I 

117TH CONGRESS 

1ST SESSION H. R. 3402 

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 

MAY 20, 2021 

Mrs. HAYES (for herself, Ms. LOIS FRANKEL of Florida, and Mr. GRIJALVA) 

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. 

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 ‘‘Caring for Survivors 

5 Act of 2021’’. 


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1 SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND IN2 DEMNITY COMPENSATION FOR SURVIVING 

3 SPOUSES. 

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

5 States Code, is amended in paragraph (1), by striking ‘‘of 

6 $1,154’’ and inserting ‘‘equal to 55 percent of the rate 

7 of monthly compensation in effect under section 1114(j) 

8 of this title’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—Except as provided by para11 graph (2), the amendments made by subsection (a) 

12 shall apply with respect to compensation paid under 

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

14 months beginning after the date that is six months 

15 after the date of the enactment of this Act. 

16 (2) SPECIAL RULE FOR CERTAIN INDIVID17 UALS.— 

18 (A) IN GENERAL.—For months beginning 

19 after the date that is six months after the date 

20 of the enactment of this Act, the Secretary of 

21 Veterans Affairs shall pay to an individual de22 scribed in subparagraph (B) dependents and 

23 survivors income security benefit under section 

24 1311 of title 38, United States Code, in the 

25 monthly amount that is the greater of the fol26 lowing: 


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1 (i) The amount determined under sub2 section (a)(3) of such section 1311, as in 

3 effect on the day before the date of the en4 actment of this Act. 

5 (ii) The amount determined under 

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

7 amended by subsection (a). 

8 (B) INDIVIDUALS DESCRIBED.—An indi9 vidual described in this subparagraph is an in10 dividual eligible for dependents and survivors 

11 income security benefit under section 1311 of 

12 title 38, United States Code, that is predicated 

13 on the death of a veteran before January 1, 

14 1993. 

15 SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND16 ENCY AND INDEMNITY COMPENSATION FOR 

17 SURVIVORS OF CERTAIN VETERANS RATED 

18 TOTALLY DISABLED AT TIME OF DEATH. 

19 Section 1318 of title 38, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘The Secretary’’ and in23 serting ‘‘(1) Except as provided in paragraph 

24 (2), the Secretary’’; and 


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

2 paragraph: 

3 ‘‘(2) In any case in which the Secretary makes a pay4 ment under paragraph (1) of this subsection by reason 

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

6 immediately preceding death is less than 10 years, the 

7 amount payable under paragraph (1) of this subsection 

8 shall be an amount that bears the same relationship to 

9 the amount otherwise payable under such paragraph as 

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

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

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

Æ 


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