Caring for Survivors Act of 2023
This bill increases the monthly rate of dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs (VA).
Dependency and indemnity compensation is a monthly payment made to eligible survivors (i.e., spouses, parents, or children) of (1) certain veterans who died as a result of a service-connected condition; (2) service members killed while on active military duty or active or inactive duty for training; or (3) veterans who did not die from a service-connected condition, but were totally disabled by a service-connected disability for a certain period of time.
The bill also (1) reduces, from 10 years to 5 years, the period of time that certain veterans must have been rated totally disabled due to a service-connected disability in order for a survivor to qualify for benefits; and (2) specifies the amount that is payable to survivors of veterans who were rated totally disabled for a period of less than 10 years before their death.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1083 Introduced in House (IH)]
<DOC>
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 compensation paid to certain
survivors of certain veterans, and for other purposes.
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 ``Caring for Survivors Act of 2023''.
SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR
SURVIVING SPOUSES.
(a) Increase.--Section 1311(a) of title 38, United States Code, is
amended in paragraph (1), by striking ``of $1,154'' and inserting
``equal to 55 percent of the rate of monthly compensation in effect
under section 1114(j) of this title''.
(b) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by subsection (a) shall apply with respect to
compensation paid under chapter 13 of title 38, United States
Code, for months beginning after the date that is six months
after the date of the enactment of this Act.
(2) Special rule for certain individuals.--
(A) In general.--For months beginning after the
date that is six months after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall
pay to an individual described in subparagraph (B)
dependents and survivors income security benefit under
section 1311 of title 38, United States Code, in the
monthly amount that is the greater of the following:
(i) The amount determined under subsection
(a)(3) of such section 1311, as in effect on
the day before the date of the enactment of
this Act.
(ii) The amount determined under subsection
(a)(1) of such section 1311, as amended by
subsection (a).
(B) Individuals described.--An individual described
in this subparagraph is an individual eligible for
dependents and survivors income security benefit under
section 1311 of title 38, United States Code, that is
predicated on the death of a veteran before January 1,
1993.
SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND INDEMNITY
COMPENSATION FOR SURVIVORS OF CERTAIN VETERANS RATED
TOTALLY DISABLED AT TIME OF DEATH.
Section 1318 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``(1) Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following new
paragraph:
``(2) In any case in which the Secretary makes a payment under
paragraph (1) of this subsection by reason of subsection (b)(1) and the
period of continuous rating immediately preceding death is less than 10
years, the amount payable under paragraph (1) of this subsection shall
be an amount that bears the same relationship to the amount otherwise
payable under such paragraph as the duration of such period bears to 10
years.''; and
(2) in subsection (b)(1), by striking ``10 or more years''
and inserting ``five or more years''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
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