[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2220 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2220

  To amend title 38, United States Code, to reinstate eligibility for 
dependency and indemnity compensation for certain surviving spouses of 
                               veterans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1997

Mr. Smith of New Jersey (for himself and Mr. Hutchinson) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to reinstate eligibility for 
dependency and indemnity compensation for certain surviving spouses of 
                               veterans.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dependency and Indemnity 
Compensation Restoration Act of 1997''.

SEC. 2. PROVISION OF ELIGIBILITY OF CERTAIN SURVIVING SPOUSES FOR 
              REINSTATEMENT OF DEPENDENCY AND INDEMNITY COMPENSATION 
              UPON TERMINATION OF SUBSEQUENT MARRIAGE.

    (a) In General.--Section 1311 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e)(1) A remarriage before November 1, 1990, of the surviving 
spouse of a veteran shall not bar the furnishing of dependency and 
indemnity compensation to such person as the surviving spouse of the 
veteran if the remarriage is terminated by death or divorce, unless the 
Secretary determines that the divorce was secured through fraud by the 
surviving spouse or collusion.
    ``(2) In the case of a surviving spouse of a veteran who, before 
November 1, 1990, was living with another person and holding himself or 
herself out openly to the public as that person's spouse and who 
subsequently ceases living with that person and holding himself or 
herself out openly to the public as that person's spouse, the bar to 
granting that person dependency and indemnity compensation as the 
surviving spouse of the veteran shall not apply.
    ``(3) The first month of eligibility for payment of dependency and 
indemnity compensation to a surviving spouse by reason of this 
subsection shall be the month after--
            ``(A) the month of the termination of such remarriage, in 
        the case of a surviving spouse described in paragraph (1); or
            ``(B) the month of the cessation described in paragraph 
        (2), in the case of a surviving spouse described in that 
        paragraph.
    ``(4) The rate of dependency and indemnity compensation payable to 
a surviving spouse who is eligible for such compensation by reason of 
this subsection shall be 50 percent of the rate payable to a surviving 
spouse under paragraphs (1) and (2) of subsection (a).''.
    (b) Notice to Eligible Surviving Spouses.--The Secretary shall 
notify each surviving spouse eligible for dependency and indemnity 
compensation, and each surviving spouse whose eligibility for such 
compensation was terminated by section 8004(a)(1) of the Omnibus Budget 
Reconciliation Act of 1990 (Public Law 101-508), of the provisions of 
section 1311(e) of title 38, United States Code, as added by subsection 
(a).
    (c) Effective Date.--No payment may be made by reason of section 
1311(e) for any month before October 1, 1997.
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