Love Lives On Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1266 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1266

To amend titles 10 and 38, United States Code, to improve benefits and 
        services for surviving spouses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2023

 Mr. Moran (for himself, Mr. Warnock, Mr. Cotton, Ms. Warren, and Ms. 
    Hirono) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend titles 10 and 38, United States Code, to improve benefits and 
        services for surviving spouses, 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 ``Love Lives On Act of 2023''.

SEC. 2. REMOVAL OF EXPIRATION ON ENTITLEMENT TO MARINE GUNNERY SERGEANT 
              JOHN DAVID FRY SCHOLARSHIP FOR SURVIVING SPOUSES.

    Section 3311(f) of title 38, United States Code, is amended--
            (1) by striking paragraph (2);
            (2) by redesignating paragraphs (3) through (5) as 
        paragraphs (2) through (4), respectively;
            (3) in paragraph (2), as redesignated by paragraph (2) of 
        this section, by striking ``in paragraph (4)'' and inserting 
        ``in paragraph (3)''; and
            (4) in paragraph (3)(A), as redesignated by paragraph (2) 
        of this section, by striking ``under paragraph (3)'' and 
        inserting ``under paragraph (2)''.

SEC. 3. MODIFICATION OF ENTITLEMENT TO VETERANS 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)--
                    (A) by inserting ``(i)'' before ``The remarriage'';
                    (B) in clause (i), as designated by subparagraph 
                (A), by striking ``Notwithstanding the previous 
                sentence'' and inserting the following:
    ``(ii) Notwithstanding clause (i)''; and
                    (C) by adding at the end the following new clause:
    ``(iii) Notwithstanding clause (ii), 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)--
                    (A) by striking subparagraph (A); and
                    (B) by renumbering subparagraphs (B) through (E) as 
                subparagraphs (A) through (D), 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 55; and
                    (B) the date of the enactment of this Act.

SEC. 4. 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 the following:
                    ``(A) In general.--(A) Subject to subparagraph (B), 
                an annuity''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Treatment of survivors of members who die on 
                active duty.--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 Love Lives On 
                Act of 2023, the Secretary shall resume payment of the 
                annuity to that surviving spouse--
                            ``(i) except as provided by clause (ii), 
                        for each month that begins on or after the date 
                        that is one year after such date of enactment; 
                        or
                            ``(ii) on January 1, 2023, in the case of a 
                        surviving spouse who elected to transfer 
                        payment of that annuity to a surviving child or 
                        children under the provisions of section 
                        1448(d)(2)(B) of title 10, United States Code, 
                        as in effect on December 31, 2019.''.

SEC. 5. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR REMARRIED 
              SPOUSES.

    (a) Benefits.--Section 1062 of title 10, United States Code, is 
amended--
            (1) by striking ``The Secretary of Defense'' and inserting 
        the following:
    ``(a) Certain Unremarried Former Spouses.--The Secretary of 
Defense'';
            (2) by striking ``commissary and exchange privileges'' and 
        inserting ``use commissary stores and MWR retail facilities'';
            (3) by adding at the end the following new subsection:
    ``(b) Certain Remarried Surviving Spouses.--The Secretary of 
Defense shall prescribe such regulations as may be necessary to provide 
that a surviving spouse of a deceased member of the armed forces, 
regardless of the marital status of the surviving spouse, is entitled 
to use commissary stores and MWR retail facilities to the same extent 
and on the same basis as an unremarried surviving spouse of a member of 
the uniformed services.''; and
            (4) by adding at the end the following new subsection:
    ``(c) MWR Retail Facilities Defined.--In this section, 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. 6. EXPANSION OF DEFINITION OF DEPENDENT UNDER TRICARE PROGRAM TO 
              INCLUDE A REMARRIED WIDOW OR WIDOWER WHOSE SUBSEQUENT 
              MARRIAGE HAS ENDED.

    Section 1072(2) of title 10, United States Code, is amended--
            (1) in subparagraph (H), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (I)(v), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(J) a remarried widow or widower whose subsequent 
                marriage has ended due to death, divorce, or 
                annulment.''.

SEC. 7. DEFINITION OF SURVIVING SPOUSE FOR PURPOSES OF VETERANS 
              BENEFITS.

    Paragraph (3) of section 101 of title 38, United States Code, is 
amended to read as follows:
            ``(3) The term `surviving spouse' means (except for 
        purposes of chapter 19 of this title) a person who was the 
        spouse of a veteran at the time of the veteran's death, and who 
        lived with the veteran continuously from the date of marriage 
        to the date of the veteran's death (except where there was a 
        separation which was due to the misconduct of, or procured by, 
        the veteran without the fault of the spouse) and who has not 
        remarried.''.
                                 &lt;all&gt;
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