S.Amdt. 368

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.''.
______