Wicker, Manchin Introduce Resolution to Establish Gold Star Children’s Day

Measure Would Recognize Children Who Have Lost Parents in Line of Duty

WASHINGTON – U.S. Senators Roger Wicker, R-Miss., and Joe Manchin, D-W.Va., today introduced a resolution that would designate August 1, 2021, as Gold Star Children’s Day to recognize the sacrifices of the children of fallen servicemembers. To date, there has been no nationally-recognized day to honor Gold Star Children.  

“Designating August 1 as Gold Star Children’s Day would help recognize the unique sacrifices borne by the children of our nation’s fallen heroes,” Wicker said. “I encourage all Americans to come together in support of these sons and daughters who carry on the legacy of their parents who paid the ultimate price for our country.”

“No child should ever have to grow up without a parent, and I can only imagine the pain that comes from losing a parent in the line of duty. While we will never be able to repay the sacrifices made by our brave patriots and their families, it is our responsibility to honor their children for their sacrifices. I am proud to lead the Senate in distinguishing August 1, 2021 as Gold Star Children’s Day to recognize the sacrifices made for our country by Gold Star Children,” Manchin said.

The proposal has been endorsed by several veterans organizations, including Sons and Daughters in Touch, the Woody Williams Foundation, and the Tragedy Assistance Program for Survivors (TAPS).

 

House 3402 Letter of Support.docx

Please use this letter as your starting point.  Add the name of your Representative and add a little bit of YOUR story!

Senate S976 Letter of Support_Versionv2.docx

Please use this letter as your start, add the name of your Senator and add a little about YOUR story.  

117TH CONGRESS

1ST SESSION S. 976

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 SENATE OF THE UNITED STATES

MARCH 25, 2021

Mr. TESTER (for himself and Mr. BOOZMAN) introduced the following bill;

which was read twice and 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 compensation paid to certain survivors of certain veterans, and for other purposes.

1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Caring for Survivors Act of 2021’’.

SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.

4 (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

7 of monthly compensation in effect under section 1114(j) of this title’’.

9 (b) EFFECTIVE DATE.—

10 (1) IN GENERAL.—Except as provided by paragraph (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.

16 (2) SPECIAL RULE FOR CERTAIN INDIVIDUALS.—

18 (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 described 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 following:

• S 976 IS

1 (i) The amount determined under subsection (a)(3) of such section 1311, as in

effect on the day before the date of the enactment of this Act.

5 (ii) The amount determined under subsection (a)(1) of such section 1311, as

7 amended by subsection (a).

8 (B) INDIVIDUALS DESCRIBED.—An individual described in this subparagraph is an individual 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.

15 SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVORS OF CERTAIN VETERANS RATED TOTALLY DISABLED AT TIME OF DEATH.

19 Section 1318 of title 38, United States Code, is amended—

21 (1) in subsection (a)— (A) by striking ‘‘The Secretary’’ and inserting ‘‘(1) Except as provided in paragraph (2), the Secretary’’; and

• 1 (B) by adding at the end the following new paragraph:

3 ‘‘(2) In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason

5 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’’.

As we begin 2021 and the beginning of the 117^th Congress, I wanted to send a note to discuss some of the legislative accomplishments for the Gold Star Wives of America during the last year of the 116^th Congress. The Government Relations Committee (GRC) has been busy promoting our legislative priorities, making phone calls and writing letters to Members of Congress; while informing the members of GSW of the progress on our priorities.

Following up on success after years of pushing for the elimination of the SBP-DIC offset, we have had other significant wins this year. I’d like to highlight a few of these accomplishments:

Remarriage Penalty: One of our top legislative priorities has been to change the DIC remarriage age from 57 to 55, which makes it the same as other federal survivor programs.  This huge accomplishment has happened, thanks in large part to Senator Tester, and his staff.  I’m proud of the work that GSW has done over the years to help make this a reality..

Cheryl Lankford Memorial Act: As many of you are aware, Cheryl Lankford, an active member of our organization for many years, lost her battle with cancer. The Cheryl Lankford Memorial Act ensures that Casualty Assistance Officers are assigned to dependent children of surviving spouses who have passed.

Agent Orange Exposure: Through our work with the TEAM Coalition (a group of veterans and military service organizations), three new diseases from Agent Orange exposure were added to the VA list of presumptive conditions including hypothyroidism, bladder cancer, and Parkinson disease.

There were more successes, such as the expanded eligibility for the Fry Scholarship; creating protections against predatory groups for those using their GI Bill benefits; and addressing the issues for surviving spouses of Veterans with underlying service-connected health issues, who died of COVID-19.

As we continue to work and introduce our legislative priorities for the 117^th Congress, I want to assure you that increasing the DIC for all recipients is our number one priority. As legislation is introduced, we will be sure to make you all aware of the bill numbers so that you can help us by reaching out to your Members of Congress. As always, thanks for your support and commitment to our legislative priorities.

Let’s make 2021 another successful year!

Lars Anderson

Washington DC Advocate for

Gold Star Wives of America, Inc.

CURRENT SURVIVOR LEGISLATION 2019-2020

A bill to require the Secretary of Veterans Affairs to secure medical opinions for veterans

with service-connected disabilities who die from COVID-19 to determine whether their

service-connected disabilities were the principal or contributory cases of death, and for

other purposes ( S.4166) – SVAC

● Introduced in the Senate 07/02/2020, Sponsor: Sen. Kyrsten Sinema (D-AZ),

Co-Sponsor: Sen. Thom Tillis (R-NC)

● Requires VA Secretary to secure medical opinions for veterans with service-connected

disabilities who die from COVID-19 to determine whether their service-connected

disabilities were the principal or contributory cases of death.

Dependency and Indemnity Compensation Improvement Act of 2019 ( H.R.3221/S.1047) -

SVAC/HVAC

● Introduced in the Senate 04/04/2019, Sponsor: Sen. Jon Tester (D-MT), Co-sponsors:

Sen. Mazie Hirono (D-HI), Sen. Richard Blumenthal (D-CT), 4 current co-sponsors

● Introduced in the House 06/12/2019, Sponsor: Johanna Hayes (), Co-Sponsors: Rep.

Derek Kilmer (D-WA-6), Rep. Eleanor Holmes Norton (D-DC-At Large), Rep. Lance

Gooden (R-TX-5), Rep. James Himes (D-CT-4), Rep. Susan Wild (D-PA-7), 19 current

co-sponsors

● Creates an allowance for a deceased veteran's or deceased service member's surviving

spouse who is receiving dependency and indemnity compensation (DIC) from the

Department of Veterans Affairs.

● The bill provides a formula for calculating the monthly rate of the allowance based on the

DIC amount the spouse is entitled to receive.

● Raises DIC to 55 percent of the rate of monthly compensation

Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act of 2020

(S.3854) - SVAC

● Introduced in the Senate 06/01/2020, Sponsor: Sen. Elizabeth Warren (D-MA),

Co-Sponsor: Sen. Rob Portman (R-OH)

● Clarifies the termination of leases of premises and motor vehicles of servicemembers

who incur catastrophic injury or illness or die while in military service.

Caring for Survivors Act of 2020 (H.R.6933) - HVAC

● Introduced in the House 05/19/2020, Sponsor: Rep. TJ Cox (D-CA-21), Co-Sponsors

Rep. Gil Cisneros (D-CA-39), Rep. Ted Yoho (R-FL-3), Rep. Jeff Van Drew (R-NJ-2),

Rep. Jahana Hayes (D-CT-5), 14 current co-sponsors

● Increase in the amount of dependents and survivors income security benefit payable to

surviving spouses by the secretary of veterans affairs equal to 55 percent of the rate of

monthly compensation of 100 percent disabled.

● Modification of requirements for dependents and survivors income security benefit

payable by department of veterans affairs for survivors of certain veterans rated totally

disabled at time of death from 10 or more years to 5 or more years.

● Eligibility for dependents and survivors income security benefit payable by department of

veterans affairs for surviving spouses who remarry after age 55.

To amend title 10, United States Code, to extend certain morale, welfare, and recreation

privileges to recipients of the gold star lapel button (H.R.6412) - HASC

● Introduced in the House 03/27/2020, Sponsor: Rep. Debbie Mucarsel-Powell (D-FL-26),

Co-Sponsors: Rep. Andy Kim (D-NJ-3), Rep. John Rutherford (R-FL-4), 10 co-sponsors

● An individual who received a gold star lapel button under section 1126 of this title shall

be permitted to use commissary stores and MWR retail facilities on the same basis as a

member of the armed forces on active duty.

Justice for ALS Veterans Act of 2019 ( H.R.4748/S.3091) - HVAC

● Introduced in the House 10/18/2019, Sponsor: Rep. Gil Cisneros (D-CA-39),

Co-Sponsor: Rep. Brian Fitzpatrick (R-PA-1), 8 current co-sponsors

● Introduced in the Senate 12/18/2019, Sponsor: Sen. Christopher Coons (D-DE),

Co-Sponsor: Sen. Lisa Murkowski (R-AK)

● Increases Dependency and Indemnity Compensation (DIC) to the surviving spouse of a

veteran who dies from amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease)

regardless of how long the veteran had such disease prior to death. Under current law,

such compensation is paid for a service-connected disability that was rated totally

disabling for a continuous period of at least eight years immediately preceding death.

Protecting Gold Star Families Education Act (S.1851) - Referred to Committee on Health,

Education, Labor, and Pensions

● Introduced in the Senate 06/13/2019, Sponsor: Sen. Tim Kaine (D-VA), Co-Sponsors:

Sen. James Lankford (R-OK), Sen. Jon Tester (D-MT), Sen. Tim Scott (R-SC)

● Makes permanent and expands the Iraq and Afghanistan Service Grant that surviving

children are eligible for if they are above the Department of Education Pell Grant limits.

● To qualify for assistance, dependents must be less than 33 years of age.

Pell Grant rules pertaining to the determination of financial need do not apply to the grants

awarded by this bill for veterans' dependents. Honoring All Veterans Act (H.R.3010) - HVAC

● Introduced in House 05/23/2019, Sponsor: Rep. Kathleen Rice (D-NY-4), 42 original

co-sponsors, 58 current co-sponsors

● Adds the following as a mission statement for the Department of Veterans Affairs: "To

fulfill President Lincoln's promise to care for those 'who shall have borne the battle' and

for their families, caregivers, and survivors.”

Veterans Estate Transfer to Survivors Act (H.R.2736) - Referred to Subcommittee on Disability

Assistance and Memorial Affairs - DAMA

● Introduced in the House 05/14/2019, Sponsor: Rep. Lee Zeldin (R-NY-1), no co-sponsors

● Clarifies that the estate of a deceased veteran may receive certain accrued benefits upon

the death of the veteran.

Fry Scholarship Improvement Act of 2019 (H.R.2221/S.1283) - HVAC/SVAC

● Introduced in the House 04/10/2019, Sponsor: Rep. Gus Bilirakis (R-FL-12),

Co-Sponsor: Rep. Mike Levin (D-CA-49), 2 co-sponsors

● Introduced in the Senate 05/02/2019, Sponsor: Sen. James Lankford (R-OK),

Co-Sponsor: Sen. Thomas Carper (D-DE)

● Expands Fry Scholarship eligibility to surviving spouses and children of National Guard

and Reservists who are not activated at the time of death.

CHAMPVA Children's Care Protection Act of 2019 ( H.R.2094/S.1034) - Referred to

Subcommittee on Health/SVAC

● Introduced in the House 04/04/2019, Sponsor: Rep. Julia Brownley (D-CA-26), 11

current co-sponsors

● Introduced in the Senate 04/04/2019, Sponsor: Sen. Sherrod Brown (D-OH), 10 original

co-sponsors, 12 current co-sponsors

● Provides that a child shall be eligible for medical care under the Civilian Health and

Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's

26th birthday, regardless of the child's marital status.

SFC Brian Woods Gold Star and Military Survivors Act (H.R.1911) - HASC/HVAC

● Introduced in the House 03/27/2019, Sponsor: Rep. Michael Waltz (R-FL-6),

Co-Sponsors: Rep. Seth Moulton (D-MA-6), Rep. Don Bacon (R-NE-2), 35 co-sponsors

● Expands benefits for survivors of members of the Armed Forces.

● Provides commissary and exchange privileges to a remarried former spouse.

● Provides continued eligibility for payment of an annuity to a spouse who remarries,

including a surviving spouse who remarried before the age of 55 and before enactment of

this bill.

● Allows payment of necessary expenses for the transportation of a decedent's remains to

two locations (if the second is a national cemetery.

● Allows payment of financial assistance to civilian providers of child care or youth

program services furnished to survivors of members who die in the line of duty while on

active duty, active duty for training, or inactive duty for training.

● Provides continued eligibility of a remarried surviving spouse for payment of veterans'

dependency and indemnity compensation, including a surviving spouse who remarried

before the age of 57 and before enactment of this bill.

To amend title 38, United States Code, to improve dependency and indemnity

compensation for survivors of certain totally disabled veterans (H.R.464) - HVAC

● Introduced in the House 01/10/2019, Sponsor Rep. Walter Jones (passed away)

● Assuming First Sponsorship 09/24/2019 - Rep Troy Balderson (R-OH-12) asked

unanimous consent that he may hereafter be considered as the first sponsor of the bill for

the purpose of adding cosponsors, 6 current co-sponsors

● Improves dependency and indemnity compensation for survivors of certain totally

disabled veterans.

● Requires VA to treat a notification of the death of a veteran rated totally disabled at the

time of death as a claim by the veteran's surviving spouse and children for Dependency

and Indemnity Compensation benefits. The VA may not require that such spouse and

children file a claim for such benefits.

Congressman Andy Kim (NJ-03) led a bipartisan call to Congressional leadership to lower prescription drug costs for TRICARE beneficiaries by eliminating copays on mail order prescription drugs through the next Coronavirus relief package.  Read more about this effort at Insider NJ.

Update from MOAA: Senate Repeals Widows Tax, Sends NDAA to President for Signature 

Excerpt: 

The Senate on Tuesday voted to repeal the “widows tax,” a financial penalty affecting over 65,000 military survivors across the country. The measure passed as part of the fiscal year 2020 National Defense Authorization Act (NDAA).

The House voted to repeal the widows tax Dec. 11. The measure now heads to the White House for President Donald Trump to sign. In a tweet on Dec. 11, Trump indicated he would sign the bill. “Congress – don’t delay this anymore! I will sign this historic defense legislation immediately!”

See the full article here: 

https://www.moaa.org/content/publications-and-media/news-articles/2019-news-articles/advocacy/senate-repeals-widows-tax,-sends-ndaa-to-president-for-signature/

Another MOAA article includes more information on this legislation as well as a picture of integral GSW members Kristy DiDomenico and Edie Smith. Link:

https://www.moaa.org/content/publications-and-media/news-articles/2019-news-articles/advocacy/5-things-you-need-to-know-about-the-widows-tax-repeal-included-in-the-ndaa/

As reported at National Convention, you can use MOAA's Take Action site to ask Congress to support issues of importance to you (such as the DIC Increase). 

Click this link - http://takeaction.moaa.org/?1 - and scroll down to to the topic you support (example "Act now to increase DIC) and click on that topic.  Then fill in your personal information and complete the form so that MOAA can send it to the key officials. 

The below template is also available as a PDF file. 

Date ___________________________

 

The Honorable _______________________­­­­______

 

_________________________________________

 

_________________________________________

  

Dear Senator ______________________________,

My name is ___________________________________________________________________.   

I am a Member of Gold Star Wives of America, Inc. 

As you may know, Gold Star Wives of America, Inc. is a national organization that represents those of us, who have lost a spouse in the service of our country, either in the line of duty or service-connected injury or disability.

I would like to thank you for your service to our nation, as my Senator, and also for hearing my concerns. 

I want to bring your attention, and also seek your support, for Senate Bill 1047, the Dependency and Indemnity Compensation (DIC) Improvement Act of 2019.

This bill is critical to surviving spouses and I would like to tell you why it is important to me. 

The bill creates a fund to ensure that those of us who receive DIC payments would get compensation equal to the compensation paid to federal employee spouses. The fact that military widows are not paid the same as federal government spouses is not fair. As it stands right now, DIC recipients, on average, only receive 43% of a single 100% disabled veteran’s compensation. This bill would create a separate fund that would bring the total compensation to surviving spouses up to 55%, which is on par with other federal survivor programs.

Now is the time to fulfill the promise made to those of us who have sacrificed, along with our loved one’s. Thank you for your time. If you, or your Veterans’ Affairs staffer would like more information, we have an advocate in Washington, D.C. His name is Lars Anderson and he can be reached at lars.goldstarwives@gmail.com 

Thank you.

My Address is:  _____________________________________________________

 

__________________________________________________________________

 

__________________________________________________________________