[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 3456


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 18 (legislative day, November 2), 1993

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
  To amend title 38, United States Code, to restore certain benefits 
       eligibility to unremarried surviving spouses of veterans.

    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 ``Surviving Spouses' Benefits Act of 
1993''.

SEC. 2. SPECIAL DEATH GRATUITY FOR UNREMARRIED SURVIVING SPOUSES.

    (a) In General.--Chapter 13 of title 38, United States Code, is 
amended by adding at the end of subchapter II the following new 
section:
``Sec. 1319. Special death gratuity
    ``In any case in which benefits under this chapter have been 
terminated or denied as the result of a marriage by a surviving spouse 
and in which such marriage has subsequently been terminated by death or 
divorce, a special monthly death gratuity shall be payable to an 
unremarried surviving spouse in an amount equal to the amount payable 
under section 1311(a)(1) of this title, subject to a reduction of $1 
for each $1 of income countable under section 1315(f)(1) of this 
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1318 the following new item:

``1319. Special death gratuity.''.

SEC. 3. RESTORATION OF PENSION ELIGIBILITY FOR UNREMARRIED SPOUSES.

    Section 1501 of title 38, United States Code, is amended by adding 
at the end the following new paragraph:
    ``(5) The term `surviving spouse' includes the spouse of a deceased 
veteran whose eligibility for benefits under this chapter as a 
surviving spouse was terminated or denied by reason of a subsequent 
remarriage if such subsequent remarriage is terminated by death or 
divorce.''.

SEC. 4. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED SPOUSES.

    Section 2402(5) of title 38, United States Code, is amended by 
inserting ``(which for purposes of this chapter includes an unremarried 
surviving spouse who had a subsequent remarriage which was terminated 
by death or divorce)'' after ``surviving spouse''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Subject to subsection (b), the amendments made by 
sections 2 and 3 shall take effect on December 1, 1994.
    (b) Contingency.--The amendments made by sections 2 and 3 shall not 
take effect if there has not been enacted as of December 1, 1994, a law 
providing a cost-of-living adjustment in the rates of compensation 
payable under chapter 11 or dependency and indemnity compensation 
payable under chapter 13 of title 38, United States Code, for fiscal 
year 1995.

SEC. 6. POLICY REGARDING COST-OF-LIVING ADJUSTMENT IN COMPENSATION 
              RATES FOR FISCAL YEAR 1995.

    (a) Rounding Down.--The fiscal year 1995 cost-of-living adjustments 
in the rates of and limitations for compensation payable under chapter 
11 of title 38, United States Code, and of dependency and indemnity 
compensation payable under chapter 13 of such title will be no more 
than a percentage equal to the percentage by which benefit amounts 
payable under title II of the Social Security Act (42 U.S.C. 401 et 
seq.) are increased effective December 1, 1994, as a result of a 
determination under section 215(i) of such Act (42 U.S.C. 415(i)), with 
all increased monthly rates and limitations (other than increased rates 
or limitations equal to a whole dollar amount) rounded down to the next 
lower dollar.
    (b) Limitation on Fiscal Year 1995 Cost-of-Living Adjustment for 
Certain DIC Recipients.--(1) During fiscal year 1995, the amount of any 
increase in any of the rates of dependency and indemnity compensation 
in effect under section 1311(a)(3) of title 38, United States Code, 
will not exceed 50 percent of the new law increase, rounded down (if 
not an even dollar amount) to the next lower dollar.
    (2) For purposes of paragraph (1), the new law increase is the 
amount by which the rate of dependency and indemnity compensation 
provided for recipients under section 1311(a)(1) of such title is 
increased for fiscal year 1995.

            Passed the House of Representatives November 16, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.