[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 368. Mr. MORAN (for himself, Mr. Warnock, Ms. Murkowski, Mr. 
Merkley, Mr. Carper, Mr. Hickenlooper, Ms. Rosen, and Ms. Warren) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE __--LOVE LIVES ON ACT OF 2023

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Love Lives On Act of 
     2023''.

     SEC. __2. 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, 2024, 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. __3. 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. __4. 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.''.
                                 ______