II

Calendar No. 194

107TH CONGRESS

1ST SESSION S. 1088

[Report No. 107–86]

To amend title 38, United States Code, to facilitate the use of educational

assistance under the Montgomery GI Bill for education leading to employment in high technology industry, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 22, 2001

Mr. ROCKEFELLER (for himself, Mr. SPECTER, Mr. GRAHAM, and Mr. CRAIG)

introduced the following bill; which was read twice and referred to the

Committee on Veterans’ Affairs

OCTOBER 15, 2001

Reported by Mr. ROCKEFELLER, with an amendment and an amendment to

the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 38, United States Code, to facilitate the

use of educational assistance under the Montgomery GI

Bill for education leading to employment in high technology industry, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ACCELERATED PAYMENTS OF EDUCATIONAL

2 ASSISTANCE UNDER MONTGOMERY GI BILL

3 FOR EDUCATION LEADING TO EMPLOYMENT

4 IN HIGH TECHNOLOGY INDUSTRY.

5 (a) IN GENERAL.—(1) Chapter 30 of title 38, United

6 States Code, is amended by inserting after section 3014

7 the following new section:

8 ‘‘§ 3014A. Accelerated payment of basic educational

9 assistance for education leading to em10 ployment in high technology industry

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

12 is entitled to basic educational assistance under this sub13 chapter may elect to receive an accelerated payment of the

14 basic educational assistance allowance otherwise payable

15 to the individual under section 3015 of this title.

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

17 individual who is—

18 ‘‘(1) enrolled in an approved program of edu19 cation that leads to employment in a high technology

20 industry (as determined pursuant to regulations pre21 scribed by the Secretary); and

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

23 of education that, when divided by the number of

24 months (and fractions thereof) in the enrollment pe25 riod, exceeds the amount equal to 200 percent of the

26 monthly rate of basic educational assistance allow-
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1 ance otherwise payable to the individual under sec2 tion 3015 of this title.

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

4 basic educational assistance made to an individual making

5 an election under subsection (a) for a program of edu6 cation shall be the lesser of—

7 ‘‘(A) the amount equal to 60 percent of the es8 tablished charges for the program of education; or

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

10 assistance to which the individual remains entitled

11 under this chapter at the time of the payment.

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

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

14 the actual charges (as determined pursuant to regulations

15 prescribed by the Secretary) for tuition and fees which

16 similarly circumstanced nonveterans enrolled in the pro17 gram of education would be required to pay. Established

18 charges shall be determined on the following basis:

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

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

21 semester basis, the tuition and fees charged the indi22 vidual for the term, quarter, or semester.

23 ‘‘(B) In the case of an individual enrolled in a

24 program of education not offered on a term, quarter,
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1 or semester basis, the tuition and fees charged the

2 individual for the entire program of education.

3 ‘‘(3) The educational institution providing the pro4 gram of education for which an accelerated payment of

5 basic educational assistance allowance is elected by an in6 dividual under subsection (a) shall certify to the Secretary

7 the amount of the established charges for the program of

8 education.

9 ‘‘(d) An accelerated payment of basic educational as10 sistance made to an individual under this section for a

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

12 day of the month immediately following the month in

13 which the Secretary receives a certification from the edu14 cational institution providing the program of education of

15 the individual’s enrollment in and pursuit of the program

16 of education.

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

18 accelerated payment of basic educational assistance made

19 to an individual under this section, the individual’s entitle20 ment to basic educational assistance under this chapter

21 shall be charged the number of months (and any fraction

22 thereof) determined by dividing the amount of the acceler23 ated payment by the full-time monthly rate of basic edu24 cational assistance allowance otherwise payable to the in25 dividual under section 3015 of this title as of the begin-
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1 ning date of the enrollment period for the program of edu2 cation for which the accelerated payment is made.

3 ‘‘(2) If the monthly rate of basic educational assist4 ance allowance otherwise payable to an individual under

5 section 3015 of this title increases during the enrollment

6 period of a program of education for which an accelerated

7 payment of basic educational assistance is made under

8 this section, the individual’s entitlement to basic edu9 cational assistance under this chapter shall be charged the

10 number of months (and any fraction thereof) determined

11 by computing the portion of the accelerated payment at12 tributable to each monthly rate that would have payable

13 for the enrollment, dividing each such portion by the appli14 cable monthly rate, and adding the results together.

15 ‘‘(f) The Secretary may, pursuant to such regulations

16 as the Secretary shall prescribe, recover overpayments of

17 basic educational assistance under this chapter resulting

18 from accelerated payments of basic educational assistance

19 under this section.

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

21 carry out this section. The regulations shall include re22 quirements, conditions, and methods for electing and

23 using accelerated payments of basic educational assistance

24 under this section and for the recovery of overpayments

25 of basic educational assistance under this chapter result-
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1 ing from accelerated payments of basic educational assist2 ance under this section.’’.

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

4 chapter is amended by inserting after the item relating

5 to section 3014 the following new item:

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

6 (b) RESTATEMENT AND EXPANSION OF CERTAIN AD7 MINISTRATIVE AUTHORITIES.—Subsection (g) of section

8 3680 of title 38, United States Code, is amended to read

9 as follows:

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

11 which the Secretary shall prescribe, determine and define

12 with respect to an eligible veteran and eligible person the

13 following:

14 ‘‘(A) Enrollment in a course or a program of

15 education or training.

16 ‘‘(B) Pursuit of a course or program of edu17 cation or training.

18 ‘‘(C) Attendance at a course or program of edu19 cation and training.

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

21 to an eligible veteran or eligible person until the Secretary

22 receives such proof as the Secretary may require of enroll23 ment in and satisfactory pursuit of a program of education

24 by the eligible veteran or eligible person. The Secretary
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1 shall adjust the payment withheld, when necessary, on the

2 basis of the proof the Secretary receives.

3 ‘‘(3) In the case of an individual other than an indi4 vidual described in paragraph (4), the Secretary may ac5 cept the individual’s monthly certification of enrollment in

6 and satisfactory pursuit of a program of education as suf7 ficient proof of the certified matters.

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

9 an accelerated payment of basic educational assistance

10 under section 3014A of this title during an enrollment pe11 riod for a program of education, the Secretary may accept

12 the individual’s certification of enrollment in and satisfac13 tory pursuit of the program of education as sufficient

14 proof of the certified matters if the certification is sub15 mitted after the enrollment period has ended.’’.

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

17 this section shall take effect eight months after the date

18 of the enactment of this Act, and shall apply with respect

19 to enrollments in courses or programs of education or

20 training beginning on or after that date.

21 SEC. 2. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY EN22 TITIES IN DEFINITION OF EDUCATIONAL IN23 STITUTION.

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

25 of title 38, United States Code, are each amended by add-
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1 ing at the end the following new sentence: ‘‘Such term

2 also includes any private entity (that meets such require3 ments as the Secretary may establish) that offers, either

4 directly or under an agreement with another entity (that

5 meets such requirements), a course or courses to fulfill

6 requirements for the attainment of a license or certificate

7 generally recognized as necessary to obtain, maintain, or

8 advance in employment in a profession or vocation in a

9 high technology occupation (as determined by the Sec10 retary).’’.

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

12 subsection (a) shall apply to enrollments in courses occur13 ring on or after the date of the enactment of this Act.

14 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

15 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet16 erans’ Benefits Improvement Act of 2001’’.

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

18 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—EDUCATION MATTERS

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

Bill.

Sec. 102. Authority for accelerated payments of basic educational assistance

under Montgomery GI Bill.

Sec. 103. Accelerated payments of educational assistance under Montgomery GI

Bill for education leading to employment in high technology industry.

Sec. 104. Eligibility for Montgomery GI Bill benefits of certain additional Vietnam era veterans.

Sec. 105. Inclusion of certain private technology entities in definition of educational institution.
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TITLE II—COMPENSATION AND PENSION MATTERS

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

Sec. 202. Compensation for disabilities of Persian Gulf War veterans.

Sec. 203. Exclusion of certain additional income from determinations of annual

income for pension purposes.

Sec. 204. Time limitation on receipt of claim information pursuant to request by

Department of Veterans Affairs.

Sec. 205. Effective date of change in recurring income for pension purposes.

Sec. 206. Prohibition on provision of certain benefits with respect to veterans who

are fugitive felons.

Sec. 207. Limitation on payment of compensation for veterans remaining incarcerated for felonies committed before October 7, 1980.

Sec. 208. Repeal of limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 209. Extension of certain expiring authorities.

TITLE III—HOUSING MATTERS

Sec. 301. Increase in home loan guaranty amount for construction and purchase

of homes.

Sec. 302. Four-year extension of Native American Veterans Housing Loan Program.

Sec. 303. Extension of other expiring authorities.

TITLE IV—BURIAL MATTERS

Sec. 401. Increase in burial and funeral expense benefit for veterans who die of

service-connected disabilities.

Sec. 402. Authority to provide bronze grave markers for privately marked graves.

TITLE V—OTHER BENEFITS MATTERS

Sec. 501. Repeal of fiscal year limitation on number of veterans in programs of

independent living services and assistance.

TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

Sec. 601. Temporary expansion of United States Court of Appeals for Veterans

Claims to facilitate staggered terms of judges.

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

Court of Appeals for Veterans Claims.

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

United States Court of Appeals for Veterans Claims.

Sec. 604. Registration fees.

Sec. 605. Administrative authorities.

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 of

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

2 other provision of title 38, United States Code.

3 TITLE I—EDUCATION MATTERS

4 SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL AS5 SISTANCE UNDER MONTGOMERY GI BILL.

6 (a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—Sec7 tion 3015 is amended—

8 (1) in subsection (a)(1), by striking ‘‘$650 (as

9 increased from time to time under subsection (h))’’

10 and inserting ‘‘$700, for months beginning after Sep11 tember 30, 2001, but before September 30, 2002, $800

12 for months beginning after September 30, 2002, but

13 before September 30, 2003, and $950 for months be14 ginning after September 30, 2003, but before Sep15 tember 30, 2004, and as increased from time to time

16 under subsection (h) after September 30, 2004,’’; and

17 (2) in subsection (b)(1), by striking ‘‘$528 (as

18 increased from time to time under subsection (h))’’

19 and inserting ‘‘$569, for months beginning after Sep20 tember 30, 2001, but before September 30, 2002, $650

21 for months beginning after September 30, 2002, but

22 before September 30, 2003, and $772 for months be23 ginning after September 30, 2003, but before Sep24 tember 30, 2004, and as increased from time to time

25 under subsection (h) after September 30, 2004,’’.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect on October 1, 2001, and shall

3 apply with respect to educational assistance allowances

4 paid under chapter 30 of title 38, United States Code, for

5 months after September 2001. However, no adjustment shall

6 be made under section 3015(h) of title 38, United States

7 Code, for fiscal years 2002, 2003, or 2004.

8 SEC. 102. AUTHORITY FOR ACCELERATED PAYMENTS OF

9 BASIC EDUCATIONAL ASSISTANCE UNDER

10 MONTGOMERY GI BILL.

11 (a) IN GENERAL.—Section 3014 is amended by adding

12 at the end the following new subsection:

13 ‘‘(c)(1)(A) Notwithstanding any other provision of this

14 chapter and subject to subparagraph (B), an individual en15 titled to basic educational assistance under this subchapter

16 may elect to receive an accelerated payment of the basic

17 educational assistance allowance.

18 ‘‘(B) The Secretary may not make an accelerated pay19 ment under this subsection for a course to an individual

20 who has received an advance payment under section 3014A

21 or 3680(d) of this title for the same enrollment period.

22 ‘‘(2)(A) Pursuant to an election under paragraph (1),

23 the Secretary shall make an accelerated payment to an in24 dividual for a course in a lump-sum amount equal to the

25 lesser of—
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1 ‘‘(i) the amount of the educational assistance al2 lowance for the month, or fraction thereof, in which

3 the course begins plus the educational assistance al4 lowance for each of the succeeding four months; or

5 ‘‘(ii)(I) in the case of a course offered on a quar6 ter, semester, or term basis, the amount of aggregate

7 monthly educational assistance allowance otherwise

8 payable under this subchapter for the course for the

9 entire quarter, semester, or term; or

10 ‘‘(II) in the case of a course that is not offered

11 on a quarter, semester, or term basis, the amount of

12 aggregate monthly educational assistance allowance

13 otherwise payable under this subchapter for the entire

14 course.

15 ‘‘(B) In the case of an adjustment under section

16 3015(h) of this title in the monthly rate of basic educational

17 assistance that occurs during a period for which an acceler18 ated payment is made under this subsection, the Secretary

19 shall pay—

20 ‘‘(i) on an accelerated basis the amount of the al21 lowance otherwise payable under this subchapter for

22 the period without regard to the adjustment under

23 that section; and
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1 ‘‘(ii) on the date of the adjustment any addi2 tional amount of the allowance that is payable for the

3 period as a result of the adjustment.

4 ‘‘(3) For each accelerated payment made to an indi5 vidual under this subsection, the individual’s entitlement

6 under this subchapter shall be charged at the same rate at

7 which the entitlement would be charged if the individual

8 had received a monthly educational assistance allowance for

9 the period of educational pursuit covered by the accelerated

10 payment.

11 ‘‘(4) The Secretary shall prescribe regulations to carry

12 out this subsection. The regulations shall include the re13 quirements, conditions, and methods for the request,

14 issuance, delivery, certification of receipt and use, and re15 covery of overpayment of an accelerated payment under this

16 subsection.’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on the date that is six months

19 after the date of the enactment of this Act, and shall apply

20 with respect to courses of education beginning on or after

21 that date.
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1 SEC. 103. ACCELERATED PAYMENTS OF EDUCATIONAL AS2 SISTANCE UNDER MONTGOMERY GI BILL FOR

3 EDUCATION LEADING TO EMPLOYMENT IN

4 HIGH TECHNOLOGY INDUSTRY.

5 (a) IN GENERAL.—(1) Chapter 30 is amended by in6 serting after section 3014 the following new section:

7 ‘‘§ 3014A. Accelerated payment of basic educational

8 assistance for education leading to em9 ployment in high technology industry

10 ‘‘(a) An individual described in subsection (b) who is

11 entitled to basic educational assistance under this sub12 chapter may elect to receive an accelerated payment of the

13 basic educational assistance allowance otherwise payable to

14 the individual under section 3015 of this title.

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

16 individual who is—

17 ‘‘(1) enrolled in an approved program of edu18 cation that leads to employment in a high technology

19 industry (as determined pursuant to regulations pre20 scribed by the Secretary); and

21 ‘‘(2) charged tuition and fees for the program of

22 education that, when divided by the number of

23 months (and fractions thereof) in the enrollment pe24 riod, exceeds the amount equal to 200 percent of the

25 monthly rate of basic educational assistance allow-
15

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1 ance otherwise payable to the individual under sec2 tion 3015 of this title.

3 ‘‘(c)(1) The amount of the accelerated payment of basic

4 educational assistance made to an individual making an

5 election under subsection (a) for a program of education

6 shall be the lesser of—

7 ‘‘(A) the amount equal to 60 percent of the estab8 lished charges for the program of education; or

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

10 assistance to which the individual remains entitled

11 under this chapter at the time of the payment.

12 ‘‘(2) In this subsection, the term ‘established charges’,

13 in the case of a program of education, means the actual

14 charges (as determined pursuant to regulations prescribed

15 by the Secretary) for tuition and fees which similarly

16 circumstanced nonveterans enrolled in the program of edu17 cation would be required to pay. Established charges shall

18 be determined on the following basis:

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

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

21 semester basis, the tuition and fees charged the indi22 vidual for the term, quarter, or semester.

23 ‘‘(B) In the case of an individual enrolled in a

24 program of education not offered on a term, quarter,
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1 or semester basis, the tuition and fees charged the in2 dividual for the entire program of education.

3 ‘‘(3) The educational institution providing the pro4 gram of education for which an accelerated payment of

5 basic educational assistance allowance is elected by an indi6 vidual under subsection (a) shall certify to the Secretary

7 the amount of the established charges for the program of

8 education.

9 ‘‘(d) An accelerated payment of basic educational as10 sistance made to an individual under this section for a pro11 gram of education shall be made not later than the last day

12 of the month immediately following the month in which the

13 Secretary receives a certification from the educational insti14 tution regarding—

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

16 of the program of education; and

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

18 program of education.

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

20 accelerated payment of basic educational assistance made

21 to an individual under this section, the individual’s entitle22 ment to basic educational assistance under this chapter

23 shall be charged the number of months (and any fraction

24 thereof) determined by dividing the amount of the acceler25 ated payment by the full-time monthly rate of basic edu-
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1 cational assistance allowance otherwise payable to the indi2 vidual under section 3015 of this title as of the beginning

3 date of the enrollment period for the program of education

4 for which the accelerated payment is made.

5 ‘‘(2) If the monthly rate of basic educational assistance

6 allowance otherwise payable to an individual under section

7 3015 of this title increases during the enrollment period of

8 a program of education for which an accelerated payment

9 of basic educational assistance is made under this section,

10 the charge to the individual’s entitlement to basic edu11 cational assistance under this chapter shall be determined

12 by prorating the entitlement chargeable, in the matter pro13 vided for under paragraph (1), for the periods covered by

14 the initial rate and increased rate, respectively, in accord15 ance with regulations prescribed by the Secretary.

16 ‘‘(f) The Secretary may not make an accelerated pay17 ment under this section for a program of education to an

18 individual who has received an advance payment under sec19 tion 3014(c) or 3680(d) of this title for the same enrollment

20 period.

21 ‘‘(g) The Secretary shall prescribe regulations to carry

22 out this section. The regulations shall include requirements,

23 conditions, and methods for the request, issuance, delivery,

24 certification of receipt and use, and recovery of overpay25 ment of an accelerated payment under this section.’’.
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1 (2) The table of sections at the beginning of that chap2 ter is amended by inserting after the item relating to section

3 3014 the following new item:

‘‘3014A. Accelerated payment of basic educational assistance for education leading

to employment in high technology industry.’’.

4 (b) RESTATEMENT AND ENHANCEMENT OF CERTAIN

5 ADMINISTRATIVE AUTHORITIES.—Subsection (g) of section

6 3680 is amended to read as follows:

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

8 which the Secretary shall prescribe, determine and define

9 with respect to an eligible veteran and eligible person the

10 following:

11 ‘‘(A) Enrollment in a course or a program of

12 education or training.

13 ‘‘(B) Pursuit of a course or program of edu14 cation or training.

15 ‘‘(C) Attendance at a course or program of edu16 cation and training.

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

18 to an eligible veteran or eligible person until the Secretary

19 receives such proof as the Secretary may require of enroll20 ment in and satisfactory pursuit of a program of education

21 by the eligible veteran or eligible person. The Secretary shall

22 adjust the payment withheld, when necessary, on the basis

23 of the proof the Secretary receives.
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1 ‘‘(3) In the case of an individual other than an indi2 vidual described in paragraph (4), the Secretary may ac3 cept the individual’s monthly certification of enrollment in

4 and satisfactory pursuit of a program of education as suffi5 cient proof of the certified matters.

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

7 accelerated payment of basic educational assistance under

8 section 3014A of this title during an enrollment period for

9 a program of education, the Secretary may accept the indi10 vidual’s certification of enrollment in and satisfactory pur11 suit of the program of education as sufficient proof of the

12 certified matters if the certification is submitted after the

13 enrollment period has ended.’’.

14 (c) EFFECTIVE DATE.—The amendments made by this

15 section shall take effect eight months after the date of the

16 enactment of this Act, and shall apply with respect to en17 rollments in courses or programs of education or training

18 beginning on or after that date.

19 SEC. 104. ELIGIBILITY FOR MONTGOMERY GI BILL BENE20 FITS OF CERTAIN ADDITIONAL VIETNAM ERA

21 VETERANS.

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

23 amended—

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

25 (A);
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1 (2) by adding ‘‘or’’ at the end of subparagraph

2 (B); and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(C) as of December 31, 1989, is eligible for

6 educational assistance benefits under chapter 34

7 of this title and—

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

9 19, 1984;

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

11 of active duty after the date specified in

12 clause (i); and

13 ‘‘(iii) after July 1, 1985, either—

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

15 continuous active duty in the Armed

16 Forces; or

17 ‘‘(II) is discharged or released

18 from active duty (aa) for a service-con19 nected disability, for a medical condi20 tion which preexisted such service on

21 active duty and which the Secretary

22 determines is not service connected, for

23 hardship, or for a physical or mental

24 condition that was not characterized as

25 a disability, as described in subpara-
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1 graph (A)(ii)(I) of this paragraph, (bb)

2 for the convenience of the Government,

3 if the individual completed not less

4 than 30 months of continuous active

5 duty after that date, or (cc) involun6 tarily for the convenience of the Gov7 ernment as a result of a reduction in

8 force, as determined by the Secretary of

9 the military department concerned in

10 accordance with regulations prescribed

11 by the Secretary of Defense or by the

12 Secretary of Transportation with re13 spect to the Coast Guard when it is not

14 operating as a service in the Navy;’’.

15 (b) SELECTED RESERVE PROGRAM.—Section

16 3012(a)(1) is amended—

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

18 (A);

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

20 (B); and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(C) as of December 31, 1989, is eligible for

24 educational assistance under chapter 34 of this

25 title and—
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1 ‘‘(i) was not on active duty on October

2 19, 1984;

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

4 of active duty after the date specified in

5 clause (i); and

6 ‘‘(iii) after July 1, 1985—

7 ‘‘(I) serves at least two years of

8 continuous active duty in the Armed

9 Forces, subject to subsection (b) of this

10 section, characterized by the Secretary

11 concerned as honorable service; and

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

13 this section and beginning within one

14 year after completion of such two years

15 of service, serves at least four contin16 uous years in the Selected Reserve dur17 ing which the individual participates

18 satisfactorily in training as prescribed

19 by the Secretary concerned;’’.

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

21 is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘and’’ at the end of para24 graph (1);
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1 (B) by striking the period at the end of

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

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

4 paragraph:

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

6 entitled to such assistance under section

7 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the

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

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

10 3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting ‘‘sec11 tion 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or

12 3012(a)(1)(C)’’.

13 SEC. 105. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY

14 ENTITIES IN DEFINITION OF EDUCATIONAL

15 INSTITUTION.

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

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

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

19 meets such requirements as the Secretary may establish)

20 that offers, either directly or under an agreement with an21 other entity (that meets such requirements), a course or

22 courses to fulfill requirements for the attainment of a license

23 or certificate generally recognized as necessary to obtain,

24 maintain, or advance in employment in a profession or vo-
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1 cation in a high technology occupation (as determined by

2 the Secretary).’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply to enrollments in courses occurring

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

6 TITLE II—COMPENSATION AND

7 PENSION MATTERS

8 SEC. 201. MODIFICATION AND EXTENSION OF AUTHORITIES

9 ON PRESUMPTION OF SERVICE-CONNECTION

10 FOR HERBICIDE-RELATED DISABILITIES OF

11 VIETNAM ERA VETERANS.

12 (a) PRESUMPTION OF EXPOSURE TO HERBICIDE

13 AGENTS IN VIETNAM DURING VIETNAM ERA.—(1) Section

14 1116 is amended—

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

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

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

18 (B) in subsection (a), by redesignating para19 graph (4) as paragraph (3); and

20 (C) in subsection (f), as transferred and redesig21 nated by subparagraph (B) of this paragraph—

22 (i) by striking ‘‘For the purposes of this

23 subsection, a veteran’’ and inserting ‘‘For pur24 poses of establishing service connection for a dis25 ability or death resulting from exposure to a her-
25

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1 bicide agent, including a presumption of service2 connection under this section, a veteran’’; and

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

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

5 (2)(A) The section heading of that section is amended

6 to read as follows:

7 ‘‘§ 1116. Presumptions of service connection for dis8 eases associated with exposure to certain

9 herbicide agents; presumption of expo10 sure’’.

11 (B) The table of section at the beginning of chapter

12 11 is amended by striking the item relating to section 1116

13 and inserting the following new item:

‘‘1116. Presumptions of service connection for diseases associated with exposure to

certain herbicide agents; presumption of exposure.’’.

14 (b) EXTENSION OF AUTHORITY TO PRESUME SERV15 ICE-CONNECTION FOR ADDITIONAL DISEASES.—(1) Sub16 section (e) of section 1116 is amended by striking ‘‘10

17 years’’ and inserting ‘‘20 years’’.

18 (2) Section 3(i) of the Agent Orange Act of 1991 (38

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

20 inserting ‘‘20 years’’.

21 SEC. 202. COMPENSATION FOR DISABILITIES OF PERSIAN

22 GULF WAR VETERANS.

23 (a) PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILL24 NESSES.—Section 1117 is amended—
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•S 1088 RS

1 (1) in subsection (a)(2), by striking ‘‘within the

2 presumptive period prescribed under subsection (b)’’

3 and inserting ‘‘before December 31, 2011, or such

4 later date as the Secretary may prescribe by regula5 tion’’;

6 (2) by striking subsection (b); and

7 (3) by redesignating subsections (c), (d), (e), and

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

9 (b) ILLNESSES THAT CANNOT BE CLEARLY DE10 FINED.—Subsection (a) of that section is further amended

11 by inserting ‘‘or any poorly defined chronic multisymptom

12 illness of unknown etiology, regardless of diagnosis, charac13 terized by two or more of the signs or symptoms listed in

14 subsection (f)’’ after ‘‘illnesses)’’.

15 (c) SIGNS OR SYMPTOMS THAT MAY INDICATE

16 UNDIAGNOSED ILLNESSES.—That section is further amend17 ed by adding at the end the following new subsection:

18 ‘‘(f) For purposes of this section, signs or symptoms

19 that may be a manifestation of an undiagnosed illness in20 clude the following:

21 ‘‘(1) Fatigue.

22 ‘‘(2) Unexplained rashes or other dermatological

23 signs or symptoms.

24 ‘‘(3) Headache.

25 ‘‘(4) Muscle pain.
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1 ‘‘(5) Joint pain.

2 ‘‘(6) Neurologic signs or symptoms.

3 ‘‘(7) Neuropsychological signs or symptoms.

4 ‘‘(8) Signs or symptoms involving the res5 piratory system (upper or lower).

6 ‘‘(9) Sleep disturbances.

7 ‘‘(10) Gastrointestinal signs or symptoms.

8 ‘‘(11) Cardiovascular signs or symptoms.

9 ‘‘(12) Abnormal weight loss.

10 ‘‘(13) Menstrual disorders.’’.

11 (d) PRESUMPTION OF SERVICE CONNECTION PRO12 GRAM.—Section 1118(a) is amended by adding at the end

13 the following new paragraph:

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

15 that may be a manifestation of an undiagnosed illness in16 clude the signs and symptoms listed in section 1117(f) of

17 this title.’’.

18 (e) EFFECTIVE DATE.—The amendments made by this

19 section shall take effect on April 1, 2002.

20 SEC. 203. EXCLUSION OF CERTAIN ADDITIONAL INCOME

21 FROM DETERMINATIONS OF ANNUAL INCOME

22 FOR PENSION PURPOSES.

23 (a) LIFE INSURANCE PROCEEDS.—Subsection (a) of

24 section 1503 is amended—
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1 (1) in paragraph (9), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (10), by striking the period at

4 the end and inserting a semicolon; and

5 (3) by adding at the end the following new para6 graph (11):

7 ‘‘(11) proceeds (in an amount equal to or less

8 than the amount prescribed by the Secretary for pur9 poses of this paragraph, subject to subsection (c)) of

10 any life insurance policy of a veteran; and’’.

11 (b) OTHER NON-RECURRING INCOME.—That sub12 section is further amended by inserting after paragraph

13 (11), as added by subsection (a)(3) of this section, the fol14 lowing new paragraph (12):

15 ‘‘(12) any other non-recurring income (in an

16 amount equal to or less than the amount prescribed

17 by the Secretary for purposes of this paragraph, sub18 ject to subsection (c)) from any source.’’.

19 (c) EXCLUDABLE AMOUNTS OF LIFE INSURANCE PRO20 CEEDS AND OTHER NON-RECURRING INCOME.—That sec21 tion is further amended by adding at the end the following

22 new subsection:

23 ‘‘(c) In prescribing amounts for purposes of paragraph

24 (11) or (12) of subsection (a), the Secretary shall take into

25 consideration the amount of income from insurance pro-
29

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1 ceeds or other non-recurring income, as the case may be,

2 that is reasonable for individuals eligible for pension to con3 sume for their maintenance.’’.

4 (d) EFFECTIVE DATE.—The amendments made by this

5 section shall take effect on January 1, 2002, and shall apply

6 with respect to determinations of annual income under sec7 tion 1503 of title 38, United States Code, as so amended,

8 on or after that date.

9 SEC. 204. TIME LIMITATION ON RECEIPT OF CLAIM INFOR10 MATION PURSUANT TO REQUEST BY DEPART11 MENT OF VETERANS AFFAIRS.

12 (a) IN GENERAL.—Section 5102 is amended by adding

13 at the end the following new subsection:

14 ‘‘(c) TIME LIMITATION.—(1) If information that a

15 claimant and the claimant’s representative, if any, are no16 tified under subsection (b) is necessary to complete an ap17 plication is not received by the Secretary within one year

18 from the date of such notification, no benefit may be paid

19 or furnished by reason of the claimant’s application.

20 ‘‘(2) This subsection shall not apply to any application

21 or claim for Government life insurance benefits.’’.

22 (b) REPEAL OF SUPERSEDED PROVISIONS.—Section

23 5103 is amended—

24 (1) by striking ‘‘(a) REQUIRED INFORMATION

25 AND EVIDENCE.—’’; and
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1 (2) by striking subsection (b).

2 (c) EFFECTIVE DATE.—The amendments made by this

3 section shall take effect as if enacted on November 9, 2000,

4 immediately after the enactment of the Veterans Claims As5 sistance Act of 2000 (Public Law 106–475; 114 Stat. 2096).

6 SEC. 205. EFFECTIVE DATE OF CHANGE IN RECURRING IN7 COME FOR PENSION PURPOSES.

8 Section 5112(b)(4) is amended by striking subpara9 graph (A) and inserting the following new subparagraph

10 (A):

11 ‘‘(A) change in recurring income will be the

12 last day of the calendar year in which the

13 change occurred (with the pension rate for the

14 following calendar year based on all anticipated

15 countable income); and’’.

16 SEC. 206. PROHIBITION ON PROVISION OF CERTAIN BENE17 FITS WITH RESPECT TO VETERANS WHO ARE

18 FUGITIVE FELONS.

19 (a) PROHIBITION.—(1) Chapter 53 is amended by in20 serting after section 5313A the following new section:

21 ‘‘§ 5313B. Prohibition on providing certain benefits

22 with respect to veterans who are fugitive

23 felons

24 ‘‘(a) A veteran described in subsection (b), or depend25 ent of the veteran, who is otherwise eligible for a benefit
31

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1 described in subsection (c) may not be paid or otherwise

2 provided such benefit during any period in which the vet3 eran is a fugitive as described in subsection (b).

4 ‘‘(b)(1) A veteran described in this subsection is a vet5 eran who is a fugitive by reason of—

6 ‘‘(A) fleeing to avoid prosecution, or custody or

7 confinement after conviction, for an offense, or an at8 tempt to commit an offense, which is a felony under

9 the laws of the place from which the veteran flees; or

10 ‘‘(B) violating a condition of probation or parole

11 imposed under Federal or State law.

12 ‘‘(2) For purposes of this subsection, the term ‘felony’

13 includes a high misdemeanor under the laws of a State

14 which characterizes as high misdemeanors offenses that

15 would be felony offenses under Federal law.

16 ‘‘(c) A benefit described in this subsection is any ben17 efit under 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) Chapters 30, 31, 32, 34, and 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 maintained

4 by the Secretary of a veteran who is eligible for a benefit

5 described in subsection (c) if such official—

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

7 the Secretary may require to fully identify the vet8 eran;

9 ‘‘(B) identifies the veteran as being a fugitive de10 scribed in subsection (b); and

11 ‘‘(C) certifies to the Secretary that the location

12 and apprehension of the veteran is within the official

13 duties of 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 enforce17 ment agencies, for purposes of furnishing information to

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

19 (2) The table of sections at the beginning of that chap20 ter is amended by inserting after the item relating to section

21 5313A the following new item:

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

are fugitive felons.’’.

22 (b) SENSE OF CONGRESS ON ENTRY INTO MEMORANDA

23 OF UNDERSTANDING AND AGREEMENTS.—It is the sense of

24 Congress that the memoranda of understanding and agree-
33

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1 ments referred to in section 5313B(d)(2) of title 38, United

2 States Code (as added by subsection (a)), should be entered

3 into as soon as practicable after the date of the enactment

4 of this Act, but not later than six months after that date.

5 SEC. 207. LIMITATION ON PAYMENT OF COMPENSATION

6 FOR VETERANS REMAINING INCARCERATED

7 FOR FELONIES COMMITTED BEFORE OCTO8 BER 7, 1980.

9 (a) LIMITATION.—Notwithstanding any other provi10 sion of law, the payment of compensation to or with respect

11 to a veteran described in subsection (b) shall, for the re12 mainder of the period of incarceration of the veteran de13 scribed in that subsection, be subject to the provisions of

14 section 5313 of title 38, United States Code, other than sub15 section (d) of that section.

16 (b) COVERED VETERANS.—A veteran described in this

17 subsection is any veteran entitled to compensation who—

18 (1) was incarcerated on October 7, 1980, for a

19 felony committed before that date; and

20 (2) remains incarcerated for conviction of that

21 felony after the date of the enactment of this Act.

22 (c) EFFECTIVE DATE.—This section shall take effect

23 90 days after the date of the enactment of this Act, and

24 shall apply with respect to the payment of compensation

25 for months beginning on or after that date.
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1 (d) COMPENSATION DEFINED.—For purposes of this

2 section, the term ‘‘compensation’’ shall have the meaning

3 given that term in section 5313 of title 38, United States

4 Code.

5 SEC. 208. REPEAL OF LIMITATION ON PAYMENTS OF BENE6 FITS TO INCOMPETENT INSTITUTIONALIZED

7 VETERANS.

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

9 (1) by striking subsections (b) and (c); and

10 (2) by redesignating subsections (d), (e), and (f)

11 as subsections (b), (c), and (d), respectively.

12 (b) CONFORMING AMENDMENTS.—(1) Section 1114(r)

13 is amended by striking ‘‘section 5503(e)’’ and inserting

14 ‘‘section 5503(c)’’.

15 (2) Section 5112 is amended by striking subsection (c).

16 SEC. 209. EXTENSION OF CERTAIN EXPIRING AUTHORITIES.

17 (a) INCOME VERIFICATION AUTHORITY.—Section

18 5317(g) is amended by striking ‘‘September 30, 2008’’ and

19 inserting ‘‘September 30, 2011’’.

20 (b) LIMITATION ON PENSION FOR CERTAIN RECIPI21 ENTS OF MEDICAID-COVERED NURSING HOME CARE.—

22 Paragraph (7) of subsection (d) of section 5503, as redesig23 nated by section 208(a)(2) of this Act, is amended by strik24 ing ‘‘September 30, 2008’’ and inserting ‘‘September 30,

25 2011’’.
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1 TITLE III—HOUSING MATTERS

2 SEC. 301. INCREASE IN HOME LOAN GUARANTY AMOUNT

3 FOR CONSTRUCTION AND PURCHASE OF

4 HOMES.

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

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

7 and inserting ‘‘$63,175’’.

8 SEC. 302. FOUR-YEAR EXTENSION OF NATIVE AMERICAN

9 VETERANS HOUSING LOAN PROGRAM.

10 (a) EXTENSION OF PILOT PROGRAM.—Section 3761(c)

11 is amended by striking ‘‘December 31, 2001’’ and inserting

12 ‘‘December 31, 2005’’.

13 (b) ANNUAL REPORTS.—Section 3762(j) is amended

14 by striking ‘‘2002’’ and inserting ‘‘2006’’.

15 SEC. 303. EXTENSION OF OTHER EXPIRING AUTHORITIES.

16 (a) HOUSING LOANS FOR MEMBERS OF THE SE17 LECTED RESERVE.—Section 3702(a)(2)(E) is amended by

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

19 30, 2011’’.

20 (b) ENHANCED LOAN ASSET SALE AUTHORITY.—Sec21 tion 3720(h)(2) is amended by striking ‘‘December 31,

22 2008’’ and inserting ‘‘December 31, 2011’’.

23 (c) HOME LOAN FEE AUTHORITIES.—The table in sec24 tion 3729(b)(2) is amended by striking ‘‘October 1, 2008’’

25 each place it appears and inserting ‘‘October 1, 2011’’.
36

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1 (d) PROCEDURES APPLICABLE TO LIQUIDATION SALES

2 ON DEFAULTED HOME LOANS GUARANTEED BY THE DE3 PARTMENT OF VETERANS AFFAIRS.—Section 3732(c)(11) is

4 amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc5 tober 1, 2011’’.

6 TITLE IV—BURIAL MATTERS

7 SEC. 401. INCREASE IN BURIAL AND FUNERAL EXPENSE

8 BENEFIT FOR VETERANS WHO DIE OF SERV9 ICE-CONNECTED DISABILITIES.

10 (a) BURIAL AND FUNERAL EXPENSES.—Section

11 2307(1) is amended by striking ‘‘$1,500’’ and inserting

12 ‘‘$2,000’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall apply to deaths occurring on or after the

15 date of the enactment of this Act.

16 SEC. 402. AUTHORITY TO PROVIDE BRONZE GRAVE MARK17 ERS FOR PRIVATELY MARKED GRAVES.

18 (a) AUTHORITY.—Section 2306 is amended by adding

19 at the end the following new subsection:

20 ‘‘(f) In the case of the grave of an individual described

21 in subsection (a) that has been marked by a privately-fur22 nished headstone or marker, the Secretary may furnish,

23 when requested, a bronze marker to commemorate the indi24 vidual’s military service. The bronze marker may be placed

25 at the gravesite or at another location designated by the
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1 cemetery concerned as a location for the commemoration of

2 the individual’s military service.’’.

3 (b) APPLICABILITY.—Subsection (f) of section 2306 of

4 title 38, United States Code, as added by subsection (a) of

5 this section, shall apply with respect to deaths as follows:

6 (1) Any death occurring on or after the date of

7 the enactment of this Act.

8 (2) Any death occurring before that date, but

9 after on or after November 1, 1990, if request is made

10 to the Secretary of Veterans Affairs with respect to

11 such death under such subsection (f) not later than

12 four years after the date of the enactment of this Act.

13 (c) STYLISTIC AMENDMENT.—Subsection (c) of section

14 2306 is amended by striking ‘‘of this section’’.

15 TITLE V—OTHER BENEFITS

16 MATTERS

17 SEC. 501. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER

18 OF VETERANS IN PROGRAMS OF INDE19 PENDENT LIVING SERVICES AND ASSIST20 ANCE.

21 (a) REPEAL OF LIMITATION.—Section 3120(e) is

22 amended by striking ‘‘Programs’’ and all that follows

23 through ‘‘such programs’’ and inserting ‘‘First priority in

24 the provision of programs of independent living services

25 and assistance under this section’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on September 30, 2001.

3 TITLE VI—UNITED STATES

4 COURT OF APPEALS FOR VET5 ERANS CLAIMS

6 SEC. 601. TEMPORARY EXPANSION OF UNITED STATES

7 COURT OF APPEALS FOR VETERANS CLAIMS

8 TO FACILITATE STAGGERED TERMS OF

9 JUDGES.

10 (a) IN GENERAL.—(1) Section 7253 is amended by

11 adding at the end the following new subsection:

12 ‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) Not13 withstanding subsection (a) and subject to the provisions

14 of this subsection, the authorized number of judges of the

15 Court from the date of the enactment of this subsection until

16 August 15, 2005, is nine judges.

17 ‘‘(2) Of the two additional judges authorized by this

18 subsection—

19 ‘‘(A) only one judge may be appointed pursuant

20 to a nomination made in 2001 or 2002;

21 ‘‘(B) only one judge may be appointed pursuant

22 to a nomination made in 2003; and

23 ‘‘(C) if no judge is appointed pursuant to a

24 nomination covered by subparagraph (A), a nomina25 tion covered by subparagraph (B), or neither a nomi-
39

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1 nation covered by subparagraph (A) nor a nomina2 tion covered by subparagraph (B), the number of

3 judges authorized by this subsection but not appointed

4 as described in subparagraph (A), (B), or both, as the

5 case may be, may be appointed pursuant to a nomi6 nation or nominations made in 2004, but only if such

7 nomination or nominations, as the case may be, are

8 made before September 30, 2004.

9 ‘‘(3) The term of office and eligibility for retirement

10 of a judge appointed under this subsection, other than a

11 judge described in paragraph (4), shall be governed by the

12 provisions of section 1012 of the Court of Appeals for Vet13 erans Claims Amendments of 1999 (title X of Public Law

14 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge

15 is one of the first two judges appointed to the Court after

16 November 30, 1999.

17 ‘‘(4) A judge of the Court as of the date of the enact18 ment of this subsection who was appointed before 1991 may

19 accept appointment as a judge of the Court under this sub20 section notwithstanding that the term of office of the judge

21 on the Court has not yet expired under this section.’’.

22 (2) No appointment may be made under section 7253

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

24 (1), if the appointment would provide for a number of

25 judges in excess of seven judges (other than judges serving
40

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1 in recall status under section 7257 of title 38, United States

2 Code) who were appointed to the United States Court of

3 Appeals for Veterans Claims after January 1, 1997.

4 (b) STYLISTIC AMENDMENTS.—That section is further

5 amended—

6 (1) in subsection (b), by inserting ‘‘APPOINT7 MENT.—’’ before ‘‘The judges’’;

8 (2) in subsection (c), by inserting ‘‘TERM OF OF9 FICE.—’’ before ‘‘The terms’’;

10 (3) in subsection (f), by striking ‘‘(f)(1)’’ and in11 serting ‘‘(f) REMOVAL.—(1)’’; and

12 (4) in subsection (g), by inserting ‘‘RULES.—’’

13 before ‘‘The Court’’.

14 SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE

15 REGARDING ACCEPTANCE OF REAPPOINT16 MENT AS CONDITION TO RETIREMENT FROM

17 UNITED STATES COURT OF APPEALS FOR

18 VETERANS CLAIMS.

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

20 sentence.
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1 SEC. 603. TERMINATION OF NOTICE OF DISAGREEMENT AS

2 JURISDICTIONAL REQUIREMENT FOR UNITED

3 STATES COURT OF APPEALS FOR VETERANS

4 CLAIMS.

5 (a) TERMINATION.—Section 402 of the Veterans’ Judi6 cial Review Act (division A of Public Law 100–687; 102

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

8 (b) ATTORNEY FEES.—Section 403 of the Veterans’ Ju9 dicial Review Act (102 Stat. 4122; 38 U.S.C. 5904 note)

10 is repealed.

11 (c) CONSTRUCTION.—The repeal in subsection (a) may

12 not be construed to confer upon the United States Court

13 of Appeals for Veterans Claims jurisdiction over any appeal

14 or other matter not within the jurisdiction of the Court as

15 provided in section 7266(a) of title 38, United States Code.

16 (d) APPLICABILITY.—The repeals made by subsections

17 (a) and (b) shall apply to—

18 (1) any appeal filed with the United States

19 Court of Appeals for Veterans Claims on or after the

20 date of the enactment of this Act; and

21 (2) any appeal pending before the Court on that

22 date, other than an appeal in which the Court has

23 made a final disposition under section 7267 of title

24 38, United States Code, even though such appeal is

25 not yet final under section 7291(a) of title 38, United

26 States Code.
42

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1 SEC. 604. REGISTRATION FEES.

2 (a) REGISTRATION FEES FOR PARTICIPATION IN

3 OTHER COURT-SPONSORED ACTIVITIES.—Subsection (a) of

4 section 7285 is amended to read as follows:

5 ‘‘(a) The Count of Appeals for Veterans Claims may

6 impose registration fees as follows:

7 ‘‘(1) Periodic registration fees on persons admit8 ted to practice before the Court, in such frequency and

9 amount (not to exceed $30 per year) as the Court

10 may provide.

11 ‘‘(2) Registration fees on persons (other than

12 judges of the Court) participating at judicial con13 ferences convened pursuant to section 7286 of this

14 title, and at other Court-sponsored activities.’’.

15 (b) AVAILABILITY OF REGISTRATION FEES.—Sub16 section (b) of that section is amended—

17 (1) in paragraph (1), by striking ‘‘employing

18 independent counsel’’ and inserting ‘‘conducting in19 vestigations and proceedings, including the employ20 ment of independent counsel,’’; and

21 (2) in paragraph (2), by striking ‘‘administra22 tive costs for the implementation of the standards of

23 proficiency prescribed for practice before the Court’’

24 and inserting ‘‘the expenses of judicial conferences

25 convened pursuant to section 7286 of this title, and

26 of other Court-sponsored activities covered by para-
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1 graph (2) of that subsection, and the expenses of other

2 activities and programs of the Court intended to sup3 port and foster communications and relationships be4 tween the Court and persons practicing before the

5 Court, or the study, understanding, public commemo6 ration, or improvement of veterans law or of the work

7 of the Court’’.

8 (c) CONFORMING AND CLERICAL AMENDMENTS.—(1)

9 The section heading for section 7285 is amended to read

10 as follows:

11 ‘‘§ 7285. Registration fees’’.

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

13 72 is amended by striking the item relating to section 7285

14 and inserting the following new item:

‘‘7285. Registration fees.’’.

15 SEC. 605. ADMINISTRATIVE AUTHORITIES.

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

17 amended by inserting after section 7286 the following new

18 section:

19 ‘‘§ 7287. Administration

20 ‘‘Notwithstanding any other provision of law, the

21 Court of Appeals for Veterans Claims may exercise, for pur22 poses of management, administration, and expenditure of

23 funds of the Court, the authorities provided for such pur24 poses by any provision of law (including any limitation

25 with respect to such provision of law) applicable to a court
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1 of the United States (as that term is defined in section 451

2 of title 28), except to the extent that such provision of law

3 is inconsistent with a provision of this chapter.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of chapter 72 is amended by inserting after

6 the item related to section 7286 the following new item:

‘‘7287. Administration.’’.

Amend the title so as to read: ‘‘A Bill 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.’’.

Calendar No. 194

107TH CONGRESS

1ST SESSION S. 1088

[Report No. 107–86]

A BILL

To amend title 38, United States Code, to facilitate

the use of educational assistance under theMontgomery GI Bill for education leading to employment in high technology industry, and forother purposes.

OCTOBER 15, 2001

Reported with an amendment and an amendment to the

title