```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1291 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                        December 8 (legislative day, December 7), 2001.
    Resolved, That the bill from the House of Representatives (H.R. 
1291) entitled ``An Act to amend title 38, United States Code, to 
increase the amount of educational benefits for veterans under the 
Montgomery GI Bill.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans' Benefits 
Improvement Act of 2001''.
    (b) Table of Contents.--The table of contents for 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. Treatment of educational allowances paid to persons called to 
                            active duty for the national emergency of 
                            September 11, 2001.
Sec. 106. Increase in rates of survivors' and dependents' educational 
                            assistance.
Sec. 107. Eligibility for survivors' and dependents' educational 
                            assistance of spouses and surviving spouses 
                            of veterans with total service-connected 
                            disabilities.
Sec. 108. Inclusion of certain private technology entities in 
                            definition of educational institution.

               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. Expansion of presumptions of permanent and total disability 
                            for veterans applying for nonservice-
                            connected pension.
Sec. 204. Exclusion of certain additional income from determinations of 
                            annual income for pension purposes.
Sec. 205. Time limitation on receipt of claim information pursuant to 
                            request by Department of Veterans Affairs.
Sec. 206. Effective date of change in recurring income for pension 
                            purposes.
Sec. 207. Prohibition on provision of certain benefits with respect to 
                            veterans who are fugitive felons.
Sec. 208. Limitation on payment of compensation for veterans remaining 
                            incarcerated for felonies committed before 
                            October 7, 1980.
Sec. 209. Repeal of limitation on payments of benefits to incompetent 
                            institutionalized veterans.
Sec. 210. Extension of limitation on pension for certain recipients of 
                            medicaid-covered nursing home care.

                       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.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

                       TITLE I--EDUCATION MATTERS

SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER 
              MONTGOMERY GI BILL.

    (a) Active Duty Educational Assistance.--Section 3015 is amended--
            (1) in subsection (a)(1), by striking ``$650 (as increased 
        from time to time under subsection (h))'' and inserting ``$700, 
        for months beginning after September 30, 2001, but before 
        September 30, 2002, $800 for months beginning after September 
        30, 2002, but before September 30, 2003, and $950 for months 
        beginning after September 30, 2003, but before September 30, 
        2004, and as increased from time to time under subsection (h) 
        after September 30, 2004,''; and
            (2) in subsection (b)(1), by striking ``$528 (as increased 
        from time to time under subsection (h))'' and inserting ``$569, 
        for months beginning after September 30, 2001, but before 
        September 30, 2002, $650 for months beginning after September 
        30, 2002, but before September 30, 2003, and $772 for months 
        beginning after September 30, 2003, but before September 30, 
        2004, and as increased from time to time under subsection (h) 
        after September 30, 2004,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2001, and shall apply with respect to 
educational assistance allowances paid under chapter 30 of title 38, 
United States Code, for months after September 2001. However, no 
adjustment shall be made under section 3015(h) of title 38, United 
States Code, for fiscal year 2002, 2003, or 2004.

SEC. 102. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL 
              ASSISTANCE UNDER MONTGOMERY GI BILL.

    (a) In General.--Section 3014 is amended by adding at the end the 
following new subsection:
    ``(c)(1)(A) Notwithstanding any other provision of this chapter and 
subject to subparagraph (B), an individual entitled to basic 
educational assistance under this subchapter may elect to receive an 
accelerated payment of the basic educational assistance allowance.
    ``(B) The Secretary may not make an accelerated payment under this 
subsection for a course to an individual who has received an advance 
payment under section 3014A or 3680(d) of this title for the same 
enrollment period.
    ``(2)(A) Pursuant to an election under paragraph (1), the Secretary 
shall make an accelerated payment to an individual for a course in a 
lump-sum amount equal to the lesser of--
            ``(i) the amount of the educational assistance allowance 
        for the month, or fraction thereof, in which the course begins 
        plus the educational assistance allowance for each of the 
        succeeding four months; or
            ``(ii)(I) in the case of a course offered on a quarter, 
        semester, or term basis, the amount of aggregate monthly 
        educational assistance allowance otherwise payable under this 
        subchapter for the course for the entire quarter, semester, or 
        term; or
            ``(II) in the case of a course that is not offered on a 
        quarter, semester, or term basis, the amount of aggregate 
        monthly educational assistance allowance otherwise payable 
        under this subchapter for the entire course.
    ``(B) In the case of an adjustment under section 3015(h) of this 
title in the monthly rate of basic educational assistance that occurs 
during a period for which an accelerated payment is made under this 
subsection, the Secretary shall pay--
            ``(i) on an accelerated basis the amount of the allowance 
        otherwise payable under this subchapter for the period without 
        regard to the adjustment under that section; and
            ``(ii) on the date of the adjustment any additional amount 
        of the allowance that is payable for the period as a result of 
        the adjustment.
    ``(3) For each accelerated payment made to an individual under this 
subsection, the individual's entitlement under this subchapter shall be 
charged at the same rate at which the entitlement would be charged if 
the individual had received a monthly educational assistance allowance 
for the period of educational pursuit covered by the accelerated 
payment.
    ``(4) The Secretary shall prescribe regulations to carry out this 
subsection. The regulations shall include the requirements, conditions, 
and methods for the request, issuance, delivery, certification of 
receipt and use, and recovery of overpayment of an accelerated payment 
under this subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is six months after the date of the 
enactment of this Act, and shall apply with respect to courses of 
education beginning on or after that date.

SEC. 103. ACCELERATED PAYMENTS OF EDUCATIONAL ASSISTANCE UNDER 
              MONTGOMERY GI BILL FOR EDUCATION LEADING TO EMPLOYMENT IN 
              HIGH TECHNOLOGY INDUSTRY.

    (a) In General.--(1) Chapter 30 is amended by inserting after 
section 3014 the following new section:
``Sec. 3014A. Accelerated payment of basic educational assistance for 
              education leading to employment in high technology 
              industry
    ``(a) An individual described in subsection (b) who is entitled to 
basic educational assistance under this subchapter may elect to receive 
an accelerated payment of the basic educational assistance allowance 
otherwise payable to the individual under section 3015 of this title.
    ``(b) An individual described in this subsection is an individual 
who is--
            ``(1) enrolled in an approved program of education that 
        leads to employment in a high technology industry (as 
        determined pursuant to regulations prescribed by the 
        Secretary); and
            ``(2) charged tuition and fees for the program of education 
        that, when divided by the number of months (and fractions 
        thereof) in the enrollment period, exceeds the amount equal to 
        200 percent of the monthly rate of basic educational assistance 
        allowance otherwise payable to the individual under section 
        3015 of this title.
    ``(c)(1) The amount of the accelerated payment of basic educational 
assistance made to an individual making an election under subsection 
(a) for a program of education shall be the lesser of--
            ``(A) the amount equal to 60 percent of the established 
        charges for the program of education; or
            ``(B) the aggregate amount of basic educational assistance 
        to which the individual remains entitled under this chapter at 
        the time of the payment.
    ``(2) In this subsection, the term `established charges', in the 
case of a program of education, means the actual charges (as determined 
pursuant to regulations prescribed by the Secretary) for tuition and 
fees which similarly circumstanced nonveterans enrolled in the program 
of education would be required to pay. Established charges shall be 
determined on the following basis:
            ``(A) In the case of an individual enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the term, quarter, 
        or semester.
            ``(B) In the case of an individual enrolled in a program of 
        education not offered on a term, quarter, or semester basis, 
        the tuition and fees charged the individual for the entire 
        program of education.
    ``(3) The educational institution providing the program of 
education for which an accelerated payment of basic educational 
assistance allowance is elected by an individual under subsection (a) 
shall certify to the Secretary the amount of the established charges 
for the program of education.
    ``(d) An accelerated payment of basic educational assistance made 
to an individual under this section for a program of education shall be 
made not later than the last day of the month immediately following the 
month in which the Secretary receives a certification from the 
educational institution regarding--
            ``(1) the individual's enrollment in and pursuit of the 
        program of education; and
            ``(2) the amount of the established charges for the program 
        of education.
    ``(e)(1) Except as provided in paragraph (2), for each accelerated 
payment of basic educational assistance made to an individual under 
this section, the individual's entitlement to basic educational 
assistance under this chapter shall be charged the number of months 
(and any fraction thereof) determined by dividing the amount of the 
accelerated payment by the full-time monthly rate of basic educational 
assistance allowance otherwise payable to the individual under section 
3015 of this title as of the beginning date of the enrollment period 
for the program of education for which the accelerated payment is made.
    ``(2) If the monthly rate of basic educational assistance allowance 
otherwise payable to an individual under section 3015 of this title 
increases during the enrollment period of a program of education for 
which an accelerated payment of basic educational assistance is made 
under this section, the charge to the individual's entitlement to basic 
educational assistance under this chapter shall be determined by 
prorating the entitlement chargeable, in the matter provided for under 
paragraph (1), for the periods covered by the initial rate and 
increased rate, respectively, in accordance with regulations prescribed 
by the Secretary.
    ``(f) The Secretary may not make an accelerated payment under this 
section for a program of education to an individual who has received an 
advance payment under section 3014(c) or 3680(d) of this title for the 
same enrollment period.
    ``(g) The Secretary shall prescribe regulations to carry out this 
section. The regulations shall include requirements, conditions, and 
methods for the request, issuance, delivery, certification of receipt 
and use, and recovery of overpayment of an accelerated payment under 
this section.''.
    (2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 3014 the 
following new item:

``3014A. Accelerated payment of basic educational assistance for 
                            education leading to employment in high 
                            technology industry.''.
    (b) Restatement and Enhancement of Certain Administrative 
Authorities.--Subsection (g) of section 3680 is amended to read as 
follows:
    ``(g)(1) The Secretary may, pursuant to regulations which the 
Secretary shall prescribe, determine and define with respect to an 
eligible veteran and eligible person the following:
            ``(A) Enrollment in a course or a program of education or 
        training.
            ``(B) Pursuit of a course or program of education or 
        training.
            ``(C) Attendance at a course or program of education and 
        training.
    ``(2) The Secretary may withhold payment of benefits to an eligible 
veteran or eligible person until the Secretary receives such proof as 
the Secretary may require of enrollment in and satisfactory pursuit of 
a program of education by the eligible veteran or eligible person. The 
Secretary shall adjust the payment withheld, when necessary, on the 
basis of the proof the Secretary receives.
    ``(3) In the case of an individual other than an individual 
described in paragraph (4), the Secretary may accept the individual's 
monthly certification of enrollment in and satisfactory pursuit of a 
program of education as sufficient proof of the certified matters.
    ``(4) In the case of an individual who has received an accelerated 
payment of basic educational assistance under section 3014A of this 
title during an enrollment period for a program of education, the 
Secretary may accept the individual's certification of enrollment in 
and satisfactory pursuit of the program of education as sufficient 
proof of the certified matters if the certification is submitted after 
the enrollment period has ended.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect eight months after the date of the enactment of this Act, and 
shall apply with respect to enrollments in courses or programs of 
education or training beginning on or after that date.

SEC. 104. ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS OF CERTAIN 
              ADDITIONAL VIETNAM ERA VETERANS.

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

SEC. 105. TREATMENT OF EDUCATIONAL ALLOWANCES PAID TO PERSONS CALLED TO 
              ACTIVE DUTY FOR THE NATIONAL EMERGENCY OF SEPTEMBER 11, 
              2001.

    (a) Montgomery GI Bill.--Section 3013(f)(2) is amended--
            (1) in subparagraph (A), by inserting ``, or in support of 
        or response to the National Emergency declared by the 
        Presidential Proclamation dated September 14, 2001,'' after 
        ``Persian Gulf War''; and
            (2) in subparagraph (B), by inserting ``or Presidential 
        Proclamation'' after ``such War''.
    (b) VEAP.--Section 3231(a)(5) is amended--
            (1) in subparagraph (B)(i), by inserting ``, or in support 
        of or response to the National Emergency declared by the 
        Presidential Proclamation dated September 14, 2001,'' after 
        ``Persian Gulf War''; and
            (2) in subparagraph (B)(ii), by inserting ``or Presidential 
        Proclamation'' after ``such War''.
    (c) Survivors' and Dependents' Educational Assistance.--Section 
3511(a)(2)(B)(i) is amended by inserting ``, or in support of or 
response to the National Emergency declared by the Presidential 
Proclamation dated September 14, 2001,'' after ``Persian Gulf War''.

SEC. 106. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE.

    (a) In General.--Section 3532(a)(1) is amended--
            (1) by striking ``$588'' and inserting ``$690'';
            (2) by striking ``$441'' and inserting ``$517''; and
            (3) by striking ``$294'' and inserting ``$345''.
    (b) Training in Business or Industry.--Section 3532(b) is amended 
by striking ``$588'' and inserting ``$690''.
    (c) Correspondence Courses.--Section 3534(b) is amended by striking 
``$588'' and inserting ``$690''.
    (d) Special Restorative Training.--Section 3542 is amended by 
striking ``$588'' and inserting ``$690''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2001, and shall apply with respect to educational 
assistance allowances payable under chapter 35 of title 38, United 
States Code, for months beginning on or after that date. No adjustment 
in amounts of educational assistance shall be made under section 3564 
of title 38, United States Code, for fiscal year 2002.

SEC. 107. ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS 
              WITH TOTAL SERVICE-CONNECTED DISABILITIES.

    (a) Designation of Eligibility.--Section 3501(a)(1)(D) is amended--
            (1) by inserting ``(i)'' after ``(D)''; and
            (2) by inserting ``(ii)'' after ``or''.
    (b) Restatement and Expansion of Treatment of Use of Eligibility.--
(1) Section 3511 is amended by adding at the end the following new 
subsection:
    ``(c) Any entitlement used by an eligible person as a result of 
eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 
3501(a)(1)(D)(i) of this title shall be deducted from any entitlement 
to which such person may subsequently be entitled under this 
chapter.''.
    (2) Section 3512 is amended by striking subsection (g).
    (c) Delimiting Period.--(1) Section 3512(b) is amended--
            (A) by striking paragraph (1) and inserting the following 
        new paragraph (1):
    ``(1)(A) Except as provided in subparagraph (B), a person made 
eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title 
may be afforded educational assistance under this chapter during the 
10-year period beginning on the date (as determined by the Secretary) 
the person becomes an eligible person within the meaning of section 
3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this title. In 
the case of a surviving spouse made eligible by clause (ii) of section 
3501(a)(1)(D) of this title, the 10-year period may not be reduced by 
any earlier period during which the person was afforded educational 
assistance under this chapter as a spouse made eligible by clause (i) 
of that section.
    ``(B) Notwithstanding subparagraph (A), an eligible person referred 
to in that subparagraph may, subject to the Secretary's approval, elect 
a later beginning date for the 10-year period than would otherwise be 
applicable to the person under that subparagraph. The beginning date so 
elected may be any date between the beginning date determined for the 
person under subparagraph (A) and whichever of the following dates 
applies:
            ``(i) The date on which the Secretary notifies the veteran 
        from whom eligibility is derived that the veteran has a 
        service-connected total disability permanent in nature.
            ``(ii) The date on which the Secretary determines that the 
        veteran from whom eligibility is derived died of a service-
        connected disability.''; and
            (B) by striking paragraph (3).
    (2) The amendments made by paragraph (1) shall apply with respect 
to any determination (whether administrative or judicial) of the 
eligibility of a spouse or surviving spouse for educational assistance 
under chapter 35 of title 38, United States Code, made on or after the 
date of the enactment of this Act, whether pursuant to an original 
claim for such assistance or pursuant to a reapplication or attempt to 
reopen or readjudicate a claim for such assistance.

SEC. 108. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY ENTITIES IN 
              DEFINITION OF EDUCATIONAL INSTITUTION.

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

               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.

    (a) Repeal of 30-Year Limitation on Manifestation of Respiratory 
Cancers.--Subsection (a)(2)(F) of section 1116 is amended by striking 
``within 30 years'' and all that follows through ``May 7, 1975''.
    (b) Presumption of Exposure to Herbicide Agents in Vietnam During 
Vietnam Era.--(1) Section 1116 is further amended--
            (A) by transferring paragraph (3) of subsection (a) to the 
        end of the section and redesignating such paragraph, as so 
        transferred, as subsection (f);
            (B) in subsection (a), by redesignating paragraph (4) as 
        paragraph (3); and
            (C) in subsection (f), as transferred and redesignated by 
        subparagraph (B) of this paragraph--
                    (i) by striking ``For the purposes of this 
                subsection, a veteran'' and inserting ``For purposes of 
                establishing service connection for a disability or 
                death resulting from exposure to a herbicide agent, 
                including a presumption of service-connection under 
                this section, a veteran''; and
                    (ii) by striking ``and has a disease referred to in 
                paragraph (1)(B) of this subsection''.
    (2)(A) The section heading of that section is amended to read as 
follows:
``Sec. 1116. Presumptions of service connection for diseases associated 
              with exposure to certain herbicide agents; presumption of 
              exposure''.
    (B) The table of section at the beginning of chapter 11 is amended 
by striking the item relating to section 1116 and inserting the 
following new item:

``1116. Presumptions of service connection for diseases associated with 
                            exposure to certain herbicide agents; 
                            presumption of exposure.''.
    (c) Extension of Authority To Presume Service-Connection for 
Additional Diseases.--(1) Subsection (e) of section 1116 is amended by 
striking ``10 years'' and inserting ``20 years''.
    (2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C. 1116 
note) is amended by striking ``10 years'' and inserting ``20 years''.

SEC. 202. COMPENSATION FOR DISABILITIES OF PERSIAN GULF WAR VETERANS.

    (a) Presumptive Period for Undiagnosed Illnesses.--Section 1117 is 
amended--
            (1) in subsection (a)(2), by striking ``within the 
        presumptive period prescribed under subsection (b)'' and 
        inserting ``before December 31, 2011, or such later date as the 
        Secretary may prescribe by regulation'';
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (b), (c), (d), and (e), respectively.
    (b) Illnesses That Cannot be Clearly Defined.--Subsection (a) of 
that section is further amended by inserting ``or any poorly defined 
chronic multisymptom illness of unknown etiology, regardless of 
diagnosis, characterized by two or more of the signs or symptoms listed 
in subsection (f)'' after ``illnesses)''.
    (c) Signs or Symptoms That May Indicate Undiagnosed Illnesses.--
That section is further amended by adding at the end the following new 
subsection:
    ``(f) For purposes of this section, signs or symptoms that may be a 
manifestation of an undiagnosed illness include the following:
            ``(1) Fatigue.
            ``(2) Unexplained rashes or other dermatological signs or 
        symptoms.
            ``(3) Headache.
            ``(4) Muscle pain.
            ``(5) Joint pain.
            ``(6) Neurologic signs or symptoms.
            ``(7) Neuropsychological signs or symptoms.
            ``(8) Signs or symptoms involving the respiratory system 
        (upper or lower).
            ``(9) Sleep disturbances.
            ``(10) Gastrointestinal signs or symptoms.
            ``(11) Cardiovascular signs or symptoms.
            ``(12) Abnormal weight loss.
            ``(13) Menstrual disorders.''.
    (d) Presumption of Service Connection Program.--Section 1118(a) is 
amended by adding at the end the following new paragraph:
    ``(4) For purposes of this section, signs or symptoms that may be a 
manifestation of an undiagnosed illness include the signs and symptoms 
listed in section 1117(f) of this title.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2002.

SEC. 203. EXPANSION OF PRESUMPTIONS OF PERMANENT AND TOTAL DISABILITY 
              FOR VETERANS APPLYING FOR NONSERVICE-CONNECTED PENSION.

    (a) In General.--Section 1502(a) is amended by striking ``such a 
person'' and all that follows through the end of the subsection and 
inserting the following: ``such a person--
            ``(1) is a patient in a nursing home for long-term care 
        because of disability;
            ``(2) has been determined by the Social Security 
        Administration to be disabled for purposes of any benefits 
        administered by the Administration and the Administration, 
        based on evidence available to the Administration, does not 
        expect such person's condition to improve;
            ``(3) is at least 65 years old and, based on evidence 
        available to the Secretary, has no current, recurring income 
        from employment;
            ``(4) is unemployable as a result of disability reasonably 
        certain to continue throughout the life of the disabled person; 
        or
            ``(5) is suffering from--
                    ``(A) any disability which is sufficient to render 
                it impossible for the average person to follow a 
                substantially gainful occupation, but only if it is 
                reasonably certain that such disability will continue 
                throughout the life of the disabled person; or
                    ``(B) any disease or disorder determined by the 
                Secretary to be of such a nature or extent as to 
                justify a determination that persons suffering 
                therefrom are permanently and totally disabled.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 10, 2001.

SEC. 204. EXCLUSION OF CERTAIN ADDITIONAL INCOME FROM DETERMINATIONS OF 
              ANNUAL INCOME FOR PENSION PURPOSES.

    (a) Life Insurance Proceeds.--Subsection (a) of section 1503 is 
amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraph (11):
            ``(11) proceeds (in an amount equal to or less than the 
        amount prescribed by the Secretary for purposes of this 
        paragraph, subject to subsection (c)) of any life insurance 
        policy of a veteran; and''.
    (b) Other Non-Recurring Income.--That subsection is further amended 
by inserting after paragraph (11), as added by subsection (a)(3) of 
this section, the following new paragraph (12):
            ``(12) any other non-recurring income (in an amount equal 
        to or less than the amount prescribed by the Secretary for 
        purposes of this paragraph, subject to subsection (c)) from any 
        source.''.
    (c) Excludable Amounts of Life Insurance Proceeds and Other Non-
Recurring Income.--That section is further amended by adding at the end 
the following new subsection:
    ``(c) In prescribing amounts for purposes of paragraph (11) or (12) 
of subsection (a), the Secretary shall take into consideration the 
amount of income from insurance proceeds or other non-recurring income, 
as the case may be, that is reasonable for individuals eligible for 
pension to consume for their maintenance.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2002, and shall apply with respect to 
determinations of annual income under section 1503 of title 38, United 
States Code, as so amended, on or after that date.

SEC. 205. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO 
              REQUEST BY DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 5102 is amended by adding at the end the 
following new subsection:
    ``(c) Time Limitation.--(1) If information that a claimant and the 
claimant's representative, if any, are notified under subsection (b) is 
necessary to complete an application is not received by the Secretary 
within one year from the date of such notification, no benefit may be 
paid or furnished by reason of the claimant's application.
    ``(2) This subsection shall not apply to any application or claim 
for Government life insurance benefits.''.
    (b) Repeal of Superseded Provisions.--Section 5103 is amended--
            (1) by striking ``(a) Required Information and Evidence.--
        ''; and
            (2) by striking subsection (b).
    (c) Effective Date.--The amendments made by this section shall take 
effect as if enacted on November 9, 2000, immediately after the 
enactment of the Veterans Claims Assistance Act of 2000 (Public Law 
106-475; 114 Stat. 2096).

SEC. 206. EFFECTIVE DATE OF CHANGE IN RECURRING INCOME FOR PENSION 
              PURPOSES.

    Section 5112(b)(4) is amended by striking subparagraph (A) and 
inserting the following new subparagraph (A):
                    ``(A) change in recurring income will be the last 
                day of the calendar year in which the change occurred 
                (with the pension rate for the following calendar year 
                based on all anticipated countable income); and''.

SEC. 207. PROHIBITION ON PROVISION OF CERTAIN BENEFITS WITH RESPECT TO 
              VETERANS WHO ARE FUGITIVE FELONS.

    (a) Prohibition.--(1) Chapter 53 is amended by inserting after 
section 5313A the following new section:
``Sec. 5313B. Prohibition on providing certain benefits with respect to 
              veterans who are fugitive felons
    ``(a) A veteran described in subsection (b), or dependent of the 
veteran, who is otherwise eligible for a benefit described in 
subsection (c) may not be paid or otherwise provided such benefit 
during any period in which the veteran is a fugitive as described in 
subsection (b).
    ``(b)(1) A veteran described in this subsection is a veteran who is 
a fugitive by reason of--
            ``(A) fleeing to avoid prosecution, or custody or 
        confinement after conviction, for an offense, or an attempt to 
        commit an offense, which is a felony under the laws of the 
        place from which the veteran flees; or
            ``(B) violating a condition of probation or parole imposed 
        under Federal or State law.
    ``(2) For purposes of this subsection, the term `felony' includes a 
high misdemeanor under the laws of a State which characterizes as high 
misdemeanors offenses that would be felony offenses under Federal law.
    ``(c) A benefit described in this subsection is any benefit under 
the following:
            ``(1) Chapter 11 of this title.
            ``(2) Chapter 13 of this title.
            ``(3) Chapter 15 of this title.
            ``(4) Chapter 17 of this title.
            ``(5) Chapter 19 of this title.
            ``(6) Chapters 30, 31, 32, 34, and 35 of this title.
            ``(7) Chapter 37 of this title.
    ``(d)(1) The Secretary shall furnish to any Federal, State, or 
local law enforcement official, upon the written request of such 
official, the most current address maintained by the Secretary of a 
veteran who is eligible for a benefit described in subsection (c) if 
such official--
            ``(A) provides the Secretary such information as the 
        Secretary may require to fully identify the veteran;
            ``(B) identifies the veteran as being a fugitive described 
        in subsection (b); and
            ``(C) certifies to the Secretary that the location and 
        apprehension of the veteran is within the official duties of 
        such official.
    ``(2) The Secretary shall enter into memoranda of understanding 
with Federal law enforcement agencies, and may enter into agreements 
with State and local law enforcement agencies, for purposes of 
furnishing information to such agencies under paragraph (1).''.
    (2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 5313A the 
following new item:

``5313B. Prohibition on providing certain benefits with respect to 
                            veterans who are fugitive felons.''.
    (b) Sense of Congress on Entry Into Memoranda of Understanding and 
Agreements.--It is the sense of Congress that the memoranda of 
understanding and agreements referred to in section 5313B(d)(2) of 
title 38, United States Code (as added by subsection (a)), should be 
entered into as soon as practicable after the date of the enactment of 
this Act, but not later than six months after that date.

SEC. 208. LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING 
              INCARCERATED FOR FELONIES COMMITTED BEFORE OCTOBER 7, 
              1980.

    (a) Limitation.--Notwithstanding any other provision of law, the 
payment of compensation to or with respect to a veteran described in 
subsection (b) shall, for the remainder of the period of incarceration 
of the veteran described in that subsection, be subject to the 
provisions of section 5313 of title 38, United States Code, other than 
subsection (d) of that section.
    (b) Covered Veterans.--A veteran described in this subsection is 
any veteran entitled to compensation who--
            (1) was incarcerated on October 7, 1980, for a felony 
        committed before that date; and
            (2) remains incarcerated for conviction of that felony 
        after the date of the enactment of this Act.
    (c) Effective Date.--This section shall take effect 90 days after 
the date of the enactment of this Act, and shall apply with respect to 
the payment of compensation for months beginning on or after that date.
    (d) Compensation Defined.--For purposes of this section, the term 
``compensation'' shall have the meaning given that term in section 5313 
of title 38, United States Code.

SEC. 209. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT 
              INSTITUTIONALIZED VETERANS.

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

SEC. 210. EXTENSION OF LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF 
              MEDICAID-COVERED NURSING HOME CARE.

    Paragraph (7) of subsection (d) of section 5503, as redesignated by 
section 209(a)(2) of this Act, is amended by striking ``September 30, 
2008'' and inserting ``September 30, 2011''.

                       TITLE III--HOUSING MATTERS

SEC. 301. INCREASE IN HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND 
              PURCHASE OF HOMES.

    Section 3703(a)(1) is amended by striking ``$50,750'' each place it 
appears in subparagraphs (A)(i)(IV) and (B) and inserting ``$63,175''.

SEC. 302. FOUR-YEAR EXTENSION OF NATIVE AMERICAN VETERANS HOUSING LOAN 
              PROGRAM.

    (a) Extension of Pilot Program.--Section 3761(c) is amended by 
striking ``December 31, 2001'' and inserting ``December 31, 2005''.
    (b) Annual Reports.--Section 3762(j) is amended by striking 
``2002'' and inserting ``2006''.

SEC. 303. EXTENSION OF OTHER EXPIRING AUTHORITIES.

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

                        TITLE IV--BURIAL MATTERS

SEC. 401. INCREASE IN BURIAL AND FUNERAL EXPENSE BENEFIT FOR VETERANS 
              WHO DIE OF SERVICE-CONNECTED DISABILITIES.

    (a) Burial and Funeral Expenses.--Section 2307(1) is amended by 
striking ``$1,500'' and inserting ``$2,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to deaths occurring on or after the date of the enactment of this 
Act.

SEC. 402. AUTHORITY TO PROVIDE BRONZE GRAVE MARKERS FOR PRIVATELY 
              MARKED GRAVES.

    (a) Authority.--Section 2306 is amended by adding at the end the 
following new subsection:
    ``(f) In the case of the grave of an individual described in 
subsection (a) that has been marked by a privately-furnished headstone 
or marker, the Secretary may furnish, when requested, a bronze marker 
to commemorate the individual's military service. The bronze marker may 
be placed at the gravesite or at another location designated by the 
cemetery concerned as a location for the commemoration of the 
individual's military service.''.
    (b) Applicability.--Subsection (f) of section 2306 of title 38, 
United States Code, as added by subsection (a) of this section, shall 
apply with respect to deaths as follows:
            (1) Any death occurring on or after the date of the 
        enactment of this Act.
            (2) Any death occurring before that date, but after on or 
        after November 1, 1990, if request is made to the Secretary of 
        Veterans Affairs with respect to such death under such 
        subsection (f) not later than four years after the date of the 
        enactment of this Act.
    (c) Stylistic Amendment.--Subsection (c) of section 2306 is amended 
by striking ``of this section''.

                    TITLE V--OTHER BENEFITS MATTERS

SEC. 501. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER OF VETERANS IN 
              PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE.

    (a) Repeal of Limitation.--Section 3120(e) is amended by striking 
``Programs'' and all that follows through ``such programs'' and 
inserting ``First priority in the provision of programs of independent 
living services and assistance under this section''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 30, 2001.

      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.

    (a) In General.--(1) Section 7253 is amended by adding at the end 
the following new subsection:
    ``(h) Temporary Expansion of Court.--(1) Notwithstanding subsection 
(a) and subject to the provisions of this subsection, the authorized 
number of judges of the Court from the date of the enactment of this 
subsection until August 15, 2005, is nine judges.
    ``(2) Of the two additional judges authorized by this subsection--
            ``(A) only one judge may be appointed pursuant to a 
        nomination made in 2001 or 2002;
            ``(B) only one judge may be appointed pursuant to a 
        nomination made in 2003; and
            ``(C) if no judge is appointed pursuant to a nomination 
        covered by subparagraph (A), a nomination covered by 
        subparagraph (B), or neither a nomination covered by 
        subparagraph (A) nor a nomination covered by subparagraph (B), 
        the number of judges authorized by this subsection but not 
        appointed as described in subparagraph (A), (B), or both, as 
        the case may be, may be appointed pursuant to a nomination or 
        nominations made in 2004, but only if such nomination or 
        nominations, as the case may be, are made before September 30, 
        2004.
    ``(3) The term of office and eligibility for retirement of a judge 
appointed under this subsection, other than a judge described in 
paragraph (4), shall be governed by the provisions of section 1012 of 
the Court of Appeals for Veterans Claims Amendments of 1999 (title X of 
Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge 
is one of the first two judges appointed to the Court after November 
30, 1999.
    ``(4) A judge of the Court as of the date of the enactment of this 
subsection who was appointed before 1991 may accept appointment as a 
judge of the Court under this subsection notwithstanding that the term 
of office of the judge on the Court has not yet expired under this 
section.''.
    (2) No appointment may be made under section 7253 of title 38, 
United States Code, as amended by paragraph (1), if the appointment 
would provide for a number of judges in excess of seven judges (other 
than judges serving in recall status under section 7257 of title 38, 
United States Code) who were appointed to the United States Court of 
Appeals for Veterans Claims after January 1, 1997.
    (b) Stylistic Amendments.--That section is further amended--
            (1) in subsection (b), by inserting ``Appointment.--'' 
        before ``The judges'';
            (2) in subsection (c), by inserting ``Term of Office.--'' 
        before ``The terms'';
            (3) in subsection (f), by striking ``(f)(1)'' and inserting 
        ``(f) Removal.--(1)''; and
            (4) in subsection (g), by inserting ``Rules.--'' before 
        ``The Court''.

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.

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

SEC. 603. TERMINATION OF NOTICE OF DISAGREEMENT AS JURISDICTIONAL 
              REQUIREMENT FOR UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS.

    (a) Termination.--Section 402 of the Veterans' Judicial Review Act 
(division A of Public Law 100-687; 102 Stat. 4122; 38 U.S.C. 7251 note) 
is repealed.
    (b) Attorney Fees.--Section 403 of the Veterans' Judicial Review 
Act (102 Stat. 4122; 38 U.S.C. 5904 note) is repealed.
    (c) Construction.--The repeal in subsection (a) may not be 
construed to confer upon the United States Court of Appeals for 
Veterans Claims jurisdiction over any appeal or other matter not within 
the jurisdiction of the Court as provided in section 7266(a) of title 
38, United States Code.
    (d) Applicability.--The repeals made by subsections (a) and (b) 
shall apply to--
            (1) any appeal filed with the United States Court of 
        Appeals for Veterans Claims on or after the date of the 
        enactment of this Act; and
            (2) any appeal pending before the Court on that date, other 
        than an appeal in which the Court has made a final disposition 
        under section 7267 of title 38, United States Code, even though 
        such appeal is not yet final under section 7291(a) of title 38, 
        United States Code.

SEC. 604. REGISTRATION FEES.

    (a) Registration Fees for Participation in Other Court-Sponsored 
Activities.--Subsection (a) of section 7285 is amended to read as 
follows:
    ``(a) The Count of Appeals for Veterans Claims may impose 
registration fees as follows:
            ``(1) Periodic registration fees on persons admitted to 
        practice before the Court, in such frequency and amount (not to 
        exceed $30 per year) as the Court may provide.
            ``(2) Registration fees on persons (other than judges of 
        the Court) participating at judicial conferences convened 
        pursuant to section 7286 of this title, and at other Court-
        sponsored activities.''.
    (b) Availability of Registration Fees.--Subsection (b) of that 
section is amended--
            (1) in paragraph (1), by striking ``employing independent 
        counsel'' and inserting ``conducting investigations and 
        proceedings, including the employment of independent 
        counsel,''; and
            (2) in paragraph (2), by striking ``administrative costs 
        for the implementation of the standards of proficiency 
        prescribed for practice before the Court'' and inserting ``the 
        expenses of judicial conferences convened pursuant to section 
        7286 of this title, and of other Court-sponsored activities 
        covered by paragraph (2) of that subsection, and the expenses 
        of other activities and programs of the Court intended to 
        support and foster communications and relationships between the 
        Court and persons practicing before the Court, or the study, 
        understanding, public commemoration, or improvement of veterans 
        law or of the work of the Court''.
    (c) Conforming and Clerical Amendments.--(1) The section heading 
for section 7285 is amended to read as follows:
``Sec. 7285. Registration fees''.
    (2) The table of sections at the beginning of chapter 72 is amended 
by striking the item relating to section 7285 and inserting the 
following new item:

``7285. Registration fees.''.

SEC. 605. ADMINISTRATIVE AUTHORITIES.

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

``7287. Administration.''.

            Amend the title so as to read: ``An Act to amend title 38, 
        United States Code, to modify and improve authorities relating 
        to education benefits, compensation and pension benefits, 
        housing benefits, burial benefits, and vocational 
        rehabilitation benefits for veterans, to modify certain 
        authorities relating to the United States Court of Appeals for 
        Veterans Claims, and for other purposes.''.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                               H. R. 1291

_______________________________________________________________________

                               AMENDMENTS
```