[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2701. Mr. MORAN (for himself and Mr. Warnock) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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 end of title X, add the following:

                       Subtitle I--Love Lives On

     SEC. 1096. SHORT TITLE.

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

     SEC. 1097. 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. 1098. 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. 1099. 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. 1099A. 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. 1099B. 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.''.
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