[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Extensions of Remarks]
[Page 14147]
[From the U.S. Government Publishing Office, www.gpo.gov]




           ALL SPOUSES OF MILITARY RETIREES DESERVE OUR HELP

                                 ______
                                 

                            HON. BOB FILNER

                             of california

                    in the house of representatives

                          Monday, June 9, 2003

  Mr. FILNER Mr. Speaker and colleagues, I rise to call attention to my 
bill, H.R. 2393, ``Continued Benefits for Injured Spouses Act''.
  Under current law, enacted in 1982, former spouses of military 
members or retirees are eligible for military medical benefits and 
exchange and commissary privileges if the military member had performed 
at least 20 years of military service, had been married for at least 20 
years to one spouse, and 20 years of marriage and service were 
overlapping. This is known as the 20/20/20 restriction. Further 
legislation was enacted two years later to include additional former 
spouses under a 20/20/15 restriction.
  While this law recognizes the contribution and sacrifice of many 
military spouses who later divorced, there is a group who are 
completely left out through no fault of their own. Spouses who must 
leave a marriage through divorce due to documented abuse are often left 
with none of these benefits. Domestic violence and physical or sexual 
endangerment to the spouse or the children, proven by medical or 
counseling records, should be taken into account. Divorced because of 
this situation, the injured spouse should continue to receive all 
benefits.
  H.R. 2393 will change the law to 20/20/10--only for these special 
circumstances, meaning that the military member would have been married 
for at least 20 years to one spouse, would have performed at least 20 
years of military service, with 10 years of service and marriage 
overlapping. This change would allow an abused spouse to escape from a 
potentially dangerous marriage and still keep benefits.
  Teresa, a woman in my Congressional District, has found herself in 
these circumstances. She told me, ``I didn't begin this marriage 
looking for a way to divorce. I believe in commitment, and there were 
some good years. But had I known when I married him how he would hurt 
me and endanger my life, I would have backed away. I have done all I 
can to keep this marriage together. His response to legal separation 
was to come over and throw our 15 year old around until I called the 
police. I will never allow him to hurt our children again.''
  Most of our military members are honorable and good people. But, in 
the few cases where spousal or child abuse is involved, we must protect 
the families. I invite my colleagues to join with me in supporting 
military spouses who have found themselves in dangerous marriages. 
Please co-sponsor H.R. 2393.

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