[Congressional Record Volume 147, Number 169 (Friday, December 7, 2001)]
[Senate]
[Pages S12746-S12752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' BENEFITS IMPROVEMENT ACT OF 2001

  Mr. REID. I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 194, S. 1088.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1088) to amend title 38, United States Code, to 
     facilitate the use of educational assistance under the 
     Montgomery GI Bill for education leading to employment in 
     high technology industry, and for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Veterans' Affairs, 
with an amendment to strike all after the enacting clause and inserting 
in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Benefits Improvement Act of 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                       TITLE I--EDUCATION MATTERS

Sec. 101. Increase in rates of basic educational assistance under 
              Montgomery GI Bill.
Sec. 102. Authority for accelerated payments of basic educational 
              assistance under Montgomery GI Bill.
Sec. 103. Accelerated payments of educational assistance under 
              Montgomery GI Bill for education leading to employment in 
              high technology industry.
Sec. 104. Eligibility for Montgomery GI Bill benefits of certain 
              additional Vietnam era veterans.
Sec. 105. Inclusion of certain private technology entities in 
              definition of educational institution.

               TITLE II--COMPENSATION AND PENSION MATTERS

Sec. 201. Modification and extension of authorities on presumption of 
              service-connection for herbicide-related disabilities of 
              Vietnam era veterans.
Sec. 202. Compensation for disabilities of Persian Gulf War veterans.
Sec. 203. Exclusion of certain additional income from determinations of 
              annual income for pension purposes.
Sec. 204. Time limitation on receipt of claim information pursuant to 
              request by Department of Veterans Affairs.
Sec. 205. Effective date of change in recurring income for pension 
              purposes.
Sec. 206. Prohibition on provision of certain benefits with respect to 
              veterans who are fugitive felons.
Sec. 207. Limitation on payment of compensation for veterans remaining 
              incarcerated for felonies committed before October 7, 
              1980.
Sec. 208. Repeal of limitation on payments of benefits to incompetent 
              institutionalized veterans.
Sec. 209. Extension of certain expiring authorities.

                       TITLE III--HOUSING MATTERS

Sec. 301. Increase in home loan guaranty amount for construction and 
              purchase of homes.
Sec. 302. Four-year extension of Native American Veterans Housing Loan 
              Program.
Sec. 303. Extension of other expiring authorities.

                        TITLE IV--BURIAL MATTERS

Sec. 401. Increase in burial and funeral expense benefit for veterans 
              who die of service-connected disabilities.
Sec. 402. Authority to provide bronze grave markers for privately 
              marked graves.

                    TITLE V--OTHER BENEFITS MATTERS

Sec. 501. Repeal of fiscal year limitation on number of veterans in 
              programs of independent living services and assistance.

      TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Sec. 601. Temporary expansion of United States Court of Appeals for 
              Veterans Claims to facilitate staggered terms of judges.
Sec. 602. Repeal of requirement for written notice regarding acceptance 
              of reappointment as condition to retirement from United 
              States Court of Appeals for Veterans Claims.
Sec. 603. Termination of notice of disagreement as jurisdictional 
              requirement for United States Court of Appeals for 
              Veterans Claims.
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--EDUCATION MATTERS

     SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE 
                   UNDER MONTGOMERY GI BILL.

       (a) Active Duty Educational Assistance.--Section 3015 is 
     amended--
       (1) in subsection (a)(1), by striking ``$650 (as increased 
     from time to time under subsection (h))'' and inserting 
     ``$700, for months beginning after September 30, 2001, but 
     before September 30, 2002, $800 for months beginning after 
     September 30, 2002, but before September 30, 2003, and $950 
     for months beginning after September 30, 2003, but before 
     September 30, 2004, and as increased from time to time under 
     subsection (h) after September 30, 2004,''; and
       (2) in subsection (b)(1), by striking ``$528 (as increased 
     from time to time under subsection (h))'' and inserting 
     ``$569, for months beginning after September 30, 2001, but 
     before September 30, 2002, $650 for months beginning after 
     September 30, 2002, but before September 30, 2003, and $772 
     for months beginning after September 30, 2003, but before 
     September 30, 2004, and as increased from time to time under 
     subsection (h) after September 30, 2004,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2001, and shall apply with 
     respect to educational assistance allowances paid under 
     chapter 30 of title 38, United States Code, for months after 
     September 2001. However, no adjustment shall be made under 
     section 3015(h) of title 38, United States Code, for fiscal 
     years 2002, 2003, or 2004.

     SEC. 102. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC 
                   EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI 
                   BILL.

       (a) In General.--Section 3014 is amended by adding at the 
     end the following new subsection:
       ``(c)(1)(A) Notwithstanding any other provision of this 
     chapter and subject to subparagraph (B), an individual 
     entitled to basic educational assistance under this 
     subchapter may elect to receive an accelerated payment of the 
     basic educational assistance allowance.
       ``(B) The Secretary may not make an accelerated payment 
     under this subsection for a course to an individual who has 
     received an advance payment under section 3014A or 3680(d) of 
     this title for the same enrollment period.
       ``(2)(A) Pursuant to an election under paragraph (1), the 
     Secretary shall make an accelerated payment to an individual 
     for a course in a lump-sum amount equal to the lesser of--
       ``(i) the amount of the educational assistance allowance 
     for the month, or fraction thereof, in which the course 
     begins plus the educational assistance allowance for each of 
     the succeeding four months; or
       ``(ii)(I) in the case of a course offered on a quarter, 
     semester, or term basis, the amount of aggregate monthly 
     educational assistance allowance otherwise payable under this 
     subchapter for the course for the entire quarter, semester, 
     or term; or
       ``(II) in the case of a course that is not offered on a 
     quarter, semester, or term basis, the amount of aggregate 
     monthly educational assistance allowance otherwise payable 
     under this subchapter for the entire course.
       ``(B) In the case of an adjustment under section 3015(h) of 
     this title in the monthly rate of basic educational 
     assistance that occurs during a period for which an 
     accelerated payment is made under this subsection, the 
     Secretary shall pay--
       ``(i) on an accelerated basis the amount of the allowance 
     otherwise payable under this subchapter for the period 
     without regard to the adjustment under that section; and
       ``(ii) on the date of the adjustment any additional amount 
     of the allowance that is payable for the period as a result 
     of the adjustment.
       ``(3) For each accelerated payment made to an individual 
     under this subsection, the individual's entitlement under 
     this subchapter shall be charged at the same rate at which 
     the entitlement would be charged if the individual had 
     received a monthly educational assistance allowance for the 
     period of educational pursuit covered by the accelerated 
     payment.
       ``(4) The Secretary shall prescribe regulations to carry 
     out this subsection. The regulations shall include the 
     requirements, conditions, and methods for the request, 
     issuance, delivery, certification of receipt and use, and 
     recovery of overpayment of an accelerated payment under this 
     subsection.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is six months after the 
     date of the enactment of this Act, and shall apply with 
     respect to courses of education beginning on or after that 
     date.

[[Page S12747]]

     SEC. 103. 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 
     3014(c) or 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:
       ``(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 a 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 and 
     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 eight months after the date of the 
     enactment of this Act, and shall apply with respect to 
     enrollments in courses or programs of education or training 
     beginning on or after that date.

     SEC. 104. 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, is 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 
     after the date specified in clause (i); and
       ``(iii) 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, is 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 
     after the date specified in clause (i); and
       ``(iii) 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. 105. 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

[[Page S12748]]

     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 occurring on or after 
     the date of the enactment of this Act.

               TITLE II--COMPENSATION AND PENSION MATTERS

     SEC. 201. MODIFICATION AND EXTENSION OF AUTHORITIES ON 
                   PRESUMPTION OF SERVICE-CONNECTION FOR 
                   HERBICIDE-RELATED DISABILITIES OF VIETNAM ERA 
                   VETERANS.

       (a) Presumption of Exposure to Herbicide Agents in Vietnam 
     During Vietnam Era.--(1) Section 1116 is 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) in subsection (a), by redesignating paragraph (4) as 
     paragraph (3); and
       (C) in subsection (f), as transferred and redesignated by 
     subparagraph (B) 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 section 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''.

       (B) The table of section at the beginning of chapter 11 is 
     amended by striking the item relating to section 1116 and 
     inserting the following new item:

``1116. Presumptions of service connection for diseases associated with 
              exposure to certain herbicide agents; presumption of 
              exposure.''.
       (b) Extension of Authority To Presume Service-Connection 
     for Additional Diseases.--(1) Subsection (e) of section 1116 
     is amended by striking ``10 years'' and inserting ``20 
     years''.
       (2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C. 
     1116 note) is amended by striking ``10 years'' and inserting 
     ``20 years''.

     SEC. 202. COMPENSATION FOR DISABILITIES OF PERSIAN GULF WAR 
                   VETERANS.

       (a) Presumptive Period for Undiagnosed Illnesses.--Section 
     1117 is amended--
       (1) in subsection (a)(2), by striking ``within the 
     presumptive period prescribed under subsection (b)'' and 
     inserting ``before December 31, 2011, or such later date as 
     the Secretary may prescribe by regulation'';
       (2) by striking subsection (b); and
       (3) by redesignating subsections (c), (d), (e), and (f) as 
     subsections (b), (c), (d), and (e), respectively.
       (b) Illnesses That Cannot be Clearly Defined.--Subsection 
     (a) of that section is further amended by inserting ``or any 
     poorly defined chronic multisymptom illness of unknown 
     etiology, regardless of diagnosis, characterized by two or 
     more of the signs or symptoms listed in subsection (f)'' 
     after ``illnesses)''.
       (c) Signs or Symptoms That May Indicate Undiagnosed 
     Illnesses.--That section is further amended by adding at the 
     end the following new subsection:
       ``(f) For purposes of this section, signs or symptoms that 
     may be a manifestation of an undiagnosed illness include the 
     following:
       ``(1) Fatigue.
       ``(2) Unexplained rashes or other dermatological signs or 
     symptoms.
       ``(3) Headache.
       ``(4) Muscle pain.
       ``(5) Joint pain.
       ``(6) Neurologic signs or symptoms.
       ``(7) Neuropsychological signs or symptoms.
       ``(8) Signs or symptoms involving the respiratory system 
     (upper or lower).
       ``(9) Sleep disturbances.
       ``(10) Gastrointestinal signs or symptoms.
       ``(11) Cardiovascular signs or symptoms.
       ``(12) Abnormal weight loss.
       ``(13) Menstrual disorders.''.
       (d) Presumption of Service Connection Program.--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(f) of this 
     title.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2002.

     SEC. 203. EXCLUSION OF CERTAIN ADDITIONAL INCOME FROM 
                   DETERMINATIONS OF ANNUAL INCOME FOR PENSION 
                   PURPOSES.

       (a) Life Insurance Proceeds.--Subsection (a) of section 
     1503 is amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following new paragraph (11):
       ``(11) proceeds (in an amount equal to or less than the 
     amount prescribed by the Secretary for purposes of this 
     paragraph, subject to subsection (c)) of any life insurance 
     policy of a veteran; and''.
       (b) Other Non-Recurring Income.--That subsection is further 
     amended by inserting after paragraph (11), as added by 
     subsection (a)(3) of this section, the following new 
     paragraph (12):
       ``(12) any other non-recurring income (in an amount equal 
     to or less than the amount prescribed by the Secretary for 
     purposes of this paragraph, subject to subsection (c)) from 
     any source.''.
       (c) Excludable Amounts of Life Insurance Proceeds and Other 
     Non-Recurring Income.--That section is further amended by 
     adding at the end the following new subsection:
       ``(c) In prescribing amounts for purposes of paragraph (11) 
     or (12) of subsection (a), the Secretary shall take into 
     consideration the amount of income from insurance proceeds or 
     other non-recurring income, as the case may be, that is 
     reasonable for individuals eligible for pension to consume 
     for their maintenance.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2002, and shall apply with 
     respect to determinations of annual income under section 1503 
     of title 38, United States Code, as so amended, on or after 
     that date.

     SEC. 204. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION 
                   PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Section 5102 is amended by adding at the 
     end the following new subsection:
       ``(c) Time Limitation.--(1) If information that a claimant 
     and the claimant's representative, if any, are notified under 
     subsection (b) is necessary to complete an application is not 
     received by the Secretary within one year from the date of 
     such notification, no benefit may be paid or furnished by 
     reason of the claimant's application.
       ``(2) This subsection shall not apply to any application or 
     claim for Government life insurance benefits.''.
       (b) Repeal of Superseded Provisions.--Section 5103 is 
     amended--
       (1) by striking ``(a) Required Information and Evidence.--
     ''; and
       (2) by striking subsection (b).
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if enacted on November 9, 2000, 
     immediately after the enactment of the Veterans Claims 
     Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096).

     SEC. 205. EFFECTIVE DATE OF CHANGE IN RECURRING INCOME FOR 
                   PENSION PURPOSES.

       Section 5112(b)(4) is amended by striking subparagraph (A) 
     and inserting the following new subparagraph (A):
       ``(A) change in recurring income will be the last day of 
     the calendar year in which the change occurred (with the 
     pension rate for the following calendar year based on all 
     anticipated countable income); and''.

     SEC. 206. PROHIBITION ON PROVISION OF CERTAIN BENEFITS WITH 
                   RESPECT TO VETERANS 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 veterans who are fugitive felons

       ``(a) A veteran described in subsection (b), or dependent 
     of the veteran, who is otherwise eligible for a benefit 
     described in subsection (c) may not be paid or otherwise 
     provided such benefit during any period in which the veteran 
     is a fugitive as described in subsection (b).
       ``(b)(1) A veteran described in this subsection is a 
     veteran 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 veteran flees; or
       ``(B) violating a condition of probation or parole imposed 
     under Federal or State law.
       ``(2) For purposes of this subsection, 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.
       ``(c) A benefit described in this subsection is any benefit 
     under 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) Chapters 30, 31, 32, 34, and 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 veteran who is eligible for a benefit 
     described in subsection (c) if such official--
       ``(A) provides the Secretary such information as the 
     Secretary may require to fully identify the veteran;
       ``(B) identifies the veteran as being a fugitive described 
     in subsection (b); and
       ``(C) certifies to the Secretary that the location and 
     apprehension of the veteran 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 
              veterans 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

[[Page S12749]]

     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. 207. LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS 
                   REMAINING INCARCERATED FOR FELONIES COMMITTED 
                   BEFORE OCTOBER 7, 1980.

       (a) Limitation.--Notwithstanding any other provision of 
     law, the payment of compensation to or with respect to a 
     veteran described in subsection (b) shall, for the remainder 
     of the period of incarceration of the veteran described in 
     that subsection, be subject to the provisions of section 5313 
     of title 38, United States Code, other than subsection (d) of 
     that section.
       (b) Covered Veterans.--A veteran described in this 
     subsection is any veteran entitled to compensation who--
       (1) was incarcerated on October 7, 1980, for a felony 
     committed before that date; and
       (2) remains incarcerated for conviction of that felony 
     after the date of the enactment of this Act.
       (c) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act, and shall apply 
     with respect to the payment of compensation for months 
     beginning on or after that date.
       (d) Compensation Defined.--For purposes of this section, 
     the term ``compensation'' shall have the meaning given that 
     term in section 5313 of title 38, United States Code.

     SEC. 208. 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. 209. EXTENSION OF CERTAIN EXPIRING AUTHORITIES.

       (a) Income Verification Authority.--Section 5317(g) is 
     amended by striking ``September 30, 2008'' and inserting 
     ``September 30, 2011''.
       (b) Limitation on Pension for Certain Recipients of 
     Medicaid-Covered Nursing Home Care.--Paragraph (7) of 
     subsection (d) of section 5503, as redesignated by section 
     208(a)(2) of this Act, is amended by striking ``September 30, 
     2008'' and inserting ``September 30, 2011''.

                       TITLE III--HOUSING MATTERS

     SEC. 301. 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 ``$63,175''.

     SEC. 302. FOUR-YEAR EXTENSION OF NATIVE AMERICAN VETERANS 
                   HOUSING LOAN PROGRAM.

       (a) Extension of Pilot Program.--Section 3761(c) is amended 
     by striking ``December 31, 2001'' and inserting ``December 
     31, 2005''.
       (b) Annual Reports.--Section 3762(j) is amended by striking 
     ``2002'' and inserting ``2006''.

     SEC. 303. EXTENSION OF OTHER EXPIRING 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, 2011''.
       (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''.

                        TITLE IV--BURIAL MATTERS

     SEC. 401. INCREASE IN BURIAL AND FUNERAL EXPENSE BENEFIT FOR 
                   VETERANS WHO DIE OF SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Burial and Funeral Expenses.--Section 2307(1) is 
     amended by striking ``$1,500'' and inserting ``$2,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to deaths occurring on or after the date of the 
     enactment of this Act.

     SEC. 402. AUTHORITY TO PROVIDE BRONZE GRAVE MARKERS FOR 
                   PRIVATELY MARKED GRAVES.

       (a) Authority.--Section 2306 is amended by adding at the 
     end the following new subsection:
       ``(f) In the case of the grave of an individual described 
     in subsection (a) that has been marked by a privately-
     furnished headstone or marker, the Secretary may furnish, 
     when requested, a bronze marker to commemorate the 
     individual's military service. The bronze marker may be 
     placed at the gravesite or at another location designated by 
     the cemetery concerned as a location for the commemoration of 
     the individual's military service.''.
       (b) Applicability.--Subsection (f) of section 2306 of title 
     38, United States Code, as added by subsection (a) of this 
     section, shall apply with respect to deaths as follows:
       (1) Any death occurring on or after the date of the 
     enactment of this Act.
       (2) Any death occurring before that date, but after on or 
     after November 1, 1990, if request is made to the Secretary 
     of Veterans Affairs with respect to such death under such 
     subsection (f) not later than four years after the date of 
     the enactment of this Act.
       (c) Stylistic Amendment.--Subsection (c) of section 2306 is 
     amended by striking ``of this section''.

                    TITLE V--OTHER BENEFITS MATTERS

     SEC. 501. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER OF 
                   VETERANS IN PROGRAMS OF INDEPENDENT LIVING 
                   SERVICES AND ASSISTANCE.

       (a) Repeal of Limitation.--Section 3120(e) is amended by 
     striking ``Programs'' and all that follows through ``such 
     programs'' and inserting ``First priority in the provision of 
     programs of independent living services and assistance under 
     this section''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on September 30, 2001.

      TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

     SEC. 601. TEMPORARY EXPANSION OF UNITED STATES COURT OF 
                   APPEALS FOR VETERANS CLAIMS TO FACILITATE 
                   STAGGERED TERMS OF JUDGES.

       (a) In General.--(1) Section 7253 is amended by adding at 
     the end the following new subsection:
       ``(h) Temporary Expansion of Court.--(1) Notwithstanding 
     subsection (a) and subject to the provisions of this 
     subsection, the authorized number of judges of the Court from 
     the date of the enactment of this subsection until August 15, 
     2005, is nine judges.
       ``(2) Of the two additional judges authorized by this 
     subsection--
       ``(A) only one judge may be appointed pursuant to a 
     nomination made in 2001 or 2002;
       ``(B) only one judge may be appointed pursuant to a 
     nomination made in 2003; and
       ``(C) if no judge is appointed pursuant to a nomination 
     covered by subparagraph (A), a nomination covered by 
     subparagraph (B), or neither a nomination covered by 
     subparagraph (A) nor a nomination covered by subparagraph 
     (B), the number of judges authorized by this subsection but 
     not appointed as described in subparagraph (A), (B), or both, 
     as the case may be, may be appointed pursuant to a nomination 
     or nominations made in 2004, but only if such nomination or 
     nominations, as the case may be, are made before September 
     30, 2004.
       ``(3) The term of office and eligibility for retirement of 
     a judge appointed under this subsection, other than a judge 
     described in paragraph (4), shall be 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 before 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.''.
       (2) No appointment may be made under section 7253 of title 
     38, United States Code, as amended by paragraph (1), if the 
     appointment would provide for a number of judges in excess of 
     seven judges (other than judges serving in recall status 
     under section 7257 of title 38, United States Code) who were 
     appointed to the United States Court of Appeals for Veterans 
     Claims after January 1, 1997.
       (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 terms'';
       (3) in subsection (f), by striking ``(f)(1)'' and inserting 
     ``(f) Removal.--(1)''; and
       (4) in subsection (g), by inserting ``Rules.--'' before 
     ``The Court''.

     SEC. 602. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE REGARDING 
                   ACCEPTANCE OF REAPPOINTMENT AS CONDITION TO 
                   RETIREMENT FROM UNITED STATES COURT OF APPEALS 
                   FOR VETERANS CLAIMS.

       Section 7296(b)(2) is amended by striking the second 
     sentence.

     SEC. 603. TERMINATION OF NOTICE OF DISAGREEMENT AS 
                   JURISDICTIONAL REQUIREMENT FOR UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (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--
       (1) any appeal filed with the United States Court of 
     Appeals for Veterans Claims on or after the date of the 
     enactment of this Act; and
       (2) any appeal pending before the Court on that date, other 
     than an appeal in which the Court has made a final 
     disposition under section 7267 of title 38, United States 
     Code, even though such appeal is not yet final under section 
     7291(a) of title 38, United States Code.

     SEC. 604. REGISTRATION FEES.

       (a) Registration Fees for Participation in Other Court-
     Sponsored Activities.--Subsection (a) of section 7285 is 
     amended to read as follows:
       ``(a) The Count of Appeals for Veterans Claims may impose 
     registration fees as follows:

[[Page S12750]]

       ``(1) Periodic registration fees on persons admitted to 
     practice before the Court, in such frequency and amount (not 
     to exceed $30 per year) as the Court may provide.
       ``(2) Registration fees on persons (other than judges of 
     the Court) participating at judicial conferences convened 
     pursuant to section 7286 of this title, and at other Court-
     sponsored activities.''.
       (b) Availability of Registration Fees.--Subsection (b) of 
     that section is amended--
       (1) in paragraph (1), by striking ``employing independent 
     counsel'' and inserting ``conducting investigations and 
     proceedings, including the employment of independent 
     counsel,''; and
       (2) in paragraph (2), by striking ``administrative costs 
     for the implementation of the standards of proficiency 
     prescribed for practice before the Court'' and inserting 
     ``the expenses of judicial conferences convened pursuant to 
     section 7286 of this title, and of other Court-sponsored 
     activities covered by paragraph (2) of that subsection, and 
     the expenses of other activities and programs of the Court 
     intended to support and foster communications 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) Conforming and Clerical Amendments.--(1) The section 
     heading for section 7285 is amended to read as follows:

     ``Sec. 7285. Registration fees''.

       (2) The table of sections at the beginning of chapter 72 is 
     amended by striking the item relating to section 7285 and 
     inserting the following new item:

``7285. 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 chapter 72 is amended by inserting after the 
     item related to section 7286 the following new item:

``7287. Administration.''.

         Amend the title so as to read: ``A Bill 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.''.


                           Amendment No. 2462

  Mr. REID. Senators Rockefeller and Specter have an amendment at the 
desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Rockefeller and 
     Mr. Specter, proposes an amendment numbered 2462.

  (The text of the amendment is printed in today's Record under 
``Amendments submitted.'')
  Mr. ROCKEFELLER. Mr. President, as Chairman of the Committee on 
Veterans' Affairs, I urge the Senate to pass S. 1088, the proposed 
``Veterans Benefits Improvement Act of 2001,'' as it will be modified 
by a manager's amendment which I developed with the Committee's Ranking 
Member, Senator Specter. I will describe provisions of the amendment in 
a moment.
  The pending measure is an omnibus bill that improves many veterans 
benefits, such as the amount and flexibility of the Montgomery GI Bill, 
and enhances compensation to Gulf War veterans, as well as to Vietnam 
veterans with Agent Orange-related conditions.
  Although the Budget Resolution assumed some significant spending on 
veterans benefits, our Committee nonetheless had to make some difficult 
decisions to assist the most veterans within the resources available to 
our Committee. I thank Ranking Member Specter and the minority staff 
for their significant efforts toward attaining that goal.
  S. 1088, as reported, which I will refer to as the ``Committee 
bill,'' makes significant enhancements to educational benefits for 
veterans and their families. The original GI Bill allowed a generation 
of soldiers returning from World War II to create the booming post-war 
economy, and, in fact, the prosperity that we enjoy today. Today's 
Montgomery GI Bill (MGIB), modeled after the original GI Bill, provides 
a valuable recruitment and retention tool for the Armed Services and 
begins to repay veterans for the service they have given to our Nation. 
As a transition benefit, it allows veterans to gain the skills they 
need to adjust productively to civilian life.
  I am very pleased that section 101 of the Committee bill would 
increase the MGIB basic monthly benefit by $50 per month this year, 
$100 in 2002, and $150 in 2003. I am even more proud that S. 1088 also 
takes the next evolutionary step to keep pace with the careers and 
education that today's veterans require. As our colleagues know, many 
servicemembers leave the military with skills that place them in demand 
for careers in the technology sector. But even these veterans may 
require coursework to convert their military skills to civilian 
careers. Section 103 of the Committee bill would allow veterans to use 
their Montgomery GI Bill educational benefits to pay for short-term, 
high technology courses that would allow veterans to earn the 
credentials they need to gain entry to lucrative civilian-sector 
careers.
  Currently, the MGIB provides a basic monthly benefit of $672 for 36 
months of education. This payment structure is designed to assist 
veterans pursuing traditional four-year degrees at universities. 
However, in today's fast paced, high-tech economy, traditional degrees 
may not always be the best option. Many veterans are pursuing forms of 
nontraditional training, such as short-term courses that lead to 
certification in a technical field. In certain fields, these 
certifications are a prerequisite to employment.
  These courses, such as Microsoft or Cisco systems training, may be 
offered through training centers, private contractors to community 
colleges, or the companies themselves. They often last just a few weeks 
or months, and can cost many thousands of dollars. The way MGIB is paid 
out in monthly disbursements is not suited to this course structure. 
For example, MGIB would pay less than $1,400 for a two-month course 
that could cost as much as $10,000.
  The percentage of veterans who actually use the MGIB benefits they 
have earned and paid for is startlingly low--45% of eligible veterans, 
according to VA's Program Evaluation of the Montgomery GI Bill 
published in April 2000--despite almost full enrollment in the program 
by servicemembers. By increasing the flexibility of the MGIB program, 
we will permit more veterans to take advantage of these benefits. We 
should give veterans the right to choose whatever kind of educational 
program will be best for them.
  This legislation would modify the payment method to accommodate the 
compressed schedule of the courses. Specifically, section 103 would 
allow veterans to receive an accelerated payment equal to 60 percent of 
the cost of the program. This is comparable to VA's MGIB benefit for 
flight training, for which VA reimburses 60 percent of the costs. The 
dollar value of the accelerated payment would then be deducted from the 
veteran's remaining entitlement. This provision would also allow 
courses offered by these providers to be covered by MGIB.
  Another provision of the Committee bill would correct an unintended 
exclusion of certain Gulf War veterans from eligibility for service-
connected benefits. Our efforts to explain symptoms reported by many 
troops returning from the 1991 Gulf War have been frustrated by 
inconclusive scientific data and by poor military recordkeeping during 
the conflict. In 1994, Congress passed the Persian Gulf War Veterans' 
Benefits Act to provide compensation to certain Gulf War veterans 
disabled by ``undiagnosed illnesses'' for which no other causes could 
be identified.
  Since then, changes in medical terminology have led many Gulf War 
veterans to receive diagnoses for chronic conditions without known 
cause--such as chronic fatigue syndrome and fibromyalgia--which VA has 
interpreted as precluding them from eligibility for benefits. Section 
202 of the Committee bill would correct this unintended exclusion by 
expanding service connection to ``poorly defined chronic multisymptom 
illnesses of unknown etiology, regardless of diagnosis,'' characterized 
by the symptoms already listed in VA regulations.
  Because scientific research has still determined neither the cause of 
veterans' symptoms nor the long-term health consequences of Gulf War-
era exposures, and because the Department of Defense recently expanded 
its estimates of who might have been exposed

[[Page S12751]]

to nerve agents, this section also extends the presumptive period for 
benefits for Gulf War veterans for 10 more years. I thank the 
Committee's newest member, Senator Hutchison, for her leadership on 
this issue.
  For many years there has been a prohibition on paying compensation 
and pension benefits to an incompetent veteran who has no dependents 
and who has assets of $1,500 or more, if the veteran is being provided 
institutional health care by the government. This reduction of benefits 
to this population of veterans dates back to 1933, when incompetent 
individuals might be institutionalized for years. At that time, it was 
believed that a large estate based on the veteran's benefits should not 
be allowed to build up just to pass to the state upon the veteran's 
death. Now, however, treatment modalities have changed and veterans do 
not generally remain hospitalized for years at a time. Instead, they 
are more likely to cycle in and out of treatment, which results in 
virtually constant suspension and reinstatement of their benefits.
  Last year, in Public Law 106-419, Congress addressed this anomaly in 
law. Although we had hoped to fully eliminate the disparate and 
discriminatory treatment of incompetent veterans, due to cost 
restraints we were only able to raise the dollar amount of the cutoff 
from $1,500 to five times the 100 percent compensation rate, which is 
$10,535 in the current year. The current monthly VA disability 
compensation rate for a veteran rated 100 percent disabled is $2,107.
  Section 209 would fully repeal the limitation on payment of benefits 
to incompetent institutionalized veterans who have no dependents and 
thereby end decades of prejudice and discrimination against these 
veterans.
  The Committee bill also enhances and extends home loan programs. As 
most of our colleagues appreciate, VA does not provide a direct home 
loan for servicemembers and veterans. Instead, it provides a guaranty 
to mortgage lenders should the borrower veteran be unable to meet the 
payments and go into foreclosure. A VA guaranty allows a veteran to buy 
a home valued at up to four times the guaranty amount. The price of 
homes in major metropolitan areas has increased significantly in the 
last several years, yet the VA guaranty amount has not been increased 
since 1994. VA estimates that during fiscal year 2001, VA will have 
guaranteed 250,000 loans for veterans.
  Section 301 would increase the home loan guaranty amount to $63,175 
from the current $50,750 to keep pace with FHA loan guaranties, thereby 
supporting a loan of up to $252,700.
  Section 302 would extend the Native American veterans housing loan 
program, set to expire in 2002, by 4 years. Special authority to 
provide these loans is necessary, in addition to the general VA home 
loan guaranty, because these homes sit on tribal land. This makes 
traditional foreclosure and resale by the mortgage holders impossible.
  Section 303 would extend for 4 years the authority for housing loan 
guaranties for members of the Selected Reserve, currently set to expire 
in 2007. Reservists must serve 6 years in order to become eligible for 
a VA-guaranteed loan. In order for the home loan to be used as a 
recruiting incentive now, the benefit must be authorized beyond 6 
years. Senator Akaka, my good friend and colleague on the Committee, 
has again championed the loan programs for Native Americans and 
reservists in the Senate.
  I now turn to the provisions contained in the manager's amendment. 
They include further enhancements to educational benefits, pension 
simplification, and eliminating an arbitrary bar to benefits for 
Vietnam veterans suffering from Agent Orange-related respiratory 
cancers.
  First, new section 105 would protect educational benefits for those 
that must leave their course of study to serve on active duty in 
support of the National Emergency declared in response to the events of 
September 11, 2001. This provision would restore educational 
entitlements for recipients of the Montgomery GI Bill, Veterans 
Educational Assistance Program, VEAP, and Dependent's Educational 
Allowance, DEA, for regular servicemembers and reservists who are 
called up for active duty and who are forced to relocate or take on 
extra work because of their participation in support of the National 
Emergency. This provision would be an amendment to a provision that 
restores such entitlements for servicemembers and reservists called to 
active duty for the Persian Gulf War. In 1997, Congress similarly 
expanded educational benefits restoration for the Selected Reserve 
Program.
  New section 106 would increase the Dependent's Educational Allowance 
(DEA) for dependents and eligible spouses of veterans. Congress created 
this educational program in 1968 to provide educational opportunities 
to children whose education would be impeded or interrupted because of 
the disability or death of a parent from a disease or injury incurred 
or aggravated in the Armed Forces. In addition, unremarried surviving 
spouses of veterans are generally eligible for the educational 
allowance in order to assist them in preparing to support themselves 
and their families at the standard-of-living level that the veteran 
could have been expected to provide for his or her family but for the 
service-connected disability or death. Children and surviving spouses 
of servicemembers who are missing in action for 90 days, captured in 
the line of duty by a hostile force, or detained or interned by a 
foreign government, are also eligible for the educational allowance.
  DEA is available for full-time, three-quarter time or half-time 
attendance at an institution of higher learning, for students taking 
correspondence courses, pursuing special restorative training, or 
apprenticeship training. The increase in DEA for full-time students 
would be to $690 from $608 on November 1, 2002, with no cost-of-living 
adjustment that year. The allowance for a three-quarter time student 
would increase to $517 from $456, and the allowance for half-time 
pursuit would increase to $345 from $304.
  In addition, new section 107 would address statutory gaps that led to 
a court decision, Ozer v. Principi, 14 Vet.App. 257 (2001), that 
eliminated the delimiting date for use of DEA benefits by surviving 
spouses. Under the new provision, subject to the Secretary's approval, 
the surviving spouse would be allowed to change the beginning date of 
the 10-year period during which he or she is eligible for benefits. 
This provision would allow the surviving spouse to select the beginning 
date of eligibility from any date between the effective rating of the 
veteran's total and permanent service-connected disability and the date 
on which the Secretary determines that the veteran died of a service-
connected disability. The amendment would restore the delimiting date 
provision, making the DEA program more uniform with other VA 
educational programs.
  New section 201 would remove the arbitrary 30-year limit for 
manifestation of Agent Orange-related respiratory cancers in Vietnam 
veterans. Currently, title 38, United States Code, only provides a 
presumption in Vietnam veterans for respiratory cancer if the disease 
manifested within 30 years of their service in Vietnam. The most recent 
National Academy of Sciences report confirmed that there is no 
scientific basis for assuming that cancers linked to dioxin exposure 
would occur with a specific window of time. This provision would 
eliminate the 30-year limit and allow future claims for Vietnam 
veterans' respiratory cancers, irrespective of the date of 
manifestation of the disease.
  Finally, new section 203 would restore the presumption of disability 
for pension purposes by allowing VA to accept certain types of 
evidence, beyond just medical evidence, to establish permanent and 
total disability. VA non-service-connected pension is a needs-based 
monthly benefit paid to certain disabled wartime veterans.
  Currently, the VA must determine if medical evidence demonstrates 
that the veteran can be rated as permanently and totally disabled. This 
can be a very time-consuming process that creates hardships for pension 
claimants. This provision would allow VA to consider a veteran to be 
permanently and totally disabled for pension purposes if the veteran is 
a patient in a nursing home, the Social Security Administration has 
determined that the veteran is disabled for their benefit programs, or 
the veteran is age 65 or over. This provision should streamline the 
processing of pension claims and

[[Page S12752]]

provide faster service for disabled and elderly veterans.
  In conclusion, I urge my colleagues to support these vital 
enhancements to veterans benefits. As has been the case in previous 
years and is particularly important in light of our country's current 
military actions, this truly represents a bipartisan commitment to our 
Nation's veterans.
  I ask unanimous consent that a summary of S. 1088 be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Summary of S. 1088, as Amended by Manager's Amendment


                               Education:

       Increase the rate of the basic benefit of the Montgomery 
     G.I. Bill (MGIB) from the current $650 per month to $700 per 
     month beginning in October 1, 2001; $800 per month in October 
     1, 2002; and $950 per month in October 1, 2003.
       Allows MGIB participants to receive their otherwise monthly 
     payment as an accelerated lump-sum payment for the month in 
     which the course begins.
       Currently, MGIB benefits are paid in monthly installments. 
     S. 1088 would create flexibility in the payment method for 
     MGIB to partially pay for short-term/high tech courses. It 
     would accelerate payment of up to 60 percent of the cost of 
     an approved program that leads to employment in a high 
     technology industry.
       Preserves educational benefits for those that must leave 
     their course of study to serve on active duty in support of 
     the National Emergency declared in response to the events of 
     September 11, 2001.
       Increase Dependent's Educational Allowance (DEA) for 
     dependents and eligible spouses of veterans for full-time 
     students is to $690 from $588 on November 1, 2002.


                        Compensation and Pension

       Removes the arbitrary 30-year limit for manifestation of 
     Agent Orange-related respiratory cancers in Vietnam veterans. 
     The most recent National Academy of Sciences report confirmed 
     that there is no scientific basis for assuming that cancers 
     linked to dioxin exposure would occur with a specific window 
     of time.
       Tasks the National Academy of Sciences (NAS) to continue 
     reviewing scientific evidence on effects on dioxin or 
     herbicide exposure for 10 more years (five reports); and 
     extends authority of the VA Secretary to presume service 
     connection for additional diseases as based on future NAS 
     reports for 10 more years.
       Expands the compensation definition of ``undiagnosed 
     illness'' for Gulf War veterans by adding poorly defined 
     chronic multisymptom illnesses of unknown etiology, 
     regardless of diagnosis. Congress provided compensation to 
     these veterans disabled by ``undiagnosed'' illnesses. Since 
     then many have received diagnoses for chronic conditions 
     whose causes cannot be identified conclusively, but which 
     preclude them from eligibility for benefits under the current 
     law.
       Streamlines VA pension eligibility and income reporting 
     requirements.


                                Housing

       Increases the home loan guaranty amount to $63,175 from the 
     current $50,750, to keep pace with FHA loan guaranties 
     supporting a loan of up to $252,700. The VA guaranty amount 
     has not been increased since 1994.
       Extends the Native American veterans housing loan program, 
     set to expire in 2002, by four years. Special authority is 
     necessary, in addition to the general VA home loan guaranty, 
     because these homes sit on tribal land. This makes 
     traditional foreclosure and resale by the mortgage holders 
     impossible.
       Extends the four years the authority for housing loan 
     guaranties for members of the Selected Reserve (now set to 
     expire in 2007). Reservists must serve six years in order to 
     become eligible for a VA-guaranteed loan. In order for the 
     home loan to be advertised as a recruiting incentive now, the 
     benefit must be authorized beyond six years


                             Burial Matters

       Increases VA burial benefits for service-connected deaths 
     of veterans from $1,500 to $2,000.
       Authorize the Secretary of Veterans Affairs to furnish 
     bronze markers for already marked graves in order to more 
     permanently commemorate the veteran's military service. VA is 
     currently restricted by statute from providing a headstone or 
     marker for already marked graves.

  Mr. REID. I ask unanimous consent the Rockefeller-Specter substitute 
amendment at the desk be agreed to; the committee-reported substitute 
amendment be agreed to, as amended; the bill be read the third time; 
that the Veterans' Affairs Committee be discharged from further 
consideration of H.R. 1291; that the Senate proceed to its immediate 
consideration; that all after the enacting clause be stricken; that the 
text of S. 1088, as amended, be inserted in lieu thereof; that the bill 
be read a third time and passed; that the title amendment be agreed to, 
which I now send to the desk; that S. 1088 be returned to the calendar; 
and any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2462) was agreed to.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 1291), as amended, was read the third time and passed.
  (The bill will be printed in a future edition of the Record.)
  The amendment (No. 2463) was agreed to, as follows:

  Amend the title so as the read: ``A Bill 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.''.

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