Pub.L. 108-184 To establish within the Smithsonian Institution the National Museum of African American History and Culture, and for other purposes. <> ...

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[[Page 117 STAT. 2651]]

Public Law 108-183
108th Congress

                                 An Act


 
 To amend title 38, United States Code, to improve benefits under laws 
    administered by the Secretary of Veterans Affairs, and for other 
            purposes. <<NOTE: Dec. 16, 2003 -  [H.R. 2297]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Veterans 
Benefits Act of 2003.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 38 USC 101 note.>> Title.--This Act may be cited 
as the ``Veterans Benefits Act of 2003''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

                       TITLE I--SURVIVOR BENEFITS

Sec. 101. Retention of certain veterans survivor benefits for surviving 
           spouses remarrying after age 57.
Sec. 102. Benefits for children with spina bifida of veterans of certain 
           service in Korea.
Sec. 103. Alternative beneficiaries for National Service Life Insurance 
           and United States Government Life Insurance.
Sec. 104. Payment of benefits accrued and unpaid at time of death.

TITLE II--BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO VETERANS

                   Subtitle A--Former Prisoners of War

Sec. 201. Presumptions of service-connection relating to diseases and 
           disabilities of former prisoners of war.

                      Subtitle B--Filipino Veterans

Sec. 211. Rate of payment of benefits for certain Filipino veterans and 
           their survivors residing in the United States.
Sec. 212. Burial benefits for new Philippine Scouts residing in the 
           United States.
Sec. 213. Extension of authority to maintain regional office in the 
           Republic of the Philippines.

   TITLE III--EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED 
                                 MATTERS

Sec. 301. Expansion of Montgomery GI Bill education benefits for certain 
           self-employment training.
Sec. 302. Increase in rates of survivors' and dependents' educational 
           assistance.
Sec. 303. Restoration of survivors' and dependents' education benefits 
           of individuals being ordered to full-time National Guard 
           duty.
Sec. 304. Rounding down of certain cost-of-living adjustments on 
           educational assistance.
Sec. 305. Authorization for State approving agencies to approve certain 
           entrepreneurship courses.
Sec. 306. Repeal of provisions relating to obsolete education loan 
           program.
Sec. 307. Six-year extension of the Veterans' Advisory Committee on 
           Education.
Sec. 308. Procurement program for small business concerns owned and 
           controlled by service-disabled veterans.

[[Page 117 STAT. 2652]]

Sec. 309. Outstationing of Transition Assistance Program personnel.

             TITLE IV--HOUSING BENEFITS AND RELATED MATTERS

Sec. 401. Authorization to provide adapted housing assistance to certain 
           disabled members of the Armed Forces who remain on active 
           duty.
Sec. 402. Increase in amounts for certain adaptive benefits for disabled 
           veterans.
Sec. 403. Permanent authority for housing loans for members of the 
           Selected Reserve.
Sec. 404. Reinstatement of minimum requirements for sale of vendee 
           loans.
Sec. 405. Adjustment to home loan fees.
Sec. 406. One-year extension of procedures on liquidation sales of 
           defaulted home loans guaranteed by the Department of Veterans 
           Affairs.

                        TITLE V--BURIAL BENEFITS

Sec. 501. Burial plot allowance.
Sec. 502. Eligibility of surviving spouses who remarry for burial in 
           national cemeteries.
Sec. 503. Permanent authority for State cemetery grants program.

               TITLE VI--EXPOSURE TO HAZARDOUS SUBSTANCES

Sec. 601. Radiation Dose Reconstruction Program of Department of 
           Defense.
Sec. 602. Study on disposition of Air Force Health Study.
Sec. 603. Funding of Medical Follow-Up Agency of Institute of Medicine 
           of National Academy of Sciences for epidemiological research 
           on members of the Armed Forces and veterans.

                        TITLE VII--OTHER MATTERS

Sec. 701. Time limitations on receipt of claim information pursuant to 
           requests of Department of Veterans Affairs.
Sec. 702. Clarification of applicability of prohibition on assignment of 
           veterans benefits to agreements requiring payment of future 
           receipt of benefits.
Sec. 703. Six-year extension of Advisory Committee on Minority Veterans.
Sec. 704. Temporary authority for performance of medical disabilities 
           examinations by contract physicians.
Sec. 705. Forfeiture of benefits for subversive activities.
Sec. 706. Two-year extension of round-down requirement for compensation 
           cost-of-living adjustments.
Sec. 707. Codification of requirement for expeditious treatment of cases 
           on remand.
Sec. 708. Technical and clerical amendments.

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--SURVIVOR BENEFITS

SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR SURVIVING 
            SPOUSES REMARRYING AFTER AGE 57.

    (a) Exception to Termination of Benefits Upon Remarriage.--Section 
103(d)(2)(B) <<NOTE: 38 USC 103.>>  is amended by striking ``The 
remarriage after age 55'' and inserting ``The remarriage after age 57 of 
the surviving spouse of a veteran shall not bar the furnishing of 
benefits specified in paragraph (5) to such person as the surviving 
spouse of the veteran. Notwithstanding the previous sentence, the 
remarriage after age 55''.

    (b) Coordination of Benefits.--Section 1311 is amended by adding at 
the end the following new subsection:
    ``(e) In the case of an individual who is eligible for dependency 
and indemnity compensation under this section by reason of section 
103(d)(2)(B) of this title who is also eligible for benefits under 
another provision of law by reason of such individual's status as

[[Page 117 STAT. 2653]]

the surviving spouse of a veteran, then, notwithstanding any other 
provision of law (other than section 5304(b)(3) of this title), no 
reduction in benefits under such other provision of law shall be made by 
reason of such individual's eligibility for benefits under this 
section.''.
    (c) Effective <<NOTE: 38 USC 103 note.>> Date.--The amendments made 
by subsections (a) and (b) shall take effect on January 1, 2004.

    (d) Retroactive <<NOTE: 38 USC 103 note.>> Benefits Prohibited.--No 
benefit may be paid to any person by reason of the amendments made by 
subsections (a) and (b) for any period before the effective date 
specified in subsection (c).

    (e) Application <<NOTE: Effective date. 38 USC 103 note.>> for 
Benefits.--In the case of an individual who but for having remarried 
would be eligible for benefits under title 38, United States Code, by 
reason of the amendment made by subsection (a) and whose remarriage was 
before the date of the enactment of this Act and after the individual 
had attained age 57, the individual shall be eligible for such benefits 
by reason of such amendment only if the individual submits an 
application for such benefits to the Secretary of Veterans Affairs not 
later than the end of the one-year period beginning on the date of the 
enactment of this Act.

    (f) Technical Correction.--Section 101(b) of the Veterans Benefits 
Act of 2002 (Public Law 107-330; 116 Stat. 2821; 38 U.S.C. 103 note) is 
amended by striking ``during the 1-year period'' and all that follows 
through ``(c)'' and inserting ``before the end of the one-year period 
beginning on the date of the enactment of the Veterans Benefits Act of 
2003''.

SEC. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN 
            SERVICE IN KOREA.

    (a) In General.--Chapter 18 is amended--
            (1) by redesignating subchapter III, and sections 1821, 
        1822, 1823, and 1824, as subchapter IV, and sections 1831, 1832, 
        1833, and 1834, respectively; and
            (2) by inserting after subchapter II the following new 
        subchapter III:

 ``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH 
                              SPINA BIFIDA

``Sec. 1821. Benefits for children of certain Korea service veterans 
                        born with spina bifida

    ``(a) Benefits Authorized.--The Secretary may provide to any child 
of a veteran of covered service in Korea who is suffering from spina 
bifida the health care, vocational training and rehabilitation, and 
monetary allowance required to be paid to a child of a Vietnam veteran 
who is suffering from spina bifida under subchapter I of this chapter as 
if such child of a veteran of covered service in Korea were a child of a 
Vietnam veteran who is suffering from spina bifida under such 
subchapter.
    ``(b) Spina Bifida Conditions Covered.--This section applies with 
respect to all forms and manifestations of spina bifida, except spina 
bifida occulta.
    ``(c) Veteran of Covered Service in Korea.--For purposes of this 
section, a veteran of covered service in Korea is any individual, 
without regard to the characterization of that individual's service, 
who--

[[Page 117 STAT. 2654]]

            ``(1) served in the active military, naval, or air service 
        in or near the Korean demilitarized zone (DMZ), as determined by 
        the Secretary in consultation with the Secretary of Defense, 
        during the period beginning on September 1, 1967, and ending on 
        August 31, 1971; and
            ``(2) is determined by the Secretary, in consultation with 
        the Secretary of Defense, to have been exposed to a herbicide 
        agent during such service in or near the Korean demilitarized 
        zone.

    ``(d) Herbicide Agent.--For purposes of this section, the term 
`herbicide agent' means a chemical in a herbicide used in support of 
United States and allied military operations in or near the Korean 
demilitarized zone, as determined by the Secretary in consultation with 
the Secretary of Defense, during the period beginning on September 1, 
1967, and ending on August 31, 1971.''.
    (b) Child Defined.--Section 1831, as redesignated by subsection (a) 
of this section, is amended by striking paragraph (1) and inserting the 
following new paragraph (1):
            ``(1) The term `child' means the following:
                    ``(A) For purposes of subchapters I and II of this 
                chapter, an individual, regardless of age or marital 
                status, who--
                          ``(i) is the natural child of a Vietnam 
                      veteran; and
                          ``(ii) was conceived after the date on which 
                      that veteran first entered the Republic of Vietnam 
                      during the Vietnam era.
                    ``(B) For purposes of subchapter III of this 
                chapter, an individual, regardless of age or marital 
                status, who--
                          ``(i) is the natural child of a veteran of 
                      covered service in Korea (as determined for 
                      purposes of section 1821 of this title); and
                          ``(ii) was conceived after the date on which 
                      that veteran first entered service described in 
                      subsection (c) of that section.''.

    (c) Nonduplication of Benefits.--Subsection (a) of section 1834, as 
redesignated by subsection (a) of this section, is amended by adding at 
the end the following new sentence: ``In the case of a child eligible 
for benefits under subchapter I or II of this chapter who is also 
eligible for benefits under subchapter III of this chapter, a monetary 
allowance shall be paid under the subchapter of this chapter elected by 
the child.''.
    (d) Conforming Amendments.--(1) Section 1811(1)(A) is amended by 
striking ``section 1821(1)'' and inserting ``section 1831(1)''.
    (2) The heading for chapter 18 is amended to read as follows:

  ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN 
                            OTHER VETERANS''.

    (e) Clerical Amendments.--(1) The table of sections at the beginning 
of chapter 18 is amended by striking the items relating to subchapter 
III and sections 1821, 1822, 1823, and 1824 and inserting the following 
new items:

 ``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH 
                              SPINA BIFIDA

``1821. Benefits for children of certain Korea service veterans born 
           with spina bifida.

[[Page 117 STAT. 2655]]

                   ``SUBCHAPTER IV--GENERAL PROVISIONS

``1831. Definitions.
``1832. Applicability of certain administrative provisions.
``1833. Treatment of receipt of monetary allowance and other benefits.
``1834. Nonduplication of benefits.''.

    (2) The table of chapters at the beginning of title 38, United 
States Code, and at the beginning of part II, are each amended by 
striking the item relating to chapter 18 and inserting the following new 
item:

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