II 112th CONGRESS 1st Session S. 1852 IN THE SENATE OF THE UNITED STATES November 10, 2011 Mr. Merkley (for himself and Mrs. Boxer) 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.

1.

Short title

This Act may be cited as the Spouses of Heroes Education Act.

2.

Expansion of Marine Gunnery Sergeant John David Fry scholarship

(a)

Expansion of entitlement

Subsection (b)(9) of section 3311 of title 38, United States Code, is amended by inserting or spouse after child. (b)

Limitation and election on certain benefits

Subsection (f) of such section is amended— (1)by redesignating paragraph (2) as paragraph (4); and (2)by inserting after paragraph (1) the following new paragraphs: (2)

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— (A)the date that is 15 years after the date on which the person died; and (B)the date on which the individual remarries. (3)

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. . (c)

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.