PUBLIC LAW 107-103 – DEC. 27, 2001
Veterans Education and
benefits Expansion Act OF
2001
Prime Sponsor: Mr. Christopher H.
Smith (NJ)
H.R. 1291 – Signed by President Bush on
December 27, 2001
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 assistance for eligibility for benefits
under the Montgomery GI Bill.
Sec. 107. Expansion of work-study
opportunities.
Sec. 108. Eligibility for survivors' and
dependents' educational assistance of spouses and surviving spouses of
veterans with total service-connected disabilities.
Sec. 109. Expansion of special restorative
training benefit to certain disabled spouses or surviving spouses.
Sec. 110. Inclusion of certain private
technology entities in definition of educational institution.
Sec. 111. Distance education.
TITLE II--COMPENSATION
AND PENSION PROVISIONS
Sec. 201. Modification and extension of
authorities on presumption of service-connection for herbicide-related
disabilities of Vietnam veterans.
Sec. 202. Payment of compensation for
Persian Gulf War veterans with certain chronic disabilities.
Sec. 203. Preservation of service
connection for undiagnosed illnesses to provide for participation in
research projects by Persian Gulf War veterans.
Sec. 204. Repeal of limitation on payments
of benefits to incompetent institutionalized veterans.
Sec. 205. Extension of round-down
requirement for compensation cost-of-living adjustments.
Sec. 206. Expansion of presumptions of
permanent and total disability for veterans applying for nonservice-connected
pension.
Sec. 207. Eligibility of veterans 65 years
of age or older for veterans' pension benefits.
TITLE III--TRANSITION AND
OUTREACH PROVISIONS
Sec. 301. Authority to establish overseas
veterans assistance offices to expand transition assistance.
Sec. 302. Timing of preseparation
counseling.
Sec. 303. Improvement in education and
training outreach services for separating servicemembers and veterans.
Sec. 304. Improvement of veterans outreach
programs.
TITLE IV--HOUSING MATTERS
Sec. 401. Increase in home loan guaranty
amount for construction and purchase of homes.
Sec. 402. Native American veteran housing
loan pilot program.
Sec. 403. Modification of loan assumption
notice requirement.
Sec. 404. Increase in assistance amount
for specially adapted housing.
Sec. 405. Extension of other housing
authorities.
Sec. 406. Clarifying amendment relating to
eligibility of members of the Selected Reserve for housing loans.
TITLE V--OTHER MATTERS
Sec. 501. Increase in burial benefits.
Sec. 502. Government markers for marked
graves at private cemeteries.
Sec. 503. Increase in amount of assistance
for automobile and adaptive equipment for certain disabled veterans.
Sec. 504. Extension of limitation on
pension for certain recipients of medicaid-covered nursing home care.
Sec. 505. Prohibition on provision of
certain benefits with respect to persons who are fugitive felons.
Sec. 506. Limitation on payment of
compensation for veterans remaining incarcerated since October 7, 1980.
Sec. 507. Elimination of requirement for
providing a copy of notice of appeal to the Secretary of Veterans
Affairs.
Sec. 508. Increase in fiscal year
limitation on number of veterans in programs of independent living
services and assistance.
Sec. 509. Technical and clerical
amendments.
TITLE VI--UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 601. Facilitation of staggered terms
of judges through temporary expansion of the Court.
Sec. 602. Repeal of requirement for
written notice regarding acceptance of reappointment as condition to
retirement from the Court.
Sec. 603. Termination of notice of
disagreement as jurisdictional requirement for the Court.
Sec. 604. Registration fees.
Sec. 605. Administrative authorities.
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;
`(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' EDUCATIONAL 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
beginning on or after that date.
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 allowance or assistance.
`(2) The payment of the subsistence
allowance and other assistance referred to in paragraph (1) is the
payment of such an allowance or assistance for the period described in
paragraph (3) to a veteran for participation in a vocational
rehabilitation program under this chapter if the Secretary finds that
the veteran had to suspend or discontinue participation in such
vocational rehabilitation program as a result of being ordered to serve
on active duty under 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 subsistence allowance and other assistance is not
charged against entitlement 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,'.
(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:
`Sec. 3014A. Accelerated
payment of basic educational assistance 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 assistance allowance otherwise payable to the individual
under section 3015 of this title.
`(b) An individual described in this
subsection is an individual who is--
`(1) enrolled in an approved program of
education that leads to employment in a high technology industry (as
determined 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 assistance
allowance otherwise payable to the individual under section 3015 of this
title.
`(c)(1) The amount of the accelerated
payment of basic educational assistance made to an individual making an
election under subsection (a) for a program of education shall be the
lesser of--
`(A) the amount equal to 60 percent of the
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 determined 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
program of education.
`(3) The educational institution providing
the program of education for which an accelerated payment of basic
educational assistance 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.
`(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 program of education; and
`(2) the amount of the established charges
for the program of education.
`(e)(1) Except as provided in paragraph
(2), for each accelerated payment of basic educational assistance made
to an individual under this section, the individual's 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 allowance otherwise payable to an individual
under section 3015 of this title increases during the enrollment period
of a program of education for which an accelerated payment of basic
educational assistance is made under this section, the charge to the
individual's entitlement to basic 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
ADMINISTRATIVE AUTHORITIES- Subsection (g) of section 3680 is amended to
read as follows:
`Determination of
Enrollment, Pursuit, and Attendance
`(g)(1) The Secretary may, pursuant to
regulations which the Secretary shall prescribe, determine and define
with respect to an eligible veteran and eligible person the following:
`(A) Enrollment in a course or program of
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.
`(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 individual'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 CERTAIN ADDITIONAL VIETNAM ERA VETERANS.
(a) ACTIVE DUTY PROGRAM- Section
3011(a)(1) is amended--
(1) by striking `or' at the end of
subparagraph (A);
(2) by adding `or' at the end of
subparagraph (B); and
(3) by adding at the end the following new
subparagraph:
`(C) as of December 31, 1989, was eligible
for educational assistance benefits under chapter 34 of this title and--
`(i) was not on active duty on October 19,
1984;
`(ii) reenlists or reenters on a period of
active duty on or after October 19, 1984; and
`(iii) on or after July 1, 1985, either--
`(I) serves at least three years of
continuous active duty in the Armed Forces; or
`(II) is discharged or released from
active duty (aa) for a service-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 convenience 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--
(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 educational assistance under chapter 34 of this title and--
`(i) was not on active duty on October 19,
1984;
`(ii) reenlists or reenters on a period of
active duty on or after October 19, 1984; and
`(iii) on or after July 1, 1985--
`(I) serves at least two years of
continuous active duty in the Armed Forces, subject to subsection (b) of
this section, characterized by the Secretary concerned as honorable
service; and
`(II) subject to subsection (b) of this
section and beginning within one year after completion of such two years
of service, serves at least four continuous years in the Selected
Reserve during which the individual participates satisfactorily in
training as prescribed by the Secretary concerned;'.
(c) TIME FOR USE OF ENTITLEMENT- Section
3031 is amended--
(1) in subsection (a)--
(A) by striking `and' at the end of
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 BENEFITS UNDER THE MONTGOMERY GI BILL.
(a) IN GENERAL- Sections 3011(c)(3)(B) and
3012(d)(3)(B) are each amended by striking `$2,000' and inserting
`$3,400'.
(b) EFFECTIVE DATE- The amendments made by
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 ACTIVITIES- Subsection (a) of section 3485 is amended to read
as follows:
`(a)(1) Individuals utilized under the
authority of subsection (b) shall be paid an additional educational
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.
`(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
beginning on the date of the enactment of the Veterans Education and
Benefits Expansion Act of 2001, outreach services to servicemembers and
veterans furnished by employees of a State approving agency.
`(B) The preparation and processing of
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
enactment 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 educational assistance under chapter 1606 of title 10, an
activity relating to the administration of that chapter at Department of
Defense, Coast Guard, or National Guard facilities.
`(F) During the five-year period beginning
on the date of the enactment of the Veterans Education and Benefits
Expansion Act of 2001, an activity relating to the administration of a
national cemetery or a State veterans' cemetery.
`(5) An individual may elect, in a manner
prescribed by the Secretary, to be paid in advance an amount equal to 40
percent of the total amount of the work-study 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.
SEC. 108. ELIGIBILITY FOR
SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE OF SPOUSES AND
SURVIVING SPOUSES OF VETERANS WITH TOTAL SERVICE-CONNECTED DISABILITIES.
(a) DESIGNATION OF ELIGIBILITY- Section
3501(a)(1)(D) is amended--
(1) by inserting `(i)' after `(D)'; and
(2) by inserting `(ii)' after `or'.
(b) RESTATEMENT AND EXPANSION OF TREATMENT
OF USE OF ELIGIBILITY- (1) Section 3511 is amended by adding at the end
the following new subsection:
`(c) Any entitlement used by an eligible
person as a result of eligibility under section 3501(a)(1)(A)(iii),
3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be 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
subparagraph. 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 reapplication
or attempt to reopen or readjudicate a claim for such assistance.
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'.
(b) EFFECTIVE DATE- The amendments made by
subsection (a) shall apply to enrollments in independent study courses
beginning on or after the date of the enactment of this Act.
TITLE II--COMPENSATION AND PENSION
PROVISIONS
SEC. 201. MODIFICATION
AND EXTENSION OF AUTHORITIES ON PRESUMPTION OF SERVICE-CONNECTION FOR
HERBICIDE-RELATED DISABILITIES OF VIETNAM VETERANS.
(a) PRESUMPTIVE PERIOD FOR RESPIRATORY
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 effective only as to claims filed on or after the
effective date of that limit.
(B) In the case of any veteran whose
disability or death due to respiratory cancer is found by the Secretary
to be service-connected under section 1116(a)(2)(F) of title 38, United
States Code, as amended by paragraph (1), such disability or death shall
remain service-connected for 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.
(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 paragraph (1)(B) of this subsection'.
(2)(A) The heading of that section is
amended to read as follows:
`Sec. 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'.
(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-CONNECTION 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 VETERANS WITH CERTAIN CHRONIC
DISABILITIES.
(a) ILLNESSES THAT CANNOT BE CLEARLY
DEFINED- (1) Subsection (a) of section 1117 is amended to read as
follows:
`(a)(1) The Secretary may pay compensation
under this subchapter to a Persian Gulf veteran with a qualifying
chronic disability that became manifest--
`(A) during service on active duty in the
Armed Forces in the Southwest Asia theater of operations during the
Persian Gulf War; or
`(B) to a degree of 10 percent or more
during the presumptive period prescribed under subsection (b).
`(2) For purposes of this subsection, the
term `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.
`(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
symptoms.
`(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 multisymptom illness include the following:
`(1) Fatigue.
`(2) Unexplained rashes or other
dermatological signs or symptoms.
`(3) Headache.
`(4) Muscle pain.
`(5) Joint pain.
`(6) Neurological signs and symptoms.
`(7) Neuropsychological signs or symptoms.
`(8) Signs or symptoms involving the upper
or lower respiratory system.
`(9) Sleep disturbances.
`(10) Gastrointestinal signs or symptoms.
`(11) Cardiovascular signs or symptoms.
`(12) Abnormal weight loss.
`(13) Menstrual disorders.'.
(2) Section 1118(a) is amended by adding
at the end the following new paragraph:
`(4) For purposes of this section, signs
or symptoms that may be a manifestation of an undiagnosed illness
include the signs and symptoms listed in section 1117(g) of this
title.'.
(c) EFFECTIVE DATE- The amendments made by
subsections (a) and (b) shall take effect on March 1, 2002.
(d) CLARIFICATION OF AUTHORITY TO PRESUME
SERVICE-CONNECTION FOR ADDITIONAL DISEASES- (1) Sections 1117(c)(2) and
1118(e) are each amended by striking `10 years' and all that follows
through `of 1998' and inserting `on September 30, 2011'.
(2) Section 1603(j) of the Persian Gulf
War Veterans Act of 1998 (38 U.S.C. 1117 note) is amended by striking
`10 years' and all that follows and inserting `on October 1, 2010.'.
SEC. 203. PRESERVATION OF
SERVICE CONNECTION FOR UNDIAGNOSED ILLNESSES TO PROVIDE FOR
PARTICIPATION IN RESEARCH PROJECTS BY PERSIAN GULF WAR VETERANS.
(a) AUTHORITY FOR SECRETARY TO PROVIDE FOR
PARTICIPATION WITHOUT LOSS OF BENEFITS- Section 1117 is amended by
adding after subsection (g), as added by section 202(b), the following
new subsection:
`(h)(1) If the Secretary determines with
respect to a medical research project sponsored by the Department that
it is necessary for the conduct of the project that Persian Gulf
veterans in receipt of compensation under this section or section 1118
of this title participate in the project 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
disability of a veteran who participated in the research project may not
be terminated. Except as provided in paragraph (2), nothwithstanding any
other provision of law any grant of service-connection protected under
this subsection shall 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 connection was based on fraud; or
`(B) it is clearly shown from military
records that the person concerned did not have the requisite service or
character of discharge.
`(3) The Secretary shall publish in the
Federal Register a list of medical research projects sponsored by the
Department for which service connection granted under this section or
section 1118 of this title may not be terminated pursuant to paragraph
(1).'.
(b) EFFECTIVE DATE- The authority provided
by subsection (h) of section 1117 of title 38, United States Code, as
added by subsection (a), may be used by the Secretary of Veterans
Affairs with respect to any medical research project of the Department
of Veterans Affairs, whether commenced before, on, or after the date of
the enactment of this Act.
SEC. 204. REPEAL OF
LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT INSTITUTIONALIZED
VETERANS.
(a) REPEAL- Section 5503 is amended--
(1) by striking subsections (b) and (c);
and
(2) by redesignating subsections (d), (e),
and (f) as subsections (b), (c), and (d), respectively.
(b) CONFORMING AMENDMENTS- (1) Section
1114(r) is amended by striking `section 5503(e)' and inserting `section
5503(c)'.
(2) Section 5112 is amended by striking
subsection (c).
SEC. 205. EXTENSION OF
ROUND-DOWN REQUIREMENT FOR COMPENSATION COST-OF-LIVING 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 certain to continue throughout the life of the
person.
`(4) Suffering from--
`(A) any disability which is sufficient to
render it impossible for the average person to 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 Secretary to be of such a nature or extent as to justify a
determination that persons suffering therefrom are permanently and
totally disabled.'.
(b) EFFECTIVE DATE- The amendment made by
subsection (a) shall take effect as of September 17, 2001.
SEC. 207. ELIGIBILITY OF
VETERANS 65 YEARS OF AGE OR OLDER FOR VETERANS' PENSION BENEFITS.
(a) IN GENERAL- (1) Subchapter II of
chapter 15 is amended by inserting after section 1512 the following new
section:
`Sec. 1513. Veterans 65
years of age and older
`(a) The Secretary shall pay to each
veteran of a period of war who is 65 years of age or older and who meets
the service requirements of section 1521 of this title (as prescribed in
subsection (j) of that section) pension at the rates prescribed by 1521
of this title and under the conditions (other than the permanent and
total disability requirement) applicable to pension paid under that
section.
`(b) If a veteran is eligible for pension
under both this section and section 1521 of this title, pension shall be
paid to the veteran only under section 1521 of this title.'.
(2) The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1512 the following new item:
`1513. Veterans 65 years of age and
older.'.
(b) CONFORMING AMENDMENTS- (1) Section
1521(f)(1) is amended by inserting `or the age and service requirements
prescribed in section 1513 of this title,' after `of this section,'.
(2) Section 1522(a) is amended by
inserting `1513 or' after `under section'.
(c) EFFECTIVE DATE- The amendments made by
this section shall take effect as of September 17, 2001.
TITLE III--TRANSITION AND OUTREACH
PROVISIONS
SEC. 301. AUTHORITY TO
ESTABLISH OVERSEAS VETERANS ASSISTANCE OFFICES TO EXPAND 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 Secretary, after consultation with the Secretary of Defense,
determines to be necessary to carry out such purposes.'.
SEC. 302. TIMING OF
PRESEPARATION COUNSELING.
(a) IN GENERAL- (1) The first sentence of
section 1142(a)(1) of title 10, United States Code, is amended to read
as follows: `Within the time periods specified in paragraph (3), the
Secretary 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 AGENCIES- 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 Secretary under chapter 77 of this title for education
and training benefits, each State approving agency shall conduct
outreach programs and provide outreach services to eligible persons and
veterans about education and 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
or dependent information concerning benefits and health care services
under programs administered by the Secretary. Such information 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 PROGRAM.
(a) EXTENSION OF PILOT PROGRAM- Section
3761(c) is amended by striking `December 31, 2001' and inserting
`December 31, 2005'.
(b) AUTHORIZATION OF THE USE OF CERTAIN
FEDERAL MEMORANDUMS 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 REQUIREMENT.
Section 3714(d) is amended to read as
follows:
`(d) With respect to a loan guaranteed,
insured, or made under this chapter, the Secretary shall provide, by
regulation, that at least one instrument evidencing either the loan or
the mortgage or deed of trust therefor, shall 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'.
(b) ENHANCED LOAN ASSET SALE AUTHORITY-
Section 3720(h)(2) is amended by striking `December 31, 2008' and
inserting `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)(11) 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
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 striking `$150' each place it appears and inserting `$300'.
(2) The amendments made by paragraph (1)
shall apply to deaths occurring on or after December 1, 2001.
SEC. 502. GOVERNMENT
MARKERS FOR MARKED GRAVES AT PRIVATE CEMETERIES.
(a) GOVERNMENT MARKER BENEFIT- Section
2306 of title 38, United States Code, is amended--
(1) by redesignating subsections (d) and
(e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the
following new subsection (d):
`(d)(1) The Secretary shall furnish, when
requested, an appropriate Government marker at the expense of the United
States for the grave of an individual described in paragraph (2) or (5)
of subsection (a) who is buried in a private cemetery, notwithstanding
that the grave is marked by a headstone or marker furnished at private
expense. Such a marker may be furnished only if the individual making
the request for the Government marker certifies to the Secretary that
the marker will be placed on the grave for which the marker is
requested.
`(2) Any marker furnished under this
subsection shall be delivered by the Secretary directly to the cemetery
where the grave is located.
`(3) The authority to furnish a marker
under this 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:
`(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
cemeteries 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 (a) and (b) shall apply with respect to markers for the
graves of individuals dying on or after the date of the enactment of
this Act.
SEC. 503. INCREASE IN
AMOUNT OF ASSISTANCE FOR 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 by 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:
`Sec. 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 confinement 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.
`(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 person 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 agreements 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 UNDERSTANDING 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.
SEC. 506. LIMITATION ON
PAYMENT OF COMPENSATION FOR VETERANS REMAINING INCARCERATED SINCE
OCTOBER 7, 1980.
(a) LIMITATION- Section 5313 of title 38,
United States Code, other than subsection (d) of that section, shall
apply with respect to the payment of compensation to or with respect to
any veteran described in subsection (b).
(b) COVERED VETERANS- A veteran described
in this subsection is a veteran who is entitled to compensation and
who--
(1) on October 7, 1980, was incarcerated
in a Federal, State, or local penal institution for a felony committed
before that date; and
(2) remains so incarcerated for conviction
of that felony as of the date of the enactment of this Act.
(c) EFFECTIVE DATE- This section shall
apply with respect to the payment of compensation for months beginning
on or after the end of the 90-day period beginning on the date of the
enactment of this Act.
(d) COMPENSATION DEFINED- For purposes of
this section, the term `compensation' has the meaning given that term in
section 5313 of title 38, United States Code.
SEC. 507. ELIMINATION OF
REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF APPEAL TO THE SECRETARY OF
VETERANS 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) shall take effect as of September 30, 2001.
SEC. 509. TECHNICAL AND
CLERICAL AMENDMENTS.
(a) REPEAL OF EXPIRED PROVISION- (1)
Section 712 is repealed.
(2) The table of sections at the beginning
of chapter 7 is amended by striking the item relating to section 712.
(b) CORRECTION OF WORD OMISSION- Section
1710B(c)(2)(B) is amended by inserting `on' before `November 30, 1999'.
(c) REPEAL OF ERRONEOUS CROSS REFERENCE-
Section 1729B(b) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3),
and (4) as paragraphs (1), (2), and (3), respectively.
(d) CORRECTION OF CROSS REFERENCE- Section
3695(a)(5) is amended by striking `1610' and inserting `1611'.
(e) STYLISTIC CORRECTION- Section
1001(a)(2) of the Veterans' Benefits Improvements Act of 1994 (Public
Law 103-446; 38 U.S.C. 7721 note) is amended by striking `and' at the
end of subparagraph (C).
(f) CORRECTION OF PREVIOUS AMENDMENT-
Effective November 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
`and inserting `a';' and inserting `the first place it appears and
inserting `an';'.
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';
(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 JURISDICTIONAL REQUIREMENT FOR THE COURT.
(a) TERMINATION- Section 402 of the
Veterans' Judicial Review Act (division A of Public Law 100-687; 102
Stat. 4122; 38 U.S.C. 7251 note) is repealed.
(b) ATTORNEY FEES- Section 403 of the
Veterans' Judicial Review Act (102 Stat. 4122; 38 U.S.C. 5904 note) is
repealed.
(c) CONSTRUCTION- The repeal in subsection
(a) may not be construed to confer upon the United States Court of
Appeals for Veterans Claims jurisdiction over any appeal or other matter
not within the jurisdiction of the Court as provided in section 7266(a)
of title 38, United States Code.
(d) APPLICABILITY- The repeals made by
subsections (a) and (b) shall apply to any appeal filed with the United
States Court of Appeals for Veterans Claims--
(1) on or after the date of the enactment
of this Act; or
(2) before the date of the enactment of
this Act but in which a final decision has not been made under section
7291 of title 38, United States Code, as of that date.
SEC. 604. REGISTRATION
FEES.
(a) FEES FOR COURT-SPONSORED ACTIVITIES-
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 of this title; and
`(B) other activities and programs of the
Court that are intended to support and foster communication and
relationships between the Court and persons practicing before the Court
or the study, understanding, public 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:
`Sec. 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:
`Sec. 7287.
Administration
`Notwithstanding any other provision of
law, the Court of Appeals for Veterans Claims may exercise, for purposes
of management, 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 beginning of such chapter is amended by inserting after
the item related to section 7286 the following new item:
`7287. Administration.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
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