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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