[Congressional Record Volume 148, Number 46 (Tuesday, April 23, 2002)]
[Senate]
[Pages S3170-S3171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself and Mr. Rockefeller):
  S. 2231. A bill to amend title 38, United States Code, to provide an 
incremental increase in amounts of educational assistance for survivors 
and dependents of veterans, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. SPECTER. Mr. President, I have sought recognition to comment 
briefly on legislation I have introduced today which would increase 
educational assistance benefits for two highly worthy groups: survivors 
of service members who were killed on active duty or who died after 
service as consequence of service-related disabilities; and immediate 
family members of veterans who survived service but who are living with 
permanent and total disabilities.
  No one can doubt that spouses and children of service-deceased 
members of the armed forces are worthy of our Nation's gratitude. No 
less worthy are those whose veteran-spouse returned from service in a 
profoundly disabled state and, in many cases, later died as a direct 
result of that same disability. It is entirely proper that the Nation 
provide these worthy people with sufficient educational assistance 
benefits to offset the loss of support that would have been provided by 
the veteran but for his or her service-related wounds.
  The legislation I introduce today would increase the rate of monthly 
Survivors' and Dependents' Education Assistance, DEA, benefits from 
$670 to $985. The increase would be phased in over a two-year period, 
and would reflect the same phased-in increase provided to veterans 
eligible for Montgomery GI Bill, MGIB, benefits under Public Law 107-
103, the recently-enacted ``Veterans Education and Benefits Expansion 
Act of 2001.'' Under my bill, DEA benefits would first increase from 
$670 to $900 per month on October 1, 2002, and to $985 per month on 
October 1, 2003. In addition, the legislation would equalize with MGIB 
benefits the number of months, at 36, an eligible person would be 
allowed to use his or her benefit.
  This legislation would create parity between DEA and MGIB monthly 
benefits as recommended by a recent Department of Veterans Affairs, VA, 
program evaluation. Both programs would provide an aggregate of $35,460 
worth of education benefits. Thus, both veterans and survivors would 
have the resources necessary to meet the average cost of tuition, fees, 
room, and board at four-year, public institutions of higher learning. 
As was stated by VA's Deputy Secretary, Dr. Leo Mackay, in connection 
with a Committee on Veterans Affairs hearing on June 28, 2001, VA 
``believe[s] it is only fair that these benefits should be at the same 
level as those provided to veterans.'' VA estimates that a monthly 
benefit at that level will entice 90% of eligible persons to use the 
benefit.

  In addition to increasing DEA benefits, the legislation I have 
introduced today would provide a $4 million funding increase for State 
Approving Agencies, SAA, State educational program certifying offices 
which are funded by VA grants. These offices protect the integrity of 
VA educational assistance and job-training programs and protect 
veterans and survivors, and, not unimportantly, taxpayers, from 
fraudulent ``providers'' of education and training opportunities. Since 
1989, funding for SAAs has been nearly flat, but SAA responsibilities 
have grown. Most recently, Public Law 107-103 tasked the SAAs with 
veteran and servicemember outreach in each state, and expanded the 
scope of education programs which SAAs must review and approve. My 
legislation would provide an increase, from $14 million to $18 million 
in fiscal year 2003, to address the loss of purchasing power absorbed 
by SAAs over the last decade, and to adequately fund the additional 
responsibilities SAAs have been given.
  I hope there will be unanimous support for this legislation. Our 
troops in Afghanistan and elsewhere need to know that if they die or 
are seriously injured on the battlefield, their loved ones will be 
cared for. This legislation will assure that survivors' needs in the 
critical area of education will be met.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2231

       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 ``Survivors' and Dependents' 
     Educational Assistance Adjustment Act of 2002''.

     SEC. 2. INCREMENTAL 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--
       ``(A) for months occurring during fiscal year 2003, $900 
     for full-time, $676 for three-quarter-time, or $450 for half-
     time pursuit; and
       ``(B) for months occurring during a subsequent fiscal year, 
     $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)(i) for months occurring during fiscal year 2003, $900 
     per month for a full-time course; or (ii) for months 
     occurring during a subsequent fiscal year, $985 per month for 
     a full-time course.'';
       (2) in subsection (b), by striking ``at the rate of'' and 
     all that follows and inserting ``at the rate of--
       ``(1) for months occurring during fiscal year 2003, $900 
     per month; and
       ``(2) for months occurring during a subsequent fiscal year, 
     $985 per month.''; and
       (3) in subsection (c)(2), by striking ``shall be'' and all 
     that follows and inserting ``shall be--
       ``(A) for months occurring during fiscal year 2003, $727 
     for full-time, $545 for three-quarter-time, or $364 for half-
     time pursuit; and
       ``(B) for months occurring during a subsequent fiscal year, 
     $795 for full-time, $596 for three-quarter-time, or $398 for 
     half-time pursuit.''.

[[Page S3171]]

       (b) Correspondence Courses.--Section 3534(b) of that title 
     is amended by striking ``for each $670'' and all that follows 
     and inserting ``for each amount which is paid to the spouse 
     as an educational assistance allowance for such course as 
     follows:
       ``(1) For amounts paid during fiscal year 2003, $900.
       ``(2) For amounts paid during a subsequent fiscal year, 
     $985.''.
       (c) Special Restorative Training.--Section 3542(a) of that 
     title is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by designating the second sentence as paragraph (2) and 
     indenting such paragraph, as so designated, two ems from the 
     left margin;
       (3) in paragraph (1), as so designated, by striking ``the 
     basic rate of $670 per month.'' and inserting ``the basic 
     rate of--
       ``(A) for months occurring during fiscal year 2003, $900 
     per month; and
       ``(B) for months occurring during a subsequent fiscal year, 
     $985 per month.''; and
       (4) in paragraph (2), as so designated--
       (A) by striking ``$184 per calendar month'' and inserting 
     ``$282 per calendar month for months occurring during fiscal 
     year 2003, or $307 per calendar months for months occurring 
     during a subsequent fiscal year''; and
       (B) by striking ``$184 a month'' and inserting ``$282 a 
     month for months occurring during fiscal year 2003, or $307 a 
     month for months occurring during a subsequent fiscal year''.
       (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--
       ``(A) $655 for the first six months, $490 for the second 
     six months, $325 for the third six months, and $164 for the 
     fourth and any succeeding six-month period of training, if 
     such six-month period of training begins during fiscal year 
     2003; and
       ``(B) $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, if 
     such six-month period of training begins during a subsequent 
     fiscal year.''.
       (e) Effective Date.--(1) The amendments made by this 
     section shall take effect as of 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 years 2003 and 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 Survivors' and 
     Dependents' Educational Assistance Adjustment Act of 2002, or 
     to the equivalent thereof in part-time training.''.

     SEC. 4. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR 
                   STATE APPROVING AGENCIES FOR ADMINISTRATIVE 
                   EXPENSES.

       (a) Increase in Amount.--Section 3674(a)(4) of title 38, 
     United States Code, is amended in the first sentence by 
     striking ``may not exceed $13,000,000'' and all that follows 
     through the end and inserting ``may not exceed 
     $18,000,000.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2002.
                                 ______