IV

107TH CONGRESS

1ST SESSION H. RES. 310

Providing for the concurrence by the House with an amendment in the

amendments of the Senate to H.R. 1291.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 11, 2001

Mr. SMITH of New Jersey submitted the following resolution; which was

considered and agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment in the amendments of the Senate to H.R. 1291.

1 Resolved, That, upon the adoption of this resolution,

2 the House shall be considered to have taken from the

3 Speaker’s table the bill H.R. 1291, with the Senate

4 amendments thereto, and to have concurred in the Senate

5 amendment to the title of the bill and to have concurred

6 in the Senate amendment to the text of the bill with the

7 following amendment:

8 In lieu of the matter proposed to be inserted by the

9 amendment of the Senate to the text of the bill, insert

10 the following:
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Veterans Education and Benefits Expansion Act of

4 2001’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—EDUCATIONAL ASSISTANCE PROVISIONS

Sec. 101. Increase in rates of basic educational assistance under Montgomery

GI Bill.

Sec. 102. Increase in rates of survivors’ and dependents’ educational assistance.

Sec. 103. Restoration of certain education benefits of individuals being ordered

to active duty.

Sec. 104. Accelerated payments of educational assistance under Montgomery GI

Bill for education leading to employment in high technology industry.

Sec. 105. Eligibility for Montgomery GI Bill benefits of certain additional Vietnam era veterans.

Sec. 106. Increase in maximum allowable annual Senior ROTC educational assistance for eligibility for benefits under the Montgomery GI

Bill.

Sec. 107. Expansion of work-study opportunities.

Sec. 108. Eligibility for survivors’ and dependents’ educational assistance of

spouses and surviving spouses of veterans with total serviceconnected disabilities.

Sec. 109. Expansion of special restorative training benefit to certain disabled

spouses or surviving spouses.

Sec. 110. Inclusion of certain private technology entities in definition of educational institution.

Sec. 111. Distance education.

TITLE II—COMPENSATION AND PENSION PROVISIONS

Sec. 201. Modification and extension of authorities on presumption of serviceconnection for herbicide-related disabilities of Vietnam veterans.

Sec. 202. Payment of compensation for Persian Gulf War veterans with certain

chronic disabilities.

Sec. 203. Preservation of service connection for undiagnosed illnesses to provide

for participation in research projects by Persian Gulf War veterans.

Sec. 204. Repeal of limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 205. Extension of round-down requirement for compensation cost-of-living

adjustments.
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Sec. 206. Expansion of presumptions of permanent and total disability for veterans applying for nonservice-connected pension.

Sec. 207. Eligibility of veterans 65 years of age or older for veterans’ pension

benefits.

TITLE III—TRANSITION AND OUTREACH PROVISIONS

Sec. 301. Authority to establish overseas veterans assistance offices to expand

transition assistance.

Sec. 302. Timing of preseparation counseling.

Sec. 303. Improvement in education and training outreach services for separating servicemembers and veterans.

Sec. 304. Improvement of veterans outreach programs.

TITLE IV—HOUSING MATTERS

Sec. 401. Increase in home loan guaranty amount for construction and purchase of homes.

Sec. 402. Native American veteran housing loan pilot program.

Sec. 403. Modification of loan assumption notice requirement.

Sec. 404. Increase in assistance amount for specially adapted housing.

Sec. 405. Extension of other housing authorities.

Sec. 406. Clarifying amendment relating to eligibility of members of the Selected Reserve for housing loans.

TITLE V—OTHER MATTERS

Sec. 501. Increase in burial benefits.

Sec. 502. Government markers for marked graves at private cemeteries.

Sec. 503. Increase in amount of assistance for automobile and adaptive equipment for certain disabled veterans.

Sec. 504. Extension of limitation on pension for certain recipients of medicaidcovered nursing home care.

Sec. 505. Prohibition on provision of certain benefits with respect to persons

who are fugitive felons.

Sec. 506. Limitation on payment of compensation for veterans remaining incarcerated since October 7, 1980.

Sec. 507. Elimination of requirement for providing a copy of notice of appeal

to the Secretary of Veterans Affairs.

Sec. 508. Increase in fiscal year limitation on number of veterans in programs

of independent living services and assistance.

Sec. 509. Technical and clerical amendments.

TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 601. Facilitation of staggered terms of judges through temporary expansion of the Court.

Sec. 602. Repeal of requirement for written notice regarding acceptance of reappointment as condition to retirement from the Court.

Sec. 603. Termination of notice of disagreement as jurisdictional requirement

for the Court.

Sec. 604. Registration fees.

Sec. 605. Administrative authorities.
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1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.

7 TITLE I—EDUCATIONAL

8 ASSISTANCE PROVISIONS

9 SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL AS10 SISTANCE UNDER MONTGOMERY GI BILL.

11 (a) IN GENERAL.—(1) Paragraph (1) of section

12 3015(a) is amended to read as follows:

13 ‘‘(1) for an approved program of education pur14 sued on a full-time basis, at the monthly rate of—

15 ‘‘(A) for months beginning on or after

16 January 1, 2002, $800;

17 ‘‘(B) for months occurring during fiscal

18 year 2003, $900;

19 ‘‘(C) for months occurring during fiscal

20 year 2004, $985; and

21 ‘‘(D) for months occurring during a subse22 quent fiscal year, the amount for months occur23 ring during the previous fiscal year increased

24 under subsection (h); or’’.

25 (2) Paragraph (1) of section 3015(b) is amended to

26 read as follows:
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1 ‘‘(1) for an approved program of education pur2 sued on a full-time basis, at the monthly rate of—

3 ‘‘(A) for months beginning on or after

4 January 1, 2002, $650;

5 ‘‘(B) for months occurring during fiscal

6 year 2003, $732;

7 ‘‘(C) for months occurring during fiscal

8 year 2004, $800; and

9 ‘‘(D) for months occurring during a subse10 quent fiscal year, the amount for months occur11 ring during the previous fiscal year increased

12 under subsection (h); or’’.

13 (b) CPI ADJUSTMENT.—No adjustment in rates of

14 educational assistance shall be made under section

15 3015(h) of title 38, United States Code, for fiscal years

16 2003 and 2004.

17 SEC. 102. INCREASE IN RATES OF SURVIVORS’ AND DE18 PENDENTS’ EDUCATIONAL ASSISTANCE.

19 (a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

20 ASSISTANCE.—Section 3532 is amended—

21 (1) in subsection (a)(1)—

22 (A) by striking ‘‘$588’’ and inserting

23 ‘‘$670’’;

24 (B) by striking ‘‘$441’’ and inserting

25 ‘‘$503’’; and
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1 (C) by striking ‘‘$294’’ and inserting

2 ‘‘$335’’;

3 (2) in subsection (a)(2), by striking ‘‘$588’’ and

4 inserting ‘‘$670’’;

5 (3) in subsection (b), by striking ‘‘$588’’ and

6 inserting ‘‘$670’’; and

7 (4) in subsection (c)(2)—

8 (A) by striking ‘‘$475’’ and inserting

9 ‘‘$541’;

10 (B) by striking ‘‘$356’’ and inserting

11 ‘‘$406’’; and

12 (C) by striking ‘‘$238’’ and inserting

13 ‘‘$271’’.

14 (b) CORRESPONDENCE COURSES.—Section 3534(b)

15 is amended by striking ‘‘$588’’ and inserting ‘‘$670’’.

16 (c) SPECIAL RESTORATIVE TRAINING.—Section

17 3542(a) is amended—

18 (1) by striking ‘‘$588’’ and inserting ‘‘$670’’;

19 and

20 (2) by striking ‘‘$184’’ each place it appears

21 and inserting ‘‘$210’’.

22 (d) APPRENTICESHIP TRAINING.—Section

23 3687(b)(2) is amended—

24 (1) by striking ‘‘$428’’ and inserting ‘‘$488’’;

25 (2) by striking ‘‘$320’’ and inserting ‘‘$365’’;
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1 (3) by striking ‘‘$212’’ and inserting ‘‘$242’’;

2 and

3 (4) by striking ‘‘$107’’ and inserting ‘‘$122’’.

4 (e) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect as of January 1, 2002, and

6 shall apply with respect to educational assistance allow7 ances payable under chapter 35 and section 3687(b)(2)

8 of title 38, United States Code, for months beginning on

9 or after that date.

10 SEC. 103. RESTORATION OF CERTAIN EDUCATION BENE11 FITS OF INDIVIDUALS BEING ORDERED TO

12 ACTIVE DUTY.

13 (a) IN GENERAL.—Sections 3013(f)(2)(A),

14 3231(a)(5)(B)(i), and 3511(a)(2)(B)(i) are each amended

15 by striking ‘‘, in connection with the Persian Gulf War,

16 to serve on active duty under section 672 (a), (d), or (g),

17 673, 673b, or 688 of title 10;’’ and inserting ‘‘to serve

18 on active duty under section 688, 12301(a), 12301(d),

19 12301(g), 12302, or 12304 of title 10;’’.

20 (b) INCREASE IN CHAPTER 35 DELIMITING PE21 RIOD.—Section 3512 is amended by adding at the end the

22 following new subsection:

23 ‘‘(h) Notwithstanding any other provision of this sec24 tion, if an eligible person, during the delimiting period oth25 erwise applicable to such person under this section, serves
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1 on active duty pursuant to an order to active duty issued

2 under section 688, 12301(a), 12301(d), 12301(g), 12302,

3 or 12304 of title 10, such person shall be granted an ex4 tension of such delimiting period for the length of time

5 equal to the period of such active duty plus four months.’’.

6 (c) APPLICATION TO CHAPTER 31.—(1) Section 3105

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(e)(1) Notwithstanding any other provision of this

10 chapter or chapter 36 of this title, any payment of a sub11 sistence allowance and other assistance described in para12 graph (2) shall not—

13 ‘‘(A) be charged against any entitlement of any

14 veteran under this chapter; or

15 ‘‘(B) be counted toward the aggregate period

16 for which section 3695 of this title limits an individ17 ual’s receipt of allowance or assistance.

18 ‘‘(2) The payment of the subsistence allowance and

19 other assistance referred to in paragraph (1) is the pay20 ment of such an allowance or assistance for the period

21 described in paragraph (3) to a veteran for participation

22 in a vocational rehabilitation program under this chapter

23 if the Secretary finds that the veteran had to suspend or

24 discontinue participation in such vocational rehabilitation

25 program as a result of being ordered to serve on active
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1 duty under section 688, 12301(a), 12301(d), 12301(g),

2 12302, or 12304 of title 10.

3 ‘‘(3) The period for which, by reason of this sub4 section, a subsistence allowance and other assistance is not

5 charged against entitlement or counted toward the appli6 cable aggregate period under section 3695 of this title

7 shall be the period of participation in the vocational reha8 bilitation program for which the veteran failed to receive

9 credit or with respect to which the veteran lost training

10 time, as determined by the Secretary.’’.

11 (2) Section 3103 is amended by adding at the end

12 the following new subsection:

13 ‘‘(e) In any case in which the Secretary has deter14 mined that a veteran was prevented from participating in

15 a vocational rehabilitation program under this chapter

16 within the period of eligibility otherwise prescribed in this

17 section as a result of being ordered to serve on active duty

18 under section 688, 12301(a), 12301(d), 12301(g), 12302,

19 or 12304 of title 10, such period of eligibility shall not

20 run for the period of such active duty service plus four

21 months.

22 (d) CONFORMING AMENDMENTS.—Sections

23 3013(f)(2)(B) and 3231(a)(5)(B)(ii) of such title are each

24 amended by striking ‘‘, in connection with such War,’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect as of September 11, 2001.

3 SEC. 104. ACCELERATED PAYMENTS OF EDUCATIONAL AS4 SISTANCE UNDER MONTGOMERY GI BILL FOR

5 EDUCATION LEADING TO EMPLOYMENT IN

6 HIGH TECHNOLOGY INDUSTRY.

7 (a) IN GENERAL.—(1) Chapter 30 is amended by in8 serting after section 3014 the following new section:

9 ‘‘§ 3014A. Accelerated payment of basic educational

10 assistance for education leading to em11 ployment in high technology industry

12 ‘‘(a) An individual described in subsection (b) who

13 is entitled to basic educational assistance under this sub14 chapter may elect to receive an accelerated payment of the

15 basic educational assistance allowance otherwise payable

16 to the individual under section 3015 of this title.

17 ‘‘(b) An individual described in this subsection is an

18 individual who is—

19 ‘‘(1) enrolled in an approved program of edu20 cation that leads to employment in a high technology

21 industry (as determined pursuant to regulations pre22 scribed by the Secretary); and

23 ‘‘(2) charged tuition and fees for the program

24 of education that, when divided by the number of

25 months (and fractions thereof) in the enrollment pe-
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1 riod, exceeds the amount equal to 200 percent of the

2 monthly rate of basic educational assistance allow3 ance otherwise payable to the individual under sec4 tion 3015 of this title.

5 ‘‘(c)(1) The amount of the accelerated payment of

6 basic educational assistance made to an individual making

7 an election under subsection (a) for a program of edu8 cation shall be the lesser of—

9 ‘‘(A) the amount equal to 60 percent of the es10 tablished charges for the program of education; or

11 ‘‘(B) the aggregate amount of basic educational

12 assistance to which the individual remains entitled

13 under this chapter at the time of the payment.

14 ‘‘(2) In this subsection, the term ‘established

15 charges’, in the case of a program of education, means

16 the actual charges (as determined pursuant to regulations

17 prescribed by the Secretary) for tuition and fees which

18 similarly circumstanced nonveterans enrolled in the pro19 gram of education would be required to pay. Established

20 charges shall be determined on the following basis:

21 ‘‘(A) In the case of an individual enrolled in a

22 program of education offered on a term, quarter, or

23 semester basis, the tuition and fees charged the indi24 vidual for the term, quarter, or semester.
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1 ‘‘(B) In the case of an individual enrolled in a

2 program of education not offered on a term, quarter,

3 or semester basis, the tuition and fees charged the

4 individual for the entire program of education.

5 ‘‘(3) The educational institution providing the pro6 gram of education for which an accelerated payment of

7 basic educational assistance allowance is elected by an in8 dividual under subsection (a) shall certify to the Secretary

9 the amount of the established charges for the program of

10 education.

11 ‘‘(d) An accelerated payment of basic educational as12 sistance made to an individual under this section for a

13 program of education shall be made not later than the last

14 day of the month immediately following the month in

15 which the Secretary receives a certification from the edu16 cational institution regarding—

17 ‘‘(1) the individual’s enrollment in and pursuit

18 of the program of education; and

19 ‘‘(2) the amount of the established charges for

20 the program of education.

21 ‘‘(e)(1) Except as provided in paragraph (2), for each

22 accelerated payment of basic educational assistance made

23 to an individual under this section, the individual’s entitle24 ment to basic educational assistance under this chapter

25 shall be charged the number of months (and any fraction
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1 thereof) determined by dividing the amount of the acceler2 ated payment by the full-time monthly rate of basic edu3 cational assistance allowance otherwise payable to the in4 dividual under section 3015 of this title as of the begin5 ning date of the enrollment period for the program of edu6 cation for which the accelerated payment is made.

7 ‘‘(2) If the monthly rate of basic educational assist8 ance allowance otherwise payable to an individual under

9 section 3015 of this title increases during the enrollment

10 period of a program of education for which an accelerated

11 payment of basic educational assistance is made under

12 this section, the charge to the individual’s entitlement to

13 basic educational assistance under this chapter shall be

14 determined by prorating the entitlement chargeable, in the

15 matter provided for under paragraph (1), for the periods

16 covered by the initial rate and increased rate, respectively,

17 in accordance with regulations prescribed by the Sec18 retary.

19 ‘‘(f) The Secretary may not make an accelerated pay20 ment under this section for a program of education to an

21 individual who has received an advance payment under

22 section 3680(d) of this title for the same enrollment pe23 riod.

24 ‘‘(g) The Secretary shall prescribe regulations to

25 carry out this section. The regulations shall include re-
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1 quirements, conditions, and methods for the request,

2 issuance, delivery, certification of receipt and use, and re3 covery of overpayment of an accelerated payment under

4 this section.’’.

5 (2) The table of sections at the beginning of that

6 chapter is amended by inserting after the item relating

7 to section 3014 the following new item:

‘‘3014A. Accelerated payment of basic educational assistance for education leading to employment in high technology industry.’’.

8 (b) RESTATEMENT AND ENHANCEMENT OF CERTAIN

9 ADMINISTRATIVE AUTHORITIES.—Subsection (g) of sec10 tion 3680 is amended to read as follows:

11 ‘‘Determination of Enrollment, Pursuit, and Attendance

12 ‘‘(g)(1) The Secretary may, pursuant to regulations

13 which the Secretary shall prescribe, determine and define

14 with respect to an eligible veteran and eligible person the

15 following:

16 ‘‘(A) Enrollment in a course or program of edu17 cation or training.

18 ‘‘(B) Pursuit of a course or program of edu19 cation or training.

20 ‘‘(C) Attendance at a course or program of edu21 cation or training.

22 ‘‘(2) The Secretary may withhold payment of benefits

23 to an eligible veteran or eligible person until the Secretary

24 receives such proof as the Secretary may require of enroll-
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1 ment in and satisfactory pursuit of a program of education

2 by the eligible veteran or eligible person. The Secretary

3 shall adjust the payment withheld, when necessary, on the

4 basis of the proof the Secretary receives.

5 ‘‘(3) In the case of an individual other than an indi6 vidual described in paragraph (4), the Secretary may ac7 cept the individual’s monthly certification of enrollment in

8 and satisfactory pursuit of a program of education as suf9 ficient proof of the certified matters.

10 ‘‘(4) In the case of an individual who has received

11 an accelerated payment of basic educational assistance

12 under section 3014A of this title during an enrollment pe13 riod for a program of education, the Secretary may accept

14 the individual’s certification of enrollment in and satisfac15 tory pursuit of the program of education as sufficient

16 proof of the certified matters if the certification is sub17 mitted after the enrollment period has ended.’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect October 1, 2002, and shall

20 apply with respect to enrollments in courses or programs

21 of education or training beginning on or after that date.
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1 SEC. 105. ELIGIBILITY FOR MONTGOMERY GI BILL BENE2 FITS OF CERTAIN ADDITIONAL VIETNAM ERA

3 VETERANS.

4 (a) ACTIVE DUTY PROGRAM.—Section 3011(a)(1) is

5 amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (A);

8 (2) by adding ‘‘or’’ at the end of subparagraph

9 (B); and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(C) as of December 31, 1989, was eligible

13 for educational assistance benefits under chap14 ter 34 of this title and—

15 ‘‘(i) was not on active duty on October

16 19, 1984;

17 ‘‘(ii) reenlists or reenters on a period

18 of active duty on or after October 19,

19 1984; and

20 ‘‘(iii) on or after July 1, 1985,

21 either—

22 ‘‘(I) serves at least three years of

23 continuous active duty in the Armed

24 Forces; or

25 ‘‘(II) is discharged or released

26 from active duty (aa) for a service-
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1 connected disability, for a medical

2 condition which preexisted such serv3 ice on active duty and which the Sec4 retary determines is not service con5 nected, for hardship, or for a physical

6 or mental condition that was not char7 acterized as a disability, as described

8 in subparagraph (A)(ii)(I) of this

9 paragraph, (bb) for the convenience of

10 the Government, if the individual com11 pleted not less than 30 months of con12 tinuous active duty after that date, or

13 (cc) involuntarily for the convenience

14 of the Government as a result of a re15 duction in force, as determined by the

16 Secretary of the military department

17 concerned in accordance with regula18 tions prescribed by the Secretary of

19 Defense or by the Secretary of Trans20 portation with respect to the Coast

21 Guard when it is not operating as a

22 service in the Navy;’’.

23 (b) SELECTED RESERVE PROGRAM.—Section

24 3012(a)(1) is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (A);

3 (2) by adding ‘‘or’’ at the end of subparagraph

4 (B); and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(C) as of December 31, 1989, was eligible

8 for educational assistance under chapter 34 of

9 this title and—

10 ‘‘(i) was not on active duty on October

11 19, 1984;

12 ‘‘(ii) reenlists or reenters on a period

13 of active duty on or after October 19,

14 1984; and

15 ‘‘(iii) on or after July 1, 1985—

16 ‘‘(I) serves at least two years of

17 continuous active duty in the Armed

18 Forces, subject to subsection (b) of

19 this section, characterized by the Sec20 retary concerned as honorable service;

21 and

22 ‘‘(II) subject to subsection (b) of

23 this section and beginning within one

24 year after completion of such two

25 years of service, serves at least four
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1 continuous years in the Selected Re2 serve during which the individual par3 ticipates satisfactorily in training as

4 prescribed by the Secretary con5 cerned;’’.

6 (c) TIME FOR USE OF ENTITLEMENT.—Section 3031

7 is amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘and’’ at the end of para10 graph (1);

11 (B) by striking the period at the end of

12 paragraph (2) and inserting ‘‘; and’’; and

13 (C) by adding at the end the following new

14 paragraph:

15 ‘‘(3) in the case of an individual who becomes

16 entitled to such assistance under section

17 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the

18 date of the enactment of this paragraph.’’; and

19 (2) in subsection (e)(1), by striking ‘‘section

20 3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting

21 ‘‘section 3011(a)(1)(B), 3011(a)(1)(C),

22 3012(a)(1)(B), or 3012(a)(1)(C)’’.
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1 SEC. 106. INCREASE IN MAXIMUM ALLOWABLE ANNUAL

2 SENIOR ROTC EDUCATIONAL ASSISTANCE

3 FOR ELIGIBILITY FOR BENEFITS UNDER THE

4 MONTGOMERY GI BILL.

5 (a) IN GENERAL.—Sections 3011(c)(3)(B) and

6 3012(d)(3)(B) are each amended by striking ‘‘$2,000’’

7 and inserting ‘‘$3,400’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall apply with respect to educational as10 sistance allowances paid under chapter 30 of title 38,

11 United States Code, for months beginning after the date

12 of the enactment of this Act.

13 SEC. 107. EXPANSION OF WORK-STUDY OPPORTUNITIES.

14 (a) FIVE-YEAR EXPANSION OF QUALIFYING WORK15 STUDY ACTIVITIES.—Subsection (a) of section 3485 is

16 amended to read as follows:

17 ‘‘(a)(1) Individuals utilized under the authority of

18 subsection (b) shall be paid an additional educational as19 sistance allowance (hereinafter in this section referred to

20 as ‘work-study allowance’). Such allowance shall be paid

21 in return for an individual’s entering into an agreement

22 described in paragraph (3).

23 ‘‘(2) Such work-study allowance shall be paid in an

24 amount equal to the product of—

25 ‘‘(A) the applicable hourly minimum wage; and
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1 ‘‘(B) the number of hours worked during the

2 applicable period.

3 ‘‘(3) An agreement described in this paragraph is an

4 agreement of an individual to perform services, during or

5 between periods of enrollment, aggregating not more than

6 a number of hours equal to 25 times the number of weeks

7 in the semester or other applicable enrollment period, re8 quired in connection with a qualifying work-study activity.

9 ‘‘(4) For the purposes of this section, the term ‘quali10 fying work-study activity’ means any of the following:

11 ‘‘(A) The outreach services program under sub12 chapter II of chapter 77 of this title as carried out

13 under the supervision of a Department employee or,

14 during the five-year period beginning on the date of

15 the enactment of the Veterans Education and Bene16 fits Expansion Act of 2001, outreach services to

17 servicemembers and veterans furnished by employees

18 of a State approving agency.

19 ‘‘(B) The preparation and processing of nec20 essary papers and other documents at educational

21 institutions or regional offices or facilities of the De22 partment.

23 ‘‘(C) The provision of hospital and domiciliary

24 care and medical treatment under chapter 17 of this

25 title, including, during the five-year period beginning
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1 on the date of the enactment of the Veterans Edu2 cation and Benefits Expansion Act of 2001, the pro3 vision of such care to veterans in a State home for

4 which payment is made under section 1741 of this

5 title.

6 ‘‘(D) Any other activity of the Department as

7 the Secretary determines appropriate.

8 ‘‘(E) In the case of an individual who is receiv9 ing educational assistance under chapter 1606 of

10 title 10, an activity relating to the administration of

11 that chapter at Department of Defense, Coast

12 Guard, or National Guard facilities.

13 ‘‘(F) During the five-year period beginning on

14 the date of the enactment of the Veterans Education

15 and Benefits Expansion Act of 2001, an activity re16 lating to the administration of a national cemetery

17 or a State veterans’ cemetery.

18 ‘‘(5) An individual may elect, in a manner prescribed

19 by the Secretary, to be paid in advance an amount equal

20 to 40 percent of the total amount of the work-study allow21 ance agreed to be paid under the agreement in return for

22 the individual’s agreement to perform the number of hours

23 of work specified in the agreement (but not more than

24 an amount equal to 50 times the applicable hourly min25 imum wage).
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1 ‘‘(6) For the purposes of this subsection and sub2 section (e), the term ‘applicable hourly minimum wages’

3 means—

4 ‘‘(A) the hourly minimum wage under section

5 6(a) of the Fair Labor Standards Act of 1938 (29

6 U.S.C. 206(a)); or

7 ‘‘(B) the hourly minimum wage under com8 parable law of the State in which the services are to

9 be performed, if such wage is higher than the wage

10 referred to in subparagraph (A) and the Secretary

11 has made a determination to pay such higher

12 wage.’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 this section shall apply with respect to agreements entered

15 into under section 3485 of title 38, United States Code,

16 on or after the date of the enactment of this Act.

17 SEC. 108. ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’

18 EDUCATIONAL ASSISTANCE OF SPOUSES AND

19 SURVIVING SPOUSES OF VETERANS WITH

20 TOTAL SERVICE-CONNECTED DISABILITIES.

21 (a) DESIGNATION OF ELIGIBILITY.—Section

22 3501(a)(1)(D) is amended—

23 (1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and

24 (2) by inserting ‘‘(ii)’’ after ‘‘or’’.
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1 (b) RESTATEMENT AND EXPANSION OF TREATMENT

2 OF USE OF ELIGIBILITY.—(1) Section 3511 is amended

3 by adding at the end the following new subsection:

4 ‘‘(c) Any entitlement used by an eligible person as

5 a result of eligibility under section 3501(a)(1)(A)(iii),

6 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be

7 deducted from any entitlement to which such person may

8 subsequently be entitled under this chapter.’’.

9 (2) Section 3512 is amended by striking subsection

10 (g).

11 (c) DELIMITING PERIOD.—(1) Section 3511(a)(1) is

12 amended by adding at the end the following new sentence:

13 ‘‘In no event may the aggregate educational assistance af14 forded to a spouse made eligible under both

15 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed

16 45 months.’’.

17 (2) Paragraph (1) of section 3512(b) is amended to

18 read as follows:

19 ‘‘(1)(A) Except as provided in subparagraph (B), a

20 person made eligible by subparagraph (B) or (D) of sec21 tion 3501(a)(1) of this title may be afforded educational

22 assistance under this chapter during the 10-year period

23 beginning on the date (as determined by the Secretary)

24 the person becomes an eligible person within the meaning

25 of section 3501(a)(1)(B), 3501(a)(1)(D)(i), or
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1 3501(a)(1)(D)(ii) of this title. In the case of a surviving

2 spouse made eligible by clause (ii) of section

3 3501(a)(1)(D) of this title, the 10-year period may not

4 be reduced by any earlier period during which the person

5 was eligible for educational assistance under this chapter

6 as a spouse made eligible by clause (i) of that section.

7 ‘‘(B) Notwithstanding subparagraph (A), an eligible

8 person referred to in that subparagraph may, subject to

9 the Secretary’s approval, elect a later beginning date for

10 the 10-year period than would otherwise be applicable to

11 the person under that subparagraph. The beginning date

12 so elected may be any date between the beginning date

13 determined for the person under subparagraph (A) and

14 whichever of the following dates applies:

15 ‘‘(i) The date on which the Secretary notifies

16 the veteran from whom eligibility is derived that the

17 veteran has a service-connected total disability per18 manent in nature.

19 ‘‘(ii) The date on which the Secretary deter20 mines that the veteran from whom eligibility is de21 rived died of a service-connected disability.’’.

22 (3) Section 3512(b) is further amended by striking

23 paragraph (3).

24 (4) The amendments made by this subsection shall

25 apply with respect to any determination (whether adminis-
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1 trative or judicial) of the eligibility of a spouse or surviving

2 spouse for educational assistance under chapter 35 of title

3 38, United States Code, made on or after the date of the

4 enactment of this Act, whether pursuant to an original

5 claim for such assistance or pursuant to a reapplication

6 or attempt to reopen or readjudicate a claim for such as7 sistance.

8 SEC. 109. EXPANSION OF SPECIAL RESTORATIVE TRAINING

9 BENEFIT TO CERTAIN DISABLED SPOUSES OR

10 SURVIVING SPOUSES.

11 (a) IN GENERAL.—Section 3540 is amended by strik12 ing ‘‘section 3501(a)(1)(A) of this title’’ and inserting

13 ‘‘subparagraphs (A), (B), and (D) of section 3501(a)(1)

14 of this title’’.

15 (b) CONFORMING AMENDMENTS.—(1) Section

16 3541(a) is amended in the matter preceding paragraph

17 (1) by striking ‘‘of the parent or guardian’’.

18 (2) Section 3542(a) is amended—

19 (A) by striking ‘‘the parent or guardian shall be

20 entitled to receive on behalf of such person’’ and in21 serting ‘‘the eligible person shall be entitled to re22 ceive’’; and

23 (B) by striking ‘‘upon election by the parent or

24 guardian of the eligible person’’ and inserting ‘‘upon

25 election by the eligible person’’.
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1 (3) The second sentence of section 3543(a) is amend2 ed by striking ‘‘the parent or guardian for the training

3 provided to an eligible person’’ and inserting ‘‘for the

4 training provided to the eligible person’’.

5 (4) Section 3543 is amended by adding at the end

6 the following new subsection:

7 ‘‘(c) In a case in which the Secretary authorizes

8 training under section 3541(a) of this title on behalf of

9 an eligible person, the parent or guardian shall be

10 entitled—

11 ‘‘(1) to receive on behalf of the eligible person

12 the special training allowance provided for under

13 section 3542(a) of this title;

14 ‘‘(2) to elect an increase in the basic monthly

15 allowance provided for under such section; and

16 ‘‘(3) to agree with the Secretary on the fair and

17 reasonable amounts which may be charged under

18 subsection (a).’’.

19 SEC. 110. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY

20 ENTITIES IN DEFINITION OF EDUCATIONAL

21 INSTITUTION.

22 (a) IN GENERAL.—Sections 3452(c) and 3501(a)(6)

23 are each amended by adding at the end the following new

24 sentence: ‘‘Such term also includes any private entity (that

25 meets such requirements as the Secretary may establish)
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1 that offers, either directly or under an agreement with an2 other entity (that meets such requirements), a course or

3 courses to fulfill requirements for the attainment of a li4 cense or certificate generally recognized as necessary to

5 obtain, maintain, or advance in employment in a profes6 sion or vocation in a high technology occupation (as deter7 mined by the Secretary).’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall apply to enrollments in courses begin10 ning on or after the date of the enactment of this Act.

11 SEC. 111. DISTANCE EDUCATION.

12 (a) IN GENERAL.—Subsection (a)(4) of section

13 3680A is amended—

14 (1) by inserting ‘‘(A)’’ after ‘‘leading’’; and

15 (2) by inserting before the period the following:

16 ‘‘, or (B) to a certificate that reflects educational at17 tainment offered by an institution of higher learn18 ing’’.

19 (b) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall apply to enrollments in independent

21 study courses beginning on or after the date of the enact22 ment of this Act.
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1 TITLE II—COMPENSATION AND

2 PENSION PROVISIONS

3 SEC. 201. MODIFICATION AND EXTENSION OF AUTHORITIES

4 ON PRESUMPTION OF SERVICE-CONNECTION

5 FOR HERBICIDE-RELATED DISABILITIES OF

6 VIETNAM VETERANS.

7 (a) PRESUMPTIVE PERIOD FOR RESPIRATORY CAN8 CERS.—(1)(A) Subparagraph (F) of subsection (a)(2) of

9 section 1116 is amended by striking ‘‘within 30 years’’

10 and all that follows through ‘‘May 7, 1975’’.

11 (B) The amendment made by subparagraph (A) shall

12 take effect January 1, 2002.

13 (2) The Secretary of Veterans Affairs shall enter into

14 a contract with the National Academy of Sciences, not

15 later than six months after the date of the enactment of

16 this Act, for the performance of a study to include a review

17 of all available scientific literature on the effects of expo18 sure to an herbicide agent containing dioxin on the devel19 opment of respiratory cancers in humans and whether it

20 is possible to identify a period of time after exposure to

21 herbicides after which a presumption of service-connection

22 for such exposure would not be warranted. Under the con23 tract, the National Academy of Sciences shall submit a

24 report to the Secretary setting forth its conclusions. The
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1 report shall be submitted not later than 18 months after

2 the contract is entered into.

3 (3) For a period of six months beginning on the date

4 of the receipt of the report of the National Academy of

5 Sciences under paragraph (2), the Secretary may, if war6 ranted by clear scientific evidence presented in the Na7 tional Academy of Sciences report, initiate a rulemaking

8 under which the Secretary would specify a limit on the

9 number of years after a claimant’s departure from Viet10 nam after which respiratory cancers would not be pre11 sumed to have been associated with the claimant’s expo12 sure to herbicides while serving in Vietnam. Any such limit

13 under such a rule may not take effect until 120 days have

14 passed after the publication of a final rule to impose such

15 a limit.

16 (4)(A) Subject to subparagraphs (B) and (C), if the

17 Secretary imposes such a limit under paragraph (3), that

18 limit shall be effective only as to claims filed on or after

19 the effective date of that limit.

20 (B) In the case of any veteran whose disability or

21 death due to respiratory cancer is found by the Secretary

22 to be service-connected under section 1116(a)(2)(F) of

23 title 38, United States Code, as amended by paragraph

24 (1), such disability or death shall remain service-connected

25 for purposes of all provisions of law under such title not-
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1 withstanding the imposition, if any, of a time limit by the

2 Secretary by rulemaking authorized under paragraph (3).

3 (C) Subaragraph (B) does not apply in a case in

4 which—

5 (i) the original award of compensation or serv6 ice connection was based on fraud; or

7 (ii) it is clearly shown from military records

8 that the person concerned did not have the requisite

9 service or character of discharge.

10 (b) PRESUMPTION THAT DIABETES MELLITUS

11 (TYPE 2) IS SERVICE-CONNECTED.—Subsection (a)(2) of

12 section 1116 is further amended by adding at the end the

13 following new subparagraph:

14 ‘‘(H) Diabetes Mellitus (Type 2).’’.

15 (c) PRESUMPTION OF EXPOSURE TO HERBICIDE

16 AGENTS IN VIETNAM DURING VIETNAM ERA.—(1) Sec17 tion 1116 is further amended—

18 (A) by transferring paragraph (3) of subsection

19 (a) to the end of the section and redesignating such

20 paragraph, as so transferred, as subsection (f);

21 (B) by redesignating paragraph (4) of sub22 section (a) as paragraph (3); and

23 (C) in subsection (f), as transferred and redes24 ignated by subparagraph (A) of this paragraph—
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1 (i) by striking ‘‘For the purposes of this

2 subsection, a veteran’’ and inserting ‘‘For pur3 poses of establishing service connection for a

4 disability or death resulting from exposure to a

5 herbicide agent, including a presumption of

6 service-connection under this section, a vet7 eran’’; and

8 (ii) by striking ‘‘and has a disease referred

9 to in paragraph (1)(B) of this subsection’’.

10 (2)(A) The heading of that section is amended to

11 read as follows:

12 ‘‘§ 1116. Presumptions of service connection for dis13 eases associated with exposure to certain

14 herbicide agents; presumption of expo15 sure for veterans who served in the Re16 public of Vietnam’’.

17 (B) The item relating to that section in the table of

18 sections at the beginning of chapter 11 is amended to read

19 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.’’.

20 (d) EXTENSION OF AUTHORITY TO PRESUME SERV21 ICE-CONNECTION FOR ADDITIONAL DISEASES.—(1) Sub22 section (e) of such section is amended by striking ‘‘10

23 years’’ and all that follows through ‘‘Agent Orange Act

24 of 1991’’ and inserting ‘‘on September 30, 2015’’.
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1 (2) Section 3(i) of the Agent Orange Act of 1991 (38

2 U.S.C. 1116 note) is amended by striking ‘‘10 years’’ and

3 all that follows and inserting ‘‘on October 1, 2014.’’.

4 SEC. 202. PAYMENT OF COMPENSATION FOR PERSIAN GULF

5 WAR VETERANS WITH CERTAIN CHRONIC

6 DISABILITIES.

7 (a) ILLNESSES THAT CANNOT BE CLEARLY DE8 FINED.—(1) Subsection (a) of section 1117 is amended

9 to read as follows:

10 ‘‘(a)(1) The Secretary may pay compensation under

11 this subchapter to a Persian Gulf veteran with a qualifying

12 chronic disability that became manifest—

13 ‘‘(A) during service on active duty in the Armed

14 Forces in the Southwest Asia theater of operations

15 during the Persian Gulf War; or

16 ‘‘(B) to a degree of 10 percent or more during

17 the presumptive period prescribed under subsection

18 (b).

19 ‘‘(2) For purposes of this subsection, the term ‘quali20 fying chronic disability’ means a chronic disability result21 ing from any of the following (or any combination of any

22 of the following):

23 ‘‘(A) An undiagnosed illness.

24 ‘‘(B) A medically unexplained chronic multi25 symptom illness (such as chronic fatigue syndrome,
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1 fibromyalgia, and irritable bowel syndrome) that is

2 defined by a cluster of signs or symptoms.

3 ‘‘(C) Any diagnosed illness that the Secretary

4 determines in regulations prescribed under sub5 section (d) warrants a presumption of service-con6 nection.’’.

7 (2) Subsection (c)(1) of such section is amended—

8 (A) in the matter preceding subparagraph (A),

9 by striking ‘‘for an undiagnosed illness (or combina10 tion of undiagnosed illnesses)’’; and

11 (B) in subparagraph (A), by striking ‘‘for such

12 illness (or combination of illnesses)’’.

13 (b) SIGNS OR SYMPTOMS THAT MAY INDICATE

14 UNDIAGNOSED ILLNESSES.—(1) Such section is further

15 amended by adding at the end the following new sub16 section:

17 ‘‘(g) For purposes of this section, signs or symptoms

18 that may be a manifestation of an undiagnosed illness or

19 a chronic multisymptom illness include the following:

20 ‘‘(1) Fatigue.

21 ‘‘(2) Unexplained rashes or other dermato22 logical signs or symptoms.

23 ‘‘(3) Headache.

24 ‘‘(4) Muscle pain.

25 ‘‘(5) Joint pain.
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1 ‘‘(6) Neurological signs and symptoms.

2 ‘‘(7) Neuropsychological signs or symptoms.

3 ‘‘(8) Signs or symptoms involving the upper or

4 lower respiratory system.

5 ‘‘(9) Sleep disturbances.

6 ‘‘(10) Gastrointestinal signs or symptoms.

7 ‘‘(11) Cardiovascular signs or symptoms.

8 ‘‘(12) Abnormal weight loss.

9 ‘‘(13) Menstrual disorders.’’.

10 (2) Section 1118(a) is amended by adding at the end

11 the following new paragraph:

12 ‘‘(4) For purposes of this section, signs or symptoms

13 that may be a manifestation of an undiagnosed illness in14 clude the signs and symptoms listed in section 1117(g)

15 of this title.’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 subsections (a) and (b) shall take effect on March 1, 2002.

18 (d) CLARIFICATION OF AUTHORITY TO PRESUME

19 SERVICE-CONNECTION FOR ADDITIONAL DISEASES.—(1)

20 Sections 1117(c)(2) and 1118(e) are each amended by

21 striking ‘‘10 years’’ and all that follows through ‘‘of 1998’’

22 and inserting ‘‘on September 30, 2011’’.

23 (2) Section 1603(j) of the Persian Gulf War Veterans

24 Act of 1998 (38 U.S.C. 1117 note) is amended by striking
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1 ‘‘10 years’’ and all that follows and inserting ‘‘on October

2 1, 2010.’’.

3 SEC. 203. PRESERVATION OF SERVICE CONNECTION FOR

4 UNDIAGNOSED ILLNESSES TO PROVIDE FOR

5 PARTICIPATION IN RESEARCH PROJECTS BY

6 PERSIAN GULF WAR VETERANS.

7 (a) AUTHORITY FOR SECRETARY TO PROVIDE FOR

8 PARTICIPATION WITHOUT LOSS OF BENEFITS.—Section

9 1117 is amended by adding after subsection (g), as added

10 by section 202(b), the following new subsection:

11 ‘‘(h)(1) If the Secretary determines with respect to

12 a medical research project sponsored by the Department

13 that it is necessary for the conduct of the project that Per14 sian Gulf veterans in receipt of compensation under this

15 section or section 1118 of this title participate in the

16 project without the possibility of loss of service connection

17 under either such section, the Secretary shall provide that

18 service connection granted under either such section for

19 disability of a veteran who participated in the research

20 project may not be terminated. Except as provided in

21 paragraph (2), nothwithstanding any other provision of

22 law any grant of service-connection protected under this

23 subsection shall remain service-connected for purposes of

24 all provisions of law under this title.
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1 ‘‘(2) Paragraph (1) does not apply in a case in

2 which—

3 ‘‘(A) the original award of compensation or

4 service connection was based on fraud; or

5 ‘‘(B) it is clearly shown from military records

6 that the person concerned did not have the requisite

7 service or character of discharge.

8 ‘‘(3) The Secretary shall publish in the Federal Reg9 ister a list of medical research projects sponsored by the

10 Department for which service connection granted under

11 this section or section 1118 of this title may not be termi12 nated pursuant to paragraph (1).’’.

13 (b) EFFECTIVE DATE.—The authority provided by

14 subsection (h) of section 1117 of title 38, United States

15 Code, as added by subsection (a), may be used by the Sec16 retary of Veterans Affairs with respect to any medical re17 search project of the Department of Veterans Affairs,

18 whether commenced before, on, or after the date of the

19 enactment of this Act.

20 SEC. 204. REPEAL OF LIMITATION ON PAYMENTS OF BENE21 FITS TO INCOMPETENT INSTITUTIONALIZED

22 VETERANS.

23 (a) REPEAL.—Section 5503 is amended—

24 (1) by striking subsections (b) and (c); and
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1 (2) by redesignating subsections (d), (e), and

2 (f) as subsections (b), (c), and (d), respectively.

3 (b) CONFORMING AMENDMENTS.—(1) Section

4 1114(r) is amended by striking ‘‘section 5503(e)’’ and in5 serting ‘‘section 5503(c)’’.

6 (2) Section 5112 is amended by striking subsection

7 (c).

8 SEC. 205. EXTENSION OF ROUND-DOWN REQUIREMENT FOR

9 COMPENSATION COST-OF-LIVING ADJUST10 MENTS.

11 Sections 1104(a) and 1303(a) are amended by strik12 ing ‘‘2002’’ and inserting ‘‘2011’’.

13 SEC. 206. EXPANSION OF PRESUMPTIONS OF PERMANENT

14 AND TOTAL DISABILITY FOR VETERANS AP15 PLYING FOR NONSERVICE-CONNECTED PEN16 SION.

17 (a) IN GENERAL.—Section 1502(a) is amended by

18 striking ‘‘such a person’’ and all that follows through the

19 end of the subsection and inserting the following: ‘‘such

20 person is any of the following:

21 ‘‘(1) A patient in a nursing home for long-term

22 care because of disability.

23 ‘‘(2) Disabled, as determined by the Commis24 sioner of Social Security for purposes of any benefits

25 administered by the Commissioner.
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1 ‘‘(3) Unemployable as a result of disability rea2 sonably certain to continue throughout the life of the

3 person.

4 ‘‘(4) Suffering from—

5 ‘‘(A) any disability which is sufficient to

6 render it impossible for the average person to

7 follow a substantially gainful occupation, but

8 only if it is reasonably certain that such dis9 ability will continue throughout the life of the

10 person; or

11 ‘‘(B) any disease or disorder determined by

12 the Secretary to be of such a nature or extent

13 as to justify a determination that persons suf14 fering therefrom are permanently and totally

15 disabled.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect as of September 17, 2001.

18 SEC. 207. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR

19 OLDER FOR VETERANS’ PENSION BENEFITS.

20 (a) IN GENERAL.—(1) Subchapter II of chapter 15

21 is amended by inserting after section 1512 the following

22 new section:

23 ‘‘§ 1513. Veterans 65 years of age and older

24 ‘‘(a) The Secretary shall pay to each veteran of a pe25 riod of war who is 65 years of age or older and who meets
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1 the service requirements of section 1521 of this title (as

2 prescribed in subsection (j) of that section) pension at the

3 rates prescribed by 1521 of this title and under the condi4 tions (other than the permanent and total disability re5 quirement) applicable to pension paid under that section.

6 ‘‘(b) If a veteran is eligible for pension under both

7 this section and section 1521 of this title, pension shall

8 be paid to the veteran only under section 1521 of this

9 title.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by inserting after the item relating

12 to section 1512 the following new item:

‘‘1513. Veterans 65 years of age and older.’’.

13 (b) CONFORMING AMENDMENTS.—(1) Section

14 1521(f)(1) is amended by inserting ‘‘or the age and service

15 requirements prescribed in section 1513 of this title,’’

16 after ‘‘of this section,’’.

17 (2) Section 1522(a) is amended by inserting ‘‘1513

18 or’’ after ‘‘under section’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect as of September 17, 2001.
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1 TITLE III—TRANSITION AND

2 OUTREACH PROVISIONS

3 SEC. 301. AUTHORITY TO ESTABLISH OVERSEAS VETERANS

4 ASSISTANCE OFFICES TO EXPAND TRANSI5 TION ASSISTANCE.

6 Section 7723(a) is amended by inserting after the

7 first sentence the following new sentence: ‘‘The Secretary

8 may maintain such offices on such military installations

9 located elsewhere as the Secretary, after consultation with

10 the Secretary of Defense, determines to be necessary to

11 carry out such purposes.’’.

12 SEC. 302. TIMING OF PRESEPARATION COUNSELING.

13 (a) IN GENERAL.—(1) The first sentence of section

14 1142(a)(1) of title 10, United States Code, is amended

15 to read as follows: ‘‘Within the time periods specified in

16 paragraph (3), the Secretary concerned shall (except as

17 provided in paragraph (4)) provide for individual

18 preseparation counseling of each member of the armed

19 forces whose discharge or release from active duty is an20 ticipated as of a specific date.’’.

21 (2) Such section is further amended by adding at the

22 end the following new paragraphs:

23 ‘‘(3)(A) In the case of an anticipated retirement,

24 preseparation counseling shall commence as soon as pos25 sible during the 24-month period preceding the anticipated
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1 retirement date. In the case of a separation other than

2 a retirement, preseparation counseling shall commence as

3 soon as possible during the 12-month period preceding the

4 anticipated date. Except as provided in subparagraph (B),

5 in no event shall preseparation counseling commence later

6 than 90 days before the date of discharge or release.

7 ‘‘(B) In the event that a retirement or other separa8 tion is unanticipated until there are 90 or fewer days be9 fore the anticipated retirement or separation date,

10 preseparation counseling shall begin as soon as possible

11 within the remaining period of service.

12 ‘‘(4)(A) Subject to subparagraph (B), the Secretary

13 concerned shall not provide preseparation counseling to a

14 member who is being discharged or released before the

15 completion of that member’s first 180 days of active duty.

16 ‘‘(B) Subparagraph (A) shall not apply in the case

17 of a member who is being retired or separated for dis18 ability.’’.

19 (b) CONFORMING AMENDMENT.—The second sen20 tence of section 1144(a)(1) of title 10, United States

21 Code, is amended by striking ‘‘during the 180-day period’’

22 and all that follows and inserting ‘‘within the time periods

23 provided under paragraph (3) of section 1142(a) of this

24 title, except that the Secretary concerned shall not provide
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1 preseparation counseling to a member described in para2 graph (4)(A) of such section.’’.

3 SEC. 303. IMPROVEMENT IN EDUCATION AND TRAINING

4 OUTREACH SERVICES FOR SEPARATING

5 SERVICEMEMBERS AND VETERANS.

6 (a) PROVIDING OUTREACH THROUGH STATE AP7 PROVING AGENCIES.—Section 3672(d) is amended by in8 serting ‘‘and State approving agencies’’ before ‘‘shall ac9 tively promote the development of programs of training

10 on the job’’.

11 (b) ADDITIONAL DUTY.—Such section is further

12 amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

14 (2) by adding at the end the following new

15 paragraph:

16 ‘‘(2) In conjunction with outreach services provided

17 by the Secretary under chapter 77 of this title for edu18 cation and training benefits, each State approving agency

19 shall conduct outreach programs and provide outreach

20 services to eligible persons and veterans about education

21 and training benefits available under applicable Federal

22 and State law.’’.

23 SEC. 304. IMPROVEMENT OF VETERANS OUTREACH PRO24 GRAMS.

25 Section 7722(c) is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

2 (2) by adding at the end the following:

3 ‘‘(2) Whenever a veteran or dependent first applies

4 for any benefit under laws administered by the Secretary

5 (including a request for burial or related benefits or an

6 application for life insurance proceeds), the Secretary shall

7 provide to the veteran or dependent information con8 cerning benefits and health care services under programs

9 administered by the Secretary. Such information shall be

10 provided not later than three months after the date of

11 such application.’’.

12 TITLE IV—HOUSING MATTERS

13 SEC. 401. INCREASE IN HOME LOAN GUARANTY AMOUNT

14 FOR CONSTRUCTION AND PURCHASE OF

15 HOMES.

16 Section 3703(a)(1) is amended by striking ‘‘$50,750’’

17 each place it appears in subparagraphs (A)(i)(IV) and (B)

18 and inserting ‘‘$60,000’’.

19 SEC. 402. NATIVE AMERICAN VETERAN HOUSING LOAN

20 PILOT PROGRAM.

21 (a) EXTENSION OF PILOT PROGRAM.—Section

22 3761(c) is amended by striking ‘‘December 31, 2001’’ and

23 inserting ‘‘December 31, 2005’’.
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1 (b) AUTHORIZATION OF THE USE OF CERTAIN FED2 ERAL MEMORANDUMS OF UNDERSTANDING.—Section

3 3762(a)(1) is amended—

4 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’;

5 (2) by striking ‘‘and’’ after the semicolon and

6 inserting ‘‘or’’; and

7 (3) by adding at the end the following:

8 ‘‘(B) the tribal organization that has jurisdic9 tion over the veteran has entered into a memo10 randum of understanding with any department or

11 agency of the United States with respect to direct

12 housing loans to Native Americans that the Sec13 retary determines substantially complies with the re14 quirements of subsection (b); and’’.

15 (c) EXTENSION OF ANNUAL REPORT.—Section

16 3762(j) is amended by striking ‘‘2002’’ and inserting

17 ‘‘2006’’.

18 SEC. 403. MODIFICATION OF LOAN ASSUMPTION NOTICE

19 REQUIREMENT.

20 Section 3714(d) is amended to read as follows:

21 ‘‘(d) With respect to a loan guaranteed, insured, or

22 made under this chapter, the Secretary shall provide, by

23 regulation, that at least one instrument evidencing either

24 the loan or the mortgage or deed of trust therefor, shall

25 conspicuously contain, in such form as the Secretary shall
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1 specify, a notice in substantially the following form: ‘This

2 loan is not assumable without the approval of the Depart3 ment of Veterans Affairs or its authorized agent’.’’.

4 SEC. 404. INCREASE IN ASSISTANCE AMOUNT FOR SPE5 CIALLY ADAPTED HOUSING.

6 Section 2102 is amended—

7 (1) in the matter preceding paragraph (1) of

8 subsection (a), by striking ‘‘$43,000’’ and inserting

9 ‘‘$48,000’’; and

10 (2) in subsection (b)(2), by striking ‘‘$8,250’’

11 and inserting ‘‘$9,250’’.

12 SEC. 405. EXTENSION OF OTHER HOUSING AUTHORITIES.

13 (a) HOUSING LOANS FOR MEMBERS OF THE SE14 LECTED RESERVE.—Section 3702(a)(2)(E) is amended by

15 striking ‘‘September 30, 2007’’ and inserting ‘‘September

16 30, 2009’’.

17 (b) ENHANCED LOAN ASSET SALE AUTHORITY.—

18 Section 3720(h)(2) is amended by striking ‘‘December 31,

19 2008’’ and inserting ‘‘December 31, 2011’’.

20 (c) HOME LOAN FEE AUTHORITIES.—The table in

21 section 3729(b)(2) is amended by striking ‘‘October 1,

22 2008’’ each place it appears and inserting ‘‘October 1,

23 2011’’.

24 (d) PROCEDURES APPLICABLE TO LIQUIDATION

25 SALES ON DEFAULTED HOME LOANS GUARANTEED BY
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1 THE DEPARTMENT OF VETERANS AFFAIRS.—Section

2 3732(c)(11) is amended by striking ‘‘October 1, 2008’’

3 and inserting ‘‘October 1, 2011’’.

4 SEC. 406. CLARIFYING AMENDMENT RELATING TO ELIGI5 BILITY OF MEMBERS OF THE SELECTED RE6 SERVE FOR HOUSING LOANS.

7 Section 3729(b)(4)(B) is amended by inserting before

8 the period the following: ‘‘who is eligible under section

9 3702(a)(2)(E) of this title’’.

10 TITLE V—OTHER MATTERS

11 SEC. 501. INCREASE IN BURIAL BENEFITS.

12 (a) BURIAL AND FUNERAL EXPENSES.—(1) Clause

13 (1) of section 2307 is amended by striking ‘‘$1,500’’ and

14 inserting ‘‘$2,000’’.

15 (2) The amendment made by paragraph (1) shall

16 apply to deaths occurring on or after September 11, 2001.

17 (b) PLOT ALLOWANCE.—(1) Section 2303(b) is

18 amended by striking ‘‘$150’’ each place it appears and

19 inserting ‘‘$300’’.

20 (2) The amendments made by paragraph (1) shall

21 apply to deaths occurring on or after December 1, 2001.

22 SEC. 502. GOVERNMENT MARKERS FOR MARKED GRAVES

23 AT PRIVATE CEMETERIES.

24 (a) GOVERNMENT MARKER BENEFIT.—Section 2306

25 of title 38, United States Code, is amended—
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1 (1) by redesignating subsections (d) and (e) as

2 subsections (e) and (f), respectively; and

3 (2) by inserting after subsection (c) the fol4 lowing new subsection (d):

5 ‘‘(d)(1) The Secretary shall furnish, when requested,

6 an appropriate Government marker at the expense of the

7 United States for the grave of an individual described in

8 paragraph (2) or (5) of subsection (a) who is buried in

9 a private cemetery, notwithstanding that the grave is

10 marked by a headstone or marker furnished at private ex11 pense. Such a marker may be furnished only if the indi12 vidual making the request for the Government marker cer13 tifies to the Secretary that the marker will be placed on

14 the grave for which the marker is requested.

15 ‘‘(2) Any marker furnished under this subsection

16 shall be delivered by the Secretary directly to the cemetery

17 where the grave is located.

18 ‘‘(3) The authority to furnish a marker under this

19 subsection expires on December 31, 2006.

20 ‘‘(4) Not later than February 1, 2006, the Secretary

21 shall submit to the Committees on Veterans’ Affairs of

22 the Senate and House of Representatives a report on the

23 use of the authority under this subsection. The report

24 shall include the following:
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1 ‘‘(A) The rate of use of the benefit under this

2 subsection, shown by fiscal year.

3 ‘‘(B) An assessment as to the extent to which

4 markers furnished under this subsection are being

5 delivered to cemeteries and placed on grave sites

6 consistent with the provisions of this subsection.

7 ‘‘(C) The Secretary’s recommendation for ex8 tension or repeal of the expiration date specified in

9 paragraph (3).’’.

10 (b) DESIGN OF MARKER.—Subsection (c) of such

11 section is amended by striking ‘‘subsection (a) or (b)’’ and

12 inserting ‘‘subsection (a), (b), or (d)’’.

13 (c) CROSS REFERENCE CORRECTION.—Subsection

14 (a)(5) of such section is amended by striking ‘‘chapter 67’’

15 and inserting ‘‘chapter 1223’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 subsections (a) and (b) shall apply with respect to markers

18 for the graves of individuals dying on or after the date

19 of the enactment of this Act.

20 SEC. 503. INCREASE IN AMOUNT OF ASSISTANCE FOR

21 AUTOMOBILE AND ADAPTIVE EQUIPMENT

22 FOR CERTAIN DISABLED VETERANS.

23 Section 3902(a) is amended by striking ‘‘$8,000’’

24 and inserting ‘‘$9,000’’.
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1 SEC. 504. EXTENSION OF LIMITATION ON PENSION FOR

2 CERTAIN RECIPIENTS OF MEDICAID-COV3 ERED NURSING HOME CARE.

4 Paragraph (7) of subsection (d) of section 5503, as

5 redesignated by section 204(a), is amended by striking

6 ‘‘September 30, 2008’’ and inserting ‘‘September 30,

7 2011’’.

8 SEC. 505. PROHIBITION ON PROVISION OF CERTAIN BENE9 FITS WITH RESPECT TO PERSONS WHO ARE

10 FUGITIVE FELONS.

11 (a) PROHIBITION.—(1) Chapter 53 is amended by in12 serting after section 5313A the following new section:

13 ‘‘§ 5313B. Prohibition on providing certain benefits

14 with respect to persons who are fugitive

15 felons

16 ‘‘(a) A veteran who is otherwise eligible for a benefit

17 specified in subsection (c) may not be paid or otherwise

18 provided such benefit for any period during which such

19 veteran is a fugitive felon. A dependent of a veteran who

20 is otherwise eligible for a benefit specified in subsection

21 (c) may not be paid or otherwise provided such benefit

22 for any period during which such veteran or such depend23 ent is a fugitive felon.

24 ‘‘(b) For purposes of this section:

25 ‘‘(1) The term ‘fugitive felon’ means a person

26 who is a fugitive by reason of—
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1 ‘‘(A) fleeing to avoid prosecution, or cus2 tody or confinement after conviction, for an of3 fense, or an attempt to commit an offense,

4 which is a felony under the laws of the place

5 from which the person flees; or

6 ‘‘(B) violating a condition of probation or

7 parole imposed for commission of a felony

8 under Federal or State law.

9 ‘‘(2) The term ‘felony’ includes a high mis10 demeanor under the laws of a State which character11 izes as high misdemeanors offenses that would be

12 felony offenses under Federal law.

13 ‘‘(3) The term ‘dependent’ means a spouse, sur14 viving spouse, child, or dependent parent of a vet15 eran.

16 ‘‘(c) A benefit specified in this subsection is a benefit

17 under any of the following:

18 ‘‘(1) Chapter 11 of this title.

19 ‘‘(2) Chapter 13 of this title.

20 ‘‘(3) Chapter 15 of this title.

21 ‘‘(4) Chapter 17 of this title.

22 ‘‘(5) Chapter 19 of this title.

23 ‘‘(6) Chapter 30, 31, 32, 34, or 35 of this title.

24 ‘‘(7) Chapter 37 of this title.
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1 ‘‘(d)(1) The Secretary shall furnish to any Federal,

2 State, or local law enforcement official, upon the written

3 request of such official, the most current address main4 tained by the Secretary of a person who is eligible for a

5 benefit specified in subsection (c) if such official—

6 ‘‘(A) provides to the Secretary such information

7 as the Secretary may require to fully identify the

8 person;

9 ‘‘(B) identifies the person as being a fugitive

10 felon; and

11 ‘‘(C) certifies to the Secretary that appre12 hending such person is within the official duties of

13 such official.

14 ‘‘(2) The Secretary shall enter into memoranda of un15 derstanding with Federal law enforcement agencies, and

16 may enter into agreements with State and local law en17 forcement agencies, for purposes of furnishing information

18 to such agencies under paragraph (1).’’.

19 (2) The table of sections at the beginning of that

20 chapter is amended by inserting after the item relating

21 to section 5313A the following new item:

‘‘5313B. Prohibition on providing certain benefits with respect to persons who

are fugitive felons.’’.

22 (b) SENSE OF CONGRESS ON ENTRY INTO MEMO23 RANDA OF UNDERSTANDING AND AGREEMENTS.—It is

24 the sense of Congress that the memoranda of under-
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1 standing and agreements referred to in section

2 5313B(d)(2) of title 38, United States Code (as added by

3 subsection (a)), should be entered into as soon as prac4 ticable after the date of the enactment of this Act, but

5 not later than six months after that date.

6 SEC. 506. LIMITATION ON PAYMENT OF COMPENSATION

7 FOR VETERANS REMAINING INCARCERATED

8 SINCE OCTOBER 7, 1980.

9 (a) LIMITATION.—Section 5313 of title 38, United

10 States Code, other than subsection (d) of that section,

11 shall apply with respect to the payment of compensation

12 to or with respect to any veteran described in subsection

13 (b).

14 (b) COVERED VETERANS.—A veteran described in

15 this subsection is a veteran who is entitled to compensa16 tion and who—

17 (1) on October 7, 1980, was incarcerated in a

18 Federal, State, or local penal institution for a felony

19 committed before that date; and

20 (2) remains so incarcerated for conviction of

21 that felony as of the date of the enactment of this

22 Act.

23 (c) EFFECTIVE DATE.—This section shall apply with

24 respect to the payment of compensation for months begin-
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1 ning on or after the end of the 90-day period beginning

2 on the date of the enactment of this Act.

3 (d) COMPENSATION DEFINED.—For purposes of this

4 section, the term ‘‘compensation’’ has the meaning given

5 that term in section 5313 of title 38, United States Code.

6 SEC. 507. ELIMINATION OF REQUIREMENT FOR PROVIDING

7 A COPY OF NOTICE OF APPEAL TO THE SEC8 RETARY OF VETERANS AFFAIRS.

9 (a) REPEAL.—Section 7266 is amended by striking

10 subsection (b).

11 (b) CONFORMING AMENDMENTS.—Such section is

12 further amended—

13 (1) by striking ‘‘(1)’’ after ‘‘(a)’’;

14 (2) by redesignating paragraph (2) as sub15 section (b);

16 (3) by redesignating paragraph (3) as sub17 section (c) and redesignating subparagraphs (A) and

18 (B) thereof as paragraphs (1) and (2); and

19 (4) by redesignating paragraph (4) as sub20 section (d) and by striking ‘‘paragraph (3)(B)’’

21 therein and inserting ‘‘subsection (c)(2)’’.
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1 SEC. 508. INCREASE IN FISCAL YEAR LIMITATION ON NUM2 BER OF VETERANS IN PROGRAMS OF INDE3 PENDENT LIVING SERVICES AND ASSIST4 ANCE.

5 (a) INCREASE IN LIMITATION.—Section 3120(e) is

6 amended by striking ‘‘five hundred’’ and inserting

7 ‘‘2,500’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall take effect as of September 30, 2001.

10 SEC. 509. TECHNICAL AND CLERICAL AMENDMENTS.

11 (a) REPEAL OF EXPIRED PROVISION.—(1) Section

12 712 is repealed.

13 (2) The table of sections at the beginning of chapter

14 7 is amended by striking the item relating to section 712.

15 (b) CORRECTION OF WORD OMISSION.—Section

16 1710B(c)(2)(B) is amended by inserting ‘‘on’’ before ‘‘No17 vember 30, 1999’’.

18 (c) REPEAL OF ERRONEOUS CROSS REFERENCE.—

19 Section 1729B(b) is amended—

20 (1) by striking paragraph (1); and

21 (2) by redesignating paragraphs (2), (3), and

22 (4) as paragraphs (1), (2), and (3), respectively.

23 (d) CORRECTION OF CROSS REFERENCE.—Section

24 3695(a)(5) is amended by striking ‘‘1610’’ and inserting

25 ‘‘1611’’.
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1 (e) STYLISTIC CORRECTION.—Section 1001(a)(2) of

2 the Veterans’ Benefits Improvements Act of 1994 (Public

3 Law 103–446; 38 U.S.C. 7721 note) is amended by strik4 ing ‘‘and’’ at the end of subparagraph (C).

5 (f) CORRECTION OF PREVIOUS AMENDMENT.—Effec6 tive November 30, 1999, and as if included therein as

7 originally enacted, section 204(e)(3) of the Veterans Mil8 lennium Health Care and Benefits Act (Public Law 106–

9 117; 113 Stat. 1563) is amended by striking ‘‘and insert10 ing ‘a’;’’ and inserting ‘‘the first place it appears and in11 serting ‘an’;’’.

12 TITLE VI—UNITED STATES

13 COURT OF APPEALS FOR VET14 ERANS CLAIMS

15 SEC. 601. FACILITATION OF STAGGERED TERMS OF JUDGES

16 THROUGH TEMPORARY EXPANSION OF THE

17 COURT.

18 (a) IN GENERAL.—Section 7253 is amended by add19 ing at the end the following new subsection:

20 ‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) Dur21 ing the period from January 1, 2002, through August 15,

22 2005, the authorized number of judges of the Court speci23 fied in subsection (a) is increased by two.

24 ‘‘(2)(A) Of the two additional judges authorized by

25 this subsection—
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1 ‘‘(i) only one may be appointed pursuant to a

2 nomination made in 2002; and

3 ‘‘(ii) only one may be appointed pursuant to a

4 nomination made in 2003.

5 ‘‘(B If a judge is not appointed under this subsection

6 pursuant to a nomination made in 2002, a judge may be

7 appointed under this subsection pursuant to a nomination

8 made in 2004. If a judge is not appointed under this sub9 section pursuant to a nomination made in 2003, a judge

10 may be appointed under this subsection pursuant to a

11 nomination made in 2004. In either case, such an appoint12 ment may be made only pursuant to a nomination made

13 before October 1, 2004.

14 ‘‘(3) The term of office and the eligibility for retire15 ment of a judge appointed under this subsection, other

16 than a judge described in paragraph (4), are governed by

17 the provisions of section 1012 of the Court of Appeals for

18 Veterans Claims Amendments of 1999 (title X of Public

19 Law 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if

20 the judge is one of the first two judges appointed to the

21 Court after November 30, 1999.

22 ‘‘(4) A judge of the Court as of the date of the enact23 ment of this subsection who was appointed to the Court

24 before January 1, 1991, may accept appointment as a

25 judge of the Court under this subsection notwithstanding
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1 that the term of office of the judge on the Court has not

2 yet expired under this section. The term of office of an

3 incumbent judge who receives an appointment as de4 scribed in the preceding sentence shall be 15 years, which

5 includes any period remaining in the unexpired term of

6 the judge. Any service following an appointment under

7 this subsection shall be treated as though served as part

8 of the original term of office of that judge on the Court.

9 ‘‘(5) Notwithstanding paragraph (1), an appointment

10 may not be made to the Court if the appointment would

11 result in there being more than seven judges on the Court

12 who were appointed after January 1, 1997. For the pur13 poses of this paragraph, a judge serving in recall status

14 under section 7257 of this title shall be disregarded in

15 counting the number of judges appointed to the Court

16 after such date.’’.

17 (b) STYLISTIC AMENDMENTS.—That section is fur18 ther amended—

19 (1) in subsection (b), by inserting ‘‘APPOINT20 MENT.—’’ before ‘‘The judges’’;

21 (2) in subsection (c), by inserting ‘‘TERM OF

22 OFFICE.—’’ before ‘‘The term’’;

23 (3) in subsection (f), by striking ‘‘(f)(1)’’ and

24 inserting ‘‘(f) REMOVAL.—(1)’’; and
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1 (4) in subsection (g), by striking ‘‘(g)(1)’’ and

2 inserting ‘‘(g) RULES.—(1)’.

3 SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE

4 REGARDING ACCEPTANCE OF REAPPOINT5 MENT AS CONDITION TO RETIREMENT FROM

6 THE COURT.

7 Section 7296(b)(2) is amended by striking the second

8 sentence.

9 SEC. 603. TERMINATION OF NOTICE OF DISAGREEMENT AS

10 JURISDICTIONAL REQUIREMENT FOR THE

11 COURT.

12 (a) TERMINATION.—Section 402 of the Veterans’ Ju13 dicial Review Act (division A of Public Law 100–687; 102

14 Stat. 4122; 38 U.S.C. 7251 note) is repealed.

15 (b) ATTORNEY FEES.—Section 403 of the Veterans’

16 Judicial Review Act (102 Stat. 4122; 38 U.S.C. 5904

17 note) is repealed.

18 (c) CONSTRUCTION.—The repeal in subsection (a)

19 may not be construed to confer upon the United States

20 Court of Appeals for Veterans Claims jurisdiction over any

21 appeal or other matter not within the jurisdiction of the

22 Court as provided in section 7266(a) of title 38, United

23 States Code.
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1 (d) APPLICABILITY.—The repeals made by sub2 sections (a) and (b) shall apply to any appeal filed with

3 the United States Court of Appeals for Veterans Claims—

4 (1) on or after the date of the enactment of this

5 Act; or

6 (2) before the date of the enactment of this Act

7 but in which a final decision has not been made

8 under section 7291 of title 38, United States Code,

9 as of that date.

10 SEC. 604. REGISTRATION FEES.

11 (a) FEES FOR COURT-SPONSORED ACTIVITIES.—

12 Subsection (a) of section 7285 is amended by adding at

13 the end the following new sentence: ‘‘The Court may also

14 impose a registration fee on persons (other than judges

15 of the Court) participating at judicial conferences con16 vened pursuant to section 7286 of this title or in any other

17 court-sponsored activity.’’.

18 (b) USE OF FEES.—Subsection (b) of such section

19 is amended by striking ‘‘for the purposes of (1)’’ and all

20 that follows through the period and inserting ‘‘for the fol21 lowing purposes:

22 ‘‘(1) Conducting investigations and proceedings,

23 including employing independent counsel, to pursue

24 disciplinary matters.

25 ‘‘(2) Defraying the expenses of—
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1 ‘‘(A) judicial conferences convened pursu2 ant to section 7286 of this title; and

3 ‘‘(B) other activities and programs of the

4 Court that are intended to support and foster

5 communication and relationships between the

6 Court and persons practicing before the Court

7 or the study, understanding, public commemo8 ration, or improvement of veterans law or of the

9 work of the Court.’’.

10 (c) CLERICAL AMENDMENTS.—(1) The heading for

11 such section is amended to read as follows:

12 ‘‘§ 7285. Practice and registration fees’’.

13 (2) The item relating to such section in the table of

14 sections at the beginning of chapter 72 is amended to read

15 as follows:

‘‘7285. Practice and registration fees.’’.

16 SEC. 605. ADMINISTRATIVE AUTHORITIES.

17 (a) IN GENERAL.—Subchapter III of chapter 72 is

18 amended by inserting after section 7286 the following new

19 section:

20 ‘‘§ 7287. Administration

21 ‘‘Notwithstanding any other provision of law, the

22 Court of Appeals for Veterans Claims may exercise, for

23 purposes of management, administration, and expenditure

24 of funds of the Court, the authorities provided for such

25 purposes by any provision of law (including any limitation
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1 with respect to such provision of law) applicable to a court

2 of the United States (as that term is defined in section

3 451 of title 28), except to the extent that such provision

4 of law is inconsistent with a provision of this chapter.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by inserting

7 after the item related to section 7286 the following new

8 item:

‘‘7287. Administration.’’.

Æ