H. R. 1291—13
(b) PRESUMPTION
THAT
DIABETES
MELLITUS
(TYPE
2)
IS
SERVICE-CONNECTED.—Subsection (a)(2) of section 1116 is further
amended by adding at the end the following new subparagraph:
‘‘(H) Diabetes Mellitus (Type 2).’’.
(c) PRESUMPTION
OF
EXPOSURE
TO
HERBICIDE
AGENTS
IN
VIETNAM
DURING
VIETNAM
ERA.—(1) Section 1116 is further
amended—
(A) by transferring paragraph (3) of subsection (a) to the
end of the section and redesignating such paragraph, as so
transferred, as subsection (f);
(B) by redesignating paragraph (4) of subsection (a) as
paragraph (3); and
(C) in subsection (f), as transferred and redesignated by
subparagraph (A) of this paragraph—
(i) by striking ‘‘For the purposes of this subsection,
a veteran’’ and inserting ‘‘For purposes of establishing
service connection for a disability or death resulting from
exposure to a herbicide agent, including a presumption
of service-connection under this section, a veteran’’; and
(ii) by striking ‘‘and has a disease referred to in para-
graph (1)(B) of this subsection’’.
(2)(A) The heading of that section is amended to read as follows:
‘‘§ 1116. Presumptions of service connection for diseases asso-
ciated with exposure to certain herbicide agents;
presumption of exposure for veterans who served
in the Republic of Vietnam’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 11 is amended to read as follows:
‘‘1116. Presumptions of service connection for diseases associated with exposure to
certain herbicide agents; presumption of exposure for veterans who
served in the Republic of Vietnam.’’.
(d) EXTENSION OF AUTHORITY TO PRESUME SERVICE-CONNEC-
TION FOR ADDITIONAL DISEASES.—(1) Subsection (e) of such section
is amended by striking ‘‘10 years’’ and all that follows through
‘‘Agent Orange Act of 1991’’ and inserting ‘‘on September 30, 2015’’.
(2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C.
1116 note) is amended by striking ‘‘10 years’’ and all that follows
and inserting ‘‘on October 1, 2014.’’.
SEC. 202. PAYMENT OF COMPENSATION FOR PERSIAN GULF WAR VET-
ERANS WITH CERTAIN CHRONIC DISABILITIES.
(a) ILLNESSES THAT CANNOT BE CLEARLY DEFINED.—(1) Sub-
section (a) of section 1117 is amended to read as follows:
‘‘(a)(1) The Secretary may pay compensation under this sub-
chapter to a Persian Gulf veteran with a qualifying chronic dis-
ability that became manifest—
‘‘(A) during service on active duty in the Armed Forces
in the Southwest Asia theater of operations during the Persian
Gulf War; or
‘‘(B) to a degree of 10 percent or more during the presump-
tive period prescribed under subsection (b).
‘‘(2) For purposes of this subsection, the term ‘qualifying chronic
disability’ means a chronic disability resulting from any of the
following (or any combination of any of the following):
‘‘(A) An undiagnosed illness.
H. R. 1291—14
‘‘(B) A medically unexplained chronic multisymptom illness
(such as chronic fatigue syndrome, fibromyalgia, and irritable
bowel syndrome) that is defined by a cluster of signs or symp-
toms.
‘‘(C) Any diagnosed illness that the Secretary determines
in regulations prescribed under subsection (d) warrants a
presumption of service-connection.’’.
(2) Subsection (c)(1) of such section is amended—
(A) in the matter preceding subparagraph (A), by striking
‘‘for an undiagnosed illness (or combination of undiagnosed
illnesses)’’; and
(B) in subparagraph (A), by striking ‘‘for such illness (or
combination of illnesses)’’.
(b) SIGNS OR SYMPTOMS THAT MAY INDICATE UNDIAGNOSED
ILLNESSES.—(1) Such section is further amended by adding at the
end the following new subsection:
‘‘(g) For purposes of this section, signs or symptoms that may
be a manifestation of an undiagnosed illness or a chronic multisymp-
tom illness include the following:
‘‘(1) Fatigue.
‘‘(2) Unexplained rashes or other dermatological signs or
symptoms.
‘‘(3) Headache.
‘‘(4) Muscle pain.
‘‘(5) Joint pain.
‘‘(6) Neurological signs and symptoms.
‘‘(7) Neuropsychological signs or symptoms.
‘‘(8) Signs or symptoms involving the upper or lower res-
piratory system.
‘‘(9) Sleep disturbances.
‘‘(10) Gastrointestinal signs or symptoms.
‘‘(11) Cardiovascular signs or symptoms.
‘‘(12) Abnormal weight loss.
‘‘(13) Menstrual disorders.’’.
(2) Section 1118(a) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) For purposes of this section, signs or symptoms that may
be a manifestation of an undiagnosed illness include the signs
and symptoms listed in section 1117(g) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on March 1, 2002.
(d) CLARIFICATION
OF
AUTHORITY
TO
PRESUME
SERVICE-
CONNECTION
FOR ADDITIONAL DISEASES.—(1) Sections 1117(c)(2)
and 1118(e) are each amended by striking ‘‘10 years’’ and all that
follows through ‘‘of 1998’’ and inserting ‘‘on September 30, 2011’’.
(2) Section 1603(j) of the Persian Gulf War Veterans Act of
1998 (38 U.S.C. 1117 note) is amended by striking ‘‘10 years’’
and all that follows and inserting ‘‘on October 1, 2010.’’.
SEC. 
203. 
PRESERVATION 
OF 
SERVICE 
CONNECTION 
FOR
UNDIAGNOSED ILLNESSES TO PROVIDE FOR PARTICIPA-
TION IN RESEARCH PROJECTS BY PERSIAN GULF WAR
VETERANS.
(a) AUTHORITY FOR SECRETARY TO PROVIDE FOR PARTICIPATION
WITHOUT LOSS OF BENEFITS.—Section 1117 is amended by adding
after subsection (g), as added by section 202(b), the following new
subsection:
H. R. 1291—15
‘‘(h)(1) If the Secretary determines with respect to a medical
research project sponsored by the Department that it is necessary
for the conduct of the project that Persian Gulf veterans in receipt
of compensation under this section or section 1118 of this title
participate in the project without the possibility of loss of service
connection under either such section, the Secretary shall provide
that service connection granted under either such section for dis-
ability of a veteran who participated in the research project may
not be terminated. Except as provided in paragraph (2),
nothwithstanding any other provision of law any grant of service-
connection protected under this subsection shall remain service-
connected for purposes of all provisions of law under this title.
‘‘(2) Paragraph (1) does not apply in a case in which—
‘‘(A) the original award of compensation or service connec-
tion was based on fraud; or
‘‘(B) it is clearly shown from military records that the
person concerned did not have the requisite service or character
of discharge.
‘‘(3) The Secretary shall publish in the Federal Register a
list of medical research projects sponsored by the Department for
which service connection granted under this section or section 1118
of this title may not be terminated pursuant to paragraph (1).’’.
(b) EFFECTIVE DATE.—The authority provided by subsection
(h) of section 1117 of title 38, United States Code, as added by
subsection (a), may be used by the Secretary of Veterans Affairs
with respect to any medical research project of the Department
of Veterans Affairs, whether commenced before, on, or after the
date of the enactment of this Act.
SEC. 204. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO
INCOMPETENT INSTITUTIONALIZED VETERANS.
(a) REPEAL.—Section 5503 is amended—
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (b), (c), and (d), respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 1114(r) is amended
by striking ‘‘section 5503(e)’’ and inserting ‘‘section 5503(c)’’.
(2) Section 5112 is amended by striking subsection (c).
SEC. 205. EXTENSION OF ROUND-DOWN REQUIREMENT FOR COM-
PENSATION COST-OF-LIVING ADJUSTMENTS.
Sections 1104(a) and 1303(a) are amended by striking ‘‘2002’’
and inserting ‘‘2011’’.
SEC. 206. EXPANSION OF PRESUMPTIONS OF PERMANENT AND TOTAL
DISABILITY FOR VETERANS APPLYING FOR NONSERVICE-
CONNECTED PENSION.
(a) IN GENERAL.—Section 1502(a) is amended by striking ‘‘such
a person’’ and all that follows through the end of the subsection
and inserting the following: ‘‘such person is any of the following:
‘‘(1) A patient in a nursing home for long-term care because
of disability.
‘‘(2) Disabled, as determined by the Commissioner of Social
Security for purposes of any benefits administered by the
Commissioner.
‘‘(3) Unemployable as a result of disability reasonably cer-
tain to continue throughout the life of the person.
‘‘(4) Suffering from—
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‘‘(A) any disability which is sufficient to render it
impossible for the average person to follow a substantially
gainful occupation, but only if it is reasonably certain that
such disability will continue throughout the life of the
person; or
‘‘(B) any disease or disorder determined by the Sec-
retary to be of such a nature or extent as to justify a
determination that persons suffering therefrom are perma-
nently and totally disabled.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 17, 2001.
SEC. 207. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER
FOR VETERANS’ PENSION BENEFITS.
(a) IN GENERAL.—(1) Subchapter II of chapter 15 is amended
by inserting after section 1512 the following new section:
‘‘§ 1513. Veterans 65 years of age and older
‘‘(a) The Secretary shall pay to each veteran of a period of
war who is 65 years of age or older and who meets the service
requirements of section 1521 of this title (as prescribed in subsection
(j) of that section) pension at the rates prescribed by 1521 of
this title and under the conditions (other than the permanent
and total disability requirement) applicable to pension paid under
that section.
‘‘(b) If a veteran is eligible for pension under both this section
and section 1521 of this title, pension shall be paid to the veteran
only under section 1521 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1512
the following new item:
‘‘1513. Veterans 65 years of age and older.’’.
(b) CONFORMING
AMENDMENTS.—(1) Section 1521(f)(1) is
amended by inserting ‘‘or the age and service requirements pre-
scribed in section 1513 of this title,’’ after ‘‘of this section,’’.
(2) Section 1522(a) is amended by inserting ‘‘1513 or’’ after
‘‘under section’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as of September 17, 2001.
TITLE III—TRANSITION AND OUTREACH
PROVISIONS
SEC. 301. AUTHORITY TO ESTABLISH OVERSEAS VETERANS ASSIST-
ANCE OFFICES TO EXPAND TRANSITION ASSISTANCE.
Section 7723(a) is amended by inserting after the first sentence
the following new sentence: ‘‘The Secretary may maintain such
offices on such military installations located elsewhere as the Sec-
retary, after consultation with the Secretary of Defense, determines
to be necessary to carry out such purposes.’’.
SEC. 302. TIMING OF PRESEPARATION COUNSELING.
(a) IN GENERAL.—(1) The first sentence of section 1142(a)(1)
of title 10, United States Code, is amended to read as follows:
‘‘Within the time periods specified in paragraph (3), the Secretary