What This Bill Does
This bill changes the rules for dependency and indemnity compensation, which is money paid to the families of deceased veterans. The bill increases the amount of money surviving spouses receive and makes it easier for survivors of certain totally disabled veterans to qualify for these benefits.
Who It Affects
Surviving spouses of veterans, survivors of veterans who were rated totally disabled at the time of death, and the Secretary of Veterans Affairs (the government official who manages veteran benefits).
Key Provisions
• The monthly payment to surviving spouses changes to equal 55 percent of the monthly compensation rate for a specific disability level, instead of a fixed dollar amount (Sec. 2(a)).
• Individuals whose benefits are based on a veteran's death before January 1, 1993 receive whichever payment is higher: the old payment amount or the new payment amount (Sec. 2(b)(2)).
• The requirement that a veteran must have been rated totally disabled for 10 or more years before death changes to 5 or more years (Sec. 3(b)(1)).
• When a veteran was rated totally disabled for less than 10 years before death, the survivor's payment is reduced proportionally based on how many years the veteran was actually rated (Sec. 3(a)(B)).
What Changes
Surviving spouses will receive higher payments tied to a percentage of a specific disability compensation rate instead of a fixed amount. Survivors of veterans who were totally disabled for at least 5 years before death become eligible for benefits, instead of needing 10 years. Some survivors with less than 10 years of rating will receive reduced but increased benefits.
Important Definitions
Dependency and indemnity compensation: money paid monthly to family members of deceased veterans. Totally disabled: a veteran rated by the Department of Veterans Affairs as having a complete or near-complete inability to work.
Effective Date
The changes apply to payments for months beginning six months after the bill becomes law (Sec. 2(b)).
II
118TH CONGRESS
1ST SESSION
S. 414
To amend title 38, United States Code, to improve and to expand eligibility
for dependency and indemnity compensation paid to certain survivors
of certain veterans, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Mr. TESTER (for himself and Mr. BOOZMAN) introduced the following bill;
which was read twice and referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to improve and
to expand eligibility for dependency and indemnity com-
pensation paid to certain survivors of certain veterans,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Caring for Survivors
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Act of 2023’’.
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•S 414 IS
SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND IN-
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DEMNITY COMPENSATION FOR SURVIVING
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SPOUSES.
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(a) INCREASE.—Section 1311(a) of title 38, United
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States Code, is amended in paragraph (1), by striking ‘‘of
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$1,154’’ and inserting ‘‘equal to 55 percent of the rate
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of monthly compensation in effect under section 1114(j)
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of this title’’.
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(b) EFFECTIVE DATE.—
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(1) IN GENERAL.—Except as provided by para-
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graph (2), the amendments made by subsection (a)
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shall apply with respect to compensation paid under
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chapter 13 of title 38, United States Code, for
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months beginning after the date that is six months
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after the date of the enactment of this Act.
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(2) SPECIAL
RULE
FOR
CERTAIN
INDIVID-
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UALS.—
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(A) IN GENERAL.—For months beginning
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after the date that is six months after the date
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of the enactment of this Act, the Secretary of
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Veterans Affairs shall pay to an individual de-
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scribed in subparagraph (B) dependents and
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survivors income security benefit under section
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1311 of title 38, United States Code, in the
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monthly amount that is the greater of the fol-
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lowing:
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•S 414 IS
(i) The amount determined under sub-
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section (a)(3) of such section 1311, as in
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effect on the day before the date of the en-
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actment of this Act.
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(ii) The amount determined under
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subsection (a)(1) of such section 1311, as
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amended by subsection (a).
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(B) INDIVIDUALS
DESCRIBED.—An indi-
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vidual described in this subparagraph is an in-
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dividual eligible for dependents and survivors
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income security benefit under section 1311 of
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title 38, United States Code, that is predicated
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on the death of a veteran before January 1,
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1993.
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SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND-
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ENCY AND INDEMNITY COMPENSATION FOR
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SURVIVORS OF CERTAIN VETERANS RATED
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TOTALLY DISABLED AT TIME OF DEATH.
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Section 1318 of title 38, United States Code, is
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amended—
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(1) in subsection (a)—
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(A) by striking ‘‘The Secretary’’ and in-
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serting ‘‘(1) Except as provided in paragraph
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(2), the Secretary’’; and
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(B) by adding at the end the following new
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paragraph:
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‘‘(2) In any case in which the Secretary makes a pay-
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ment under paragraph (1) of this subsection by reason
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of subsection (b)(1) and the period of continuous rating
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immediately preceding death is less than 10 years, the
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amount payable under paragraph (1) of this subsection
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shall be an amount that bears the same relationship to
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the amount otherwise payable under such paragraph as
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the duration of such period bears to 10 years.’’; and
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(2) in subsection (b)(1), by striking ‘‘10 or
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more years’’ and inserting ‘‘five or more years’’.
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Æ
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