[Congressional Record Volume 153, Number 33 (Tuesday, February 27, 2007)]
[Senate]
[Pages S2282-S2283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Hagel, and Mr. Warner):
  S. 698. A bill to amend title 38, United States Code, to expand and 
enhance educational assistance for survivors and dependents of 
veterans; to the Committee on Veterans' Affairs.
  Mr. DURBIN. Mr. President, today I am introducing the Veterans' 
Survivor Education Enhancement Act. This legislation would expand 
education benefits for the survivors and dependents of fallen 
servicemembers.
  Specifically, the legislation would adjust the Survivors' and 
Dependents' Educational Assistance Program by increasing the dependent 
benefit to $80,000 which the dependent can draw against for any period 
between the ages of 17 and 30. This benefit may be used for any 
expenses incurred while pursuing an education, including: tuition, 
fees, books, room, and board. Education benefits may be used for degree 
and certificate programs, apprenticeship, and on-the-job training. The 
surviving spouse benefit also will rise to $80,000 and may be used by 
the spouse for 20 years after the death of the servicemember.
  Of the 24.3 million veterans currently alive, nearly three-quarters 
served during a war or an official period of conflict. About a quarter 
of the Nation's population, approximately 63 million people, are 
potentially eligible for veterans' benefits and services because they 
are veterans, family members or survivors of veterans. Since the 
dependents program was enacted in 1956, the Department of Veterans 
Affairs (VA) also has assisted in the education of more than 700,000 
dependents of veterans whose deaths or total disabilities were service-
connected. In 2005, VA helped pay for the education or training of 
336,347 veterans and active-duty personnel, 87,589 reservists and 
National Guardsmen and 74,360 survivors.
  Surviving families of veterans have already given so much to our 
Nation. We need to give the widowed spouses and children a helping 
hand. Therefore, in honor of these families and our brave fallen 
servicemembers, I encourage my colleagues to support the Veterans' 
Survivor Education Enhancement Act and cosponsor this important 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 698

       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 
     Education Enhancement Act of 2007''.

     SEC. 2. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE 
                   FOR SURVIVORS AND DEPENDENTS OF VETERANS.

       (a) Termination of Durational Limitation on Use of 
     Educational Assistance and Restatement of Continuing 
     Requirements.--
       (1) In general.--Subsection (a) of section 3511 of title 
     38, United States Code, is amended to read as follows:
       ``(a)(1) Notwithstanding any other provision of this 
     chapter or chapter 36 of this title, any payment of 
     educational assistance described in paragraph (2) shall not 
     be charged against the entitlement of any individual under 
     this chapter.
       ``(2) The payment of educational assistance referred to in 
     paragraph (1) is the payment of such assistance to an 
     individual for pursuit of a course or courses under this 
     chapter if the Secretary finds that the individual--
       ``(A) had to discontinue such course pursuit 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 or 
     of being involuntarily ordered to full-time National Guard 
     duty under section 502(f) of title 32; and
       ``(B) failed to receive credit or training time toward 
     completion of the individual's approved educational, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in subparagraph (A), the course 
     pursuit.''.
       (2) Conforming amendments.--Such title 38 is further 
     amended as follows:
       (A) In section 3511, by amending the heading to read as 
     follows:

     ``Sec. 3511. Treatment of certain interruptions in pursuit of 
       programs of education''.

       (B) In section 3532(g)--
       (i) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraph (2)'';
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (C) By striking section 3541 and inserting the following 
     new section:

     ``Sec. 3541. Special restorative training

       ``(a) The Secretary may, at the request of an eligible 
     person--
       ``(1) determine whether such person is in need of special 
     restorative training; and
       ``(2) if such need is found to exist, prescribe a course 
     that is suitable to accomplish the purposes of this chapter.
       ``(b) A course of special restorative training under 
     subsection (a) may, at the discretion of the Secretary, 
     contain elements that would contribute toward an ultimate 
     objective of a program of education.''.
       (D) In section 3695(a)(4), by striking ``35,''.
       (b) Extension of Delimiting Age of Eligibility for 
     Dependents.--Section 3512(a) of such title, is amended by 
     striking ``twenty-sixth birthday'' each place it appears and 
     inserting ``thirtieth birthday''.
       (c) Amount of Educational Assistance.--
       (1) In general.--Section 3532 of such title is amended to 
     read as follows:

     ``Sec. 3532. Amount of educational assistance

       ``(a) The aggregate amount of educational assistance to 
     which an eligible person is entitled under this chapter is 
     $80,000, as increased from time to time under section 3564 of 
     this title.
       ``(b) Within the aggregate amount provided for in 
     subsection (a), educational assistance under this chapter may 
     be paid for any purpose, and in any amount, as follows:
       ``(1) A program of education consisting of institutional 
     courses.
       ``(2) A full-time program of education that consists of 
     institutional courses and alternate phases of training in a 
     business or industrial establishment with the training in the 
     business or industrial establishment being strictly 
     supplemental to the institutional portion.
       ``(3) A farm cooperative program consisting of 
     institutional agricultural courses prescheduled to fall 
     within 44 weeks of any period of 12 consecutive months that 
     is pursued by an eligible person who is concurrently engaged 
     in agricultural employment that is relevant to such 
     institutional agricultural courses as determined under 
     standards prescribed by the Secretary.
       ``(4) A course or courses or other program of special 
     educational assistance as provided in section 3491(a) of this 
     title.
       ``(5) A program of apprenticeship or other on-job training 
     pursued in a State as provided in section 3687(a) of this 
     title.
       ``(6) In the case of an eligible spouse or surviving 
     spouse, a program of education exclusively by correspondence 
     as provided in section 3686 of this title.
       ``(7) Special restorative training as provided in section 
     3542 of this title.
       ``(c) If a program of education is pursued by an eligible 
     person at an institution located in the Republic of the 
     Philippines, any educational assistance for such person under 
     this chapter shall be paid at the rate of $0.50 for each 
     dollar.
       ``(d)(1) Subject to paragraph (2), the amount of 
     educational assistance payable under this chapter for a 
     licensing or certification test described in section 
     3501(a)(5) of this title is the lesser of $2,000 or the fee 
     charged for the test.
       ``(2) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the available entitlement for the individual under this 
     chapter.''.
       (2) Conforming amendments.--Title 38, United States Code, 
     is amended as follows:
       (A) By striking section 3533 and inserting the following 
     new section:

     ``Sec. 3533. Tutorial assistance

       ``An eligible person shall, without any charge to any 
     entitlement of such person to educational assistance under 
     section 3532(a) of this title, be entitled to the benefits 
     provided an eligible veteran under section 3492 of this 
     title.''.
       (B) Section 3534 is repealed.
       (C) In section 3542--
       (i) in subsection (a), by striking ``computed at the basic 
     rate'' and all that follows through the end of the subsection 
     and inserting a period; and
       (ii) in subsection (b), by striking ``an educational 
     assistance allowance'' and inserting ``educational 
     assistance''.
       (D) In section 3543(c)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (E) In section 3564, by striking ``rates payable under 
     sections 3532, 3534(b), and 3542(a)'' and inserting 
     ``aggregate amount of educational assistance payable under 
     section 3532''.
       (F) In section 3565(b), by striking paragraph (1) and 
     inserting the following new paragraph (1):
       ``(1) educational assistance payable under section 3532 of 
     this title, including the special training allowance referred 
     to in subsection (b)(7) of such section, shall be paid at the 
     rate of $0.50 for each dollar; and''.

[[Page S2283]]

       (G) In section 3687--
       (i) in subsection (a)--

       (I) in the matter preceding paragraph (1), by striking ``or 
     an eligible person (as defined in section 3501(a) of this 
     title)''; and
       (II) in the flush matter following paragraph (2), by 
     striking ``chapters 34 and 35'' and inserting ``chapter 34'';

       (ii) in subsection (c), by striking ``chapters 34 and 35'' 
     and inserting ``chapter 34''; and
       (iii) in subsection (e), by striking paragraph (3) and 
     inserting the following new paragraph (3):
       ``(3) In this subsection, the term `individual' means an 
     eligible veteran who is entitled to monthly educational 
     assistance allowances payable under section 3015(e) of this 
     title.''.
       (d) Other Conforming Amendments.--Title 38, United States 
     Code, is further amended as follows:
       (1) In section 3524, by striking ``the educational 
     assistance allowance'' each place it appears and inserting 
     ``educational assistance''.
       (2) In section 3531--
       (A) in the heading, by striking ``allowance'';
       (B) in subsection (a), by striking ``an educational 
     assistance allowance'' and inserting ``educational 
     assistance''; and
       (C) in subsection (b), by striking ``allowance''.
       (3) In section 3537(a), by striking ``additional''.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of chapter 35 of such title is amended as follows:
       (1) By striking the item relating to section 3511 and 
     inserting the following new item:

``3511. Treatment of certain interruptions in pursuit of programs of 
              education.''.
       (2) By striking the items relating to section 3531, 3532, 
     and 3533 and inserting the following new items:

``3531. Educational assistance.
``3532. Amount of educational assistance.
``3533. Tutorial assistance.''.
       (3) By striking the item relating to section 3534.
       (4) By striking the item relating to section 3541 and 
     inserting the following new item:

``3541. Special restorative training.''.
       (f) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act.
       (2) Annual adjustments for fiscal year 2008.--
     Notwithstanding the effective date under paragraph (1) of the 
     amendment to section 3564 of title 38, United States Code, 
     made by subsection (c)(2)(E), the Secretary of Veterans 
     Affairs shall make the first increase in the aggregate amount 
     of educational assistance under section 3532 of such title as 
     required by such section 3564 (as so amended) for fiscal year 
     2008.

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