I 
117TH CONGRESS 
2D SESSION 
H. R. 9287 
To amend titles 10 and 38, United States Code, to improve benefits and 
services for surviving spouses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 10, 2022 
Mr. PHILLIPS (for himself, Mr. HUDSON, and Ms. MOORE of Wisconsin) intro-
duced 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 com-
mittee concerned 
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 Representa-
tives 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 2022’’. 
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SEC. 2. IMPROVING 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 con-
tinuously from the date of marriage to the date of 
the veteran’s death (except where there was a sepa-
ration which was due to the misconduct of, or pro-
cured by, the veteran without the fault of the 
spouse) and who has not remarried.’’. 
SEC. 3. 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 para-
graph (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 
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paragraph (3)’’ and inserting ‘‘under paragraph 
(2)’’. 
SEC. 4. MODIFICATION OF ENTITLEMENT TO VETERANS 
DEPENDENCY AND INDEMNITY COMPENSA-
TION FOR SURVIVING SPOUSES WHO RE-
MARRY. 
(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 remar-
riage’’; 
(B) in clause (i), as designated by subpara-
graph (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 
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(B) by renumbering subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively. 
(b) RESUMPTION OF PAYMENTS TO CERTAIN INDI-
VIDUALS PREVIOUSLY DENIED DEPENDENCY AND IN-
DEMNITY 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. 5. 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 sub-
paragraph (B), an annuity’’; and 
(2) by adding at the end the following new sub-
paragraph: 
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‘‘(B) TREATMENT OF SURVIVORS OF MEM-
BERS WHO DIE ON ACTIVE DUTY.—The Sec-
retary may not terminate payment of an annu-
ity for a surviving spouse described in subpara-
graph (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 en-
actment of Love Lives On Act of 2022, the Sec-
retary 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 en-
actment; or 
‘‘(ii) on January 1, 2023, in the case 
of a surviving spouse who elected to trans-
fer 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.’’. 
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SEC. 6. ACCESS TO COMMISSARY AND EXCHANGE PRIVI-
LEGES 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 sub-
section: 
‘‘(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 sur-
viving spouse of a member of the uniformed services.’’; 
and 
(4) by adding at the end the following new sub-
section: 
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‘‘(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: 
‘‘§ 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 relat-
ing to section 1062 and inserting the following new 
item: 
‘‘1062. Certain former spouses and surviving spouses.’’. 
SEC. 7. EXPANSION OF DEFINITION OF DEPENDENT UNDER 
TRICARE PROGRAM TO INCLUDE A REMAR-
RIED WIDOW OR WIDOWER WHOSE SUBSE-
QUENT 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 pe-
riod at the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(J) a remarried widow or widower whose 
subsequent marriage has ended due to death, 
divorce, or annulment.’’. 
Æ 
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