II
113th CONGRESS
1st Session
S. 1039
IN THE SENATE OF THE UNITED STATES
May 23, 2013
Mr. Merkley (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to expand the Marine Gunnery Sergeant John David Fry scholarship to include spouses of members of the Armed Forces who die in the line of duty, and for other purposes.
Short title
This Act may be cited as the Spouses
of Heroes Education Act
.
Expansion of Marine Gunnery Sergeant John David Fry scholarship
Expansion of entitlement
Subsection (b)(9)
of section 3311 of title 38, United States Code, is amended by inserting
or spouse
after child
.
Limitation and election on certain benefits
Subsection (f) of such section is amended—
by redesignating paragraph (2) as paragraph (4); and
by inserting after paragraph (1) the following new paragraphs:
Limitation
The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of—
the date that is 15 years after the date on which the person died; and
the date on which the individual remarries.
Election on receipt of certain benefits
A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance.
.
Conforming amendment
Section 3321(b)(4) of such title is amended by striking
an individual
and inserting a child
.
Effective date
The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.