[107th Congress Public Law 330]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ330.107]
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VETERANS BENEFITS ACT OF 2002
[[Page 116 STAT. 2820]]
Public Law 107-330
107th Congress
An Act
To amend title 38, United States Code, to improve authorities of the
Department of Veterans Affairs relating to veterans' compensation,
dependency and indemnity compensation, and pension benefits, education
benefits, housing benefits, memorial affairs benefits, life insurance
benefits, and certain other benefits for veterans, to improve the
administration of benefits for veterans, to make improvements in
procedures relating to judicial review of veterans' claims for benefits,
and for other purposes.
<<NOTE: Dec. 6, 2002 - [S. 2237]>> Be it enacted by the Senate and
House of Representatives of the United States of <<NOTE: Veterans
Benefits Act of 2002.>> America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Veterans Benefits Act of 2002''.
(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--COMPENSATION AND BENEFITS IMPROVEMENTS
Sec. 101. Retention of CHAMPVA for surviving spouses remarrying after
age 55.
Sec. 102. Clarification of entitlement to special monthly compensation
for women veterans who have service-connected loss of breast
tissue.
Sec. 103. Specification of hearing loss required for compensation for
hearing loss in paired organs.
Sec. 104. Assessment of acoustic trauma associated with military service
from World War II to present.
TITLE II--MEMORIAL AFFAIRS
Sec. 201. Prohibition on certain additional benefits for persons
committing capital crimes.
Sec. 202. Procedures for disqualification of persons committing capital
crimes for interment or memorialization in national
cemeteries.
Sec. 203. Application of Department of Veterans Affairs benefit for
Government markers for marked graves of veterans at private
cemeteries to veterans dying on or after September 11, 2001.
Sec. 204. Authorization of placement of a memorial in Arlington National
Cemetery honoring World War II veterans who fought in the
Battle of the Bulge.
TITLE III--OTHER MATTERS
Sec. 301. Increase in aggregate annual amount available for State
approving agencies for administrative expenses for fiscal
years 2003 through 2007.
Sec. 302. Authority for Veterans' Mortgage Life Insurance to be carried
beyond age 70.
Sec. 303. Authority to guarantee hybrid adjustable rate mortgages.
Sec. 304. Increase in amount payable as Medal of Honor special pension.
Sec. 305. Extension of protections under the Soldiers' and Sailors'
Civil Relief Act of 1940 to National Guard members called to
active duty under title 32, United States Code.
Sec. 306. Extension of income verification authority.
Sec. 307. Fee for loan assumption.
Sec. 308. Technical and clarifying amendments.
[[Page 116 STAT. 2821]]
Sec. 309. Codification of cost-of-living adjustment provided in Public
Law 107-247.
TITLE IV--JUDICIAL MATTERS
Sec. 401. Standard for reversal by Court of Appeals for Veterans Claims
of erroneous finding of fact by Board of Veterans' Appeals.
Sec. 402. Review by Court of Appeals for the Federal Circuit of
decisions of law of Court of Appeals for Veterans Claims.
Sec. 403. Authority of Court of Appeals for Veterans Claims to award
fees under Equal Access to Justice Act for non-attorney
practitioners.
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--COMPENSATION AND BENEFITS IMPROVEMENTS
SEC. 101. RETENTION OF CHAMPVA FOR SURVIVING SPOUSES REMARRYING
AFTER AGE 55.
(a) Exception to Termination of Benefits Upon Remarriage.--Paragraph
(2) of section 103(d) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The remarriage after age 55 of the surviving spouse of a
veteran shall not bar the furnishing of benefits under section 1781 of
this title to such person as the surviving spouse of the veteran.''.
(b) <<NOTE: 38 USC 103 note.>> Application for Benefits.--In the
case of an individual who but for having remarried would be eligible for
medical care under section 1781 of title 38, United States Code, and
whose remarriage was before the date of the enactment of this Act and
after the individual had attained age 55, the individual shall be
eligible for such medical care by reason of the amendments made by
subsection (a) only if an application for such medical care is received
by the Secretary of Veterans Affairs during the 1-year period ending on
the effective date specified in subsection (c).
(c) <<NOTE: 38 USC 103 note.>> Effective Date.--The amendments made
by this section shall take effect on the date that is 60 days after the
date of the enactment of this Act.
SEC. 102. CLARIFICATION OF ENTITLEMENT TO SPECIAL MONTHLY
COMPENSATION FOR WOMEN VETERANS WHO HAVE
SERVICE-CONNECTED LOSS OF BREAST TISSUE.
Section 1114(k) is amended by striking ``one or both breasts
(including loss by mastectomy)'' and inserting ``25 percent or more of
tissue from a single breast or both breasts in combination (including
loss by mastectomy or partial mastectomy) or has received radiation
treatment of breast tissue''.
SEC. 103. SPECIFICATION OF HEARING LOSS REQUIRED FOR COMPENSATION
FOR HEARING LOSS IN PAIRED ORGANS.
Section 1160(a)(3) is amended--
(1) by striking ``total deafness'' the first place it
appears and inserting ``deafness compensable to a degree of 10
percent or more''; and
[[Page 116 STAT. 2822]]
(2) by striking ``total deafness'' the second place it
appears and inserting ``deafness''.
SEC. 104. ASSESSMENT <<NOTE: Deadlines.>> OF ACOUSTIC TRAUMA
ASSOCIATED WITH MILITARY SERVICE FROM
WORLD WAR II TO PRESENT.
(a) <<NOTE: Contracts.>> Assessment by National Academy of
Sciences.--The Secretary of Veterans Affairs shall seek to enter into an
agreement with the National Academy of Sciences for the Academy to
perform the activities specified in this section. The Secretary shall
seek to enter into the agreement not later than 60 days after the date
of the enactment of this Act.
(b) Duties Under Agreement.--Under the agreement under subsection
(a), the National Academy of Sciences shall do the following:
(1) Review and assess available data on hearing loss that
could reasonably be expected to have been incurred by members of
the Armed Forces during the period from the beginning of World
War II to the date of the enactment of this Act.
(2) Identify the different sources of acoustic trauma that
members of the Armed Forces could reasonably be expected to have
been exposed to during the period from the beginning of World
War II to the date of the enactment of this Act
(3) Determine how much exposure to each source of acoustic
trauma identified under paragraph (2) is required to cause or
contribute to hearing loss, hearing threshold shift, or
tinnitus, as the case may be, and at what noise level.
(4) Determine whether or not such hearing loss, hearing
threshold shift, or tinnitus, as the case may be, is--
(A) immediate or delayed onset;
(B) cumulative;
(C) progressive; or
(D) any combination of subparagraph (A), (B), and
(C).
(5) Identify age, occupational history, and other factors
which contribute to an individual's noise-induced hearing loss.
(6) Identify--
(A) the period of time at which audiometric measures
used by the Armed Forces became adequate to evaluate
individual hearing threshold shift; and
(B) the period of time at which hearing conservation
measures to prevent individual hearing threshold shift
were available to members of the Armed Forces, shown
separately for each of the Army, Navy, Air Force, Marine
Corps, and Coast Guard, and, for each such service,
shown separately for members exposed to different
sources of acoustic trauma identified under paragraph
(2).
(c) Report.--Not later than 180 days after the date of the entry
into the agreement referred to in subsection (a), the National Academy
of Sciences shall submit to the Secretary a report on the activities of
the National Academy of Sciences under the agreement, including the
results of the activities required by subsection (b).
(d) Report on Administration of Benefits for Hearing Loss and
Tinnitus.--(1) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the claims submitted
[[Page 116 STAT. 2823]]
to the Secretary for disability compensation or health care for hearing
loss or tinnitus.
(2) The report under paragraph (1) shall include the following:
(A) The number of decisions issued by the Secretary in each
of fiscal years 2000, 2001, and 2002 on claims for disability
compensation for hearing loss, tinnitus, or both.
(B) Of the decisions referred to in subparagraph (A)--
(i) the number in which compensation was awarded,
and the number in which compensation was denied, set
forth by fiscal year; and
(ii) the total amount of disability compensation
paid on such claims during each such fiscal year.
(C) The total cost to the Department of Veterans Affairs of
adjudicating the claims referred to in subparagraph (A), set
forth in terms of full-time employee equivalents (FTEEs).
(D) The total number of veterans who sought treatment in
Department of Veterans Affairs health care facilities during
fiscal years specified in subparagraph (A) for hearing-related
disorders, set forth by the number of veterans per year.
(E) The health care furnished to veterans referred to in
subparagraph (D) for hearing-related disorders, including the
number of veterans furnished hearing aids and the cost of
furnishing such hearing aids.
TITLE II--MEMORIAL AFFAIRS
SEC. 201. PROHIBITION ON CERTAIN ADDITIONAL BENEFITS FOR PERSONS
COMMITTING CAPITAL CRIMES.
(a) Presidential Memorial Certificate.--Section 112 is amended by
adding at the end the following new subsection:
``(c) A certificate may not be furnished under the program under
subsection (a) on behalf of a deceased person described in section
2411(b) of this title.''.
(b) Flag to Drape Casket.--Section 2301 is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) A flag may not be furnished under this section in the case of
a person described in section 2411(b) of this title.''.
(c) Headstone or Marker for Grave.--Section 2306 is amended by
adding at the end the following new subsection:
``(g)(1) A headstone or marker may not be furnished under subsection
(a) for the unmarked grave of a person described in section 2411(b) of
this title.
``(2) A memorial headstone or marker may not be furnished under
subsection (b) for the purpose of commemorating a person described in
section 2411(b) of this title.
``(3) A marker may not be furnished under subsection (d) for the
grave of a person described in section 2411(b) of this title.''.
(d) <<NOTE: Applicability. 38 USC 112 note.>> 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.
[[Page 116 STAT. 2824]]
SEC. 202. PROCEDURES FOR DISQUALIFICATION OF PERSONS COMMITTING
CAPITAL CRIMES FOR INTERMENT OR
MEMORIALIZATION IN NATIONAL CEMETERIES.
Section 2411(a)(2) is amended--
(1) by striking ``The prohibition'' and inserting ``In the
case of a person described in subsection (b)(1) or (b)(2), the
prohibition''; and
(2) by striking ``or finding under subsection (b)'' and
inserting ``referred to in subsection (b)(1) or (b)(2), as the
case may be,''.
SEC. 203. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT
FOR GOVERNMENT MARKERS FOR MARKED GRAVES
OF VETERANS AT PRIVATE CEMETERIES TO
VETERANS DYING ON OR AFTER SEPTEMBER 11,
2001.
(a) In General.--Subsection (d) of section 502 of the Veterans
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115
Stat. 995; 38 U.S.C. 2306 note) is amended by striking ``the date of the
enactment of this Act'' and inserting ``September 11, 2001''.
(b) <<NOTE: 38 USC 2306 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect as if included in the enactment of
such section 502.
SEC. 204. <<NOTE: 38 USC 2409 note.>> AUTHORIZATION OF PLACEMENT
OF A MEMORIAL IN ARLINGTON NATIONAL
CEMETERY HONORING WORLD WAR II VETERANS
WHO FOUGHT IN THE BATTLE OF THE BULGE.
The Secretary of the Army is authorized to place in Arlington
National Cemetery a memorial marker honoring veterans who fought in the
battle in the European theater of operations during World War II known
as the Battle of the Bulge.
TITLE III--OTHER MATTERS
SEC. 301. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE
APPROVING AGENCIES FOR ADMINISTRATIVE
EXPENSES FOR FISCAL YEARS 2003 THROUGH
2007.
The first sentence of section 3674(a)(4) is amended by inserting
before the period at the end the following: ``, for fiscal year 2003,
$14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005,
$18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year
2007, $19,000,000''.
SEC. 302. AUTHORITY FOR VETERANS' MORTGAGE LIFE INSURANCE TO BE
CARRIED BEYOND AGE 70.
Section 2106 is amended--
(1) in subsection (a), by inserting ``age 69 or younger''
after ``any eligible veteran''; and
(2) in subsection (i), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
[[Page 116 STAT. 2825]]
SEC. 303. AUTHORITY TO GUARANTEE HYBRID ADJUSTABLE RATE MORTGAGES.
(a) Two-Year Demonstration Project To Guarantee Certain Adjustable
Rate Mortgages.--Chapter 37 is amended by inserting after section 3707
the following new section:
``Sec. 3707A. Hybrid adjustable rate mortgages
``(a) The Secretary shall carry out a demonstration project under
this section during fiscal years 2004 and 2005 for the purpose of
guaranteeing loans in a manner similar to the manner in which the
Secretary of Housing and Urban Development insures adjustable rate
mortgages under section 251 of the National Housing Act in accordance
with the provisions of this section with respect to hybrid adjustable
rate mortgages described in subsection (b).
``(b) Adjustable rate mortgages that are guaranteed under this
section shall be adjustable rate mortgages (commonly referred to as
`hybrid adjustable rate mortgages') having interest rate adjustment
provisions that--
``(1) specify an initial rate of interest that is fixed for
a period of not less than the first three years of the mortgage
term;
``(2) provide for an initial adjustment in the rate of
interest by the mortgagee at the end of the period described in
paragraph (1); and
``(3) comply in such initial adjustment, and any subsequent
adjustment, with subsection (c).
``(c) Interest rate adjustment provisions of a mortgage guaranteed
under this section shall--
``(1) correspond to a specified national interest rate index
approved by the Secretary, information on which is readily
accessible to mortgagors from generally available published
sources;
``(2) be made by adjusting the monthly payment on an annual
basis;
``(3) be limited, with respect to any single annual interest
rate adjustment, to a maximum increase or decrease of 1
percentage point; and
``(4) be limited, over the term of the mortgage, to a
maximum increase of 5 percentage points above the initial
contract interest rate.
``(d) <<NOTE: Standards.>> The Secretary shall promulgate
underwriting standards for loans guaranteed under this section, taking
into account--
``(1) the status of the interest rate index referred to in
subsection (c)(1) and available at the time an underwriting
decision is made, regardless of the actual initial rate offered
by the lender;
``(2) the maximum and likely amounts of increases in
mortgage payments that the loans would require;
``(3) the underwriting standards applicable to adjustable
rate mortgages insured under title II of the National Housing
Act; and
``(4) such other factors as the Secretary finds appropriate.
``(e) The Secretary shall require that the mortgagee make available
to the mortgagor, at the time of loan application, a written explanation
of the features of the adjustable rate mortgage,
[[Page 116 STAT. 2826]]
including a hypothetical payment schedule that displays the maximum
potential increases in monthly payments to the mortgagor over the first
five years of the mortgage term.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 37 is amended by inserting after the item relating to section
3707 the following new item:
``3707A. Hybrid adjustable rate mortgages.''.
SEC. 304. INCREASE IN AMOUNT PAYABLE AS MEDAL OF HONOR SPECIAL
PENSION.
(a) Increase in Amount.--Subsection (a) of section 1562 is amended
by striking ``$600'' and inserting ``$1,000, as adjusted from time to
time under subsection (e)''.
(b) Annual Adjustment.--That section is further amended by adding at
the end the following new subsection:
``(e) <<NOTE: Effective date.>> Effective as of December 1 each
year, the Secretary shall increase the amount of monthly special pension
payable under subsection (a) as of November 30 of such year by the same
percentage as the percentage by which benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1 of such year as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).''.
(c) Payment of Lump Sum for Period Between Act of Valor and
Commencement of Special Pension.--That section is further amended by
adding after subsection (e), as added by subsection (b) of this section,
the following new subsection:
``(f)(1) The Secretary shall pay, in a lump sum, to each person who
is in receipt of special pension payable under this section an amount
equal to the total amount of special pension that the person would have
received during the period beginning on the first day of the first month
beginning after the date of the act for which the person was awarded the
Medal of Honor and ending on the last day of the month preceding the
month in which the person's special pension in fact commenced.
``(2) For each month of a period referred to in paragraph (1), the
amount of special pension payable to a person shall be determined using
the rate of special pension that was in effect for such month, and shall
be payable only if the person would have been entitled to payment of
special pension for such month under laws for eligibility for special
pension (with the exception of the eligibility law requiring a person to
have been awarded a Medal of Honor) in effect at the beginning of such
month.''.
(d) <<NOTE: 38 USC 1562 note.>> Effective Date.--(1) Except as
provided in paragraph (2), the amendments made by subsections (a) and
(b) shall take effect on September 1, 2003. No payment may be made
pursuant to subsection (f) of section 1562 of title 38, United States
Code, as added by subsection (c) of this section, before October 1,
2003.
(2) The Secretary of Veterans Affairs shall not make any adjustment
under subsection (e) of section 1562 of title 38, United States Code, as
added by subsection (b) of this section, in 2003.
SEC. 305. EXTENSION OF PROTECTIONS UNDER THE SOLDIERS' AND
SAILORS' CIVIL RELIEF ACT OF 1940 TO
NATIONAL GUARD MEMBERS CALLED TO ACTIVE
DUTY UNDER TITLE 32, UNITED STATES CODE.
Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of
1940 (50 U.S.C. App. 511(1)) is amended--
[[Page 116 STAT. 2827]]
(1) in the first sentence--
(A) by striking ``and all'' and inserting ``all'';
and
(B) by inserting before the period the following:
``, and all members of the National Guard on service
described in the following sentence''; and
(2) in the second sentence, by inserting before the period
the following: ``, and, in the case of a member of the National
Guard, shall include service under a call to active service
authorized by the President or the Secretary of Defense for a
period of more than 30 consecutive days under section 502(f) of
title 32, United States Code, for purposes of responding to a
national emergency declared by the President and supported by
Federal funds''.
SEC. 306. EXTENSION OF INCOME VERIFICATION AUTHORITY.
Section 6103(l)(7)(D) <<NOTE: 26 USC 6103.>> of the Internal
Revenue Code of 1986 is amended by striking ``September 30, 2003'' in
the second sentence after clause (ix) and inserting ``September 30,
2008''.
SEC. 307. FEE FOR LOAN ASSUMPTION. <<NOTE: 38 USC 3729 note.>>
(a) <<NOTE: Applicability.>> In General.--For the period described
in subsection (b), the Secretary of Veterans Affairs shall apply section
3729(b)(2)(I) of title 38, United States Code, by substituting ``1.00''
for ``0.50'' each place it appears.
(b) Period Described.--The period referred to in subsection (a) is
the period that begins on the date that is 7 days after the date of the
enactment of this Act and ends on September 30, 2003.
SEC. 308. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Eligibility of Certain Additional Vietnam Era Veterans for
Education Benefits.--Section 3011(a)(1)(C)(ii) is amended by striking
``on or''.
(b) Accelerated Payment of Assistance for Education Leading to
Employment in High Technology Industry.--(1) Subsection (b)(1) of
section 3014A is amended by striking ``employment in a high technology
industry'' and inserting ``employment in a high technology occupation in
a high technology industry''.
(2)(A) The heading for section 3014A is amended to read as follows:
``Sec. 3014A. Accelerated payment of basic educational assistance for
education leading to employment in high
technology occupation in high technology
industry''.
(B) The table of sections at the beginning of chapter 30 is amended
by striking the item relating to section 3014A and inserting the
following new item:
``3014A. Accelerated payment of basic educational assistance for
education leading to employment in high technology occupation
in high technology industry.''.
(c) Source of Funds for Increased Usage of Montgomery GI Bill
Entitlement Under Entitlement Transfer Authority.--(1) Section 3035(b)
is amended--
(A) in paragraph (1), by striking ``paragraphs (2) and (3)
of this subsection,'' and inserting ``paragraphs (2), (3), and
(4),''; and
(B) by adding at the end the following new paragraph:
[[Page 116 STAT. 2828]]
``(4) Payments attributable to the increased usage of benefits as a
result of transfers of entitlement to basic educational assistance under
section 3020 of this title shall be made from the Department of Defense
Education Benefits Fund established under section 2006 of title 10 or
from appropriations made to the Department of Transportation, as
appropriate.''.
(2) <<NOTE: Effective date. 38 USC 3035 note.>> The amendments made
by this subsection shall take effect as if included in the enactment of
the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107), to which such amendments relate.
(d) Licensing or Certification Tests.--Section 3689(c)(1)(B) is
amended by striking ``the test'' and inserting ``such test, or a test to
certify or license in a similar or related occupation,''.
(e) Period of Eligibility for Survivors' and Dependents' Assistance
Education Benefits.--(1) Section 3512(a) is amended--
(A) in paragraph (3)--
(i) by striking ``paragraph (4)'' in the matter
preceding subparagraph (A) and inserting ``paragraph (4)
or (5)''; and
(ii) by striking ``subsection (d)'' in subparagraph
(C)(i) and inserting ``subsection (d), or any date
between the two dates described in subsection (d)'';
(B) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) if the person otherwise eligible under paragraph (3)
fails to elect a beginning date of entitlement in accordance
with that paragraph, the beginning date of the person's
entitlement shall be the date of the Secretary's decision that
the parent has a service-connected total disability permanent in
nature, or that the parent's death was service-connected,
whichever is applicable;''; and
(D) in paragraph (6), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(2) <<NOTE: Effective date. 38 USC 3512 note.>> The amendments made
by this subsection shall take effect November 1, 2000.
(f) Loan Fees.--(1) Section 3703(e)(2)(A) is amended by striking
``3729(b)'' and inserting ``3729(b)(2)(I)''.
(2) <<NOTE: Effective date. 38 USC 3703 note.>> The amendment made
by paragraph (1) shall take effect as if included in the enactment of
section 402 of the Veterans Benefits and Health Care Improvement Act of
2000 (Public Law 106-419; 114 Stat. 1861).
(g) Additional Miscellaneous Technical Amendments to Title 38,
United States Code.--(1)(A) The tables of chapters preceding part I and
at the beginning of part IV are each amended by striking ``5101'' in the
item relating to chapter 51 and inserting ``5100''.
(B) The table of parts preceding part I is amended by striking
``5101'' in the item relating to part IV and inserting ``5100''.
(2) Section 107(d)(2) is amended by striking ``the date of the
enactment of this subsection'' and inserting ``November 1, 2000,''.
(3) Section 1701(10)(A) is amended by striking ``the date of the
enactment of the Veterans' Millennium Health Care and Benefits Act'' and
inserting ``November 30, 1999,''.
(4) Section 1705(c)(1) is amended by striking ``Effective on October
1, 1998, the Secretary'' and inserting ``The Secretary''.
[[Page 116 STAT. 2829]]
(5) Section 1707(a) is amended by inserting ``(42 U.S.C. 14401 et
seq.)'' before the period at the end.
(6) Section 1710(e)(1)(D) is amended by striking ``the date of the
enactment of this subparagraph'' and inserting ``November 11, 1998''.
(7) Section 1729B(b) is amended by striking ``the date of the
enactment of this section'' and inserting ``November 30, 1999,''.
(8) Section 1781(d) is amended--
(A) in paragraph (1)(B)(i), by striking ``as of the date''
and all that follows through ``of 2001'' and inserting ``as of
June 5, 2001''; and
(B) in paragraph (4), by striking ``paragraph'' and
inserting ``subsection''.
(9) Section 3018C(e)(2)(B) is amended by striking the comma after
``April''.
(10) Section 3031(a)(3) is amended by striking ``the date of the
enactment of this paragraph'' and inserting ``December 27, 2001''.
(11) Section 3485(a)(4) is amended in subparagraphs (A), (C), and
(F), by striking ``the five-year period beginning on the date of the
enactment of the Veterans Education and Benefits Expansion Act of 2001''
and inserting ``the period preceding December 27, 2006''.
(12) Section 3734(b)(2) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C), (D), (E), and (F) as
subparagraphs (B), (C), (D), and (E), respectively.
(13) Section 7315(a) is amended by inserting ``Veterans Health'' in
the first sentence after ``in the''.
(h) Public Law 107-103.--Effective <<NOTE: Effective date.>> as of
December 27, 2001, and as if included therein as originally enacted,
section 103(c) of the Veterans Education and Benefits Expansion Act of
2001 (Public Law 107-103; 115 Stat. 979) <<NOTE: 38 USC 3103.>> is
amended by inserting closing quotation marks at the end of the text
inserted by the amendment made by paragraph (2).
(i) Public Law 102-86.--Section 403(e) of the Veterans' Benefits
Programs Improvement Act of 1991 (Public Law 102-86; 105 Stat.
424) <<NOTE: 38 USC 2400 note.>> is amended by striking ``section 321''
and all that follows through ``and 484)'' and inserting ``subchapter II
of chapter 5 of title 40, United States Code, sections 541 through 555
and 1302 of title 40, United States Code''.
SEC. 309. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN
PUBLIC LAW 107-247.
(a) Veterans' Disability Compensation.--Section 1114 is amended--
(1) by striking ``$103'' in subsection (a) and inserting
``$104'';
(2) by striking ``$199'' in subsection (b) and inserting
``$201'';
(3) by striking ``$306'' in subsection (c) and inserting
``$310'';
(4) by striking ``$439'' in subsection (d) and inserting
``$445'';
(5) by striking ``$625'' in subsection (e) and inserting
``$633'';
(6) by striking ``$790'' in subsection (f) and inserting
``$801'';
(7) by striking ``$995'' in subsection (g) and inserting
``$1,008'';
(8) by striking ``$1,155'' in subsection (h) and inserting
``$1,171'';
[[Page 116 STAT. 2830]]
(9) by striking ``$1,299'' in subsection (i) and inserting
``$1,317'';
(10) by striking ``$2,163'' in subsection (j) and inserting
``$2,193'';
(11) in subsection (k)--
(A) by striking ``$80'' both places it appears and
inserting ``$81''; and
(B) by striking ``$2,691'' and ``$3,775'' and
inserting ``$2,728'' and ``$3,827'', respectively;
(12) by striking ``$2,691'' in subsection (l) and inserting
``$2,728'';
(13) by striking ``$2,969'' in subsection (m) and inserting
``$3,010'';
(14) by striking ``$3,378'' in subsection (n) and inserting
``$3,425'';
(15) by striking ``$3,775'' each place it appears in
subsections (o) and (p) and inserting ``$3,827'';
(16) by striking ``$1,621'' and ``$2,413'' in subsection (r)
and inserting ``$1,643'' and ``$2,446'', respectively; and
(17) by striking ``$2,422'' in subsection (s) and inserting
``$2,455''.
(b) Additional Compensation for Dependents.--Section 1115(1) is
amended--
(1) by striking ``$124'' in subparagraph (A) and inserting
``$125'';
(2) by striking ``$213'' in subparagraph (B) and inserting
``$215'';
(3) by striking ``$84'' in subparagraph (C) and inserting
``$85'';
(4) by striking ``$100'' in subparagraph (D) and inserting
``$101'';
(5) by striking ``$234'' in subparagraph (E) and inserting
``$237''; and
(6) by striking ``$196'' in subparagraph (F) and inserting
``$198''.
(c) Clothing Allowance for Certain Disabled Veterans.--Section 1162
is amended by striking ``$580'' and inserting ``$588''.
(d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) is amended--
(A) by striking ``$935'' in paragraph (1) and inserting
``$948''; and
(B) by striking ``$202'' in paragraph (2) and inserting
``$204''.
[[Page 116 STAT. 2831]]
(2) The table in section 1311(a)(3) is amended to read as follows:
Monthly Monthly
``Pay grade rate Pay grade rate
E-1........................ $948 W-4.......... $1,134
E-2........................ 948 O-1.......... 1,001
E-3........................ 948 O-2.......... 1,035
E-4........................ 948 O-3.......... 1,107
E-5........................ 948 O-4.......... 1,171
E-6........................ 948 O-5.......... 1,289
E-7........................ 980 O-6.......... 1,453
E-8........................ 1,035 O-7.......... 1,570
E-9........................ \1\1,080 O-8.......... 1,722
W-1........................ 1,001 O-9.......... 1,843
W-2........................ 1,042 O-10......... \2\ 2,021
W-3........................ 1,072
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $1,165.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $2,168.''.
(3) Section 1311(b) is amended by striking ``$234'' and inserting
``$237''.
(4) Section 1311(c) is amended by striking ``$234'' and inserting
``$237''.
(5) Section 1311(d) is amended by striking ``$112'' and inserting
``$113''.
(e) Dependency and Indemnity Compensation for Children.--(1) Section
1313(a) is amended--
(A) by striking ``$397'' in paragraph (1) and inserting
``$402'';
(B) by striking ``$571'' in paragraph (2) and inserting
``$578'';
(C) by striking ``$742'' in paragraph (3) and inserting
``$752''; and
(D) by striking ``$742'' and ``$143'' in paragraph (4) and
inserting ``$752'' and ``$145'', respectively.
(2) Section 1314 is amended--
(A) by striking ``$234'' in subsection (a) and inserting
``$237'';
(B) by striking ``$397'' in subsection (b) and inserting
``$402''; and
(C) by striking ``$199'' in subsection (c) and inserting
``$201''.
[[Page 116 STAT. 2832]]
TITLE IV--JUDICIAL MATTERS
SEC. 401. STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VETERANS
CLAIMS OF ERRONEOUS FINDING OF FACT BY
BOARD OF VETERANS' APPEALS.
(a) Standard for Reversal.--Paragraph (4) of subsection (a) of
section 7261 <<NOTE: 38 USC 7261.>> is amended--
(1) by inserting ``adverse to the claimant'' after
``material fact''; and
(2) by inserting ``or reverse'' after ``and set aside''.
(b) Requirements for Review.--Subsection (b) of that section is
amended to read as follows:
``(b) In making the determinations under subsection (a), the Court
shall review the record of proceedings before the Secretary and the
Board of Veterans' Appeals pursuant to section 7252(b) of this title and
shall--
``(1) take due account of the Secretary's application of
section 5107(b) of this title; and
``(2) take due account of the rule of prejudicial error.''.
(c) <<NOTE: Effective date. 38 USC 7261 note.>> Applicability.--(1)
Except as provided in paragraph (2), the amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) The amendments made by this section shall apply with respect to
any case pending for decision before the United States Court of Appeals
for Veterans Claims other than a case in which a decision has been
entered before the date of the enactment of this Act.
SEC. 402. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF
DECISIONS OF LAW OF COURT OF APPEALS FOR
VETERANS CLAIMS.
(a) Review.--Section 7292(a) is amended by inserting ``a decision of
the Court on a rule of law or of'' in the first sentence after ``the
validity of''.
(b) <<NOTE: 38 USC 7292 note.>> Applicability.--The amendment made
by subsection (a) shall apply with respect to any appeal--
(1) filed with the United States Court of Appeals for the
Federal Circuit on or after the date of the enactment of this
Act; or
(2) pending with the United States Court of Appeals for the
Federal Circuit as of the date of the enactment of this Act in
which a decision has not been rendered as of that date.
[[Page 116 STAT. 2833]]
SEC. 403. AUTHORITY <<NOTE: 28 USC 2412 note.>> OF COURT OF
APPEALS FOR VETERANS CLAIMS TO AWARD FEES
UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-
ATTORNEY PRACTITIONERS.
The authority of the United States Court of Appeals for Veterans
Claims to award reasonable fees and expenses of attorneys under section
2412(d) of title 28, United States Code, shall include authority to
award fees and expenses, in an amount determined appropriate by the
United States Court of Appeals for Veterans Claims, of individuals
admitted to practice before the Court as non-attorney practitioners
under subsection (b) or (c) of Rule 46 of the Rules of Practice and
Procedure of the United States Court of Appeals for Veterans Claims.
Approved December 6, 2002.
LEGISLATIVE HISTORY--S. 2237:
---------------------------------------------------------------------------
SENATE REPORTS: No. 107-234 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 26, considered and passed Senate.
Nov. 14, considered and passed House, amended.
Nov. 15, Senate concurred in House amendments.
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