[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2661 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2661

 To clarify the period of eligibility during which certain spouses are 
entitled to assistance under the Marine Gunnery Sergeant John David Fry 
                  Scholarship, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2016

   Mr. Brown (for himself, Mr. Tillis, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To clarify the period of eligibility during which certain spouses are 
entitled to assistance under the Marine Gunnery Sergeant John David Fry 
                  Scholarship, 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 ``Military Spouses Achieving College 
Education for Survivors Act of 2016'' or the ``ACES Act of 2016''.

SEC. 2. CLARIFICATION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN 
              DAVID FRY SCHOLARSHIP.

    (a) In General.--Section 701(d) of the Veterans Access, Choice, and 
Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1796; 38 
U.S.C. 3311 note) is amended to read as follows:
    ``(d) Applicability.--
            ``(1) In general.--The amendments made by this section 
        shall apply with respect to a quarter, semester, or term, as 
        applicable, commencing on or after January 1, 2015.
            ``(2) Deaths that occurred between september 11, 2001, and 
        december 31, 2005.--For purposes of section 3311(f)(2) of title 
        38, United States Code, any member of the Armed Forces who died 
        during the period beginning on September 11, 2001, and ending 
        on December 31, 2005, is deemed to have died on January 1, 
        2006.''.
    (b) Election on Receipt of Certain Benefits.--Section 3311(f) of 
title 38, United States Code, is amended--
            (1) in paragraph (3), by striking ``A surviving spouse'' 
        and inserting ``Except as provided in paragraph (4), a 
        surviving spouse'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) Exception for certain elections.--
                    ``(A) In general.--An election made under paragraph 
                (3) by a spouse described in subparagraph (B) may not 
                be treated as irrevocable if such election occurred 
                before the date of the enactment of this paragraph.
                    ``(B) Eligible surviving spouse.--A spouse 
                described in this subparagraph is an individual--
                            ``(i) who is entitled to assistance under 
                        subsection (a) pursuant to paragraph (9) of 
                        subsection (b); and
                            ``(ii) who was the spouse of a member of 
                        the Armed Forces who died during the period 
                        beginning on September 11, 2001, and ending on 
                        December 31, 2005.''.
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