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Document Intent: The purpose of this document is to track legislation affecting CMAOC and Survivors.
Updates: Please send any updates to Amanda Crowdus, Policy Analyst, Booz Allen Hamilton, amanda.crowdus@us.army.mil.
8/2/11
Bill
Title
Legislative Text Prohibits eligible dependents for educational assistance as children of members who die in line of duty after 9/10/11, & also eligible as ed. asst. transferees under one or more other VA programs from receiving concurrent payments. Includes within such other programs VA compensation, DIC, or pension based on the death of the childs parent. Bars also concurrent receipt of transferred benefits based on: (1) the service of 2 different parents; and (2) a single event (such as accumulated activeduty services of a parent-veteran).
Impact
CoStatus Sponsors Eligible surviving 35 12/13/10: Passed children of Senate deceased Service 12/16/2010: Passed members will House have to choose 12/28/2010: the Fry Presented to scholarship or President for Post 9/11 GI Bill signature for educational 01/04/2010: Signed benefits and will into Public Law not be allowed concurrent payment of such educational benefits and pension (i.e.VA death pension, DEA benefits, DIC).
Comments Effective Aug. 31, 2011. I have asked OCLL which pension will be not be allowed as concurrent payment, OCLL deferred to G1, G1 deferred to VA as the payor. I am currently waiting for VAs response.
8/2/11
Bill HR 44
Legislative Text Payments for death, personal injury, forced labor, forced march and internment to eligible Guam residents and Survivors of residents who died in war.
Impact Eligible WW II Guam residents and their Survivors would need to be identified, contacted and paid various amounts of compensation based on injury or death.
CoStatus Comments Sponsors 40 1/5/2011: Introduced- Referred to the Committee on Natural Resources 1/26/2011: Referred to the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
HR 46
To amend the Immigration and Nationality Act to provide for nonimmigrant status for an alien who is the parent or legal guardian of a U.S. citizen child if the child was born abroad and is the child of a deceased member of the Armed Forces of the United States.
Allows for U.S. 0 non-immigrant status for an alien parent or legal guardian of a child of a deceased Service member.
1/5/2011: Introduced- Referred to the House Committee of the Judiciary 1/24/2011: Referred to the Subcommittee on Immigration Policy and Enforcement
8/2/11
Bill HR 115
Legislative Text To increase the maximum age for children eligible for medical care under CHAMPVA program from 23 to 26.
Impact
HR 120
To amend title 38, USC, to provide for eligibility for DVA guaranteed housing loans for surviving spouses of deceased (not serviceconnected) veterans that was rated totally disabled for 10 yrs preceding a, or was rated totally disabled no less than 5 yrs from release from AD, or was a former POW who died after 9/30/99. with a totally disabled rating.
CoStatus Sponsors Expands eligibility 3 1/5/2011: of surviving Introduced- Referred children enrolled to the Committee on in full-time ed. Veterans Affairs and incurs an 2/18/2011: Referred injury or illness to the Subcommittee between terms to on Health keep CHAMPVA benefits under certain circumstances from ages 23 to 26. Expands eligibility 5 1/5/2011: Introduced for VA home loan Referred to the guaranty to Committee on surviving spouses Veterans Affairs of veterans rated 2/18/2011: Referred totally disabled at to the Subcommittee the time of death on Economic although Opportunity veterans death is not serviceconnected.
Comments
8/2/11
Bill HR 178
Legislative Text To amend Title 10 USC to repeal the requirement for reduction of Survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indemnity compensation.
Impact Allows for Survivors to receive full SBP payments and DIC payments concurrently.
CoStatus Sponsors 146 1/5/2011:IntroducedReferred to House Committee on Armed Services 2/4/2011: Referred to Subcommittee on Military Personnel
Comments A major Survivor initiative; no appropriations accompany it. Special Survivor Indemnity Allowance (SSIA) is in place to address this issue until 2017. Same as S 260 or HR 1979.
S 260
none
To amend Title 10 USC to repeal the requirement for reduction of survivor annuities under the SBP by veterans dependency and indemnity compensation.
Allows for Survivors to receive full SBP payments and DIC payments concurrently.
44
8/2/11
Bill HR 309
Legislative Text To provide monetary compensation for certain World War II veterans who survived the Bataan Death March and were held as prisoners of war by the Japanese. Covered individuals include veterans or their nearest surviving relative.
Impact Eligible Armed Forces Service Members or their surviving NOK would need to be identified and compensated $4 for each day of captivity compounded at a 3% annual interest rate.
CoStatus Sponsors 0 1/18/2011: IntroducedReferred to House Committee on Armed Services 2/4/2011: Referred to House Subcommittee on Military Personnel
Comments This bill has been introduced for over a decade and never passed the House. There is no cost estimate available.
HR 493
Military Retiree To forgive certain Survivor Comfort overpayments of Act military retired pay and provide a special effective date for 1st SBP payment for Survivor when an overpayment is forgiven.
Survivors 1st SBP payment date would be affected if the military Service member was overpaid on AD or retirement status and such overpayment was forgiven.
1/26/2011: IntroducedReferred to Committee on Armed Services 2/4/2011: Referred to Subcommittee on Military Personnel
8/2/11
Bill HR 540
Legislative Text To direct the Secretary of Defense to issue a medal to honor veterans of the Armed Forces who served in the Vietnam War and died after serving in the war and whose death is determined by Sec. of Defense to be a direct result of that service and whose name is not eligible for placement on the Vietnam Veterans Memorial. Designates Taps as the National Song of Remembrance. At a military funeral or memorial service, or wreath laying, Taps should be sounded by a live solo bugler or trumpeter when such arrangements are possible.
Impact No immediate operational impact for CMAOC since the VA would be tasked to assist per legislative text, but would provide another option of recognizing Soldiers that are ineligible for the Vietnam Veterans Memorial.
CoStatus Comments Sponsors 2 2/8/2011: IntroducedReferred to the Committee on Armed Services 3/3/2011: Referred to the Subcommittee on Military Personnel
HR 595
To amend title 36 USC to designate the musical piece commonly known as Taps as the National Song of Remembrance, and for other purposes
No operational impact. Taps would officially become the National Song of Remembrance.
13
2/9/2011: Introduced- Referred to the Committee on the Judiciary and the Committee on Veterans Affairs 2/28/2011: Referred to the Subcommittee on the Constitution 3/15/11: Referred to Subcommittee on Disability Assistance and Memorial Affairs
8/2/11
Bill HR 923
Legislative Text To amend title 38 USC to exempt reimbursements of expenses related to accident, theft, loss, or casualty loss from determinations of annual income with respect to pensions for surviving spouses and children of veterans, and for other purposes.
Impact Would allow Survivors to not claim reimbursements related to casualty as part of annual income when determining income for death pension.
CoStatus Comments Sponsors 57 3/3/2011: Identical to Introduced- Referred S 780. to House Committee on Veterans Affairs 4/1/2011: Referred to the Subcommittee on Disability Assistance and Memorial Affairs 7/22/2011: Subcommittee hearings held, forwarded to full committee 1 4/8/2011: Identical to Introduced- Referred HR 923. to the Committee on Veterans Affairs 6/8/2011: Committee hearings held
S 780
To amend title 38 USC to exempt reimbursements of expenses related to accident, theft, loss, or casualty loss from determinations of annual income with respect to pensions for surviving spouses and children of veterans, and for other purposes.
Would allow Survivors to not claim reimbursements related to casualty as part of annual income when determining income for death pension.
8/2/11
Bill HR 961
Legislative Text To amend title18 USC, with respect to the prohibition on disrupting military funerals, by striking 60 minutes before and after funeral and inserting 5 hours before, during and ending 5 hours after.
Impact
CoStatus Comments Sponsors No effect on 9 3/8/2011: CMAOC or SOS Introduced- Referred operations; to the Committee on however, if the Judiciary passes, may 3/21/2011: Referred reduce the Family to the Subcommittee members burden on Crime, Terrorism, of protests at and Homeland funerals. Security.
S 390
Prohibits a condominium association, cooperative association, or residential real estate management association from adopting/enforcing any policy that would restrict or prevent an association member from displaying a Service Flag on residential property.
No effect on CMAOC, allows Survivors or Blue Star Families to display a Service Flag at their residence.
8/2/11
Bill S 514
Legislative Text A bill to amend ch. 21, Title 5 USC, to provide that fathers of permanently disabled or deceased veterans shall be included with the mothers of such veterans as preference eligible for treatment in the civil service.
Impact
CoStatus Comments Sponsors Surviving fathers 5 3/8/2011: would receive the Introducedsame preference Referred to the eligible status as Committee on surviving spouses Homeland Security and mothers and Government when applying for Affairs civil service 5/9/2011: Referred employment. to the Subcommittee on Oversight of Government Management
HR 1003
none
To amend title10 authorize spaceavailable travel on military aircraft for reserve members, former members of a reserve component, and unremarried surviving spouses and dependents of such members and former members.
Would allow 1 reserve component, unremarried surviving spouses space-a travel and dependents accompanying a surviving spouse space-a travel.
3/10/2011: Similar to S Introduced- Referred 542. to the Committee on Armed Services 3/18/2011: Referred to the Subcommittee on Military Personnel
8/2/11
Bill S 542
Title National Guard, Reserve, Gray Area Retiree, and Surviving Spouses Spaceavailable Travel Equity Act of 2011
Legislative Text To amend title 10 USC to authorize space-available travel on military aircraft for members of the reserve components and surviving dependents
Impact Would allow reserve component, unremarried surviving spouses space-a travel and dependents accompanying a surviving spouse space-a travel.
CoStatus Comments Sponsors 8 3/10/2011: Similar to HR Introduced- Referred 1003. to the Committee on Armed Services
HR 1046
To amend title 10 USC to authorize a member of the Armed Forces to designate anyone as the person authorized to direct disposition of the remains of the member if the member dies while on active duty.
Would allow 26 Soldiers to designate anyone as the PADD on the DD Form 93 regardless of the relationship of the designee to the decedent; DD Form 93 instructions would need to be changed.
3/11/2011: IntroducedReferred to the Committee on Armed Services 3/18/2011: Referred to the Subcommittee on Military Personnel
8/2/11
Bill HR 1142
Legislative Text To amend title 10 USC to ensure the equitable treatment of members of the Armed Forces and civilian employees of the DoD who are killed or wounded in an attack, occurring outside of a combat zone, that targeted the members or employees on account of their status as members of the Armed Forces or civilian employees of the DoD. Retroactive application to include Fort Hood, Little Rock, and Frankfurt airport in Germany attacks.
Impact Soldiers or civilians killed or wounded outside of a combat zone as part of a targeted attack would be considered a combat zone casualty for the purposes of all applicable Federal laws, regulations and policies.
CoStatus Comments Sponsors 11 3/16/2011: Similar to HR Introduced- Referred 1019. to the Committee on Armed Services 4/6/2011: Referred to the Subcommittee on Military Personnel
8/2/11
Bill HR 1019
Title None
Legislative Text For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in an attack shall be deemed to have been killed or wounded in a combat zone or contingency operation (for civilians) as the result of an act of an enemy of the United States.
Impact Soldiers or civilians killed or wounded outside of a combat zone as part of a targeted attack would be considered a combat zone casualty for the purposes of all applicable Federal laws, regulations and policies.
CoStatus Comments Sponsors 1 03/10/2011: Similar to HR Introduced- Referred 1142 to the Committee on Armed Services 3/18/2011: Referred to the Subcommittee on Military Personnel
8/2/11
Bill S 536
Legislative Text To amend title 38 USC to provide that utilization of the survivors and dependents educational assistance shall not be subject to the 48month limitation on the aggregate amount of assistance utilizable under multiple veterans and related educational assistance programs. To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures if the spouse is the successor in interest to property is covered under the Servicemembers Civil Relief Act.
Impact Would allow Survivors and dependent children to exceed the 48 month limit of educational assistance when using two or more educational assistance programs (i.e. GI Bill and DEA)
CoStatus Sponsors 1 3/9/2011: IntroducedReferred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held
Comments
HR 1263
None
Provides for expansion of protection against mortgage and mortgage foreclosures for surviving spouses.
3/30/2011: Introduced- Referred to the Committee on Veterans Affairs 4/15/2011: Referred to Subcommittee on Economic Opportunity 7/21/2011: Subcommittee hearings held, forwarded to full committee
8/2/11
Bill HR 1407
Legislative Text To increase DIC to surviving spouses and children by the same percentage as benefit amounts payable under the Social Security Act are increased, effective Dec. 1, 2010.
Impact
CoStatus Sponsors Would increase 8 4/6/2011: Survivor DIC Introducedpayments each Referred to the time social Committee on security Veterans Affairs payments are 5/23/2011: Passed raised, and by the House. 5/24/2011: same amount. Received in Senate Referred to Committee on Veterans Affairs Would increase 14 Survivor DIC payments each time Social Security payments are raised, and by the same amount. 5/5/2011: IntroducedReferred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held 6/29/2011: Committee hearings held, ordered to be reported without amendment favorably
S 894
To increase Dependency and Indemnity Compensation to Surviving Spouses and Children by the same percentage as benefit amounts payable under the Social Security Act are increased, effective Dec. 1, 2010.
Similar to HR 1407
8/2/11
Bill HR 1441
Title none
Legislative Text
CoStatus Sponsors To amend title 38 No operational 3 4/8/2011: USC sec. 2410A by impact for Introduced- Referred inserting that not CMAOC or to Committee on more than 1 SOS; good Veterans Affairs gravesite may be information to be and the Committee provided @ Arlington aware for on Armed Services National Cemetery veteran, Service 4/29/2011: Referred (ANC) and may not member, and to the Subcommittee be reserved before Survivor inquiries. on Disability the death of an Assistance and individual, and not Memorial Affairs more than 1 5/3/2011: gravesite may be Subcommittee provided at ANC to a hearings held veteran or member of 5/18/2011: Referred Armed Forces who is to the Subcommittee eligible for interment on Military and the family Personnel members of such veteran or member who are also eligible for interment at such cemetery. Exception granted for whom a written request for a reserved gravesite was submitted to the Secretary of the Army before 1/1/1962.
Impact
8/2/11
Bill S 698
Title None
Legislative Text Prohibits more than one gravesite from being provided at Arlington National Cemetery to a veteran or member of the Armed Forces and family members eligible for burial there, and a gravesite from being reserved before an individuals death with an exception for requests submitted before 1/1/1962.
Impact No operational impact for CMAOC or SOS; good information to be aware for veteran, Service member, and Survivor inquiries.
CoStatus Sponsors 0 3/31/2011: Introduced- Referred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held
8/2/11
Bill HR 1627
Legislative Text Prohibits more than one gravesite from being provided at Arlington to a veteran or member of the Armed Forces who is eligible for burial there and the family members of such veteran or member who are also eligible for burial there, and a gravesite from being reserved at Arlington before an individuals death. Amounts are hereby appropriated during a funding gap to allow Secretaries of the military departments (and Homeland Security for the Coast Guard) to pay death gratuities on a timely bases pursuant to subchapter II of chapter 75 of title 10, USC, during the
Impact
CoStatus Comments Sponsors No operational 3 4/15/2011: Similar to S impact for Introduced- Referred 698, HR 1441 CMAOC or to the Committee on SOS; good Veterans Affairs information to be 5/23/2011: aware for Passed/Agreed to in veteran, Service House member, and 5/24/2011: Referred Survivor inquiries. to Senate, received in Senate and referred to Committee on Veterans Affairs
HR 1469
Allows for timely payment of Death Gratuity to Survivors during a funding gap in FY 2011
93
Similar to HR 1494
8/2/11
Bill
Title
Impact
CoStatus Sponsors
Comments
HR 1494
None
Appropriates amounts during a funding gap impacting the Armed Forces to allow for timely payment of pay and allowances and death gratuities regarding death benefits for deceased military personnel.
Allows for timely payment of pay and allowances and Death Gratuity to Survivors during a funding gap in FY 2011
Similar to HR 1469
8/2/11
Bill HR 1540
Legislative Text Increases and extends payment benefit of Special Survivor Indemnity Allowance (SSIA) for Widows; establishes April 9th as Yellow Ribbon Day to coincide with the day SSG Maupin became the 1st POW of OIF; authorizes Government Employees to designate more than 50% of DG to unrelated persons & notice to the spouse when a person other than the spouse is a designee. Taps should be sounded by a live bugler or trumpeter when such arrangements are possible at a military funeral, memorial service, or wreath laying.
Impact SSIA payments are extended from 2017 to 2021, and are adjusted to the following monthly amounts per FY: 2013-$163 2014-$200 2015-$215 2016-$282 2017-$314 2018-$9 2019-$15 2020-$20 2021-$27 Allows Govt employees to designate all or a portion of the amount of DG to an unrelated person, but employing agency would have to notify spouse (current practice for Service members).
CoStatus Comments Sponsors 1 4/14/4011: Introduced- Referred to the Committee on Armed Services 5/23/2011: Supplemental report filed by the Committee on Armed Services 5/26/2011: Passed/Agreed to in House 6/6/2011: Referred to Senate Committee on Armed Services
8/2/11
Bill HR 1591
Legislative Text
CoStatus Sponsors To amend title18 No effect on 19 04/15/2011: USC, with respect to CMAOC or SOS Introduced- Referred the prohibition on operations; to the Committees disrupting military however, if on Judiciary, funerals, by striking passes, may Veterans Affairs and 60 minutes before reduce the Family Armed Forces and after funeral and members burden 04/29/2011: inserting 120 minutes of protests at Referred to the before, and ending funerals. Subcommittee on 120 minutes after. Disability Assistance and Memorial Affairs 05/18/2011: Referred to the Subcommittee on Military Personnel
Impact
S 815
To amend title18 USC, with respect to the prohibition on disrupting military funerals, by striking 60 minutes before and after funeral and inserting 120 minutes before and ending 120 minutes after.
No effect on 34 CMAOC or SOS operations; however, if passes, may reduce the Family members burden of protests at funerals.
8/2/11
Bill S 874
Title none
Legislative Text To amend title 38 USC, to allow for surviving spouses to receive compensation or pension under ch.11 or 15 for the month of death of the veteran if the veteran was receiving compensation or pension or had a claim pending for the month that would have been payable under ch.11 or 15 if the veteran had not died.
Impact Additional monthly DFAS or VA financial benefit for Survivors of veterans that have a compensation or pension claim pending at time of death.
CoStatus Comments Sponsors 0 05/3/2011: Introduced- Referred to Committee on Veterans Affairs 6/8/2011: Committee hearings held
8/2/11
Bill HR 1979
Title None
Legislative Text To amend title 10 USC to eliminate the reduction of SBP Survivor annuities by Dependency and Indemnity compensation.
Impact Allows for Survivors to receive full SBP payments and DIC payments concurrently.
CoStatus Sponsors 0 5/25/2011: Introduced Referred to the Committee on Armed Services and the Committee on Veterans Affairs 6/3/2011: Referred to the Subcommittee on Disability Assistance and Memorial Affairs 6/24/2011: Referred to the Subcommittee on Military Personnel
8/2/11
Bill HR 2550
Legislative Text To amend title 38 USC for the transfer of entitlement for ed. assistance under Post 9/11 GI Bill by deceased members of the Armed Forces to their surviving spouses unless the Service member has designated another eligible dependent. Maximum amount of entitlement equals what the Service member was entitled upon death, & requires surviving spouses to make an irrevocable election to receive Post 9/11 GI Bill or chapter 35 benefits as they may not receive both benefits. Effective 8/1/09. Requires retroactive payments to eligible individuals NLT 8/1/11.
Impact
CoStatus Comments Sponsors Would force 1 7/15/2011: surviving spouses Introduced to choose Referred to the between using Committee on the GI Bill and Veterans Affairs Dependent 7/29/2011: Referred Educational to the Subcommittee Assistance for on Economic educational Opportunity benefits. Requires the Secretary to provide retroactive payment by 8/1/2011 to qualifying surviving spouses who were enrolled in an approved program from 8/1/2009 to 7/31/2011.
8/2/11
Bill
Title
Legislative Text
Impact
CoStatus Sponsors
Comments
8/2/11