Union Calendar No. 189

103D CONGRESS

1ST SESSION H. R. 3456

[Report No. 103–350]

A BILL

To amend title 38, United States Code, to restore

ing spouses of veterans.certain benefits eligibility to unremarried survivNOVEMBER 10, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 189

103D CONGRESS

1ST SESSION H. R. 3456

[Report No. 103–350]

To amend title 38, United States Code, to restore certain benefits eligibility

to unremarried surviving spouses of veterans.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 4, 1993

Mr. SLATTERY (for himself, Mr. MONTGOMERY, Mr. STUMP, Mr. APPLEGATE,

Mr. EVERETT, Mr. EVANS, Mr. STEARNS, Mr. KING, Mr. EDWARDS of

Texas, Mr. TEJEDA, Ms. WATERS, and Mr. SPENCE) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

NOVEMBER 10, 1993

Additional sponsors: Mr. BISHOP, Mr. SMITH of New Jersey, Mr. HEFNER,

Mr. RIDGE, Mr. RICHARDSON, Mr. QUINN, Mr. STENHOLM, Mr. PAYNE

of Virginia, Mr. PARKER, and Mr. BILIRAKIS

NOVEMBER 10, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend title 38, United States Code, to restore certain

benefits eligibility to unremarried surviving spouses of

veterans.
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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 ‘‘Surviving Spouses’

5 Benefits Act of 1993’’.

6 SEC. 2. SPECIAL DEATH GRATUITY FOR UNREMARRIED

7 SURVIVING SPOUSES.

8 (a) IN GENERAL.—Chapter 13 of title 38, United

9 States Code, is amended by adding at the end of sub10 chapter II the following new section:

11 ‘‘§ 1319. Special death gratuity

12 ‘‘In any case in which benefits under this chapter

13 have been terminated or denied as the result of a marriage

14 by a surviving spouse and in which such marriage has sub15 sequently been terminated by death or divorce, a special

16 monthly death gratuity shall be payable to an unremarried

17 surviving spouse in an amount equal to the amount pay18 able under section 1311(a)(1) of this title, subject to a

19 reduction of $1 for each $1 of income countable under

20 section 1315(f)(1) of this title.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by inserting

23 after the item relating to section 1318 the following new

24 item:

‘‘1319. Special death gratuity.’’.
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1 SEC. 3. RESTORATION OF PENSION ELIGIBILITY FOR

2 UNREMARRIED SPOUSES.

3 Section 1501 of title 38, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(5) The term ‘surviving spouse’ includes the spouse

7 of a deceased veteran whose eligibility for benefits under

8 this chapter as a surviving spouse was terminated or de9 nied by reason of a subsequent remarriage if such subse10 quent remarriage is terminated by death or divorce.’’.

11 SEC. 4. RESTORATION OF BURIAL ELIGIBILITY FOR

12 UNREMARRIED SPOUSES.

13 Section 2402(5) of title 38, United States Code, is

14 amended by inserting ‘‘(which for purposes of this chapter

15 includes an unremarried surviving spouse who had a subse16 quent remarriage which was terminated by death or di17 vorce)’’ after ‘‘surviving spouse’’.

18 SEC. 4. 5. EFFECTIVE DATE.

19 (a) IN GENERAL.—Subject to subsection (b), the

20 amendments made by sections 2 and 3 shall take effect

21 on December 1, 1994.

22 (b) CONTINGENCY.—The amendments made by sec23 tions 2 and 3 shall not take effect if there has not been

24 enacted as of December 1, 1994, a law providing a cost25 of-living adjustment in the rates of compensation payable

26 under chapter 11 or dependency and indemnity compensa-
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1 tion payable under chapter 13 of title 38, United States

2 Code, for fiscal year 1995.

3 SEC. 5. 6. POLICY REGARDING COST-OF-LIVING ADJUST4 MENT IN COMPENSATION RATES FOR FISCAL

5 YEAR 1995.

6 (a) ROUNDING DOWN.—The fiscal year 1995 cost-of7 living adjustments in the rates of and limitations for com8 pensation payable under chapter 11 of title 38, United

9 States Code, and of dependency and indemnity compensa10 tion payable under chapter 13 of such title will be no more

11 than a percentage equal to the percentage by which benefit

12 amounts payable under title II of the Social Security Act

13 (42 U.S.C. 401 et seq.) are increased effective December

14 1, 1994, as a result of a determination under section

15 215(i) of such Act (42 U.S.C. 415(i)), with all increased

16 monthly rates and limitations (other than increased rates

17 or limitations equal to a whole dollar amount) rounded

18 down to the next lower dollar.

19 (b) LIMITATION ON FISCAL YEAR 1995 COST-OF20 LIVING ADJUSTMENT FOR CERTAIN DIC RECIPIENTS.—

21 (1) During fiscal year 1995, the amount of any increase

22 in any of the rates of dependency and indemnity com23 pensation in effect under section 1311(a)(3) of title 38,

24 United States Code, will not exceed 50 percent of the new
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1 law increase, rounded down (if not an even dollar amount)

2 to the next lower dollar.

3 (2) For purposes of paragraph (1), the new law in4 crease is the amount by which the rate of dependency and

5 indemnity compensation provided for recipients under sec6 tion 1311(a)(1) of such title is increased for fiscal year

7 1995.