S.Amdt. 2701

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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