Sec. 504. Extension of limitation on pension for certain recipients of medicaid-
covered 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 incar-
cerated 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 re-
appointment 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.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I—EDUCATIONAL
ASSISTANCE PROVISIONS
SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL AS-
SISTANCE UNDER MONTGOMERY GI BILL.
(a) IN GENERAL.—(1) Paragraph (1) of section
3015(a) is amended to read as follows:
‘‘(1) for an approved program of education pur-
sued on a full-time basis, at the monthly rate of—
‘‘(A) for months beginning on or after Jan-
uary 1, 2002, $800;
‘‘(B) for months occurring during fiscal
year 2003, $900;
‘‘(C) for months occurring during fiscal
year 2004, $985; and
‘‘(D) for months occurring during a subse-
quent fiscal year, the amount for months occur-
ring during the previous fiscal year increased
under subsection (h); or’’.
(2) Paragraph (1) of section 3015(b) is amended to
read as follows:
‘‘(1) for an approved program of education pur-
sued on a full-time basis, at the monthly rate of—
‘‘(A) for months beginning on or after Jan-
uary 1, 2002, $650;
‘‘(B) for months occurring during fiscal
year 2003, $732;
‘‘(C) for months occurring during fiscal
year 2004, $800; and
‘‘(D) for months occurring during a subse-
quent fiscal year, the amount for months occur-
ring during the previous fiscal year increased
under subsection (h); or’’.
(b) CPI ADJUSTMENT.—No adjustment in rates of
educational assistance shall be made under section 3015(h)
of title 38, United States Code, for fiscal years 2003 and
2004.
SEC. 102. INCREASE IN RATES OF SURVIVORS’ AND DE-
PENDENTS’ EDUCATIONAL ASSISTANCE.
(a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS-
SISTANCE.—Section 3532 is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$588’’ and inserting
‘‘$670’’;
(B) by striking ‘‘$441’’ and inserting
‘‘$503’’; and
(C) by striking ‘‘$294’’ and inserting
‘‘$335’’;
(2) in subsection (a)(2), by striking ‘‘$588’’ and
inserting ‘‘$670’’;
(3) in subsection (b), by striking ‘‘$588’’ and in-
serting ‘‘$670’’; and
(4) in subsection (c)(2)—
(A) by striking ‘‘$475’’ and inserting
‘‘$541’;
(B) by striking ‘‘$356’’ and inserting
‘‘$406’’; and
(C) by striking ‘‘$238’’ and inserting
‘‘$271’’.
(b) CORRESPONDENCE COURSES.—Section 3534(b) is
amended by striking ‘‘$588’’ and inserting ‘‘$670’’.
(c) 
SPECIAL
RESTORATIVE
TRAINING.—Section
3542(a) is amended—
(1) by striking ‘‘$588’’ and inserting ‘‘$670’’;
and
(2) by striking ‘‘$184’’ each place it appears and
inserting ‘‘$210’’.
(d) APPRENTICESHIP TRAINING.—Section 3687(b)(2)
is amended—
(1) by striking ‘‘$428’’ and inserting ‘‘$488’’;
(2) by striking ‘‘$320’’ and inserting ‘‘$365’’;
(3) by striking ‘‘$212’’ and inserting ‘‘$242’’;
and
(4) by striking ‘‘$107’’ and inserting ‘‘$122’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect as of January 1, 2002, and shall
apply with respect to educational assistance allowances
payable under chapter 35 and section 3687(b)(2) of title
38, United States Code, for months beginning on or after
that date.
SEC. 103. RESTORATION OF CERTAIN EDUCATION BENE-
FITS OF INDIVIDUALS BEING ORDERED TO
ACTIVE DUTY.
(a) 
IN
GENERAL.—Sections 
3013(f)(2)(A),
3231(a)(5)(B)(i), and 3511(a)(2)(B)(i) are each amended
by striking ‘‘, in connection with the Persian Gulf War,
to serve on active duty under section 672 (a), (d), or (g),
673, 673b, or 688 of title 10;’’ and inserting ‘‘to serve on
active duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10;’’.
(b) INCREASE IN CHAPTER 35 DELIMITING PERIOD.—
Section 3512 is amended by adding at the end the following
new subsection:
‘‘(h) Notwithstanding any other provision of this sec-
tion, if an eligible person, during the delimiting period oth-
erwise applicable to such person under this section, serves
on active duty pursuant to an order to active duty issued
under section 688, 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10, such person shall be granted an extension
of such delimiting period for the length of time equal to
the period of such active duty plus four months.’’.
(c) APPLICATION TO CHAPTER 31.—(1) Section 3105
is amended by adding at the end the following new sub-
section:
‘‘(e)(1) Notwithstanding any other provision of this
chapter or chapter 36 of this title, any payment of a subsist-
ence allowance and other assistance described in paragraph
(2) shall not—
‘‘(A) be charged against any entitlement of any
veteran under this chapter; or
‘‘(B) be counted toward the aggregate period for
which section 3695 of this title limits an individual’s
receipt of allowance or assistance.
‘‘(2) The payment of the subsistence allowance and
other assistance referred to in paragraph (1) is the payment
of such an allowance or assistance for the period described
in paragraph (3) to a veteran for participation in a voca-
tional rehabilitation program under this chapter if the Sec-
retary finds that the veteran had to suspend or discontinue
participation in such vocational rehabilitation program as
a result of being ordered to serve on active duty under sec-
tion 688, 12301(a), 12301(d), 12301(g), 12302, or 12304
of title 10.
‘‘(3) The period for which, by reason of this subsection,
a subsistence allowance and other assistance is not charged
against entitlement or counted toward the applicable aggre-
gate period under section 3695 of this title shall be the pe-
riod of participation in the vocational rehabilitation pro-
gram for which the veteran failed to receive credit or with
respect to which the veteran lost training time, as deter-
mined by the Secretary.’’.
(2) Section 3103 is amended by adding at the end the
following new subsection:
‘‘(e) In any case in which the Secretary has deter-
mined that a veteran was prevented from participating in
a vocational rehabilitation program under this chapter
within the period of eligibility otherwise prescribed in this
section as a result of being ordered to serve on active duty
under section 688, 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10, such period of eligibility shall not run
for the period of such active duty service plus four months.
(d) 
CONFORMING
AMENDMENTS.—Sections
3013(f)(2)(B) and 3231(a)(5)(B)(ii) of such title are each
amended by striking ‘‘, in connection with such War,’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect as of September 11, 2001.
SEC. 104. ACCELERATED PAYMENTS OF EDUCATIONAL AS-
SISTANCE UNDER MONTGOMERY GI BILL FOR
EDUCATION LEADING TO EMPLOYMENT IN
HIGH TECHNOLOGY INDUSTRY.
(a) IN GENERAL.—(1) Chapter 30 is amended by in-
serting after section 3014 the following new section:
‘‘§ 3014A. Accelerated payment of basic educational
assistance for education leading to em-
ployment in high technology industry
‘‘(a) An individual described in subsection (b) who is
entitled to basic educational assistance under this sub-
chapter may elect to receive an accelerated payment of the
basic educational assistance allowance otherwise payable to
the individual under section 3015 of this title.
‘‘(b) An individual described in this subsection is an
individual who is—
‘‘(1) enrolled in an approved program of edu-
cation that leads to employment in a high technology
industry (as determined pursuant to regulations pre-
scribed by the Secretary); and
‘‘(2) charged tuition and fees for the program of
education that, when divided by the number of
months (and fractions thereof) in the enrollment pe-
riod, exceeds the amount equal to 200 percent of the
monthly rate of basic educational assistance allow-
ance otherwise payable to the individual under sec-
tion 3015 of this title.
‘‘(c)(1) The amount of the accelerated payment of basic
educational assistance made to an individual making an
election under subsection (a) for a program of education
shall be the lesser of—
‘‘(A) the amount equal to 60 percent of the estab-
lished charges for the program of education; or
‘‘(B) the aggregate amount of basic educational
assistance to which the individual remains entitled
under this chapter at the time of the payment.
‘‘(2) In this subsection, the term ‘established charges’,
in the case of a program of education, means the actual
charges (as determined pursuant to regulations prescribed
by the Secretary) for tuition and fees which similarly
circumstanced nonveterans enrolled in the program of edu-
cation would be required to pay. Established charges shall
be determined on the following basis:
‘‘(A) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the indi-
vidual for the term, quarter, or semester.
‘‘(B) In the case of an individual enrolled in a
program of education not offered on a term, quarter,
or semester basis, the tuition and fees charged the in-
dividual for the entire program of education.
‘‘(3) The educational institution providing the pro-
gram of education for which an accelerated payment of
basic educational assistance allowance is elected by an indi-
vidual under subsection (a) shall certify to the Secretary
the amount of the established charges for the program of
education.
‘‘(d) An accelerated payment of basic educational as-
sistance made to an individual under this section for a pro-
gram of education shall be made not later than the last day
of the month immediately following the month in which the
Secretary receives a certification from the educational insti-
tution regarding—
‘‘(1) the individual’s enrollment in and pursuit
of the program of education; and
‘‘(2) the amount of the established charges for the
program of education.
‘‘(e)(1) Except as provided in paragraph (2), for each
accelerated payment of basic educational assistance made
to an individual under this section, the individual’s entitle-
ment to basic educational assistance under this chapter
shall be charged the number of months (and any fraction
thereof) determined by dividing the amount of the acceler-
ated payment by the full-time monthly rate of basic edu-
cational assistance allowance otherwise payable to the indi-
vidual under section 3015 of this title as of the beginning
date of the enrollment period for the program of education
for which the accelerated payment is made.
‘‘(2) If the monthly rate of basic educational assistance
allowance otherwise payable to an individual under section
3015 of this title increases during the enrollment period of
a program of education for which an accelerated payment
of basic educational assistance is made under this section,
the charge to the individual’s entitlement to basic edu-
cational assistance under this chapter shall be determined
by prorating the entitlement chargeable, in the matter pro-
vided for under paragraph (1), for the periods covered by
the initial rate and increased rate, respectively, in accord-
ance with regulations prescribed by the Secretary.
‘‘(f) The Secretary may not make an accelerated pay-
ment under this section for a program of education to an
individual who has received an advance payment under sec-
tion 3680(d) of this title for the same enrollment period.
‘‘(g) The Secretary shall prescribe regulations to carry
out this section. The regulations shall include requirements,
conditions, and methods for the request, issuance, delivery,
certification of receipt and use, and recovery of overpay-
ment of an accelerated payment under this section.’’.
(2) The table of sections at the beginning of that chap-
ter is amended by inserting after the item relating to section
3014 the following new item:
‘‘3014A. Accelerated payment of basic educational assistance for education leading
to employment in high technology industry.’’.
(b) RESTATEMENT AND ENHANCEMENT OF CERTAIN
ADMINISTRATIVE AUTHORITIES.—Subsection (g) of section
3680 is amended to read as follows:
‘‘DETERMINATION OF ENROLLMENT, PURSUIT, AND
ATTENDANCE
‘‘(g)(1) The Secretary may, pursuant to regulations
which the Secretary shall prescribe, determine and define
with respect to an eligible veteran and eligible person the
following:
‘‘(A) Enrollment in a course or program of edu-
cation or training.
‘‘(B) Pursuit of a course or program of edu-
cation or training.
‘‘(C) Attendance at a course or program of edu-
cation or training.
‘‘(2) The Secretary may withhold payment of benefits
to an eligible veteran or eligible person until the Secretary
receives such proof as the Secretary may require of enroll-
ment in and satisfactory pursuit of a program of education
by the eligible veteran or eligible person. The Secretary shall
adjust the payment withheld, when necessary, on the basis
of the proof the Secretary receives.
‘‘(3) In the case of an individual other than an indi-
vidual described in paragraph (4), the Secretary may ac-
cept the individual’s monthly certification of enrollment in
and satisfactory pursuit of a program of education as suffi-
cient proof of the certified matters.
‘‘(4) In the case of an individual who has received an
accelerated payment of basic educational assistance under
section 3014A of this title during an enrollment period for
a program of education, the Secretary may accept the indi-
vidual’s certification of enrollment in and satisfactory pur-
suit of the program of education as sufficient proof of the
certified matters if the certification is submitted after the
enrollment period has ended.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect October 1, 2002, and shall apply
with respect to enrollments in courses or programs of edu-
cation or training beginning on or after that date.
SEC. 105. ELIGIBILITY FOR MONTGOMERY GI BILL BENE-
FITS OF CERTAIN ADDITIONAL VIETNAM ERA
VETERANS.
(a) ACTIVE DUTY PROGRAM.—Section 3011(a)(1) is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by adding ‘‘or’’ at the end of subparagraph
(B); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) as of December 31, 1989, was eligible
for educational assistance benefits under chapter
34 of this title and—
‘‘(i) was not on active duty on October
19, 1984;
‘‘(ii) reenlists or reenters on a period
of active duty on or after October 19, 1984;
and
‘‘(iii) on or after July 1, 1985,
either—
‘‘(I) serves at least three years of
continuous active duty in the Armed
Forces; or
‘‘(II) is discharged or released
from active duty (aa) for a service-con-
nected disability, for a medical condi-
tion which preexisted such service on
active duty and which the Secretary
determines is not service connected, for
hardship, or for a physical or mental
condition that was not characterized as
a disability, as described in subpara-
graph (A)(ii)(I) of this paragraph, (bb)
for the convenience of the Government,
if the individual completed not less
than 30 months of continuous active
duty after that date, or (cc) involun-
tarily for the convenience of the Gov-
ernment as a result of a reduction in
force, as determined by the Secretary of
the military department concerned in
accordance with regulations prescribed
by the Secretary of Defense or by the
Secretary of Transportation with re-
spect to the Coast Guard when it is not
operating as a service in the Navy;’’.
(b) 
SELECTED
RESERVE
PROGRAM.—Section
3012(a)(1) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by adding ‘‘or’’ at the end of subparagraph
(B); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) as of December 31, 1989, was eligible
for educational assistance under chapter 34 of
this title and—
‘‘(i) was not on active duty on October
19, 1984;
‘‘(ii) reenlists or reenters on a period
of active duty on or after October 19, 1984;
and
‘‘(iii) on or after July 1, 1985—
‘‘(I) serves at least two years of
continuous active duty in the Armed
Forces, subject to subsection (b) of this
section, characterized by the Secretary
concerned as honorable service; and
‘‘(II) subject to subsection (b) of
this section and beginning within one
year after completion of such two years
of service, serves at least four contin-
uous years in the Selected Reserve dur-
ing which the individual participates
satisfactorily in training as prescribed
by the Secretary concerned;’’.
(c) TIME FOR USE OF ENTITLEMENT.—Section 3031
is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(3) in the case of an individual who becomes
entitled 
to 
such 
assistance 
under 
section
3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the
date of the enactment of this paragraph.’’; and
(2) in subsection (e)(1), by striking ‘‘section
3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting ‘‘sec-
tion 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or
3012(a)(1)(C)’’.
SEC. 106. INCREASE IN MAXIMUM ALLOWABLE ANNUAL
SENIOR 
ROTC 
EDUCATIONAL 
ASSISTANCE
FOR ELIGIBILITY FOR BENEFITS UNDER THE
MONTGOMERY GI BILL.
(a) 
IN
GENERAL.—Sections 
3011(c)(3)(B) 
and
3012(d)(3)(B) are each amended by striking ‘‘$2,000’’ and
inserting ‘‘$3,400’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to educational assist-
ance allowances paid under chapter 30 of title 38, United
States Code, for months beginning after the date of the en-
actment of this Act.
SEC. 107. EXPANSION OF WORK-STUDY OPPORTUNITIES.
(a) FIVE-YEAR EXPANSION OF QUALIFYING WORK-
STUDY ACTIVITIES.—Subsection (a) of section 3485 is
amended to read as follows:
‘‘(a)(1) Individuals utilized under the authority of
subsection (b) shall be paid an additional educational as-
sistance allowance (hereinafter in this section referred to
as ‘work-study allowance’). Such allowance shall be paid
in return for an individual’s entering into an agreement
described in paragraph (3).
‘‘(2) Such work-study allowance shall be paid in an
amount equal to the product of—
‘‘(A) the applicable hourly minimum wage; and
‘‘(B) the number of hours worked during the ap-
plicable period.
‘‘(3) An agreement described in this paragraph is an
agreement of an individual to perform services, during or
between periods of enrollment, aggregating not more than
a number of hours equal to 25 times the number of weeks
in the semester or other applicable enrollment period, re-
quired in connection with a qualifying work-study activity.
‘‘(4) For the purposes of this section, the term ‘quali-
fying work-study activity’ means any of the following:
‘‘(A) The outreach services program under sub-
chapter II of chapter 77 of this title as carried out
under the supervision of a Department employee or,
during the five-year period beginning on the date of
the enactment of the Veterans Education and Benefits
Expansion 
Act 
of 
2001, 
outreach 
services 
to
servicemembers and veterans furnished by employees
of a State approving agency.
‘‘(B) The preparation and processing of nec-
essary papers and other documents at educational in-
stitutions or regional offices or facilities of the De-
partment.
‘‘(C) The provision of hospital and domiciliary
care and medical treatment under chapter 17 of this
title, including, during the five-year period beginning
on the date of the enactment of the Veterans Edu-
cation and Benefits Expansion Act of 2001, the provi-
sion of such care to veterans in a State home for
which payment is made under section 1741 of this
title.
‘‘(D) Any other activity of the Department as the
Secretary determines appropriate.
‘‘(E) In the case of an individual who is receiv-
ing educational assistance under chapter 1606 of title
10, an activity relating to the administration of that
chapter at Department of Defense, Coast Guard, or
National Guard facilities.
‘‘(F) During the five-year period beginning on
the date of the enactment of the Veterans Education
and Benefits Expansion Act of 2001, an activity re-
lating to the administration of a national cemetery or
a State veterans’ cemetery.
‘‘(5) An individual may elect, in a manner prescribed
by the Secretary, to be paid in advance an amount equal
to 40 percent of the total amount of the work-study allow-
ance agreed to be paid under the agreement in return for
the individual’s agreement to perform the number of hours
of work specified in the agreement (but not more than an
amount equal to 50 times the applicable hourly minimum
wage).
‘‘(6) For the purposes of this subsection and subsection
(e), the term ‘applicable hourly minimum wages’ means—
‘‘(A) the hourly minimum wage under section
6(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)); or
‘‘(B) the hourly minimum wage under com-
parable law of the State in which the services are to
be performed, if such wage is higher than the wage re-
ferred to in subparagraph (A) and the Secretary has
made a determination to pay such higher wage.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply with respect to agreements entered into
under section 3485 of title 38, United States Code, on or
after the date of the enactment of this Act.
SEC. 108. ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’
EDUCATIONAL ASSISTANCE OF SPOUSES AND
SURVIVING SPOUSES OF VETERANS WITH
TOTAL SERVICE-CONNECTED DISABILITIES.
(a) 
DESIGNATION
OF
ELIGIBILITY.—Section
3501(a)(1)(D) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(2) by inserting ‘‘(ii)’’ after ‘‘or’’.
(b) RESTATEMENT AND EXPANSION OF TREATMENT OF
USE OF ELIGIBILITY.—(1) Section 3511 is amended by
adding at the end the following new subsection:
‘‘(c) Any entitlement used by an eligible person as a
result of eligibility under section 3501(a)(1)(A)(iii),
3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be de-
ducted from any entitlement to which such person may sub-
sequently be entitled under this chapter.’’.
(2) Section 3512 is amended by striking subsection (g).
(c) DELIMITING PERIOD.—(1) Section 3511(a)(1) is
amended by adding at the end the following new sentence:
‘‘In no event may the aggregate educational assistance af-
forded 
to 
a 
spouse 
made 
eligible 
under 
both
3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed
45 months.’’.
(2) Paragraph (1) of section 3512(b) is amended to
read as follows:
‘‘(1)(A) Except as provided in subparagraph (B), a
person made eligible by subparagraph (B) or (D) of section
3501(a)(1) of this title may be afforded educational assist-
ance under this chapter during the 10-year period begin-
ning on the date (as determined by the Secretary) the per-
son becomes an eligible person within the meaning of sec-
tion 3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii)
of this title. In the case of a surviving spouse made eligible
by clause (ii) of section 3501(a)(1)(D) of this title, the 10-
year period may not be reduced by any earlier period dur-
ing which the person was eligible for educational assistance
under this chapter as a spouse made eligible by clause (i)
of that section.
‘‘(B) Notwithstanding subparagraph (A), an eligible
person referred to in that subparagraph may, subject to the
Secretary’s approval, elect a later beginning date for the
10-year period than would otherwise be applicable to the
person under that subparagraph. The beginning date so
elected may be any date between the beginning date deter-
mined for the person under subparagraph (A) and which-
ever of the following dates applies:
‘‘(i) The date on which the Secretary notifies the
veteran from whom eligibility is derived that the vet-
eran has a service-connected total disability perma-
nent in nature.
‘‘(ii) The date on which the Secretary determines
that the veteran from whom eligibility is derived died
of a service-connected disability.’’.
(3) Section 3512(b) is further amended by striking
paragraph (3).
(4) The amendments made by this subsection shall
apply with respect to any determination (whether adminis-
trative or judicial) of the eligibility of a spouse or surviving
spouse for educational assistance under chapter 35 of title
38, United States Code, made on or after the date of the
enactment of this Act, whether pursuant to an original
claim for such assistance or pursuant to a reapplication
or attempt to reopen or readjudicate a claim for such assist-
ance.
SEC. 109. EXPANSION OF SPECIAL RESTORATIVE TRAINING
BENEFIT TO CERTAIN DISABLED SPOUSES OR
SURVIVING SPOUSES.
(a) IN GENERAL.—Section 3540 is amended by strik-
ing ‘‘section 3501(a)(1)(A) of this title’’ and inserting ‘‘sub-
paragraphs (A), (B), and (D) of section 3501(a)(1) of this
title’’.
(b) CONFORMING AMENDMENTS.—(1) Section 3541(a)
is amended in the matter preceding paragraph (1) by strik-
ing ‘‘of the parent or guardian’’.
(2) Section 3542(a) is amended—
(A) by striking ‘‘the parent or guardian shall be
entitled to receive on behalf of such person’’ and in-
serting ‘‘the eligible person shall be entitled to re-
ceive’’; and
(B) by striking ‘‘upon election by the parent or
guardian of the eligible person’’ and inserting ‘‘upon
election by the eligible person’’.
(3) The second sentence of section 3543(a) is amended
by striking ‘‘the parent or guardian for the training pro-
vided to an eligible person’’ and inserting ‘‘for the training
provided to the eligible person’’.
(4) Section 3543 is amended by adding at the end the
following new subsection:
‘‘(c) In a case in which the Secretary authorizes train-
ing under section 3541(a) of this title on behalf of an eligi-
ble person, the parent or guardian shall be entitled—
‘‘(1) to receive on behalf of the eligible person the
special training allowance provided for under section
3542(a) of this title;
‘‘(2) to elect an increase in the basic monthly al-
lowance provided for under such section; and
‘‘(3) to agree with the Secretary on the fair and
reasonable amounts which may be charged under sub-
section (a).’’.
SEC. 110. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY
ENTITIES IN DEFINITION OF EDUCATIONAL
INSTITUTION.
(a) IN GENERAL.—Sections 3452(c) and 3501(a)(6)
are each amended by adding at the end the following new
sentence: ‘‘Such term also includes any private entity (that
meets such requirements as the Secretary may establish)
that offers, either directly or under an agreement with an-
other entity (that meets such requirements), a course or
courses to fulfill requirements for the attainment of a license
or certificate generally recognized as necessary to obtain,
maintain, or advance in employment in a profession or vo-
cation in a high technology occupation (as determined by
the Secretary).’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to enrollments in courses beginning
on or after the date of the enactment of this Act.
SEC. 111. DISTANCE EDUCATION.
(a) IN GENERAL.—Subsection (a)(4) of section 3680A
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘leading’’; and
(2) by inserting before the period the following:
‘‘, or (B) to a certificate that reflects educational at-
tainment offered by an institution of higher learn-
ing’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to enrollments in independent study
courses beginning on or after the date of the enactment of
this Act.
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.
(a) PRESUMPTIVE PERIOD FOR RESPIRATORY CAN-
CERS.—(1)(A) Subparagraph (F) of subsection (a)(2) of
section 1116 is amended by striking ‘‘within 30 years’’ and
all that follows through ‘‘May 7, 1975’’.
(B) The amendment made by subparagraph (A) shall
take effect January 1, 2002.
(2) The Secretary of Veterans Affairs shall enter into
a contract with the National Academy of Sciences, not later
than six months after the date of the enactment of this Act,
for the performance of a study to include a review of all
available scientific literature on the effects of exposure to
an herbicide agent containing dioxin on the development
of respiratory cancers in humans and whether it is possible
to identify a period of time after exposure to herbicides after
which a presumption of service-connection for such exposure
would not be warranted. Under the contract, the National
Academy of Sciences shall submit a report to the Secretary
setting forth its conclusions. The report shall be submitted
not later than 18 months after the contract is entered into.
(3) For a period of six months beginning on the date
of the receipt of the report of the National Academy of
Sciences under paragraph (2), the Secretary may, if war-
ranted by clear scientific evidence presented in the National
Academy of Sciences report, initiate a rulemaking under
which the Secretary would specify a limit on the number
of years after a claimant’s departure from Vietnam after
which respiratory cancers would not be presumed to have
been associated with the claimant’s exposure to herbicides
while serving in Vietnam. Any such limit under such a rule
may not take effect until 120 days have passed after the
publication of a final rule to impose such a limit.
(4)(A) Subject to subparagraphs (B) and (C), if the
Secretary imposes such a limit under paragraph (3), that
limit shall be effective only as to claims filed on or after
the effective date of that limit.
(B) In the case of any veteran whose disability or
death due to respiratory cancer is found by the Secretary
to be service-connected under section 1116(a)(2)(F) of title
38, United States Code, as amended by paragraph (1), such
disability or death shall remain service-connected for pur-
poses of all provisions of law under such title notwith-
standing the imposition, if any, of a time limit by the Sec-
retary by rulemaking authorized under paragraph (3).
(C) Subaragraph (B) does not apply in a case in
which—
(i) the original award of compensation or service
connection was based on fraud; or
(ii) it is clearly shown from military records
that the person concerned did not have the requisite
service or character of discharge.
(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 redesig-
nated by subparagraph (A) of this paragraph—
(i) by striking ‘‘For the purposes of this
subsection, a veteran’’ and inserting ‘‘For pur-
poses of establishing service connection for a dis-
ability or death resulting from exposure to a her-
bicide agent, including a presumption of service-
connection under this section, a veteran’’; and
(ii) by striking ‘‘and has a disease referred
to in paragraph (1)(B) of this subsection’’.
(2)(A) The heading of that section is amended to read
as follows:
‘‘§ 1116. Presumptions of service connection for dis-
eases associated 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 SERV-
ICE-CONNECTION FOR ADDITIONAL DISEASES.—(1) Sub-
section (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 VETERANS WITH CERTAIN CHRONIC DIS-
ABILITIES.
(a) ILLNESSES THAT CANNOT BE CLEARLY DE-
FINED.—(1) Subsection (a) of section 1117 is amended to
read as follows:
‘‘(a)(1) The Secretary may pay compensation under
this subchapter to a Persian Gulf veteran with a qualifying
chronic disability 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 presumptive period prescribed under subsection
(b).
‘‘(2) For purposes of this subsection, the term ‘quali-
fying chronic disability’ means a chronic disability result-
ing from any of the following (or any combination of any
of the following):
‘‘(A) An undiagnosed illness.
‘‘(B) A medically unexplained chronic multi-
symptom illness (such as chronic fatigue syndrome,
fibromyalgia, and irritable bowel syndrome) that is
defined by a cluster of signs or symptoms.
‘‘(C) Any diagnosed illness that the Secretary de-
termines 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 combina-
tion 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 multisymptom 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 respiratory 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 following new paragraph:
‘‘(4) For purposes of this section, signs or symptoms
that may be a manifestation of an undiagnosed illness in-
clude the signs and symptoms listed in section 1117(g) of
this title.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (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 strik-
ing ‘‘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
PARTICIPATION 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)(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 with-
out the possibility of loss of service connection under either
such section, the Secretary shall provide that service connec-
tion granted under either such section for disability 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 re-
main 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 serv-
ice connection 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 Reg-
ister 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 Sec-
retary of Veterans Affairs with respect to any medical re-
search project of the Department of Veterans Affairs, wheth-
er commenced before, on, or after the date of the enactment
of this Act.
SEC. 204. REPEAL OF LIMITATION ON PAYMENTS OF BENE-
FITS TO INCOMPETENT INSTITUTIONALIZED
VETERANS.
(a) REPEAL.—Section 5503 is amended—
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f)
as subsections (b), (c), and (d), respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 1114(r)
is amended by striking ‘‘section 5503(e)’’ and inserting
‘‘section 5503(c)’’.
(2) Section 5112 is amended by striking subsection (c).
SEC. 205. EXTENSION OF ROUND-DOWN REQUIREMENT FOR
COMPENSATION 
COST-OF-LIVING 
ADJUST-
MENTS.
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 AP-
PLYING FOR NONSERVICE-CONNECTED PEN-
SION.
(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 per-
son 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 Commis-
sioner of Social Security for purposes of any benefits
administered by the Commissioner.
‘‘(3) Unemployable as a result of disability rea-
sonably certain to continue throughout the life of the
person.
‘‘(4) Suffering from—
‘‘(A) any disability which is sufficient to
render it impossible for the average person to fol-
low 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 Secretary to be of such a nature or extent as
to justify a determination that persons suffering
therefrom are permanently and totally dis-
abled.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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 pe-
riod of war who is 65 years of age or older and who meets
the service requirements of section 1521 of this title (as pre-
scribed 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 chap-
ter 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 prescribed 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
ASSISTANCE OFFICES TO EXPAND TRANSI-
TION 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 Secretary, after consultation with the Sec-
retary 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 para-
graph (3), the Secretary concerned shall (except as provided
in paragraph (4)) provide for individual preseparation
counseling of each member of the armed forces whose dis-
charge or release from active duty is anticipated as of a
specific date.’’.
(2) Such section is further amended by adding at the
end the following new paragraphs:
‘‘(3)(A) In the case of an anticipated retirement,
preseparation counseling shall commence as soon as possible
during the 24-month period preceding the anticipated re-
tirement date. In the case of a separation other than a re-
tirement, preseparation counseling shall commence as soon
as possible during the 12-month period preceding the an-
ticipated date. Except as provided in subparagraph (B), in
no event shall preseparation counseling commence later
than 90 days before the date of discharge or release.
‘‘(B) In the event that a retirement or other separation
is unanticipated until there are 90 or fewer days before the
anticipated retirement or separation date, preseparation
counseling shall begin as soon as possible within the re-
maining period of service.
‘‘(4)(A) Subject to subparagraph (B), the Secretary
concerned shall not provide preseparation counseling to a
member who is being discharged or released before the com-
pletion of that member’s first 180 days of active duty.
‘‘(B) Subparagraph (A) shall not apply in the case
of a member who is being retired or separated for dis-
ability.’’.
(b) CONFORMING AMENDMENT.—The second sentence
of section 1144(a)(1) of title 10, United States Code, is
amended by striking ‘‘during the 180-day period’’ and all
that follows and inserting ‘‘within the time periods pro-
vided under paragraph (3) of section 1142(a) of this title,
except that the Secretary concerned shall not provide
preseparation counseling to a member described in para-
graph (4)(A) of such section.’’.
SEC. 303. IMPROVEMENT IN EDUCATION AND TRAINING
OUTREACH 
SERVICES 
FOR 
SEPARATING
SERVICEMEMBERS AND VETERANS.
(a) PROVIDING OUTREACH THROUGH STATE APPROV-
ING AGENCIES.—Section 3672(d) is amended by inserting
‘‘and State approving agencies’’ before ‘‘shall actively pro-
mote the development of programs of training on the job’’.
(b) ADDITIONAL
DUTY.—Such section is further
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) In conjunction with outreach services provided by
the Secretary under chapter 77 of this title for education
and training benefits, each State approving agency shall
conduct outreach programs and provide outreach services
to eligible persons and veterans about education and train-
ing benefits available under applicable Federal and State
law.’’.
SEC. 304. IMPROVEMENT OF VETERANS OUTREACH PRO-
GRAMS.
Section 7722(c) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following:
‘‘(2) Whenever a veteran or dependent first applies for
any benefit under laws administered by the Secretary (in-
cluding a request for burial or related benefits or an appli-
cation for life insurance proceeds), the Secretary shall pro-
vide to the veteran or dependent information concerning
benefits and health care services under programs adminis-
tered by the Secretary. Such information shall be provided
not later than three months after the date of such applica-
tion.’’.
TITLE IV—HOUSING MATTERS
SEC. 401. INCREASE IN HOME LOAN GUARANTY AMOUNT
FOR 
CONSTRUCTION 
AND 
PURCHASE 
OF
HOMES.
Section 3703(a)(1) is amended by striking ‘‘$50,750’’
each place it appears in subparagraphs (A)(i)(IV) and (B)
and inserting ‘‘$60,000’’.
SEC. 402. NATIVE AMERICAN VETERAN HOUSING LOAN
PILOT PROGRAM.
(a) EXTENSION OF PILOT PROGRAM.—Section 3761(c)
is amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2005’’.
(b) AUTHORIZATION OF THE USE OF CERTAIN FED-
ERAL
MEMORANDUMS
OF
UNDERSTANDING.—Section
3762(a)(1) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(2) by striking ‘‘and’’ after the semicolon and in-
serting ‘‘or’’; and
(3) by adding at the end the following:
‘‘(B) the tribal organization that has jurisdiction
over the veteran has entered into a memorandum of
understanding with any department or agency of the
United States with respect to direct housing loans to
Native Americans that the Secretary determines sub-
stantially complies with the requirements of sub-
section (b); and’’.
(c) EXTENSION OF ANNUAL REPORT.—Section 3762(j)
is amended by striking ‘‘2002’’ and inserting ‘‘2006’’.
SEC. 403. MODIFICATION OF LOAN ASSUMPTION NOTICE
REQUIREMENT.
Section 3714(d) is amended to read as follows:
‘‘(d) With respect to a loan guaranteed, insured, or
made under this chapter, the Secretary shall provide, by
regulation, that at least one instrument evidencing either
the loan or the mortgage or deed of trust therefor, shall con-
spicuously contain, in such form as the Secretary shall
specify, a notice in substantially the following form: ‘This
loan is not assumable without the approval of the Depart-
ment of Veterans Affairs or its authorized agent’.’’.
SEC. 404. INCREASE IN ASSISTANCE AMOUNT FOR SPE-
CIALLY ADAPTED HOUSING.
Section 2102 is amended—
(1) in the matter preceding paragraph (1) of
subsection (a), by striking ‘‘$43,000’’ and inserting
‘‘$48,000’’; and
(2) in subsection (b)(2), by striking ‘‘$8,250’’
and inserting ‘‘$9,250’’.
SEC. 405. EXTENSION OF OTHER HOUSING AUTHORITIES.
(a) HOUSING LOANS
FOR MEMBERS
OF
THE SE-
LECTED RESERVE.—Section 3702(a)(2)(E) is amended by
striking ‘‘September 30, 2007’’ and inserting ‘‘September
30, 2009’’.
(b) ENHANCED LOAN ASSET SALE AUTHORITY.—Sec-
tion 3720(h)(2) is amended by striking ‘‘December 31,
2008’’ and inserting ‘‘December 31, 2011’’.
(c) HOME LOAN FEE AUTHORITIES.—The table in sec-
tion 3729(b)(2) is amended by striking ‘‘October 1, 2008’’
each place it appears and inserting ‘‘October 1, 2011’’.
(d) PROCEDURES APPLICABLE TO LIQUIDATION SALES
ON DEFAULTED HOME LOANS GUARANTEED BY THE DE-
PARTMENT OF VETERANS AFFAIRS.—Section 3732(c)(11) is
amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc-
tober 1, 2011’’.
SEC. 406. CLARIFYING AMENDMENT RELATING TO ELIGI-
BILITY OF MEMBERS OF THE SELECTED RE-
SERVE FOR HOUSING LOANS.
Section 3729(b)(4)(B) is amended by inserting before
the period the following: ‘‘who is eligible under section
3702(a)(2)(E) of this title’’.
TITLE V—OTHER MATTERS
SEC. 501. INCREASE IN BURIAL BENEFITS.
(a) BURIAL AND FUNERAL EXPENSES.—(1) Clause (1)
of section 2307 is amended by striking ‘‘$1,500’’ and insert-
ing ‘‘$2,000’’.
(2) The amendment made by paragraph (1) shall
apply to deaths occurring on or after September 11, 2001.
(b) PLOT ALLOWANCE.—(1) Section 2303(b) is amend-
ed by striking ‘‘$150’’ each place it appears and inserting
‘‘$300’’.
(2) The amendments made by paragraph (1) shall
apply to deaths occurring on or after December 1, 2001.
SEC. 502. GOVERNMENT MARKERS FOR MARKED GRAVES AT
PRIVATE CEMETERIES.
(a) GOVERNMENT MARKER BENEFIT.—Section 2306 of
title 38, United States Code, is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d)(1) The Secretary shall furnish, when requested,
an appropriate Government marker at the expense of the
United States for the grave of an individual described in
paragraph (2) or (5) of subsection (a) who is buried in a
private cemetery, notwithstanding that the grave is marked
by a headstone or marker furnished at private expense.
Such a marker may be furnished only if the individual
making the request for the Government marker certifies to
the Secretary that the marker will be placed on the grave
for which the marker is requested.
‘‘(2) Any marker furnished under this subsection shall
be delivered by the Secretary directly to the cemetery where
the grave is located.
‘‘(3) The authority to furnish a marker under this sub-
section expires on December 31, 2006.
‘‘(4) Not later than February 1, 2006, the Secretary
shall submit to the Committees on Veterans’ Affairs of the
Senate and House of Representatives a report on the use
of the authority under this subsection. The report shall in-
clude the following:
‘‘(A) The rate of use of the benefit under this
subsection, shown by fiscal year.
‘‘(B) An assessment as to the extent to which
markers furnished under this subsection are being de-
livered to cemeteries and placed on grave sites con-
sistent with the provisions of this subsection.
‘‘(C) The Secretary’s recommendation for exten-
sion or repeal of the expiration date specified in
paragraph (3).’’.
(b) DESIGN OF MARKER.—Subsection (c) of such sec-
tion is amended by striking ‘‘subsection (a) or (b)’’ and in-
serting ‘‘subsection (a), (b), or (d)’’.
(c) CROSS
REFERENCE
CORRECTION.—Subsection
(a)(5) of such section is amended by striking ‘‘chapter 67’’
and inserting ‘‘chapter 1223’’.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to markers
for the graves of individuals dying on or after the date of
the enactment of this Act.
SEC. 503. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTO-
MOBILE AND ADAPTIVE EQUIPMENT FOR
CERTAIN DISABLED VETERANS.
Section 3902(a) is amended by striking ‘‘$8,000’’ and
inserting ‘‘$9,000’’.
SEC. 504. EXTENSION OF LIMITATION ON PENSION FOR
CERTAIN 
RECIPIENTS 
OF 
MEDICAID-COV-
ERED NURSING HOME CARE.
Paragraph (7) of subsection (d) of section 5503, as re-
designated by section 204(a), is amended by striking ‘‘Sep-
tember 30, 2008’’ and inserting ‘‘September 30, 2011’’.
SEC. 505. PROHIBITION ON PROVISION OF CERTAIN BENE-
FITS WITH RESPECT TO PERSONS WHO ARE
FUGITIVE FELONS.
(a) PROHIBITION.—(1) Chapter 53 is amended by in-
serting after section 5313A the following new section:
‘‘§ 5313B. Prohibition on providing certain benefits
with respect to persons who are fugitive
felons
‘‘(a) A veteran who is otherwise eligible for a benefit
specified in subsection (c) may not be paid or otherwise
provided such benefit for any period during which such vet-
eran is a fugitive felon. A dependent of a veteran who is
otherwise eligible for a benefit specified in subsection (c)
may not be paid or otherwise provided such benefit for any
period during which such veteran or such dependent is a
fugitive felon.
‘‘(b) For purposes of this section:
‘‘(1) The term ‘fugitive felon’ means a person
who is a fugitive by reason of—
‘‘(A) fleeing to avoid prosecution, or custody
or confinement after conviction, for an offense, or
an attempt to commit an offense, which is a fel-
ony under the laws of the place from which the
person flees; or
‘‘(B) violating a condition of probation or
parole imposed for commission of a felony under
Federal or State law.
‘‘(2) The term ‘felony’ includes a high mis-
demeanor under the laws of a State which character-
izes as high misdemeanors offenses that would be fel-
ony offenses under Federal law.
‘‘(3) The term ‘dependent’ means a spouse, sur-
viving spouse, child, or dependent parent of a veteran.
‘‘(c) A benefit specified in this subsection is a benefit
under any of the following:
‘‘(1) Chapter 11 of this title.
‘‘(2) Chapter 13 of this title.
‘‘(3) Chapter 15 of this title.
‘‘(4) Chapter 17 of this title.
‘‘(5) Chapter 19 of this title.
‘‘(6) Chapter 30, 31, 32, 34, or 35 of this title.
‘‘(7) Chapter 37 of this title.
‘‘(d)(1) The Secretary shall furnish to any Federal,
State, or local law enforcement official, upon the written
request of such official, the most current address maintained
by the Secretary of a person who is eligible for a benefit
specified in subsection (c) if such official—
‘‘(A) provides to the Secretary such information
as the Secretary may require to fully identify the per-
son;
‘‘(B) identifies the person as being a fugitive
felon; and
‘‘(C) certifies to the Secretary that apprehending
such person is within the official duties of such offi-
cial.
‘‘(2) The Secretary shall enter into memoranda of un-
derstanding with Federal law enforcement agencies, and
may enter into agreements with State and local law enforce-
ment agencies, for purposes of furnishing information to
such agencies under paragraph (1).’’.
(2) The table of sections at the beginning of that chap-
ter is amended by inserting after the item relating to section
5313A the following new item:
‘‘5313B. Prohibition on providing certain benefits with respect to persons who are
fugitive felons.’’.
(b) SENSE OF CONGRESS ON ENTRY INTO MEMORANDA
OF UNDERSTANDING AND AGREEMENTS.—It is the sense of
Congress that the memoranda of understanding and agree-
ments referred to in section 5313B(d)(2) of title 38, United
States Code (as added by subsection (a)), should be entered
into as soon as practicable after the date of the enactment
of this Act, but not later than six months after that date.
SEC. 506. LIMITATION ON PAYMENT OF COMPENSATION
FOR VETERANS REMAINING INCARCERATED
SINCE OCTOBER 7, 1980.
(a) LIMITATION.—Section 5313 of title 38, United
States Code, other than subsection (d) of that section, shall
apply with respect to the payment of compensation to or
with respect to any veteran described in subsection (b).
(b) COVERED VETERANS.—A veteran described in this
subsection is a veteran who is entitled to compensation and
who—
(1) on October 7, 1980, was incarcerated in a
Federal, State, or local penal institution for a felony
committed before that date; and
(2) remains so incarcerated for conviction of that
felony as of the date of the enactment of this Act.
(c) EFFECTIVE DATE.—This section shall apply with
respect to the payment of compensation for months begin-
ning on or after the end of the 90-day period beginning
on the date of the enactment of this Act.
(d) COMPENSATION DEFINED.—For purposes of this
section, the term ‘‘compensation’’ has the meaning given
that term in section 5313 of title 38, United States Code.
SEC. 507. ELIMINATION OF REQUIREMENT FOR PROVIDING
A COPY OF NOTICE OF APPEAL TO THE SEC-
RETARY OF VETERANS AFFAIRS.
(a) REPEAL.—Section 7266 is amended by striking
subsection (b).
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) by striking ‘‘(1)’’ after ‘‘(a)’’;
(2) by redesignating paragraph (2) as subsection
(b);
(3) by redesignating paragraph (3) as subsection
(c) and redesignating subparagraphs (A) and (B)
thereof as paragraphs (1) and (2); and
(4) by redesignating paragraph (4) as subsection
(d) and by striking ‘‘paragraph (3)(B)’’ therein and
inserting ‘‘subsection (c)(2)’’.
SEC. 508. INCREASE IN FISCAL YEAR LIMITATION ON NUM-
BER OF VETERANS IN PROGRAMS OF INDE-
PENDENT LIVING SERVICES AND ASSIST-
ANCE.
(a) INCREASE
IN LIMITATION.—Section 3120(e) is
amended by striking ‘‘five hundred’’ and inserting ‘‘2,500’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as of September 30, 2001.
SEC. 509. TECHNICAL AND CLERICAL AMENDMENTS.
(a) REPEAL OF EXPIRED PROVISION.—(1) Section 712
is repealed.
(2) The table of sections at the beginning of chapter
7 is amended by striking the item relating to section 712.
(b) CORRECTION
OF
WORD
OMISSION.—Section
1710B(c)(2)(B) is amended by inserting ‘‘on’’ before ‘‘No-
vember 30, 1999’’.
(c) REPEAL OF ERRONEOUS CROSS REFERENCE.—
Section 1729B(b) is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively.
(d) CORRECTION
OF CROSS REFERENCE.—Section
3695(a)(5) is amended by striking ‘‘1610’’ and inserting
‘‘1611’’.
(e) STYLISTIC CORRECTION.—Section 1001(a)(2) of
the Veterans’ Benefits Improvements Act of 1994 (Public
Law 103–446; 38 U.S.C. 7721 note) is amended by striking
‘‘and’’ at the end of subparagraph (C).
(f) CORRECTION OF PREVIOUS AMENDMENT.—Effec-
tive November 30, 1999, and as if included therein as origi-
nally enacted, section 204(e)(3) of the Veterans Millennium
Health Care and Benefits Act (Public Law 106–117; 113
Stat. 1563) is amended by striking ‘‘and inserting ‘a’;’’ and
inserting ‘‘the first place it appears and inserting ‘an’;’’.
TITLE 
VI—UNITED 
STATES
COURT OF APPEALS FOR VET-
ERANS CLAIMS
SEC. 601. FACILITATION OF STAGGERED TERMS OF JUDGES
THROUGH TEMPORARY EXPANSION OF THE
COURT.
(a) IN GENERAL.—Section 7253 is amended by adding
at the end the following new subsection:
‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) During
the period from January 1, 2002, through August 15, 2005,
the authorized number of judges of the Court specified in
subsection (a) is increased by two.
‘‘(2)(A) Of the two additional judges authorized by this
subsection—
‘‘(i) only one may be appointed pursuant to a
nomination made in 2002; and
‘‘(ii) only one may be appointed pursuant to a
nomination made in 2003.
‘‘(B) If a judge is not appointed under this subsection
pursuant to a nomination made in 2002, a judge may be
appointed under this subsection pursuant to a nomination
made in 2004. If a judge is not appointed under this sub-
section pursuant to a nomination made in 2003, a judge
may be appointed under this subsection pursuant to a nom-
ination made in 2004. In either case, such an appointment
may be made only pursuant to a nomination made before
October 1, 2004.
‘‘(3) The term of office and the eligibility for retire-
ment of a judge appointed under this subsection, other than
a judge described in paragraph (4), are governed by the
provisions of section 1012 of the Court of Appeals for Vet-
erans Claims Amendments of 1999 (title X of Public Law
106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge
is one of the first two judges appointed to the Court after
November 30, 1999.
‘‘(4) A judge of the Court as of the date of the enact-
ment of this subsection who was appointed to the Court be-
fore January 1, 1991, may accept appointment as a judge
of the Court under this subsection notwithstanding that the
term of office of the judge on the Court has not yet expired
under this section. The term of office of an incumbent judge
who receives an appointment as described in the preceding
sentence shall be 15 years, which includes any period re-
maining in the unexpired term of the judge. Any service
following an appointment under this subsection shall be
treated as though served as part of the original term of office
of that judge on the Court.
‘‘(5) Notwithstanding paragraph (1), an appointment
may not be made to the Court if the appointment would
result in there being more than seven judges on the Court
who were appointed after January 1, 1997. For the pur-
poses of this paragraph, a judge serving in recall status
under section 7257 of this title shall be disregarded in
counting the number of judges appointed to the Court after
such date.’’.
(b) STYLISTIC AMENDMENTS.—That section is further
amended—
(1) in subsection (b), by inserting ‘‘APPOINT-
MENT.—’’ before ‘‘The judges’’;
(2) in subsection (c), by inserting ‘‘TERM OF OF-
FICE.—’’ before ‘‘The term’’;
(3) in subsection (f), by striking ‘‘(f)(1)’’ and in-
serting ‘‘(f) REMOVAL.—(1)’’; and
(4) in subsection (g), by striking ‘‘(g)(1)’’ and
inserting ‘‘(g) RULES.—(1)’.
SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE
REGARDING ACCEPTANCE OF REAPPOINT-
MENT AS CONDITION TO RETIREMENT FROM
THE COURT.
Section 7296(b)(2) is amended by striking the second
sentence.
SEC. 603. TERMINATION OF NOTICE OF DISAGREEMENT AS
JURISDICTIONAL REQUIREMENT FOR THE
COURT.
(a) TERMINATION.—Section 402 of the Veterans’ Judi-
cial Review Act (division A of Public Law 100–687; 102
Stat. 4122; 38 U.S.C. 7251 note) is repealed.
(b) ATTORNEY FEES.—Section 403 of the Veterans’ Ju-
dicial Review Act (102 Stat. 4122; 38 U.S.C. 5904 note)
is repealed.
(c) CONSTRUCTION.—The repeal in subsection (a) may
not be construed to confer upon the United States Court
of Appeals for Veterans Claims jurisdiction over any appeal
or other matter not within the jurisdiction of the Court as
provided in section 7266(a) of title 38, United States Code.
(d) APPLICABILITY.—The repeals made by subsections
(a) and (b) shall apply to any appeal filed with the United
States Court of Appeals for Veterans Claims—
(1) on or after the date of the enactment of this
Act; or
(2) before the date of the enactment of this Act
but in which a final decision has not been made
under section 7291 of title 38, United States Code, as
of that date.
SEC. 604. REGISTRATION FEES.
(a) FEES FOR COURT-SPONSORED ACTIVITIES.—Sub-
section (a) of section 7285 is amended by adding at the
end the following new sentence: ‘‘The Court may also impose
a registration fee on persons (other than judges of the Court)
participating at judicial conferences convened pursuant to
section 7286 of this title or in any other court-sponsored
activity.’’.
(b) USE OF FEES.—Subsection (b) of such section is
amended by striking ‘‘for the purposes of (1)’’ and all that
follows through the period and inserting ‘‘for the following
purposes:
‘‘(1) Conducting investigations and proceedings,
including employing independent counsel, to pursue
disciplinary matters.
‘‘(2) Defraying the expenses of—
‘‘(A) judicial conferences convened pursuant
to section 7286 of this title; and
‘‘(B) other activities and programs of the
Court that are intended to support and foster
communication and relationships between the
Court and persons practicing before the Court or
the study, understanding, public commemora-
tion, or improvement of veterans law or of the
work of the Court.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading for
such section is amended to read as follows:
‘‘§ 7285. Practice and registration fees’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 72 is amended to read
as follows:
‘‘7285. Practice and registration fees.’’.
SEC. 605. ADMINISTRATIVE AUTHORITIES.
(a) IN GENERAL.—Subchapter III of chapter 72 is
amended by inserting after section 7286 the following new
section:
‘‘§ 7287. Administration
‘‘Notwithstanding any other provision of law, the
Court of Appeals for Veterans Claims may exercise, for pur-
poses of management, administration, and expenditure of
funds of the Court, the authorities provided for such pur-
poses by any provision of law (including any limitation
with respect to such provision of law) applicable to a court
of the United States (as that term is defined in section 451
of title 28), except to the extent that such provision of law
is inconsistent with a provision of this chapter.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
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