[108th Congress Public Law 454]
[From the U.S. Government Printing Office]
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[DOCID: f:publ454.108]
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VETERANS BENEFITS IMPROVEMENT ACT OF 2004
[[Page 118 STAT. 3598]]
Public Law 108-454
108th Congress
An Act
To amend title 38, United States Code, to improve and extend housing,
education, and other benefits under the laws administered by the
Secretary of Veterans Affairs, and for other purposes. <<NOTE: Dec. 10,
2004 - [S. 2486]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans
Benefits Improvement Act of 2004.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Veterans Benefits Improvement Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I--VETERANS EARN AND LEARN ACT
Sec. 101. Short title.
Sec. 102. Modification of benefit entitlement charges for certain on-job
training programs.
Sec. 103. Increase in benefit for individuals pursuing apprenticeship or
on-job training.
Sec. 104. Authority for competency-based apprenticeship programs.
Sec. 105. Ten-year extension of delimiting period for survivors' and
dependents' educational assistance for spouses of members who
die on active duty.
Sec. 106. Availability of education benefits for payment for national
admissions exams and national exams for credit at
institutions of higher education.
Sec. 107. Requirement for coordination of data among the Departments of
Veterans Affairs, Defense, and Labor with respect to on-job
training.
Sec. 108. Pilot program to provide on-job benefits to train Department
of Veterans Affairs' claims adjudicators.
Sec. 109. Collection of payment for educational assistance under
Montgomery GI Bill from members of the Selected Reserve
called to active duty.
Sec. 110. Technical and conforming amendments.
TITLE II--EMPLOYMENT MATTERS
Subtitle A--Employment and Reemployment Rights
Sec. 201. Two-year period of continuation of employer-sponsored health
care coverage.
Sec. 202. Reinstatement of reporting requirements.
Sec. 203. Requirement for employers to provide notice of rights and
duties under USERRA.
Sec. 204. Demonstration project for referral of USERRA claims against
Federal agencies to the Office of Special Counsel.
Subtitle B--Other Matters
Sec. 211. Report of employment placement, retention, and advancement of
recently separated servicemembers.
TITLE III--BENEFITS MATTERS
Sec. 301. Additional dependency and indemnity compensation for surviving
spouses with dependent children.
[[Page 118 STAT. 3599]]
Sec. 302. Offset of veterans' disability compensation and dependency and
indemnity compensation from awards under radiation exposure
compensation program.
Sec. 303. Exclusion of life insurance proceeds from consideration as
income for veterans' pension purposes.
Sec. 304. Certain service-connected disability benefits authorized for
persons disabled by treatment or vocational rehabilitation
provided by the Department of Veterans Affairs.
Sec. 305. Effective date of death pension.
Sec. 306. Codification of administrative actions relating to
presumptions of service connection for veterans exposed to
ionizing radiation.
Sec. 307. Codification of cost-of-living adjustment provided in Public
Law
108-47.
Sec. 308. Cross-reference amendments relating to concurrent payment of
retired pay and veterans' disability compensation.
TITLE IV--HOUSING MATTERS
Sec. 401. Authority to provide specially adapted housing to certain
disabled veterans.
Sec. 402. Transitional housing amendments.
Sec. 403. Increase in maximum amount of home loan guaranty for
construction and purchase of homes and annual indexing of
amount.
Sec. 404. Extension of authority for guarantee of adjustable rate
mortgages.
Sec. 405. Extension and improvement of authority for guarantee of hybrid
adjustable rate mortgages.
Sec. 406. Termination of collection of loan fees from veterans rated
eligible for compensation at pre-discharge rating
examinations.
Sec. 407. Three-year extension of Native American veteran housing loan
pilot program.
TITLE V--MATTERS RELATING TO FIDUCIARIES
Sec. 501. Definition of fiduciary.
Sec. 502. Inquiry, investigations, and qualification of fiduciaries.
Sec. 503. Misuse of benefits by fiduciaries.
Sec. 504. Additional protections for beneficiaries with fiduciaries.
Sec. 505. Annual report.
Sec. 506. Annual adjustment in benefits thresholds.
Sec. 507. Effective dates.
TITLE VI--MEMORIAL AFFAIRS MATTERS
Sec. 601. Designation of Prisoner of War/Missing in Action National
Memorial, Riverside National Cemetery, Riverside, California.
Sec. 602. Lease of certain National Cemetery Administration property.
Sec. 603. Exchanges of real property for national cemeteries.
TITLE VII--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 701. Clarification of meaning of ``judgment'' as used in the Act.
Sec. 702. Requirements relating to waiver of rights under the Act.
Sec. 703. Right of servicemember plaintiffs to request stay of civil
proceedings.
Sec. 704. Termination of leases.
TITLE VIII--OTHER MATTERS
Sec. 801. Principal office of United States Court of Appeals for
Veterans Claims.
Sec. 802. Technical amendments relating to the United States Court of
Appeals for Veterans Claims.
Sec. 803. Extension of biennial report of Advisory Committee on Former
Prisoners of War.
Sec. 804. Availability of administrative and judicial redress for
certain veterans denied opportunity to compete for Federal
employment.
Sec. 805. Report on servicemembers' and veterans' awareness of benefits
and services available under laws administered by Secretary
of Veterans Affairs.
SEC. 2. REFERENCE 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.
[[Page 118 STAT. 3600]]
TITLE <<NOTE: Veterans Earn and Learn Act of 2004.>> I--VETERANS EARN
AND LEARN ACT
SEC. 101. SHORT TITLE. <<NOTE: 38 USC 101 note.>>
This title may be cited as the ``Veterans Earn and Learn Act of
2004''.
SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN
ON-JOB TRAINING PROGRAMS.
(a) In General.--Section 3687 is amended by adding at the end the
following new subsection:
``(e)(1) For each month that an individual (as defined in paragraph
(3)) is paid a training assistance allowance under subsection (a), the
entitlement of the individual shall be charged at a percentage rate
(rounded to the nearest percent) that is equal to the ratio of--
``(A) the training assistance allowance for the month
involved, to
``(B) the monthly educational assistance allowance otherwise
payable for full-time enrollment in an educational
institution.''.
``(2) For any month in which an individual fails to complete 120
hours of training, the entitlement otherwise chargeable under paragraph
(1) shall be reduced in the same proportion as the monthly training
assistance allowance payable is reduced under subsection (b)(3).
``(3) In this section, the term `individual' means--
``(A) an eligible veteran who is entitled to monthly
educational assistance allowances payable under section 3015(e)
of this title, or
``(B) an eligible person who is entitled to monthly
educational assistance allowances payable under section 3532(a)
of this title,
as the case may be.''.
(b) <<NOTE: 38 USC 3687 note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to months beginning after
September 30, 2005.
SEC. 103. INCREASE <<NOTE: Effective dates.>> IN BENEFIT FOR
INDIVIDUALS PURSUING APPRENTICESHIP OR ON-
JOB TRAINING.
(a) <<NOTE: 38 USC 3032 note.>> Montgomery GI Bill.--For months
beginning on or after October 1, 2005, and before January 1, 2008,
subsection (c)(1) of section 3032 of title 38, United States Code, shall
be applied as if--
(1) the reference to ``75 percent'' in subparagraph (A) were
a reference to ``85 percent'';
(2) the reference to ``55 percent'' in subparagraph (B) were
a reference to ``65 percent''; and
(3) the reference to ``35 percent'' in subparagraph (C) were
a reference to ``45 percent''.
(b) <<NOTE: 38 USC 3233 note.>> Post-Vietnam Era Veterans'
Educational Assistance.--For months beginning on or after October 1,
2005, and before January 1, 2008, subsection (a) of section 3233 of
title 38, United States Code, shall be applied as if--
(1) the reference to ``75 percent'' in paragraph (1) were a
reference to ``85 percent'';
[[Page 118 STAT. 3601]]
(2) the reference to ``55 percent'' in paragraph (2) were a
reference to ``65 percent''; and
(3) the reference to ``35 percent'' in paragraph (3) were a
reference to ``45 percent''.
(c) <<NOTE: 38 USC 3687 note.>> Survivors and Dependents Educational
Assistance.--(1) For months beginning on or after October 1, 2005, and
before January 1, 2008, subsection (b)(2) of section 3687 of title 38,
United States Code, shall be applied as if--
(A) the reference to ``$574 for the first six months'' were
a reference to ``$650 for the first six months'';
(B) the reference to ``$429 for the second six months'' were
a reference to ``$507 for the second six months''; and
(C) the reference to ``$285 for the third six months'' were
a reference to ``$366 for the third six months''.
(2) Subsection (d) of such section 3687 shall not apply with respect
to the provisions of paragraph (1) for months occurring during fiscal
year 2006.
(3) For months beginning on or after January 1, 2008, the Secretary
shall carry out subsection (b)(2) of such section 3687 as if paragraphs
(1) and (2) were not enacted into law.
(d) <<NOTE: 38 USC 16131 note.>> Selected Reserve Montgomery GI
Bill.--For months beginning on or after October 1, 2005, and before
January 1, 2008, subsection (d)(1) of section 16131 of title 10, United
States Code, shall be applied as if--
(1) the reference to ``75 percent'' in subparagraph (A) were
a reference to ``85 percent'';
(2) the reference to ``55 percent'' in subparagraph (B) were
a reference to ``65 percent''; and
(3) the reference to ``35 percent'' in subparagraph (C) were
a reference to ``45 percent''.
SEC. 104. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP PROGRAMS.
(a) In General.--Section 3672(c) is amended--
(1) by striking ``(1)'' and ``(2)'' and inserting ``(A)''
and ``(B)'', respectively;
(2) by inserting ``(1)'' after ``(c)''; and
(3) by adding at the end the following new paragraphs:
``(2) The period of a program of apprenticeship may be determined
based upon a specific period of time (commonly referred to as a `time-
based program'), based upon the demonstration of successful mastery of
skills (commonly referred to as a `competency-based program'), or based
upon a combination thereof.
``(3)(A) In the case of a competency-based program of
apprenticeship, State approving agencies shall determine the period for
which payment may be made for such a program under chapters 30 and 35 of
this title and chapter 1606 of title 10. In determining the period of
such a program, State approving agencies shall take into consideration
the approximate term of the program recommended in registered
apprenticeship program standards recognized by the Secretary of Labor.
``(B) The sponsor of a competency-based program of apprenticeship
shall provide notice to the State approving agency involved of any such
standards that may apply to the program and the proposed approximate
period of training under the program.
``(4) <<NOTE: Notification.>> The sponsor of a competency-based
program of apprenticeship shall notify the Secretary upon the successful
completion of
[[Page 118 STAT. 3602]]
a program of apprenticeship by an individual under chapter 30 or 35 of
this title, or chapter 1606 of title 10, as the case may be.''.
(b) Increased Use of Apprenticeships.--Section 3672(d)(1) is amended
by adding at the end the following new sentence: ``The Secretary of
Labor shall provide assistance and services to the Secretary, and to
State approving agencies, to increase the use of apprenticeships.''.
(c) Funding for Department Computer System Modifications.--From
amounts appropriated to the Department of Veterans Affairs for fiscal
year 2005 for readjustment benefits, the Secretary of Veterans Affairs
shall use an amount not to exceed $3,000,000 to modify computer systems
and to develop procedures required to carry out the amendments made by
subsection (a) and sections 102 and 103.
SEC. 105. TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR SURVIVORS'
AND DEPENDENTS' EDUCATIONAL ASSISTANCE FOR
SPOUSES OF MEMBERS WHO DIE ON ACTIVE DUTY.
Section 3512(b)(1) is amended--
(1) in subparagraph (A), by striking ``in subparagraph (B)''
and inserting ``in subparagraph (B) or (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Notwithstanding subparagraph (A), an eligible person referred
to in that subparagraph who is made eligible under section 3501(a)(1)(B)
of this title by reason of the death of a person on active duty may be
afforded educational assistance under this chapter during the 20-year
period beginning on the date (as determined by the Secretary) such
person becomes an eligible person within the meaning of such section.''.
SEC. 106. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR
NATIONAL ADMISSIONS EXAMS AND NATIONAL
EXAMS FOR CREDIT AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Covered Exams.--Sections 3452(b) and 3501(a)(5) are each amended
by adding at the end the following new sentence: ``Such term also
includes national tests for admission to institutions of higher learning
or graduate schools (such as the Scholastic Aptitude Test (SAT), Law
School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate
Management Admission Test (GMAT)) and national tests providing an
opportunity for course credit at institutions of higher learning (such
as the Advanced Placement (AP) exam and College-Level Examination
Program (CLEP)).''.
(b) Amount of Payment.--
(1) Chapter 30.--Section 3032 is amended by adding at the
end the following new subsection:
``(g)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admission
or national test providing an opportunity for course credit at
institutions of higher learning described in section 3452(b) of this
title is the amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the case of any
individual for a test described in paragraph (1) is equal to the number
(including any fraction) determined by dividing the total amount of
educational assistance paid such individual for such test by the full-
time monthly institutional rate of educational
[[Page 118 STAT. 3603]]
assistance, except for paragraph (1), such individual would otherwise be
paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of
this title, as the case may be.
``(3) In no event shall payment of educational assistance under this
subsection for a test described in paragraph (1) exceed the amount of
the individual's available entitlement under this chapter.''.
(2) Chapter 32.--Section 3232 is amended by adding at the
end the following new subsection:
``(d)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admission
or national test providing an opportunity for course credit at
institutions of higher learning described in section 3452(b) of this
title is the amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the case of any
individual for a test described in paragraph (1) is equal to the number
(including any fraction) determined by dividing the total amount of
educational assistance paid such individual for such test by the full-
time monthly institutional rate of educational assistance, except for
paragraph (1), such individual would otherwise be paid under this
chapter.
``(3) In no event shall payment of educational assistance under this
subsection for a test described in paragraph (1) exceed the amount of
the individual's available entitlement under this chapter.''.
(3) Chapter 35.--Section 3532 is amended by adding at the
end the following new subsection:
``(g)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admission
or national test providing an opportunity for course credit at
institutions of higher learning described in section 3501(a)(5) of this
title is the amount of the fee charged for the test.
``(2) The number of months of entitlement charged in the case of any
individual for a test described in paragraph (1) is equal to the number
(including any fraction) determined by dividing the total amount of
educational assistance paid such individual for such test by the full-
time monthly institutional rate of educational assistance, except for
paragraph (1), such individual would otherwise be paid under this
chapter.
``(3) In no event shall payment of educational assistance under this
subsection for a test described in paragraph (1) exceed the amount of
the individual's available entitlement under this chapter.''.
SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE
DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE,
AND LABOR WITH RESPECT TO ON-JOB TRAINING.
Section 3694 is amended--
(1) by striking ``In carrying out'' and inserting ``(a) In
General.--In carrying out''; and
(2) by adding at the end the following new subsection:
``(b) Coordination of Information Among the Departments of Veterans
Affairs, Defense, and Labor With Respect to On-Job Training.--At the
time of a servicemember's discharge or release from active duty service,
the Secretary of Defense shall furnish to the Secretary such pertinent
information concerning each registered apprenticeship pursued by the
servicemember during
[[Page 118 STAT. 3604]]
the period of active duty service of the servicemember. The Secretary,
in conjunction with the Secretary of Labor, shall encourage and assist
States and private organizations to give credit to servicemembers for
the registered apprenticeship program so pursued in the case of any
related apprenticeship program the servicemember may pursue as a
civilian.''.
SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN
DEPARTMENT OF VETERANS AFFAIRS' CLAIMS
ADJUDICATORS.
Section 3677 is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary may conduct a pilot program under which the
Secretary operates a program of training on the job under this section
for a period (notwithstanding subsection (c)(2)) of up to three years in
duration to train employees of the Department to become qualified
adjudicators of claims for compensation, dependency and indemnity
compensation, and pension.
``(2)(A) <<NOTE: Deadlines. Reports.>> Not later than three years
after the implementation of the pilot project, the Secretary shall
submit to Congress an initial report on the pilot project. The report
shall include an assessment of the usefulness of the program in
recruiting and retaining of personnel of the Department as well as an
assessment of the value of the program as a training program.
``(B) Not later than 18 months after the date on which the initial
report under subparagraph (A) is submitted, the Secretary shall submit
to Congress a final report on the pilot project. The final report shall
include recommendations of the Secretary with respect to continuation of
the pilot project and with respect to expansion of the types of claims
for which the extended period of on the job training is available to
train such employees.''.
SEC. 109. COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL FROM MEMBERS OF THE
SELECTED RESERVE CALLED TO ACTIVE DUTY.
(a) Active Duty Program.--Section 3011(b) is amended--
(1) by striking ``The basic pay'' and inserting ``(1) Except
as provided in paragraph (2), the basic pay'';
(2) by designating the second sentence as paragraph (3) and
in that paragraph by striking ``this chapter'' and inserting
``this subsection''; and
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) In the case of an individual covered by paragraph (1) who is a
member of the Selected Reserve, the Secretary of Defense shall collect
from the individual an amount equal to $1,200 not later than one year
after completion by the individual of the two years of service on active
duty providing the basis for such entitlement. The Secretary of Defense
may collect such amount through reductions in basic pay in accordance
with paragraph (1) or through such other method as the Secretary of
Defense considers appropriate.''.
(b) Selected Reserve Program.--Section 3012(c) is amended--
(1) by striking ``The basic pay'' and inserting ``(1) Except
as provided in paragraph (2), the basic pay'';
[[Page 118 STAT. 3605]]
(2) by designating the second sentence as paragraph (3) and
in that paragraph by striking ``this chapter'' and inserting
``this subsection''; and
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) <<NOTE: Deadline.>> In the case of an individual covered by
paragraph (1) who is a member of the Selected Reserve, the Secretary of
Defense shall collect from the individual an amount equal to $1,200 not
later than one year after completion by the individual of the two years
of service on active duty providing the basis for such entitlement. The
Secretary of Defense may collect such amount through reductions in basic
pay in accordance with paragraph (1) or through such other method as the
Secretary of Defense considers appropriate.''.
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definition of Training Establishment.--Section 3452(e), as
amended by section 301 of the Veterans Benefits Act of 2003 (Public Law
108-183; 117 Stat. 2658), is amended in paragraph (5) to read as
follows:
``(5) The sponsor of a program of apprenticeship.''.
(b) Clarification of Applicable Apprenticeship Standards.--(1)
Section 3672(c), as amended by section 105(a), is amended in
subparagraph (A) by inserting ``apprenticeship'' before ``standards''.
(2) Section 3672(d)(1) is amended by striking ``of programs of
training on the job (including programs of apprenticeship)'' and
inserting ``of apprenticeship and on the job training programs''.
(c) Record-Keeping Requirements for Qualified Providers of
Entrepreneurship Courses.--(1) Section 3675(c) is amended by adding at
the end the following new paragraph:
``(4) Notwithstanding paragraph (3), a qualified provider of
entrepreneurship courses shall maintain such records as the Secretary
determines to be necessary to comply with reporting requirements that
apply under section 3684(a)(1) of this title with respect to eligible
persons and veterans enrolled in an entrepreneurship course offered by
the provider.''.
(2) <<NOTE: Effective date. 38 USC 3675 note.>> The amendment made
by paragraph (1) shall take effect as if included in the enactment of
section 305(a) of the Veterans Benefits Act of 2003 (Public Law 108-183;
117 Stat. 2660).
(d) Authority To Pay Reporting Fee.--Section 3684(c) is amended by
striking ``or to any joint apprenticeship training committee acting as a
training establishment'' and inserting ``or to the sponsor of a program
of apprenticeship''.
TITLE II--EMPLOYMENT MATTERS
Subtitle A--Employment and Reemployment Rights
SEC. 201. TWO-YEAR PERIOD OF CONTINUATION OF EMPLOYER-SPONSORED
HEALTH CARE COVERAGE.
(a) Improvement in Period of Coverage.--Subsection (a)(1)(A) of
section 4317 is amended by striking ``18-month period'' and inserting
``24-month period''.
[[Page 118 STAT. 3606]]
(b) <<NOTE: 38 USC 4317 note.>> Effective Date.--The amendment made
by subsection (a) shall apply to elections made under section 4317 of
title 38, United States Code, on or after the date of the enactment of
this Act.
SEC. 202. REINSTATEMENT OF REPORTING REQUIREMENTS.
Section 4332 is amended in the matter preceding paragraph (1) by
striking ``no later than February 1, 1996, and annually thereafter
through 2000'' and inserting ``no later than February 1, 2005, and
annually thereafter''.
SEC. 203. REQUIREMENT FOR EMPLOYERS TO PROVIDE NOTICE OF RIGHTS
AND DUTIES UNDER USERRA.
(a) Notice.--Chapter 43 is amended by adding at the end the
following new section:
``Sec. 4334. Notice of rights and duties
``(a) Requirement To Provide Notice.--Each employer shall provide to
persons entitled to rights and benefits under this chapter a notice of
the rights, benefits, and obligations of such persons and such employers
under this chapter. The requirement for the provision of notice under
this section may be met by the posting of the notice where employers
customarily place notices for employees.
``(b) Content of Notice.--The Secretary shall provide to employers
the text of the notice to be provided under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4334. Notice of rights and duties.''.
(c) <<NOTE: Deadline. 38 USC 4334 note.>> Implementation.--(1) Not
later than the date that is 90 days after the date of the enactment of
this Act, the Secretary of Labor shall make available to employers the
notice required under section 4334 of title 38, United States Code, as
added by subsection (a).
(2) The amendments made by this section shall apply to employers
under chapter 43 of title 38, United States Code, on and after the first
date referred to in paragraph (1).
SEC. 204. DEMONSTRATION <<NOTE: Effective date. 38 USC 4301
note.>> PROJECT FOR REFERRAL OF USERRA
CLAIMS AGAINST FEDERAL AGENCIES TO THE
OFFICE OF SPECIAL COUNSEL.
(a) Establishment of Project.--The Secretary of Labor and the Office
of Special Counsel shall carry out a demonstration project under which
certain claims against Federal executive agencies under the Uniformed
Services Employment and Reemployment Rights Act under chapter 43 of
title 38, United States Code, are referred to, or otherwise received by,
the Office of Special Counsel for assistance, including investigation
and resolution of the claim as well as enforcement of rights with
respect to the claim.
(b) Referral of All Prohibited Personnel Action Claims to the Office
of Special Counsel.--(1) Under the demonstration project, the Office of
Special Counsel shall receive and investigate all claims under the
Uniformed Services Employment and Reemployment Rights Act with respect
to Federal executive agencies in cases where the Office of Special
Counsel has jurisdiction over related claims pursuant to section 1212 of
title 5, United States Code.
[[Page 118 STAT. 3607]]
(2) For purposes of paragraph (1), a related claim is a claim
involving the same Federal executive agency and the same or similar
factual allegations or legal issues as those being pursued under a claim
under the Uniformed Services Employment and Reemployment Rights Act.
(c) Referral of Other Claims Against Federal Executive Agencies.--
(1) Under the demonstration project, the Secretary--
(A) shall refer to the Office of Special Counsel all claims
described in paragraph (2) made during the period of the
demonstration project; and
(B) may refer any claim described in paragraph (2) filed
before the demonstration project that is pending before the
Secretary at the beginning of the demonstration project.
(2) A claim referred to in paragraph (1) is a claim under chapter 43
of title 38, United States Code, against a Federal executive agency by a
claimant with a social security account number with an odd number as its
terminal digit, or, in the case of a claim that does not contain a
social security account number, a case number assigned to the claim with
an odd number as its terminal digit.
(d) Administration of Demonstration Project.--(1) The Office of
Special Counsel shall administer the demonstration project. The
Secretary shall cooperate with the Office of Special Counsel in carrying
out the demonstration project.
(2) In the case of any claim referred, or otherwise received by, to
the Office of Special Counsel under the demonstration project, any
reference to the ``Secretary'' in sections 4321, 4322, and 4326 of title
38, United States Code, is deemed a reference to the ``Office of Special
Counsel''.
(3) In the case of any claim referred to, or otherwise received by,
the Office of Special Counsel under the demonstration project, the
Office of Special Counsel shall retain administrative jurisdiction over
the claim.
(e) Period of Project.--The demonstration project shall be carried
out during the period beginning on the date that is 60 days after the
date of the enactment of this Act, and ending on September 30, 2007.
(f) Evaluations and Report.--(1) The Comptroller General of the
United States shall conduct periodic evaluations of the demonstration
project under this section.
(2) Not later than April 1, 2007, the Comptroller General shall
submit to Congress a report on the evaluations conducted under paragraph
(1). The report shall include the following information and
recommendations:
(A) A description of the operation and results of the
demonstration program, including--
(i) the number of claims described in subsection (c)
referred to, or otherwise received by, the Office of
Special Counsel, and the number of such claims referred
to the Secretary of Labor; and
(ii) for each Federal executive agency, the number
of claims resolved, the type of corrective action
obtained, the period of time for final resolution of the
claim, and the results obtained.
(B) An assessment of whether referral to the office of
special counsel of claims under the demonstration project--
[[Page 118 STAT. 3608]]
(i) improved services to servicemembers and
veterans; or
(ii) significantly reduced or eliminated duplication
of effort and unintended delays in resolving meritorious
claims of those servicemembers and veterans.
(C) An assessment of the feasibility and advisability of
referring all claims under chapter 43 of title 38, United States
Code, against Federal executive agencies to the Office of
Special Counsel for investigation and resolution.
(D) Such other recommendations for administrative action or
legislation as the Comptroller General determines appropriate.
(g) Definitions.--In this section:
(1) The term ``Office of Special Counsel'' means the Office
of Special Counsel established by section 1211 of title 5,
United States Code.
(2) The term ``Secretary'' means the Secretary of Labor.
(3) The term ``Federal executive agency'' has the meaning
given that term in section 4303(5) of title 38, United States
Code.
Subtitle B--Other Matters
SEC. 211. REPORT OF EMPLOYMENT PLACEMENT, RETENTION, AND
ADVANCEMENT OF RECENTLY SEPARATED
SERVICEMEMBERS.
(a) Contract for Report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall enter
into a contract with a qualified entity to conduct a study of and
prepare a report on the employment histories of recently separated
servicemembers.
(b) Content of Report.--(1) The study conducted pursuant to
subsection (a) shall consist of an analysis of employment-related data
that have been collected with respect to recently separated
servicemembers.
(2) In conducting the study, the qualified entity shall--
(A) determine whether the employment obtained by recently
separated servicemembers is commensurate with training and
education of those servicemembers;
(B) determine whether recently separated servicemembers
received educational assistance or training and rehabilitation
under programs administered by the Secretary of Veterans Affairs
under chapter 30 or 31 of title 38, United States Code, or under
chapter 1606 of title 10, United States Code;
(C) determine whether transition assistance services
provided to recently separated servicemembers assisted those
servicemembers in obtaining civilian employment;
(D) analyze trends in hiring of veterans by the private
sector; and
(E) identify recently separated servicemembers who have
reached senior level management positions.
(c) Use of Data.--In conducting the study under subsection (a), the
qualified entity shall review data compiled and reported by the Bureau
of Labor Statistics and shall collect additional data on the employment
histories of recently separated servicemembers
[[Page 118 STAT. 3609]]
available from such other sources as the qualified entity determines to
be appropriate.
(d) Contract Requirements.--(1) The contract entered into under
subsection (a) shall contain such terms and conditions as the Secretary
may require. <<NOTE: Deadline.>> The contract shall require that the
report on the study be submitted to the Secretary not later than 2 years
after the date on which the contract was entered into.
(2) The report required under subsection (a) shall contain the
findings and conclusions of the qualified entity on the study and
specific recommendations to improve employment opportunities for
veterans recently separated from service in the Armed Forces, including,
if appropriate, recommendations for--
(A) the establishment of networks of contacts for employment
of such veterans in the private sector;
(B) outreach to private sector leaders on the merits and
sound business practice of hiring such veterans; and
(C) additional methods to facilitate communication between
private sector employers and such veterans who are seeking
employment.
(e) Funding.--Payment by the Secretary for the contract entered into
under subsection (a)--
(1) shall be made from the Department of Veterans Affairs
appropriations account from which payments for readjustment
benefits are made; and
(2) may not exceed $490,000.
(f) Definitions.--In this section:
(1) The term ``qualified entity'' means an entity or
organization that meets the following requirements:
(A) Demonstrated experience in conducting employment
surveys of recently separated servicemembers, including
Internet-based surveys, that meet such quality assurance
requirements as the Secretary determines appropriate.
(B) Demonstrated familiarity with veteran employment
matters.
(C) Demonstrated ability in developing plans to
market veterans as employment assets.
(D) Demonstrated ability to acquire services at no
cost from other organizations, such as technology, staff
services, and advertising services.
(E) Demonstrated ability to develop relationships,
establish employment networks, and facilitate
interaction between private and public sector leaders
and veterans.
(2) The term ``employment history'' means, with respect to a
recently separated servicemember, training, placement,
retention, and advancement in employment of that servicemember.
(3) The term ``recently separated servicemember'' means any
veteran (as defined in section 101(2) of title 38, United States
Code) discharged or released from active duty in the Armed
Forces of the United States during the 16-year period beginning
on January 1, 1990.
[[Page 118 STAT. 3610]]
TITLE III--BENEFITS MATTERS
SEC. 301. ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION FOR
SURVIVING SPOUSES WITH DEPENDENT CHILDREN.
(a) Additional Dependency and Indemnity Compensation.--Section 1311
is amended by adding at the end the following new subsection:
``(e)(1) Subject to paragraphs (2) and (3), if there is a surviving
spouse with one or more children below the age of 18, the dependency and
indemnity compensation paid monthly to the surviving spouse shall be
increased by $250, regardless of the number of such children.
``(2) Dependency and indemnity compensation shall be increased under
this subsection only for months occurring during the two-year period
beginning on the date on which entitlement to dependency and indemnity
compensation commenced.
``(3) The increase in dependency and indemnity compensation of a
surviving spouse under this subsection shall cease beginning with the
first month commencing after the month in which all children of the
surviving spouse have attained the age of 18.
``(4) Dependency and indemnity compensation under this subsection is
in addition to any other dependency and indemnity compensation payable
under this chapter.''.
(b) <<NOTE: 38 USC 1311 note.>> Effective Date.--Subsection (e) of
section 1311 of title 38, United States Code, as added by subsection
(a), shall take effect with respect to payments for the first month
beginning after the date of the enactment of this Act.
SEC. 302. OFFSET OF VETERANS' DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION FROM
AWARDS UNDER RADIATION EXPOSURE
COMPENSATION PROGRAM.
(a) Offset in Lieu of Forfeiture From Disability Compensation.--
Subsection (c) of section 1112 is amended by adding at the end the
following new paragraph:
``(4) A radiation-exposed veteran who receives a payment under the
provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C.
2210 note) shall not be deprived, by reason of the receipt of that
payment, of receipt of compensation to which that veteran is entitled by
reason of paragraph (1), but there shall be deducted from payment of
such compensation the amount of the payment under that Act.''.
(b) Offset in Lieu of Forfeiture From Dependency and Indemnity
Compensation.--Section 1310 is amended by adding at the end the
following new paragraph:
``(c) A person who receives a payment under the provisions of the
Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall
not be deprived, by reason of the receipt of that payment, of receipt of
dependency and indemnity compensation to which that person is otherwise
entitled, but there shall be deducted from payment of such dependency
and indemnity compensation the amount of the payment under that Act.''.
(c) <<NOTE: 38 USC 1112 note.>> Effective Date.--Paragraph (4) of
section 1112(c) of title 38, United States Code, as added by subsection
(a), shall take effect with respect to compensation payments for months
beginning
[[Page 118 STAT. 3611]]
after March 26, 2002. Subsection (c) of section 1310 of such title, as
added by subsection (b), shall take effect with respect to dependency
and indemnity compensation payments for months beginning after March 26,
2002.
SEC. 303. EXCLUSION OF LIFE INSURANCE PROCEEDS FROM CONSIDERATION
AS INCOME FOR VETERANS' PENSION PURPOSES.
Section 1503(a) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of the paragraph (10)
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) lump-sum proceeds of any life insurance policy on a
veteran, for purposes of pension under subchapter III of this
chapter.''.
SEC. 304. CERTAIN SERVICE-CONNECTED DISABILITY BENEFITS AUTHORIZED
FOR PERSONS DISABLED BY TREATMENT OR
VOCATIONAL REHABILITATION PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Authorized Benefits.--Section 1151 is amended by adding at the
end the following new subsection:
``(c) A qualifying additional disability under this section shall be
treated in the same manner as if it were a service-connected disability
for purposes of the following provisions of this title:
``(1) Chapter 21, relating to specially adapted housing.
``(2) Chapter 39, relating to automobiles and adaptive
equipment.''.
(b) <<NOTE: 38 USC 1151 note.>> Effective Date.--Subsection (c) of
section 1151 of title 38, United States Code, as added by subsection
(a), shall apply with respect to eligibility for benefits and services
provided by the Secretary of Veterans Affairs on or after the date of
the enactment of this Act.
(c) Administration of Offset Provision.--Subsection (b) of section
1151 is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``(except as otherwise provided in
paragraph (2))'' after ``service-connected, then''; and
(3) by adding at the end the following new paragraph:
``(2) In the case of a judgment, settlement, or compromise covered
by paragraph (1) that becomes final on or after the date of the
enactment of this paragraph and that includes an amount that is
specifically designated for a purpose for which benefits are provided
under chapter 21 or 39 of this title (hereinafter in this paragraph
referred to as the `offset amount'), if such judgment, settlement, or
compromise becomes final before the date of the award of benefits under
chapter 21 or 39 for the purpose for which the offset amount was
specifically designated--
``(A) the amount of such award shall be reduced by the
offset amount; and
``(B) if the offset amount is greater than the amount of
such award, the excess amount received pursuant to the judgment,
settlement or compromise, shall be offset against benefits
otherwise payable under this chapter.''.
SEC. 305. EFFECTIVE DATE OF DEATH PENSION.
Section 5110(d) is amended--
(1) by striking ``(1)'';
[[Page 118 STAT. 3612]]
(2) by striking ``death compensation or dependency and
indemnity compensation'' and inserting ``death compensation,
dependency and indemnity compensation, or death pension''; and
(3) by striking paragraph (2).
SEC. 306. CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO
PRESUMPTIONS OF SERVICE CONNECTION FOR
VETERANS EXPOSED TO IONIZING RADIATION.
(a) Covered Diseases.--Subsection (c)(2) of section 1112 is amended
by adding at the end the following new subparagraphs:
``(Q) Cancer of the bone.
``(R) Cancer of the brain.
``(S) Cancer of the colon.
``(T) Cancer of the lung.
``(U) Cancer of the ovary.''.
(b) Covered Radiation-Risk Activities.--Subsection (c)(3)(B) of such
section is amended by adding at the end the following new clause:
``(iv) Service in a capacity which, if performed as
an employee of the Department of Energy, would qualify
the individual for inclusion as a member of the Special
Exposure Cohort under section 3621(14) of the Energy
Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384l(14)).''.
(c) <<NOTE: 38 USC 1112 note.>> Effective Date.--The amendments made
by this section shall take effect as of March 26, 2002.
SEC. 307. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN
PUBLIC LAW 108-47.
(a) Veterans' Disability Compensation.--Section 1114 is amended--
(1) by striking ``$104'' in subsection (a) and inserting
``$106'';
(2) by striking ``$201'' in subsection (b) and inserting
``$205'';
(3) by striking ``$310'' in subsection (c) and inserting
``$316'';
(4) by striking ``$445'' in subsection (d) and inserting
``$454'';
(5) by striking ``$633'' in subsection (e) and inserting
``$646'';
(6) by striking ``$801'' in subsection (f) and inserting
``$817'';
(7) by striking ``$1,008'' in subsection (g) and inserting
``$1,029'';
(8) by striking ``$1,171'' in subsection (h) and inserting
``$1,195'';
(9) by striking ``$1,317'' in subsection (i) and inserting
``$1,344'';
(10) by striking ``$2,193'' in subsection (j) and inserting
``$2,239'';
(11) in subsection (k)--
(A) by striking ``$81'' both places it appears and
inserting ``$82''; and
(B) by striking ``$2,728'' and ``$3,827'' and
inserting ``$2,785'' and ``$3,907'', respectively;
(12) by striking ``$2,728'' in subsection (l) and inserting
``$2,785'';
(13) by striking ``$3,010'' in subsection (m) and inserting
``$3,073'';
(14) by striking ``$3,425'' in subsection (n) and inserting
``$3,496'';
[[Page 118 STAT. 3613]]
(15) by striking ``$3,827'' each place it appears in
subsections (o) and (p) and inserting ``$3,907'';
(16) by striking ``$1,643'' and ``$2,446'' in subsection (r)
and inserting ``$1,677'' and ``$2,497'', respectively; and
(17) by striking ``$2,455'' in subsection (s) and inserting
``$2,506''.
(b) Additional Compensation for Dependents.--Section 1115(1) is
amended--
(1) by striking ``$125'' in subparagraph (A) and inserting
``$127'';
(2) by striking ``$215'' and ``$64'' in subparagraph (B) and
inserting ``$219'' and ``$65'', respectively;
(3) by striking ``$85'' and ``$64'' in subparagraph (C) and
inserting ``$86'' and ``$65'', respectively;
(4) by striking ``$101'' in subparagraph (D) and inserting
``$103'';
(5) by striking ``$237'' in subparagraph (E) and inserting
``$241''; and
(6) by striking ``$198'' in subparagraph (F) and inserting
``$202''.
(c) Clothing Allowance for Certain Disabled Veterans.--Section 1162
is amended by striking ``$588'' and inserting ``$600''.
(d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) is amended--
(A) by striking ``$948'' in paragraph (1) and inserting
``$967''; and
(B) by striking ``$204'' in paragraph (2) and inserting
``$208''.
(2) The table in section 1311(a)(3) is amended to read as follows:
Monthly Monthly
Pay grade rate Pay grade rate
E-1........................... $967 .. W-4............ $1,157
E-2.......................... $967 .. O-1............. $1,022
E-3.......................... $967 .. O-2............ $1,056
E-4.......................... $967 .. O-3............ $1,130
E-5........................... $967 .. O-4............ $1,195
E-6.......................... $967 .. O-5............ $1,316
E-7.......................... $1,000 .. O-6............ $1,483
E-8........................... $1,056 .. O-7............. $1,602
E-9.......................... $1,1021 .. O-8............. $1,758
W-1........................... $1,022 .. O-9............ $1,881
W-2........................... $1,063 .. O-10............ $2,0632
W-3........................... $1,094 .. ................ ........
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 $1,189.
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
$2,213.
(3) Section 1311(b) is amended by striking ``$237'' and
inserting ``$241''.
[[Page 118 STAT. 3614]]
(4) Section 1311(c) is amended by striking ``$237'' and
inserting ``$241''.
(5) Section 1311(d) is amended by striking ``$113'' and
inserting ``$115''.
(e) Dependency and Indemnity Compensation for Children.--(1) Section
1313(a) is amended--
(A) by striking ``$402'' in paragraph (1) and inserting
``$410'';
(B) by striking ``$578'' in paragraph (2) and inserting
``$590'';
(C) by striking ``$752'' in paragraph (3) and inserting
``$767''; and
(D) by striking ``$752'' and ``$145'' in paragraph (4) and
inserting ``$767'' and ``$148'', respectively.
(2) Section 1314 is amended--
(A) by striking ``$237'' in subsection (a) and inserting
``$241'';
(B) by striking ``$402'' in subsection (b) and inserting
``$410''; and
(C) by striking ``$201'' in subsection (c) and inserting
``$205''.
SEC. 308. CROSS-REFERENCE AMENDMENTS RELATING TO CONCURRENT
PAYMENT OF RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION.
(a) Prohibition Against Duplication of Benefits.--Section 5304(a)(1)
is amended by inserting ``as provided in section 1414 of title 10 or''
after ``Except''.
(b) Waiver of Retired Pay.--Section 5305 is amended by striking
``Any'' in the first sentence and inserting ``Except as provided in
section 1414 of title 10, any''.
TITLE IV--HOUSING MATTERS
SEC. 401. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO
CERTAIN DISABLED VETERANS.
The text of section 2101 is amended to read as follows:
``(a) Acquisition of Housing With Special Features.--(1) Subject to
paragraph (3), the Secretary may assist a disabled veteran described in
paragraph (2) in acquiring a suitable housing unit with special fixtures
or movable facilities made necessary by the nature of the veteran's
disability, and necessary land therefor.
``(2) A veteran is described in this paragraph if the veteran is
entitled to compensation under chapter 11 of this title for a permanent
and total service-connected disability that meets any of the following
criteria:
``(A) The disability is due to the loss, or loss of use, of
both lower extremities such as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair.
``(B) The disability is due to--
``(i) blindness in both eyes, having only light
perception, plus
``(ii) loss or loss of use of one lower extremity.
``(C) The disability is due to the loss or loss of use of
one lower extremity together with--
``(i) residuals of organic disease or injury; or
[[Page 118 STAT. 3615]]
``(ii) the loss or loss of use of one upper
extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches, canes,
or a wheelchair.
``(D) The disability is due to the loss, or loss of use, of
both upper extremities such as to preclude use of the arms at or
above the elbows.
``(3) The regulations prescribed under subsection (c) shall require
that assistance under paragraph (1) may be provided to a veteran only if
the Secretary finds that--
``(A) it is medically feasible for the veteran to reside in
the proposed housing unit and in the proposed locality;
``(B) the proposed housing unit bears a proper relation to
the veteran's present and anticipated income and expenses; and
``(C) the nature and condition of the proposed housing unit
are such as to be suitable to the veteran's needs for dwelling
purposes.
``(b) Adaptations to Residence of Veteran.--(1) Subject to paragraph
(3), the Secretary shall assist any disabled veteran described in
paragraph (2) (other than a veteran who is eligible for assistance under
subsection (a))--
``(A) in acquiring such adaptations to such veteran's
residence as are determined by the Secretary to be reasonably
necessary because of such disability; or
``(B) in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably necessary
for the veteran because of such disability.
``(2) A veteran is described in this paragraph if the veteran is
entitled to compensation under chapter 11 of this title for a permanent
and total service-connected disability that meets either of the
following criteria:
``(A) The disability is due to blindness in both eyes with
5/200 visual acuity or less.
``(B) The disability includes the anatomical loss or loss of
use of both hands.
``(3) Assistance under paragraph (1) may be provided only to a
veteran who the Secretary determines--
``(A) is residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a member of
such veteran's family; or
``(B) if the veteran's residence is to be constructed or
purchased, will be residing in and reasonably intends to
continue residing in a residence owned by such veteran or by a
member of such veteran's family.
``(c) Regulations.--Assistance under this section shall be provided
in accordance with such regulations as the Secretary may prescribe.''.
SEC. 402. TRANSITIONAL HOUSING AMENDMENTS.
(a) Use of Veteran Volunteers.--Section 2051 is amended by adding at
the end the following new subsection:
``(g) Notwithstanding any other provision of law, a multifamily
transitional housing project that is funded by a loan guaranteed under
this subchapter may accept uncompensated voluntary services performed by
any eligible entity (as that term is defined in
[[Page 118 STAT. 3616]]
section 2011(d) of this title) in connection with the construction,
alteration, or repair of such project.''.
(b) Authorization for Commercially-Leased Space.--Section 2052(c)(1)
is amended by striking ``services'' and inserting ``services, other
commercial activities,''.
SEC. 403. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY FOR
CONSTRUCTION AND PURCHASE OF HOMES AND
ANNUAL INDEXING OF AMOUNT.
(a) Maximum Loan Guaranty Based on 100 Percent of Freddie Mac
Conforming Loan Rate.--Section 3703(a)(1) is amended by striking
``$60,000'' each place it appears in subparagraphs (A)(i)(IV) and (B)
and inserting ``the maximum guaranty amount (as defined in subparagraph
(C))''.
(b) Definition.--Such section is further amended by adding at the
end the following new subparagraph:
``(C) In this paragraph, the term `maximum guaranty amount' means
the dollar amount that is equal to 25 percent of the Freddie Mac
conforming loan limit limitation determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2))
for a single-family residence, as adjusted for the year involved.''.
SEC. 404. EXTENSION OF AUTHORITY FOR GUARANTEE OF ADJUSTABLE RATE
MORTGAGES.
Section 3707(a) is amended by striking ``during fiscal years 1993,
1994, and 1995'' and inserting ``during fiscal years 1993 through
2008''.
SEC. 405. EXTENSION AND IMPROVEMENT OF AUTHORITY FOR GUARANTEE OF
HYBRID ADJUSTABLE RATE MORTGAGES.
(a) Extension of Authority.--Subsection (a) of section 3707A is
amended by striking ``during fiscal years 2004 and 2005'' and inserting
``during fiscal years 2004 through 2008''.
(b) Modification of Interest Rate Adjustment Requirements.--
Subsection (c) of such section is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) in the case of the initial contract interest rate
adjustment--
``(A) if the initial contract interest rate remained
fixed for less than 5 years, be limited to a maximum
increase or decrease of 1 percentage point; or
``(B) if the initial contract interest rate remained
fixed for 5 years or more, be limited to a maximum
increase or decrease of such percentage point or points
as the Secretary may prescribe;
``(4) in the case of any single annual interest rate
adjustment after the initial contract interest rate adjustment,
be limited to a maximum increase or decrease of 1 percentage
point; and''; and
(3) in paragraph (5), as so redesignated, by striking ``5
percentage points'' and all that follows and inserting ``such
number of percentage points as the Secretary shall prescribe for
purposes of this section.''.
(c) <<NOTE: 38 USC 3707A note.>> No Effect on Guarantee of Loans
Under Hybrid Adjustable Rate Mortgage Guarantee Demonstration
[[Page 118 STAT. 3617]]
Project.--The amendments made by this section shall not be construed to
affect the force or validity of any guarantee of a loan made by the
Secretary of Veterans Affairs under the demonstration project for the
guarantee of hybrid adjustable rate mortgages under section 3707A of
title 38, United States Code, as in effect on the day before the date of
the enactment of this Act.
SEC. 406. TERMINATION OF COLLECTION OF LOAN FEES FROM VETERANS
RATED ELIGIBLE FOR COMPENSATION AT PRE-
DISCHARGE RATING EXAMINATIONS.
Section 3729(c) is amended--
(1) by inserting ``(1)'' before ``A fee''; and
(2) by adding at the end the following new paragraph:
``(2) A veteran who is rated eligible to receive compensation as a
result of a pre-discharge disability examination and rating shall be
treated as receiving compensation for purposes of this subsection as of
the date on which the veteran is rated eligible to receive compensation
as a result of the pre-discharge disability examination and rating
without regard to whether an effective date of the award of compensation
is established as of that date.''.
SEC. 407. THREE-YEAR EXTENSION OF NATIVE AMERICAN VETERAN HOUSING
LOAN PILOT PROGRAM.
Section 3761(c) is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2008''.
TITLE V--MATTERS RELATING TO FIDUCIARIES
SEC. 501. DEFINITION OF FIDUCIARY.
(a) In General.--(1) Chapter 55 is amended by adding at the end the
following new section:
``Sec. 5506. Definition of `fiduciary'
``For purposes of this chapter and chapter 61 of this title, the
term `fiduciary' means--
``(1) a person who is a guardian, curator, conservator,
committee, or person legally vested with the responsibility or
care of a claimant (or a claimant's estate) or of a beneficiary
(or a beneficiary's estate); or
``(2) any other person having been appointed in a
representative capacity to receive money paid under any of the
laws administered by the Secretary for the use and benefit of a
minor, incompetent, or other beneficiary.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5506. Definition of `fiduciary'.''.
(b) Conforming Amendments to Section 5502.--Section 5502 is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``other person''
and inserting ``other fiduciary''; and
(B) in the second sentence of paragraph (2), by
inserting ``for benefits under this title'' after ``in
connection with rendering fiduciary services'';
[[Page 118 STAT. 3618]]
(2) in subsection (b), by striking ``guardian, curator,
conservator, or other person'' each place it appears and
inserting ``fiduciary''; and
(3) in subsection (d), by striking ``guardian, curator, or
conservator'' and inserting ``fiduciary''.
(c) Conforming Amendment to Section 6101.--Section 6101(a) is
amended by striking ``guardian, curator,'' and all that follows through
``beneficiary,'' and inserting ``fiduciary (as defined in section 5506
of this title) for the benefit of a minor, incompetent, or other
beneficiary under laws administered by the Secretary,''.
SEC. 502. INQUIRY, INVESTIGATIONS, AND QUALIFICATION OF
FIDUCIARIES.
(a) In General.--Chapter 55, as amended by section 501(a)(1), is
further amended by adding at the end the following new section:
``Sec. 5507. Inquiry, investigations, and qualification of fiduciaries
``(a) Any certification of a person for payment of benefits of a
beneficiary to that person as such beneficiary's fiduciary under section
5502 of this title shall be made on the basis of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary, such inquiry or investigation--
``(A) to be conducted in advance of such
certification;
``(B) to the extent practicable, to include a face-
to-face interview with such person; and
``(C) to the extent practicable, to include a copy
of a credit report for such person issued within one
year of the date of the proposed appointment;
``(2) adequate evidence that certification of that person as
fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under regulations);
and
``(3) the furnishing of any bond that may be required by the
Secretary.
``(b) As part of any inquiry or investigation of any person under
subsection (a), the Secretary shall request information concerning
whether that person has been convicted of any offense under Federal or
State law which resulted in imprisonment for more than one year. If that
person has been convicted of such an offense, the Secretary may certify
the person as a fiduciary only if the Secretary finds that the person is
an appropriate person to act as fiduciary for the beneficiary concerned
under the circumstances.
``(c)(1) In the case of a proposed fiduciary described in paragraph
(2), the Secretary, in conducting an inquiry or investigation under
subsection (a)(1), may carry out such inquiry or investigation on an
expedited basis that may include waiver of any specific requirement
relating to such inquiry or investigation, including the otherwise
applicable provisions of subparagraphs (A), (B), and (C) of such
subsection. Any such inquiry or investigation carried out on such an
expedited basis shall be carried out under regulations prescribed for
purposes of this section.
``(2) <<NOTE: Applicability.>> Paragraph (1) applies with respect to
a proposed fiduciary who is--
[[Page 118 STAT. 3619]]
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction; or
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title.
``(d) Temporary Fiduciaries.--When in the opinion of the Secretary,
a temporary fiduciary is needed in order to protect the assets of the
beneficiary while a determination of incompetency is being made or
appealed or a fiduciary is appealing a determination of misuse, the
Secretary may appoint one or more temporary fiduciaries for a period not
to exceed 120 days. If a final decision has not been made within 120
days, the Secretary may not continue the appointment of the fiduciary
without obtaining a court order for appointment of a guardian,
conservator, or other fiduciary under the authority provided in section
5502(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item added by section
501(a)(2) the following new item:
``5507. Inquiry, investigations, and qualification of fiduciaries.''.
SEC. 503. MISUSE OF BENEFITS BY FIDUCIARIES.
(a) Protection of Veterans Benefits When Administered by
Fiduciaries.--(1) Chapter 61 is amended by adding at the end the
following new sections:
``Sec. 6106. Misuse of benefits by fiduciaries
``(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.--A
fiduciary may not collect a fee from a beneficiary for any month with
respect to which the Secretary or a court of competent jurisdiction has
determined that the fiduciary misused all or part of the individual's
benefit, and any amount so collected by the fiduciary as a fee for such
month shall be treated as a misused part of the individual's benefit.
``(b) Misuse of Benefits Defined.--For purposes of this chapter,
misuse of benefits by a fiduciary occurs in any case in which the
fiduciary receives payment, under any of laws administered by the
Secretary, for the use and benefit of a beneficiary and uses such
payment, or any part thereof, for a use other than for the use and
benefit of such beneficiary or that beneficiary's dependents. Retention
by a fiduciary of an amount of a benefit payment as a fiduciary fee or
commission, or as attorney's fees (including expenses) and court costs,
if authorized by the Secretary or a court of competent jurisdiction,
shall be considered to be for the use or benefit of such beneficiary.
``(c) Regulations.--The Secretary may prescribe by regulation the
meaning of the term `use and benefit' for purposes of this section.
``Sec. 6107. Reissuance of benefits
``(a) Negligent Failure by Secretary.--(1) In any case in which the
negligent failure of the Secretary to investigate or monitor a fiduciary
results in misuse of benefits by the fiduciary, the Secretary shall pay
to the beneficiary or the beneficiary's successor
[[Page 118 STAT. 3620]]
fiduciary an amount equal to the amount of benefits that were so
misused.
``(2) There shall be considered to have been a negligent failure by
the Secretary to investigate and monitor a fiduciary in the following
cases:
``(A) A case in which the Secretary failed to review a
fiduciary's accounting within 60 days of the date on which that
accounting is scheduled for review.
``(B) A case in which the Secretary was notified of
allegations of misuse, but failed to act within 60 days of the
date of such notification to terminate the fiduciary.
``(C) In any other case in which actual negligence is shown.
``(b) Reissuance of Misused Benefits in Other Cases.--(1) In any
case in which a fiduciary described in paragraph (2) misuses all or part
of an individual's benefit paid to such fiduciary, the Secretary shall
pay to the beneficiary or the beneficiary's successor fiduciary an
amount equal to the amount of such benefit so misused.
``(2) <<NOTE: Applicability.>> Paragraph (1) applies to a fiduciary
that--
``(A) is not an individual; or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 10 or more individuals who are
beneficiaries under this title.
``(3) In any other case in which the Secretary obtains recoupment
from a fiduciary who has misused benefits, the Secretary shall promptly
remit payment of the recouped amounts to the beneficiary or the
beneficiary's successor fiduciary as the case may be.
``(c) Limitation on Total Amount Paid.--The total of the amounts
paid to a beneficiary (or a beneficiary's successor fiduciary) under
this section may not exceed the total benefit amount misused by the
fiduciary with respect to that beneficiary.
``(d) Recoupment of Amounts Reissued.--In any case in which the
Secretary reissues a benefit payment (in whole or in part) under
subsection (a) or (b), the Secretary shall make a good faith effort to
obtain recoupment from the fiduciary to whom the payment was originally
made.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``6106. Misuse of benefits by fiduciaries.
``6107. Reissuance of benefits.''.
SEC. 504. ADDITIONAL PROTECTIONS FOR BENEFICIARIES WITH
FIDUCIARIES.
(a) Onsite Reviews and Required Accountings.--(1) Chapter 55, as
amended by section 502(a), is further amended by adding at the end the
following new sections:
``Sec. 5508. Periodic onsite reviews of institutional fiduciaries
``In addition to such other reviews of fiduciaries as the Secretary
may otherwise conduct, the Secretary shall provide for the periodic
onsite review of any person or agency located in the United States that
receives the benefits payable under laws administered by the Secretary
to another individual pursuant to the appointment of such person or
agency as a fiduciary under section 5502(a)(1) of this title in any case
in which the fiduciary is serving in that capacity with respect to more
than 20 beneficiaries and the total
[[Page 118 STAT. 3621]]
annual amount of such benefits exceeds $50,000, as adjusted pursuant to
section 5312 of this title.
``Sec. 5509. Authority to require fiduciary to receive payments at
regional offices of the Department when failing
to provide required accounting
``(a) Required Reports and Accountings.--The Secretary may require a
fiduciary to file a report or accounting pursuant to regulations
prescribed by the Secretary.
``(b) Actions Upon Failure To File.--In any case in which a
fiduciary fails to submit a report or accounting required by the
Secretary under subsection (a), the Secretary may, after furnishing
notice to such fiduciary and the beneficiary entitled to such payment of
benefits, require that such fiduciary appear in person at a regional
office of the Department serving the area in which the beneficiary
resides in order to receive such payments.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by section 502(b) the following
new items:
``5508. Periodic onsite reviews of institutional fiduciaries.
``5509. Authority to require fiduciary to receive payments at regional
offices of the Department when failing to provide required
accounting.''.
(b) Judicial Orders of Restitution.--(1) Chapter 61, as amended by
section 503(a), is further amended by adding at the end the following
new section:
``Sec. 6108. Authority for judicial orders of restitution
``(a) Any Federal court, when sentencing a defendant convicted of an
offense arising from the misuse of benefits under this title, may order,
in addition to or in lieu of any other penalty authorized by law, that
the defendant make restitution to the Department.
``(b) Sections 3612, 3663, and 3664 of title 18 shall apply with
respect to the issuance and enforcement of orders of restitution under
subsection (a). In so applying those sections, the Department shall be
considered the victim.
``(c) If the court does not order restitution, or orders only
partial restitution, under subsection (a), the court shall state on the
record the reasons therefor.
``(d) Amounts received in connection with misuse by a fiduciary of
funds paid as benefits under laws administered by the Secretary shall be
paid to the individual whose benefits were misused. If the Secretary has
previously reissued the misused benefits, the amounts shall be treated
in the same manner as overpayments recouped by the Secretary and shall
be deposited to the credit of the applicable revolving fund, trust fund,
or appropriation.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by section 503(b) the following
new item:
``6108. Authority for judicial orders of restitution.''.
SEC. 505. ANNUAL REPORT.
(a) In General.--Chapter 55, as amended by section 504(a)(1), is
further amended by adding at the end the following new section:
``Sec. 5510. Annual report
``The Secretary shall include in the Annual Benefits Report of the
Veterans Benefits Administration or the Secretary's Annual
[[Page 118 STAT. 3622]]
Performance and Accountability Report information concerning fiduciaries
who have been appointed to receive payments for beneficiaries of the
Department. As part of such information, the
Secretary shall separately set forth the following: --
``(1) The number of beneficiaries in each category (veteran,
surviving spouse, child, adult disabled child, or parent).
``(2) The types of benefit being paid (compensation,
pension, dependency and indemnity compensation, death pension or
benefits payable to a disabled child under chapter 18 of this
title).
``(3) The total annual amounts and average annual amounts of
benefits paid to fiduciaries for each category and type of
benefit.
``(4) The number of fiduciaries who are the spouse, parent,
legal custodian, court-appointed fiduciary, institutional
fiduciary, custodian in fact, and supervised direct payees.
``(5) The number of cases in which the fiduciary was changed
by the Secretary because of a finding that benefits had been
misused.
``(6) How such cases of misuse of benefits were addressed by
the Secretary.
``(7) The final disposition of such cases of misuse of
benefits, including the number and dollar amount of any benefits
reissued to beneficiaries.
``(8) The number of fiduciary cases referred to the Office
of the Inspector General and the nature of the actions taken by
the Inspector General.
``(9) The total amount of money recovered by the government
in cases arising from the misuse of benefits by a fiduciary.
``(10) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the items added by the amendment
made by section 504(a)(2) the following new item:
``5510. Annual report.''.
SEC. 506. ANNUAL ADJUSTMENT IN BENEFITS THRESHOLDS.
Section 5312(b)(1) is amended by inserting ``and the annual benefit
amount limitations under sections 5507(c)(2)(D) and 5508 of this
title,'' after ``(d)(3) of such section,''.
SEC. 507. EFFECTIVE DATES. <<NOTE: 38 USC 5312 note.>>
(a) In General.--Except as otherwise provided, this title and the
amendments made by this title shall take effect on the first day of the
seventh month beginning after the date of the enactment of this Act.
(b) Special Rules.--(1) Section 5510 of title 38, United States
Code, as added by section 505(a), shall take effect on the date of the
enactment of this Act.
(2) Sections 6106 and 6107 of title 38, United States Code, as added
by section 503(a), shall apply with respect to any determinations by the
Secretary of Veterans Affairs made after the date of the enactment of
this Act of misuse of funds by a fiduciary.
[[Page 118 STAT. 3623]]
TITLE VI--MEMORIAL AFFAIRS MATTERS
SEC. 601. DESIGNATION <<NOTE: 16 USC 431 note.>> OF PRISONER OF
WAR/MISSING IN ACTION NATIONAL MEMORIAL,
RIVERSIDE NATIONAL CEMETERY, RIVERSIDE,
CALIFORNIA.
(a) Designation.--The memorial to former prisoners of war and
members of the Armed Forces listed as missing in action that is under
construction at Riverside National Cemetery in Riverside, California, is
hereby designated: ``Prisoner of War/Missing in Action National
Memorial''.
(b) Effect of Designation.--Such national memorial designated by
subsection (a) is not a unit of the National Park System, and the
designation of the national memorial shall not be construed to require
Federal funds to be expended for any purpose related to the national
memorial.
SEC. 602. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION
PROPERTY.
(a) In General.--Chapter 24 is amended by adding at the end the
following new section:
``Sec. 2412. Lease of land and buildings
``(a) Lease Authorized.--The Secretary may lease any undeveloped
land and unused or underutilized buildings, or parts or parcels thereof,
belonging to the United States and part of the National Cemetery
Administration.
``(b) Term.--The term of a lease under subsection (a) may not exceed
10 years.
``(c) Lease to Public or Nonprofit Organizations.--(1) A lease under
subsection (a) to any public or nonprofit organization may be made
without regard to the provisions of section 3709 of the Revised Statutes
(41 U.S.C. 5).
``(2) Notwithstanding section 1302 of title 40 or any other
provision of law, a lease under subsection (a) to any public or
nonprofit organization may provide for the maintenance, protection, or
restoration of the leased property by the lessee, as a part or all of
the consideration for the lease.
``(d) Notice.--Before entering into a lease under subsection (a),
the Secretary shall give appropriate public notice of the intention of
the Secretary to enter into the lease in a newspaper of general
circulation in the community in which the lands or buildings concerned
are located.
``(e) National Cemetery Administration Facilities Operation Fund.--
(1) There is established on the book of the Treasury an account to be
known as the `National Cemetery Administration Facilities Operation
Fund' (in this section referred to as the `Fund').
``(2) The Fund shall consist of the following:
``(A) Proceeds from the lease of land or buildings under
this section.
``(B) Proceeds of agricultural licenses of lands of the
National Cemetery Administration.
``(C) Any other amounts appropriated to or otherwise
authorized for deposit in the Fund by law.
[[Page 118 STAT. 3624]]
``(3) Amounts in the Fund shall be available to cover costs incurred
by the National Cemetery Administration in the operation and maintenance
of property of the Administration.
``(4) Amounts in the Fund shall remain available until expended.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2412. Lease of land and buildings.''.
SEC. 603. EXCHANGES OF REAL PROPERTY FOR NATIONAL CEMETERIES.
Section 2406 is amended by inserting ``exchange,'' after
``agencies,''.
TITLE VII--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
SEC. 701. CLARIFICATION OF MEANING OF ``JUDGMENT'' AS USED IN THE
ACT.
Section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App.
511) is amended by adding at the end the following new paragraph:
``(9) Judgment.--The term `judgment' means any judgment,
decree, order, or ruling, final or temporary.''.
SEC. 702. REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER THE ACT.
Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App.
517) is amended--
(1) in subsection (a), by inserting after the first sentence
the following new sentence: ``Any such waiver that applies to an
action listed in subsection (b) of this section is effective
only if it is in writing and is executed as an instrument
separate from the obligation or liability to which it
applies.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Prominent Display of Certain Contract Rights Waivers.--Any
waiver in writing of a right or protection provided by this Act that
applies to a contract, lease, or similar legal instrument must be in at
least 12 point type.''.
SEC. 703. RIGHT OF SERVICEMEMBER PLAINTIFFS TO REQUEST STAY OF
CIVIL PROCEEDINGS.
Section 202(a) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 522(a)) is amended by inserting ``plaintiff or'' before
``defendant''.
SEC. 704. TERMINATION OF LEASES.
(a) Joint Leases.--Subsection (a) of section 305 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended to read
as follows:
``(a) Termination by Lessee.--
[[Page 118 STAT. 3625]]
``(1) In general.--The lessee on a lease described in
subsection (b) may, at the lessee's option, terminate the lease
at any time after--
``(A) the lessee's entry into military service; or
``(B) the date of the lessee's military orders
described in paragraph (1)(B) or (2)(B) of subsection
(b), as the case may be.
``(2) Joint leases.--A lessee's termination of a lease
pursuant to this subsection shall terminate any obligation a
dependent of the lessee may have under the lease.''.
(b) Motor Vehicles Leases.--
(1) Applicability to pcs orders from states outside conus.--
Subparagraph (B) of subsection (b)(2) of such section is amended
by striking ``military orders for'' and all that follows through
``or to deploy'' and inserting ``military orders--
``(i) for a change of permanent station--
``(I) from a location in the
continental United States to a location
outside the continental United States;
or
``(II) from a location in a State
outside the continental United States to
any location outside that State; or
``(ii) to deploy''.
(2) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(i) Definitions.--
``(1) Military orders.--The term `military orders', with
respect to a servicemember, means official military orders, or
any notification, certification, or verification from the
servicemember's commanding officer, with respect to the
servicemember's current or future military duty status.
``(2) Conus.--The term `continental United States' means the
48 contiguous States and the District of Columbia.''.
(c) Coverage of Individual Deployments.--Subsection (b) of such
section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii)
(as designated by subsection (b) of this section) by inserting ``, or as
an individual in support of a military operation,'' after ``deploy with
a military unit''.
TITLE VIII--OTHER MATTERS
SEC. 801. PRINCIPAL OFFICE OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
Section 7255 is amended by striking ``District of Columbia'' and
inserting ``Washington, D.C., metropolitan area''.
SEC. 802. TECHNICAL AMENDMENTS RELATING TO THE UNITED STATES COURT
OF APPEALS FOR VETERANS CLAIMS.
(a) Restoration of Prior Provision Relating to Chief Judge.--Section
7253(d)(1) is amended by inserting after ``(1)'' the following: ``The
chief judge of the Court is the head of the Court.''.
(b) Capitalization Amendments.--Section 7253(d)(4)(A) is amended by
striking ``court'' in clauses (i) and (ii) and inserting ``Court''.
[[Page 118 STAT. 3626]]
(c) Date of Enactment Reference.--Section 7253(h)(4) is amended by
striking ``the date of the enactment of this subsection'' and inserting
``December 27, 2001,''.
SEC. 803. EXTENSION OF BIENNIAL REPORT OF ADVISORY COMMITTEE ON
FORMER PRISONERS OF WAR.
Section 541(c)(1) is amended by striking ``2003'' and inserting
``2009''.
SEC. 804. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REDRESS FOR
CERTAIN VETERANS DENIED OPPORTUNITY TO
COMPETE FOR FEDERAL EMPLOYMENT.
(a) Administrative Redress.--Section 3330a(a)(1) of title 5, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) A veteran described in section 3304(f)(1) who alleges that an
agency has violated such section with respect to such veteran may file a
complaint with the Secretary of Labor.''.
(b) Judicial Redress.--Section 3330b(a) <<NOTE: 5 USC 3330b.>> is
amended by inserting ``, or a veteran described by section
3330a(a)(1)(B) with respect to a violation described by such section,''
after ``a preference eligible''.
SEC. 805. REPORT ON SERVICEMEMBERS' AND VETERANS' AWARENESS OF
BENEFITS AND SERVICES AVAILABLE UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS
AFFAIRS.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report setting forth a detailed description of (1) the outreach
efforts of the Department of Veterans Affairs, as of the date of the
enactment of this Act, to inform members of the uniformed services and
veterans (and their family members and survivors) of the benefits and
services to which they are entitled under laws administered by the
Secretary, and (2) the current level of awareness of those members and
veterans (and family members and survivors) of those benefits and
services.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) A description of the outreach activities conducted by
the Secretary in each of the three Administrations of the
Department of Veterans Affairs and outreach activities conducted
by other entities within the Department.
(2) The results of a national survey, conducted as described
in subsection (c), to ascertain servicemembers' and veterans'
level of awareness of benefits and services referred to in
subsection (a) and whether servicemembers and veterans know how
to access those benefits and services.
(3) Recommendations by the Secretary on how outreach and
awareness activities to veterans and servicemembers may be
improved.
(c) Conduct of Survey.--The survey conducted for purposes of
subsection (b)(2) shall be conducted in a manner to include a
statistically valid sample of persons in each of the following groups:
(1) World War II veterans.
(2) Korean conflict era veterans.
[[Page 118 STAT. 3627]]
(3) Vietnam era veterans.
(4) Persian Gulf era veterans.
(5) Active duty servicemembers.
(6) National Guard and Reserve members activated under title
10, United States Code.
(7) Family members and survivors.
Approved December 10, 2004.
LEGISLATIVE HISTORY--S. 2486:
---------------------------------------------------------------------------
SENATE REPORTS: No. 108-352 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 8, considered and passed Senate.
Nov. 17, considered and passed House.
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