Love Lives On Act of 2023
This bill extends entitlement for various benefit programs and services for surviving spouses of deceased members of the Armed Forces or veterans.
First, the bill removes the expiration on a surviving spouses' entitlement to educational assistance through the Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship).
The bill also provides that the remarriage of a surviving spouse must not bar the furnishing of dependency and indemnity compensation to such spouse.
Next, the Department of Defense may not terminate the payment of an annuity for a surviving spouse under the Survivor Benefit Plan solely because the surviving spouse remarries.
Additionally, the bill provides commissary store and MWR retail facility (e.g., exchange store) access to surviving spouses regardless of the martial status of the spouse. Such spouses must be entitled to use such stores and facilities to the same extent and on the same basis as surviving spouses who did not remarry.
The bill expands the definition of a dependent under TRICARE to include a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.
Finally, the bill modifies the definition of a surviving spouse for purposes of veterans benefits to include same sex marriages.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3651 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3651
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
May 24, 2023
Mr. Phillips (for himself, Mr. Hudson, Mr. Neguse, Mr. Mike Garcia of
California, and Ms. Moore of Wisconsin) 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 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
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