[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1132

 To amend title 38, United States Code, to improve and enhance certain 
      benefits for survivors of veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

 Mr. Specter (for himself, Mr. Bunning, and Mr. Graham of South 
        Carolina) introduced the following bill; which was read twice 
        and referred to the Committee on Veterans' AffairsYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to improve and enhance certain 
      benefits for survivors of veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Survivors Benefits 
Enhancements Act of 2003''.

SEC. 2. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE.

    (a) Survivors' and Dependents' Educational Assistance.--Section 
3532 of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``at the monthly 
                rate of'' and all that follows and inserting ``at the 
                monthly rate of $985 for full-time, $740 for three-
                quarter-time, or $492 for half-time pursuit.''; and
                    (B) in paragraph (2), by striking ``at the rate 
                of'' and all that follows and inserting ``at the rate 
                of the lesser of--
            ``(A) the established charges for tuition and fees that the 
        educational institution involved requires similarly 
        circumstanced nonveterans enrolled in the same program to pay; 
        or
            ``(B) $985 per month for a full-time course.'';
            (2) in subsection (b), by striking ``$670'' and inserting 
        ``$985''; and
            (3) in subsection (c)(2), by striking ``shall be'' and all 
        that follows and inserting ``shall be $795 for full-time, $596 
        for three-quarter-time, or $398 for half-time pursuit.''.
    (b) Correspondence Courses.--Section 3534(b) of that title is 
amended by striking ``$670'' and inserting ``$985''.
    (c) Special Restorative Training.--Section 3542(a) of that title is 
amended--
            (1) by striking ``$670'' and inserting ``$985''; and
            (2) by striking ``$210'' each place it appears and 
        inserting ``$307''.
    (d) Apprenticeship Training.--Section 3687(b)(2) of that title is 
amended by striking ``shall be $488 for the first six months'' and all 
that follows and inserting ``shall be $717 for the first six months, 
$536 for the second six months, $356 for the third six months, and $179 
for the fourth and any succeeding six-month period of training.''.
    (e) Effective Date.--(1) The amendments made by this section shall 
take effect on October 1, 2003, 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.
    (2) No adjustment in rates of monthly training allowances shall be 
made under section 3687(d) of title 38, United States Code, for fiscal 
year 2004.

SEC. 3. MODIFICATION OF DURATION OF EDUCATIONAL ASSISTANCE.

    Section 3511(a)(1) of title 38, United States Code, is amended by 
striking ``45 months'' and all that follows and inserting ``45 months, 
or 36 months in the case of a person who first files a claim for 
educational assistance under this chapter after the date of the 
enactment of the Veterans' Survivors Benefits Enhancements Act of 2003, 
or the equivalent thereof in part-time training.''.

SEC. 4. ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
              SPOUSES WITH DEPENDENT CHILDREN.

    (a) Additional Dependency and Indemnity Compensation.--Section 1311 
of title 38, United States Code, is amended by adding at the end the 
following new subsection:
    ``(e)(1) Subject to paragraphs (2) and (3), if there is a surviving 
spouse with one or more children below the age of eighteen, the 
dependency and indemnity compensation paid monthly to the surviving 
spouse shall be increased by $250, regardless of the number of such 
children.
    ``(2) Dependency and indemnity compensation shall be increased for 
a month under this subsection only for months occurring during the 
five-year period beginning on the date of death of the veteran on which 
such dependency and indemnity compensation is based.
    ``(3) The increase in dependency and indemnity compensation of a 
surviving spouse under this subsection shall cease beginning with the 
first month commencing after the month in which all children of the 
surviving spouse have attained the age of eighteen.
    ``(4) Dependency and indemnity compensation under this subsection 
is in addition to any other dependency and indemnity compensation 
payable by law.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 5. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR BURIAL IN 
              NATIONAL CEMETERIES.

    (a) In General.--Section 2402(5) of title 38, United States Code, 
is amended by striking ``(which for purposes of this chapter includes 
an unremarried surviving spouse who had a subsequent remarriage which 
was terminated by death or divorce)'' and inserting ``(which for 
purposes of this chapter includes a surviving spouse who had a 
subsequent remarriage)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to deaths occurring on or after January 1, 2000.

SEC. 6. BENEFIT FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN 
              SERVICE IN KOREA.

    (a) In General.--Chapter 18 of title 38, United States Code, 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 I.
    ``(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--
            ``(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 January 1, 1967, and ending on 
        December 31, 1969; 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 January 1, 
1967, and ending on December 31, 1969.''.
    (b) Child Defined.--Section 1831 of that title, as redesignated by 
subsection (a), is further 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.--Section 1834(a) of that title, as 
redesignated by subsection (a), is further 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 Amendment.--(1) Section 1811(1)(A) of that title is 
amended by striking ``section 1821(1)'' and inserting ``section 
1831(1)''.
    (2) The heading for chapter 18 of that title 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 of that title is amended by striking the items 
relating to subchapter III 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.
                  ``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 of such title, are each 
amended by striking the item relating to chapter 18 and inserting the 
following new item:

``18. Chapter 18--Benefits for Children of Vietnam Veterans     1802''.
                            and Certain Other Veterans.
                                 <all>