II 

113TH CONGRESS 

1ST SESSION S. 1573 

To amend title 38, United States Code, to provide for the payment of 

temporary compensation to a surviving spouse of a veteran upon the 

death of the veteran, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 16, 2013 

Mr. TESTER (for himself, Mr. HELLER, Mr. BEGICH, Mr. BLUMENTHAL, and 

Ms. HIRONO) 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 provide for the 

payment of temporary compensation to a surviving 

spouse of a veteran upon the death of the veteran, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Family Relief 

5 Act’’. 


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1 SEC. 2. AUTHORIZATION FOR TEMPORARY PAYMENT OF 

2 DEPENDENCY AND INDEMNITY COMPENSA3 TION OR DEATH PENSION UPON THE DEATH 

4 OF A VETERAN. 

5 (a) TEMPORARY DEPENDENCY AND INDEMNITY

6 COMPENSATION.—Section 1318 of title 38, United States 

7 Code, is amended— 

8 (1) by redesignating subsections (d) and (e) as 

9 subsections (e) and (f), respectively; and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d)(1) Notwithstanding subsection (b) and section 

13 5101(a)(1) of this title and subject to paragraphs (2) and 

14 (3), the Secretary may pay temporary dependency and in15 demnity compensation under this chapter to an individual 

16 described in paragraph (2) without regard to whether that 

17 individual has submitted a claim for such compensation 

18 if, at the time of the death of the veteran, the veteran 

19 was in receipt of or entitled to receive (or but for the re20 ceipt of retired or retirement pay was entitled to receive) 

21 compensation for a service-connected disability continu22 ously rated as total for not less than one year immediately 

23 preceding the death of the veteran. 

24 ‘‘(2) An individual described in this paragraph is an 

25 individual determined by the Secretary, based on evidence 

26 in the file of the deceased veteran on the date of the death 


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1 of the veteran, to be the surviving spouse of the deceased 

2 veteran. 

3 ‘‘(3) Any compensation paid under this subsection 

4 shall be made for a period not to exceed six months begin5 ning on the first day of the month in which the veteran 

6 died. 

7 ‘‘(4) No individual may receive compensation under 

8 this subsection and receive during the same period— 

9 ‘‘(A) dependency and indemnity compensation 

10 under any other provision of this title; or 

11 ‘‘(B) pension under section 1541 of this title, 

12 except as provided in subsection (h)(5) of that sec13 tion.’’. 

14 (b) TEMPORARY PENSION.—Section 1541 of such 

15 title is amended— 

16 (1) by redesignating subsection (h) as sub17 section (i); and 

18 (2) by inserting after subsection (g) the fol19 lowing new subsection (h): 

20 ‘‘(h)(1) Notwithstanding section 5101(a)(1) of this 

21 title, the Secretary may pay pension at the monthly rate 

of 1 22 ⁄12 of the annual rate specified in subsection (b) to 

23 an individual described in paragraph (2) without regard 

24 to whether the individual has submitted a claim for such 

25 pension if, at the time of the death of the veteran, the 


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1 veteran was in receipt of pension under section 1513 or 

2 1521 of this title as a married veteran based on the mar3 riage of the veteran to the individual. 

4 ‘‘(2) An individual described in this paragraph is an 

5 individual determined by the Secretary, based on evidence 

6 in the file of the deceased veteran on the date of the death 

7 of the veteran, to be the surviving spouse of the deceased 

8 veteran. 

9 ‘‘(3) Any pension paid under this subsection shall be 

10 made for a period not to exceed six months beginning on 

11 the first day of the month in which the veteran died. 

12 ‘‘(4) Pension authorized by this subsection shall be 

13 paid without regard to the annual income and net worth 

14 of the individual. 

15 ‘‘(5) If an individual who is paid pension under this 

16 subsection is entitled to pension under another provision 

17 of this chapter or to dependency and indemnity compensa18 tion under chapter 13 of this title for the period for which 

19 the individual was paid pension under this subsection or 

20 any part of that period, the individual shall be paid pen21 sion under such other provision of this chapter or depend22 ency and indemnity compensation under chapter 13 of this 

23 title for that period in the amount by which the pension 

24 or compensation to which the individual is entitled exceeds 


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1 the amount of pension paid under this section for that 

2 period.’’. 

3 (c) CONFORMING AMENDMENT.—Section 5101(a)(1) 

4 of title 38, United States Code, is amended by striking 

5 ‘‘A specific claim’’ and inserting ‘‘Except as otherwise pro6 vided in this title, a specific claim’’. 

Æ 


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