What This Bill Does
This bill changes how the government pays dependency and indemnity compensation (a type of financial support for families of deceased veterans). The bill increases payments to surviving spouses of veterans and makes it easier for survivors of certain totally disabled veterans to receive these benefits.
Who It Affects
Surviving spouses of deceased veterans and survivors of veterans who were rated as totally disabled at the time of their death.
Key Provisions
• The government increases the monthly payment to surviving spouses to equal 55 percent of the monthly compensation rate for totally disabled veterans, replacing the previous fixed amount (Sec. 2(a))
• For survivors whose veteran died before January 1, 1993, the government pays whichever is higher: the old payment amount or the new increased amount (Sec. 2(b)(2))
• The requirement that a veteran must have been continuously rated as totally disabled for 10 or more years is reduced to five or more years (Sec. 3(b)(1))
• When a veteran was rated as totally disabled for fewer than 10 years, the payment amount is reduced proportionally based on how long the rating actually lasted (Sec. 3(a)(2))
What Changes
If this becomes law, surviving spouses receive higher monthly payments based on a new formula. Survivors of totally disabled veterans can qualify for benefits more easily since the required time period of disability drops from 10 years to 5 years.
Important Definitions
Dependency and indemnity compensation: monthly financial payments made to the family members of deceased or totally disabled veterans.
Effective Date
Six months after the date the bill becomes law.
I
118TH CONGRESS
1ST SESSION H. R. 1083
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 HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mrs. HAYES (for herself and Mr. FITZPATRICK) introduced the following bill;
which was 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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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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•HR 1083 IH
(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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