Page:United States Statutes at Large Volume 117.djvu/2690

 PUBLIC LAW 108–183—DEC. 16, 2003

117 STAT. 2671

(3) If the decision of the Secretary on a readjudication under this subsection is in favor of the qualified claimant, the award of the grant shall take effect as if the prior decision by the Secretary on the claim had not been made. (4) Nothing in this subsection shall be construed to establish a duty on the part of the Secretary to identify or readjudicate any claim that— (A) is not submitted during the one-year period referred to in paragraph (1); or (B) has been the subject of a timely appeal to the Board of Veterans’ Appeals or the United States Court of Appeals for Veterans Claims. (e) CONSTRUCTION ON PROVIDING RENOTIFICATION.—Nothing in this section, or the amendments made by this section, shall be construed to require the Secretary of Veterans Affairs— (1) to provide notice under section 5103(a) of such title with respect to a claim insofar as the Secretary has previously provided such notice; or (2) to provide for a special notice with respect to this section and the amendments made by this section. SEC. 702. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF VETERANS BENEFITS TO AGREEMENTS REQUIRING PAYMENT OF FUTURE RECEIPT OF BENEFITS.

Section 5301(a) is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; (2) by designating the last sentence as paragraph (2); and (3) by adding at the end the following new paragraph: ‘‘(3)(A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited. ‘‘(B) Notwithstanding subparagraph (A), nothing in this paragraph is intended to prohibit a loan involving a beneficiary under the terms of which the beneficiary may use the benefit to repay such other person as long as each of the periodic payments made to repay such other person is separately and voluntarily executed by the beneficiary or is made by preauthorized electronic funds transfer pursuant to the Electronic Funds Transfers Act (15 U.S.C. 1693 et seq.). ‘‘(C) Any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited and is void from its inception.’’. SEC.

703.

SIX-YEAR EXTENSION OF MINORITY VETERANS.

ADVISORY

COMMITTEE

ON

Section 544(e) is amended by striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 2009’’.

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