S. 2661 — Introduced in Senate

II 114th CONGRESS 2d Session S. 2661 IN THE SENATE OF THE UNITED STATES March 10, 2016Mr. 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. 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. 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. .