[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1039 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1039

  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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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) Conforming Amendment.--Section 3321(b)(4) of such title is 
amended by striking ``an individual'' and inserting ``a child''.
    (d) 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.
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