1. Short title
This Act may be cited as the “Medal of Honor Surviving Spouses Recognition Act of 2019”.
Medal of Honor Surviving Spouses Recognition Act of 2019
A BILL
To amend title 38, United States Code, to provide payment of Medal of Honor special pension under such title to the surviving spouse of a deceased Medal of Honor recipient, and for other purposes.
2. Medal of Honor special pension for surviving spouses
Codification of current rate of special pension— Subsection (a) of section 1562 of title 38, United States Code, is amended by striking “$1,000” and inserting “$1,366.81”.
Special pension for surviving spouses—
Surviving spouse benefit— Such subsection is further amended—
by inserting “(1)” after “(a)”; and
by adding at the end the following new paragraph:
“(2)
“(A) Except as provided in subparagraph (B), the Secretary shall pay special pension under this section to the surviving spouse of a person who was awarded a Medal of Honor as described in section 1560(b) of this title.
“(B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—
“(i) for one year or more prior to the veteran's death; or
“(ii) for any period of time if a child was born of the marriage, or was born to them before the marriage.”
Conforming amendments—
In general— Such section is amended—
in subsection (d), by inserting “or married to more than one person who has been awarded the Medal of Honor,” after “Honor,”; and
in subsection (f)(1), by striking “this section” and inserting “paragraph (1) of subsection (a), or under paragraph (2) of such subsection in the case of a posthumous entry on the Army, Navy, Air Force, and Coast Guard medal of Honor Roll,”.
Special provisions relating to marriages— Section 103(d)(5) of such title is amended by adding at the end the following new subparagraph:
“(E) Section 1562(a)(2), relating to Medal of Honor special pension.”
Effective date— The amendments made by this subsection shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act.