Caring for Survivors Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6933 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. IN THE HOUSE OF REPRESENTATIVES MAY 19, 2020 Mr. COX of California (for himself, Mr. CISNEROS, Mr. YOHO, Mr. VAN DREW, and Mrs. HAYES) 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. 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 2020’’. 5 VerDate Sep 11 2014 03:59 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6933.IH H6933 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6933 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) For months beginning after the date 18 that is six months after the date of the enact- 19 ment of this Act, the Secretary of Veterans Af- 20 fairs shall pay to an individual described in sub- 21 paragraph (B) dependents and survivors income 22 security benefit under section 1311 of title 38, 23 United States Code, in the monthly amount 24 that is the greater of the following: 25 VerDate Sep 11 2014 03:59 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6933.IH H6933 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6933 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) An individual described in this sub- 8 paragraph is an individual eligible for depend- 9 ents and survivors income security benefit 10 under section 1311 of title 38, United States 11 Code, that is predicated on the death of a vet- 12 eran before January 1, 1993. 13 SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND- 14 ENCY AND INDEMNITY COMPENSATION FOR 15 SURVIVORS OF CERTAIN VETERANS RATED 16 TOTALLY DISABLED AT TIME OF DEATH. 17 Section 1318 of title 38, United States Code, is 18 amended— 19 (1) in subsection (a)— 20 (A) by striking ‘‘The Secretary’’ and in- 21 serting ‘‘(1) Except as provided in paragraph 22 (2), the Secretary’’; and 23 (B) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 03:59 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6933.IH H6933 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6933 IH ‘‘(2) In any case in which the Secretary makes a pay- 1 ment under paragraph (1) of this subsection by reason 2 of subsection (b)(1) and the period of continuous rating 3 immediately preceding death is less than 10 years, the 4 amount payable under paragraph (1) of this subsection 5 shall be an amount that bears the same relationship to 6 the amount otherwise payable under such paragraph as 7 the duration of such period bears to 10 years.’’; and 8 (2) in subsection (b)(1), by striking ‘‘10 or 9 more years’’ and inserting ‘‘five or more years’’. 10 SEC. 4. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY 11 COMPENSATION FOR SURVIVING SPOUSES 12 WHO REMARRY AFTER AGE 55. 13 Section 103(d)(2)(B) of title 38, United States Code, 14 is amended in the second sentence by inserting ‘‘chapter 15 13 or’’ after ‘‘benefits under’’. 16 Æ VerDate Sep 11 2014 03:59 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6933.IH H6933 kjohnson on DSK79L0C42PROD with BILLS