Caring for Survivors Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3402 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 MAY 20, 2021 Mrs. HAYES (for herself, Ms. LOIS FRANKEL of Florida, and Mr. GRIJALVA) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Caring for Survivors 4 Act of 2021’’. 5 VerDate Sep 11 2014 00:47 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3402.IH H3402 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3402 IH SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND IN- 1 DEMNITY COMPENSATION FOR SURVIVING 2 SPOUSES. 3 (a) INCREASE.—Section 1311(a) of title 38, United 4 States Code, is amended in paragraph (1), by striking ‘‘of 5 $1,154’’ and inserting ‘‘equal to 55 percent of the rate 6 of monthly compensation in effect under section 1114(j) 7 of this title’’. 8 (b) EFFECTIVE DATE.— 9 (1) IN GENERAL.—Except as provided by para- 10 graph (2), the amendments made by subsection (a) 11 shall apply with respect to compensation paid under 12 chapter 13 of title 38, United States Code, for 13 months beginning after the date that is six months 14 after the date of the enactment of this Act. 15 (2) SPECIAL RULE FOR CERTAIN INDIVID- 16 UALS.— 17 (A) IN GENERAL.—For months beginning 18 after the date that is six months after the date 19 of the enactment of this Act, the Secretary of 20 Veterans Affairs shall pay to an individual de- 21 scribed in subparagraph (B) dependents and 22 survivors income security benefit under section 23 1311 of title 38, United States Code, in the 24 monthly amount that is the greater of the fol- 25 lowing: 26 VerDate Sep 11 2014 00:47 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3402.IH H3402 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3402 IH (i) The amount determined under sub- 1 section (a)(3) of such section 1311, as in 2 effect on the day before the date of the en- 3 actment of this Act. 4 (ii) The amount determined under 5 subsection (a)(1) of such section 1311, as 6 amended by subsection (a). 7 (B) INDIVIDUALS DESCRIBED.—An indi- 8 vidual described in this subparagraph is an in- 9 dividual eligible for dependents and survivors 10 income security benefit under section 1311 of 11 title 38, United States Code, that is predicated 12 on the death of a veteran before January 1, 13 1993. 14 SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND- 15 ENCY AND INDEMNITY COMPENSATION FOR 16 SURVIVORS OF CERTAIN VETERANS RATED 17 TOTALLY DISABLED AT TIME OF DEATH. 18 Section 1318 of title 38, United States Code, is 19 amended— 20 (1) in subsection (a)— 21 (A) by striking ‘‘The Secretary’’ and in- 22 serting ‘‘(1) Except as provided in paragraph 23 (2), the Secretary’’; and 24 VerDate Sep 11 2014 00:47 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3402.IH H3402 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3402 IH (B) by adding at the end the following new 1 paragraph: 2 ‘‘(2) In any case in which the Secretary makes a pay- 3 ment under paragraph (1) of this subsection by reason 4 of subsection (b)(1) and the period of continuous rating 5 immediately preceding death is less than 10 years, the 6 amount payable under paragraph (1) of this subsection 7 shall be an amount that bears the same relationship to 8 the amount otherwise payable under such paragraph as 9 the duration of such period bears to 10 years.’’; and 10 (2) in subsection (b)(1), by striking ‘‘10 or 11 more years’’ and inserting ‘‘five or more years’’. 12 Æ VerDate Sep 11 2014 00:47 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3402.IH H3402 kjohnson on DSK79L0C42PROD with BILLS