SFC Brian Woods Gold Star and Military Survivors Act

I 116TH CONGRESS 1ST SESSION H. R. 1911 To amend titles 10 and 38, United States Code, to expand certain benefits for survivors of members of the Armed Forces who die in line of duty, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 27, 2019 Mr. WALTZ (for himself, Mr. MOULTON, and Mr. BACON) introduced the fol- lowing bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be sub- sequently 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 expand certain benefits for survivors of members of the Armed Forces who die in line of duty, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘SFC Brian Woods 4 Gold Star and Military Survivors Act’’. 5 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1911 IH SEC. 2. EXTENSION OF COMMISSARY AND EXCHANGE BEN- 1 EFITS FOR REMARRIED SPOUSES WITH DE- 2 PENDENT CHILDREN. 3 (a) BENEFITS.—Section 1062 of title 10, United 4 States Code, is amended— 5 (1) by striking ‘‘The Secretary’’ and all that 6 follows through ‘‘an’’ and inserting ‘‘(a) CERTAIN 7 UNREMARRIED FORMER SPOUSES.—An’’; 8 (2) by striking ‘‘commissary and exchange 9 privileges’’ and inserting ‘‘use commissary stores 10 and MWR retail facilities’’; and 11 (3) by adding at the end the following new sub- 12 sections: 13 ‘‘(b) CERTAIN REMARRIED SURVIVING SPOUSES.—A 14 surviving spouse of a deceased member of the armed 15 forces, regardless of the marital status of the surviving 16 spouse, who has guardianship of dependent children of the 17 deceased member, is entitled to use commissary stores and 18 MWR retail facilities to the same extent and on the same 19 basis as the unremarried surviving spouse of a member 20 of the uniformed services. 21 ‘‘(c) MWR RETAIL FACILITIES.—The term ‘MWR 22 retail facilities’ has the meaning given that term in section 23 1063(e) of this title.’’. 24 (b) CLERICAL AMENDMENTS.— 25 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1911 IH (1) SECTION HEADING.—The heading of section 1 1062 of title 10, United States Code, is amended to 2 read as follows: 3 ‘‘§ 1062. Certain former spouses and surviving 4 spouses’’. 5 (2) TABLE OF SECTIONS.—The table of sections 6 at the beginning of chapter 54 of title 10, United 7 States Code, is amended by striking the item relat- 8 ing to section 1062 and inserting the following new 9 item: 10 ‘‘1062. Certain former spouses and surviving spouses.’’. SEC. 3. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT 11 PLAN FOR CERTAIN SURVIVING SPOUSES 12 WHO REMARRY. 13 Section 1450(b)(2) of title 10, United States Code, 14 is amended— 15 (1) by striking ‘‘An annuity’’ and inserting 16 ‘‘(A) Subject to subparagraph (B), an annuity’’; and 17 (2) by adding at the end the following new sub- 18 paragraph: 19 ‘‘(B) The Secretary may not terminate payment 20 of an annuity for a surviving spouse described in 21 subparagraph (A) or (B) of section 1448(d)(1) solely 22 because that surviving spouse remarries. In the case 23 of a surviving spouse who remarried before reaching 24 age 55 and before the date of the enactment of the 25 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1911 IH SFC Brian Woods Gold Star and Military Survivors 1 Act, the Secretary shall resume payment of the an- 2 nuity to that surviving spouse for each month after 3 the date of the enactment of that Act.’’. 4 SEC. 4. AUTHORITY OF THE SECRETARY CONCERNED TO 5 TRANSPORT REMAINS OF A COVERED DECE- 6 DENT TO NO MORE THAN TWO LOCATIONS 7 SELECTED BY THE PERSON DESIGNATED TO 8 DIRECT DISPOSITION OF THE REMAINS. 9 (a) IN GENERAL.—Section 1482(a)(8) of title 10, 10 United States Code, is amended to read as follows: 11 ‘‘(8)(A) Transportation of the remains, and 12 travel and transportation allowances as specified in 13 regulations prescribed under section 464 of title 37 14 for an escort of one person, to the place, subject to 15 subparagraph (B), selected by the person designated 16 to direct disposition of the remains or, if such a se- 17 lection is not made, to a national or other cemetery 18 which is selected by the Secretary and in which bur- 19 ial of the decedent is authorized. 20 ‘‘(B) The person designated to direct disposi- 21 tion of the remains may select two locations under 22 subparagraph (A) if the second location is a national 23 cemetery. 24 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1911 IH ‘‘(C) When transportation of the remains in- 1 cludes transportation by aircraft under section 562 2 of the John Warner National Defense Authorization 3 Act for Fiscal Year 2007 (Public Law 109–364; 10 4 U.S.C. 1482 note), the Secretary concerned shall 5 provide, to the maximum extent practicable, for de- 6 livery of the remains by air to the commercial, gen- 7 eral aviation, or military airport nearest to the place 8 selected by the designee.’’. 9 (b) CONFORMING AMENDMENT.—Section 562(d) of 10 the John Warner National Defense Authorization Act for 11 Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 12 note) is amended— 13 (1) in paragraph (1), by striking ‘‘Except as 14 provided in paragraph (2)’’ and inserting ‘‘Subject 15 to paragraphs (2) and (3)’’; and 16 (2) by adding at the end the following new 17 paragraph: 18 ‘‘(3) SECOND LOCATION.—If the person des- 19 ignated to direct disposition of the remains selects 20 two locations under section 1482(a)(8)(B) of title 21 10, United States Code, the Secretary concerned 22 shall ensure that remains transported under this 23 section are continuously escorted from Dover Air 24 Force Base to the first selected location and from 25 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1911 IH the first selected location to the selected national 1 cemetery for final disposition. The Secretary con- 2 cerned is not required to provide an escort under 3 this paragraph during the period between the arrival 4 of the remains at the first location and the depar- 5 ture of the remains from that first location to the 6 selected national cemetery.’’. 7 SEC. 5. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL 8 ASSISTANCE TO CIVILIAN PROVIDERS OF 9 CHILD CARE SERVICES OR YOUTH PROGRAM 10 SERVICES WHO PROVIDE SUCH SERVICES TO 11 SURVIVORS OF MEMBERS OF THE ARMED 12 FORCES WHO DIE IN LINE OF DUTY. 13 Section 1798(a) of title 10, United States Code, is 14 amended by inserting ‘‘, survivors of members of the 15 armed forces who die in line of duty while on active duty, 16 active duty for training, or inactive duty for training,’’ 17 after ‘‘armed forces’’. 18 SEC. 6. CONTINUED ELIGIBILITY FOR DEPENDENCY AND 19 INDEMNITY COMPENSATION FOR SURVIVING 20 SPOUSES WHO REMARRY. 21 (a) IN GENERAL.—Section 103(d) of title 38, United 22 States Code, is amended— 23 (1) in paragraph (2)(B), by adding at the end 24 the following: ‘‘Subject to sections 1450(c) and 25 VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1911 IH 1451(c)(2) of title 10, the remarriage of a surviving 1 spouse shall not bar the furnishing of benefits under 2 section 1311 of this title to the surviving spouse of 3 a veteran.’’; and 4 (2) in paragraph (5), by striking subparagraph 5 (A) and renumbering subparagraphs (B), (C), and 6 (D) as subparagraphs (A), (B), and (C), respec- 7 tively. 8 (b) RESUMPTION OF PAYMENTS TO CERTAIN INDI- 9 VIDUALS PREVIOUSLY DENIED DEPENDENCY AND IN- 10 DEMNITY COMPENSATION.—Beginning on the first day of 11 the first month after the date of the enactment of this 12 Act, the Secretary shall resume payment of dependency 13 and indemnity compensation under section 1311 of such 14 title to each living individual who— 15 (1) is the surviving spouse of a veteran; and 16 (2) remarried before— 17 (A) reaching age 57; and 18 (B) the date of the enactment of this Act. 19 Æ VerDate Sep 11 2014 18:32 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1911.IH H1911 pamtmann on DSKBFK8HB2PROD with BILLS