Captain James C. Edge Gold Star Spouse Equity Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 854 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 854

   To amend titles 10 and 38, United States Code, to expand certain 
 benefits for surviving spouses of members of the Armed Forces who die 
                in line of duty, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2023

     Mr. Waltz (for himself, Mr. Moulton, Mr. Bacon, and Mr. Crow) 
 introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committee on Veterans' Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend titles 10 and 38, United States Code, to expand certain 
 benefits for surviving spouses of members of the Armed Forces who die 
                in line of duty, 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 ``Captain James C. Edge Gold Star 
Spouse Equity Act''.

SEC. 2. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN FOR CERTAIN 
              SURVIVING SPOUSES WHO REMARRY.

    Section 1450(b)(2) of title 10, United States Code, is amended--
            (1) by striking ``An annuity'' and inserting ``(A) Subject 
        to subparagraph (B), an annuity''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) The Secretary may not terminate payment of an annuity 
        for a surviving spouse described in subparagraph (A) or (B) of 
        section 1448(d)(1) solely because that surviving spouse 
        remarries. In the case of a surviving spouse who remarried 
        before reaching age 55 and before the date of the enactment of 
        the Captain James C. Edge Gold Star Spouse Equity Act, the 
        Secretary shall resume payment of the annuity to that surviving 
        spouse for each month after the date of the enactment of that 
        Act.''.

SEC. 3. CONTINUED ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION 
              FOR SURVIVING SPOUSES WHO REMARRY.

    (a) In General.--Section 103(d) of title 38, United States Code, is 
amended--
            (1) in paragraph (2)(B), by adding at the end the 
        following: ``The remarriage of a surviving spouse shall not bar 
        the furnishing of benefits under section 1311 of this title to 
        the surviving spouse of a veteran.''; and
            (2) in paragraph (5), by striking subparagraph (A) and 
        renumbering subparagraphs (B) through (E) as subparagraphs (A) 
        through (D), respectively.
    (b) Resumption of Payments to Certain Individuals Previously Denied 
Dependency and Indemnity Compensation.--Beginning on the first day of 
the first month after the date of the enactment of this Act, the 
Secretary shall resume payment of dependency and indemnity compensation 
under section 1311 of such title to each living individual who--
            (1) is the surviving spouse of a veteran; and
            (2) remarried before--
                    (A) reaching age 57; and
                    (B) the date of the enactment of this Act.
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