Page:United States Statutes at Large Volume 115 Part 1.djvu/1012

 115 STAT. 990 PUBLIC LAW 107-103—DEC. 27, 2001 "(h)(1) If the Secretary determines with respect to a medical research project sponsored by the Department that it is necessary for the conduct of the project that Persian Gulf veterans in receipt of compensation under this section or section 1118 of this title participate in the project without the possibility of loss of service connection under either such section, the Secretary shall provide that service connection granted under either such section for disability of a veteran who participated in the research project may not be terminated. Except as provided in paragraph (2), notwithstanding any other provision of law any grant of serviceconnection protected under this subsection shall remain serviceconnected 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. Federal Register, "(3) The Secretary shall publish in the Federal Register a publication. list of medical research projects sponsored by the Department for which service connection granted under this section or section 1118 of this title may not be terminated pursuant to paragraph (1).". 38 USC 1117 (b) EFFECTIVE DATE. —The authority provided by subsection note. (h) of section 1117 of title 38, United States Code, as added by subsection (a), may be used by the Secretary of Veterans Affairs with respect to any medical research project of the Department of Veterans Affairs, whether commenced before, on, or after the date of the enactment of this Act. SEC. 204. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT INSTITUTIONALIZED VETERANS. (a) REPEAL.— Section 5503 is amended— (1) by striking subsections (b) and (c); and (2) by redesignating subsections (d), (e), and (f) as 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 COM- PENSATION COST-OF-LIVING ADJUSTMENTS. Sections 1104(a) and 1303(a) are amended by striking "2002" and inserting "2011". SEC. 206. EXPANSION OF PRESUMPTIONS OF PERMANENT AND TOTAL DISABILITY FOR VETERANS APPLYING FOR NONSERVICE- CONNECTED PENSION. (a) IN GENERAL. —Section 1502(a) is amended by striking "such a person" and all that follows through the end of the subsection and inserting the following: "such person is any of the following: "(1) A patient in a nursing home for long-term care because of disability. "(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. "(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. "(4) Suffering from—

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