[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Referred in House (RFH)]
1st Session
S. 1132
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 5, 2003
Referred to the Committee on Veterans' Affairs, and in addition to the
Committee on Armed Services for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve and enhance certain
benefits for survivors of veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Enhancements Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--SURVIVOR BENEFITS
Sec. 101. Benefits for children with spina bifida of veterans of
certain service in Korea.
Sec. 102. Alternative beneficiaries for National Service Life Insurance
and United States Government Life
Insurance.
Sec. 103. Applicability to certain members of the National Guard of
authority for extension of eligibility for
survivors' and dependents' educational
assistance.
Sec. 104. Increase in rates of survivors' and dependents' educational
assistance.
Sec. 105. Repeal of two-year limitation on payment of accrued benefits
at death.
TITLE II--BURIAL BENEFITS
Sec. 201. Burial plot allowance.
Sec. 202. Eligibility of surviving spouses who remarry for burial in
national cemeteries.
Sec. 203. Permanent authority for State cemetery grants program.
Sec. 204. Provision of markers for privately marked graves.
TITLE III--OTHER MATTERS
Subtitle A--Miscellaneous Benefits Matters
Sec. 301. Two-year extension of round-down requirement for compensation
cost-of-living adjustments.
Sec. 302. Presumptions of service-connection relating to diseases and
disabilities of former prisoners of war.
Sec. 303. Repeal of requirement for minimum period of internment of
prisoners of war for dental care.
Sec. 304. Rounding down of certain cost-of-living adjustments on
education assistance.
Sec. 305. Termination of education loan program.
Sec. 306. Termination of authority to guarantee loans to purchase
manufactured homes and lots.
Sec. 307. Increase in loan fee for subsequent loans closed before
October 1, 2011.
Sec. 308. Reinstatement of minimum requirements for sale of vendee
loans.
Sec. 309. Operation of Native American Veteran Housing Loan Program.
Sec. 310. Time limitations on receipt of claim information pursuant to
requests of Department of Veterans Affairs.
Sec. 311. Clarification of applicability of prohibition on assignment
of veterans benefits to agreements
requiring payment of future receipt of
benefits.
Sec. 312. Three-year extension of income verification authority.
Sec. 313. Forfeiture of benefits for subversive activities.
Sec. 314. Clarification of notice of disagreement for appellate review
of Department of Veterans Affairs
activities.
Subtitle B--Benefits for Philippine Veterans
Sec. 321. Rate of payment of benefits for certain Filipino veterans and
their survivors residing in the United
States.
Sec. 322. Burial benefits for new Philippine Scouts residing in the
United States.
Sec. 323. Extension of authority to operate regional office in the
Philippines.
Subtitle C--Exposure to Hazardous Substances
Sec. 331. Radiation Dose Reconstruction Program of Department of
Defense.
Sec. 332. Study on disposition of Air Force Health Study.
Sec. 333. Funding of Medical Follow-Up Agency of Institute of Medicine
of National Academy of Sciences for
epidemiological research on members of the
Armed Forces and veterans.
Subtitle D--Other Matters
Sec. 341. Four-year extension of Advisory Committee on Minority
Veterans.
Sec. 342. Veterans' Advisory Committee on Education.
Sec. 343. Temporary authority for performance of medical disabilities
examinations by contract physicians.
Sec. 344. Technical amendment.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--SURVIVOR BENEFITS
SEC. 101. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF
CERTAIN SERVICE IN KOREA.
(a) In General.--Chapter 18 is amended--
(1) by redesignating subchapter III, and sections 1821,
1822, 1823, and 1824, as subchapter IV, and sections 1831,
1832, 1833, and 1834, respectively; and
(2) by inserting after subchapter II the following new
subchapter III:
``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH
SPINA BIFIDA
``Sec. 1821. Benefits for children of certain Korea service veterans
born with spina bifida
``(a) Benefits Authorized.--The Secretary may provide to any child
of a veteran of covered service in Korea who is suffering from spina
bifida the health care, vocational training and rehabilitation, and
monetary allowance required to be paid to a child of a Vietnam veteran
who is suffering from spina bifida under subchapter I of this chapter
as if such child of a veteran of covered service in Korea were a child
of a Vietnam veteran who is suffering from spina bifida under such
subchapter.
``(b) Spina Bifida Conditions Covered.--This section applies with
respect to all forms and manifestations of spina bifida, except spina
bifida occulta.
``(c) Veteran of Covered Service in Korea.--For purposes of this
section, a veteran of covered service in Korea is any individual,
without regard to the characterization of that individual's service,
who--
``(1) served in the active military, naval, or air service
in or near the Korean demilitarized zone (DMZ), as determined
by the Secretary in consultation with the Secretary of Defense,
during the period beginning on January 1, 1967, and ending on
December 31, 1969; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in or near the Korean demilitarized
zone.
``(d) Herbicide Agent.--For purposes of this section, the term
`herbicide agent' means a chemical in a herbicide used in support of
United States and allied military operations in or near the Korean
demilitarized zone, as determined by the Secretary in consultation with
the Secretary of Defense, during the period beginning on January 1,
1967, and ending on December 31, 1969.''.
(b) Child Defined.--Section 1831, as redesignated by subsection (a)
of this section, is further amended by striking paragraph (1) and
inserting the following new paragraph (1):
``(1) The term `child' means the following:
``(A) For purposes of subchapters I and II of this
chapter, an individual, regardless of age or marital
status, who--
``(i) is the natural child of a Vietnam
veteran; and
``(ii) was conceived after the date on
which that veteran first entered the Republic
of Vietnam during the Vietnam era.
``(B) For purposes of subchapter III of this
chapter, an individual, regardless of age or marital
status, who--
``(i) is the natural child of a veteran of
covered service in Korea (as determined for
purposes of section 1821 of this title); and
``(ii) was conceived after the date on
which that veteran first entered service
described in subsection (c) of that section.''.
(c) Nonduplication of Benefits.--Section 1834(a), as redesignated
by subsection (a) of this section, is further amended by adding at the
end the following new sentence: ``In the case of a child eligible for
benefits under subchapter I or II of this chapter who is also eligible
for benefits under subchapter III of this chapter, a monetary allowance
shall be paid under the subchapter of this chapter elected by the
child.''.
(d) Conforming Amendments.--(1) Section 1811(1)(A) is amended by
striking ``section 1821(1)'' and inserting ``section 1831(1)''.
(2) The heading for chapter 18 is amended to read as follows:
``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN
OTHER VETERANS''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 18 is amended by striking the items relating to
subchapter III and inserting the following new items:
``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH
SPINA BIFIDA
``1821. Benefits for children of certain Korea service veterans born
with spina bifida.
``SUBCHAPTER IV--GENERAL PROVISIONS
``1831. Definitions.
``1832. Applicability of certain administrative provisions.
``1833. Treatment of receipt of monetary allowance and other benefits.
``1834. Nonduplication of benefits.''.
(2) The table of chapters at the beginning of title 38, United
States Code, and at the beginning of part II, are each amended by
striking the item relating to chapter 18 and inserting the following
new item:
``18. Chapter 18--Benefits for Children of Vietnam Veterans 1802''.
and Certain Other Veterans.
SEC. 102. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE
AND UNITED STATES GOVERNMENT LIFE INSURANCE.
(a) National Service Life Insurance.--Section 1917 is amended by
adding at the end the following new subsection:
``(f)(1) Following the death of the insured and in a case not
covered by subsection (d)--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(b) United States Government Life Insurance.--Section 1952 is
amended by adding at the end the following new subsection:
``(c)(1) Following the death of the insured and in a case not
covered by section 1950 of this title--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 2004.
(d) Transition Provision.--In the case of a person insured under
subchapter I or II of chapter 19 of title 38, United States Code, who
dies before the effective date of the amendments made by subsections
(a) and (b), as specified by subsection (c), the two-year and four-year
periods specified in subsection (f)(1) of section 1917 of title 38,
United States Code, as added by subsection (a), and subsection (c)(1)
of section 1952 of such title, as added by subsection (b), as
applicable, shall for purposes of the applicable subsection be treated
as being the two-year and four-year periods, respectively, beginning on
the effective date of such amendments, as so specified.
SEC. 103. APPLICABILITY TO CERTAIN MEMBERS OF THE NATIONAL GUARD OF
AUTHORITY FOR EXTENSION OF ELIGIBILITY FOR SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3512(h) is amended by inserting ``or is
involuntarily ordered to full-time National Guard duty under section
502(f) of title 32,'' after ``title 10,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 11, 2001.
SEC. 104. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE.
(a) Survivors' and Dependents' Educational Assistance.--Section
3532 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``at the monthly
rate of'' and all that follows and inserting ``at the
monthly rate of $788 for full-time, $592 for three-
quarter-time, or $394 for half-time pursuit.''; and
(B) in paragraph (2), by striking ``at the rate
of'' and all that follows and inserting ``at the rate
of the lesser of--
``(A) the established charges for tuition and fees that the
educational institution involved requires similarly
circumstanced nonveterans enrolled in the same program to pay;
or
``(B) $788 per month for a full-time course.'';
(2) in subsection (b), by striking ``$670'' and inserting
``$788''; and
(3) in subsection (c)(2), by striking ``shall be'' and all
that follows and inserting ``shall be $636 for full-time, $477
for three-quarter-time, or $319 for half-time pursuit.''.
(b) Correspondence Courses.--Section 3534(b) is amended by striking
``$670'' and inserting ``$788''.
(c) Special Restorative Training.--Section 3542(a) is amended--
(1) by striking ``$670'' and inserting ``$788''; and
(2) by striking ``$210'' each place it appears and
inserting ``$247''.
(d) Apprenticeship Training.--Section 3687(b)(2) is amended by
striking ``shall be $488 for the first six months'' and all that
follows and inserting ``shall be $574 for the first six months, $429
for the second six months, $285 for the third six months, and $144 for
the fourth and any succeeding six-month period of training.''.
(e) Effective Date.--The amendments made by this section shall take
effect on July 1, 2004, and shall apply with respect to educational
assistance allowances payable under chapter 35 and section 3687(b)(2)
of title 38, United States Code, for months beginning on or after that
date.
SEC. 105. REPEAL OF TWO-YEAR LIMITATION ON PAYMENT OF ACCRUED BENEFITS
AT DEATH.
(a) Repeal.--Section 5121(a) is amended--
(1) in the matter preceding paragraph (1), by striking
``for a period not to exceed two years'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Upon the death of a child claiming benefits under
chapter 18 of this title, to the surviving parents; and''.
(b) Technical Amendment.--That section is further amended in the
matter preceding paragraph (1) by striking ``or decisions,'' and
inserting ``or decisions''.
TITLE II--BURIAL BENEFITS
SEC. 201. BURIAL PLOT ALLOWANCE.
(a) In General.--Section 2303(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
burial allowance under such section 2302, or under such
subsection, who was discharged from the active military, naval,
or air service for a disability incurred or aggravated in line
of duty, or who is a veteran of any war'' and inserting
``burial in a national cemetery under section 2402 of this
title''; and
(2) in paragraph (2), by striking ``(other than a veteran
whose eligibility for benefits under this subsection is based
on being a veteran of any war)'' and inserting ``is eligible
for a burial allowance under section 2302 of this title or
under subsection (a) of this section, or was discharged from
the active military, naval, or air service for a disability
incurred or aggravated in line of duty, and such veteran''.
(b) Conforming Amendment.--Section 2307 is amended in the last
sentence by striking ``and (b)'' and inserting ``and (b)(2)''.
SEC. 202. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR BURIAL IN
NATIONAL CEMETERIES.
(a) In General.--Section 2402(5) is amended by striking ``(which
for purposes of this chapter includes an unremarried surviving spouse
who had a subsequent remarriage which was terminated by death or
divorce)'' and inserting ``(which for purposes of this chapter includes
a surviving spouse who had a subsequent remarriage)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.
SEC. 203. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM.
(a) Permanent Authority.--Subsection (a) of section 2408 is
amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(b) Conforming Amendment.--Subsection (e) of such section is
amended by striking ``Sums appropriated under subsection (a) of this
section'' and inserting ``Amounts appropriated to carry out this
section''.
SEC. 204. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES.
(a) In General.--Section 502(d) of the Veterans Education and
Benefits Expansion Act of 2001 (Public Law 107-103; 38 U.S.C. 2306
note) is amended by striking ``September 11, 2001'' and inserting
``November 1, 1990''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 502 of the
Veterans Education and Benefits Expansion Act of 2001.
TITLE III--OTHER MATTERS
Subtitle A--Miscellaneous Benefits Matters
SEC. 301. TWO-YEAR EXTENSION OF ROUND-DOWN REQUIREMENT FOR COMPENSATION
COST-OF-LIVING ADJUSTMENTS.
Sections 1104(a) and 1303(a) are each amended by striking ``2011''
and inserting ``2013''.
SEC. 302. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DISEASES AND
DISABILITIES OF FORMER PRISONERS OF WAR.
Subsection (b) of section 1112 is amended to read as follows:
``(b)(1) For the purposes of section 1110 of this title and subject
to the provisions of section 1113 of this title, in the case of a
veteran who is a former prisoner of war--
``(A) a disease specified in paragraph (2) which became
manifest to a degree of 10 percent or more after active
military, naval, or air service shall be considered to have
been incurred in or aggravated by such service, notwithstanding
that there is no record of such disease during the period of
service; and
``(B) if the veteran was detained or interned as a prisoner
of war for not less than thirty days, a disease specified in
paragraph (3) which became manifest to a degree of 10 percent
or more after active military, naval, or air service shall be
considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of such
disease during the period of service.
``(2) The diseases specified in this paragraph are the following:
``(A) Psychosis.
``(B) Any of the anxiety states.
``(C) Dysthymic disorder (or depressive neurosis).
``(D) Organic residuals of frostbite, if the Secretary
determines that the veteran was detained or interned in
climatic conditions consistent with the occurrence of
frostbite.
``(E) Post-traumatic osteoarthritis.
``(3) The diseases specified in this paragraph are the following:
``(A) Avitaminosis.
``(B) Beriberi (including beriberi heart disease).
``(C) Chronic dysentery.
``(D) Helminthiasis.
``(E) Malnutrition (including optic atrophy associated with
malnutrition).
``(F) Pellagra.
``(G) Any other nutritional deficiency.
``(H) Cirrhosis of the liver.
``(I) Peripheral neuropathy except where directly related
to infectious causes.
``(J) Irritable bowel syndrome.
``(K) Peptic ulcer disease.''.
SEC. 303. REPEAL OF REQUIREMENT FOR MINIMUM PERIOD OF INTERNMENT OF
PRISONERS OF WAR FOR DENTAL CARE.
Section 1712(a)(1)(F) is amended by striking ``and who was detained
or interned for a period of not less than 90 days''.
SEC. 304. ROUNDING DOWN OF CERTAIN COST-OF-LIVING ADJUSTMENTS ON
EDUCATION ASSISTANCE.
(a) Basic Educational Assistance Under Montgomery GI Bill.--Section
3015(h) is amended by inserting ``down'' after ``rounded''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3564 is amended by inserting ``down'' after ``rounded''.
SEC. 305. TERMINATION OF EDUCATION LOAN PROGRAM.
(a) Termination of Education Loan Program.--No loans shall be made
under subchapter III of chapter 36 of title 38, United States Code,
after the date of the enactment of this Act.
(b) Discharge of Liabilities.--Effective as of the date of the
transfer of funds under subsection (c)--
(1) any liability on an education loan under subchapter III
of chapter 36 of title 38, United States Code, that is
outstanding as of such date shall be deemed discharged; and
(2) the right of the United States to recover an
overpayment declared under section 3698(e)(1) of such title
that is outstanding as of such date shall be deemed waived.
(c) Termination of Loan Fund.--(1) Effective as of the day before
the date of the repeal under this section of subchapter III of chapter
36 of title 38, United States Code, all monies in the revolving fund of
the Treasury known as the ``Department of Veterans Affairs Education
Loan Fund'' shall be transferred to the Department of Veterans Affairs
Readjustment Benefits Account, and the revolving fund shall be closed.
(2) Any monies transferred to the Department of Veterans Affairs
Readjustment Benefits Account under paragraph (1) shall be merged with
amounts in that account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as amounts in that
account.
(d) Use of Entitlement to Veterans Educational Assistance for
Education Loan Program.--Section 3462(a) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (4) as paragraph (2).
(e) Repeal of Education Loan Program.--Subchapter III of chapter 36
is repealed.
(f) Conforming Amendments.--(1) Section 3485(e)(1) is amended by
striking ``(other than an education loan under subchapter III)''.
(2) Section 3512 is amended by striking subsection (f).
(g) Clerical Amendment.--The table of sections at the beginning of
chapter 36 is amended by striking the items relating to subchapter III.
(h) Effective Dates.--(1) The amendments made by subsection (d)
shall take effect on the date of the enactment of this Act.
(2) The amendments made by subsections (e), (f), and (g) shall take
effect 90 days after the date of the enactment of this Act.
SEC. 306. TERMINATION OF AUTHORITY TO GUARANTEE LOANS TO PURCHASE
MANUFACTURED HOMES AND LOTS.
Section 3712 is amended by adding at the end the following new
subsection:
``(m) The authority of the Secretary to guarantee loans under this
section shall expire on December 31, 2003.''.
SEC. 307. INCREASE IN LOAN FEE FOR SUBSEQUENT LOANS CLOSED BEFORE
OCTOBER 1, 2011.
(a) Increase in Loan Fee.--The loan fee table in section 3729(b)(2)
is amended in subparagraph (B)(i), relating to subsequent loans
described in section 3701(a) of title 38, United States Code, to
purchase or construct a dwelling with 0-down, or any other subsequent
loan described in such section (closed on or before October 1, 2011),
by striking ``3.00'' both places it appears and inserting ``3.50''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2004.
SEC. 308. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE
LOANS.
(a) In General.--Section 3733(a) is amended--
(1) by striking paragraph (2) and redesignating paragraphs
(3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5),
respectively; and
(2) in subparagraph (B)(i) of paragraph (3), as so
redesignated, by striking ``paragraph (5) of this subsection''
and inserting ``paragraph (4)''.
(b) Increase in Maximum Percentage.--Section 3733(a)(1) is
amended--
(1) by striking ``65 percent'' in the first sentence and
inserting ``85 percent''; and
(2) by striking the second sentence.
(c) Stylistic Amendments.--Section 3733 is further amended by
striking ``paragraph (1) of this subsection'' each place it appears and
inserting ``paragraph (1)''.
SEC. 309. OPERATION OF NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM.
(a) Restoration for Fiscal Year 2003 to Fiscal Year 2002 Level.--In
carrying out the pilot program provided by subchapter V of chapter 37
of title 38, United States Code, under which the Secretary of Veterans
Affairs is authorized to make direct housing loans to Native American
veterans, the Secretary shall during fiscal year 2003 carry out that
program without regard to the proviso under the heading ``Native
American Veteran Housing Loan Program Account'' in title I of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2003 (division K of Public Law
108-7; 117 Stat. 476), and such proviso shall be treated as being of no
force or effect.
(b) Savings Provision.--Any action taken by the Secretary of
Veterans Affairs before the enactment of this Act that is inconsistent
with the proviso referred to in subsection (a) is hereby ratified with
respect to such inconsistency.
SEC. 310. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION PURSUANT TO
REQUESTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Information to Complete Claims Applications.--Section 5102 is
amended by adding at the end the following new subsection:
``(c) Time Limitation.--(1) If information that a claimant and the
claimant's representative, if any, are notified under subsection (b) is
necessary to complete an application is not received by the Secretary
within one year from the date of such notification, no benefit may be
paid or furnished by reason of the claimant's application.
``(2) This subsection shall not apply to any application or claim
for Government life insurance benefits.''.
(b) Construction of Limitation on Information to Substantiate
Claims.--Section 5103(b) is amended by adding at the end the following
new paragraph:
``(3) The limitation in paragraph (1) shall not be construed to
prohibit the Secretary from making a decision on a claim before the
expiration of the period referred to in that subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if enacted on November 9, 2000, immediately after the
enactment of the Veterans Claims Assistance Act of 2000 (Public Law
106-475; 114 Stat. 2096).
SEC. 311. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON ASSIGNMENT
OF VETERANS BENEFITS TO AGREEMENTS REQUIRING PAYMENT OF
FUTURE RECEIPT OF BENEFITS.
(a) In General.--Section 5301(a) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by designating the last sentence as paragraph (2) and
indenting such paragraph, as so designated, two ems from the
left margin; and
(3) by adding at the end the following new paragraph:
``(3)(A) This subsection is intended to clarify that, in any case
where a beneficiary entitled to compensation, pension, or dependency
and indemnity compensation enters into an agreement with another person
under which agreement such other person acquires for consideration the
right to receive payment of such compensation, pension, or dependency
and indemnity compensation, as the case may be, whether by payment from
the beneficiary to such other person, deposit into an account from
which such other person may make withdrawals, or otherwise, such
agreement shall be deemed to be an assignment and is prohibited.
``(B) Notwithstanding subparagraph (A), nothing in this subsection
is intended to prohibit a loan to a beneficiary under the terms of
which the beneficiary may use some of the benefits to repay the loan,
so long as each of the periodic payments made to repay the loan is
separately and voluntarily executed by the beneficiary at the time such
periodic payment is made.
``(C) Any agreement or arrangement for collateral for security for
an agreement that is prohibited under subparagraph (A) is also
prohibited and is void ab initio.''.
(b) Effective Date.--Paragraph (3) of section 5301(a) of title 38,
United States Code (as added by subsection (a) of this section), shall
apply with respect to any agreement or arrangement described in that
paragraph that is entered into on or after the date of the enactment of
this Act.
SEC. 312. THREE-YEAR EXTENSION OF INCOME VERIFICATION AUTHORITY.
(a) In General.--Section 5317(g) is amended by striking ``September
30, 2008'' and inserting ``September 30, 2011''.
(b) Conforming Amendment.--Section 6103(l)(7)(D) of the Internal
Revenue Code of 1986 is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2011''.
SEC. 313. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.
(a) Addition of Certain Offenses.--Section 6105(b)(2) is amended by
striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385,
2387, 2388, 2389, 2390, and chapter 105 of title 18'' and inserting
``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381,
2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of
title 18''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to claims filed after the date of the enactment of this Act.
SEC. 314. CLARIFICATION OF NOTICE OF DISAGREEMENT FOR APPELLATE REVIEW
OF DEPARTMENT OF VETERANS AFFAIRS ACTIVITIES.
(a) Clarification.--Section 7105(b) is amended by adding at the end
the following new paragraph:
``(3) A document that meets the requirements of the second sentence
of paragraph (1) and the first sentence of paragraph (2) shall be
recognized as a notice of disagreement for purposes of this section
unless the Secretary finds that the claimant has disavowed a desire for
appellate review.''.
(b) Effective Date.--(1) Except as specifically provided otherwise,
paragraph (3) of section 7105(b) of title 38, United States Code (as
added by subsection (a) of this section), shall apply to any document--
(A) filed under section 7105 of such title on or after the
date of the enactment of this Act; or
(B) filed under section 7105 of such title before the date
of the enactment of this Act and not treated by the Secretary
of Veterans Affairs as a notice of disagreement pursuant to
section 20.201 of title 38, Code of Federal Regulations, as of
that date.
(2) In the case of a document described in paragraph (3) of this
subsection, the Secretary shall, upon the request of the claimant or
the Secretary's own motion, order the document treated as a notice of
disagreement under section 7105 of such title as if the document had
not been rejected by the Secretary as a notice of disagreement pursuant
to section 20.201 of title 38, Code of Federal Regulations.
(3) A document described in this paragraph is a document that--
(A) was filed as a notice of disagreement under section
7105 of such title during the period beginning on March 15,
2002, and ending on the date of the enactment of this Act; and
(B) was rejected by the Secretary as a notice of
disagreement pursuant to section 20.201 of title 38, Code of
Federal Regulations.
(4) A document may not be treated as a notice of disagreement under
paragraph (2) unless a request for such treatment is filed by the
claimant, or a motion is made by the Secretary, not later than one year
after the date of the enactment of this Act.
Subtitle B--Benefits for Philippine Veterans
SEC. 321. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO VETERANS AND
THEIR SURVIVORS RESIDING IN THE UNITED STATES.
(a) Rate of Payment.--Section 107 is amended--
(1) in the second sentence of subsection (b), by striking
``Payments'' and inserting ``Except as provided in subsection
(c), payments''; and
(2) in subsection (c)--
(A) by inserting ``and subchapter II of chapter 13
(except section 1312(a)) of this title'' after
``chapter 11 of this title'';
(B) by striking ``in subsection (a)'' and inserting
``in subsection (a) or (b)''; and
(C) by striking ``of subsection (a)'' and inserting
``of the applicable subsection''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
benefits paid for months beginning after that date.
SEC. 322. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE
UNITED STATES.
(a) Benefit Eligibility.--Section 107 is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting ``, 23, and 24 (to the extent
provided for in section 2402(8))'' after ``(except
section 1312(a))'';
(2) in the second sentence of subsection (b), as amended by
section 321 of this Act, by inserting ``or (d)'' after
``subsection (c)'';
(3) in subsection (d)(1), by inserting ``or (b), as
applicable,'' after ``subsection (a)''; and
(4) in section (d)(2), by inserting ``or whose service is
described in subsection (b) and who dies after the date of
enactment of the Veterans' Benefits Enhancements Act of 2003,''
after ``November 1, 2000,''.
(b) National Cemetery Interment.--Section 2402(8) is amended by
inserting ``or (b)'' after ``section 107(a)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.
SEC. 323. EXTENSION OF AUTHORITY TO OPERATE REGIONAL OFFICE IN THE
PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2008''.
Subtitle C--Exposure to Hazardous Substances
SEC. 331. RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF
DEFENSE.
(a) Review of Mission, Procedures, and Administration.--(1) The
Secretary of Veterans Affairs and the Secretary of Defense shall
jointly conduct a review of the mission, procedures, and administration
of the Radiation Dose Reconstruction Program of the Department of
Defense.
(2) In conducting the review under paragraph (1), the Secretaries
shall--
(A) determine whether any additional actions are required
to ensure that the quality assurance and quality control
mechanisms of the Radiation Dose Reconstruction Program are
adequate and sufficient for purposes of the program; and
(B) determine the actions that are required to ensure that
the mechanisms of the Radiation Dose Reconstruction Program for
communication and interaction with veterans are adequate and
sufficient for purposes of the program, including mechanisms to
permit veterans to review the assumptions utilized in their
dose reconstructions.
(3) Not later than 90 days after the date of the enactment of this
Act, the Secretaries shall jointly submit to Congress a report on the
review under paragraph (1). The report shall set forth--
(A) the results of the review;
(B) a plan for any actions determined to be required under
paragraph (2); and
(C) such other recommendations for the improvement of the
mission, procedures, and administration of the Radiation Dose
Reconstruction Program as the Secretaries jointly consider
appropriate.
(b) On-Going Review and Oversight.--The Secretaries shall jointly
take appropriate actions to ensure the on-going independent review and
oversight of the Radiation Dose Reconstruction Program, including the
establishment of the advisory board required by subsection (c).
(c) Advisory Board.--(1) In taking actions under subsection (b),
the Secretaries shall jointly appoint an advisory board to provide
review and oversight of the Radiation Dose Reconstruction Program.
(2) The advisory board under paragraph (1) shall be composed of the
following:
(A) At least one expert in historical dose reconstruction
of the type conducted under the Radiation Dose Reconstruction
Program.
(B) At least one expert in radiation health matters.
(C) At least one expert in risk communications matters.
(D) A representative of the Department of Veterans Affairs.
(E) A representative of the Defense Threat Reduction
Agency.
(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
(3) The advisory board under paragraph (1) shall--
(A) conduct periodic, random audits of dose reconstructions
under the Radiation Dose Reconstruction Program and of
decisions by the Department of Veterans Affairs on claims for
service connection of radiogenic diseases;
(B) assist the Department of Veterans Affairs and the
Defense Threat Reduction Agency in communicating to veterans
information on the mission, procedures, and evidentiary
requirements of the Radiation Dose Reconstruction Program; and
(C) carry out such other activities with respect to the
review and oversight of the Radiation Dose Reconstruction
Program as the Secretaries shall jointly specify.
(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures of the
Radiation Dose Reconstruction Program as the advisory board considers
appropriate as a result of the audits conducted under paragraph (3)(A).
SEC. 332. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.
(a) In General.--The Secretary of Veterans Affairs shall, in
accordance with this section, carry out a study to determine the
appropriate disposition of the Air Force Health Study, an epidemiologic
study of Air Force personnel who were responsible for conducting aerial
spray missions of herbicides during the Vietnam era.
(b) Study Through National Academy of Sciences.--Not later than
sixty days after the date of the enactment of this Act, the Secretary
shall seek to enter into an agreement with the National Academy of
Sciences, or another appropriate scientific organization, to carry out
the study required by subsection (a).
(c) Elements.--Under the study under subsection (a), the National
Academy of Sciences, or other appropriate scientific organization,
shall address the following:
(1) The scientific merit of retaining and maintaining the
medical records, other study data, and laboratory specimens
collected in the course of the Air Force Health Study after the
currently-scheduled termination date of the study in 2006.
(2) Whether or not any obstacles exist to retaining and
maintaining the medical records, other study data, and
laboratory specimens referred to in paragraph (1), including
privacy concerns.
(3) The advisability of providing independent oversight of
the medical records, other study data, and laboratory specimens
referred to in paragraph (1), and of any further study of such
records, data, and specimens, and, if so, the mechanism for
providing such oversight.
(4) The advisability of extending the Air Force Health
Study, including the potential value and relevance of extending
the study, the potential cost of extending the study, and the
Federal or non-Federal entity best suited to continue the study
if extended.
(5) The advisability of making the laboratory specimens of
the Air Force Health Study available for independent research,
including the potential value and relevance of such research,
and the potential cost of such research.
(d) Report.--Not later than 60 days after entering into an
agreement under subsection (b), the National Academy of Sciences, or
other appropriate scientific organization, shall submit to the
Secretary and Congress a report on the results of the study under
subsection (a). The report shall include the results of the study,
including the matters addressed under subsection (c), and such other
recommendations as the Academy, or other appropriate scientific
organization, considers appropriate as a result of the study.
SEC. 333. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE
OF NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL
RESEARCH ON MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Funding by Department of Veterans Affairs.--(1) The Secretary
of Veterans Affairs shall make available to the National Academy of
Sciences in each of fiscal years 2004 through 2013, $250,000 for the
Medical Follow-Up Agency of the Institute of Medicine of the Academy
for purposes of epidemiological research on members of the Armed Forces
and veterans.
(2) The Secretary of Veterans Affairs shall make available amounts
under paragraph (1) for a fiscal year from amounts available for the
Department of Veterans Affairs for that fiscal year.
(b) Funding by Department of Defense.--(1) The Secretary of Defense
shall make available to the National Academy of Sciences in each of
fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up
Agency for purposes of epidemiological research on members of the Armed
Forces and veterans.
(2) The Secretary of Defense shall make available amounts under
paragraph (1) for a fiscal year from amounts available for the
Department of Defense for that fiscal year.
(c) Use of Funds.--The Medical Follow-Up Agency shall use funds
made available under subsections (a) and (b) for epidemiological
research on members of the Armed Forces and veterans.
(d) Supplement Not Supplant.--Amounts made available to the Medical
Follow-Up Agency under this section for a fiscal year for the purposes
referred to in subsection (c) are in addition to any other amounts made
available to the Agency for that fiscal year for those purposes.
Subtitle D--Other Matters
SEC. 341. FOUR-YEAR EXTENSION OF ADVISORY COMMITTEE ON MINORITY
VETERANS.
Section 544(e) is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2007''.
SEC. 342. VETERANS' ADVISORY COMMITTEE ON EDUCATION.
(a) Membership.--Subsection (a) of section 3692 is amended in the
second sentence by inserting ``, to the maximum extent practicable,''
after ``The committee shall also''.
(b) Extension.--Subsection (c) of that section is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2013''.
(c) Technical Amendments.--That section is further amended--
(1) in subsections (a) and (b), by striking ``chapter 106''
each place it appears and inserting ``chapter 1606''; and
(2) in subsection (b), by striking ``chapter 30'' and
inserting ``chapters 30''.
SEC. 343. TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITIES
EXAMINATIONS BY CONTRACT PHYSICIANS.
(a) In General.--Notwithstanding the limitation in section 504(b)
the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275;
110 Stat. 3341; 38 U.S.C. 5101 note) and using funds subject to
appropriation (other than funds available for compensation and
pension), the Secretary of Veterans Affairs may provide for the conduct
of examinations with respect to the medical disabilities of applicants
for benefits under laws administered by the Secretary by persons other
than Department of Veterans Affairs employees.
(b) Performance by Contract.--Examinations under the authority in
subsection (a) shall be conducted pursuant to contracts entered into
and administered by the Under Secretary for Benefits.
(c) Expiration.--The authority in subsection (a) shall expire on
December 31, 2009. No examination may be carried out under the
authority in that subsection after that date.
(d) Report.--Not later than four years after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
utilization of the authority in subsection (a), including an assessment
of the effect of examinations under that authority on the cost,
timeliness, and thoroughness of examinations with respect to the
medical disabilities of applicants for benefits under laws administered
by the Secretary.
SEC. 344. TECHNICAL AMENDMENT.
Section 1974(a)(5) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland Security''.
Passed the Senate October 31, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.