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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1911 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1911

   To amend titles 10 and 38, United States Code, to expand certain 
 benefits for survivors of members of the Armed Forces who die in line 
                    of duty, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2019

  Mr. Waltz (for himself, Mr. Moulton, and Mr. Bacon) introduced the 
following bill; which was referred to the Committee on Armed Services, 
and in addition to the Committee on Veterans' Affairs, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend titles 10 and 38, United States Code, to expand certain 
 benefits for survivors of members of the Armed Forces who die in line 
                    of duty, and for other purposes.

    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 ``SFC Brian Woods Gold Star and 
Military Survivors Act''.

SEC. 2. EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR REMARRIED 
              SPOUSES WITH DEPENDENT CHILDREN.

    (a) Benefits.--Section 1062 of title 10, United States Code, is 
amended--
            (1) by striking ``The Secretary'' and all that follows 
        through ``an'' and inserting ``(a) Certain Unremarried Former 
        Spouses.--An'';
            (2) by striking ``commissary and exchange privileges'' and 
        inserting ``use commissary stores and MWR retail facilities''; 
        and
            (3) by adding at the end the following new subsections:
    ``(b) Certain Remarried Surviving Spouses.--A surviving spouse of a 
deceased member of the armed forces, regardless of the marital status 
of the surviving spouse, who has guardianship of dependent children of 
the deceased member, is entitled to use commissary stores and MWR 
retail facilities to the same extent and on the same basis as the 
unremarried surviving spouse of a member of the uniformed services.
    ``(c) MWR Retail Facilities.--The term `MWR retail facilities' has 
the meaning given that term in section 1063(e) of this title.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of section 1062 of title 
        10, United States Code, is amended to read as follows:
``Sec. 1062. Certain former spouses and surviving spouses''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 54 of title 10, United States Code, is 
        amended by striking the item relating to section 1062 and 
        inserting the following new item:

``1062. Certain former spouses and surviving spouses.''.

SEC. 3. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN FOR CERTAIN 
              SURVIVING SPOUSES WHO REMARRY.

    Section 1450(b)(2) of title 10, United States Code, is amended--
            (1) by striking ``An annuity'' and inserting ``(A) Subject 
        to subparagraph (B), an annuity''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) The Secretary may not terminate payment of an annuity 
        for a surviving spouse described in subparagraph (A) or (B) of 
        section 1448(d)(1) solely because that surviving spouse 
        remarries. In the case of a surviving spouse who remarried 
        before reaching age 55 and before the date of the enactment of 
        the SFC Brian Woods Gold Star and Military Survivors Act, the 
        Secretary shall resume payment of the annuity to that surviving 
        spouse for each month after the date of the enactment of that 
        Act.''.

SEC. 4. AUTHORITY OF THE SECRETARY CONCERNED TO TRANSPORT REMAINS OF A 
              COVERED DECEDENT TO NO MORE THAN TWO LOCATIONS SELECTED 
              BY THE PERSON DESIGNATED TO DIRECT DISPOSITION OF THE 
              REMAINS.

    (a) In General.--Section 1482(a)(8) of title 10, United States 
Code, is amended to read as follows:
            ``(8)(A) Transportation of the remains, and travel and 
        transportation allowances as specified in regulations 
        prescribed under section 464 of title 37 for an escort of one 
        person, to the place, subject to subparagraph (B), selected by 
        the person designated to direct disposition of the remains or, 
        if such a selection is not made, to a national or other 
        cemetery which is selected by the Secretary and in which burial 
        of the decedent is authorized.
            ``(B) The person designated to direct disposition of the 
        remains may select two locations under subparagraph (A) if the 
        second location is a national cemetery.
            ``(C) When transportation of the remains includes 
        transportation by aircraft under section 562 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned 
        shall provide, to the maximum extent practicable, for delivery 
        of the remains by air to the commercial, general aviation, or 
        military airport nearest to the place selected by the 
        designee.''.
    (b) Conforming Amendment.--Section 562(d) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364; 10 U.S.C. 1482 note) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraph (2)'' and inserting ``Subject to paragraphs (2) and 
        (3)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Second location.--If the person designated to direct 
        disposition of the remains selects two locations under section 
        1482(a)(8)(B) of title 10, United States Code, the Secretary 
        concerned shall ensure that remains transported under this 
        section are continuously escorted from Dover Air Force Base to 
        the first selected location and from the first selected 
        location to the selected national cemetery for final 
        disposition. The Secretary concerned is not required to provide 
        an escort under this paragraph during the period between the 
        arrival of the remains at the first location and the departure 
        of the remains from that first location to the selected 
        national cemetery.''.

SEC. 5. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO 
              CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH 
              PROGRAM SERVICES WHO PROVIDE SUCH SERVICES TO SURVIVORS 
              OF MEMBERS OF THE ARMED FORCES WHO DIE IN LINE OF DUTY.

    Section 1798(a) of title 10, United States Code, is amended by 
inserting ``, survivors of members of the armed forces who die in line 
of duty while on active duty, active duty for training, or inactive 
duty for training,'' after ``armed forces''.

SEC. 6. CONTINUED ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION 
              FOR SURVIVING SPOUSES WHO REMARRY.

    (a) In General.--Section 103(d) of title 38, United States Code, is 
amended--
            (1) in paragraph (2)(B), by adding at the end the 
        following: ``Subject to sections 1450(c) and 1451(c)(2) of 
        title 10, the remarriage of a surviving spouse shall not bar 
        the furnishing of benefits under section 1311 of this title to 
        the surviving spouse of a veteran.''; and
            (2) in paragraph (5), by striking subparagraph (A) and 
        renumbering subparagraphs (B), (C), and (D) as subparagraphs 
        (A), (B), and (C), respectively.
    (b) Resumption of Payments to Certain Individuals Previously Denied 
Dependency and Indemnity Compensation.--Beginning on the first day of 
the first month after the date of the enactment of this Act, the 
Secretary shall resume payment of dependency and indemnity compensation 
under section 1311 of such title to each living individual who--
            (1) is the surviving spouse of a veteran; and
            (2) remarried before--
                    (A) reaching age 57; and
                    (B) the date of the enactment of this Act.
                                 <all>
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