Veterans Education and Benefits Expansion Act of 2001
PL 107-103 (H.R.1291), enacted 12/27/2001

115 STAT. 976 
PUBLIC LAW 107-103—DEC. 27, 2001 
Dec. 27, 2001 
[H.R. 1291] 
Public Law 107-103 
107th Congress 
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 Appeeds for Veterans Claims, 
and for other purposes. 
Veterans 
Education and 
Benefits 
Expansion Act of 
2001. 
38 u s e 101 note. 
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' ana 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. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 977 
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 pajonent 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 hmitation 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 o
f
— 
"(A) for months beginning on or after January 1, 2002, 
$800; 
115 STAT. 978 
PUBLIC LAW 107-103—DEC. 27, 2001 
"(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". 
38 use 3015 
(b) CPI ADJUSTMENT.—No adjustment in rates of educational 
^ote. 
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". 
38 use 3532 
(e) EFFECTIVE DATE.—The amendments made by this section 
note- 
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. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 979 
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 antiended 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,". 
115 STAT. 980 
PUBLIC LAW 107-103—DEC. 27, 2001 
38 use 3013 
(e) EFFECTIVE DATE.—The amendments made by this section 
note. 
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. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 981 
"(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 Regulations. 
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. 
115 STAT. 982 
PUBLIC LAW 107-103—DEC. 27, 2001 
Applicability. 
38 use 3014A 
note. 
"(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. ELIGIBIUTY 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— 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 983 
(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 38USC3011 
(a) shall apply with respect to educational assistance allowances ^^ote-
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 o
f
— 
"(A) the applicable hourly minimum wage; and 
"(B) the number of hours worked during the applicable 
period. 
115 STAT. 984 
PUBLIC LAW 107-103—DEC. 27, 2001 
"(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.". 
38 use 3485 
(b) EFFECTIVE DATE.—The amendment made by this section 
note. 
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. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 985 
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)(l)(A)(iii), 3501(a)(1)(C), or 
3501(a)(l)(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)(l)(D)(i) and 3501(a)(l)(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)(l)(D)(i), 
or 
3501(a)(l)(D)(ii) of this title. In the case of a surviving spouse 
made eligible Ijy 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 Applicability. 
respect to any determination (whether administrative or judicial) 38 USC 3511 
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. 
115 STAT. 986 
PUBLIC LAW 107-103—DEC. 27, 2001 
Applicability. 
38 u s e 3452 
note. 
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 strik-
ing "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 sdlowance 
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". 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 987 
(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 
Applicability. 
38 u s e 3680A 
note. 
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 Ijased 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. 
Effective date. 
38USC1116 
note. 
Contracts. 
Deadline. 
38 u s e 1116 
note. 
Reports. 
38 u s e 1116 
note. 
38 u s e 1116 
note. 
115 STAT. 988 
PUBLIC LAW 107-103—DEC. 27, 2001 
(b) 
PRESUMPTION THAT 
DIABETES MELLITUS (TYPE 2) Is 
SERVICE-CONNECTED.—Subsection (a)(2) of section 1116 is further 
amended by adding at the end the following new subparagraph: 
"(H) Diabetes Mellitus (Type 2).". 
(c) PRESUMPTION OF EXPOSURE TO HERBICIDE AGENTS IN 
VIETNAM 
DURING VIETNAM ERA.—(1) Section 1116 is 
further 
amended— 
(A) by transferring paragraph (3) of subsection (a) to the 
end of the section and redesignating such paragraph, as so 
transferred, as subsection (f); 
(B) by redesignating paragraph (4) of subsection (a) as 
paragraph (3); and 
(C) in subsection (f), as transferred and redesignated by 
subparagraph (A) of this paragraph— 
(i) by striking "For the purposes of this subsection, 
a veteran" and inserting "For purposes of establishing 
service connection for a disability or death resulting from 
exposure to a herbicide agent, including a presumption 
of service-connection under this section, a veteran"; and 
(ii) by striking "and has a disease referred to in para-
graph (1)(B) of this subsection". 
(2)(A) The heading of that section is amended to read as follows: 
"§ 1116. Presumptions of service connection for diseases asso-
ciated with exposure to certain herbicide agents; 
presumption of exposure for veterans who served 
in the Republic of Vietnam". 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 11 is amended to read as follows: 
"1116. Presumptions of service connection for diseases associated with exposure to 
certain herbicide agents; presumption of exposure for veterans who 
served in the Republic of Vietnam.". 
(d) EXTENSION OF AUTHORITY TO PRESUME SERVICE-CONNEC-
TION FOR ADDITIONAL DISEASES.—(1) Subsection (e) of such section 
is amended by striking "10 years" and all that follows through 
"Agent Orange Act of 1991" and inserting "on September 30, 2015". 
(2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C. 
1116 note) is amended by striking "10 years" and all that follows 
and inserting "on October 1, 2014.". 
SEC. 202. PAYMENT OF COMPENSATION FOR PERSIAN GULF WAR VET-
ERANS WITH C E R T A I N C H R O N I C DISABILITIES. 
(a) ILLNESSES THAT CANNOT BE CLEARLY DEFINED.—(1) Sub-
section (a) of section 1117 is amended to read as follows: 
"(a)(1) The Secretary may pay compensation under this sub-
chapter to a Persian Gulf veteran with a qualifying chronic dis-
ability that became manifest— 
"(A) during service on active duty in the Armed Forces 
in the Southwest Asia theater of operations during the Persian 
Gulf War; or 
"(B) to a degree of 10 percent or more during the presump-
tive period prescribed under subsection (b). 
"(2) For purposes of this subsection, the term 'qualifying chronic 
disability' means a chronic disability resulting from any of the 
following (or any combination of any of the following): 
"(A) An undiagnosed illness. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 989 
"(B) A medically unexplained chronic multisymptom illness 
(such as chronic fatigue syndrome, fibromyalgia, and irritable 
bowel syndrome) that is defined by a cluster of signs or symp-
1 
toms 
"(C) Any diagnosed illness that the Secretary determines 
in regulations prescribed under subsection (d) warrants a 
presumption of service-connection.". 
(2) Subsection (c)(1) of such section is amended— 
(A) in the matter preceding subparagraph (A), by striking 
"for an undiagnosed illness (or combination of undiagnosed 
illnesses)"; and 
(B) in subparagraph (A), by striking "for such illness (or 
combination of illnesses)". 
(b) SIGNS OR SYMPTOMS THAT MAY INDICATE UNDIAGNOSED 
ILLNESSES.—(1) Such section is further amended by adding at the 
end the following new subsection: 
"(g) For purposes of this section, signs or symptoms that may 
be a manifestation of an undiagnosed illness or a chronic multisymp-
tom illness include the following: 
"(1) Fatigue. 
"(2) Unexplained rashes or other dermatological signs or 
symptoms. 
"(3) Headache. 
"(4) Muscle pain. 
"(5) Joint pain. 
"(6) Neurological signs and symptoms. 
"(7) Neuropsychological signs or symptoms. 
"(8) Signs or symptoms involving the upper or lower res-
piratory system. 
"(9) Sleep disturbances. 
"(10) Gastrointestinal signs or symptoms. 
"(11) Cardiovascular signs or symptoms. 
"(12) Abnormal weight loss. 
"(13) Menstrual disorders.". 
(2) Section 1118(a) is amended by adding at the end the fol-
lowing new paragraph: 
"(4) For purposes of this section, signs or symptoms that may 
be a manifestation of an undiagnosed illness include the signs 
and symptoms listed in section 1117(g) of this title.". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
38 USC 1117 
(a) and (b) shall take effect on March 1, 2002. 
note. 
(d) 
CLARIFICATION 
OF 
AUTHORITY 
TO 
PRESUME 
SERVICE-
CONNECTION FOR ADDITIONAL DISEASES.—(1) Sections 1117(c)(2) 
and 1118(e) are each amended by striking "10 years" and all that 
follows through "of 1998" and inserting "on September 30, 2011". 
(2) Section 1603(j) of the Persian Gulf War Veterans Act of 
1998 (38 U.S.C. 1117 note) is amended by striking "10 years" 
and all that follows and inserting "on October 1, 2010.". 
SEC. 
203. 
PRESERVATION 
OF 
SERVICE 
CONNECTION 
FOR 
UNDIAGNOSED ILLNESSES TO PROVIDE FOR PARTICIPA-
TION IN RESEARCH PROJECTS BY PERSIAN GULF WAR 
VETERANS. 
(a) AUTHORITY FOR SECRETARY TO PROVIDE FOR PARTICIPATION 
WITHOUT LOSS OF BENEFITS.—Section 1117 is amended by adding 
after subsection (g), as added by section 202(b), the following new 
subsection: 
115 STAT. 990 
PUBLIC LAW 107-103—DEC. 27, 2001 
"(h)(1) If the Secretary determines with respect to a medical 
research project sponsored by the Department that it is necessary 
for the conduct of the project that Persian Gulf veterans in receipt 
of compensation under this section or section 1118 of this title 
participate in the project without the possibility of loss of service 
connection under either such section, the Secretary shall provide 
that service connection granted under either such section for dis-
ability of a veteran who participated in the research project may 
not 
be terminated. 
Except 
as 
provided 
in 
paragraph 
(2), 
nothwithstanding any other provision of law any grant of service-
connection protected under this subsection shall remain service-
connected for purposes of all provisions of law under this title. 
"(2) Paragraph (1) does not apply in a case in which— 
"(A) the original award of compensation or service connec-
tion was based on fraud; or 
"(B) it is clearly shown from military records that the 
person concerned did not have the requisite service or character 
of discharge. 
Federal Register, 
"(3) The Secretary shall publish in the Federal Register a 
publication. 
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).". 
38 use 1117 
(b) EFFECTIVE DATE.—The authority provided by subsection 
note. 
(h) of section 1117 of title 38, United States Code, as added by 
subsection (a), may be used by the Secretary of Veterans Affairs 
with respect to any medical research project of the Department 
of Veterans Affairs, whether commenced before, on, or after the 
date of the enactment of this Act. 
SEC. 204. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO 
INCOMPETENT INSTITUTIONALIZED VETERANS. 
(a) REPEAL.—Section 5503 is amended— 
(1) by striking subsections (b) and (c); and 
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (b), (c), and (d), respectively. 
(b) CONFORMING AMENDMENTS.—(1) Section 1114(r) is amended 
by striking "section 5503(e)" and inserting "section 5503(c)". 
(2) Section 5112 is amended by striking subsection (c). 
SEC. 205. EXTENSION OF ROUND-DOWN REQUIREMENT FOR COM-
PENSATION COST-OF-LIVING ADJUSTMENTS. 
Sections 1104(a) and 1303(a) are amended by striking "2002" 
and inserting "2011". 
SEC. 206. EXPANSION OF PRESUMPTIONS OF PERMANENT AND TOTAL 
DISABILITY FOR VETERANS APPLYING FOR NONSERVICE-
CONNECTED PENSION. 
(a) IN GENERAL.—Section 1502(a) is amended by striking "such 
a person" and all that follows through the end of the subsection 
and inserting the following: "such person is any of the following: 
"(1) A patient in a nursing home for long-term care because 
of disability. 
"(2) Disabled, as determined by the Commissioner of Social 
Security for purposes of any benefits administered by the 
Commissioner. 
"(3) Unemployable as a result of disability reasonably cer-
tain to continue throughout the life of the person. 
"(4) Suffering from— 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 991 
"(A) any disability which is sufficient to render it 
impossible for the average person to follow a substantially 
gainful occupation, but only if it is reasonably certain that 
such disability will continue throughout the life of the 
person; or 
"(B) any disease or disorder determined by the Sec-
retary to be of such a nature or extent as to justify a 
determination that persons suffering therefrom are perma-
nently and totally disabled.", 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
38 USC 1502 
shall take effect as of September 17, 2001. 
note. 
SEC. 207. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER 
FOR VETERANS' PENSION BENEFITS. 
(a) I N GENERAL.—(1) Subchapter II of chapter 15 is amended 
by inserting after section 1512 the following new section: 
*
*
§ 1513. Veterans 65 years of age a n d older 
"(a) The Secretary shall pay to each veteran of a period of 
war who is 65 years of age or older and who meets the service 
requirements of section 1521 of this title (as prescribed in subsection 
(j) of that section) pension at the rates prescribed by 1521 of 
this title and under the conditions (other than the 
permanent 
and total disability requirement) applicable to pension paid under 
that section. 
"(b) If a veteran is eligible for pension under both this section 
and section 1521 of this title, pension shall be paid to the veteran 
only under section 1521 of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1512 
the following new item: 
"1513. Veterans 65 years of age and older.". 
(b) 
CONFORMING AMENDMENTS.—(1) Section 1521(f)(1) is 
amended by inserting "or the age and service requirements pre-
scribed in section 1513 of this title," after "of this section,". 
(2) Section 1522(a) is amended by inserting "1513 or" after 
"under section". 
(c) EFFECTIVE DATE.—The amendments made by this section 
38USC1513 
shall take effect as of September 17, 2001. 
note. 
TITLE HI—TRANSITION AND OUTREACH 
PROVISIONS 
SEC. 301. AUTHORITY TO ESTABLISH OVERSEAS VETERANS ASSIST-
ANCE OFFICES TO EXPAND TRANSITION ASSISTANCE. 
Section 7723(a) is amended by inserting after the first sentence 
the following new sentence: "The Secretary may maintain such 
offices on such military installations located elsewhere as the Sec-
retary, after consultation with the Secretary of Defense, determines 
to be necessary to carry out such purposes.". 
SEC. 302. TIMING OF PRESEPARATION COUNSELING. 
(a) I N GENERAL.—(1) The first sentence of section 1142(a)(1) 
of title 10, United States Code, is amended to read as follows: 
"Within the time periods specified in paragraph (3), the Secretary 
115 STAT. 992 
PUBLIC LAW 107-103—DEC. 27, 2001 
concerned shall (except as provided in paragraph (4)) provide for 
individual preseparation counseling of each member of the armed 
forces whose discharge 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 retirement date. In the case of 
a separation other than a retirement, preseparation counseling 
shall commence as soon as possible during the 12-month period 
preceding the anticipated 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 remaining 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 completion 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 disability.". 
(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 provided 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 
paragraph (4)(A) of such section.". 
SEC. 303. IMPROVEMENT IN EDUCATION AND TRAINING OUTREACH 
SERVICES FOR SEPARATING SERVICEMEMBERS AND 
VETERANS. 
(a) PROVIDING OUTREACH THROUGH STATE APPROVING AGEN-
CIES.—Section 3672(d) is amended by inserting "and State 
approving agencies" before "shall actively promote 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 paragraph: 
"(2) In conjunction with outreach services provided by the Sec-
retary under chapter 77 of this title for education and training 
benefits, each State approving agency shall conduct outreach pro-
grams and provide outreach services to eligible persons and veterans 
about education and training benefits available under applicable 
Federal and State law.". 
SEC. 304. IMPROVEMENT OF VETERANS OUTREACH PROGRAMS. 
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 (including a 
request for burial or related benefits or an application for life 
insurance proceeds), the Secretary shall provide to the veteran 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 993 
or dependent information concerning benefits and health care serv-
ices under programs administered by the Secretary. Such informa-
tion shall be provided not later than three months after the date 
of such application.". 
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 PRO-
GRAM. 
(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 FEDERAL MEMO-
RANDUMS OF UNDERSTANDING.—Section 3762(a)(1) is amended— 
(1) by inserting "(A)" after "(1)"; 
(2) by striking "and" after the semicolon and inserting 
"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 substantially complies with the requirements of 
subsection (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 REQUIRE-
MENT. 
Section 3714(d) is amended to read as follows: 
"(d) With respect to a loan guaranteed, insured, or made under Regulations, 
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 conspicuously 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 
Department of Veterans Affairs or its authorized agent'.". 
SEC. 
404. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY 
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 
SELECTED 
RESERVE.—Section 3702(a)(2)(E) is amended by striking "September 
30, 2007" and inserting "September 30, 2009". 
115 STAT. 994 
PUBLIC LAW 107-103—DEC. 27, 2001 
(b) 
ENHANCED 
LOAN 
ASSET 
SALE 
AUTHORITY.—Section 
3720(h)(2) is amended by striking "December 31, 2008" and insert-
ing "December 31, 2011". 
(c) HOME 
LOAN FEE AUTHORITIES.—^The table in section 
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 DEPARTMENT OF 
VETERANS AFFAIRS.—Section 3732(c)(ll) is amended by striking 
"October 1, 2008" and inserting "October 1, 2011". 
SEC. 406. CLARIFYING AMENDMENT RELATING TO ELIGIBILITY OF 
MEMBERS OF THE SELECTED RESERVE 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 
Applicability. 
38 use 2307 
note. 
Applicability. 
38 use 2303 
note. 
Expiration date. 
Deadline. 
Reports. 
SEC. 501. INCREASE IN BURIAL BENEFITS. 
(a) BURIAL AND FUNERAL EXPENSES.—(1) Clause (1) of section 
2307 is amended by striking "$1,500" and inserting "$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 amended by strik-
ing "$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 sub-
section (d): 
"(d)(1) The Secretary shall furnish, when requested, an appro-
priate 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, notwithstand-
ing 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 deliv-
ered by the Secretary directly to the cemetery where the grave 
is located. 
"(3) The authority to furnish a marker under this subsection 
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 include the following: 
note. 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 995 
"(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 delivered to ceme-
teries and placed on grave sites consistent with the provisions 
of this subsection. 
"(C) The Secretary's recommendation for extension or 
repeal of the expiration date specified in paragraph (3).". 
(b) DESIGN OF MARKER.—Subsection (c) of such section is 
amended by striking "subsection (a) or (b)" and inserting "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 Applicability, 
(a) and (b) shall apply with respect to markers for the graves 
38 USC 2306 
of individuals dying on or after the date of the enactment of this 
Act. 
SEC. 503. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE 
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-COVERED NURSING HOME 
CARE. 
Paragraph (7) of subsection (d) of section 5503, as redesignated 
by section 204(a), is amended Iby striking "September 30, 2008" 
and inserting "September 30, 2011". 
SEC. 505. PROHIBITION ON PROVISION OF CERTAIN BENEFITS WITH 
RESPECT TO PERSONS WHO ARE FUGITIVE FELONS. 
(a) PROHIBITION.—(1) Chapter 53 is amended by inserting 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 veteran 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 confine-
ment after conviction, for an offense, or an attempt to 
commit an offense, which is a felony 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 misdemeanor under 
the laws of a State which characterizes as high misdemeanors 
offenses that would be felony offenses under Federal law. 
89-194 O - 03 - 33 QL 3 Part 1 
115 STAT. 996 
PUBLIC LAW 107-103—DEC. 27, 2001 
"(3) The term 'dependent' means a spouse, surviving 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 person; 
"(B) identifies the person as being a fugitive felon; and 
"(C) certifies to the Secretary that apprehending such per-
son is within the official duties of such official. 
"(2) The Secretary shall enter into memoranda of understanding 
with Federal law enforcement agencies, and may enter into agree-
ments with State and local law enforcement agencies, for purposes 
of furnishing information to such agencies under paragraph (1).". 
(2) The table of sections at the beginning of that chapter 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 UNDER-
STANDING AND AGREEMENTS.—It is the sense of Congress that the 
memoranda of understanding and agreements 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. 
38 use 5313 
SEC. 506. LIMITATION ON PAYMENT OF COMPENSATION FOR VETER-
note. 
ANS 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. 
Applicability. 
(c) EFFECTIVE DATE.—^This section shall apply with respect 
to the payment of compensation for months beginning on or after 
the end of the 90-day period beginning on the date of the enactment 
of this Act. 
P U B L I C L A W 1 0 7 - 1 0 3 — D E C . 27, 2 0 0 1 
115 STAT. 997 
(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 SECRETARY OF VET-
ERANS AFFAIRS. 
(a) REPEAL.—Section 7266 is amended by striking subsection 
(b). 
(b) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
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 NUMBER OF 
VETERANS IN PROGRAMS OF INDEPENDENT LIVING 
SERVICES AND ASSISTANCE. 
(a) INCREASE IN LIMITATION.—Section 3120(e) is amended by 
striking "five hundred" and inserting "2,500". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
38 USC 3120 
shall take effect as of September 30, 2001. 
note. 
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 O F WORD OMISSION.—Section 1710B(c)(2)(B) 
is amended by inserting "on" before "November 30, 1999". 
(c) 
REPEAL 
O F 
ERRONEOUS 
CROSS 
REFERENCE.—Section 
1729B(b) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2), (3), and (4) as para-
graphs (1), (2), and (3), respectively. 
(d) CORRECTION O F 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.—Effective November 
Effective date. 
30, 1999, and as if included therein as originally 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 
38 USC 7366. 
"and inserting 'a';" and inserting "the first place it appears and 
inserting 'an';". 
115 STAT. 998 
PUBLIC LAW 107-103—DEC. 27, 2001 
TITLE 
VI—UNITED 
STATES 
COURT 
OF 
APPEALS 
FOR 
VETERANS 
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 subsection pursuant to a nomination 
made in 2003, a judge may be appointed under this subsection 
pursuant to a nomination 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 retirement 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 Veterans 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 enactment 
of this subsection who was appointed to the Court before 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 remaining 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 purposes 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 "APPOINTMENT.—" before 
"The judges"; 
(2) in subsection (c), by inserting "TERM OF OFFICE.—" 
before "The term"; 
PUBLIC LAW 107-103—DEC. 27, 2001 
115 STAT. 999 
(3) in subsection (f), by striking "(f)(1)" and inserting "(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 REAPPOINTMENT 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 JURISDIC-
TIONAL REQUIREMENT FOR THE COURT. 
(a) TERMINATION.—Section 402 of the Veterans' Judicial Review 
Act (division A of PubHc Law 100-687; 102 Stat. 4122; 38 U.S.C. 
7251 note) is repealed. 
(b) ATTORNEY FEES.—Section 403 of the Veterans' Judicial 
Review Act (102 Stat. 4122; 38 U.S.C. 5904 note) is repealed. 
(c) CONSTRUCTION.—The repeal in subsection (a) may not be 38USC7251 
construed to confer upon the United States Court of Appeals for °ote. 
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.—Subsection (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 ofthis 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 
commemoration, 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: 
115 STAT. 1000 
PUBLIC LAW 107-103—DEC. 27, 2001 
*
*
§ 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 purposes of manage-
ment, administration, and expenditure of funds of the Court, the 
authorities provided for such purposes 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 begin-
ning of such chapter is amended by inserting after the item related 
to section 7286 the following new item: 
"7287. Administration.". 
Approved December 27, 2001. 
L E G I S L A T I V E H I S T O R Y — H . R . 1291 (S. 1088): 
SENATE REPORTS: No. 107-86 accompanying S. 1088 (Comm. on Veterans' Af-
fairs). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
June 19, considered and passed House. 
Dec. 7, considered and passed Senate, amended, in lieu of S. 1088. 
Dec. 11, House concurred in Senate amendments with an amendment pursu-
ant to H. Res. 310. 
Dec. 13, Senate concurred in House amendment.