S-410-119
Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.
Sponsored by Jerry Moran (R-KS)
What it does
This bill would make three changes to federal law governing benefits for surviving spouses of military members. First, it would allow surviving spouses to continue receiving Veterans Dependency and Indemnity Compensation (DIC) even if they remarry, removing the current rule that bars remarried spouses from this benefit. Second, it would prevent the Department of Defense from terminating Survivor Benefit Plan (SBP) annuity payments to surviving spouses of service members who died on active duty solely because they remarry. Third, it would extend TRICARE health coverage eligibility to remarried widows and widowers whose subsequent marriage has ended due to death, divorce, or annulment.
Who benefits
Surviving spouses of deceased military veterans and active-duty service members who have remarried or plan to remarry — estimated in the hundreds of thousands. Surviving spouses who previously lost SBP annuity payments due to remarriage before age 55 would have payments restored. Children of deceased service members who had annuity payments transferred to them under prior law may also be affected. Surviving spouses whose second marriages ended would regain TRICARE health coverage. Remarried surviving spouses in lower-income brackets who depend on DIC and SBP payments for financial stability would see the most direct benefit.
Who is hurt
The federal government would bear increased costs through higher DIC, SBP, and TRICARE outlays. Taxpayers broadly would indirectly bear these costs. TRICARE's risk pool could shift as more enrollees are added, potentially affecting program costs. Surviving spouses who chose not to remarry partly to preserve benefits — and who cannot undo that decision — would not benefit retroactively from the change in the same way as those who did remarry.
Supporters argue
Supporters argue that the current remarriage penalty forces surviving spouses — predominantly women — to choose between financial security and personal happiness, an unfair condition not imposed on other federal benefit recipients. They contend that DIC and SBP benefits were earned by the deceased service member's service and sacrifice, and that a surviving spouse's personal life choices should not extinguish those earned benefits. The bill's broad bipartisan sponsorship across ideological lines reflects wide agreement that penalizing remarriage is inconsistent with honoring military families.
Opponents argue
Opponents argue that DIC and SBP benefits were originally structured as income-replacement programs for spouses without another household income source, and that extending them to remarried spouses with a new partner's income represents a significant and costly expansion beyond the programs' original purpose. They contend that the added federal expenditure — covering restored annuities, ongoing DIC payments, and expanded TRICARE enrollment — should be offset by identified savings or new revenue, and that without a pay-for mechanism, the bill adds to the federal deficit at a time of fiscal pressure.
Constitutional context
No significant constitutional issues are raised by this bill. Congress has broad authority under Article I, Section 8 to establish rules and benefits for the armed forces and veterans, and modifications to existing benefit programs fall squarely within that authority. The Appropriations Clause (Art. I, §9, cl. 7) is relevant insofar as any increased spending must be authorized and appropriated by Congress, which this bill would accomplish through statutory amendment.
Checks and balances
Congress expands benefit eligibility through statutory amendment; the Departments of Veterans Affairs and Defense implement the changes administratively; Congress retains oversight through the appropriations process and the Senate and House Veterans' Affairs Committees.
Historical precedent
Congress previously allowed surviving spouses who remarried after age 57 to retain SBP benefits under the National Defense Authorization Act for FY 2004, and later lowered that threshold to age 55 — this bill would eliminate the age threshold entirely for active-duty death survivors and remove the DIC remarriage bar altogether.