[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 708 Introduced in House (IH)]







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.

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

SECTION 1. REINSTATEMENT OF CERTAIN BENEFITS FOR REMARRIED SURVIVING 
              SPOUSES OF VETERANS UPON TERMINATION OF THEIR REMARRIAGE.

    (a) Restoration of Prior Eligibility.--Section 103(d) of title 38, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
    ``(2) The remarriage of the surviving spouse of a veteran shall not 
bar the furnishing of benefits specified in paragraph (5) to such 
person as the surviving spouse of the veteran if the remarriage has 
been terminated by death or divorce unless the Secretary determines 
that the divorce was secured through fraud or collusion.
    ``(3) If the surviving spouse of a veteran ceases living with 
another person and holding himself or herself out openly to the public 
as that person's spouse, the bar to granting that person benefits as 
the surviving spouse of the veteran shall not apply in the case of the 
benefits specified in paragraph (5).
    ``(4) The first month of eligibility for benefits for 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 (2); or
            ``(B) the month of the cessation described in paragraph 
        (3), in the case of a surviving spouse described in that 
        paragraph.
    ``(5) Paragraphs (2) and (3) apply with respect to benefits under 
the following provisions of this title:
            ``(A) Section 1311, relating to dependency and indemnity 
        compensation.
            ``(B) Section 1713, relating to medical care for survivors 
        and dependents of certain veterans.
            ``(C) Chapter 35, relating to educational assistance.
            ``(D) Chapter 37, relating to housing loans.''.
    (b) Conforming Amendment.--Section 1311 of such title is amended by 
striking subsection (e).
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the first day of the first month beginning after 
the month in which this Act is enacted or October 1, 1999, whichever is 
later.
    (d) Limitation.--No payment may be made to a person by reason of 
paragraphs (2) and (3) of section 103(d) of title 38, United States 
Code, as added by subsection (a), for any period before the effective 
date specified in subsection (c).
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