H. R. 1291
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To amend title 38, United States Code, to modify and improve authorities relating
to education benefits, compensation and pension benefits, housing benefits, burial
benefits, and vocational rehabilitation benefits for veterans, to modify certain
authorities relating to the United States Court of Appeals for Veterans Claims,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans
Education and Benefits Expansion Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of this 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.
Sec. 106. Increase in maximum allowable annual Senior ROTC educational assist-
ance 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 disabil-
ities.
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-con-
nection 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 institutional-
ized veterans.
Sec. 205. Extension of round-down requirement for compensation cost-of-living ad-
justments.
Sec. 206. Expansion of presumptions of permanent and total disability for veterans
applying for nonservice-connected pension.
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Sec. 207. Eligibility of veterans 65 years of age or older for veterans’ pension bene-
fits.
TITLE III—TRANSITION AND OUTREACH PROVISIONS
Sec. 301. Authority to establish overseas veterans assistance offices to expand tran-
sition 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.
Sec. 504. Extension of limitation on pension for certain recipients of medicaid-cov-
ered 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 incarcer-
ated 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 ASSISTANCE
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 pursued on a
full-time basis, at the monthly rate of—
‘‘(A) for months beginning on or after January 1, 2002,
$800;
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‘‘(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 subsequent fiscal
year, the amount for months occurring 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 pursued on a
full-time basis, at the monthly rate of—
‘‘(A) for months beginning on or after January 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 subsequent fiscal
year, the amount for months occurring 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 DEPENDENTS’ EDU-
CATIONAL ASSISTANCE.
(a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.—
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 inserting
‘‘$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 begin-
ning on or after that date.
H. R. 1291—4
SEC. 103. RESTORATION OF CERTAIN EDUCATION BENEFITS 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 section, if
an eligible person, during the delimiting period otherwise 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 subsection:
‘‘(e)(1) Notwithstanding any other provision of this chapter
or chapter 36 of this title, any payment of a subsistence 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 allow-
ance or assistance.
‘‘(2) The payment of the subsistence allowance and other assist-
ance referred to in paragraph (1) is the payment of such an allow-
ance or assistance for the period described in paragraph (3) to
a veteran for participation in a vocational rehabilitation program
under this chapter if the Secretary finds that the veteran had
to suspend or discontinue participation in such vocational rehabilita-
tion program 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.
‘‘(3) The period for which, by reason of this subsection, a subsist-
ence allowance and other assistance is not charged against entitle-
ment or counted toward the applicable aggregate period under
section 3695 of this title shall be the period of participation in
the vocational rehabilitation program for which the veteran failed
to receive credit or with respect to which the veteran lost training
time, as determined 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 determined 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,’’.
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(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect as of September 11, 2001.
SEC. 104. ACCELERATED PAYMENTS OF EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL FOR EDUCATION LEADING
TO EMPLOYMENT IN HIGH TECHNOLOGY INDUSTRY.
(a) IN GENERAL.—(1) Chapter 30 is amended by inserting after
section 3014 the following new section:
‘‘§ 3014A. Accelerated payment of basic educational assist-
ance for education leading to employment in high
technology industry
‘‘(a) An individual described in subsection (b) who is entitled
to basic educational assistance under this subchapter may elect
to receive an accelerated payment of the basic educational assist-
ance allowance otherwise payable to the individual under section
3015 of this title.
‘‘(b) An individual described in this subsection is an individual
who is—
‘‘(1) enrolled in an approved program of education that
leads to employment in a high technology industry (as deter-
mined pursuant to regulations prescribed by the Secretary);
and
‘‘(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal
to 200 percent of the monthly rate of basic educational assist-
ance allowance otherwise payable to the individual under sec-
tion 3015 of this title.
‘‘(c)(1) The amount of the accelerated payment of basic edu-
cational assistance made to an individual making an election under
subsection (a) for a program of education shall be the lesser of—
‘‘(A) the amount equal to 60 percent of the established
charges for the program of education; or
‘‘(B) the aggregate amount of basic educational assistance
to which the individual remains entitled under this chapter
at the time of the payment.
‘‘(2) In this subsection, the term ‘established charges’, in the
case of a program of education, means the actual charges (as deter-
mined pursuant to regulations prescribed by the Secretary) for
tuition and fees which similarly circumstanced nonveterans enrolled
in the program of education would be required to pay. Established
charges shall be determined on the following basis:
‘‘(A) In the case of an individual enrolled in a program
of education offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the term,
quarter, or semester.
‘‘(B) In the case of an individual enrolled in a program
of education not offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the entire pro-
gram of education.
‘‘(3) The educational institution providing the program of edu-
cation for which an accelerated payment of basic educational assist-
ance allowance is elected by an individual under subsection (a)
shall certify to the Secretary the amount of the established charges
for the program of education.
H. R. 1291—6
‘‘(d) An accelerated payment of basic educational assistance
made to an individual under this section for a program of education
shall be made not later than the last day of the month immediately
following the month in which the Secretary receives a certification
from the educational institution regarding—
‘‘(1) the individual’s enrollment in and pursuit of the pro-
gram of education; and
‘‘(2) the amount of the established charges for the program
of education.
‘‘(e)(1) Except as provided in paragraph (2), for each accelerated
payment of basic educational assistance made to an individual
under this section, the individual’s entitlement to basic educational
assistance under this chapter shall be charged the number of
months (and any fraction thereof) determined by dividing the
amount of the accelerated payment by the full-time monthly rate
of basic educational assistance allowance otherwise payable to the
individual under section 3015 of this title as of the beginning
date of the enrollment period for the program of education for
which the accelerated payment is made.
‘‘(2) If the monthly rate of basic educational assistance allow-
ance otherwise payable to an individual under section 3015 of
this title increases during the enrollment period of a program
of education for which an accelerated payment of basic educational
assistance is made under this section, the charge to the individual’s
entitlement to basic educational assistance under this chapter shall
be determined by prorating the entitlement chargeable, in the
matter provided for under paragraph (1), for the periods covered
by the initial rate and increased rate, respectively, in accordance
with regulations prescribed by the Secretary.
‘‘(f) The Secretary may not make an accelerated payment under
this section for a program of education to an individual who has
received an advance payment under section 3680(d) of this title
for the same enrollment period.
‘‘(g) The Secretary shall prescribe regulations to carry out this
section. The regulations shall include requirements, conditions, and
methods for the request, issuance, delivery, certification of receipt
and use, and recovery of overpayment of an accelerated payment
under this section.’’.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 3014 the
following new item:
‘‘3014A. Accelerated payment of basic educational assistance for education leading
to employment in high technology industry.’’.
(b) RESTATEMENT AND ENHANCEMENT OF CERTAIN ADMINISTRA-
TIVE 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 education or
training.
‘‘(B) Pursuit of a course or program of education or training.
‘‘(C) Attendance at a course or program of education or
training.
H. R. 1291—7
‘‘(2) The Secretary may withhold payment of benefits to an
eligible veteran or eligible person until the Secretary receives such
proof as the Secretary may require of enrollment in and satisfactory
pursuit of a program of education by the eligible veteran or eligible
person. The Secretary shall adjust the payment withheld, when
necessary, on the basis of the proof the Secretary receives.
‘‘(3) In the case of an individual other than an individual
described in paragraph (4), the Secretary may accept the individ-
ual’s monthly certification of enrollment in and satisfactory pursuit
of a program of education as sufficient proof of the certified matters.
‘‘(4) In the case of an individual who has received an accelerated
payment of basic educational assistance under section 3014A of
this title during an enrollment period for a program of education,
the Secretary may accept the individual’s certification of enrollment
in and satisfactory pursuit of the program of education as sufficient
proof of the certified matters if the certification is submitted after
the enrollment period has ended.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect October 1, 2002, and shall apply with respect
to enrollments in courses or programs of education or training
beginning on or after that date.
SEC. 105. ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS OF CER-
TAIN ADDITIONAL VIETNAM ERA VETERANS.
(a) ACTIVE DUTY PROGRAM.—Section 3011(a)(1) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (A);
(2) by adding ‘‘or’’ at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
‘‘(C) as of December 31, 1989, was eligible for edu-
cational 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-connected disability, for a medical
condition which preexisted such service on active
duty and which the Secretary determines is not
service connected, for hardship, or for a physical
or mental condition that was not characterized
as a disability, as described in subparagraph
(A)(ii)(I) of this paragraph, (bb) for the convenience
of the Government, if the individual completed
not less than 30 months of continuous active duty
after that date, or (cc) involuntarily for the conven-
ience of the Government as a result of a reduction
in force, as determined by the Secretary of the
military department concerned in accordance with
regulations prescribed by the Secretary of Defense
or by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as
a service in the Navy;’’.
(b) SELECTED
RESERVE
PROGRAM.—Section 3012(a)(1) is
amended—
H. R. 1291—8
(1) by striking ‘‘or’’ at the end of subparagraph (A);
(2) by adding ‘‘or’’ at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
‘‘(C) as of December 31, 1989, was eligible for edu-
cational 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 sub-
section (b) of this section, characterized by the
Secretary concerned as honorable service; and
‘‘(II) subject to subsection (b) of this section
and beginning within one year after completion
of such two years of service, serves at least four
continuous years in the Selected Reserve during
which the individual participates satisfactorily in
training as prescribed by the Secretary con-
cerned;’’.
(c) TIME FOR USE OF ENTITLEMENT.—Section 3031 is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) in the case of an individual who becomes entitled
to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C)
of this title, on the date of the enactment of this paragraph.’’;
and
(2) in subsection (e)(1), by striking ‘‘section 3011(a)(1)(B)
or 
3012(a)(1)(B)’’ 
and 
inserting 
‘‘section 
3011(a)(1)(B),
3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C)’’.
SEC. 106. INCREASE IN MAXIMUM ALLOWABLE ANNUAL SENIOR ROTC
EDUCATIONAL ASSISTANCE FOR ELIGIBILITY FOR BENE-
FITS 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 subsection
(a) shall apply with respect to educational assistance allowances
paid under chapter 30 of title 38, United States Code, for months
beginning after the date of the enactment of this Act.
SEC. 107. EXPANSION OF WORK-STUDY OPPORTUNITIES.
(a) FIVE-YEAR EXPANSION OF QUALIFYING WORK-STUDY ACTIVI-
TIES.—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 assistance 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 applicable
period.
H. R. 1291—9
‘‘(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, required in connection with a qualifying work-
study activity.
‘‘(4) For the purposes of this section, the term ‘qualifying work-
study activity’ means any of the following:
‘‘(A) The outreach services program under subchapter II
of chapter 77 of this title as carried out under the supervision
of a Department employee or, during the five-year period begin-
ning 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 necessary papers
and other documents at educational institutions or regional
offices or facilities of the Department.
‘‘(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 enact-
ment of the Veterans Education and Benefits Expansion Act
of 2001, the provision 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 receiving edu-
cational 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 relating to the administra-
tion 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 allowance 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 comparable law of
the State in which the services are to be performed, if such
wage is higher than the wage referred 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.
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SEC. 108. ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’ EDU-
CATIONAL ASSISTANCE OF SPOUSES AND SURVIVING
SPOUSES OF VETERANS WITH TOTAL SERVICE-CON-
NECTED DISABILITIES.
(a) DESIGNATION
OF
ELIGIBILITY.—Section 3501(a)(1)(D) is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(2) by inserting ‘‘(ii)’’ after ‘‘or’’.
(b) RESTATEMENT AND EXPANSION OF TREATMENT OF USE OF
ELIGIBILITY.—(1) Section 3511 is amended by adding at the end
the following new subsection:
‘‘(c) Any entitlement used by an eligible person as a result
of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or
3501(a)(1)(D)(i) of this title shall be deducted from any entitlement
to which such person may subsequently be entitled under this
chapter.’’.
(2) Section 3512 is amended by striking subsection (g).
(c) DELIMITING PERIOD.—(1) Section 3511(a)(1) is amended by
adding at the end the following new sentence: ‘‘In no event may
the aggregate educational assistance afforded 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 assistance under this chapter
during the 10-year period beginning on the date (as determined
by the Secretary) the person becomes an eligible person within
the 
meaning 
of 
section 
3501(a)(1)(B), 
3501(a)(1)(D)(i), 
or
3501(a)(1)(D)(ii) of this title. In the case of a surviving spouse
made eligible by clause (ii) of section 3501(a)(1)(D) of this title,
the 10-year period may not be reduced by any earlier period during
which the person was 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 subpara-
graph. The beginning date so elected may be any date between
the beginning date determined for the person under subparagraph
(A) and whichever of the following dates applies:
‘‘(i) The date on which the Secretary notifies the veteran
from whom eligibility is derived that the veteran has a service-
connected total disability permanent in nature.
‘‘(ii) The date on which the Secretary determines that the
veteran from whom eligibility is derived died of a service-
connected disability.’’.
(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 administrative or judicial)
of the eligibility of a spouse or surviving spouse for educational
assistance under chapter 35 of title 38, United States Code, made
on or after the date of the enactment of this Act, whether pursuant
to an original claim for such assistance or pursuant to a reapplica-
tion or attempt to reopen or readjudicate a claim for such assistance.
H. R. 1291—11
SEC. 109. EXPANSION OF SPECIAL RESTORATIVE TRAINING BENEFIT
TO 
CERTAIN 
DISABLED 
SPOUSES 
OR 
SURVIVING
SPOUSES.
(a) IN GENERAL.—Section 3540 is amended by striking ‘‘section
3501(a)(1)(A) of this title’’ and inserting ‘‘subparagraphs (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 striking ‘‘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 inserting ‘‘the eligible
person shall be entitled to receive’’; 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 provided 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 training under
section 3541(a) of this title on behalf of an eligible 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 allowance
provided for under such section; and
‘‘(3) to agree with the Secretary on the fair and reasonable
amounts which may be charged under subsection (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 another entity (that meets such requirements),
a course or courses to fulfill requirements for the attainment of
a license or certificate generally recognized as necessary to obtain,
maintain, or advance in employment in a profession or vocation
in a high technology occupation (as determined by the Secretary).’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to enrollments in courses 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 attainment offered by
an institution of higher learning’’.
H. R. 1291—12
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to enrollments in independent study courses begin-
ning 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 HERBI-
CIDE-RELATED DISABILITIES OF VIETNAM VETERANS.
(a) PRESUMPTIVE PERIOD FOR RESPIRATORY CANCERS.—(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 warranted 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 effec-
tive 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-con-
nected 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 purposes of all provisions of law under such
title notwithstanding the imposition, if any, of a time limit by
the Secretary 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.