[Congressional Record Volume 147, Number 171 (Tuesday, December 11, 2001)]
[House]
[Pages H9128-H9149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
21ST CENTURY MONTGOMERY GI BILL ENHANCEMENT ACT AMENDMENTS
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 310) providing for the concurrence by
the House with an amendment in the amendments of the Senate to H.R.
1291.
The Clerk read as follows:
H. Res. 310
Resolved, That, upon the adoption of this resolution, the
House shall be considered to have taken from the Speaker's
table the bill H.R. 1291, with the Senate amendments thereto,
and to have concurred in the Senate amendment to the title of
the bill and to have concurred in the Senate amendment to the
text of the bill with the following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
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.
[[Page H9129]]
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
[[Page H9130]]
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.
[[Page H9131]]
``(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
[[Page H9132]]
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.
[[Page H9133]]
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.
[[Page H9134]]
``(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
[[Page H9135]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, as chairman of the Committee on Veterans' Affairs, I am
very proud and happy to bring to the floor H.R. 1291, as amended, the
Veterans Education and Benefits Expansion Act of 2001.
{time} 1645
Mr. Speaker, this bill is derived from measures which the House
approved overwhelmingly earlier this year: H.R. 801, the Veterans
Opportunities Act of 2001; H.R. 1291, the 21st Century Montgomery G.I.
Bill Enhancement Act; H.R. 2540, the Veterans Benefits Act of 2001. It
also includes a number of provisions contained in S. 1088, the Benefits
Veterans Improvement Act of 2001.
Mr. Speaker, I want to thank the ranking member, the gentleman from
Illinois (Mr. Evans); former chairman of the Subcommittee on Benefits,
the gentleman from Arizona (Mr. Hayworth); the ranking member, the
gentleman from Texas (Mr. Reyes); and the current subcommittee
chairman, the gentleman from Idaho (Mr. Simpson), for working with me
in crafting these bills.
Little did we know last spring what terrorists would do to America on
September 11. Although our resolve was already firm, the events of
September 11 have heightened the Nation's concern that we provide
adequate benefits for those who serve in our Nation's Armed Forces. I
am proud that we have been able to respond so positively to their
concerns.
We had two goals in mind, Mr. Speaker, when we were preparing these
bills. The first goal was to continue our Nation's commitment to those
veterans who have already been in harm's way in past wars and
conflicts.
Second, we wanted to create a level playing field for the generation
of veterans who protect our freedoms now and into the future.
Our bipartisan legislation carried out these two broad goals in three
primary ways: first, through improvements in the Montgomery G.I. bill
and other VA education programs, so as to position our returning
service members for long-term, sustained employment; second, through
improvements in VA programs for disabled veterans and their widows and
orphans, so as to honor our commitment to them; and third, by building
on former Under Secretary Joe Thompson's initiatives to reach out to
America's sons and daughters before, rather than after, they leave the
military to ease their transition to civilian life.
Mr. Speaker, with respect to veterans education, I am pleased that
the compromise agreement contains no less than 11 provisions to improve
the Montgomery G.I. bill and other VA education programs. Under current
law, a full-time veteran-student receives $672 monthly under the
Montgomery G.I. bill, from which the veteran-student pays the tuitions,
books, supplies, fees, and subsistence, including housing, food, and
transportation.
H.R. 1291, as amended, would increase the $672 monthly amount to $800
per month effective this January; to $900, effective October 1 of 2002;
and to $985 per month effective October 1, 2003. Mr. Speaker, this
represents a 52 percent increase in the monthly benefit, phased in over
3 years.
According to data furnished by the College Board this spring, the
monthly G.I. bill benefit would have had to rise to $1,025 per month
for a veteran-student to attend a 4-year student as a commuter student
at an average cost of $9,229 per year. This figure includes tuition,
fees, and living expenses.
Veteran students are highly engaging and resourceful individuals, but
the $1,025 per month figure has been shown to be woefully inadequate
and that the Montgomery G.I. bill just simply did not cover those
costs. That is what we are trying to rectify with this legislation.
Frankly, we should not be surprised, Mr. Speaker, that only about
half of the eligible veterans for the Montgomery G.I. bill have used it
since 1985, one of the main reasons being the lack of funding in the
actual benefit provided.
The bill also builds on the wisdom and foresight of former chairman
[[Page H9136]]
Sonny Montgomery, who, back in 1980, understood the linkage between the
success of an all-volunteer force and a sound educational incentive to
recruit high-quality individuals. Serving one's country literally has
taken on a new meaning since September 11. Now more than ever we need a
new G.I. bill that does reflect the selflessness of our service members
who are putting their lives on the line to ferret out and to eliminate
terrorism. This bill goes a long way to closing the gap between school
costs and benefits.
The compromise agreement also contains nine provisions that make
improvements in VA programs benefiting disabled veterans and their
dependents and keeps our commitments to veterans who suffer from
chronic illnesses subsequent to their service during the Persian Gulf
War.
Effective April 1, 2002, the bill revises the definition of
``undiagnosed illnesses'' for Persian Gulf War veterans to include
fibromyalgia, chronic fatigue syndrome and chronic multisyndrome
illnesses, and other illnesses that cannot be clearly defined.
I thank the gentleman from Illinois (Mr. Evans), the gentleman from
Florida (Mr. Bilirakis), the gentleman from Indiana (Mr. Buyer), the
gentleman from Nevada (Mr. Gibbons), and the gentleman from Illinois
(Mr. Manzullo) for their leadership on this particular provision.
This bill keeps America's promise to disabled veterans by increasing
specially adapted housing allowances for severely disabled veterans
from $43,000 to $48,000 per year; increases the automobile and adaptive
equipment grant for severely disabled veterans from $8,000 to $9,000;
increases the payments for burial and funeral expenses for service-
connected veterans from $1,500 to $2,000; and increases the burial plot
allowance for eligible veterans from $150 to $300.
Lastly, the measure makes the second improvement in as many years for
spouses of children of 100 percent service-connected disabled veterans
or their survivors of veterans who die from their service-connected
disability. The monthly education benefit would increase from $588 per
month to $670 per month.
Lastly, following the recommendations of the congressional Veterans
Claim Adjudication Commission and the congressional Commission on
Service Members and Veterans Transition Assistance, the bill gives the
VA greater authority to reach out to those service members defending
our freedom around the world before they leave the military.
The VA will now have the authority to create regional offices
overseas, thus creating a vision for a world-class worldwide
organization. And the Departments of Defense, Veterans Affairs, and
Labor will be able to make transition counseling available to first-
time service members as early as 12 months before separation and 24
months prior to separation for retirees.
Mr. Speaker, I include for the Record the Explanatory Statement on
the House Amendment.
Explanatory Statement on House Amendment to Senate Amendments to H.R.
1291
The House amendment to the Senate amendments to H.R. 1291
reflect a compromise agreement that the House and Senate
Committees on Veterans' Affairs have reached on H.R. 801,
H.R. 1291, H.R. 2540, H.R. 3240, and S. 1088. H.R. 801 passed
the House on March 27, 2001. H.R. 1291 passed the House on
June 19, 2001. H.R. 2540 passed the House on July 31, 2001.
H.R. 3240 passed the House on November 13, 2001. The Senate
considered S. 1088 (hereinafter known as the ``Senate bill'')
on December 7, 2001. This measure was incorporated in H.R.
1291 as an amendment and passed the Senate by unanimous
consent on December 7, 2001.
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of H.R. 1291, as amended,
(hereinafter referred to as the ``Compromise Agreement'').
Differences between the provisions contained in the
Compromise Agreement and the related provisions of H.R. 801,
H.R. 1291, H.R. 2540, H.R. 3240, and S. 1088 are noted in
this document, except for clerical corrections, conforming
changes made necessary by the Compromise Agreement, and minor
drafting, technical, and clarifying changes.
TITLE I--EDUCATIONAL ASSISTANCE PROVISIONS
INCREASES IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY
GI BILL
Current Law
Section 3011 of title 38, United States Code, establishes
basic educational assistance entitlement under the All-
Volunteer Force Educational Assistance Program, commonly
referred to as the Montgomery GI Bill or MGIB--Active Duty
program. Section 3015 establishes the base amount of such
educational assistance at the monthly rate of $528 for a 3-
year period of service and $429 for a 2-year period of
service. These amounts increased to $650 per month and $528
per month, respectively, on November 1, 2000. With the
addition of a cost-of-living adjustment (COLA) on October 1,
2001, the rates are $672 and $546, respectively.
House Bill
Section 2(a)(1) of H.R. 1291 would amend section 3015(a)(1)
to increase the amount of educational benefits under the
Montgomery GI Bill for an approved program of education on a
full-time basis from the current monthly rate of $650 ($672
with COLA) for an obligated period of active duty of 3 or
more years to $800 effective October 1, 2001, $950 effective
October 1, 2002, and $1,100 effective October 1, 2003.
Section 2(a)(2) of H.R. 1291 would amend section 3015(b)(1)
of title 38, United States Code, to increase the amount of
educational benefits for an obligated period of active duty
of 2 years from the current monthly rate of $528 ($546 with
COLA) to $650 effective October 1, 2001, $772 effective
October 1, 2002, and $894 effective October 1, 2003.
Section 2(b) of H.R. 1291 would suspend the statutory
annual adjustment in MGIB rates based on the Consumer Price
Index beginning in fiscal year 2002 and reinstate that
adjustment beginning in fiscal year 2005.
Senate Bill
Section 101 of the Senate bill would increase the amount of
educational benefits under the Montgomery GI Bill for
veterans whose original service obligation was 3 or more
years to $700 in fiscal year 2002, $800 in fiscal year 2003,
and $950 in fiscal year 2004. For veterans whose original
service obligation was 2 years, the monthly educational
benefit would be increased to $569 in fiscal year 2002, $650
in fiscal year 2003, and $772 in fiscal year 2004.
Compromise Agreement
Section 101 of the compromise agreement would increase the
amount of educational benefits under the Montgomery GI Bill
for an obligated period of active duty of 3 or more years to
$800 effective January 1, 2002; $900 effective October 1,
2002; and $985 effective October 1, 2003. For service
obligation of 2 years, increases are to $650 effective
January 1, 2002; $732 effective October 1, 2002; and $800
effective October 1, 2003. The COLA is suspended for Fiscal
Years 2003 and 2004.
INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
Current Law
Chapter 35 of title 38, United States Code, provides
educational assistance to spouses and dependent children of
veterans who are totally disabled or who die as a result of a
service-connected condition. Eligible persons are paid at a
monthly rate of $588, $441, and $294, respectively, for full,
three-quarter, and half-time studies. The cost-of-living
adjustment (COLA) furnished on October 1, 2001, increased
these rates to $608, $456, and $304, respectively.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 106 of the Senate bill would increase the monthly
amount of education benefits provided under chapter 35 of
title 38, United States Code, for full-time students from
$588 ($608 with the COLA) to $690, from $441 ($456 of COLA)
to $517 for three-quarter time students, and from $294 ($306
with the COLA) to $345 for half-time students (rates in
current law after cost-of-living adjustment). These
increases would take effect October 1, 2001.
Compromise Agreement
Section 102 of the compromise agreement would follow the
language of the Senate bill, except that it would increase
the monthly amount of education benefits provided to full-
time students in traditional education programs, training in
business or industry, correspondence courses or special
restorative training from $608 to $670 on January 1, 2002.
The compromise agreement would also include increases for on-
job training, apprenticeship, and farm cooperative programs.
RESTORATION OF CERTAIN EDUCATION BENEFITS OF INDIVIDUALS BEING ORDERED
TO ACTIVE DUTY
Current Law
Sections 3013(f)(2), 3231(a)(5), and 3511(a)(2)(B)(i) of
title 38, United States Code, provide that no educational
allowance paid to servicemembers, reservists, or eligible
dependents shall be counted against the total length or
amount of their education entitlement if the pursuit of an
educational objective was interrupted as a result of being
ordered to serve in connection with the Persian Gulf War.
House Bill
H.R. 3240 would restore entitlement under the Montgomery GI
Bill (MGIB), Veterans' Educational Assistance Program (VEAP),
and Survivors' and Dependents' Educational Assistance program
(DEA) for any servicemembers, reservists, or DEA recipients
called to active duty during Operation Enduring Freedom and
at any time in the future.
Senate Bill
Section 105 of the Senate bill would restore entitlement
under the MGIB, VEAP, and
[[Page H9137]]
Survivor's and DEA programs for any servicemembers,
reservists, or DEA recipients called to active duty in
connection with the National Emergency declared by the
Presidential Proclamation dated September 14, 2001.
Compromise Bill
Section 103 of the compromise agreement follows the House
language and adds entitlement restoration for persons
pursuing education or training under chapter 31 of title 38,
United States Code. Further, the period during which the
person may use his or her educational benefits under chapters
31 or 35 would be the period equal to the length of active
service for which the person is recalled, plus four months.
ACCELERATED PAYMENTS OF EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL
FOR EDUCATION LEADING TO EMPLOYMENT IN HIGH TECHNOLOGY INDUSTRY
Current Law
Section 3014 of title 38, United States Code, provides that
the basic educational benefit available under the Montgomery
GI Bill be disbursed in up to 36 monthly installments.
Benefits are provided for each month in which the MGIB
participant is certified to be participating in a course of
study. If requested by a veteran, section 3680(d)(2) of title
38, United States Code, allows for an advance payment of
educational assistance in an amount equivalent to the
allowance for the month, or fraction thereof, in which
pursuit of an education program will commence, plus the
allowance for the succeeding month. This payment structure is
geared primarily toward the pursuit of traditional two- and
four-year degrees.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 103 of the Senate bill would further expand the
Montgomery GI Bill benefit to accommodate a compressed
schedule of courses leading to employment in a high
technology industry by authorizing accelerated payment
covering up to 60% of the cost of a high technology course,
provided the cost of such course exceeds 200% of the monthly
MGIB rate. This lump sum would be deducted from the veteran's
remaining MGIB entitlement.
Compromise Agreement
Section 104 of the compromise agreement follows the Senate
language, effective October 1, 2002.
ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS OF CERTAIN ADDITIONAL
VIETNAM-ERA VETERANS
Current Law
Section 3011 of title 38, United States Code, provides that
a Vietnam-era veteran may convert his or her Vietnam-era GI
Bill benefit to the Montgomery GI Bill educational benefit,
if the veteran had eligibility for Vietnam-era GI Bill
benefits as of December 31, 1989, was on active duty on
October 19, 1984, and served 3 continuous years after June
30, 1985.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 104 of the Senate bill would enable Vietnam-era
veterans to convert their Vietnam-era GI Bill benefits to
Montgomery GI Bill benefits if the veteran had eligibility
for the Vietnam-era GI Bill benefits as of December 31, 1989,
was not on active duty on October 19, 1984, and served 3
continuous years in the Armed Forces on or after July 1,
1985.
Compromise Agreement
Section 105 of the compromise agreement follows the Senate
language.
increase in maximum allowable annual rotc award for eligibility for
benefits under the montgomery gi bill
Current Law
Sections 3011(c)(3)(B) and 3012(d)(3)(B) of title 38,
United States Code, provide that $2,000 is the maximum annual
amount of a partial scholarship that a participant in the
Senior Reserve Officers' Training Corps (SROTC) may receive
and still be eligible for basic educational assistance
entitlement for service on active duty under the Montgomery
GI Bill educational assistance program.
House Bill
Section 101 of H.R. 801 would increase from $2,000 to
$3,400 per year the amount a student under SROTC may receive
in scholarship assistance and still retain eligibility for
the Montgomery GI Bill--Active Duty under chapter 30, of
title 38, United States Code.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 106 of the compromise agreement follows the House
language.
expansion of work-study opportunities
Current Law
Section 3485(a)(1) of title 38, United States Code,
establishes work-study policies for veteran-students and
eligible dependents. In general, VA work-study students may
prepare or process VA paperwork at schools or VA facilities,
provide care at VA hospitals and domiciliaries, or work at
Department of Defense facilities in certain circumstances.
House Bill
Section 102 of H.R. 801 would expand work-study
opportunities for veteran-students and eligible dependents to
include: outreach services furnished by State Approving
Agencies to servicemembers and veterans; activities for
veteran-students and/or dependents (who have declared an
academic major) within the department of an academic
discipline that complements and reinforces the program of
education pursued by the veteran-student; and the provision
of chapter 17 of title 38, United States Code, domiciliary
care and nursing home and hospital care to veterans,
including state veterans homes.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 107 of the compromise agreement follows the House
language but excludes work-study opportunities within the
department of the veteran-student's academic discipline, and
adds additional work-study opportunities through national and
state veterans cemeteries.
eligibility for survivors' and dependents' educational assistance
benefits of spouses and surviving spouses of veterans with total
service-connected disabilities
Current Law
Spouses of veterans who die of service-connected
conditions, who are rated as totally and permanently
disabled, or who die while rated as totally and permanently
disabled, are eligible for Survivors' and Dependents'
Educational Assistance (DEA) benefits. Prior to Ozer v.
Principi, a 2001 decision by the U.S. Court of Appeals for
Veterans Claims, 14 Vet. App. 257 (2001), VA applied a 10-
year delimiting period during which spouses were eligible to
use their DEA benefits. VA had been following regulations
stating that the 10-year delimiting period began when
eligibility is first established. However, the statute which
authorized the DEA regulations prescribed that a spouse may
not receive educational assistance beyond 10 years after the
last occurrence of three eligibility criteria, one of which
is the veteran's death. In its Ozer decision, the Court
invalidated the VA regulation, reasoning that the delimiting
period established by VA was in conflict with the authorizing
statute.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 107 of the Senate bill would reinstate a 10-year
delimiting period in which spouses may, upon first becoming
eligible, use DEA benefits. Spouses made eligible for DEA
under more than one of the eligibility criteria would have
two separate 10-year delimiting periods in which to use
their DEA benefits, but in no case would their aggregate
entitlement exceed 45 months.
Compromise Agreement
Section 108 of the compromise agreement follows the Senate
language.
expansion of special restorative training benefit to certain disabled
spouses or surviving spouses
Current Law
Section 3541 of title 38, United States Code, provides that
eligible children entitled to assistance under the Survivors'
and Dependents' Educational Assistance program of chapter 35
may receive special restorative training to overcome or
lessen the effects of a physical or mental disability and
enable them to undertake a program of education.
House Bill
Section 104 of H.R. 801 would expand the special
restorative training benefit provided under the chapter 35
program to include certain disabled spouses or surviving
spouses.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 109 of the compromise agreement follows the House
language.
inclusion of certain private technology entities in the definition of
educational institution
Current Law
Section 3452(c) of title 38, United States Code, defines
``educational institution'' as any public or private
elementary school, secondary school, vocational school,
correspondence school, business school, junior college,
teachers' college, college, normal school, professional
school, university, scientific or technical institution
furnishing education for adults. Section 3501(a)(6) of title
38, United States Code, uses a substantively identical
definition with the addition of any other institution if it
furnishes education at the secondary school level or above.
House Bill
Section 103 of H.R. 801 would expand the definition of an
educational institution to include any private entity that
offers, either directly or under an agreement with another
entity, a course or courses to fulfill a requirement 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 technological occupation, as
determined by the Secretary.
Senate Bill
Section 105 of the Senate bill contains a substantively
identical provision.
[[Page H9138]]
Compromise Agreement
Section 110 of the compromise agreement follows the Senate
language.
distance education
Current Law
Section 3680A(a)(4) of title 38, United States Code, limits
the enrollment of an eligible veteran to an accredited
independent study program (including open circuit television)
leading to a standard college degree.
House Bill
Section 105 of H.R. 801 would permit eligible veterans to
receive VA education benefits while pursuing non college-
degree courses that are offered through independent study by
institutions of higher learning.
Senate bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 111 of the compromise agreement follows the House
language.
TITLE II--COMPENSATION AND PENSION PROVISIONS
modification and extension of authorities on presumption of service-
connection for herbicide-related disabilities of vietnam-era veterans
Current Law
Under section 1116(a)(2)(F) of title 38, the presumption of
service-connection with respect to respiratory cancers is
limited to those cancers manifesting within 30 years of a
servicemember's last active-duty date in Vietnam.
The CAVC decision in McCartt v. West, 12 Vet. App. 164
(1999) held that the Department of Veterans Affairs (VA) can
only presume exposure to Agent Orange if the Vietnam veteran
has one of the diseases listed as related to such exposure in
38 U.S.C. Sec. 1116(a) or 38 C.F.R. Sec. 3.309(e). VA
practice prior to this decision had been to presume exposure
for anyone who had served in Vietnam during the
statutorily defined period of war unless there was
affirmative evidence to the contrary.
Section 1116 authorizes the Secretary of Veterans' Affairs
to establish, through regulation, a presumption of service-
connection for diseases associated with exposure to Agent
Orange. The Secretary is further authorized to contract with
the National Academy of Sciences for the purposes of studying
the effects of dioxin, and is required to base the
establishment of a presumption of service-connection on NAS
findings. This authority commenced in 1993 and will expire at
the end of Fiscal Year 2003.
House Bill
Section 201 of H.R. 2540 codifies VA's July 9, 2001,
regulation providing benefits for Vietnam veterans with Type
2 diabetes.
Senate Bill
Section 201 of the Senate bill would remove the 30-year
limitation on the manifestation of respiratory cancer. This
section would also change the result of the CAVC decision in
McCartt by requiring VA to presume exposure to Agent Orange
for all persons serving in Vietnam during the statutorily
defined period of that conflict.
Section 201 would extend the Secretary's authority to
determine a presumption of service-connection for additional
diseases, based on future NAS Reports, through 2011. VA's
authority to contract with the NAS to review scientific
evidence on the effects of dioxin or herbicide exposure would
be extended through 2011.
Compromise Agreement
Section 201(a)(1) of the compromise agreement follows the
Senate language, but modifies the effective date for
subsection (a) of the Senate bill to January 1, 2002. Section
201(a)(2) of the compromise directs the Secretary to enter
into a contract with the National Academy of Sciences
specifically to review available scientific literature on
exposure to herbicides and dioxin and the development of
respiratory cancers. Section 201(a)(3) allows the Secretary
to consider whether an upper limit on manifestation of
respiratory cancers can be supported, and to impose such a
limit by regulation if warranted, by available scientific
evidence. Section 201(4) protects a grant of service-
connection made under this section for purposes of all
benefits administered by the Secretary; section 201(b) of the
compromise agreement provides a statutory presumption of
service-connection of Diabetes Type 2 for veterans exposed to
Agent Orange and follows the House language; section 201(c)
of the compromise agreement presumes that veterans who served
in the Republic of Vietnam during the time period when
herbicides were used were exposed to herbicides and follows
the Senate language; and section 201(d) of the compromise
agreement extends the Secretary's authority to contract with
NAS through October 1, 2014, and extends the Secretary's
authority to determine a presumption of service-connection
through September 30, 2015.
PAYMENT OF COMPENSATION FOR PERSIAN GULF WAR VETERANS WITH CERTAIN
CHRONIC DISABILITIES
Current Law
Public Law 103-446 gave the Secretary the authority to
compensate a Gulf War veteran who suffers from disabilities
that cannot be diagnosed or clearly defined, when other
causes cannot be identified. Section 1117 of title 38, United
States Code, sets forth parameters for compensating
disabilities occurring in Gulf War veterans.
House Bill
Section 202 of H.R. 2540 would expand, effective April 1,
2002, the definition of ``undiagnosed illness'' for Gulf War
veterans to include fibromyalgia, chronic fatigue syndrome,
and chronic multisymptom illness, as well as other illnesses
that cannot be clearly defined. Signs and symptoms listed in
the House bill that are associated with an undiagnosed
illness include headache, muscle pain, joint pain, neurologic
signs or symptoms, neuropsychological signs or symptoms,
signs or symptoms involving the respiratory system (upper or
lower), sleep disturbances, gastrointestinal signs or
symptoms, cardiovascular signs or symptoms, abnormal weight
loss, and/or menstrual disorders.
Senate Bill
Section 202(b) of the Senate bill would expand the
definition of ``undiagnosed illness'' by adding poorly
defined chronic multisymptom illnesses of unknown etiology,
regardless of diagnosis, characterized by two or more of the
symptoms already listed in VA regulations. This section would
also extend the presumptive period for service connection for
Gulf War veterans by 10 years.
Compromise Agreement
Section 202 of the compromise agreement authorizes the
Secretary effective March 1, 2002, to pay compensation to any
eligible Gulf War veteran chronically disabled by an
``undiagnosed illness,'' a ``medically unexplained chronic
multisymptom illness defined by a cluster of signs or
symptoms,'' or ``any diagnosed illness that the Secretary
determines in regulations prescribed under subsection (d)
warrants a presumption of service-connection'' (or any
combination of these). The term ``undiagnosed illnesses'' has
been interpreted by VA to preclude from eligibility for
benefits under section 1117 or 1118 of title 38, United
States Code, any veteran who has received a diagnosis, even
if that diagnosis is merely a descriptive label for a
collection of unexplained symptoms. This provision's addition
of ``medically unexplained chronic multisymptom illness
defined by a cluster of signs or symptoms'' to the list of
compensable conditions fully implements the intent of Public
Law 103-446. Public Law 103-446 authorized the Secretary to
compensate certain Gulf War veterans disabled by symptoms
that could not be connected conclusively to specific wartime
exposures otherwise not compensable under other existing
statutory bases.
In selecting this language, it is the intent of the
Committees to ensure eligibility for chronically disabled
Gulf War veterans not withstanding a diagnostic label by a
clinician in the absence of conclusive pathophysiology or
etiology. The compromise agreement's definition encompasses a
variety of unexplained clinical conditions, characterized by
overlapping symptoms and signs, that share features such as
fatigue, pain, disability out of proportion to physical
findings, and inconsistent demonstration of laboratory
abnormalities. Aaron and Buchwald, A Review of the Evidence
for Overlap Among Unexplained Clinical Conditions, 134(9)
Annals of Internal Med: 868-880 (2001). Although chronic
fatigue syndrome, fibromyalgia, and irritable bowel syndrome
are the most common diagnoses under this definition, other
conditions that may be characterized similarly include other
chronic musculoskeletal pain disorders and chronic headache
disorders.
By listing the first three diagnoses as examples, it is the
Committees' intent to give guidance to the Secretary rather
than to limit eligibility for compensation based upon other
similarly described conditions that may be defined or
redefined in the future. The Committees do not intend this
definition to assert that the cited syndromes can be
clinically or scientifically linked to Gulf War service based
on current evidence, nor do they intend to include chronic
multisymptom illnesses of partially understood etiology and
pathophysiology such as diabetes or multiple sclerosis.
In evaluating chronic multisymptom illnesses, the
Committees expect that VA will develop a schedule for rating
disabilities based on severity of symptoms and the degree to
which these impair a veteran's ability to obtain and retain
substantially gainful employment. The ratings schedule
already established by VA in section 4.88b of 38 CFR (6354)
for chronic fatigue syndrome bases the degree of disability
on the veteran's incapacitation rather than specific medical
findings. This schedule can be used as a model for rating
disabilities stemming from chronic multisymptom illnesses in
general.
The compromise agreement includes a technical correction
substituting a date certain of October 1, 2010, for ``10
years after the last day of the fiscal year in which the
National Academy of Sciences (NAS) submits the first report''
as written under current law in section 1603(j) of the
Persian Gulf War Veterans Act of 1998. This provision
requires the Secretary to contract with the NAS for five
biennial reports on Gulf War health issues. The compromise
also amends sections 1117 and 1118 of title 38, United States
Code, to clarify that the authority of the Secretary to
determine that a disease warrants presumptive service-
connection based on these NAS reports continuing through
September 30, 2011.
[[Page H9139]]
PRESERVATION OF SERVICE CONNECTION FOR UNDIAGNOSED ILLNESSES TO PROVIDE
FOR PARTICIPATION IN RESEARCH PROJECTS BY GULF WAR VETERANS
Current Law
Under current law, the Secretary does not have specific
authority to protect a Persian Gulf War veteran's grant of
service connection for an undiagnosed illness if, as a result
of participating in a medical research study, the condition
is diagnosed.
House Bill
Section 203 of H.R. 2540 would authorize the Secretary to
protect the grant of service connection for an undiagnosed
illness when a Persian Gulf War veteran participates in a VA-
sponsored medical research project. The Secretary would be
required to publish in the Federal Register any medical
research project whose participants would be protected under
this section. The Secretary's authority extends to research
projects commenced before, on or after date of enactment.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 203 of the compromise agreement protects veterans
participating in medical research projects sponsored by the
Department from loss of service-connection if the Secretary
determines that such protection is necessary for conduct of
the medical research. The Secretary is required to publish in
the Federal Register a list of medical research projects
sponsored by the Department for which service-connection is
protected under this section.
REPEAL OF THE LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT
VETERANS
Current Law
Subsections (b) and (c) of section 5503 of title 38, United
States Code, establishes that compensation and pension
benefits cannot be issued to an incompetent,
institutionalized veteran with no dependents whose assets
exceed five times the 100-percent compensation rate. Public
Law 106-419 raised the dollar amount of the cutoff from
$1,500 to its present level.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 209 of the Senate bill would repeal the asset
limitation on payment of benefits to incompetent
institutionalized veterans who have no dependents.
Compromise Agreement
Section 204 of the compromise agreement follows the Senate
language.
EXTENSION OF ROUND-DOWN REQUIREMENT FOR COMPENSATION COST-OF-LIVING
ADJUSTMENTS
Current Law
Under sections 1104 and 1303 of title 38, United States
Code, the Secretary has the authority to round down to the
next lower whole dollar amount in the computation of cost-of-
living adjustments through fiscal year 2002.
House Bill
The House bills contain no comparable provision.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 205 of the compromise agreement extends the
Secretary's authority to round down to the next lower whole
dollar amount the computation of cost-of-living adjustments
through Fiscal Year 2011.
EXPANSION OF PRESUMPTIONS OF PERMANENT AND TOTAL DISABILITY FOR
VETERANS APPLYING FOR NONSERVICE-CONNECTED PENSION
Current Law
Under section 1502(a) of title 38, United States Code,
applicants for nonservice-connected pensions are considered
to be totally and permanently disabled if they are
unemployable, unable to follow a gainful occupation, or
determined by the Secretary to be totally and permanently
disabled. It is the Committees' understanding that VA
regional office directors have been verbally instructed to
implement a policy of presuming permanent and total
disability for veterans who are patients in nursing homes for
long-term care, or veterans determined permanently disabled
by the Social Security Administration.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 203 of the Senate bill would presume that veterans
who are in nursing homes for long-term care; are determined
to be permanently disabled by the Social Security
Administration (SSA); are at least 65 years old and have no
current, recurring income from employment; or are
unemployable as a result of a disability reasonably certain
to continue throughout life, are permanently and totally
disabled for purposes of nonservice-connected pension. This
provision would be made retroactive to September 10, 2001.
Compromise Agreement
According to information provided to the Committees, VA has
recently instructed its employees to adjudicate pension
claims for veterans who are patients in long-term care
facilities or who have been determined to be permanently
disabled by the Social Security Administration without
requiring a VA determination of disability. The Committees
express their strong disapproval of the verbal manner in
which the policy changes concerning evaluation of disability
for patients in long-term care and those determined disabled
by SSA were implemented. Verbally advising VA regional office
directors to implement major policy changes without issuing
either formal regulations or written guidance invites
misinterpretation and confusion. The Committees strongly urge
the Secretary to communicate all interpretative changes to
policy in writing to appropriate officials, to make such
instructions available to the public, and to comply with the
notice and comment requirements of the Administrative
Procedures Act for all substantive rules.
Section 206(a)(1) of the compromise agreement provides
specific statutory authority for the evidentiary presumption
verbally communicated to regional office directors for
determining the eligibility of patients in a nursing home for
long-term care to be disabled for purposes of pension
benefits. The compromise agreement follows the Senate
language and provides for an effective date of September 17,
2001, the date VA regional offices are believed to have
implemented this policy.
Section 206(a)(2) of the compromise agreement provides that
persons who have been determined disabled by the Social
Security Administration (SSA) will be considered disabled for
purposes of pension benefits. Since the Committees believe
that a SSA disability determination is an appropriate
evidentiary basis for considering a veteran disabled, the
compromise agreement considers a veteran disabled if SSA has
made a determination of disability. The bill provides for an
effective date of September 17, 2001, the date VA regional
offices are believed to have implemented this policy.
Section 206(a)(3) of the compromise agreement provides that
a person shall be considered disabled if the veteran is
unemployable as a result of disability reasonably certain to
continue throughout the life of the person. The compromise
agreement follows the Senate language.
Section 206(a)(4) restates provisions currently contained
in section 1502(a)(1) and (2) of current law. The compromise
agreement follows the Senate language.
ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER FOR VETERANS' PENSION
BENEFITS
Current Law
Public Law 90-77 provided that a veteran is presumed
disabled for purposes of pension benefits at age 65. Public
Law 101-508 revoked the Secretary's authority to presume that
a veteran was disabled for purposes of pension benefits at
age 65. Although the Secretary lacks statutory authority to
presume disability at age 65, it is the Committees'
understanding that VA regional office directors were
verbally instructed to implement a policy of presuming
disability for pension applicants aged 65 and older.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 203(a)(3) of the Senate bill would restore the
presumption of disability for purposes of pension eligibility
at age 65 for veterans who based on evidence available to the
Secretary have no current recurring income from employment.
Compromise Agreement
According to information provided to the Committees, VA has
recently instructed its employees to adjudicate pension
claims for veterans who are aged 65 or older and who have no
wages from employment without requiring a VA determination of
disability. The Committees express their strong disapproval
of the Secretary's decision to ignore the requirements of
Public Law 101-508 prohibiting a presumption of disability
for purposes of pension eligibility at age 65 by verbally
reinstating the policy. When the Secretary believes that
legislation passed by Congress and enacted into law is unwise
or administratively inefficient, it is the Secretary's
responsibility to propose appropriate legislation to the
Congress so that the problem identified can be corrected.
Verbally instructing VA regional office directors to ignore
statutory requirements and to presume that veterans are
disabled at age 65 without authorizing legislation violates
current law. The Committees expect the Secretary to advise
Congress of any statutory provisions, which in the judgment
of the Secretary are detrimental to caring for our Nation's
veterans, and to transmit appropriate corrective legislative
proposals for consideration.
Section 207 of the compromise agreement provides that a
pension will be provided to wartime veterans aged 65 and
older without regard to disability. These veterans must still
meet the nondisability requirements of section 1521 of title
38, United States Code, such as income and net worth. In
determining that benefits will be provided at age 65 without
regard to employment status, the Committees note that any
veteran employed full-time and receiving at least a minimum
wage would not qualify for pension based on the pension
income limitations.
Nonetheless, the Committees agree that a policy of
requiring proof of disability for an
[[Page H9140]]
aged wartime veteran with incomes below the pension benefit
amount involves use of scarce agency resources without a
commensurate return. The Committees have determined that aged
wartime veterans should be provided a needs-based pension
under conditions similar to that provided for veterans of the
Indian Wars and the Spanish-American War. The compromise
agreement renders a wartime veteran eligible for a needs-
based pension upon attaining age 65 effective September 17,
2001, the date VA regional offices are believed to have
implemented a policy of providing a presumption of disability
for wartime veterans aged 65 and older.
TITLE III--TRANSITION AND OUTREACH PROVISIONS
AUTHORITY TO ESTABLISH OVERSEAS VETERANS ASSISTANCE OFFICES TO EXPAND
TRANSITION ASSISTANCE
Current Law
Sections 7722, 7723 and 7724 of title 38, United States
Code, set forth VA's responsibilities with respect to
outreach services, including outreach provided to separating
servicemembers and eligible dependents. These sections do not
specifically provide for the establishment and maintenance of
veterans' assistance offices on military installations
outside of the United States, its territorial possessions, or
the Commonwealth of Puerto Rico. Through a funding
arrangement with the Department of Defense, VA currently
assigns representatives overseas on a rotational basis in a
number of locations with large military populations.
House Bill
Section 201(a) of H.R. 801 would amend section 7723(a) of
title 38, United States Code, to give the Secretary specific
discretionary authority to establish veterans' assistance
offices on such military installations in other locations as
the Secretary determines necessary. In doing so, the
Secretary would be required to consult with the Secretary of
Defense.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 301 of the compromise agreement follows the House
language.
TIMING OF PRESEPARATION COUNSELING
Current Law
The Departments of Defense, Veterans Affairs, and Labor
assist separating servicemembers with benefits and services
to facilitate a successful transition to civilian life.
Currently, section 1142(a)(1) of title 10, United States
Code, requires that pre-separation counseling begin not less
than 90 days prior to discharge or release.
House Bill
Section 202 of H.R. 801 would change the timing of
preseparation counseling to begin as soon as possible during
the 24-month period preceding an anticipated retirement and
as soon as possible during the 12-month period preceding
other separations, but in no event later than 90 days before
the date of discharge or release. In the case of an
unanticipated retirement or other separation with 90 days or
fewer prior to separation, preseparation counseling shall
begin as soon as possible within the remaining period of
service. Except in the case of a servicemember who is
being retired or separated for a disability, the Secretary
concerned would not be permitted to provide preseparation
counseling to a servicemember who is being discharged or
released before the completion of that servicemember's
first 180 days of active duty service.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 302 of the compromise agreement follows the House
language.
IMPROVEMENT IN EDUCATION AND TRAINING OUTREACH SERVICES FOR SEPARATING
SERVICEMEMBERS AND VETERANS
Current Law
Section 3672(d) of title 38, United States Code, requires
that the Secretary of Veterans Affairs actively promote the
development of programs for purposes of section 3677 (on the
job training) and section 3687 (apprenticeship or other on-
job training).
House Bill
Section 203 of H.R. 801 would require that State Approving
Agencies (SAA), in addition to the Secretary, actively
promote the development of VA programs of training on the job
(including programs of apprenticeship) under chapter 36 of
title 38, United States Code. Section 203 would also require
SAAs, in conjunction with outreach services furnished by the
Secretary for education and training benefits under chapter
77 of title 38, United States Code, to conduct outreach
programs and provide outreach services to eligible persons
and veterans about education and training benefits available
under applicable Federal and State law.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 303 of the compromise agreement follows the House
language.
IMPROVEMENT OF VETERANS OUTREACH PROGRAMS
Current Law
Section 7722(c) of title 38, United States Code requires
the Secretary to distribute full information to eligible
veterans and eligible dependents regarding all benefits and
services to which they may be entitled under laws
administered by the Department and may, to the extent
feasible, distribute information on other governmental
programs (including manpower and training programs) that the
Secretary determines would be beneficial to veterans.
House Bill
Section 205 of H.R. 801 would require VA, whenever a
veteran or dependent first applies for any benefit (including
a request for burial or related benefits or on application
for life insurance proceeds), to provide information
concerning all benefits and health services under programs
administered by the Secretary.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 304 of the compromise agreement follows the House
language with a modification that the Secretary provides the
information within 3 months of the veteran or dependent
making an initial contact with VA.
TITLE IV--HOUSING MATTERS
INCREASE OF THE VA HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND
PURCHASE OF HOMES
Current Law
Under section 3703 of title 38, United States Code, VA
currently provides a guaranty of up to $50,750 on home
mortgage loans issued to eligible veterans by private
lenders.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 301 of the Senate bill would increase the maximum
home mortgage loan guaranty amount to $63,175.
Compromise Agreement
Section 401 of the compromise agreement would increase the
maximum home mortgage loan guaranty amount to $60,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM
Current Law
Section 3761 of title 38, United States Code, established a
pilot program whereby the Secretary may make direct housing
loans to Native American veterans to permit such veterans to
purchase, construct, or improve dwellings on trust land.
The pilot program expires on December 31, 2001.
Current law requires a tribe to enter into a Memorandum of
Understanding (MOU) with VA before VA can make home loans to
members of that tribe.
House Bill
Section 404(a) of H.R. 2540 would extend to December 31,
2005, VA's direct loan program for Native American veterans
living on trust lands. Section 404(b) would amend section
3762(a)(1) of title 38, United States Code, to permit VA to
make a direct housing loan to a member of a Native American
tribe that has entered into an MOU with another federal
agency if that MOU generally conforms to the requirements of
VA's program.
Senate Bill
Section 302 of the Senate bill extends the Native American
veterans housing loan program to December 31, 2005. It also
extends the requirement of an annual report under section
3762(j) through 2006.
Compromise Agreement
Section 402 of the compromise agreement follows the House
language with the addition of the reporting requirement until
2006.
MODIFICATION OF LOAN ASSUMPTION NOTICE REQUIREMENT
Current Law
Section 3714(d) of title 38, United States Code, requires
that all VA loans and security instruments contain on the
first page in letters two and one half times the size of the
regular type face used in the document, a statement that the
loan is not assumable without approval of VA or its
authorized agent.
House Bill
Section 405 of H.R. 2540 would modify the requirement in
section 3714(d) of title 38, United States Code, by requiring
that such notice appear conspicuously on at least one
instrument (such as a VA rider) under guidelines established
by VA in regulations.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 403 of the compromise agreement follows the House
language.
INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY ADAPTED HOUSING
Current Law
The Secretary is authorized in chapter 21 of title 38,
United States Code, to assist eligible veterans in acquiring
suitable housing and adaptations with special fixtures made
necessary by the nature of the veteran's service-connected
disability, and with the necessary land. The assistance
authorized for a severely disabled veteran shall not exceed
$43,000. The amount authorized for less severely disabled
veterans shall not exceed $8,250.
House Bill
Section 305 of H.R. 801 would increase the grant for
specially adapted housing for severely disabled veterans to
$48,000 and for less severely disabled veterans to $9,250.
[[Page H9141]]
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 404 of the compromise agreement follows the House
language.
EXTENSION OF OTHER HOUSING AUTHORITIES
Current Law
Subsection 3702(a)(2)(E) of title 38, United States Code,
authorizes VA to provide housing loan guaranties to members
of the Selected Reserve through
September 30, 2007; subsection 3720(h)(2) authorizes VA to
issue guaranties of timely principal and interest payments on
trust-issued securities backed by vendee loans through
December 31, 2008; subsection 3729(b)(2) authorizes VA to
charge a loan fee for VA home loan guaranties through October
1, 2008; and subsection 3732(c)(11) of title 38, United
States Code, authorizes VA to apply specified procedures for
liquidation sales to defaulted home loans guaranteed by VA
through October 1, 2008.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 303(a) of the Senate bill extends VA's authority to
provide housing loan guaranties to members of the Selected
Reserve through September 30, 2011; section 303(b) extends
VA's loan asset sale authority through December 31, 2011;
section 303(c) extends the VA's authority to charge a loan
fee for VA home loan guaranties through October 1, 2011; and
section 303(d) extends VA's authority to apply procedures for
liquidation sales to defaulted home loans guaranteed by VA
through October 1, 2011.
Compromise Agreement
Section 405(a) of the compromise agreement extends the
housing loan guaranties to members of the Selected Reserve
through September 30, 2009; sections 405(b) through (d) of
the compromise agreement follows the Senate language.
TITLE V--OTHER MATTERS
INCREASE IN BURIAL BENEFITS
Current Law
Under section 2307 of title 38, United States Code, the
Secretary, upon request of the survivors of a veteran, shall
pay the burial and funeral expenses incurred in connection
with the death of a veteran. In the case of a veteran who
dies as the result of a service-connected disability, the
amount would not exceed the greater of (1) $1,500, or (2) the
amount authorized to be paid under section 8134(a) of title
5, United States Code, in the case of a federal employee
whose death occurs as the result of an injury sustained in
the performance of duty. In the case of nonservice-connected
deaths, section 2302 of title 38, United States Code provides
for a payment in the amount of $300 for veterans in receipt
of compensation or pension. Section 2303(b) of title 38,
United States Code, also authorizes the Secretary to pay a
$150 plot allowance for eligible veterans buried in a state
or private cemetery.
House Bill
Section 301(a) of H.R. 801 would increase the burial and
funeral allowance payable for service-connected deaths from
$1,500 to $2,000, and for nonservice connected deaths from
$300 to $500. Section 301(b) would increase the burial plot
allowance from $150 to $300. Section 301(c) would require
that such amounts payable under sections 2302 (funeral
expenses), 2303 (plot allowance), and 2307 (death from
service-connected disability) would be indexed to cost-of-
living increases in benefits paid under the Social Security
Act, title 42, United States Code.
Senate Bill
Section 401 of the Senate bill would increase the burial
benefits for service-connected deaths from $1,500 to $2,000.
Compromise Agreement
Section 501 of the compromise bill would increase burial
benefits for service-connected deaths from $1,500 to $2,000
effective September 11, 2001, and increase the plot allowance
from $150 to $300 effective December 1, 2001.
GOVERNMENT MARKERS FOR MARKED GRAVES AT PRIVATE CEMETERIES
Current Law
Section 2306 of title 38 limits the provision of headstones
and grave markers by VA to the unmarked graves of veterans,
or to commemorate the grave of an eligible person whose
remains are unavailable. A veteran's family is permitted to
obtain a private marker later. However, if a veteran's family
obtains a private marker first, the VA may not furnish a
headstone or grave marker.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 402 of S. 1088 would allow the Secretary of VA to
furnish bronze markers for already privately marked graves.
This section would permit the marker to be located in an
appropriate place to be determined by the cemetery concerned,
within the grounds of the cemetery. Eligibility for grave
markers would apply to deaths occurring after the date of
enactment of this provision and deaths occurring before its
enactment, but after November 1, 1990, so long as the request
for the marker is made within 4 years after the enactment
date.
Compromise Agreement
Section 502 of the compromise agreement creates a five-year
program requiring the Secretary to furnish a bronze marker to
those families that request a government marker for the
marked grave of a veteran at a private cemetery. The
Secretary is required to furnish the marker directly to the
cemetery and the family is required to place the marker on
the veteran's gravesite. Not later then February 1, 2006, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives a report on
the use of this five-year authority to include: the rate and
cost of the use of the benefit by fiscal year; an assessment
if the extent to which markers are being delivered to
cemeteries and placed on gravesites; and the Secretary's
recommendation for extension or repeal of the December 31,
2006, expiration date. The Committees note that the Secretary
should implement this provision in a flexible manner in light
of requests for grave markers pre-dating this provision.
INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE AND ADAPTIVE EQUIPMENT
FOR CERTAIN DISABLED VETERANS
Current Law
Under section 3902(a) of title 38, United States Code, the
Secretary may pay up to $8,000 (including all state, local,
and other taxes) to an eligible disabled servicemember or
veteran to purchase an automobile.
House Bill
Section 304 of H.R. 801 would increase the amount of
assistance for automobile grants from $8,000 to $9,000.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 503 of the compromise agreement follows the House
language.
EXTENSION OF LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF MEDICAID-
COVERED NURSING HOME CARE
Current Law
Under section 5503(f) of title 38, United States Code, VA
pension paid to certain veterans receiving Medicaid-covered
nursing home care is reduced to $90 per month. VA's authority
to reduce the pension amount expires on September 30, 2008.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 210 of the Senate bill would extend through
September 30, 2011, the $90 per month cap on VA pensions paid
to certain veterans receiving Medicaid-covered nursing home
care.
Compromise Agreement
Section 504 of the compromise agreement follows the Senate
language.
PROHIBITION OF VETERANS RECEIVING BENEFITS WHILE FUGITIVE FELONS
Current Law
Public Law 104-193 bars fugitive felons from receiving
Supplemental Security Insurance from the Social Security
Administration and food stamps from the Department of
Agriculture. Currently, there is no law barring veterans who
are fugitive felons from receiving VA benefits.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 207 of the Senate bill would prohibit veterans and
eligible dependents from receiving veterans benefits while a
``fugitive,'' which is defined under this section as 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.
Compromise Agreement
Section 505 of the compromise agreement substantially
follows the Senate language.
LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING
INCARCERATED SINCE OCTOBER 7, 1980
Current Law
Under section 5313(d) of title 38, United States Code,
compensation paid to any veteran incarcerated after October
7, 1980, is reduced to a level equal to the compensation rate
for a 10 percent disability with the balance allowed to be
apportioned to the veteran's dependants, if any.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 208 of the Senate bill would apply the restrictions
listed in section 5313(d) of title 38, United States Code, to
veterans incarcerated before October 7, 1980. This provision
would not affect any payments made prior to the enactment of
this legislation.
Compromise Agreement
Section 506 of the compromise agreement follows the Senate
language. It is the Committees' hope that VA will receive all
necessary cooperation from the state and federal prison
systems in implementing this provision, such as the timely
compiling of data of incarcerated veterans affected by this
change in law.
[[Page H9142]]
ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF APPEAL TO
THE SECRETARY OF VETERANS AFFAIRS
Current Law
Section 7266(b) of title 38, United States Code, requires
an individual appealing a decision of the Board of Veterans'
Appeals to furnish the Secretary of Veterans Affairs with a
copy of his or her notice of appeal to the U.S. Court of
Appeals for Veterans Claims.
House Bill
Section 406 of H.R. 2540 repeals section 7266(b) of title
38, United States Code.
Senate Bill
The Senate bill contains no comparable provision.
Compromise Agreement
Section 507 of the compromise agreement follows the House
language.
INCREASE IN FISCAL YEAR LIMITATION ON THE NUMBER OF VETERANS IN
PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE
Current Law
Under section 3120 of title 38, United States Code, VA's
Vocational Rehabilitation and Employment Service maintains an
independent living program designed to assist service-
disabled veterans, who are too disabled to retrain for
employment, in achieving and maintaining defined independent
living outcomes. Subsection 3120(e) of this title limits
participation in this program to no more than 500 veteran
participants per fiscal year. Despite this limitation, VA has
been providing services to approximately 2,400 veterans per
year.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 501 of the Senate bill would eliminate the 500-
veteran cap for participants of the independent living
program, and would retain first priority to veterans for whom
there is a reasonable feasibility of achieving a vocational
goal but for their service-connected condition.
Compromise Agreement
Section 508 of the compromise agreement would increase the
maximum number of veterans allowed to participate in the VA
independent living program to 2,500, and would retain first
priority to veterans for whom there is a reasonable
feasibility of achieving a vocational goal but for their
service-connected condition.
While the Committees acknowledge the value of this program,
the Committees strongly disapprove of VA's apparent decision
to ignore the limitations in current law. When a limitation
contains in current law proves detrimental to veterans, the
Committees expect that the Secretary will not proceed to
ignore the law, but rather to present the Congress with
appropriate corrective legislation. In the event that the
number currently authorized proves to be insufficient to meet
the needs of our Nation's disabled veterans, the Committees
direct the Secretary to propose appropriate legislation to
Congress.
TITLE VI--U.S. COURT OF APPEALS FOR VETERANS CLAIMS
FACILITATION OF STAGGERED TERMS OF JUDGES THROUGH TEMPORARY EXPANSION
OF THE COURT
Current Law
Section 7253 of title 38, United States Code, requires that
the U.S. Court of Appeals for Veterans Claims (CAVC) shall be
composed of no more than seven judges and one shall be chief
judge. After the Court's establishment in 1988, the initial
seven judges were appointed within 16 months of one another.
A new judge was appointed in 1997 to fill a vacancy created
by the death of one of the originally appointed judges. The
chief judge retired in 2000, and his seat has not yet been
filled. By 2005, the terms of five of the remaining judges
will have ended. This will likely leave four simultaneously
vacant seats by 2005.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 601 of the Senate bill would temporarily expand the
membership of the CAVC by two seats until August 2005 in
order to bridge the retirement of the original judges.
Compromise Agreement
Section 601 of the compromise agreement follows the Senate
language.
REPEAL OF REQUIREMENT FOR WRITTEN NOTICE REGARDING ACCEPTANCE OF RE-
APPOINTMENT AS CONDITION TO RETIREMENT FROM THE COURT
Current Law
Section 7296(b)(2) of title 38, United States Code,
requires a judge who has not been reappointed following the
expiration of his or her appointed term, before that judge is
65 years old, as a precondition to retirement, to advise the
President, in writing, that the judge is willing to accept
reappointment.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 602 of the Senate bill would repeal the requirement
that a judge provide written notice indicating willingness to
accept reappointment as a precondition to retirement from the
CAVC.
Compromise Agreement
Section 602 of the compromise agreement follows the Senate
language.
TERMINATION OF NOTICE OF DISAGREEMENT AS JURISDICTIONAL REQUIREMENT FOR
THE COURT
Current Law
Under section 402 of the Veterans' Judicial Review Act
(Public Law 100-687; 38 U.S.C. Sec. 7251 note) (VJRA), a
Notice of Disagreement (NOD) must have been filed on or after
November 18, 1988, in order to establish jurisdiction
necessary for the CAVC to review a claimant's case. Section
403 of the VJRA (102 Stat. 4122; 38 U.S.C. Sec. 5904 note)
limits the payment of attorney fees to cases in which a post-
November 17, 1988, NOD has been filed.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 603(a) of the Senate bill would eliminate the post-
November 17, 1988, NOD as a prerequisite to jurisdiction at
the CAVC. It would not affect the requirement of a NOD to
trigger appeal within VA of a decision nor any other
prerequisite to review at the Court. Section 603(b) of the
Senate bill would similarly eliminate the limitation on
payment of attorney fees to those cases in which a post-
November 17, 1988, NOD has been filed.
Compromise Agreement
Section 603 of the compromise agreement follows the Senate
language.
REGISTRATION FEES
Current Law
Section 7285 of title 38, United States Code, provides that
the CAVC may impose periodic registration fees on persons
admitted to practice before the Court. These fees may be used
for purposes of hiring independent counsel to pursue
disciplinary matters and defraying administrative costs for
the implementation of the standards of proficiency prescribed
for practice before the Court.
House Bill
Section 301(a) of H.R. 2540 would authorize the Court to
collect registration fees for persons participating in a
judicial conference or other Court-sponsored activities where
appropriate.
Section 301(b) of H.R. 2540 would amend section 7285(b) of
title 38, United States Code, to add that registration fees
paid to the Court may also be used generally in connection
with practitioner disciplinary proceedings and in support of
certain bench-and-bar and veterans' law educational
activities.
Senate Bill
Section 604 of the Senate bill contains a comparable
provision.
Compromise Agreement
Section 604 of the compromise agreement follows the House
language.
ADMINISTRATIVE AUTHORITIES
Current Law
The CAVC, established by Congress under Article I of the
United States Constitution to exercise judicial power, has
unusual status as an independent tribunal that does not have
the same general administrative authority as courts
established under Article III of the Constitution. Because of
its status, the Court does not have available to it certain
general authorities that would normally be available were it
part of the executive branch or another administrative
structure.
House Bill
Section 302 of H.R. 2540 would add a new section 7287 to
title 38, United States Code, to make available to the Court
generally the same management, administrative, and
expenditure authorities that are available to Article III
courts of the United States.
Senate Bill
Section 605 of the Senate bill contains a comparable
provision.
Compromise Agreement
Section 605 of the compromise agreement follows the House
language.
Legislative Provisions Not Adopted
AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL
Current Law
Section 3014 of title 38 provides that the basic
educational benefit available under the Montgomery GI Bill be
disbursed in up to 36 monthly installments. Benefits are
provided for each month in which the MGIB participant is
certified to be participating in a course of study. If
requested by a veteran, section 3680(d)(2) of title 38 allows
for an advance payment of educational assistance in an amount
equivalent to the allowance for the month, or fraction
thereof, in which pursuit of an education program will
commence, plus the allowance for the succeeding month.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 102 of the Senate bill would allow Montgomery GI
Bill participants to receive their otherwise monthly payment
as an accelerated lump-sum payment for the month in which a
course of study begins, plus up to 4 months worth of
educational assistance allowance. In the case of a term,
quarter, or semester, the accelerated lump-sum payment would
equal the amount of the aggregate monthly educational
assistance allowance for the entire term, quarter, or
semester.
[[Page H9143]]
PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILLNESSES
Current Law
Section 1117(b) of title 38 United States Code authorizes
the Secretary to extend the period of presumption of service
connection for Persian Gulf War veterans disabled by
undiagnosed illnesses by regulation. On October 12, 2001, the
Secretary published a regulation extending the presumptive
period through December 31, 2006.
House Bill
Section 204 of H.R. 2540 extends the presumptive period for
undiagnosed illnesses to December 31, 2003.
Senate Bill
Section 202(a) of the Senate bill extended the presumptive
period for undiagnosed illnesses to December 31, 2011, or
such later date as the Secretary may prescribe by regulation.
REVISION OF RULES WITH RESPECT TO NET WORTH LIMITATION FOR ELIGIBILITY
FOR PENSIONS FOR VETERANS WHO ARE PERMANENTLY AND TOTALLY DISABLED FROM
A NONSERVICE-CONNECTED DISABILITY
Current Law
The VA Pension Program at chapter 15 of title 38, United
States Code, provides financial assistance based upon need to
veterans who have had at least 90 days of military service,
including at least one day of wartime service, and who are
totally and permanently disabled for employment purposes as a
result of disability not related to their military service.
In determining eligibility for pension benefits, VA is
required to consider not only the family income, but also the
family's ``net worth.'' The value of farm and ranch land is
included in determining net worth unless VA determines that
land can be sold at ``no substantial sacrifice,'' section
3.275 of chapter 38, Code of Federal Regulations.
House Bill
Section 306 of H.R. 801 would revise the rule with respect
to net worth limitation for VA's means-tested pension program
by excluding the value of property used for farming,
ranching, or similar agricultural purposes.
Senate Bill
The Senate bill contains no comparable provision.
MODIFICATION OF THE TIME LIMITATION FOR RECEIPT OF CLAIM INFORMATION
Current Law
Under section 5103(b) of title 38 there exists a one-year
time limit, following notification by the Secretary, on the
receipt of information and evidence necessary to substantiate
a claim for benefits based on an already complete or
substantially complete application. Public Law 106-475
established this time limitation and eliminated an identical
limitation on the receipt of information and evidence
necessary to complete an application for benefits.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 205 of the Senate bill would restore the one-year
time limit on the receipt of information or evidence
necessary to complete an application following notification
by the Secretary. It would also eliminate the existing one-
year time limit on information or evidence necessary to
substantiate a claim based on a completed or substantially
complete application.
MODIFICATION OF THE EFFECTIVE DATE OF CHANGE IN RECURRING INCOME FOR
PENSION PURPOSES
Current Law
Section 5112(b)(4) of title 38, United States Code,
requires VA pensions be reduced or discontinued effective the
first day of the month following the month in which the
pensioner's net income is reported to have increased.
House Bill
The House bills contain no comparable provision.
Senate Bill
Section 206 of the Senate bill would modify the effective
date of reduction or discontinuation of compensation or
pension by reason of a change in recurring income to the
first day of the year following the year in which the
pensioner's net income is reported to have changed.
PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN FIRST
BENEFICIARY CANNOT BE IDENTIFIED
Current Law
Under chapter 19 of title 38, United States Code, there is
no time limitation for a first-named beneficiary of a
National Service Life Insurance (NSLI) or a United States
Government Life Insurance (USGLI) policy to file a claim for
proceeds. As a result, when the insured dies and the
beneficiary does not file a claim, VA is required to hold the
unclaimed funds indefinitely in order to honor any possible
future claims by that beneficiary. VA is not permitted to pay
the proceeds to an alternate beneficiary unless VA can
determine that the first beneficiary predeceased the
policyholder.
House Bill
Section 401 of H.R. 2540 would grant the Secretary of
Veterans Affairs the authority to authorize payment of NSLI
or USGLI proceeds to an alternate beneficiary when the
proceeds have not been claimed by the first-named beneficiary
within three years following the death of the policyholder.
If no beneficiary has filed a claim within five years of the
veteran's death, benefits could be paid to such person as the
Secretary determines is equitably entitled to the proceeds of
the policy.
Senate Bill
The Senate bill contains no comparable provision.
EXTENSION OF COPAYMENT REQUIREMENT FOR OUTPATIENT PRESCRIPTION
MEDICATIONS
Current Law
Section 1722A(c) of title 38, United States Code, furnishes
the Secretary the authority, through September 30, 2002, to
require a copayment of $2 for each 30-day supply of
medication VA furnishes a veteran on an outpatient basis for
the treatment of a nonservice connected disability or
condition.
House Bill
Section 402 of H.R. 2540 would extend until September 30,
2006, the authority of the Secretary to require a $2
copayment for each 30-day supply of medication.
Senate Bill
The Senate bill contains no comparable provision.
DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES IMPROVEMENT FUND MADE
SUBJECT TO APPROPRIATIONS
House Bill
Section 403 of H.R. 2540 would amend section 1729B of title
38, United States Code, by making the availability of funds
in the VA's Health Services Improvement Fund subject to the
provisions of appropriations acts effective October 1, 2002.
Senate Bill
The Senate bill contains no comparable provision.
PILOT PROGRAM FOR EXPANSION OF TOLL-FREE TELEPHONE ACCESS TO VETERANS
SERVICE REPRESENTATIVES
Current Law
VA provides various toll-free automated telephone response
systems for veterans to furnish them information on VA
benefits and services.
House Bill
Section 407 of H.R. 2540 would establish a two-year
nationwide pilot program to test the benefit and cost
effectiveness of expanding current access to VA veterans
service representatives through a toll-free telephone number.
Under the pilot program, the Secretary would be required to
expand the available hours of such access to veterans service
representatives to not less than twelve hours on each regular
business day across U.S. time zones and not less than six
hours on Saturday. The pilot would also require that such
service representatives have available to them information
about veterans benefits provided by all other federal
departments and agencies, and state governments.
Senate Bill
The Senate bill contains no comparable provision.
CODIFICATION OF RECURRING PROVISIONS IN ANNUAL DEPARTMENT OF VETERANS
AFFAIRS APPROPRIATIONS ACTS
Current Law
Each year the Congress appropriates funds to the Department
of Veterans Affairs as part of the Departments of Veterans
Affairs and Housing and Urban Development, Independent
Agencies Appropriations Act. Although the amount of the
appropriations varies from year to year, the purposes for
which appropriations are made are generally fixed, and change
little, if any, from year to year.
House Bill
Section 409 of H.R. 2540 would codify recurring provisions
in annual Department of Veterans Affairs Appropriations Acts.
Senate Bill
The Senate bill contains no comparable provision.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
(Mr. EVANS asked and was given permission to revise and extend his
remarks and to include extraneous matter.)
Mr. EVANS. Mr. Speaker, here is another issue in which our leadership
of the Committee on Veterans' Affairs is paying off, to the great
benefit of our veterans. The gentleman from New Jersey (Mr. Smith), on
every piece of legislation today that we are offering, has exerted his
leadership and demanded a lot out of us. We worked a lot of hard hours
to get this legislation to this point today, so we salute him for his
efforts.
I also want to acknowledge and thank the leaders of the Subcommittee
on Benefits, the gentleman from Idaho (Mr. Simpson), and the gentleman
from Texas (Mr. Reyes), members of the subcommittee, and the
committee's staff, for their invaluable contributions to this
legislation.
[[Page H9144]]
In particular, I also want to acknowledge and thank Mary Ellen
McCarthy, Todd Houchins, and Beth Kilker from my staff for their work
on this issue.
Every member of the Committee on Veterans' Affairs has recognized the
need for a meaningful increase in the Montgomery G.I. bill. I was proud
to co-author this legislation, the Montgomery G.I. Bill Improvements
Act of 2001, with my good friend, the gentleman from Michigan (Mr.
Dingell). H.R. 310 will pay the full costs of tuition, fees, books, and
supplies, as well as a living stipend.
Increased veterans educational benefits have also been proposed under
H.R. 1280, authored by the gentleman from Mississippi (Mr. Shows).
Additionally, I was an original cosponsor of H.R. 1291, the 21st
Century Montgomery G.I. Bill Enhancement Act, introduced by the
gentleman from New Jersey (Mr. Smith).
I am pleased that the bills before us today embody the essence of
H.R. 1291, as originally supported by the House. Our veterans should
receive the best possible education benefits for their honorable
service to our country, and this is a positive step forward in that
regard.
As a long-term supporter of benefits for those who suffered from the
effects of exposure to herbicides such as Agent Orange, I am pleased
that H.R. 1291 changes an erroneous decision of the U.S. Court of
Appeals for Veteran Claims. Congress has clearly reaffirmed in H.R.
1291 the presumption of exposure to herbicides such as Agent Orange for
veterans who fought in that conflict.
I strongly support the provision removing the 30-year limitation on
the presumptive period for Vietnam veterans diagnosed with cancers of
the respiratory tract. This provision is similar to H.R. 1587,
introduced in the House by the gentlewoman from Georgia (Ms. McKinney).
I want to thank her for her leadership on this important issue. I am
also pleased this legislation includes a statutory presumption that
makes clear to veterans that eligibility for service-connection of
diabetes associated with exposure to herbicides is a protected
statutory right.
I also strongly support section 202 of the bill, based on H.R. 1406,
which I introduced, which overturns the narrow and erroneous opinion of
the Department of Veterans Affairs general counsel.
Thousands of veterans who were healthy before their service in that
country, in that region, and who now experience a variety of
unexplained symptoms, will qualify for benefits under this provision.
Section 202 of H.R. 1291 emphasizes that Congress initially intended it
by focusing on the symptoms which have a disabling effect that affects
some of our Gulf War veterans.
Section 203 of H.R. 1291 gives the Secretary of Veterans Affairs the
authority to protect the service-connection of veterans receiving
compensation benefits. Last year, the gentlewoman from California (Mrs.
Capps), and I became acquainted with her work, that the VA was having
difficulty in recruiting veterans to participate in VA research studies
concerning the prevalence of ALS, or Lou Gehrig's disease, in Gulf War
veterans who returned with problems. This section is intended to
provide the VA with the authority to enable veterans to participate in
medical research studies without fear that their benefits would be
placed in jeopardy.
I am also pleased that the bill contains provisions expanding
eligibility for low-income wartime vets who seek a nonservice-connected
pension. Nonetheless, I am concerned that these major policy and legal
changes were recently implemented by the VA under verbal instructions
to regional office directors. It is critical that all branches of the
government recognize and foster the rule of law.
The bill also recognizes the VA's efforts to provide veterans
dependents with information concerning benefits and health care
services under programs administered by the Secretary of the Army
whenever they first apply for benefits. This provision is derived from
legislation authored by the gentleman from Pennsylvania (Mr. Doyle),
the gentleman from New Jersey (Mr. Pascrell); and both are committed
advocates for our veterans. I salute them for their efforts.
Again, I want to thank the gentleman from New Jersey (Chairman Smith)
for his hard work in bringing this bill forward, and I urge every
Member of this body to support H.R. 1291, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from Idaho (Mr. Simpson), distinguished
chairman of our subcommittee and the former Speaker of the Idaho House
of Representatives. We are pleased to have a man of his caliber heading
up the Subcommittee on Benefits.
Mr. SIMPSON. Mr. Speaker, at the outset I would like to thank the
gentleman from New Jersey (Chairman Smith) and the gentleman from
Illinois (Mr. Evans) for their leadership in crafting with the Senate
the compromise agreement on H.R. 1291, and bringing it to the floor
today, and also for the gentleman's leadership on the previous two
veterans bills passed earlier today, the cost-of-living adjustment for
veterans and that legislation to address the tragedy of homeless
veterans.
Mr. Speaker, I am pleased to rise today in strong support of H.R.
1291, the Veterans Education and Benefits Expansion Act of 2001. This
bill indeed is a comprehensive and sweeping measure. The bill makes a
number of needed improvements to programs serving veterans and their
families, some of which I would like to briefly highlight.
First and foremost, I am very pleased we have been able to provide
further substantial increases in the Montgomery G.I. bill, which is
perhaps the most important piece of social legislation in our country's
history. I appreciate our counterparts in the Senate working with us on
this provision.
Last year, we were able to secure a monthly increase from $536 to
$650 per month. We did this knowing that we still had a ways to go to
reach our goal of $1,025 per month needed by a veteran-student to
attend a 4-year public institution as a commuter student.
As the gentleman from New Jersey (Chairman Smith) indicated, one of
the hallmarks of this compromise agreement is an increase effective
January 1, 2002, from $650 to $800 per month for veterans pursuing a
college education on a full-time basis. This monthly amount increases
to $900 during the fiscal year 2003 and $985 in fiscal year 2004. Their
survivors and dependents' educational assistance program will also see
an increase from $588 to $670 per month.
Mr. Speaker, this bill includes 11 separate educational provisions,
including payment of 60 percent of the cost of tuition for high-cost
short-term academically intensive courses leading to employment in the
high-technology industry.
The bill also expands the Montgomery G.I. bill benefits for certain
Vietnam-era veterans, increases the maximum allowable senior ROTC
educational assistance, expands work-to-study opportunities for
veterans, and makes certificate programs offered by an accredited
institution of higher learning by way of independent study approvable
for veterans' training.
{time} 1700
Additionally over 10,000 reservists have been called up in support of
Operation Enduring Freedom, and some of them have had to disenroll from
their college level courses. Section 103 of the bill would allow these
selfless men and women the chance to regain both time and money for
their education.
About 2 percent of the 714,000 service members who served in the
Persian Gulf suffer from difficult-to-diagnose illnesses. Section 202
expands the definition of an undiagnosed illness as well as lists signs
and symptoms that may be a manifestation of an undiagnosed illness in
certain Persian Gulf veterans. I want to thank the gentleman from
Illinois (Mr. Manzullo) for his work on this piece of legislation.
Section 203 would grant the Secretary the authority to protect the
service-connected grant of a Persian Gulf veteran who participates in a
Department-sponsored medical research project. It is our intent that
this provision will broaden participation in vital scientific and
medical studies.
As the gentleman from New Jersey (Mr. Smith) said, this bill keeps
the promise to severely disabled veterans by increasing benefits for
specially
[[Page H9145]]
adapted housing and automobile adapted equipment allowances and also
increases certain burial benefits.
Lastly, the compromise agreement also expands VA's outreach to
veterans and their families by providing the Secretary the authority to
maintain veterans assistance offices overseas, by expanding the timing
of preseparation counseling for our servicemembers, and by improving
education and training outreach information for separating
servicemembers and veterans.
I would like to thank the gentleman from New Jersey (Mr. Smith), our
chairman; the gentleman from Florida (Mr. Bilirakis), the vice
chairman; the gentleman from Illinois (Mr. Evans); and my counterpart,
the gentleman from Texas (Mr. Reyes) for their continued commitment to
our military and veterans communities. It truly has been a pleasure
working with them.
Mr. Speaker, the House could not approve such a comprehensive bill at
a better time. Our servicemen and women are overseas and literally
fighting for the freedoms and liberties we may have taken for granted
prior to September 11. By passing this bill today, we are sending a
clear message to America's sons and daughters that upon completion of
their military service, we will be there for them when they transition
to civilian life.
Mr. Speaker, I urge my colleagues to do our duty to support our
veterans by supporting the Education and Benefits Expansion Act of
2001.
Mr. EVANS. Mr. Speaker, may I inquire how much time both sides have
at this point?
The SPEAKER pro tempore (Mr. Otter). The gentleman from Illinois (Mr.
Evans) has 15 minutes remaining, and the gentleman from New Jersey (Mr.
Smith) has 8 minutes.
Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from Texas
(Mr. Reyes).
Mr. REYES. Mr. Speaker, I thank the gentleman from Illinois (Mr.
Evans) for yielding me the time.
Mr. Speaker, I rise in strong support of H.R. 1291, the Veterans
Education and Benefits Expansion Act of 2001.
I commend and thank the gentleman from New Jersey (Mr. Smith), the
distinguished chairman of the committee, and the gentleman from
Illinois (Mr. Evans), our ranking member, for their hard work in
bringing this measure before us today. I want to especially acknowledge
and thank the cooperation of the gentleman from Idaho (Mr. Simpson), my
good friend and the Subcommittee on Benefits chairman, for his work on
the benefits legislation which has been included in this bill.
As an original cosponsor and strong supporter of many of the
provisions included in this bill, I am pleased that we are moving
forward to provide improved education, compensation, readjustment,
housing and other benefits to our Nation's veterans and to their
families.
As a beneficiary of the VA's educational benefits, I support the
provisions to increase the educational benefits that have been provided
under the Montgomery GI Bill and Survivors and Dependents Educational
Assistance Act. Now is certainly the time to be considering ways of
improving the benefits that our country offers to our brave men and
women who place their lives on the line in the defense of its Nation,
its citizens and its ideals. It seems only fair to me that our veterans
should have every opportunity to return home and enjoy improved
educational advantages.
I view the Montgomery GI bill as one of the most important programs
administered by the Department of Veterans Affairs. Since 1944, our
government has provided education benefits to veterans in order to
advance military recruitment and to assist in the veteran's
readjustment to civilian life. These programs have been very effective.
Although these increases are still not adequate to fully cover the cost
of higher education in today's education market, they are a good step
in the right direction.
I also want to highlight the provisions that will address the need of
our Gulf War veterans who are suffering from a variety of signs and
symptoms of poorly-defined medical conditions. The compromise bill will
allow Gulf War veterans with chronic fatigue symptoms and other chronic
multisymptom systems to be compensated as of March 1, 2001.
According to the most recent report of the Institute of Medicine,
military personnel who served in the Gulf War have had a significantly
higher risk of suffering one or more of a set of symptoms that include
fatigue, memory loss, difficulty concentrating, pains in muscles, and
joints and rashes. Congress had intended that Gulf War veterans be
compensated for these symptom-based chronic illnesses. This bill
assures now that they will be.
As a Vietnam veteran, I know that Agent Orange was used extensively
in Vietnam. I am pleased that the bill provides for presumptions of
exposure to Agent Orange for veterans who served in Vietnam. I also
support the provision to presume service connection for veterans
suffering from respiratory without regard to the length of time in
which those cancers developed, and for diabetes.
Mr. Speaker, I rise in strong support of H.R. 1291. It is a good bill
and I urge all Members to support it.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Manzullo), my good friend and colleague,
who was very, very helpful in the Persian Gulf War veterans provision.
Mr. MANZULLO. Mr. Speaker, 10 years ago a patriot from Freeport,
Illinois, named Dan Steele went off to war in Iraq to fight for the
American people and protect the freedoms this country has known for
over 200 years. During the buildup in the Gulf, Dan's leg was fractured
by an Iraqi soldier's apparent suicide attack. Over the next 8 years,
Dan suffered from various conditions shared by many other soldiers who
fought in the Gulf War.
In May of 1999, Dan succumbed to his illness and passed away. The
county coroner listed Gulf War syndrome as a secondary cause of death
on his death certificate. Shortly after Dan's funeral, we contacted his
widow, Donna. She vowed to Dan that she would do whatever she could to
help other Gulf War veterans suffering from mysterious ailments.
Her story moved me to introduce legislation to compensate our
suffering Gulf War veterans, H.R. 612, the Persian Gulf War Illness
Compensation Act. H.R. 612 which I introduced along with the gentleman
from California (Mr. Gallegly) and the gentleman from Mississippi (Mr.
Shows) has the support of 228 Members of the House and all the major
veterans organizations. A companion bill was introduced in the Senate
by Senator Kay Bailey Hutchison of Texas.
I am pleased to announce that significant portions of H.R. 612 are
included in this benefits package before us today.
I want to thank the gentleman from New Jersey (Mr. Smith) and members
of the Veterans Affairs Committee for their willingness to work with us
to strengthen the part of this bill that provides enhanced benefits for
our ailing Gulf War veterans. These provisions will allow more sick
veterans to qualify for compensation by expanding the number of
eligible illness and codifying 13 possible symptoms. Earlier this year,
with full Congressional support, the VA extended by 5 years the time
period during which these symptoms may arise.
I urge my colleagues to vote in favor of H.R. 1291. It goes a long
way towards fulfilling the promises we have made to our veterans.
Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from Texas
(Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Speaker, I am pleased that the House and the
Senate acted quickly on H.R. 1291, the Veterans Education and Benefits
Expansion Act of 2001.
Veterans deserve the very best we can offer, and I think that H.R.
1291 is an important step in meeting that obligation. Educational
benefits are the military's best recruiting tool, and the Montgomery
G.I. Bill must be modernized to meet today's demands.
H.R. 1291 moves toward this goal of expanding access to higher
education by increasing the currently monthly benefits from $650 to
$800 in the year 2002 and ultimately reaching $985 by 2004. Clearly,
the legislation provides a stronger education package to the men and
women who choose to serve our country in uniform.
H.R. 1291 improves the Montgomery G.I. bill, and I hope that we can
ultimately improve the educational benefits to cover the full cost of
tuition,
[[Page H9146]]
fees, books and supplies, as well as provide a substantive allowances
for those who reenlisted for 4 years.
Additionally, among other things, H.R. 1291 streamlines the ratings
system for certain services-connected illnesses. For Vietnam veterans
who were exposed to Agent Orange and now are suffering from diabetes,
the Veterans Education and Benefits Expansion Act acknowledges the
entitlement to service-connected disability benefits. And for the
Persian Gulf veterans suffering from illnesses which modern medical
technology cannot readily diagnose, the likewise extends the
presumption of service connected.
Veterans who suffer from disabilities should not be abandoned. And
the disabilities should not be ignored simply because the doctors
cannot yet diagnose the causes.
While we have a long way to go, the Veterans Education and Benefit
Expansion Act is a step in the right direction for veterans who earned
these benefits with their service.
The September 11 attack is an especially stark reminder of how
fragile our freedoms are, in response to our men and women who have
answered the call to action carrying the banner of freedom in
Afghanistan and in search of those responsible for the horrific acts of
September 11. And when they return home, these brave sons and daughters
need to be assured that their country will be there for them in their
time of need.
I wanted to take this opportunity to also say that much more is
needed to be done when it comes to our veterans. The cost of education
has continued to increase, the cost of books and supplies have
continued to increase. I am pleased at this point in time, as we have
just passed 5 o'clock, the Christmas tree lighting has occurred and
this particular piece of legislation is a beautiful Christmas present
to a lot of our veterans.
I want to take this opportunity to urge my colleagues to support and
vote for H.R. 1291.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself 2 minutes.
I want to take this moment, we do have a couple of speakers who are
not here who hopefully will get here before we conclude the bill.
Again, I would like to just note that Under Secretary of Veterans
Affairs for Benefits, Joe Thompson, is retiring on January 3 of next
year. I include in the Record a tribute to Joe Thompson's 26
outstanding years of service to veterans from myself.
Mr. Speaker, the text of that tribute is as follows:
Tribute to Under Secretary Joseph Thompson
Mr. Speaker, in my capacity as Chairman of the Committee on
Veterans' Affairs, I want to share with my colleagues that
Joe Thompson is retiring from the Department of Veterans
Affairs on January 3, 2002, and thank Joe for 26 years of
dedicated service to veterans.
I applaud Joe for the legacy that he leaves. An Air Force
Vietnam veteran, Joe rose from a VA entry-level position of
GS-7 to Under Secretary for Benefits at the Veterans Benefits
Administration (VBA), where he and his staff administered a
$24 billion program of benefits and services. Joe used, and
was a beneficiary of, VA's services, including in- and out-
patient health care, disability compensation, education, home
loans, life insurance and veterans preference programs when
he returned home following his Vietnam service.
I know of few individuals more conversant than Joe on the
genesis and evolution of our veterans benefits system, a
system began in 1776 when the Continental Congress passed a
Resolution promising pensions to Colonial soldiers and
officers who were disabled during the course of service. Joe
believes passionately in veterans benefits because indeed
they are earned and, for some veterans and their families,
earned at a high price. He understands that on the business
end of every claim for benefits is a real person who served
our country while wearing the military uniform.
Joe liked his work, and he has been good at it. He has had
the ability to look at the VBA from the outside in, and see
the VBA's work as the everyday customer did. Joe was one of
the first to convene town meetings with veterans. I think he
did the meetings because he wanted these individuals to be
treated the way he wanted to be treated, with respect. Not
surprisingly, in 1992 Joe and his co-workers at VA's New York
City Regional Office received Vice President Gore's first
``Hammer Award'' under the auspices of National Performance
Review. Later, as Under Secretary, Joe and his management
team, headed by Deputy Under Secretaries Nora Egan and Rick
Nappi, reduced the percentage of busy signals on 13 million
VBA phone inquiries from 50 percent to 2 percent. They
increased vocational rehabilitation placements by 24 percent.
They consolidated home loan eligibility to nine regional
offices, which lead to increased efficiencies.
And VBA increased the number of veterans helped through
military separation outreach centers from 1,000 to 22,000 per
year, including disability compensation exams and awards
before leaving the military. Much of this Joe did while
nationwide staffing levels were decreasing.
Mr. Speaker, I suspect that Joe Thompson will not climb
onto that Harley Davidson motorcycle he's so fond of and ride
off into the proverbial sunset. It would not be his nature
nor the wish of many veterans. Greatest luck to a civil
servant who like so many in the VBA gave America great gift--
lifelong commitment, honor, energy, and ideas, Joe, thank
you!
Finally, I would like to thank a large number of people who worked on
this legislation and our staffs did actually yeoman's work day in and
day out on behalf of veterans in general, but on this particular
legislation. I want to thank them for their work on the bill, H.R.
1291, as well as H.R. 2540 which we passed earlier. That would include
Patrick Ryan, our chief counsel and chief of staff, Darryl Kehrer,
Paige McManus, Devon Seibert, Summer Larson, Jeannie McNally, Kingston
Smith; and on the minority staff, I would like to thank Michael
Durishin, Beth Kilker, Debbie Smith, Mary Ellen McCarthy, and Todd
Houchins for their fine work.
This has truly been a bipartisan effort. I want to thank them
sincerely. This legislation will make powerful difference in the lives
of our veterans.
General Leave
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and to include extraneous materials on H.R. 1291,
as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my
time.
Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from
Mississippi (Mr. Shows).
Mr. SHOWS. Mr. Speaker, today I would like to show strong support for
H.R. 1291, the Veterans Education and Benefits Act of 2001.
This important legislation will take meaningful action to improve
benefits that our Nation's veterans have earned and deserved. As many
of my colleagues know, I have long been concerned about the appalling
75 percent rate of which Gulf War veterans suffering from undiagnosed
illnesses have been denied compensation from the VA. These men and
women uprooted from their families and communities served our country
with honor and dignity.
Yet, when it was time for the VA to serve them, thousands were
denied.
Earlier this year, I introduced H.R. 612, the Persian Gulf War
Illness Compensation Act of 2001, along with two other outstanding
advocates for veterans, the gentleman from Illinois (Mr. Manzullo) and
the gentleman from California (Mr. Gallegly).
The legislation garnered strong bipartisan support of over 225
Members of the House. I am pleased that the gentleman from New Jersey
(Mr. Smith), the gentleman from Illinois (Mr. Evans), the ranking
member, and my fellow veterans committee members have supported
including key provisions of H.R. 612 in the bill. The Veterans
Education and Benefits Act of 2001 will now clarify VA standards for
compensation by recognizing fibromyalgia, chronic fatigue syndrome, and
other ailments as key symptoms of undiagnosed or poorly defined
illnesses associated with Gulf War service.
Independent of this, we should all applaud Secretary Principi for
extending the presumptive period for Gulf War veterans to file for
compensation until December 31, 2006. This is a true victory for
veterans. I am also pleased that we are modernizing and improving the
educational benefits awarded under the Montgomery G.I. bill. As a
country that depends on the volunteer membership of our service men and
women to defend our Nation's ideals, we must provide competitive
benefits for our veterans.
{time} 1715
The military services have experienced and continue to experience
difficulties in recruiting the number and
[[Page H9147]]
quality of our new recruits. We can strengthen the retention of our
trained soldiers if we deliver appropriate benefits and support.
Our Nation's veterans are our heroes. They have shaped and sustained
our Nation with courage, with sacrifice and faith. They have earned our
respect and deserve our gratitude. Let us join together and do
something meaningful in passing this legislation because it is the
right thing to do.
Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my
time.
Mr. EVANS. Mr. Speaker, may I inquire again how much time is
remaining on our side?
The SPEAKER pro tempore (Mr. Duncan). The gentleman from Illinois has
6 minutes remaining.
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentleman from New
Mexico (Mr. Udall).
Mr. UDALL of New Mexico. Mr. Speaker, I rise today in strong support
of H.R. 1291, the Veterans Education and Benefits Expansion Act of
2001. This legislation makes a number of important changes to improve
insurance compensation and housing programs for our Nation's veterans.
I want to thank the chairman of the committee, the gentleman from New
Jersey (Mr. Smith); the ranking member, the gentleman from Illinois
(Mr. Evans); the gentleman from Texas (Mr. Reyes), and my colleagues on
the Committee on Veterans' Affairs for supporting the inclusion of
provisions from H.R. 1929, the Native American Veterans Home Loan Act
of 2001 into H.R. 1291.
Ranking member Evans and 14 other Members and I introduced H.R. 1929
on March 21 of this year to extend the Native American Veterans Home
Loan Pilot Program for another 4 years, and expedite the process of
obtaining VA home loans for Native American veterans living on tribal
and trust lands. This program helps many Native American veterans, who
might otherwise be unable to obtain suitable housing. Including the
provisions of H.R. 1929 into H.R. 1291 will allow other Native American
veterans to take advantage of this important program.
The Native American Veteran Home Loan Pilot Program, however, is just
one of many VA benefits improved through H.R. 1291. I ask my colleagues
to join me in support of these important benefit enhancements for the
men and women who have sacrificed so much in defense of liberty and
democracy.
Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Capps).
Mrs. CAPPS. Mr. Speaker, I rise in strong support of this bill. I
thank Chairman Smith, Ranking Member Evans, and their hardworking staff
for their leadership on this important legislation.
I wish to highlight a critical provision contained in H.R. 1291 that
I have worked on for some time. This provision would end a Catch 22
faced by vets and VA researchers. In the past, vets could lose benefits
for an ``undiagnosed illness'' if participation in a VA study
determines that a vet's illness is not service connected. This issue
was brought to my attention, as I am the author of the ALS Treatment
and Assistance Act, which was enacted into law in the past Congress.
VA researchers told me that some vets might not participate in the
study to look at connections between their Gulf War service and Lou
Gehrig's disease. I learned that some vets feared losing their much-
needed benefits by participating in the study. H.R. 1291 fixes this
problem by letting the VA protect compensation in such cases.
This provision is based on a bill the gentleman from Illinois (Mr.
Evans) and I introduced earlier this year. With the passage of this
bill, vets can participate in important VA studies without fear of the
loss of needed health benefits, and future VA research studies can
attract the broad participation they need to be successful.
This bill could not be more timely. Yesterday, the VA announced that
the findings of this study show Persian Gulf veterans are nearly twice
as likely as other veterans to develop Lou Gehrig's disease. This is a
very troubling finding. Clearly, other study is needed. I am pleased
the VA has indicated they will continue to work hard to investigate
this disturbing connection. I am also pleased the VA has assured my
office that Persian Gulf Veterans affected by this illness will
immediately begin receiving compensation for what is now shown to be a
service-related illness.
Mr. Speaker, today marks the 3-month anniversary of the unspeakable
attacks against our Nation, and once again our brave servicemen and
women are in harm's way thousands of miles away from home. As they
fight to protect our freedom and democracy, the least we can do is to
pledge to safeguard their health when they return as veterans.
I urge my colleagues to join me in supporting this legislation and
doing what is right for our veterans and our military personnel.
Mr. EVANS. Mr. Speaker, I yield the balance of my time to the
gentleman from American Samoa (Mr. Faleomavaega), a great advocate for
the people of American Samoa.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I rise in strong support of H.R. 1291,
known as the Veterans Benefits Improvements Act of 2001. I particularly
want to thank the gentleman from New Jersey (Mr. Smith), the chairman
of our Committee on Veterans' Affairs, and our senior ranking Democrat,
the gentleman from Illinois (Mr. Evans), not only for their leadership
but their outstanding service in bringing this bill to the floor. I
also want to thank the chairman of our Subcommittee on Benefits, the
gentleman from Idaho (Mr. Simpson), and our ranking Democrat on the
subcommittee, the gentleman from Texas (Mr. Reyes), for their
leadership.
The House has already passed most of these provisions in four
different bills, and I am glad we were able to work out an arrangement
with the other body to adopt this broad range of laws and bills to help
our veterans in this time of need.
Mr. Speaker, our Nation is again involved in military conflict and
activities all over the world, especially in Afghanistan. We are
reminded of the daily sacrifices our active duty, our National Guard,
and ready reserve members must make. Our service members are taken away
from their families for long periods of time, they are paid less than
their counterparts basically in civilian jobs, and, of course, they are
ordered to take actions which place their lives at risk in defense of
our Nation.
Mr. Speaker, the benefits we provide to our veterans fit into the
broad categories of health care, disability benefits, pensions,
education and training, home loan guarantees, life insurance, burial
benefits, and benefits for survivors. I am pleased to note that with
passage of this bill, we are improving or increasing many of these
benefits to our veterans.
As a Vietnam veteran, Mr. Speaker, I am deeply appreciative that in
section 302 of this bill it authorizes an additional 4 years to the
Native American Veterans Housing Home Loan Program. This program
provides direct VA guaranteed loans to Native Americans, Native
Alaskans, Native Hawaiians, American Samoans, and other Pacific
Islanders. Prior to the enactment of this pilot program, many Native
Americans were not able to benefit from the national VA home loan
guarantee program because commercial banks were unwilling to make loans
for homes on Indian reservations, Hawaiian homestead lands, and Samoan
communal lands.
Since 1992, as a coauthor and supporter of this legislation, Congress
recognized this inequity and created a pilot program to address the
problem by providing direct VA home loans to these beneficiaries. For
some 9 years now, the program has been a tremendous success. Hundreds
of loans have been made and the default rate is very low.
Given the success of the pilot program, Congress still needs to
address or take the necessary steps to expand hopefully the pilot
program to include veteran spouses of Native Americans. I hope the
Department of Veterans Affairs will work with us; and I really, really
am most appreciative not only
[[Page H9148]]
of Chairman Smith but our ranking member's willingness to help me to
address this issue, hopefully next year.
Again, I urge my colleagues to support this legislation, and I thank
the gentleman from New Jersey for his willingness to give me part of
his time as well.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of
my time.
Before concluding, Mr. Speaker, I just want to thank all on the
minority side, as well as my good friends and colleagues here on the
Republican side.
This is a comprehensive bill. The GI bill, certainly going back to
World War II, our early GI bill, has created what really is the modern
middle class. More than 20 million people have gotten their college
education via the GI bill. That is just one part of this bill. It is
comprehensive and deserves the full support of this body.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 1291,
the 21st Century Montgomery G.I. Bill Enhancement Act. I urge my
colleagues to join in lending their support to this appropriate
legislation.
The purpose of this bill is to bring the various education benefits
afforded to veterans to a level more in line with today's increasingly
expensive higher education opportunities. This legislation increases
the current monthly Montgomery G.I. bill rate of $650 for a minimum
three-year enlistment to $1,100 over three years. Specifically, the
rate will increase to $800 in October of this year, $950 in October
2002, and the full $1,100 by October 2003. This measure also raised the
monthly rate for two year enlistments and reserve enlistments as well,
from $528 to $894.
Mr. Speaker, the G.I. bill is arguably the most profound and far-
reaching piece of legislation enacted by congress in the 20th century.
The program, first implemented after world war II, single-handedly
afforded a college education to the millions of middle and working
class men who had served during the war. In doing so, it helped to
transform America in the postwar years, leading to the ``baby boom''
and the rise of middle class suburbia.
This measure is the latest of several bills passed in the last fifty
years to bring the benefits of the G.I. bill to levels that reflect the
contemporary cost of a higher education. Consequently, current and
future generations will be able to enjoy the tangible benefit of a
college education as a result of their service in the military of their
country.
Once again, I urge my colleagues to support this worthwhile and
timely legislation. With college tuition prices rising three times
faster than the consumer price index, I can think of no better way to
enhance the education benefits we provide for those who serve in the
armed forces of their country.
Mr. GALLEGLY. Mr. Speaker, I rise in support of the 21st Century
Montgomery GI Bill Enhancement Act, a measure that will improve
veterans' educational benefits, as well as improve the benefits of our
veterans who became ill as a result of their service in the Gulf War.
I am pleased to say that this legislation contains many important
provisions from another important bill, the Persian Gulf War Illness
Compensation Act, that Congressmen Don Manzullo (R-IL), Ronnie Shows
(D-MS), and I introduced.
Since the end of the Gulf War, the Veterans Administration has denied
nearly 80 percent of all sick Gulf War veterans' claims for
compensation. In the view of many, including the National Gulf War
Resource Center, the VA has employed too strict a standard for
diagnosing Gulf War Illness.
Just yesterday--more than 10 years after we defeated Iraq--the VA
reluctantly recognized Lou Gehrig's disease as Gulf War service
related. The GI Bill Enhancement Act will extend coverage to other
sufferers by including a comprehensive list of symptoms that constitute
Gulf War Illness. The measure also expands the definition of
undiagnosed illness to include fibromyalgia and chronic fatigue
syndrome as compensable diseases.
I want to personally thank Chairman Smith and members of the House
Veterans' Affairs Committee for working with Congressmen Manzullo,
Shows and me in getting this critical language included in this bill. I
also want to thank them for allowing the recent VA regulation allowing
for a critical five-year extension for Gulf War veterans to report and
be compensated for Gulf War Illness to stand. This extension was a key
provision of the Manzullo-Gallegly-Shows bill.
As one of the original cosponsors of the 1991 resolution to authorize
then-President Bush to use force in the Persian Gulf, I believe we must
go the extra mile to take care of the men and women who went to war
against Iraqi dictator Saddam Hussein and are now suffering from these
unexplained and devastating ailments.
Many of those suffering from Gulf War Illness were Reservists and
National Guardsmen uprooted from their families and jobs. They answered
the call and helped our country, and now we have a duty to help them. I
urge my colleagues to vote for this important measure.
Mr. PASCRELL. Mr. Speaker, I rise in strong support of H.R. 1291, The
21st Century Montgomery G.I. Bill Enhancement Act.
This important legislation increases funding for the highly
successful Montgomery G.I. Bill education program.
Every year thousands of veterans have the opportunity to earn a
college degree because of this program.
The brave men and women of our military defend our freedoms around
the globe, 365 days a year, 24 hours a day, 7 days a week.
While Americans sit around their Thanksgiving dinner table, light
candles during Hanuka and open presents on Christmas morning, our armed
forces stand fast.
And when they return, we must fulfill the promises we have made to
them.
Mr. Speaker, we are not keeping our promise to America's veterans.
As I have traveled throughout my district I have met countless
veterans who do not know of the full range of VA services available to
them.
And every year I host a veterans registration drive in my district
because there are too many veterans that simply do not get the services
they need from the Veterans Administration.
And when they do finally reach out to the VA they find facilities
understaffed, overworked and woefully inadequate.
I want to thank Chairman Smith for including language from my
Veterans Right to Know Act in this legislation because it will require
the VA to inform vets of the entire range of benefits they are entitled
to.
This is a critical first step in ensuring that every veteran has
access to the services they have earned including the Montgomery G.I.
Bill program.
Mr. Speaker, our men and women are fighting for us in Afghanistan, we
need to fight for them when they come home.
Mr. FILNER. Mr. Speaker, I urge my colleagues to support H.R. 1291,
the Veterans Education and Benefits Expansion Act of 2001. The bill
includes much needed increases in benefits for our Nation's veterans,
and I would like to comment on a couple of them.
First, I am very pleased that the provisions in my bill, H.R. 442,
were substantively included in the larger bill. H.R. 1291 would
increase from $50,750 to $60,000 the maximum amount of the home loan
guaranty available to veterans and servicemembers under the Department
of Veterans Affairs' home loan program. This increase is necessary to
keep pace with the rising cost of housing, particularly in areas where
the cost of housing is higher than in other parts of the country. This
action is part of our duty to provide adequate funds for the vital
programs that serve our Nation's veterans.
The amount of this guaranty has not increased since 1994. During the
past seven years, the cost of housing has increased nationwide, and in
some areas it has skyrocketed! Benefits for veterans must keep up with
such increases if we are to keep our commitment to our veterans.
My bill, H.R. 442, would have provided a VA home loan guaranty
increase to $63,175 which would allow a maximum amount for a home loan
of $252,000. Although the amount of increase in H.R. 1291 is slightly
less than in my bill, due to paygo requirements, I welcome this interim
step which will allow the maximum amount for a home loan to rise to
$250,000.
Further increases are needed before this valuable program can regain
its intended utility, and I fully intend to keep fighting for these
increases in the future.
Likewise, I am supportive of the provision to restore educational
assistance to participants in VA programs who are receiving benefits
for classes that they are unable to complete because they have been
called to duty to support the nation in times of global conflict.
And, while I am convinced we can and must do more, this bill will
provide a sorely needed increase in the amount of educational benefits
under the Montgomery GI Bill (MGIB).
Veterans must remain one of our top priorities! I urge my colleagues
to join me in support of H.R. 1291.
Mr. MATHESON. Mr. Speaker, it is with great pleasure that I rise
today in support of the Veterans Education and Benefits Expansion Act.
This legislation expands veterans' benefits, to help veterans to have
adequate healthcare and increased educational opportunities. While this
legislation seeks to repay those sacrificed so much for the freedom and
liberty of our country, we will never be able to truly compensate those
men and women in uniform who have fought in German, the Pacific, Korea,
Vietnam, the Persian Gulf, or Afghanistan.
[[Page H9149]]
This legislation authorizes the Montgomery GI Bill full-time study
allotment to $985 by October 2002. Additionally, the legislation
improves home loan guarantees for veterans to $60,000. It increases the
burial and funeral expense benefits for service-connected veterans to
$2,000. It improves automobile and adaptive equipment grants for
severely disabled veterans to $9,000.
Most importantly, this legislation remembers those who have often
been forgotten. The legislation repeals the 30-year presumptive period
for respiratory cancers and diabetes due to Agent Orange. It requires
the National Academy of Science to conduct research to determine the
effects of dioxin or herbicide exposure on Vietnam veterans. Finally,
it changes the Gulf War programs to include fibromyalgia, chronic
fatigue syndrome, chronic multisymptom illness and any other illness
that cannot be clearly identified to the definition of undiagnosed
illnesses, thus allowing veterans to receive compensation.
I am grateful for the work done on this legislation by my House
colleagues concerning veterans' issues. I hope that the House will join
me in supporting this legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Smith) that the House suspend the rules
and agree to the resolution, House Resolution 310.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
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