Pub. L. 113-146, tit. VII, sec. 701 (as amended)
EXPANSION OF MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP.
SEC. 701. 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; or
“(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.”
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(c) Conforming Amendment.—Section 3321(b)(4) of such title is amended—
(1) by striking “an individual” and inserting “a child”; and
(2) by striking “such individual’s” each time it appears and inserting “such child’s”.
(d) [38 U.S.C. 3311 note] 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.
- Cross-references to the US Code
- 38 U.S.C. 3311 note