Home > 107th Congressional Public Laws > Pub.L. 107-104 To amend chapter 90 of title 5, United States Code, relating to Federal long-term care insurance. <> ...
Pub.L. 107-104 To amend chapter 90 of title 5, United States Code, relating to Federal long-term care insurance. <> ...
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[[Page 975]]
VETERANS EDUCATION AND BENEFITS EXPANSION ACT OF 2001
[[Page 115 STAT. 976]]
Public Law 107-103
107th Congress
An Act
To amend title 38, United States Code, to modify and improve authorities
relating to education benefits, compensation and pension benefits,
housing benefits, burial benefits, and vocational rehabilitation
benefits for veterans, to modify certain authorities relating to the
United States Court of Appeals for Veterans Claims, and for other
purposes. <<NOTE: Dec. 27, 2001 - [H.R. 1291]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans
Education and Benefits Expansion Act of 2001.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> 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.
[[Page 115 STAT. 977]]
Sec. 207. Eligibility of veterans 65 years of age or older for veterans'
pension benefits.
TITLE III--TRANSITION AND OUTREACH PROVISIONS
Sec. 301. Authority to establish overseas veterans assistance offices to
expand transition assistance.
Sec. 302. Timing of preseparation counseling.
Sec. 303. Improvement in education and training outreach services for
separating servicemembers and veterans.
Sec. 304. Improvement of veterans outreach programs.
TITLE IV--HOUSING MATTERS
Sec. 401. Increase in home loan guaranty amount for construction and
purchase of homes.
Sec. 402. Native American veteran housing loan pilot program.
Sec. 403. Modification of loan assumption notice requirement.
Sec. 404. Increase in assistance amount for specially adapted housing.
Sec. 405. Extension of other housing authorities.
Sec. 406. Clarifying amendment relating to eligibility of members of the
Selected Reserve for housing loans.
TITLE V--OTHER MATTERS
Sec. 501. Increase in burial benefits.
Sec. 502. Government markers for marked graves at private cemeteries.
Sec. 503. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 504. Extension of limitation on pension for certain recipients of
medicaid-covered nursing home care.
Sec. 505. Prohibition on provision of certain benefits with respect to
persons who are fugitive felons.
Sec. 506. Limitation on payment of compensation for veterans remaining
incarcerated since October 7, 1980.
Sec. 507. Elimination of requirement for providing a copy of notice of
appeal to the Secretary of Veterans Affairs.
Sec. 508. Increase in fiscal year limitation on number of veterans in
programs of independent living services and assistance.
Sec. 509. Technical and clerical amendments.
TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 601. Facilitation of staggered terms of judges through temporary
expansion of the Court.
Sec. 602. Repeal of requirement for written notice regarding acceptance
of reappointment as condition to retirement from the Court.
Sec. 603. Termination of notice of disagreement as jurisdictional
requirement for the Court.
Sec. 604. Registration fees.
Sec. 605. Administrative authorities.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--EDUCATIONAL ASSISTANCE PROVISIONS
SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL.
(a) In General.--(1) Paragraph (1) of section 3015(a) is amended to
read as follows:
``(1) for an approved program of education pursued on a
full-time basis, at the monthly rate of--
``(A) for months beginning on or after January 1,
2002, $800;
[[Page 115 STAT. 978]]
``(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) <<NOTE: 38 USC 3015 note.>> 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) <<NOTE: 38 USC 3532 note.>> 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.
[[Page 115 STAT. 979]]
SEC. 103. RESTORATION OF CERTAIN EDUCATION BENEFITS OF INDIVIDUALS BEING
ORDERED TO ACTIVE DUTY.
(a) In General.--Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), and
3511(a)(2)(B)(i) are each amended by striking ``, in connection with the
Persian Gulf War, to serve on active duty under section 672 (a), (d), or
(g), 673, 673b, or 688 of title 10;'' and inserting ``to serve on active
duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of
title 10;''.
(b) Increase in Chapter 35 Delimiting Period.--Section 3512 is
amended by adding at the end the following new subsection:
``(h) Notwithstanding any other provision of this section, if an
eligible person, during the delimiting period otherwise applicable to
such person under this section, serves on active duty pursuant to an
order to active duty issued under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10, such person shall be granted an
extension of such delimiting period for the length of time equal to the
period of such active duty plus four months.''.
(c) Application to Chapter 31.--(1) Section 3105 is amended by
adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of a subsistence allowance and
other assistance described in paragraph (2) shall not--
``(A) be charged against any entitlement of any veteran
under this chapter; or
``(B) be counted toward the aggregate period for which
section 3695 of this title limits an individual's receipt of
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,''.
[[Page 115 STAT. 980]]
(e) <<NOTE: 38 USC 3013 note.>> 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
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