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Protecting the Freedoms and Benefits for All Veterans Act

H.R. 3569 · 113th Congress · Nov 20, 2013 · Lineage

A BILL

To amend title 38, United States Code, to add a definition of spouse for purposes of veteran benefits that recognizes new State definitions of spouse.

1. Short title

This Act may be cited as the “Protecting the Freedoms and Benefits for All Veterans Act”.

2. Definition of spouse for purposes of veteran benefits to reflect new State definitions of spouse

(a)
Spouse defined— Section 101 of title 38, United States Code, is amended—
(1)
in paragraph (3), by striking “of the opposite sex”; and
(2)
by striking paragraph (31) and inserting the following new paragraph:

“(31)

“(A) An individual shall be considered a spouse if—

“(i) the marriage of the individual is valid in the State in which the marriage was entered into; or

“(ii) in the case of a marriage entered into outside any State—

“(I) if the marriage of the individual is valid in the place in which the marriage was entered into; and

“(II)

“(aa) the marriage could have been entered into in a State; or

“(bb) the marriage was valid in the place in which all parties to the marriage resided at the time the marriage was entered into.

“(B) In this paragraph, the term State has the meaning given that term in paragraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands.”

(b)
Marriage determination— Section 103(c) of such title is amended by striking “according to” and all that follows through the period at the end and inserting “in accordance with section 101(31) of this title.”.