[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1291 Enrolled Bill (ENR)]
H.R.1291
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To amend title 38, United States Code, to modify and improve authorities
relating to education benefits, compensation and pension benefits,
housing benefits, burial benefits, and vocational rehabilitation
benefits for veterans, to modify certain authorities relating to the
United States Court of Appeals for Veterans Claims, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

46fd4dabbc64e7bb1279d5deb7ca54877d2d112581a2b7a59f906cfa8755f742

(a) Short Title.--This Act may be cited as the ``Veterans Education
and Benefits Expansion Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-EDUCATIONAL ASSISTANCE PROVISIONS

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Montgomery GI Bill for education leading to employment in high
technology industry.

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assistance for eligibility for benefits under the Montgomery
GI Bill.

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assistance of spouses and surviving spouses of veterans with
total service-connected disabilities.

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service-connection for herbicide-related disabilities of
Vietnam veterans.

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TITLE II

-COMPENSATION AND PENSION PROVISIONS

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to provide for participation in research projects by Persian
Gulf War veterans.

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for veterans applying for nonservice-connected pension.

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TITLE III

-TRANSITION AND OUTREACH PROVISIONS

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TITLE IV

-HOUSING MATTERS

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TITLE V

-OTHER MATTERS

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appeal to the Secretary of Veterans Affairs.

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programs of independent living services and assistance.

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30117d4c07a6e74ad42285300f401c72f873bcdb16268e8be7a6ce8c219e307a

TITLE VI

-UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

of reappointment as condition to retirement from the Court.

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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.

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MONTGOMERY GI BILL.
(a) In General.--(1) Paragraph (1) of section 3015(a) is amended to
read as follows:
``(1) for an approved program of education pursued on a full-
time basis, at the monthly rate of--
``(A) for months beginning on or after January 1, 2002,
$800;
``(B) for months occurring during fiscal year 2003, $900;
``(C) for months occurring during fiscal year 2004, $985;
and
``(D) for months occurring during a subsequent fiscal year,
the amount for months occurring during the previous fiscal year
increased under subsection (h); or''.
(2) Paragraph (1) of section 3015(b) is amended to read as follows:
``(1) for an approved program of education pursued on a full-
time basis, at the monthly rate of--
``(A) for months beginning on or after January 1, 2002,
$650;
``(B) for months occurring during fiscal year 2003, $732;
``(C) for months occurring during fiscal year 2004, $800;
and
``(D) for months occurring during a subsequent fiscal year,
the amount for months occurring during the previous fiscal year
increased under subsection (h); or''.
(b) CPI Adjustment.--No adjustment in rates of educational
assistance shall be made under section 3015(h) of title 38, United
States Code, for fiscal years 2003 and 2004.

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ASSISTANCE.
(a) Survivors' and Dependents' Educational Assistance.--Section
3532 is amended--
(1) in subsection (a)(1)--
(A) by striking ``$588'' and inserting ``$670'';
(B) by striking ``$441'' and inserting ``$503''; and
(C) by striking ``$294'' and inserting ``$335'';
(2) in subsection (a)(2), by striking ``$588'' and inserting
``$670'';
(3) in subsection (b), by striking ``$588'' and inserting
``$670''; and
(4) in subsection (c)(2)--
(A) by striking ``$475'' and inserting ``$541';
(B) by striking ``$356'' and inserting ``$406''; and
(C) by striking ``$238'' and inserting ``$271''.
(b) Correspondence Courses.--Section 3534(b) is amended by striking
``$588'' and inserting ``$670''.
(c) Special Restorative Training.--Section 3542(a) is amended--
(1) by striking ``$588'' and inserting ``$670''; and
(2) by striking ``$184'' each place it appears and inserting
``$210''.
(d) Apprenticeship Training.--Section 3687(b)(2) is amended--
(1) by striking ``$428'' and inserting ``$488'';
(2) by striking ``$320'' and inserting ``$365'';
(3) by striking ``$212'' and inserting ``$242''; and
(4) by striking ``$107'' and inserting ``$122''.
(e) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2002, and shall apply with respect to
educational assistance allowances payable under chapter 35 and section
3687(b)(2) of title 38, United States Code, for months beginning on or
after that date.

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BEING ORDERED TO ACTIVE DUTY.
(a) In General.--Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), and
3511(a)(2)(B)(i) are each amended by striking ``, in connection with
the Persian Gulf War, to serve on active duty under section 672 (a),
(d), or (g), 673, 673b, or 688 of title 10;'' and inserting ``to serve
on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302,
or 12304 of title 10;''.
(b) Increase in Chapter 35 Delimiting Period.--Section 3512 is
amended by adding at the end the following new subsection:
``(h) Notwithstanding any other provision of this section, if an
eligible person, during the delimiting period otherwise applicable to
such person under this section, serves on active duty pursuant to an
order to active duty issued under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10, such person shall be granted an
extension of such delimiting period for the length of time equal to the
period of such active duty plus four months.''.
(c) Application to Chapter 31.--(1) Section 3105 is amended by
adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of a subsistence allowance and
other assistance described in paragraph (2) shall not--
``(A) be charged against any entitlement of any veteran under
this chapter; or
``(B) be counted toward the aggregate period for which section
3695 of this title limits an individual's receipt of allowance or
assistance.
``(2) The payment of the subsistence allowance and other assistance
referred to in paragraph (1) is the payment of such an allowance or
assistance for the period described in paragraph (3) to a veteran for
participation in a vocational rehabilitation program under this chapter
if the Secretary finds that the veteran had to suspend or discontinue
participation in such vocational rehabilitation program as a result of
being ordered to serve on active duty under section 688, 12301(a),
12301(d), 12301(g), 12302, or 12304 of title 10.
``(3) The period for which, by reason of this subsection, a
subsistence allowance and other assistance is not charged against
entitlement or counted toward the applicable aggregate period under
section 3695 of this title shall be the period of participation in the
vocational rehabilitation program for which the veteran failed to
receive credit or with respect to which the veteran lost training time,
as determined by the Secretary.''.
(2) Section 3103 is amended by adding at the end the following new
subsection:
``(e) In any case in which the Secretary has determined that a
veteran was prevented from participating in a vocational rehabilitation
program under this chapter within the period of eligibility otherwise
prescribed in this section as a result of being ordered to serve on
active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10, such period of eligibility shall not run for the
period of such active duty service plus four months.
(d) Conforming Amendments.--Sections 3013(f)(2)(B) and
3231(a)(5)(B)(ii) of such title are each amended by striking ``, in
connection with such War,''.
(e) Effective Date.--The amendments made by this section shall take
effect as of September 11, 2001.

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MONTGOMERY GI BILL FOR EDUCATION LEADING TO EMPLOYMENT IN
HIGH TECHNOLOGY INDUSTRY.
(a) In General.--(1) Chapter 30 is amended by inserting after
section 3014 the following new section:
``Sec. 3014A. Accelerated payment of basic educational assistance for
education leading to employment in high technology industry
``(a) An individual described in subsection (b) who is entitled to
basic educational assistance under this subchapter may elect to receive
an accelerated payment of the basic educational assistance allowance
otherwise payable to the individual under section 3015 of this title.
``(b) An individual described in this subsection is an individual
who is--
``(1) enrolled in an approved program of education that leads
to employment in a high technology industry (as determined pursuant
to regulations prescribed by the Secretary); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions thereof)
in the enrollment period, exceeds the amount equal to 200 percent
of the monthly rate of basic educational assistance allowance
otherwise payable to the individual under section 3015 of this
title.
``(c)(1) The amount of the accelerated payment of basic educational
assistance made to an individual making an election under subsection
(a) for a program of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established charges
for the program of education; or
``(B) the aggregate amount of basic educational assistance to
which the individual remains entitled under this chapter at the
time of the payment.
``(2) In this subsection, the term `established charges', in the
case of a program of education, means the actual charges (as determined
pursuant to regulations prescribed by the Secretary) for tuition and
fees which similarly circumstanced nonveterans enrolled in the program
of education would be required to pay. Established charges shall be
determined on the following basis:
``(A) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter, or
semester.
``(B) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the entire program of
education.
``(3) The educational institution providing the program of
education for which an accelerated payment of basic educational
assistance allowance is elected by an individual under subsection (a)
shall certify to the Secretary the amount of the established charges
for the program of education.
``(d) An accelerated payment of basic educational assistance made
to an individual under this section for a program of education shall be
made not later than the last day of the month immediately following the
month in which the Secretary receives a certification from the
educational institution regarding--
``(1) the individual's enrollment in and pursuit of the program
of education; and
``(2) the amount of the established charges for the program of
education.
``(e)(1) Except as provided in paragraph (2), for each accelerated
payment of basic educational assistance made to an individual under
this section, the individual's entitlement to basic educational
assistance under this chapter shall be charged the number of months
(and any fraction thereof) determined by dividing the amount of the
accelerated payment by the full-time monthly rate of basic educational
assistance allowance otherwise payable to the individual under section
3015 of this title as of the beginning date of the enrollment period
for the program of education for which the accelerated payment is made.
``(2) If the monthly rate of basic educational assistance allowance
otherwise payable to an individual under section 3015 of this title
increases during the enrollment period of a program of education for
which an accelerated payment of basic educational assistance is made
under this section, the charge to the individual's entitlement to basic
educational assistance under this chapter shall be determined by
prorating the entitlement chargeable, in the matter provided for under
paragraph (1), for the periods covered by the initial rate and
increased rate, respectively, in accordance with regulations prescribed
by the Secretary.
``(f) The Secretary may not make an accelerated payment under this
section for a program of education to an individual who has received an
advance payment under section 3680(d) of this title for the same
enrollment period.
``(g) The Secretary shall prescribe regulations to carry out this
section. The regulations shall include requirements, conditions, and
methods for the request, issuance, delivery, certification of receipt
and use, and recovery of overpayment of an accelerated payment under
this section.''.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 3014 the
following new item:
``3014A. Accelerated payment of basic educational assistance for
education leading to employment in high technology
industry.''.
(b) Restatement and Enhancement of Certain Administrative
Authorities.--Subsection (g) of section 3680 is amended to read as
follows:
``Determination of Enrollment, Pursuit, and Attendance
``(g)(1) The Secretary may, pursuant to regulations which the
Secretary shall prescribe, determine and define with respect to an
eligible veteran and eligible person the following:
``(A) Enrollment in a course or program of education or
training.
``(B) Pursuit of a course or program of education or training.
``(C) Attendance at a course or program of education or
training.
``(2) The Secretary may withhold payment of benefits to an eligible
veteran or eligible person until the Secretary receives such proof as
the Secretary may require of enrollment in and satisfactory pursuit of
a program of education by the eligible veteran or eligible person. The
Secretary shall adjust the payment withheld, when necessary, on the
basis of the proof the Secretary receives.
``(3) In the case of an individual other than an individual
described in paragraph (4), the Secretary may accept the individual's
monthly certification of enrollment in and satisfactory pursuit of a
program of education as sufficient proof of the certified matters.
``(4) In the case of an individual who has received an accelerated
payment of basic educational assistance under section 3014A of this
title during an enrollment period for a program of education, the
Secretary may accept the individual's certification of enrollment in
and satisfactory pursuit of the program of education as sufficient
proof of the certified matters if the certification is submitted after
the enrollment period has ended.''.
(c) Effective Date.--The amendments made by this section shall take
effect October 1, 2002, and shall apply with respect to enrollments in
courses or programs of education or training beginning on or after that
date.

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ADDITIONAL VIETNAM ERA VETERANS.
(a) Active Duty Program.--Section 3011(a)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by adding ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
``(C) as of December 31, 1989, was eligible for educational
assistance benefits under chapter 34 of this title and--
``(i) was not on active duty on October 19, 1984;
``(ii) reenlists or reenters on a period of active duty
on or after October 19, 1984; and
``(iii) on or after July 1, 1985, either--
``(I) serves at least three years of continuous
active duty in the Armed Forces; or
``(II) is discharged or released from active duty
(aa) for a service-connected disability, for a medical
condition which preexisted such service on active duty
and which the Secretary determines is not service
connected, for hardship, or for a physical or mental
condition that was not characterized as a disability,
as described in subparagraph (A)(ii)(I) of this
paragraph, (bb) for the convenience of the Government,
if the individual completed not less than 30 months of
continuous active duty after that date, or (cc)
involuntarily for the convenience of the Government as
a result of a reduction in force, as determined by the
Secretary of the military department concerned in
accordance with regulations prescribed by the Secretary
of Defense or by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as
a service in the Navy;''.
(b) Selected Reserve Program.--Section 3012(a)(1) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by adding ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
``(C) as of December 31, 1989, was eligible for educational
assistance under chapter 34 of this title and--
``(i) was not on active duty on October 19, 1984;
``(ii) reenlists or reenters on a period of active duty
on or after October 19, 1984; and
``(iii) on or after July 1, 1985--
``(I) serves at least two years of continuous
active duty in the Armed Forces, subject to subsection
(b) of this section, characterized by the Secretary
concerned as honorable service; and
``(II) subject to subsection (b) of this section
and beginning within one year after completion of such
two years of service, serves at least four continuous
years in the Selected Reserve during which the
individual participates satisfactorily in training as
prescribed by the Secretary concerned;''.
(c) Time for Use of Entitlement.--Section 3031 is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) in the case of an individual who becomes entitled to such
assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this
title, on the date of the enactment of this paragraph.''; and
(2) in subsection (e)(1), by striking ``section 3011(a)(1)(B)
or 3012(a)(1)(B)'' and inserting ``section 3011(a)(1)(B),
3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C)''.

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ASSISTANCE FOR ELIGIBILITY FOR BENEFITS UNDER THE
MONTGOMERY GI BILL.
(a) In General.--Sections 3011(c)(3)(B) and 3012(d)(3)(B) are each
amended by striking ``$2,000'' and inserting ``$3,400''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to educational assistance allowances paid under
chapter 30 of title 38, United States Code, for months beginning after
the date of the enactment of this Act.

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(a) Five-Year Expansion of Qualifying Work-Study Activities.--
Subsection (a) of section 3485 is amended to read as follows:
``(a)(1) Individuals utilized under the authority of subsection (b)
shall be paid an additional educational assistance allowance
(hereinafter in this section referred to as `work-study allowance').
Such allowance shall be paid in return for an individual's entering
into an agreement described in paragraph (3).
``(2) Such work-study allowance shall be paid in an amount equal to
the product of--
``(A) the applicable hourly minimum wage; and
``(B) the number of hours worked during the applicable period.
``(3) An agreement described in this paragraph is an agreement of
an individual to perform services, during or between periods of
enrollment, aggregating not more than a number of hours equal to 25
times the number of weeks in the semester or other applicable
enrollment period, required in connection with a qualifying work-study
activity.
``(4) For the purposes of this section, the term `qualifying work-
study activity' means any of the following:
``(A) The outreach services program under subchapter II of
chapter 77 of this title as carried out under the supervision of a
Department employee or, during the five-year period beginning on
the date of the enactment of the Veterans Education and Benefits
Expansion Act of 2001, outreach services to servicemembers and
veterans furnished by employees of a State approving agency.
``(B) The preparation and processing of necessary papers and
other documents at educational institutions or regional offices or
facilities of the Department.
``(C) The provision of hospital and domiciliary care and
medical treatment under chapter 17 of this title, including, during
the five-year period beginning on the date of the enactment of the
Veterans Education and Benefits Expansion Act of 2001, the
provision of such care to veterans in a State home for which
payment is made under section 1741 of this title.
``(D) Any other activity of the Department as the Secretary
determines appropriate.
``(E) In the case of an individual who is receiving educational
assistance under chapter 1606 of title 10, an activity relating to
the administration of that chapter at Department of Defense, Coast
Guard, or National Guard facilities.
``(F) During the five-year period beginning on the date of the
enactment of the Veterans Education and Benefits Expansion Act of
2001, an activity relating to the administration of a national
cemetery or a State veterans' cemetery.
``(5) An individual may elect, in a manner prescribed by the
Secretary, to be paid in advance an amount equal to 40 percent of the
total amount of the work-study allowance agreed to be paid under the
agreement in return for the individual's agreement to perform the
number of hours of work specified in the agreement (but not more than
an amount equal to 50 times the applicable hourly minimum wage).
``(6) For the purposes of this subsection and subsection (e), the
term `applicable hourly minimum wages' means--
``(A) the hourly minimum wage under section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
``(B) the hourly minimum wage under comparable law of the State
in which the services are to be performed, if such wage is higher
than the wage referred to in subparagraph (A) and the Secretary has
made a determination to pay such higher wage.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to agreements entered into under section 3485 of title 38,
United States Code, on or after the date of the enactment of this Act.

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ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS
WITH TOTAL SERVICE-CONNECTED DISABILITIES.
(a) Designation of Eligibility.--Section 3501(a)(1)(D) is amended--
(1) by inserting ``(i)'' after ``(D)''; and
(2) by inserting ``(ii)'' after ``or''.
(b) Restatement and Expansion of Treatment of Use of Eligibility.--
(1) Section 3511 is amended by adding at the end the following new
subsection:
``(c) Any entitlement used by an eligible person as a result of
eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or
3501(a)(1)(D)(i) of this title shall be deducted from any entitlement
to which such person may subsequently be entitled under this
chapter.''.
(2) Section 3512 is amended by striking subsection (g).
(c) Delimiting Period.--(1) Section 3511(a)(1) is amended by adding
at the end the following new sentence: ``In no event may the aggregate
educational assistance afforded to a spouse made eligible under both
3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45
months.''.
(2) Paragraph (1) of section 3512(b) is amended to read as follows:
``(1)(A) Except as provided in subparagraph (B), a person made
eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title
may be afforded educational assistance under this chapter during the
10-year period beginning on the date (as determined by the Secretary)
the person becomes an eligible person within the meaning of section
3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this title. In
the case of a surviving spouse made eligible by clause (ii) of section
3501(a)(1)(D) of this title, the 10-year period may not be reduced by
any earlier period during which the person was eligible for educational
assistance under this chapter as a spouse made eligible by clause (i)
of that section.
``(B) Notwithstanding subparagraph (A), an eligible person referred
to in that subparagraph may, subject to the Secretary's approval, elect
a later beginning date for the 10-year period than would otherwise be
applicable to the person under that subparagraph. The beginning date so
elected may be any date between the beginning date determined for the
person under subparagraph (A) and whichever of the following dates
applies:
``(i) The date on which the Secretary notifies the veteran from
whom eligibility is derived that the veteran has a service-
connected total disability permanent in nature.
``(ii) The date on which the Secretary determines that the
veteran from whom eligibility is derived died of a service-
connected disability.''.
(3) Section 3512(b) is further amended by striking paragraph (3).
(4) The amendments made by this subsection shall apply with respect
to any determination (whether administrative or judicial) of the
eligibility of a spouse or surviving spouse for educational assistance
under chapter 35 of title 38, United States Code, made on or after the
date of the enactment of this Act, whether pursuant to an original
claim for such assistance or pursuant to a reapplication or attempt to
reopen or readjudicate a claim for such assistance.

bfebe1ca90072d8c680df9b379b12e73f0de479e44b46b4922bd5dd22ba2b6f8

DISABLED SPOUSES OR SURVIVING SPOUSES.
(a) In General.--Section 3540 is amended by striking ``section
3501(a)(1)(A) of this title'' and inserting ``subparagraphs (A), (B),
and (D) of section 3501(a)(1) of this title''.
(b) Conforming Amendments.--(1) Section 3541(a) is amended in the
matter preceding paragraph (1) by striking ``of the parent or
guardian''.
(2) Section 3542(a) is amended--
(A) by striking ``the parent or guardian shall be entitled to
receive on behalf of such person'' and inserting ``the eligible
person shall be entitled to receive''; and
(B) by striking ``upon election by the parent or guardian of
the eligible person'' and inserting ``upon election by the eligible
person''.
(3) The second sentence of section 3543(a) is amended by striking
``the parent or guardian for the training provided to an eligible
person'' and inserting ``for the training provided to the eligible
person''.
(4) Section 3543 is amended by adding at the end the following new
subsection:
``(c) In a case in which the Secretary authorizes training under
section 3541(a) of this title on behalf of an eligible person, the
parent or guardian shall be entitled--
``(1) to receive on behalf of the eligible person the special
training allowance provided for under section 3542(a) of this
title;
``(2) to elect an increase in the basic monthly allowance
provided for under such section; and
``(3) to agree with the Secretary on the fair and reasonable
amounts which may be charged under subsection (a).''.

95674b52a642fafb87009383ebbcd01a82ac157bdc6b961044f20762824b2cb7

DEFINITION OF EDUCATIONAL INSTITUTION.
(a) In General.--Sections 3452(c) and 3501(a)(6) are each amended
by adding at the end the following new sentence: ``Such term also
includes any private entity (that meets such requirements as the
Secretary may establish) that offers, either directly or under an
agreement with another entity (that meets such requirements), a course
or courses to fulfill requirements for the attainment of a license or
certificate generally recognized as necessary to obtain, maintain, or
advance in employment in a profession or vocation in a high technology
occupation (as determined by the Secretary).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to enrollments in courses beginning on or after the date of the
enactment of this Act.

1c5ad6cb3c9b92835a4295511bce996460884bf35e683478534e1745fee04505

(a) In General.--Subsection (a)(4) of section 3680A is amended--
(1) by inserting ``(A)'' after ``leading''; and
(2) by inserting before the period the following: ``, or (B) to
a certificate that reflects educational attainment offered by an
institution of higher learning''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to enrollments in independent study courses beginning on or after
the date of the enactment of this Act.

a0da79ca2ee1d98ee764af83e8938c1f002dc5b2446eae580bc42007d6261fb8

SERVICE-CONNECTION FOR HERBICIDE-RELATED DISABILITIES OF
VIETNAM VETERANS.
(a) Presumptive Period for Respiratory Cancers.--(1)(A)
Subparagraph (F) of subsection (a)(2) of section 1116 is amended by
striking ``within 30 years'' and all that follows through ``May 7,
1975''.
(B) The amendment made by subparagraph (A) shall take effect
January 1, 2002.
(2) The Secretary of Veterans Affairs shall enter into a contract
with the National Academy of Sciences, not later than six months after
the date of the enactment of this Act, for the performance of a study
to include a review of all available scientific literature on the
effects of exposure to an herbicide agent containing dioxin on the
development of respiratory cancers in humans and whether it is possible
to identify a period of time after exposure to herbicides after which a
presumption of service-connection for such exposure would not be
warranted. Under the contract, the National Academy of Sciences shall
submit a report to the Secretary setting forth its conclusions. The
report shall be submitted not later than 18 months after the contract
is entered into.
(3) For a period of six months beginning on the date of the receipt
of the report of the National Academy of Sciences under paragraph (2),
the Secretary may, if warranted by clear scientific evidence presented
in the National Academy of Sciences report, initiate a rulemaking under
which the Secretary would specify a limit on the number of years after
a claimant's departure from Vietnam after which respiratory cancers
would not be presumed to have been associated with the claimant's
exposure to herbicides while serving in Vietnam. Any such limit under
such a rule may not take effect until 120 days have passed after the
publication of a final rule to impose such a limit.
(4)(A) Subject to subparagraphs (B) and (C), if the Secretary
imposes such a limit under paragraph (3), that limit shall be effective
only as to claims filed on or after the effective date of that limit.
(B) In the case of any veteran whose disability or death due to
respiratory cancer is found by the Secretary to be service-connected
under section 1116(a)(2)(F) of title 38, United States Code, as amended
by paragraph (1), such disability or death shall remain service-
connected for purposes of all provisions of law under such title
notwithstanding the imposition, if any, of a time limit by the
Secretary by rulemaking authorized under paragraph (3).
(C) Subaragraph (B) does not apply in a case in which--
(i) the original award of compensation or service connection
was based on fraud; or
(ii) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge.
(b) Presumption That Diabetes Mellitus (Type 2) Is Service-
Connected.--Subsection (a)(2) of section 1116 is further amended by
adding at the end the following new subparagraph:
``(H) Diabetes Mellitus (Type 2).''.
(c) Presumption of Exposure to Herbicide Agents in Vietnam During
Vietnam Era.--(1) Section 1116 is further amended--
(A) by transferring paragraph (3) of subsection (a) to the end
of the section and redesignating such paragraph, as so transferred,
as subsection (f);
(B) by redesignating paragraph (4) of subsection (a) as
paragraph (3); and
(C) in subsection (f), as transferred and redesignated by
subparagraph (A) of this paragraph--
(i) by striking ``For the purposes of this subsection, a
veteran'' and inserting ``For purposes of establishing service
connection for a disability or death resulting from exposure to
a herbicide agent, including a presumption of service-
connection under this section, a veteran''; and
(ii) by striking ``and has a disease referred to in
paragraph (1)(B) of this subsection''.
(2)(A) The heading of that section is amended to read as follows:
``Sec. 1116. Presumptions of service connection for diseases associated
with exposure to certain herbicide agents; presumption of
exposure for veterans who served in the Republic of
Vietnam''.
(B) The item relating to that section in the table of sections at
the beginning of chapter 11 is amended to read as follows:
``1116. Presumptions of service connection for diseases associated with
exposure to certain herbicide agents; presumption of exposure
for veterans who served in the Republic of Vietnam.''.
(d) Extension of Authority To Presume Service-Connection for
Additional Diseases.--(1) Subsection (e) of such section is amended by
striking ``10 years'' and all that follows through ``Agent Orange Act
of 1991'' and inserting ``on September 30, 2015''.
(2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C. 1116
note) is amended by striking ``10 years'' and all that follows and
inserting ``on October 1, 2014.''.

1f341263088b302d10bdfc72cc926150bf391ff3f0131297ece3083a444a784b

CERTAIN CHRONIC DISABILITIES.
(a) Illnesses That Cannot Be Clearly Defined.--(1) Subsection (a)
of section 1117 is amended to read as follows:
``(a)(1) The Secretary may pay compensation under this subchapter
to a Persian Gulf veteran with a qualifying chronic disability that
became manifest--
``(A) during service on active duty in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf War;
or
``(B) to a degree of 10 percent or more during the presumptive
period prescribed under subsection (b).
``(2) For purposes of this subsection, the term `qualifying chronic
disability' means a chronic disability resulting from any of the
following (or any combination of any of the following):
``(A) An undiagnosed illness.
``(B) A medically unexplained chronic multisymptom illness
(such as chronic fatigue syndrome, fibromyalgia, and irritable
bowel syndrome) that is defined by a cluster of signs or symptoms.
``(C) Any diagnosed illness that the Secretary determines in
regulations prescribed under subsection (d) warrants a presumption
of service-connection.''.
(2) Subsection (c)(1) of such section is amended--
(A) in the matter preceding subparagraph (A), by striking ``for
an undiagnosed illness (or combination of undiagnosed illnesses)'';
and
(B) in subparagraph (A), by striking ``for such illness (or
combination of illnesses)''.
(b) Signs or Symptoms That May Indicate Undiagnosed Illnesses.--(1)
Such section is further amended by adding at the end the following new
subsection:
``(g) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness or a chronic multisymptom
illness include the following:
``(1) Fatigue.
``(2) Unexplained rashes or other dermatological signs or
symptoms.
``(3) Headache.
``(4) Muscle pain.
``(5) Joint pain.
``(6) Neurological signs and symptoms.
``(7) Neuropsychological signs or symptoms.
``(8) Signs or symptoms involving the upper or lower
respiratory system.
``(9) Sleep disturbances.
``(10) Gastrointestinal signs or symptoms.
``(11) Cardiovascular signs or symptoms.
``(12) Abnormal weight loss.
``(13) Menstrual disorders.''.
(2) Section 1118(a) is amended by adding at the end the following
new paragraph:
``(4) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness include the signs and symptoms
listed in section 1117(g) of this title.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on March 1, 2002.
(d) Clarification of Authority To Presume Service-Connection for
Additional Diseases.--(1) Sections 1117(c)(2) and 1118(e) are each
amended by striking ``10 years'' and all that follows through ``of
1998'' and inserting ``on September 30, 2011''.
(2) Section 1603(j) of the Persian Gulf War Veterans Act of 1998
(38 U.S.C. 1117 note) is amended by striking ``10 years'' and all that
follows and inserting ``on October 1, 2010.''.

747f289a2c5816a47ad36a86dd706839753c47c214ee98e90e540618c7025ae2

TO PROVIDE FOR PARTICIPATION IN RESEARCH PROJECTS BY
PERSIAN GULF WAR VETERANS.
(a) Authority for Secretary To Provide for Participation Without
Loss of Benefits.--Section 1117 is amended by adding after subsection
(g), as added by section 202(b), the following new subsection:
``(h)(1) If the Secretary determines with respect to a medical
research project sponsored by the Department that it is necessary for
the conduct of the project that Persian Gulf veterans in receipt of
compensation under this section or section 1118 of this title
participate in the project without the possibility of loss of service
connection under either such section, the Secretary shall provide that
service connection granted under either such section for disability of
a veteran who participated in the research project may not be
terminated. Except as provided in paragraph (2), nothwithstanding any
other provision of law any grant of service-connection protected under
this subsection shall remain service-connected for purposes of all
provisions of law under this title.
``(2) Paragraph (1) does not apply in a case in which--
``(A) the original award of compensation or service connection
was based on fraud; or
``(B) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge.
``(3) The Secretary shall publish in the Federal Register a list of
medical research projects sponsored by the Department for which service
connection granted under this section or section 1118 of this title may
not be terminated pursuant to paragraph (1).''.
(b) Effective Date.--The authority provided by subsection (h) of
section 1117 of title 38, United States Code, as added by subsection
(a), may be used by the Secretary of Veterans Affairs with respect to
any medical research project of the Department of Veterans Affairs,
whether commenced before, on, or after the date of the enactment of
this Act.

36c2ca2c6a5d87ca2c311cc7267b548f127c1e55fb4f8f99d3b4aa3b1a802823

INSTITUTIONALIZED VETERANS.
(a) Repeal.--Section 5503 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(b) Conforming Amendments.--(1) Section 1114(r) is amended by
striking ``section 5503(e)'' and inserting ``section 5503(c)''.
(2) Section 5112 is amended by striking subsection (c).

dd10c73b33ea6f3d97a47d125b14c3b7dec6301afb886bf617ae7ae8dcc194dd

LIVING ADJUSTMENTS.
Sections 1104(a) and 1303(a) are amended by striking ``2002'' and
inserting ``2011''.

06509bbaa5820cedb4ef264987e87b79241e932d559fa7d3545ce57b4fb16c9b

FOR VETERANS APPLYING FOR NONSERVICE-CONNECTED PENSION.
(a) In General.--Section 1502(a) is amended by striking ``such a
person'' and all that follows through the end of the subsection and
inserting the following: ``such person is any of the following:
``(1) A patient in a nursing home for long-term care because of
disability.
``(2) Disabled, as determined by the Commissioner of Social
Security for purposes of any benefits administered by the
Commissioner.
``(3) Unemployable as a result of disability reasonably certain
to continue throughout the life of the person.
``(4) Suffering from--
``(A) any disability which is sufficient to render it
impossible for the average person to follow a substantially
gainful occupation, but only if it is reasonably certain that
such disability will continue throughout the life of the
person; or
``(B) any disease or disorder determined by the Secretary
to be of such a nature or extent as to justify a determination
that persons suffering therefrom are permanently and totally
disabled.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 17, 2001.

9011c376a6352ac98bf5bb624a356b620486d266709816686f03a867f4565db0

VETERANS' PENSION BENEFITS.
(a) In General.--(1) Subchapter II of chapter 15 is amended by
inserting after section 1512 the following new section:
``Sec. 1513. Veterans 65 years of age and older
``(a) The Secretary shall pay to each veteran of a period of war
who is 65 years of age or older and who meets the service requirements
of section 1521 of this title (as prescribed in subsection (j) of that
section) pension at the rates prescribed by 1521 of this title and
under the conditions (other than the permanent and total disability
requirement) applicable to pension paid under that section.
``(b) If a veteran is eligible for pension under both this section
and section 1521 of this title, pension shall be paid to the veteran
only under section 1521 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1512 the
following new item:
``1513. Veterans 65 years of age and older.''.
(b) Conforming Amendments.--(1) Section 1521(f)(1) is amended by
inserting ``or the age and service requirements prescribed in section
1513 of this title,'' after ``of this section,''.
(2) Section 1522(a) is amended by inserting ``1513 or'' after
``under section''.
(c) Effective Date.--The amendments made by this section shall take
effect as of September 17, 2001.

dacf6691d87e0b29a9aa38acfd9688416ac94f37972c14662557dc75ccec6c9f

TO EXPAND TRANSITION ASSISTANCE.
Section 7723(a) is amended by inserting after the first sentence
the following new sentence: ``The Secretary may maintain such offices
on such military installations located elsewhere as the Secretary,
after consultation with the Secretary of Defense, determines to be
necessary to carry out such purposes.''.

599a0159072cbf287431c87b81eeaf0f66f52041142899032d5d5f545c6640b0

(a) In General.--(1) The first sentence of section 1142(a)(1) of
title 10, United States Code, is amended to read as follows: ``Within
the time periods specified in paragraph (3), the Secretary concerned
shall (except as provided in paragraph (4)) provide for individual
preseparation counseling of each member of the armed forces whose
discharge or release from active duty is anticipated as of a specific
date.''.
(2) Such section is further amended by adding at the end the
following new paragraphs:
``(3)(A) In the case of an anticipated retirement, preseparation
counseling shall commence as soon as possible during the 24-month
period preceding the anticipated retirement date. In the case of a
separation other than a retirement, preseparation counseling shall
commence as soon as possible during the 12-month period preceding the
anticipated date. Except as provided in subparagraph (B), in no event
shall preseparation counseling commence later than 90 days before the
date of discharge or release.
``(B) In the event that a retirement or other separation is
unanticipated until there are 90 or fewer days before the anticipated
retirement or separation date, preseparation counseling shall begin as
soon as possible within the remaining period of service.
``(4)(A) Subject to subparagraph (B), the Secretary concerned shall
not provide preseparation counseling to a member who is being
discharged or released before the completion of that member's first 180
days of active duty.
``(B) Subparagraph (A) shall not apply in the case of a member who
is being retired or separated for disability.''.
(b) Conforming Amendment.--The second sentence of section
1144(a)(1) of title 10, United States Code, is amended by striking
``during the 180-day period'' and all that follows and inserting
``within the time periods provided under paragraph (3) of section
1142(a) of this title, except that the Secretary concerned shall not
provide preseparation counseling to a member described in paragraph
(4)(A) of such section.''.

c52268a2984cf5bed3b5f9651cf6b1a0490466ec1aada2d68a247c26acd57e93

SEPARATING SERVICEMEMBERS AND VETERANS.
(a) Providing Outreach Through State Approving Agencies.--Section
3672(d) is amended by inserting ``and State approving agencies'' before
``shall actively promote the development of programs of training on the
job''.
(b) Additional Duty.--Such section is further amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) In conjunction with outreach services provided by the
Secretary under chapter 77 of this title for education and training
benefits, each State approving agency shall conduct outreach programs
and provide outreach services to eligible persons and veterans about
education and training benefits available under applicable Federal and
State law.''.

031eaa4ae9558f07cc9a8aaca54dbc17656b38ab7a4dd4affc8acc0795691e4c

Section 7722(c) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) Whenever a veteran or dependent first applies for any benefit
under laws administered by the Secretary (including a request for
burial or related benefits or an application for life insurance
proceeds), the Secretary shall provide to the veteran or dependent
information concerning benefits and health care services under programs
administered by the Secretary. Such information shall be provided not
later than three months after the date of such application.''.

58471cffb257592f0d9845faba8ea0b4ebce4ce50111a39dc2e6c66f98960228

PURCHASE OF HOMES.
Section 3703(a)(1) is amended by striking ``$50,750'' each place it
appears in subparagraphs (A)(i)(IV) and (B) and inserting ``$60,000''.

971cb43004bd3f4726264c7f39a1a978533d12164bfac02ca4252c45e8da526c

(a) Extension of Pilot Program.--Section 3761(c) is amended by
striking ``December 31, 2001'' and inserting ``December 31, 2005''.
(b) Authorization of the Use of Certain Federal Memorandums of
Understanding.--Section 3762(a)(1) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``and'' after the semicolon and inserting
``or''; and
(3) by adding at the end the following:
``(B) the tribal organization that has jurisdiction over the
veteran has entered into a memorandum of understanding with any
department or agency of the United States with respect to direct
housing loans to Native Americans that the Secretary determines
substantially complies with the requirements of subsection (b);
and''.
(c) Extension of Annual Report.--Section 3762(j) is amended by
striking ``2002'' and inserting ``2006''.

3a5abae8086c18e568cec6f09a2c91c44b31f3c505d690d0c66c6831537a616c

Section 3714(d) is amended to read as follows:
``(d) With respect to a loan guaranteed, insured, or made under
this chapter, the Secretary shall provide, by regulation, that at least
one instrument evidencing either the loan or the mortgage or deed of
trust therefor, shall conspicuously contain, in such form as the
Secretary shall specify, a notice in substantially the following form:
`This loan is not assumable without the approval of the Department of
Veterans Affairs or its authorized agent'.''.

68c019ba2457e0d8c4906e12c9a7fe38546aa06733c50883a61f40fea0382700

Section 2102 is amended--
(1) in the matter preceding paragraph (1) of subsection (a), by
striking ``$43,000'' and inserting ``$48,000''; and
(2) in subsection (b)(2), by striking ``$8,250'' and inserting
``$9,250''.

dc8736107e86be52ae3969e55624e05a94535eb92035f90dc21040ebe1cabbc3

(a) Housing Loans for Members of the Selected Reserve.--Section
3702(a)(2)(E) is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2009''.
(b) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2011''.
(c) Home Loan Fee Authorities.--The table in section 3729(b)(2) is
amended by striking ``October 1, 2008'' each place it appears and
inserting ``October 1, 2011''.
(d) Procedures Applicable to Liquidation Sales on Defaulted Home
Loans Guaranteed by the Department of Veterans Affairs.--Section
3732(c)(11) is amended by striking ``October 1, 2008'' and inserting
``October 1, 2011''.

80310a45883fbafa707de457d620133cddd0899119a62cbda4ee71543eb91762

THE SELECTED RESERVE FOR HOUSING LOANS.
Section 3729(b)(4)(B) is amended by inserting before the period the
following: ``who is eligible under section 3702(a)(2)(E) of this
title''.

f294d15a3b10bc08fee8339ce76d02791cae0a2d325bb255ffd4f105bc6d2c32

(a) Burial and Funeral Expenses.--(1) Clause (1) of section 2307 is
amended by striking ``$1,500'' and inserting ``$2,000''.
(2) The amendment made by paragraph (1) shall apply to deaths
occurring on or after September 11, 2001.
(b) Plot Allowance.--(1) Section 2303(b) is amended by striking
``$150'' each place it appears and inserting ``$300''.
(2) The amendments made by paragraph (1) shall apply to deaths
occurring on or after December 1, 2001.

42942d82577d7b9be9b2666c72e995b038331f64f08aa909f6da054b683b04d7

(a) Government Marker Benefit.--Section 2306 of title 38, United
States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) The Secretary shall furnish, when requested, an
appropriate Government marker at the expense of the United States for
the grave of an individual described in paragraph (2) or (5) of
subsection (a) who is buried in a private cemetery, notwithstanding
that the grave is marked by a headstone or marker furnished at private
expense. Such a marker may be furnished only if the individual making
the request for the Government marker certifies to the Secretary that
the marker will be placed on the grave for which the marker is
requested.
``(2) Any marker furnished under this subsection shall be delivered
by the Secretary directly to the cemetery where the grave is located.
``(3) The authority to furnish a marker under this subsection
expires on December 31, 2006.
``(4) Not later than February 1, 2006, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the use of the authority under this
subsection. The report shall include the following:
``(A) The rate of use of the benefit under this subsection,
shown by fiscal year.
``(B) An assessment as to the extent to which markers furnished
under this subsection are being delivered to cemeteries and placed
on grave sites consistent with the provisions of this subsection.
``(C) The Secretary's recommendation for extension or repeal of
the expiration date specified in paragraph (3).''.
(b) Design of Marker.--Subsection (c) of such section is amended by
striking ``subsection (a) or (b)'' and inserting ``subsection (a), (b),
or (d)''.
(c) Cross Reference Correction.--Subsection (a)(5) of such section
is amended by striking ``chapter 67'' and inserting ``chapter 1223''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to markers for the graves of individuals dying
on or after the date of the enactment of this Act.

5ec26207f75f07394b3ba520d45c49916e29b95bb14802ea69e4cf8f3402079b

EQUIPMENT FOR CERTAIN DISABLED VETERANS.
Section 3902(a) is amended by striking ``$8,000'' and inserting
``$9,000''.

0366e80833a4790adba0af1354587134c6ba0b617bcc92a5d6530715c50ebece

MEDICAID-COVERED NURSING HOME CARE.
Paragraph (7) of subsection (d) of section 5503, as redesignated by
section 204(a), is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2011''.

fc55d9a42cdcab92fb2da5c67cfa23446444716e06265e3b05d0aebc4c0dbe24

PERSONS WHO ARE FUGITIVE FELONS.
(a) Prohibition.--(1) Chapter 53 is amended by inserting after
section 5313A the following new section:
``Sec. 5313B. Prohibition on providing certain benefits with respect to
persons who are fugitive felons
``(a) A veteran who is otherwise eligible for a benefit specified
in subsection (c) may not be paid or otherwise provided such benefit
for any period during which such veteran is a fugitive felon. A
dependent of a veteran who is otherwise eligible for a benefit
specified in subsection (c) may not be paid or otherwise provided such
benefit for any period during which such veteran or such dependent is a
fugitive felon.
``(b) For purposes of this section:
``(1) The term `fugitive felon' means a person who is a
fugitive by reason of--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, for an offense, or an attempt to
commit an offense, which is a felony under the laws of the
place from which the person flees; or
``(B) violating a condition of probation or parole imposed
for commission of a felony under Federal or State law.
``(2) The term `felony' includes a high misdemeanor under the
laws of a State which characterizes as high misdemeanors offenses
that would be felony offenses under Federal law.
``(3) The term `dependent' means a spouse, surviving spouse,
child, or dependent parent of a veteran.
``(c) A benefit specified in this subsection is a benefit under any
of the following:
``(1) Chapter 11 of this title.
``(2) Chapter 13 of this title.
``(3) Chapter 15 of this title.
``(4) Chapter 17 of this title.
``(5) Chapter 19 of this title.
``(6) Chapter 30, 31, 32, 34, or 35 of this title.
``(7) Chapter 37 of this title.
``(d)(1) The Secretary shall furnish to any Federal, State, or
local law enforcement official, upon the written request of such
official, the most current address maintained by the Secretary of a
person who is eligible for a benefit specified in subsection (c) if
such official--
``(A) provides to the Secretary such information as the
Secretary may require to fully identify the person;
``(B) identifies the person as being a fugitive felon; and
``(C) certifies to the Secretary that apprehending such person
is within the official duties of such official.
``(2) The Secretary shall enter into memoranda of understanding
with Federal law enforcement agencies, and may enter into agreements
with State and local law enforcement agencies, for purposes of
furnishing information to such agencies under paragraph (1).''.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 5313A the
following new item:
``5313B. Prohibition on providing certain benefits with respect to
persons who are fugitive felons.''.
(b) Sense of Congress on Entry Into Memoranda of Understanding and
Agreements.--It is the sense of Congress that the memoranda of
understanding and agreements referred to in section 5313B(d)(2) of
title 38, United States Code (as added by subsection (a)), should be
entered into as soon as practicable after the date of the enactment of
this Act, but not later than six months after that date.

2d7d8e725652cb45ac85b2161038c14cfe5cbbb91a2628ed6ba52072467556c1

INCARCERATED SINCE OCTOBER 7, 1980.
(a) Limitation.--Section 5313 of title 38, United States Code,
other than subsection (d) of that section, shall apply with respect to
the payment of compensation to or with respect to any veteran described
in subsection (b).
(b) Covered Veterans.--A veteran described in this subsection is a
veteran who is entitled to compensation and who--
(1) on October 7, 1980, was incarcerated in a Federal, State,
or local penal institution for a felony committed before that date;
and
(2) remains so incarcerated for conviction of that felony as of
the date of the enactment of this Act.
(c) Effective Date.--This section shall apply with respect to the
payment of compensation for months beginning on or after the end of the
90-day period beginning on the date of the enactment of this Act.
(d) Compensation Defined.--For purposes of this section, the term
``compensation'' has the meaning given that term in section 5313 of
title 38, United States Code.

de7080b682c883b103b886938cb26b0a95e5397af336992191f5d8417caeb9a8

APPEAL TO THE SECRETARY OF VETERANS AFFAIRS.
(a) Repeal.--Section 7266 is amended by striking subsection (b).
(b) Conforming Amendments.--Such section is further amended--
(1) by striking ``(1)'' after ``(a)'';
(2) by redesignating paragraph (2) as subsection (b);
(3) by redesignating paragraph (3) as subsection (c) and
redesignating subparagraphs (A) and (B) thereof as paragraphs (1)
and (2); and
(4) by redesignating paragraph (4) as subsection (d) and by
striking ``paragraph (3)(B)'' therein and inserting ``subsection
(c)(2)''.

8aa75e8626e7196daf3ac85eba7e400efb3d60bf259884eb82239848f8dc8b87

PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE.
(a) Increase in Limitation.--Section 3120(e) is amended by striking
``five hundred'' and inserting ``2,500''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 30, 2001.

9a1aa531901a2188119256d85f620f99abbfe8d5b36bc0a16af41318bb1e71d4

(a) Repeal of Expired Provision.--(1) Section 712 is repealed.
(2) The table of sections at the beginning of chapter 7 is amended
by striking the item relating to section 712.
(b) Correction of Word Omission.--Section 1710B(c)(2)(B) is amended
by inserting ``on'' before ``November 30, 1999''.
(c) Repeal of Erroneous Cross Reference.--Section 1729B(b) is
amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs
(1), (2), and (3), respectively.
(d) Correction of Cross Reference.--Section 3695(a)(5) is amended
by striking ``1610'' and inserting ``1611''.
(e) Stylistic Correction.--Section 1001(a)(2) of the Veterans'
Benefits Improvements Act of 1994 (Public Law 103-446; 38 U.S.C. 7721
note) is amended by striking ``and'' at the end of subparagraph (C).
(f) Correction of Previous Amendment.--Effective November 30, 1999,
and as if included therein as originally enacted, section 204(e)(3) of
the Veterans Millennium Health Care and Benefits Act (Public Law 106-
117; 113 Stat. 1563) is amended by striking ``and inserting `a';'' and
inserting ``the first place it appears and inserting `an';''.

0cefe6f443edd8697a6c885664193b294c7f516af1abde3da2b48bc56d097225

EXPANSION OF THE COURT.
(a) In General.--Section 7253 is amended by adding at the end the
following new subsection:
``(h) Temporary Expansion of Court.--(1) During the period from
January 1, 2002, through August 15, 2005, the authorized number of
judges of the Court specified in subsection (a) is increased by two.
``(2)(A) Of the two additional judges authorized by this
subsection--
``(i) only one may be appointed pursuant to a nomination made
in 2002; and
``(ii) only one may be appointed pursuant to a nomination made
in 2003.
``(B) If a judge is not appointed under this subsection pursuant to
a nomination made in 2002, a judge may be appointed under this
subsection pursuant to a nomination made in 2004. If a judge is not
appointed under this subsection pursuant to a nomination made in 2003,
a judge may be appointed under this subsection pursuant to a nomination
made in 2004. In either case, such an appointment may be made only
pursuant to a nomination made before October 1, 2004.
``(3) The term of office and the eligibility for retirement of a
judge appointed under this subsection, other than a judge described in
paragraph (4), are governed by the provisions of section 1012 of the
Court of Appeals for Veterans Claims Amendments of 1999 (title X of
Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge
is one of the first two judges appointed to the Court after November
30, 1999.
``(4) A judge of the Court as of the date of the enactment of this
subsection who was appointed to the Court before January 1, 1991, may
accept appointment as a judge of the Court under this subsection
notwithstanding that the term of office of the judge on the Court has
not yet expired under this section. The term of office of an incumbent
judge who receives an appointment as described in the preceding
sentence shall be 15 years, which includes any period remaining in the
unexpired term of the judge. Any service following an appointment under
this subsection shall be treated as though served as part of the
original term of office of that judge on the Court.
``(5) Notwithstanding paragraph (1), an appointment may not be made
to the Court if the appointment would result in there being more than
seven judges on the Court who were appointed after January 1, 1997. For
the purposes of this paragraph, a judge serving in recall status under
section 7257 of this title shall be disregarded in counting the number
of judges appointed to the Court after such date.''.
(b) Stylistic Amendments.--That section is further amended--
(1) in subsection (b), by inserting ``Appointment.--'' before
``The judges'';
(2) in subsection (c), by inserting ``Term of Office.--''
before ``The term'';
(3) in subsection (f), by striking ``(f)(1)'' and inserting
``(f) Removal.--(1)''; and
(4) in subsection (g), by striking ``(g)(1)'' and inserting
``(g) Rules.--(1)'.

9a4ab4febaadfeb421d75ee43102e1a13667e0c0a1076c1e770751818d57c1c1

OF REAPPOINTMENT AS CONDITION TO RETIREMENT FROM THE
COURT.
Section 7296(b)(2) is amended by striking the second sentence.

a2d20955c1e93721cd13b6c890269c8a6947410c0290a87f6447ceafed97c0b3

REQUIREMENT FOR THE COURT.
(a) Termination.--Section 402 of the Veterans' Judicial Review Act
(division A of Public Law 100-687; 102 Stat. 4122; 38 U.S.C. 7251 note)
is repealed.
(b) Attorney Fees.--Section 403 of the Veterans' Judicial Review
Act (102 Stat. 4122; 38 U.S.C. 5904 note) is repealed.
(c) Construction.--The repeal in subsection (a) may not be
construed to confer upon the United States Court of Appeals for
Veterans Claims jurisdiction over any appeal or other matter not within
the jurisdiction of the Court as provided in section 7266(a) of title
38, United States Code.
(d) Applicability.--The repeals made by subsections (a) and (b)
shall apply to any appeal filed with the United States Court of Appeals
for Veterans Claims--
(1) on or after the date of the enactment of this Act; or
(2) before the date of the enactment of this Act but in which a
final decision has not been made under section 7291 of title 38,
United States Code, as of that date.

e9668a9d175665eba2d76855b65b49bf5ea925fdd7f5ee773777b1c2e4836e5f

(a) Fees for Court-Sponsored Activities.--Subsection (a) of section
7285 is amended by adding at the end the following new sentence: ``The
Court may also impose a registration fee on persons (other than judges
of the Court) participating at judicial conferences convened pursuant
to section 7286 of this title or in any other court-sponsored
activity.''.
(b) Use of Fees.--Subsection (b) of such section is amended by
striking ``for the purposes of (1)'' and all that follows through the
period and inserting ``for the following purposes:
``(1) Conducting investigations and proceedings, including
employing independent counsel, to pursue disciplinary matters.
``(2) Defraying the expenses of--
``(A) judicial conferences convened pursuant to section
7286 of this title; and
``(B) other activities and programs of the Court that are
intended to support and foster communication and relationships
between the Court and persons practicing before the Court or
the study, understanding, public commemoration, or improvement
of veterans law or of the work of the Court.''.
(c) Clerical Amendments.--(1) The heading for such section is
amended to read as follows:
``Sec. 7285. Practice and registration fees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 72 is amended to read as follows:
``7285. Practice and registration fees.''.

28a58b46d922cbb9e9a05b62d7d2dfca00dfdf6e165acd8c497ad1681d814255

(a) In General.--Subchapter III of chapter 72 is amended by
inserting after section 7286 the following new section:
``Sec. 7287. Administration
``Notwithstanding any other provision of law, the Court of Appeals
for Veterans Claims may exercise, for purposes of management,
administration, and expenditure of funds of the Court, the authorities
provided for such purposes by any provision of law (including any
limitation with respect to such provision of law) applicable to a court
of the United States (as that term is defined in section 451 of title
28), except to the extent that such provision of law is inconsistent
with a provision of this chapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
7286 the following new item:
``7287. Administration.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

9a87d87ce501429c99763a7528f6c6b5855228f11fe4858f65cbf840015f59b5

Veterans' Educational Benefits bill — HR. 1291

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