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