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106TH CONGRESS

1ST SESSION H. R. 708

To amend title 38, United States Code, to provide for reinstatement of

certain benefits administered by the Secretary of Veterans Affairs for

remarried surviving spouses of veterans upon termination of their remarriage.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 11, 1999

Mr. EVANS (for himself, Mr. SHOWS, Mr. FILNER, Ms. BROWN of Florida,

Ms. CARSON, Mr. RODRIGUEZ, Mr. THOMPSON of California, Mr. KENNEDY of Rhode Island, Mr. FROST, Mr. MCGOVERN, Mr. OLVER, Mr.

GREEN of Texas, Ms. DEGETTE, and Mr. UNDERWOOD) introduced the

following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide for reinstatement of certain benefits administered by the Secretary of Veterans Affairs for remarried surviving

spouses of veterans upon termination of their remarriage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. REINSTATEMENT OF CERTAIN BENEFITS FOR

2 REMARRIED SURVIVING SPOUSES OF VETER3 ANS UPON TERMINATION OF THEIR REMAR4 RIAGE.

5 (a) RESTORATION OF PRIOR ELIGIBILITY.—Section

6 103(d) of title 38, United States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) The remarriage of the surviving spouse of a vet10 eran shall not bar the furnishing of benefits specified in

11 paragraph (5) to such person as the surviving spouse of

12 the veteran if the remarriage has been terminated by

13 death or divorce unless the Secretary determines that the

14 divorce was secured through fraud or collusion.

15 ‘‘(3) If the surviving spouse of a veteran ceases living

16 with another person and holding himself or herself out

17 openly to the public as that person’s spouse, the bar to

18 granting that person benefits as the surviving spouse of

19 the veteran shall not apply in the case of the benefits spec20 ified in paragraph (5).

21 ‘‘(4) The first month of eligibility for benefits for a

22 surviving spouse by reason of this subsection shall be the

23 month after—

24 ‘‘(A) the month of the termination of such re25 marriage, in the case of a surviving spouse described

26 in paragraph (2); or
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1 ‘‘(B) the month of the cessation described in

2 paragraph (3), in the case of a surviving spouse de3 scribed in that paragraph.

4 ‘‘(5) Paragraphs (2) and (3) apply with respect to

5 benefits under the following provisions of this title:

6 ‘‘(A) Section 1311, relating to dependency and

7 indemnity compensation.

8 ‘‘(B) Section 1713, relating to medical care for

9 survivors and dependents of certain veterans.

10 ‘‘(C) Chapter 35, relating to educational assist11 ance.

12 ‘‘(D) Chapter 37, relating to housing loans.’’.

13 (b) CONFORMING AMENDMENT.—Section 1311 of

14 such title is amended by striking subsection (e).

15 (c) EFFECTIVE DATE.—The amendments made by

16 subsections (a) and (b) shall take effect on the first day

17 of the first month beginning after the month in which this

18 Act is enacted or October 1, 1999, whichever is later.

19 (d) LIMITATION.—No payment may be made to a

20 person by reason of paragraphs (2) and (3) of section

21 103(d) of title 38, United States Code, as added by sub22 section (a), for any period before the effective date speci23 fied in subsection (c).

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