II 

115TH CONGRESS 

1ST SESSION S. 1990 

To amend title 38, United States Code, to increase amounts payable by 

the Department of Veterans Affairs for dependency and indemnity compensation, to modify the requirements for dependency and indemnity 

compensation for survivors of certain veterans rated totally disabled 

at the time of death, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2017 

Mr. TESTER (for himself, 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 increase amounts 

payable by the Department of Veterans Affairs for dependency and indemnity compensation, to modify the 

requirements for dependency and indemnity compensation for survivors of certain veterans rated totally disabled at the time of death, 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 ‘‘Dependency and In5 demnity Compensation Improvement Act of 2017’’. 


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1 SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND IN2 DEMNITY COMPENSATION PAYABLE TO SUR3 VIVING SPOUSES BY THE SECRETARY OF 

4 VETERANS AFFAIRS. 

5 (a) INCREASE.—Section 1311(a) of title 38, United 

6 States Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘of $1,154’’ 

8 and inserting ‘‘equal to 55 percent of the rate of 

9 monthly compensation in effect under section 

10 1114(j) of this title’’; and 

11 (2) by striking paragraph (3). 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—Except as provided by para14 graph (2), the amendments made by subsection (a) 

15 shall apply with respect to compensation paid under 

16 chapter 13 of title 38, United States Code, for 

17 months beginning after the date that is six months 

18 after the date of the enactment of this Act. 

19 (2) SPECIAL RULE FOR CERTAIN INDIVID20 UALS.— 

21 (A) IN GENERAL.—For months beginning 

22 after the date that is six months after the date 

23 of the enactment of this Act, the Secretary of 

24 Veterans Affairs shall pay to an individual de25 scribed in subparagraph (B) dependency and 

26 indemnity compensation under section 1311 of 


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1 title 38, United States Code, in the monthly 

2 amount that is the greater of the following: 

3 (i) The amount determined under sub4 section (a)(3) of such section 1311, as in 

5 effect on the day before the date of the en6 actment of this Act. 

7 (ii) The amount determined under 

8 subsection (a)(1) of such section 1311, as 

9 amended by subsection (a). 

10 (B) INDIVIDUALS DESCRIBED.—An indi11 vidual described in this subparagraph is an in12 dividual eligible for dependency and indemnity 

13 compensation under section 1311 of title 38, 

14 United States Code, that is predicated on the 

15 death of a veteran before January 1, 1993. 

16 SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND17 ENCY AND INDEMNITY COMPENSATION PAY18 ABLE BY DEPARTMENT OF VETERANS AF19 FAIRS FOR SURVIVORS OF CERTAIN VET20 ERANS RATED TOTALLY DISABLED AT TIME 

21 OF DEATH. 

22 (a) IN GENERAL.—Section 1318 of title 38, United 

23 States Code, is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘(1) Except as provided in paragraph 

3 (2), the Secretary’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) In any case in which the Secretary makes a pay7 ment under paragraph (1) of this subsection by reason 

8 of subsection (b)(1) and the period of continuous rating 

9 immediately preceding death is less than 10 years, the 

10 amount payable under paragraph (1) of this subsection 

11 shall be an amount which bears the same relationship to 

12 the amount otherwise payable under such paragraph as 

13 the duration of such period bears to 10 years.’’; and 

14 (2) in subsection (b)(1), by striking ‘‘10 or 

15 more years’’ and inserting ‘‘five or more years’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall apply with respect to compensation 

18 paid under chapter 13 of title 38, United States Code, 

19 for months beginning after the date that is six months 

20 after the date of the enactment of this Act. 


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1 SEC. 4. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY 

2 COMPENSATION PAYABLE BY DEPARTMENT 

3 OF VETERANS AFFAIRS FOR SURVIVING 

4 SPOUSES WHO REMARRY AFTER AGE 55. 

5 Section 103(d)(2)(B) of title 38, United States Code, 

6 is amended in the second sentence by inserting ‘‘chapter 

7 13 or’’ after ‘‘benefits under’’. 

Æ 


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