In the House of Representatives, U. S.,

December 11, 2001.

Resolved, That the House agree to the amendments of

the Senate to the bill (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’’, with the following

HOUSE AMENDMENT TO SENATE AMENDMENTS:

In lieu of the matter proposed to be inserted by the

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

the following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans Education and Benefits Expansion Act of 2001’’.

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

5 Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—EDUCATIONAL ASSISTANCE PROVISIONS

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

Bill.

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

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

active duty.

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

Bill for education leading to employment in high technology industry.

Sec. 105. Eligibility for Montgomery GI Bill benefits of certain additional Vietnam era veterans.
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Sec. 106. Increase in maximum allowable annual Senior ROTC educational assistance for eligibility for benefits under the Montgomery GI

Bill.

Sec. 107. Expansion of work-study opportunities.

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

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

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

spouses or surviving spouses.

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

Sec. 111. Distance education.

TITLE II—COMPENSATION AND PENSION PROVISIONS

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

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

chronic disabilities.

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

for participation in research projects by Persian Gulf War veterans.

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

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

adjustments.

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

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

TITLE III—TRANSITION AND OUTREACH PROVISIONS

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

transition assistance.

Sec. 302. Timing of preseparation counseling.

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

servicemembers and veterans.

Sec. 304. Improvement of veterans outreach programs.

TITLE IV—HOUSING MATTERS

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

of homes.

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

Sec. 403. Modification of loan assumption notice requirement.

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

Sec. 405. Extension of other housing authorities.

Sec. 406. Clarifying amendment relating to eligibility of members of the Selected

Reserve for housing loans.

TITLE V—OTHER MATTERS

Sec. 501. Increase in burial benefits.

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

Sec. 503. Increase in amount of assistance for automobile and adaptive equipment for certain disabled veterans.
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Sec. 504. Extension of limitation on pension for certain recipients of medicaidcovered nursing home care.

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

are fugitive felons.

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

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

the Secretary of Veterans Affairs.

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

of independent living services and assistance.

Sec. 509. Technical and clerical amendments.

TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

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

of the Court.

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

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

the Court.

Sec. 604. Registration fees.

Sec. 605. Administrative authorities.

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—EDUCATIONAL

8 ASSISTANCE PROVISIONS

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

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

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

13 ‘‘(1) for an approved program of education pur14 sued on a full-time basis, at the monthly rate of—
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1 ‘‘(A) for months beginning on or after Jan2 uary 1, 2002, $800;

3 ‘‘(B) for months occurring during fiscal

4 year 2003, $900;

5 ‘‘(C) for months occurring during fiscal

6 year 2004, $985; and

7 ‘‘(D) for months occurring during a subse8 quent fiscal year, the amount for months occur9 ring during the previous fiscal year increased

10 under subsection (h); or’’.

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

12 read as follows:

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

15 ‘‘(A) for months beginning on or after Jan16 uary 1, 2002, $650;

17 ‘‘(B) for months occurring during fiscal

18 year 2003, $732;

19 ‘‘(C) for months occurring during fiscal

20 year 2004, $800; and

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

24 under subsection (h); or’’.
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1 (b) CPI ADJUSTMENT.—No adjustment in rates of

2 educational assistance shall be made under section 3015(h)

3 of title 38, United States Code, for fiscal years 2003 and

4 2004.

5 SEC. 102. INCREASE IN RATES OF SURVIVORS’ AND DE6 PENDENTS’ EDUCATIONAL ASSISTANCE.

7 (a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS8 SISTANCE.—Section 3532 is amended—

9 (1) in subsection (a)(1)—

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

11 ‘‘$670’’;

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

13 ‘‘$503’’; and

14 (C) by striking ‘‘$294’’ and inserting

15 ‘‘$335’’;

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

17 inserting ‘‘$670’’;

18 (3) in subsection (b), by striking ‘‘$588’’ and in19 serting ‘‘$670’’; and

20 (4) in subsection (c)(2)—

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

22 ‘‘$541’;

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

24 ‘‘$406’’; and
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1 (C) by striking ‘‘$238’’ and inserting

2 ‘‘$271’’.

3 (b) CORRESPONDENCE COURSES.—Section 3534(b) is

4 amended by striking ‘‘$588’’ and inserting ‘‘$670’’.

5 (c) SPECIAL RESTORATIVE TRAINING.—Section

6 3542(a) is amended—

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

8 and

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

10 inserting ‘‘$210’’.

11 (d) APPRENTICESHIP TRAINING.—Section 3687(b)(2)

12 is amended—

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

14 (2) by striking ‘‘$320’’ and inserting ‘‘$365’’;

15 (3) by striking ‘‘$212’’ and inserting ‘‘$242’’;

16 and

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

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

19 section shall take effect as of January 1, 2002, and shall

20 apply with respect to educational assistance allowances

21 payable under chapter 35 and section 3687(b)(2) of title

22 38, United States Code, for months beginning on or after

23 that date.
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1 SEC. 103. RESTORATION OF CERTAIN EDUCATION BENE2 FITS OF INDIVIDUALS BEING ORDERED TO

3 ACTIVE DUTY.

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

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

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

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

8 673, 673b, or 688 of title 10;’’ and inserting ‘‘to serve on

9 active duty under section 688, 12301(a), 12301(d),

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

11 (b) INCREASE IN CHAPTER 35 DELIMITING PERIOD.—

12 Section 3512 is amended by adding at the end the following

13 new subsection:

14 ‘‘(h) Notwithstanding any other provision of this sec15 tion, if an eligible person, during the delimiting period oth16 erwise applicable to such person under this section, serves

17 on active duty pursuant to an order to active duty issued

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

19 12304 of title 10, such person shall be granted an extension

20 of such delimiting period for the length of time equal to

21 the period of such active duty plus four months.’’.

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

23 is amended by adding at the end the following new sub24 section:

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

26 chapter or chapter 36 of this title, any payment of a subsist-
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1 ence allowance and other assistance described in paragraph

2 (2) shall not—

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

4 veteran under this chapter; or

5 ‘‘(B) be counted toward the aggregate period for

6 which section 3695 of this title limits an individual’s

7 receipt of allowance or assistance.

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

9 other assistance referred to in paragraph (1) is the payment

10 of such an allowance or assistance for the period described

11 in paragraph (3) to a veteran for participation in a voca12 tional rehabilitation program under this chapter if the Sec13 retary finds that the veteran had to suspend or discontinue

14 participation in such vocational rehabilitation program as

15 a result of being ordered to serve on active duty under sec16 tion 688, 12301(a), 12301(d), 12301(g), 12302, or 12304

17 of title 10.

18 ‘‘(3) The period for which, by reason of this subsection,

19 a subsistence allowance and other assistance is not charged

20 against entitlement or counted toward the applicable aggre21 gate period under section 3695 of this title shall be the pe22 riod of participation in the vocational rehabilitation pro23 gram for which the veteran failed to receive credit or with

24 respect to which the veteran lost training time, as deter25 mined by the Secretary.’’.
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1 (2) Section 3103 is amended by adding at the end the

2 following new subsection:

3 ‘‘(e) In any case in which the Secretary has deter4 mined that a veteran was prevented from participating in

5 a vocational rehabilitation program under this chapter

6 within the period of eligibility otherwise prescribed in this

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

8 under section 688, 12301(a), 12301(d), 12301(g), 12302, or

9 12304 of title 10, such period of eligibility shall not run

10 for the period of such active duty service plus four months.

11 (d) CONFORMING AMENDMENTS.—Sections

12 3013(f)(2)(B) and 3231(a)(5)(B)(ii) of such title are each

13 amended by striking ‘‘, in connection with such War,’’.

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

15 section shall take effect as of September 11, 2001.

16 SEC. 104. ACCELERATED PAYMENTS OF EDUCATIONAL AS17 SISTANCE UNDER MONTGOMERY GI BILL FOR

18 EDUCATION LEADING TO EMPLOYMENT IN

19 HIGH TECHNOLOGY INDUSTRY.

20 (a) IN GENERAL.—(1) Chapter 30 is amended by in21 serting after section 3014 the following new section:
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1 ‘‘§ 3014A. Accelerated payment of basic educational

2 assistance for education leading to em3 ployment in high technology industry

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

5 entitled to basic educational assistance under this sub6 chapter may elect to receive an accelerated payment of the

7 basic educational assistance allowance otherwise payable to

8 the individual under section 3015 of this title.

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

10 individual who is—

11 ‘‘(1) enrolled in an approved program of edu12 cation that leads to employment in a high technology

13 industry (as determined pursuant to regulations pre14 scribed by the Secretary); and

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

16 education that, when divided by the number of

17 months (and fractions thereof) in the enrollment pe18 riod, exceeds the amount equal to 200 percent of the

19 monthly rate of basic educational assistance allow20 ance otherwise payable to the individual under sec21 tion 3015 of this title.

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

23 educational assistance made to an individual making an

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

25 shall be the lesser of—
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1 ‘‘(A) the amount equal to 60 percent of the estab2 lished charges for the program of education; or

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

4 assistance to which the individual remains entitled

5 under this chapter at the time of the payment.

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

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

8 charges (as determined pursuant to regulations prescribed

9 by the Secretary) for tuition and fees which similarly

10 circumstanced nonveterans enrolled in the program of edu11 cation would be required to pay. Established charges shall

12 be determined on the following basis:

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

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

15 semester basis, the tuition and fees charged the indi16 vidual for the term, quarter, or semester.

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

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

19 or semester basis, the tuition and fees charged the in20 dividual for the entire program of education.

21 ‘‘(3) The educational institution providing the pro22 gram of education for which an accelerated payment of

23 basic educational assistance allowance is elected by an indi24 vidual under subsection (a) shall certify to the Secretary
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1 the amount of the established charges for the program of

2 education.

3 ‘‘(d) An accelerated payment of basic educational as4 sistance made to an individual under this section for a pro5 gram of education shall be made not later than the last day

6 of the month immediately following the month in which the

7 Secretary receives a certification from the educational insti8 tution regarding—

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

10 of the program of education; and

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

12 program of education.

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

14 accelerated payment of basic educational assistance made

15 to an individual under this section, the individual’s entitle16 ment to basic educational assistance under this chapter

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

18 thereof) determined by dividing the amount of the acceler19 ated payment by the full-time monthly rate of basic edu20 cational assistance allowance otherwise payable to the indi21 vidual under section 3015 of this title as of the beginning

22 date of the enrollment period for the program of education

23 for which the accelerated payment is made.

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

25 allowance otherwise payable to an individual under section
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1 3015 of this title increases during the enrollment period of

2 a program of education for which an accelerated payment

3 of basic educational assistance is made under this section,

4 the charge to the individual’s entitlement to basic edu5 cational assistance under this chapter shall be determined

6 by prorating the entitlement chargeable, in the matter pro7 vided for under paragraph (1), for the periods covered by

8 the initial rate and increased rate, respectively, in accord9 ance with regulations prescribed by the Secretary.

10 ‘‘(f) The Secretary may not make an accelerated pay11 ment under this section for a program of education to an

12 individual who has received an advance payment under sec13 tion 3680(d) of this title for the same enrollment period.

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

15 out this section. The regulations shall include requirements,

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

17 certification of receipt and use, and recovery of overpay18 ment of an accelerated payment under this section.’’.

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

21 3014 the following new item:

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

to employment in high technology industry.’’.

22 (b) RESTATEMENT AND ENHANCEMENT OF CERTAIN

23 ADMINISTRATIVE AUTHORITIES.—Subsection (g) of section

24 3680 is amended to read as follows:
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1 ‘‘DETERMINATION OF ENROLLMENT, PURSUIT, AND

2 ATTENDANCE

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

4 which the Secretary shall prescribe, determine and define

5 with respect to an eligible veteran and eligible person the

6 following:

7 ‘‘(A) Enrollment in a course or program of edu8 cation or training.

9 ‘‘(B) Pursuit of a course or program of edu10 cation or training.

11 ‘‘(C) Attendance at a course or program of edu12 cation or training.

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

14 to an eligible veteran or eligible person until the Secretary

15 receives such proof as the Secretary may require of enroll16 ment in and satisfactory pursuit of a program of education

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

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

19 of the proof the Secretary receives.

20 ‘‘(3) In the case of an individual other than an indi21 vidual described in paragraph (4), the Secretary may ac22 cept the individual’s monthly certification of enrollment in

23 and satisfactory pursuit of a program of education as suffi24 cient proof of the certified matters.
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1 ‘‘(4) In the case of an individual who has received an

2 accelerated payment of basic educational assistance under

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

4 a program of education, the Secretary may accept the indi5 vidual’s certification of enrollment in and satisfactory pur6 suit of the program of education as sufficient proof of the

7 certified matters if the certification is submitted after the

8 enrollment period has ended.’’.

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

10 section shall take effect October 1, 2002, and shall apply

11 with respect to enrollments in courses or programs of edu12 cation or training beginning on or after that date.

13 SEC. 105. ELIGIBILITY FOR MONTGOMERY GI BILL BENE14 FITS OF CERTAIN ADDITIONAL VIETNAM ERA

15 VETERANS.

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

17 amended—

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

19 (A);

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

21 (B); and

22 (3) by adding at the end the following new sub23 paragraph:
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1 ‘‘(C) as of December 31, 1989, was eligible

2 for educational assistance benefits under chapter

3 34 of this title and—

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

5 19, 1984;

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

7 of active duty on or after October 19, 1984;

8 and

9 ‘‘(iii) on or after July 1, 1985,

10 either—

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

12 continuous active duty in the Armed

13 Forces; or

14 ‘‘(II) is discharged or released

15 from active duty (aa) for a service-con16 nected disability, for a medical condi17 tion which preexisted such service on

18 active duty and which the Secretary

19 determines is not service connected, for

20 hardship, or for a physical or mental

21 condition that was not characterized as

22 a disability, as described in subpara23 graph (A)(ii)(I) of this paragraph, (bb)

24 for the convenience of the Government,

25 if the individual completed not less
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1 than 30 months of continuous active

2 duty after that date, or (cc) involun3 tarily for the convenience of the Gov4 ernment as a result of a reduction in

5 force, as determined by the Secretary of

6 the military department concerned in

7 accordance with regulations prescribed

8 by the Secretary of Defense or by the

9 Secretary of Transportation with re10 spect to the Coast Guard when it is not

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

12 (b) SELECTED RESERVE PROGRAM.—Section

13 3012(a)(1) is amended—

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

15 (A);

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

17 (B); and

18 (3) by adding at the end the following new sub19 paragraph:

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

21 for educational assistance under chapter 34 of

22 this title and—

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

24 19, 1984;
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1 ‘‘(ii) reenlists or reenters on a period

2 of active duty on or after October 19, 1984;

3 and

4 ‘‘(iii) on or after July 1, 1985—

5 ‘‘(I) serves at least two years of

6 continuous active duty in the Armed

7 Forces, subject to subsection (b) of this

8 section, characterized by the Secretary

9 concerned as honorable service; and

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

11 this section and beginning within one

12 year after completion of such two years

13 of service, serves at least four contin14 uous years in the Selected Reserve dur15 ing which the individual participates

16 satisfactorily in training as prescribed

17 by the Secretary concerned;’’.

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

19 is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘and’’ at the end of para22 graph (1);

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

24 paragraph (2) and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 paragraph:

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

4 entitled to such assistance under section

5 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the

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

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

8 3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting ‘‘sec9 tion 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or

10 3012(a)(1)(C)’’.

11 SEC. 106. INCREASE IN MAXIMUM ALLOWABLE ANNUAL

12 SENIOR ROTC EDUCATIONAL ASSISTANCE

13 FOR ELIGIBILITY FOR BENEFITS UNDER THE

14 MONTGOMERY GI BILL.

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

16 3012(d)(3)(B) are each amended by striking ‘‘$2,000’’ and

17 inserting ‘‘$3,400’’.

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall apply with respect to educational assist20 ance allowances paid under chapter 30 of title 38, United

21 States Code, for months beginning after the date of the en22 actment of this Act.
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1 SEC. 107. EXPANSION OF WORK-STUDY OPPORTUNITIES.

2 (a) FIVE-YEAR EXPANSION OF QUALIFYING WORK3 STUDY ACTIVITIES.—Subsection (a) of section 3485 is

4 amended to read as follows:

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

6 subsection (b) shall be paid an additional educational as7 sistance allowance (hereinafter in this section referred to

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

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

10 described in paragraph (3).

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

12 amount equal to the product of—

13 ‘‘(A) the applicable hourly minimum wage; and

14 ‘‘(B) the number of hours worked during the ap15 plicable period.

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

17 agreement of an individual to perform services, during or

18 between periods of enrollment, aggregating not more than

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

20 in the semester or other applicable enrollment period, re21 quired in connection with a qualifying work-study activity.

22 ‘‘(4) For the purposes of this section, the term ‘quali23 fying work-study activity’ means any of the following:

24 ‘‘(A) The outreach services program under sub25 chapter II of chapter 77 of this title as carried out

26 under the supervision of a Department employee or,
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1 during the five-year period beginning on the date of

2 the enactment of the Veterans Education and Benefits

3 Expansion Act of 2001, outreach services to

4 servicemembers and veterans furnished by employees

5 of a State approving agency.

6 ‘‘(B) The preparation and processing of nec7 essary papers and other documents at educational in8 stitutions or regional offices or facilities of the De9 partment.

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

11 care and medical treatment under chapter 17 of this

12 title, including, during the five-year period beginning

13 on the date of the enactment of the Veterans Edu14 cation and Benefits Expansion Act of 2001, the provi15 sion of such care to veterans in a State home for

16 which payment is made under section 1741 of this

17 title.

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

19 Secretary determines appropriate.

20 ‘‘(E) In the case of an individual who is receiv21 ing educational assistance under chapter 1606 of title

22 10, an activity relating to the administration of that

23 chapter at Department of Defense, Coast Guard, or

24 National Guard facilities.
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1 ‘‘(F) During the five-year period beginning on

2 the date of the enactment of the Veterans Education

3 and Benefits Expansion Act of 2001, an activity re4 lating to the administration of a national cemetery or

5 a State veterans’ cemetery.

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

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

8 to 40 percent of the total amount of the work-study allow9 ance agreed to be paid under the agreement in return for

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

11 of work specified in the agreement (but not more than an

12 amount equal to 50 times the applicable hourly minimum

13 wage).

14 ‘‘(6) For the purposes of this subsection and subsection

15 (e), the term ‘applicable hourly minimum wages’ means—

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

17 6(a) of the Fair Labor Standards Act of 1938 (29

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

19 ‘‘(B) the hourly minimum wage under com20 parable law of the State in which the services are to

21 be performed, if such wage is higher than the wage re22 ferred to in subparagraph (A) and the Secretary has

23 made a determination to pay such higher wage.’’.

24 (b) EFFECTIVE DATE.—The amendment made by this

25 section shall apply with respect to agreements entered into
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1 under section 3485 of title 38, United States Code, on or

2 after the date of the enactment of this Act.

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

4 EDUCATIONAL ASSISTANCE OF SPOUSES AND

5 SURVIVING SPOUSES OF VETERANS WITH

6 TOTAL SERVICE-CONNECTED DISABILITIES.

7 (a) DESIGNATION OF ELIGIBILITY.—Section

8 3501(a)(1)(D) is amended—

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

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

11 (b) RESTATEMENT AND EXPANSION OF TREATMENT OF

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

13 adding at the end the following new subsection:

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

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

16 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be de17 ducted from any entitlement to which such person may sub18 sequently be entitled under this chapter.’’.

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

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

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

22 ‘‘In no event may the aggregate educational assistance af23 forded to a spouse made eligible under both

24 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed

25 45 months.’’.
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1 (2) Paragraph (1) of section 3512(b) is amended to

2 read as follows:

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

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

5 3501(a)(1) of this title may be afforded educational assist6 ance under this chapter during the 10-year period begin7 ning on the date (as determined by the Secretary) the per8 son becomes an eligible person within the meaning of sec9 tion 3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii)

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

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

12 year period may not be reduced by any earlier period dur13 ing which the person was eligible for educational assistance

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

15 of that section.

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

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

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

19 10-year period than would otherwise be applicable to the

20 person under that subparagraph. The beginning date so

21 elected may be any date between the beginning date deter22 mined for the person under subparagraph (A) and which23 ever of the following dates applies:

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

25 veteran from whom eligibility is derived that the vet-
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1 eran has a service-connected total disability perma2 nent in nature.

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

4 that the veteran from whom eligibility is derived died

5 of a service-connected disability.’’.

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

7 paragraph (3).

8 (4) The amendments made by this subsection shall

9 apply with respect to any determination (whether adminis10 trative or judicial) of the eligibility of a spouse or surviving

11 spouse for educational assistance under chapter 35 of title

12 38, United States Code, made on or after the date of the

13 enactment of this Act, whether pursuant to an original

14 claim for such assistance or pursuant to a reapplication

15 or attempt to reopen or readjudicate a claim for such assist16 ance.

17 SEC. 109. EXPANSION OF SPECIAL RESTORATIVE TRAINING

18 BENEFIT TO CERTAIN DISABLED SPOUSES OR

19 SURVIVING SPOUSES.

20 (a) IN GENERAL.—Section 3540 is amended by strik21 ing ‘‘section 3501(a)(1)(A) of this title’’ and inserting ‘‘sub22 paragraphs (A), (B), and (D) of section 3501(a)(1) of this

23 title’’.
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1 (b) CONFORMING AMENDMENTS.—(1) Section 3541(a)

2 is amended in the matter preceding paragraph (1) by strik3 ing ‘‘of the parent or guardian’’.

4 (2) Section 3542(a) is amended—

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

6 entitled to receive on behalf of such person’’ and in7 serting ‘‘the eligible person shall be entitled to re8 ceive’’; and

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

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

11 election by the eligible person’’.

12 (3) The second sentence of section 3543(a) is amended

13 by striking ‘‘the parent or guardian for the training pro14 vided to an eligible person’’ and inserting ‘‘for the training

15 provided to the eligible person’’.

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

17 following new subsection:

18 ‘‘(c) In a case in which the Secretary authorizes train19 ing under section 3541(a) of this title on behalf of an eligi20 ble person, the parent or guardian shall be entitled—

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

22 special training allowance provided for under section

23 3542(a) of this title;

24 ‘‘(2) to elect an increase in the basic monthly al25 lowance provided for under such section; and
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1 ‘‘(3) to agree with the Secretary on the fair and

2 reasonable amounts which may be charged under sub3 section (a).’’.

4 SEC. 110. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY

5 ENTITIES IN DEFINITION OF EDUCATIONAL

6 INSTITUTION.

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

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

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

10 meets such requirements as the Secretary may establish)

11 that offers, either directly or under an agreement with an12 other entity (that meets such requirements), a course or

13 courses to fulfill requirements for the attainment of a license

14 or certificate generally recognized as necessary to obtain,

15 maintain, or advance in employment in a profession or vo16 cation in a high technology occupation (as determined by

17 the Secretary).’’.

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall apply to enrollments in courses beginning

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

21 SEC. 111. DISTANCE EDUCATION.

22 (a) IN GENERAL.—Subsection (a)(4) of section 3680A

23 is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘leading’’; and
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1 (2) by inserting before the period the following:

2 ‘‘, or (B) to a certificate that reflects educational at3 tainment offered by an institution of higher learn4 ing’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall apply to enrollments in independent study

7 courses beginning on or after the date of the enactment of

8 this Act.

9 TITLE II—COMPENSATION AND

10 PENSION PROVISIONS

11 SEC. 201. MODIFICATION AND EXTENSION OF AUTHORITIES

12 ON PRESUMPTION OF SERVICE-CONNECTION

13 FOR HERBICIDE-RELATED DISABILITIES OF

14 VIETNAM VETERANS.

15 (a) PRESUMPTIVE PERIOD FOR RESPIRATORY CAN16 CERS.—(1)(A) Subparagraph (F) of subsection (a)(2) of

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

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

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

20 take effect January 1, 2002.

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

22 a contract with the National Academy of Sciences, not later

23 than six months after the date of the enactment of this Act,

24 for the performance of a study to include a review of all

25 available scientific literature on the effects of exposure to
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1 an herbicide agent containing dioxin on the development

2 of respiratory cancers in humans and whether it is possible

3 to identify a period of time after exposure to herbicides after

4 which a presumption of service-connection for such exposure

5 would not be warranted. Under the contract, the National

6 Academy of Sciences shall submit a report to the Secretary

7 setting forth its conclusions. The report shall be submitted

8 not later than 18 months after the contract is entered into.

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

10 of the receipt of the report of the National Academy of

11 Sciences under paragraph (2), the Secretary may, if war12 ranted by clear scientific evidence presented in the National

13 Academy of Sciences report, initiate a rulemaking under

14 which the Secretary would specify a limit on the number

15 of years after a claimant’s departure from Vietnam after

16 which respiratory cancers would not be presumed to have

17 been associated with the claimant’s exposure to herbicides

18 while serving in Vietnam. Any such limit under such a rule

19 may not take effect until 120 days have passed after the

20 publication of a final rule to impose such a limit.

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

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

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

24 the effective date of that limit.
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1 (B) In the case of any veteran whose disability or

2 death due to respiratory cancer is found by the Secretary

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

4 38, United States Code, as amended by paragraph (1), such

5 disability or death shall remain service-connected for pur6 poses of all provisions of law under such title notwith7 standing the imposition, if any, of a time limit by the Sec8 retary by rulemaking authorized under paragraph (3).

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

10 which—

11 (i) the original award of compensation or service

12 connection was based on fraud; or

13 (ii) it is clearly shown from military records

14 that the person concerned did not have the requisite

15 service or character of discharge.

16 (b) PRESUMPTION THAT DIABETES MELLITUS (TYPE

17 2) IS SERVICE-CONNECTED.—Subsection (a)(2) of section

18 1116 is further amended by adding at the end the following

19 new subparagraph:

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

21 (c) PRESUMPTION OF EXPOSURE TO HERBICIDE

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

23 1116 is further amended—
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1 (A) by transferring paragraph (3) of subsection

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

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

4 (B) by redesignating paragraph (4) of subsection

5 (a) as paragraph (3); and

6 (C) in subsection (f), as transferred and redesig7 nated by subparagraph (A) of this paragraph—

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

9 subsection, a veteran’’ and inserting ‘‘For pur10 poses of establishing service connection for a dis11 ability or death resulting from exposure to a her12 bicide agent, including a presumption of service13 connection under this section, a veteran’’; and

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

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

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

17 as follows:

18 ‘‘§ 1116. Presumptions of service connection for dis19 eases associated with exposure to certain

20 herbicide agents; presumption of exposure

21 for veterans who served in the Republic of

22 Vietnam’’.

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

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

25 as follows:
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‘‘1116. Presumptions of service connection for diseases associated with exposure to

certain herbicide agents; presumption of exposure for veterans

who served in the Republic of Vietnam.’’.

1 (d) EXTENSION OF AUTHORITY TO PRESUME SERV2 ICE-CONNECTION FOR ADDITIONAL DISEASES.—(1) Sub3 section (e) of such section is amended by striking ‘‘10 years’’

4 and all that follows through ‘‘Agent Orange Act of 1991’’

5 and inserting ‘‘on September 30, 2015’’.

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

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

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

9 SEC. 202. PAYMENT OF COMPENSATION FOR PERSIAN GULF

10 WAR VETERANS WITH CERTAIN CHRONIC DIS11 ABILITIES.

12 (a) ILLNESSES THAT CANNOT BE CLEARLY DE13 FINED.—(1) Subsection (a) of section 1117 is amended to

14 read as follows:

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

16 this subchapter to a Persian Gulf veteran with a qualifying

17 chronic disability that became manifest—

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

19 Forces in the Southwest Asia theater of operations

20 during the Persian Gulf War; or

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

22 the presumptive period prescribed under subsection

23 (b).
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1 ‘‘(2) For purposes of this subsection, the term ‘quali2 fying chronic disability’ means a chronic disability result3 ing from any of the following (or any combination of any

4 of the following):

5 ‘‘(A) An undiagnosed illness.

6 ‘‘(B) A medically unexplained chronic multi7 symptom illness (such as chronic fatigue syndrome,

8 fibromyalgia, and irritable bowel syndrome) that is

9 defined by a cluster of signs or symptoms.

10 ‘‘(C) Any diagnosed illness that the Secretary de11 termines in regulations prescribed under subsection

12 (d) warrants a presumption of service-connection.’’.

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

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

15 by striking ‘‘for an undiagnosed illness (or combina16 tion of undiagnosed illnesses)’’; and

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

18 illness (or combination of illnesses)’’.

19 (b) SIGNS OR SYMPTOMS THAT MAY INDICATE

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

21 amended by adding at the end the following new subsection:

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

23 that may be a manifestation of an undiagnosed illness or

24 a chronic multisymptom illness include 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) Neurological signs and symptoms.

7 ‘‘(7) Neuropsychological signs or symptoms.

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

9 lower respiratory system.

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

16 the following new paragraph:

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

18 that may be a manifestation of an undiagnosed illness in19 clude the signs and symptoms listed in section 1117(g) of

20 this title.’’.

21 (c) EFFECTIVE DATE.—The amendments made by sub22 sections (a) and (b) shall take effect on March 1, 2002.

23 (d) CLARIFICATION OF AUTHORITY TO PRESUME

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

25 Sections 1117(c)(2) and 1118(e) are each amended by strik-
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1 ing ‘‘10 years’’ and all that follows through ‘‘of 1998’’ and

2 inserting ‘‘on September 30, 2011’’.

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

4 Act of 1998 (38 U.S.C. 1117 note) is amended by striking

5 ‘‘10 years’’ and all that follows and inserting ‘‘on October

6 1, 2010.’’.

7 SEC. 203. PRESERVATION OF SERVICE CONNECTION FOR

8 UNDIAGNOSED ILLNESSES TO PROVIDE FOR

9 PARTICIPATION IN RESEARCH PROJECTS BY

10 PERSIAN GULF WAR VETERANS.

11 (a) AUTHORITY FOR SECRETARY TO PROVIDE FOR

12 PARTICIPATION WITHOUT LOSS OF BENEFITS.—Section

13 1117 is amended by adding after subsection (g), as added

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

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

16 medical research project sponsored by the Department that

17 it is necessary for the conduct of the project that Persian

18 Gulf veterans in receipt of compensation under this section

19 or section 1118 of this title participate in the project with20 out the possibility of loss of service connection under either

21 such section, the Secretary shall provide that service connec22 tion granted under either such section for disability of a

23 veteran who participated in the research project may not

24 be terminated. Except as provided in paragraph (2),

25 nothwithstanding any other provision of law any grant of
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1 service-connection protected under this subsection shall re2 main service-connected for purposes of all provisions of law

3 under this title.

4 ‘‘(2) Paragraph (1) does not apply in a case in

5 which—

6 ‘‘(A) the original award of compensation or serv7 ice connection was based on fraud; or

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

9 that the person concerned did not have the requisite

10 service or character of discharge.

11 ‘‘(3) The Secretary shall publish in the Federal Reg12 ister a list of medical research projects sponsored by the

13 Department for which service connection granted under this

14 section or section 1118 of this title may not be terminated

15 pursuant to paragraph (1).’’.

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

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

18 Code, as added by subsection (a), may be used by the Sec19 retary of Veterans Affairs with respect to any medical re20 search project of the Department of Veterans Affairs, wheth21 er commenced before, on, or after the date of the enactment

22 of this Act.
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1 SEC. 204. 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. 205. EXTENSION OF ROUND-DOWN REQUIREMENT FOR

13 COMPENSATION COST-OF-LIVING ADJUST14 MENTS.

15 Sections 1104(a) and 1303(a) are amended by striking

16 ‘‘2002’’ and inserting ‘‘2011’’.

17 SEC. 206. EXPANSION OF PRESUMPTIONS OF PERMANENT

18 AND TOTAL DISABILITY FOR VETERANS AP19 PLYING FOR NONSERVICE-CONNECTED PEN20 SION.

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

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

23 end of the subsection and inserting the following: ‘‘such per24 son is any of the following:

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

26 care because of disability.
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1 ‘‘(2) Disabled, as determined by the Commis2 sioner of Social Security for purposes of any benefits

3 administered by the Commissioner.

4 ‘‘(3) Unemployable as a result of disability rea5 sonably certain to continue throughout the life of the

6 person.

7 ‘‘(4) Suffering from—

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

9 render it impossible for the average person to fol10 low a substantially gainful occupation, but only

11 if it is reasonably certain that such disability

12 will continue throughout the life of the person; or

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

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

15 to justify a determination that persons suffering

16 therefrom are permanently and totally dis17 abled.’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect as of September 17, 2001.

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

21 OLDER FOR VETERANS’ PENSION BENEFITS.

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

23 amended by inserting after section 1512 the following new

24 section:
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1 ‘‘§ 1513. Veterans 65 years of age and older

2 ‘‘(a) The Secretary shall pay to each veteran of a pe3 riod of war who is 65 years of age or older and who meets

4 the service requirements of section 1521 of this title (as pre5 scribed in subsection (j) of that section) pension at the rates

6 prescribed by 1521 of this title and under the conditions

7 (other than the permanent and total disability requirement)

8 applicable to pension paid under that section.

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

10 section and section 1521 of this title, pension shall be paid

11 to the veteran only under section 1521 of this title.’’.

12 (2) The table of sections at the beginning of such chap13 ter is amended by inserting after the item relating to section

14 1512 the following new item:

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

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

16 1521(f)(1) is amended by inserting ‘‘or the age and service

17 requirements prescribed in section 1513 of this title,’’ after

18 ‘‘of this section,’’.

19 (2) Section 1522(a) is amended by inserting ‘‘1513 or’’

20 after ‘‘under section’’.

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

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

2 OUTREACH PROVISIONS

3 SEC. 301. AUTHORITY TO ESTABLISH OVERSEAS VETERANS

4 ASSISTANCE OFFICES TO EXPAND TRANSI5 TION ASSISTANCE.

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

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

8 maintain such offices on such military installations located

9 elsewhere as the Secretary, after consultation with the Sec10 retary of Defense, determines to be necessary to carry out

11 such purposes.’’.

12 SEC. 302. TIMING OF PRESEPARATION COUNSELING.

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

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

15 read as follows: ‘‘Within the time periods specified in para16 graph (3), the Secretary concerned shall (except as provided

17 in paragraph (4)) provide for individual preseparation

18 counseling of each member of the armed forces whose dis19 charge or release from active duty is anticipated as of a

20 specific date.’’.

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

22 end the following new paragraphs:

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

24 preseparation counseling shall commence as soon as possible

25 during the 24-month period preceding the anticipated re-
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1 tirement date. In the case of a separation other than a re2 tirement, preseparation counseling shall commence as soon

3 as possible during the 12-month period preceding the an4 ticipated date. Except as provided in subparagraph (B), in

5 no event shall preseparation counseling commence later

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

7 ‘‘(B) In the event that a retirement or other separation

8 is unanticipated until there are 90 or fewer days before the

9 anticipated retirement or separation date, preseparation

10 counseling shall begin as soon as possible within the re11 maining period of service.

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

13 concerned shall not provide preseparation counseling to a

14 member who is being discharged or released before the com15 pletion of that member’s first 180 days of active duty.

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

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

19 (b) CONFORMING AMENDMENT.—The second sentence

20 of section 1144(a)(1) of title 10, United States Code, is

21 amended by striking ‘‘during the 180-day period’’ and all

22 that follows and inserting ‘‘within the time periods pro23 vided under paragraph (3) of section 1142(a) of this title,

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

3 SEC. 303. IMPROVEMENT IN EDUCATION AND TRAINING

4 OUTREACH SERVICES FOR SEPARATING

5 SERVICEMEMBERS AND VETERANS.

6 (a) PROVIDING OUTREACH THROUGH STATE APPROV7 ING AGENCIES.—Section 3672(d) is amended by inserting

8 ‘‘and State approving agencies’’ before ‘‘shall actively pro9 mote the development of programs of training on the job’’.

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

11 amended—

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

13 (2) by adding at the end the following new para14 graph:

15 ‘‘(2) In conjunction with outreach services provided by

16 the Secretary under chapter 77 of this title for education

17 and training benefits, each State approving agency shall

18 conduct outreach programs and provide outreach services

19 to eligible persons and veterans about education and train20 ing benefits available under applicable Federal and State

21 law.’’.

22 SEC. 304. IMPROVEMENT OF VETERANS OUTREACH PRO23 GRAMS.

24 Section 7722(c) is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
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1 (2) by adding at the end the following:

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

3 any benefit under laws administered by the Secretary (in4 cluding a request for burial or related benefits or an appli5 cation for life insurance proceeds), the Secretary shall pro6 vide to the veteran or dependent information concerning

7 benefits and health care services under programs adminis8 tered by the Secretary. Such information shall be provided

9 not later than three months after the date of such applica10 tion.’’.

11 TITLE IV—HOUSING MATTERS

12 SEC. 401. INCREASE IN HOME LOAN GUARANTY AMOUNT

13 FOR CONSTRUCTION AND PURCHASE OF

14 HOMES.

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

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

17 and inserting ‘‘$60,000’’.

18 SEC. 402. NATIVE AMERICAN VETERAN HOUSING LOAN

19 PILOT PROGRAM.

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

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

22 ‘‘December 31, 2005’’.

23 (b) AUTHORIZATION OF THE USE OF CERTAIN FED24 ERAL MEMORANDUMS OF UNDERSTANDING.—Section

25 3762(a)(1) is amended—
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1 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’;

2 (2) by striking ‘‘and’’ after the semicolon and in3 serting ‘‘or’’; and

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

5 ‘‘(B) the tribal organization that has jurisdiction

6 over the veteran has entered into a memorandum of

7 understanding with any department or agency of the

8 United States with respect to direct housing loans to

9 Native Americans that the Secretary determines sub10 stantially complies with the requirements of sub11 section (b); and’’.

12 (c) EXTENSION OF ANNUAL REPORT.—Section 3762(j)

13 is amended by striking ‘‘2002’’ and inserting ‘‘2006’’.

14 SEC. 403. MODIFICATION OF LOAN ASSUMPTION NOTICE

15 REQUIREMENT.

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

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

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

19 regulation, that at least one instrument evidencing either

20 the loan or the mortgage or deed of trust therefor, shall con21 spicuously contain, in such form as the Secretary shall

22 specify, a notice in substantially the following form: ‘This

23 loan is not assumable without the approval of the Depart24 ment of Veterans Affairs or its authorized agent’.’’.
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1 SEC. 404. INCREASE IN ASSISTANCE AMOUNT FOR SPE2 CIALLY ADAPTED HOUSING.

3 Section 2102 is amended—

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

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

6 ‘‘$48,000’’; and

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

8 and inserting ‘‘$9,250’’.

9 SEC. 405. EXTENSION OF OTHER HOUSING AUTHORITIES.

10 (a) HOUSING LOANS FOR MEMBERS OF THE SE11 LECTED RESERVE.—Section 3702(a)(2)(E) is amended by

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

13 30, 2009’’.

14 (b) ENHANCED LOAN ASSET SALE AUTHORITY.—Sec15 tion 3720(h)(2) is amended by striking ‘‘December 31,

16 2008’’ and inserting ‘‘December 31, 2011’’.

17 (c) HOME LOAN FEE AUTHORITIES.—The table in sec18 tion 3729(b)(2) is amended by striking ‘‘October 1, 2008’’

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

20 (d) PROCEDURES APPLICABLE TO LIQUIDATION SALES

21 ON DEFAULTED HOME LOANS GUARANTEED BY THE DE22 PARTMENT OF VETERANS AFFAIRS.—Section 3732(c)(11) is

23 amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc24 tober 1, 2011’’.
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1 SEC. 406. CLARIFYING AMENDMENT RELATING TO ELIGI2 BILITY OF MEMBERS OF THE SELECTED RE3 SERVE FOR HOUSING LOANS.

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

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

6 3702(a)(2)(E) of this title’’.

7 TITLE V—OTHER MATTERS

8 SEC. 501. INCREASE IN BURIAL BENEFITS.

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

10 of section 2307 is amended by striking ‘‘$1,500’’ and insert11 ing ‘‘$2,000’’.

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

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

14 (b) PLOT ALLOWANCE.—(1) Section 2303(b) is amend15 ed by striking ‘‘$150’’ each place it appears and inserting

16 ‘‘$300’’.

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

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

19 SEC. 502. GOVERNMENT MARKERS FOR MARKED GRAVES AT

20 PRIVATE CEMETERIES.

21 (a) GOVERNMENT MARKER BENEFIT.—Section 2306 of

22 title 38, United States Code, is amended—

23 (1) by redesignating subsections (d) and (e) as

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

25 (2) by inserting after subsection (c) the following

26 new subsection (d):
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1 ‘‘(d)(1) The Secretary shall furnish, when requested,

2 an appropriate Government marker at the expense of the

3 United States for the grave of an individual described in

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

5 private cemetery, notwithstanding that the grave is marked

6 by a headstone or marker furnished at private expense.

7 Such a marker may be furnished only if the individual

8 making the request for the Government marker certifies to

9 the Secretary that the marker will be placed on the grave

10 for which the marker is requested.

11 ‘‘(2) Any marker furnished under this subsection shall

12 be delivered by the Secretary directly to the cemetery where

13 the grave is located.

14 ‘‘(3) The authority to furnish a marker under this sub15 section expires on December 31, 2006.

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

17 shall submit to the Committees on Veterans’ Affairs of the

18 Senate and House of Representatives a report on the use

19 of the authority under this subsection. The report shall in20 clude the following:

21 ‘‘(A) The rate of use of the benefit under this

22 subsection, shown by fiscal year.

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

24 markers furnished under this subsection are being de-
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1 livered to cemeteries and placed on grave sites con2 sistent with the provisions of this subsection.

3 ‘‘(C) The Secretary’s recommendation for exten4 sion or repeal of the expiration date specified in

5 paragraph (3).’’.

6 (b) DESIGN OF MARKER.—Subsection (c) of such sec7 tion is amended by striking ‘‘subsection (a) or (b)’’ and in8 serting ‘‘subsection (a), (b), or (d)’’.

9 (c) CROSS REFERENCE CORRECTION.—Subsection

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

11 and inserting ‘‘chapter 1223’’.

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

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

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

15 the enactment of this Act.

16 SEC. 503. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTO17 MOBILE AND ADAPTIVE EQUIPMENT FOR

18 CERTAIN DISABLED VETERANS.

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

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

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

4 Paragraph (7) of subsection (d) of section 5503, as re5 designated by section 204(a), is amended by striking ‘‘Sep6 tember 30, 2008’’ and inserting ‘‘September 30, 2011’’.

7 SEC. 505. PROHIBITION ON PROVISION OF CERTAIN BENE8 FITS WITH RESPECT TO PERSONS WHO ARE

9 FUGITIVE FELONS.

10 (a) PROHIBITION.—(1) Chapter 53 is amended by in11 serting after section 5313A the following new section:

12 ‘‘§ 5313B. Prohibition on providing certain benefits

13 with respect to persons who are fugitive

14 felons

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

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

17 provided such benefit for any period during which such vet18 eran is a fugitive felon. A dependent of a veteran who is

19 otherwise eligible for a benefit specified in subsection (c)

20 may not be paid or otherwise provided such benefit for any

21 period during which such veteran or such dependent is a

22 fugitive felon.

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

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

25 who is a fugitive by reason of—
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1 ‘‘(A) fleeing to avoid prosecution, or custody

2 or confinement after conviction, for an offense, or

3 an attempt to commit an offense, which is a fel4 ony under the laws of the place from which the

5 person flees; or

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

7 parole imposed for commission of a felony under

8 Federal or State law.

9 ‘‘(2) The term ‘felony’ includes a high mis10 demeanor under the laws of a State which character11 izes as high misdemeanors offenses that would be fel12 ony offenses under Federal law.

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

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

16 under any of the following:

17 ‘‘(1) Chapter 11 of this title.

18 ‘‘(2) Chapter 13 of this title.

19 ‘‘(3) Chapter 15 of this title.

20 ‘‘(4) Chapter 17 of this title.

21 ‘‘(5) Chapter 19 of this title.

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

23 ‘‘(7) Chapter 37 of this title.

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

25 State, or local law enforcement official, upon the written
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1 request of such official, the most current address maintained

2 by the Secretary of a person who is eligible for a benefit

3 specified in subsection (c) if such official—

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

5 as the Secretary may require to fully identify the per6 son;

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

8 felon; and

9 ‘‘(C) certifies to the Secretary that apprehending

10 such person is within the official duties of such offi11 cial.

12 ‘‘(2) The Secretary shall enter into memoranda of un13 derstanding with Federal law enforcement agencies, and

14 may enter into agreements with State and local law enforce15 ment agencies, for purposes of furnishing information to

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

17 (2) The table of sections at the beginning of that chap18 ter is amended by inserting after the item relating to section

19 5313A the following new item:

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

fugitive felons.’’.

20 (b) SENSE OF CONGRESS ON ENTRY INTO MEMORANDA

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

22 Congress that the memoranda of understanding and agree23 ments referred to in section 5313B(d)(2) of title 38, United

24 States Code (as added by subsection (a)), should be entered
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1 into as soon as practicable after the date of the enactment

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

3 SEC. 506. LIMITATION ON PAYMENT OF COMPENSATION

4 FOR VETERANS REMAINING INCARCERATED

5 SINCE OCTOBER 7, 1980.

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

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

8 apply with respect to the payment of compensation to or

9 with respect to any veteran described in subsection (b).

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

11 subsection is a veteran who is entitled to compensation and

12 who—

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

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

15 committed before that date; and

16 (2) remains so incarcerated for conviction of that

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

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

19 respect to the payment of compensation for months begin20 ning on or after the end of the 90-day period beginning

21 on the date of the enactment of this Act.

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

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

24 that term in section 5313 of title 38, United States Code.
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1 SEC. 507. ELIMINATION OF REQUIREMENT FOR PROVIDING

2 A COPY OF NOTICE OF APPEAL TO THE SEC3 RETARY OF VETERANS AFFAIRS.

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

5 subsection (b).

6 (b) CONFORMING AMENDMENTS.—Such section is fur7 ther amended—

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

9 (2) by redesignating paragraph (2) as subsection

10 (b);

11 (3) by redesignating paragraph (3) as subsection

12 (c) and redesignating subparagraphs (A) and (B)

13 thereof as paragraphs (1) and (2); and

14 (4) by redesignating paragraph (4) as subsection

15 (d) and by striking ‘‘paragraph (3)(B)’’ therein and

16 inserting ‘‘subsection (c)(2)’’.

17 SEC. 508. INCREASE IN FISCAL YEAR LIMITATION ON NUM18 BER OF VETERANS IN PROGRAMS OF INDE19 PENDENT LIVING SERVICES AND ASSIST20 ANCE.

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

22 amended by striking ‘‘five hundred’’ and inserting ‘‘2,500’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect as of September 30, 2001.
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1 SEC. 509. TECHNICAL AND CLERICAL AMENDMENTS.

2 (a) REPEAL OF EXPIRED PROVISION.—(1) Section 712

3 is repealed.

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

5 7 is amended by striking the item relating to section 712.

6 (b) CORRECTION OF WORD OMISSION.—Section

7 1710B(c)(2)(B) is amended by inserting ‘‘on’’ before ‘‘No8 vember 30, 1999’’.

9 (c) REPEAL OF ERRONEOUS CROSS REFERENCE.—

10 Section 1729B(b) is amended—

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

12 (2) by redesignating paragraphs (2), (3), and (4)

13 as paragraphs (1), (2), and (3), respectively.

14 (d) CORRECTION OF CROSS REFERENCE.—Section

15 3695(a)(5) is amended by striking ‘‘1610’’ and inserting

16 ‘‘1611’’.

17 (e) STYLISTIC CORRECTION.—Section 1001(a)(2) of

18 the Veterans’ Benefits Improvements Act of 1994 (Public

19 Law 103–446; 38 U.S.C. 7721 note) is amended by striking

20 ‘‘and’’ at the end of subparagraph (C).

21 (f) CORRECTION OF PREVIOUS AMENDMENT.—Effec22 tive November 30, 1999, and as if included therein as origi23 nally enacted, section 204(e)(3) of the Veterans Millennium

24 Health Care and Benefits Act (Public Law 106–117; 113

25 Stat. 1563) is amended by striking ‘‘and inserting ‘a’;’’ and

26 inserting ‘‘the first place it appears and inserting ‘an’;’’.
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1 TITLE VI—UNITED STATES

2 COURT OF APPEALS FOR VET3 ERANS CLAIMS

4 SEC. 601. FACILITATION OF STAGGERED TERMS OF JUDGES

5 THROUGH TEMPORARY EXPANSION OF THE

6 COURT.

7 (a) IN GENERAL.—Section 7253 is amended by adding

8 at the end the following new subsection:

9 ‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) During

10 the period from January 1, 2002, through August 15, 2005,

11 the authorized number of judges of the Court specified in

12 subsection (a) is increased by two.

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

14 subsection—

15 ‘‘(i) only one may be appointed pursuant to a

16 nomination made in 2002; and

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

18 nomination made in 2003.

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

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

21 appointed under this subsection pursuant to a nomination

22 made in 2004. If a judge is not appointed under this sub23 section pursuant to a nomination made in 2003, a judge

24 may be appointed under this subsection pursuant to a nom25 ination made in 2004. In either case, such an appointment
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1 may be made only pursuant to a nomination made before

2 October 1, 2004.

3 ‘‘(3) The term of office and the eligibility for retire4 ment of a judge appointed under this subsection, other than

5 a judge described in paragraph (4), are governed by the

6 provisions of section 1012 of the Court of Appeals for Vet7 erans Claims Amendments of 1999 (title X of Public Law

8 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge

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

10 November 30, 1999.

11 ‘‘(4) A judge of the Court as of the date of the enact12 ment of this subsection who was appointed to the Court be13 fore January 1, 1991, may accept appointment as a judge

14 of the Court under this subsection notwithstanding that the

15 term of office of the judge on the Court has not yet expired

16 under this section. The term of office of an incumbent judge

17 who receives an appointment as described in the preceding

18 sentence shall be 15 years, which includes any period re19 maining in the unexpired term of the judge. Any service

20 following an appointment under this subsection shall be

21 treated as though served as part of the original term of office

22 of that judge on the Court.

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

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

25 result in there being more than seven judges on the Court
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1 who were appointed after January 1, 1997. For the pur2 poses of this paragraph, a judge serving in recall status

3 under section 7257 of this title shall be disregarded in

4 counting the number of judges appointed to the Court after

5 such date.’’.

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

7 amended—

8 (1) in subsection (b), by inserting ‘‘APPOINT9 MENT.—’’ before ‘‘The judges’’;

10 (2) in subsection (c), by inserting ‘‘TERM OF OF11 FICE.—’’ before ‘‘The term’’;

12 (3) in subsection (f), by striking ‘‘(f)(1)’’ and in13 serting ‘‘(f) REMOVAL.—(1)’’; and

14 (4) in subsection (g), by striking ‘‘(g)(1)’’ and

15 inserting ‘‘(g) RULES.—(1)’.

16 SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE

17 REGARDING ACCEPTANCE OF REAPPOINT18 MENT AS CONDITION TO RETIREMENT FROM

19 THE COURT.

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

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

2 JURISDICTIONAL REQUIREMENT FOR THE

3 COURT.

4 (a) TERMINATION.—Section 402 of the Veterans’ Judi5 cial Review Act (division A of Public Law 100–687; 102

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

7 (b) ATTORNEY FEES.—Section 403 of the Veterans’ Ju8 dicial Review Act (102 Stat. 4122; 38 U.S.C. 5904 note)

9 is repealed.

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

11 not be construed to confer upon the United States Court

12 of Appeals for Veterans Claims jurisdiction over any appeal

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

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

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

16 (a) and (b) shall apply to any appeal filed with the United

17 States Court of Appeals for Veterans Claims—

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

19 Act; or

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

21 but in which a final decision has not been made

22 under section 7291 of title 38, United States Code, as

23 of that date.

24 SEC. 604. REGISTRATION FEES.

25 (a) FEES FOR COURT-SPONSORED ACTIVITIES.—Sub26 section (a) of section 7285 is amended by adding at the
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1 end the following new sentence: ‘‘The Court may also impose

2 a registration fee on persons (other than judges of the Court)

3 participating at judicial conferences convened pursuant to

4 section 7286 of this title or in any other court-sponsored

5 activity.’’.

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

7 amended by striking ‘‘for the purposes of (1)’’ and all that

8 follows through the period and inserting ‘‘for the following

9 purposes:

10 ‘‘(1) Conducting investigations and proceedings,

11 including employing independent counsel, to pursue

12 disciplinary matters.

13 ‘‘(2) Defraying the expenses of—

14 ‘‘(A) judicial conferences convened pursuant

15 to section 7286 of this title; and

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

17 Court that are intended to support and foster

18 communication and relationships between the

19 Court and persons practicing before the Court or

20 the study, understanding, public commemora21 tion, or improvement of veterans law or of the

22 work of the Court.’’.

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

24 such section is amended to read as follows:
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1 ‘‘§ 7285. Practice and registration fees’’.

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

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

4 as follows:

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

5 SEC. 605. ADMINISTRATIVE AUTHORITIES.

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

7 amended by inserting after section 7286 the following new

8 section:

9 ‘‘§ 7287. Administration

10 ‘‘Notwithstanding any other provision of law, the

11 Court of Appeals for Veterans Claims may exercise, for pur12 poses of management, administration, and expenditure of

13 funds of the Court, the authorities provided for such pur14 poses by any provision of law (including any limitation

15 with respect to such provision of law) applicable to a court

16 of the United States (as that term is defined in section 451

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

18 is inconsistent with a provision of this chapter.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by inserting after

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

‘‘7287. Administration.’’.

Attest:

Clerk.

107TH CONGRESS

1ST SESSION H.R. 1291

HOUSE AMENDMENT TO

SENATE AMENDMENTS