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 com-
pensation paid to certain survivors of certain veterans, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Caring for Survivors 
Act of 2021’’. 
VerDate Sep 11 2014 
00:47 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.IH
H3402
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND IN-
DEMNITY COMPENSATION FOR SURVIVING 
SPOUSES. 
(a) INCREASE.—Section 1311(a) of title 38, United 
States Code, is amended in paragraph (1), by striking ‘‘of 
$1,154’’ and inserting ‘‘equal to 55 percent of the rate 
of monthly compensation in effect under section 1114(j) 
of this title’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided by para-
graph (2), the amendments made by subsection (a) 
shall apply with respect to compensation paid under 
chapter 13 of title 38, United States Code, for 
months beginning after the date that is six months 
after the date of the enactment of this Act. 
(2) SPECIAL
RULE
FOR
CERTAIN
INDIVID-
UALS.— 
(A) IN GENERAL.—For months beginning 
after the date that is six months after the date 
of the enactment of this Act, the Secretary of 
Veterans Affairs shall pay to an individual de-
scribed in subparagraph (B) dependents and 
survivors income security benefit under section 
1311 of title 38, United States Code, in the 
monthly amount that is the greater of the fol-
lowing: 
VerDate Sep 11 2014 
00:47 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.IH
H3402
kjohnson on DSK79L0C42PROD with BILLS
(i) The amount determined under sub-
section (a)(3) of such section 1311, as in 
effect on the day before the date of the en-
actment of this Act. 
(ii) The amount determined under 
subsection (a)(1) of such section 1311, as 
amended by subsection (a). 
(B) INDIVIDUALS
DESCRIBED.—An indi-
vidual described in this subparagraph is an in-
dividual eligible for dependents and survivors 
income security benefit under section 1311 of 
title 38, United States Code, that is predicated 
on the death of a veteran before January 1, 
1993. 
SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPEND-
ENCY AND INDEMNITY COMPENSATION FOR 
SURVIVORS OF CERTAIN VETERANS RATED 
TOTALLY DISABLED AT TIME OF DEATH. 
Section 1318 of title 38, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘(1) Except as provided in paragraph 
(2), the Secretary’’; and 
VerDate Sep 11 2014 
00:47 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.IH
H3402
kjohnson on DSK79L0C42PROD with BILLS
(B) by adding at the end the following new 
paragraph: 
‘‘(2) In any case in which the Secretary makes a pay-
ment under paragraph (1) of this subsection by reason 
of subsection (b)(1) and the period of continuous rating 
immediately preceding death is less than 10 years, the 
amount payable under paragraph (1) of this subsection 
shall be an amount that bears the same relationship to 
the amount otherwise payable under such paragraph as 
the duration of such period bears to 10 years.’’; and 
(2) in subsection (b)(1), by striking ‘‘10 or 
more years’’ and inserting ‘‘five or more years’’. 
Æ 
VerDate Sep 11 2014 
00:47 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3402.IH
H3402
kjohnson on DSK79L0C42PROD with BILLS