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:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans’ Benefits Improvement Act of 2001’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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 medicaidcovered 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.
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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,

5 the reference shall be considered to be made to a section or

6 other provision of title 38, United States Code.

7 TITLE I—EDUCATION MATTERS

8 SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL AS9 SISTANCE UNDER MONTGOMERY GI BILL.

10 (a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—Sec11 tion 3015 is amended—

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

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

14 and inserting ‘‘$700, for months beginning after Sep15 tember 30, 2001, but before September 30, 2002, $800
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1 for months beginning after September 30, 2002, but

2 before September 30, 2003, and $950 for months be3 ginning after September 30, 2003, but before Sep4 tember 30, 2004, and as increased from time to time

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

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

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

8 and inserting ‘‘$569, for months beginning after Sep9 tember 30, 2001, but before September 30, 2002, $650

10 for months beginning after September 30, 2002, but

11 before September 30, 2003, and $772 for months be12 ginning after September 30, 2003, but before Sep13 tember 30, 2004, and as increased from time to time

14 under subsection (h) after September 30, 2004,’’.

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall take effect on October 1, 2001, and shall

17 apply with respect to educational assistance allowances

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

19 months after September 2001. However, no adjustment shall

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

21 Code, for fiscal year 2002, 2003, or 2004.
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1 SEC. 102. AUTHORITY FOR ACCELERATED PAYMENTS OF

2 BASIC EDUCATIONAL ASSISTANCE UNDER

3 MONTGOMERY GI BILL.

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

5 at the end the following new subsection:

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

7 chapter and subject to subparagraph (B), an individual en8 titled to basic educational assistance under this subchapter

9 may elect to receive an accelerated payment of the basic

10 educational assistance allowance.

11 ‘‘(B) The Secretary may not make an accelerated pay12 ment under this subsection for a course to an individual

13 who has received an advance payment under section 3014A

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

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

16 the Secretary shall make an accelerated payment to an in17 dividual for a course in a lump-sum amount equal to the

18 lesser of—

19 ‘‘(i) the amount of the educational assistance al20 lowance for the month, or fraction thereof, in which

21 the course begins plus the educational assistance al22 lowance for each of the succeeding four months; or

23 ‘‘(ii)(I) in the case of a course offered on a quar24 ter, semester, or term basis, the amount of aggregate

25 monthly educational assistance allowance otherwise
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1 payable under this subchapter for the course for the

2 entire quarter, semester, or term; or

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

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

5 aggregate monthly educational assistance allowance

6 otherwise payable under this subchapter for the entire

7 course.

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

9 3015(h) of this title in the monthly rate of basic educational

10 assistance that occurs during a period for which an acceler11 ated payment is made under this subsection, the Secretary

12 shall pay—

13 ‘‘(i) on an accelerated basis the amount of the al14 lowance otherwise payable under this subchapter for

15 the period without regard to the adjustment under

16 that section; and

17 ‘‘(ii) on the date of the adjustment any addi18 tional amount of the allowance that is payable for the

19 period as a result of the adjustment.

20 ‘‘(3) For each accelerated payment made to an indi21 vidual under this subsection, the individual’s entitlement

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

23 which the entitlement would be charged if the individual

24 had received a monthly educational assistance allowance for
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1 the period of educational pursuit covered by the accelerated

2 payment.

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

4 out this subsection. The regulations shall include the re5 quirements, conditions, and methods for the request,

6 issuance, delivery, certification of receipt and use, and re7 covery of overpayment of an accelerated payment under this

8 subsection.’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the date that is six months

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

12 with respect to courses of education beginning on or after

13 that date.

14 SEC. 103. ACCELERATED PAYMENTS OF EDUCATIONAL AS15 SISTANCE UNDER MONTGOMERY GI BILL FOR

16 EDUCATION LEADING TO EMPLOYMENT IN

17 HIGH TECHNOLOGY INDUSTRY.

18 (a) IN GENERAL.—(1) Chapter 30 is amended by in19 serting after section 3014 the following new section:

20 ‘‘§ 3014A. Accelerated payment of basic educational

21 assistance for education leading to em22 ployment in high technology industry

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

24 entitled to basic educational assistance under this sub25 chapter may elect to receive an accelerated payment of the
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1 basic educational assistance allowance otherwise payable to

2 the individual under section 3015 of this title.

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

4 individual who is—

5 ‘‘(1) enrolled in an approved program of edu6 cation that leads to employment in a high technology

7 industry (as determined pursuant to regulations pre8 scribed by the Secretary); and

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

10 education that, when divided by the number of

11 months (and fractions thereof) in the enrollment pe12 riod, exceeds the amount equal to 200 percent of the

13 monthly rate of basic educational assistance allow14 ance otherwise payable to the individual under sec15 tion 3015 of this title.

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

17 educational assistance made to an individual making an

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

19 shall be the lesser of—

20 ‘‘(A) the amount equal to 60 percent of the estab21 lished charges for the program of education; or

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

23 assistance to which the individual remains entitled

24 under this chapter at the time of the payment.
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1 ‘‘(2) In this subsection, the term ‘established charges’,

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

3 charges (as determined pursuant to regulations prescribed

4 by the Secretary) for tuition and fees which similarly

5 circumstanced nonveterans enrolled in the program of edu6 cation would be required to pay. Established charges shall

7 be determined on the following basis:

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

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

10 semester basis, the tuition and fees charged the indi11 vidual for the term, quarter, or semester.

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

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

14 or semester basis, the tuition and fees charged the in15 dividual for the entire program of education.

16 ‘‘(3) The educational institution providing the pro17 gram of education for which an accelerated payment of

18 basic educational assistance allowance is elected by an indi19 vidual under subsection (a) shall certify to the Secretary

20 the amount of the established charges for the program of

21 education.

22 ‘‘(d) An accelerated payment of basic educational as23 sistance made to an individual under this section for a pro24 gram of education shall be made not later than the last day

25 of the month immediately following the month in which the
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1 Secretary receives a certification from the educational insti2 tution regarding—

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

4 of the program of education; and

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

6 program of education.

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

8 accelerated payment of basic educational assistance made

9 to an individual under this section, the individual’s entitle10 ment to basic educational assistance under this chapter

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

12 thereof) determined by dividing the amount of the acceler13 ated payment by the full-time monthly rate of basic edu14 cational assistance allowance otherwise payable to the indi15 vidual under section 3015 of this title as of the beginning

16 date of the enrollment period for the program of education

17 for which the accelerated payment is made.

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

19 allowance otherwise payable to an individual under section

20 3015 of this title increases during the enrollment period of

21 a program of education for which an accelerated payment

22 of basic educational assistance is made under this section,

23 the charge to the individual’s entitlement to basic edu24 cational assistance under this chapter shall be determined

25 by prorating the entitlement chargeable, in the matter pro-
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1 vided for under paragraph (1), for the periods covered by

2 the initial rate and increased rate, respectively, in accord3 ance with regulations prescribed by the Secretary.

4 ‘‘(f) The Secretary may not make an accelerated pay5 ment under this section for a program of education to an

6 individual who has received an advance payment under sec7 tion 3014(c) or 3680(d) of this title for the same enrollment

8 period.

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

10 out this section. The regulations shall include requirements,

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

12 certification of receipt and use, and recovery of overpay13 ment of an accelerated payment under this section.’’.

14 (2) The table of sections at the beginning of that chap15 ter is amended by inserting after the item relating to section

16 3014 the following new item:

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

to employment in high technology industry.’’.

17 (b) RESTATEMENT AND ENHANCEMENT OF CERTAIN

18 ADMINISTRATIVE AUTHORITIES.—Subsection (g) of section

19 3680 is amended to read as follows:

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

21 which the Secretary shall prescribe, determine and define

22 with respect to an eligible veteran and eligible person the

23 following:
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1 ‘‘(A) Enrollment in a course or a program of

2 education or training.

3 ‘‘(B) Pursuit of a course or program of edu4 cation or training.

5 ‘‘(C) Attendance at a course or program of edu6 cation and training.

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

8 to an eligible veteran or eligible person until the Secretary

9 receives such proof as the Secretary may require of enroll10 ment in and satisfactory pursuit of a program of education

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

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

13 of the proof the Secretary receives.

14 ‘‘(3) In the case of an individual other than an indi15 vidual described in paragraph (4), the Secretary may ac16 cept the individual’s monthly certification of enrollment in

17 and satisfactory pursuit of a program of education as suffi18 cient proof of the certified matters.

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

20 accelerated payment of basic educational assistance under

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

22 a program of education, the Secretary may accept the indi23 vidual’s certification of enrollment in and satisfactory pur24 suit of the program of education as sufficient proof of the
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1 certified matters if the certification is submitted after the

2 enrollment period has ended.’’.

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

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

5 enactment of this Act, and shall apply with respect to en6 rollments in courses or programs of education or training

7 beginning on or after that date.

8 SEC. 104. ELIGIBILITY FOR MONTGOMERY GI BILL BENE9 FITS OF CERTAIN ADDITIONAL VIETNAM ERA

10 VETERANS.

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

12 amended—

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

14 (A);

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

16 (B); and

17 (3) by adding at the end the following new sub18 paragraph:

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

20 educational assistance benefits under chapter 34

21 of this title and—

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

23 19, 1984;
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1 ‘‘(ii) reenlists or reenters on a period

2 of active duty after the date specified in

3 clause (i); and

4 ‘‘(iii) after July 1, 1985, either—

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

6 continuous active duty in the Armed

7 Forces; or

8 ‘‘(II) is discharged or released

9 from active duty (aa) for a service-con10 nected disability, for a medical condi11 tion which preexisted such service on

12 active duty and which the Secretary

13 determines is not service connected, for

14 hardship, or for a physical or mental

15 condition that was not characterized as

16 a disability, as described in subpara17 graph (A)(ii)(I) of this paragraph, (bb)

18 for the convenience of the Government,

19 if the individual completed not less

20 than 30 months of continuous active

21 duty after that date, or (cc) involun22 tarily for the convenience of the Gov23 ernment as a result of a reduction in

24 force, as determined by the Secretary of

25 the military department concerned in
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1 accordance with regulations prescribed

2 by the Secretary of Defense or by the

3 Secretary of Transportation with re4 spect to the Coast Guard when it is not

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

6 (b) SELECTED RESERVE PROGRAM.—Section

7 3012(a)(1) is amended—

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

9 (A);

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

11 (B); and

12 (3) by adding at the end the following new sub13 paragraph:

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

15 educational assistance under chapter 34 of this

16 title and—

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

18 19, 1984;

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

20 of active duty after the date specified in

21 clause (i); and

22 ‘‘(iii) after July 1, 1985—

23 ‘‘(I) serves at least two years of

24 continuous active duty in the Armed

25 Forces, subject to subsection (b) of this
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1 section, characterized by the Secretary

2 concerned as honorable service; and

3 ‘‘(II) subject to subsection (b) of

4 this section and beginning within one

5 year after completion of such two years

6 of service, serves at least four contin7 uous years in the Selected Reserve dur8 ing which the individual participates

9 satisfactorily in training as prescribed

10 by the Secretary concerned;’’.

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

12 is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘and’’ at the end of para15 graph (1);

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

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

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

19 paragraph:

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

21 entitled to such assistance under section

22 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the

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

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

25 3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting ‘‘sec-
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1 tion 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or

2 3012(a)(1)(C)’’.

3 SEC. 105. TREATMENT OF EDUCATIONAL ALLOWANCES

4 PAID TO PERSONS CALLED TO ACTIVE DUTY

5 FOR THE NATIONAL EMERGENCY OF SEP6 TEMBER 11, 2001.

7 (a) MONTGOMERY GI BILL.—Section 3013(f)(2) is

8 amended—

9 (1) in subparagraph (A), by inserting ‘‘, or in

10 support of or response to the National Emergency de11 clared by the Presidential Proclamation dated Sep12 tember 14, 2001,’’ after ‘‘Persian Gulf War’’; and

13 (2) in subparagraph (B), by inserting ‘‘or Presi14 dential Proclamation’’ after ‘‘such War’’.

15 (b) VEAP.—Section 3231(a)(5) is amended—

16 (1) in subparagraph (B)(i), by inserting ‘‘, or in

17 support of or response to the National Emergency de18 clared by the Presidential Proclamation dated Sep19 tember 14, 2001,’’ after ‘‘Persian Gulf War’’; and

20 (2) in subparagraph (B)(ii), by inserting ‘‘or

21 Presidential Proclamation’’ after ‘‘such War’’.

22 (c) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS23 SISTANCE.—Section 3511(a)(2)(B)(i) is amended by insert24 ing ‘‘, or in support of or response to the National Emer-
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1 gency declared by the Presidential Proclamation dated Sep2 tember 14, 2001,’’ after ‘‘Persian Gulf War’’.

3 SEC. 106. INCREASE IN RATES OF SURVIVORS’ AND DE4 PENDENTS’ EDUCATIONAL ASSISTANCE.

5 (a) IN GENERAL.—Section 3532(a)(1) is amended—

6 (1) by striking ‘‘$588’’ and inserting ‘‘$690’’;

7 (2) by striking ‘‘$441’’ and inserting ‘‘$517’’;

8 and

9 (3) by striking ‘‘$294’’ and inserting ‘‘$345’’.

10 (b) TRAINING IN BUSINESS OR INDUSTRY.—Section

11 3532(b) is amended by striking ‘‘$588’’ and inserting

12 ‘‘$690’’.

13 (c) CORRESPONDENCE COURSES.—Section 3534(b) is

14 amended by striking ‘‘$588’’ and inserting ‘‘$690’’.

15 (d) SPECIAL RESTORATIVE TRAINING.—Section 3542

16 is amended by striking ‘‘$588’’ and inserting ‘‘$690’’.

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

18 section shall take effect on October 1, 2001, and shall apply

19 with respect to educational assistance allowances payable

20 under chapter 35 of title 38, United States Code, for months

21 beginning on or after that date. No adjustment in amounts

22 of educational assistance shall be made under section 3564

23 of title 38, United States Code, for fiscal year 2002.
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1 SEC. 107. ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’

2 EDUCATIONAL ASSISTANCE OF SPOUSES AND

3 SURVIVING SPOUSES OF VETERANS WITH

4 TOTAL SERVICE-CONNECTED DISABILITIES.

5 (a) DESIGNATION OF ELIGIBILITY.—Section

6 3501(a)(1)(D) is amended—

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

8 (2) by inserting ‘‘(ii)’’ after ‘‘or’’.

9 (b) RESTATEMENT AND EXPANSION OF TREATMENT OF

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

11 adding at the end the following new subsection:

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

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

14 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be de15 ducted from any entitlement to which such person may sub16 sequently be entitled under this chapter.’’.

17 (2) Section 3512 is amended by striking subsection (g).

18 (c) DELIMITING PERIOD.—(1) Section 3512(b) is

19 amended—

20 (A) by striking paragraph (1) and inserting the

21 following new paragraph (1):

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

23 person made eligible by subparagraph (B) or (D) of section

24 3501(a)(1) of this title may be afforded educational assist25 ance under this chapter during the 10-year period begin26 ning on the date (as determined by the Secretary) the per-
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1 son becomes an eligible person within the meaning of sec2 tion 3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii)

3 of this title. In the case of a surviving spouse made eligible

4 by clause (ii) of section 3501(a)(1)(D) of this title, the 10-

5 year period may not be reduced by any earlier period dur6 ing which the person was afforded educational assistance

7 under this chapter as a spouse made eligible by clause (i)

8 of that section.

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

10 person referred to in that subparagraph may, subject to the

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

12 10-year period than would otherwise be applicable to the

13 person under that subparagraph. The beginning date so

14 elected may be any date between the beginning date deter15 mined for the person under subparagraph (A) and which16 ever of the following dates applies:

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

18 veteran from whom eligibility is derived that the vet19 eran has a service-connected total disability perma20 nent in nature.

21 ‘‘(ii) The date on which the Secretary determines

22 that the veteran from whom eligibility is derived died

23 of a service-connected disability.’’; and

24 (B) by striking paragraph (3).
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1 (2) The amendments made by paragraph (1) shall

2 apply with respect to any determination (whether adminis3 trative or judicial) of the eligibility of a spouse or surviving

4 spouse for educational assistance under chapter 35 of title

5 38, United States Code, made on or after the date of the

6 enactment of this Act, whether pursuant to an original

7 claim for such assistance or pursuant to a reapplication

8 or attempt to reopen or readjudicate a claim for such assist9 ance.

10 SEC. 108. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY

11 ENTITIES IN DEFINITION OF EDUCATIONAL

12 INSTITUTION.

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

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

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

16 meets such requirements as the Secretary may establish)

17 that offers, either directly or under an agreement with an18 other entity (that meets such requirements), a course or

19 courses to fulfill requirements for the attainment of a license

20 or certificate generally recognized as necessary to obtain,

21 maintain, or advance in employment in a profession or vo22 cation in a high technology occupation (as determined by

23 the Secretary).’’.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply to enrollments in courses occurring

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

4 TITLE II—COMPENSATION AND

5 PENSION MATTERS

6 SEC. 201. MODIFICATION AND EXTENSION OF AUTHORITIES

7 ON PRESUMPTION OF SERVICE-CONNECTION

8 FOR HERBICIDE-RELATED DISABILITIES OF

9 VIETNAM ERA VETERANS.

10 (a) REPEAL OF 30-YEAR LIMITATION ON MANIFESTA11 TION OF RESPIRATORY CANCERS.—Subsection (a)(2)(F) of

12 section 1116 is amended by striking ‘‘within 30 years’’ and

13 all that follows through ‘‘May 7, 1975’’.

14 (b) PRESUMPTION OF EXPOSURE TO HERBICIDE

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

16 1116 is further amended—

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

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

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

20 (B) in subsection (a), by redesignating para21 graph (4) as paragraph (3); and

22 (C) in subsection (f), as transferred and redesig23 nated by subparagraph (B) of this paragraph—

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

25 subsection, a veteran’’ and inserting ‘‘For pur-
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1 poses of establishing service connection for a dis2 ability or death resulting from exposure to a her3 bicide agent, including a presumption of service4 connection under this section, a veteran’’; and

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

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

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

8 to read as follows:

9 ‘‘§ 1116. Presumptions of service connection for dis10 eases associated with exposure to certain

11 herbicide agents; presumption of expo12 sure’’.

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

14 11 is amended by striking the item relating to section 1116

15 and inserting the following new item:

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

certain herbicide agents; presumption of exposure.’’.

16 (c) EXTENSION OF AUTHORITY TO PRESUME SERVICE17 CONNECTION FOR ADDITIONAL DISEASES.—(1) Subsection

18 (e) of section 1116 is amended by striking ‘‘10 years’’ and

19 inserting ‘‘20 years’’.

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

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

22 inserting ‘‘20 years’’.
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1 SEC. 202. COMPENSATION FOR DISABILITIES OF PERSIAN

2 GULF WAR VETERANS.

3 (a) PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILL4 NESSES.—Section 1117 is amended—

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

6 presumptive period prescribed under subsection (b)’’

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

8 later date as the Secretary may prescribe by regula9 tion’’;

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

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

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

13 (b) ILLNESSES THAT CANNOT BE CLEARLY DE14 FINED.—Subsection (a) of that section is further amended

15 by inserting ‘‘or any poorly defined chronic multisymptom

16 illness of unknown etiology, regardless of diagnosis, charac17 terized by two or more of the signs or symptoms listed in

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

19 (c) SIGNS OR SYMPTOMS THAT MAY INDICATE

20 UNDIAGNOSED ILLNESSES.—That section is further amend21 ed by adding at the end the following new subsection:

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

23 that may be a manifestation of an undiagnosed illness in24 clude the following:

25 ‘‘(1) Fatigue.
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1 ‘‘(2) Unexplained rashes or other dermatological

2 signs or symptoms.

3 ‘‘(3) Headache.

4 ‘‘(4) Muscle pain.

5 ‘‘(5) Joint pain.

6 ‘‘(6) Neurologic signs or symptoms.

7 ‘‘(7) Neuropsychological signs or symptoms.

8 ‘‘(8) Signs or symptoms involving the res9 piratory system (upper or lower).

10 ‘‘(9) Sleep disturbances.

11 ‘‘(10) Gastrointestinal signs or symptoms.

12 ‘‘(11) Cardiovascular signs or symptoms.

13 ‘‘(12) Abnormal weight loss.

14 ‘‘(13) Menstrual disorders.’’.

15 (d) PRESUMPTION OF SERVICE CONNECTION PRO16 GRAM.—Section 1118(a) is amended by adding at the end

17 the following new paragraph:

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

19 that may be a manifestation of an undiagnosed illness in20 clude the signs and symptoms listed in section 1117(f) of

21 this title.’’.

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

23 section shall take effect on April 1, 2002.
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1 SEC. 203. EXPANSION OF PRESUMPTIONS OF PERMANENT

2 AND TOTAL DISABILITY FOR VETERANS AP3 PLYING FOR NONSERVICE-CONNECTED PEN4 SION.

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

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

7 end of the subsection and inserting the following: ‘‘such a

8 person—

9 ‘‘(1) is a patient in a nursing home for long10 term care because of disability;

11 ‘‘(2) has been determined by the Social Security

12 Administration to be disabled for purposes of any

13 benefits administered by the Administration and the

14 Administration, based on evidence available to the

15 Administration, does not expect such person’s condi16 tion to improve;

17 ‘‘(3) is at least 65 years old and, based on evi18 dence available to the Secretary, has no current, re19 curring income from employment;

20 ‘‘(4) is unemployable as a result of disability

21 reasonably certain to continue throughout the life of

22 the disabled person; or

23 ‘‘(5) is suffering from—

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

25 render it impossible for the average person to fol26 low a substantially gainful occupation, but only
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1 if it is reasonably certain that such disability

2 will continue throughout the life of the disabled

3 person; or

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

5 the Secretary to be of such a nature or extent as

6 to justify a determination that persons suffering

7 therefrom are permanently and totally dis8 abled.’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on September 10, 2001.

11 SEC. 204. EXCLUSION OF CERTAIN ADDITIONAL INCOME

12 FROM DETERMINATIONS OF ANNUAL INCOME

13 FOR PENSION PURPOSES.

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

15 section 1503 is amended—

16 (1) in paragraph (9), by striking ‘‘and’’ at the

17 end;

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

19 the end and inserting a semicolon; and

20 (3) by adding at the end the following new para21 graph (11):

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

23 than the amount prescribed by the Secretary for pur24 poses of this paragraph, subject to subsection (c)) of

25 any life insurance policy of a veteran; and’’.
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1 (b) OTHER NON-RECURRING INCOME.—That sub2 section is further amended by inserting after paragraph

3 (11), as added by subsection (a)(3) of this section, the fol4 lowing new paragraph (12):

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

6 amount equal to or less than the amount prescribed

7 by the Secretary for purposes of this paragraph, sub8 ject to subsection (c)) from any source.’’.

9 (c) EXCLUDABLE AMOUNTS OF LIFE INSURANCE PRO10 CEEDS AND OTHER NON-RECURRING INCOME.—That sec11 tion is further amended by adding at the end the following

12 new subsection:

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

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

15 consideration the amount of income from insurance pro16 ceeds or other non-recurring income, as the case may be,

17 that is reasonable for individuals eligible for pension to con18 sume for their maintenance.’’.

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

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

21 with respect to determinations of annual income under sec22 tion 1503 of title 38, United States Code, as so amended,

23 on or after that date.
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1 SEC. 205. TIME LIMITATION ON RECEIPT OF CLAIM INFOR2 MATION PURSUANT TO REQUEST BY DEPART3 MENT OF VETERANS AFFAIRS.

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

5 at the end the following new subsection:

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

7 claimant and the claimant’s representative, if any, are no8 tified under subsection (b) is necessary to complete an ap9 plication is not received by the Secretary within one year

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

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

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

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

14 (b) REPEAL OF SUPERSEDED PROVISIONS.—Section

15 5103 is amended—

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

17 AND EVIDENCE.—’’; and

18 (2) by striking subsection (b).

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

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

21 immediately after the enactment of the Veterans Claims As22 sistance Act of 2000 (Public Law 106–475; 114 Stat. 2096).
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1 SEC. 206. EFFECTIVE DATE OF CHANGE IN RECURRING IN2 COME FOR PENSION PURPOSES.

3 Section 5112(b)(4) is amended by striking subpara4 graph (A) and inserting the following new subparagraph

5 (A):

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

7 last day of the calendar year in which the

8 change occurred (with the pension rate for the

9 following calendar year based on all anticipated

10 countable income); and’’.

11 SEC. 207. PROHIBITION ON PROVISION OF CERTAIN BENE12 FITS WITH RESPECT TO VETERANS WHO ARE

13 FUGITIVE FELONS.

14 (a) PROHIBITION.—(1) Chapter 53 is amended by in15 serting after section 5313A the following new section:

16 ‘‘§ 5313B. Prohibition on providing certain benefits

17 with respect to veterans who are fugitive

18 felons

19 ‘‘(a) A veteran described in subsection (b), or depend20 ent of the veteran, who is otherwise eligible for a benefit

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

22 provided such benefit during any period in which the vet23 eran is a fugitive as described in subsection (b).

24 ‘‘(b)(1) A veteran described in this subsection is a vet25 eran who is a fugitive by reason of—
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1 ‘‘(A) fleeing to avoid prosecution, or custody or

2 confinement after conviction, for an offense, or an at3 tempt to commit an offense, which is a felony under

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

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

6 imposed under Federal or State law.

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

8 includes a high misdemeanor under the laws of a State

9 which characterizes as high misdemeanors offenses that

10 would be felony offenses under Federal law.

11 ‘‘(c) A benefit described in this subsection is any ben12 efit under the following:

13 ‘‘(1) Chapter 11 of this title.

14 ‘‘(2) Chapter 13 of this title.

15 ‘‘(3) Chapter 15 of this title.

16 ‘‘(4) Chapter 17 of this title.

17 ‘‘(5) Chapter 19 of this title.

18 ‘‘(6) Chapters 30, 31, 32, 34, and 35 of this title.

19 ‘‘(7) Chapter 37 of this title.

20 ‘‘(d)(1) The Secretary shall furnish to any Federal,

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

22 request of such official, the most current address maintained

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

24 described in subsection (c) if such official—
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1 ‘‘(A) provides the Secretary such information as

2 the Secretary may require to fully identify the vet3 eran;

4 ‘‘(B) identifies the veteran as being a fugitive de5 scribed in subsection (b); and

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

7 and apprehension of the veteran is within the official

8 duties of such official.

9 ‘‘(2) The Secretary shall enter into memoranda of un10 derstanding with Federal law enforcement agencies, and

11 may enter into agreements with State and local law enforce12 ment agencies, for purposes of furnishing information to

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

14 (2) The table of sections at the beginning of that chap15 ter is amended by inserting after the item relating to section

16 5313A the following new item:

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

are fugitive felons.’’.

17 (b) SENSE OF CONGRESS ON ENTRY INTO MEMORANDA

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

19 Congress that the memoranda of understanding and agree20 ments referred to in section 5313B(d)(2) of title 38, United

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

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

23 of this Act, but not later than six months after that date.
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1 SEC. 208. LIMITATION ON PAYMENT OF COMPENSATION

2 FOR VETERANS REMAINING INCARCERATED

3 FOR FELONIES COMMITTED BEFORE OCTO4 BER 7, 1980.

5 (a) LIMITATION.—Notwithstanding any other provi6 sion of law, the payment of compensation to or with respect

7 to a veteran described in subsection (b) shall, for the re8 mainder of the period of incarceration of the veteran de9 scribed in that subsection, be subject to the provisions of

10 section 5313 of title 38, United States Code, other than sub11 section (d) of that section.

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

13 subsection is any veteran entitled to compensation who—

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

15 felony committed before that date; and

16 (2) remains incarcerated for conviction of that

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

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

19 90 days after the date of the enactment of this Act, and

20 shall apply with respect to the payment of compensation

21 for months beginning on or after that date.

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

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

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

25 Code.
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1 SEC. 209. REPEAL OF LIMITATION ON PAYMENTS OF BENE2 FITS TO INCOMPETENT INSTITUTIONALIZED

3 VETERANS.

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

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

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

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

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

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

10 ‘‘section 5503(c)’’.

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

12 SEC. 210. EXTENSION OF LIMITATION ON PENSION FOR

13 CERTAIN RECIPIENTS OF MEDICAID-COV14 ERED NURSING HOME CARE.

15 Paragraph (7) of subsection (d) of section 5503, as re16 designated by section 209(a)(2) of this Act, is amended by

17 striking ‘‘September 30, 2008’’ and inserting ‘‘September

18 30, 2011’’.

19 TITLE III—HOUSING MATTERS

20 SEC. 301. INCREASE IN HOME LOAN GUARANTY AMOUNT

21 FOR CONSTRUCTION AND PURCHASE OF

22 HOMES.

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

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

25 and inserting ‘‘$63,175’’.
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1 SEC. 302. FOUR-YEAR EXTENSION OF NATIVE AMERICAN

2 VETERANS HOUSING LOAN PROGRAM.

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

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

5 ‘‘December 31, 2005’’.

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

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

8 SEC. 303. EXTENSION OF OTHER EXPIRING AUTHORITIES.

9 (a) HOUSING LOANS FOR MEMBERS OF THE SE10 LECTED RESERVE.—Section 3702(a)(2)(E) is amended by

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

12 30, 2011’’.

13 (b) ENHANCED LOAN ASSET SALE AUTHORITY.—Sec14 tion 3720(h)(2) is amended by striking ‘‘December 31,

15 2008’’ and inserting ‘‘December 31, 2011’’.

16 (c) HOME LOAN FEE AUTHORITIES.—The table in sec17 tion 3729(b)(2) is amended by striking ‘‘October 1, 2008’’

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

19 (d) PROCEDURES APPLICABLE TO LIQUIDATION SALES

20 ON DEFAULTED HOME LOANS GUARANTEED BY THE DE21 PARTMENT OF VETERANS AFFAIRS.—Section 3732(c)(11) is

22 amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc23 tober 1, 2011’’.
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1 TITLE IV—BURIAL MATTERS

2 SEC. 401. INCREASE IN BURIAL AND FUNERAL EXPENSE

3 BENEFIT FOR VETERANS WHO DIE OF SERV4 ICE-CONNECTED DISABILITIES.

5 (a) BURIAL AND FUNERAL EXPENSES.—Section

6 2307(1) is amended by striking ‘‘$1,500’’ and inserting

7 ‘‘$2,000’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall apply to deaths occurring on or after the

10 date of the enactment of this Act.

11 SEC. 402. AUTHORITY TO PROVIDE BRONZE GRAVE MARK12 ERS FOR PRIVATELY MARKED GRAVES.

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

14 at the end the following new subsection:

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

16 in subsection (a) that has been marked by a privately-fur17 nished headstone or marker, the Secretary may furnish,

18 when requested, a bronze marker to commemorate the indi19 vidual’s military service. The bronze marker may be placed

20 at the gravesite or at another location designated by the

21 cemetery concerned as a location for the commemoration of

22 the individual’s military service.’’.

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

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

25 this section, shall apply with respect to deaths as follows:
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1 (1) Any death occurring on or after the date of

2 the enactment of this Act.

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

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

5 to the Secretary of Veterans Affairs with respect to

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

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

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

9 2306 is amended by striking ‘‘of this section’’.

10 TITLE V—OTHER BENEFITS

11 MATTERS

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

13 OF VETERANS IN PROGRAMS OF INDE14 PENDENT LIVING SERVICES AND ASSIST15 ANCE.

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

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

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

19 the provision of programs of independent living services

20 and assistance under this section’’.

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall take effect on September 30, 2001.
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1 TITLE VI—UNITED STATES

2 COURT OF APPEALS FOR VET3 ERANS CLAIMS

4 SEC. 601. TEMPORARY EXPANSION OF UNITED STATES

5 COURT OF APPEALS FOR VETERANS CLAIMS

6 TO FACILITATE STAGGERED TERMS OF

7 JUDGES.

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

9 adding at the end the following new subsection:

10 ‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) Not11 withstanding subsection (a) and subject to the provisions

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

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

14 August 15, 2005, is nine judges.

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

16 subsection—

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

18 to a nomination made in 2001 or 2002;

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

20 to a nomination made in 2003; and

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

22 nomination covered by subparagraph (A), a nomina23 tion covered by subparagraph (B), or neither a nomi24 nation covered by subparagraph (A) nor a nomina25 tion covered by subparagraph (B), the number of
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1 judges authorized by this subsection but not appointed

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

3 case may be, may be appointed pursuant to a nomi4 nation or nominations made in 2004, but only if such

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

6 made before September 30, 2004.

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

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

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

10 provisions of section 1012 of the Court of Appeals for Vet11 erans Claims Amendments of 1999 (title X of Public Law

12 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge

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

14 November 30, 1999.

15 ‘‘(4) A judge of the Court as of the date of the enact16 ment of this subsection who was appointed before 1991 may

17 accept appointment as a judge of the Court under this sub18 section notwithstanding that the term of office of the judge

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

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

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

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

23 judges in excess of seven judges (other than judges serving

24 in recall status under section 7257 of title 38, United States
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1 Code) who were appointed to the United States Court of

2 Appeals for Veterans Claims after January 1, 1997.

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

4 amended—

5 (1) in subsection (b), by inserting ‘‘APPOINT6 MENT.—’’ before ‘‘The judges’’;

7 (2) in subsection (c), by inserting ‘‘TERM OF OF8 FICE.—’’ before ‘‘The terms’’;

9 (3) in subsection (f), by striking ‘‘(f)(1)’’ and in10 serting ‘‘(f) REMOVAL.—(1)’’; and

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

12 before ‘‘The Court’’.

13 SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE

14 REGARDING ACCEPTANCE OF REAPPOINT15 MENT AS CONDITION TO RETIREMENT FROM

16 UNITED STATES COURT OF APPEALS FOR

17 VETERANS CLAIMS.

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

19 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.
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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: ‘‘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