What This Bill Does
This bill expands who can use the Marine Gunnery Sergeant John David Fry Scholarship, which pays for education benefits. The bill adds spouses and children of service members who die from a service-connected disability (a health condition caused by military service) within 120 days after leaving the Armed Forces.
Who It Affects
Spouses and children of service members who die from a service-connected disability within 120 days of discharge or release from active duty.
Key Provisions
• Service members must receive an honorable discharge or have their service characterized as honorable by the Secretary concerned (the military department leader overseeing their branch) to qualify their family members for the scholarship (Sec. 2(a)(3)(B)(i) and (ii)).
• The 120-day period begins the day after a service member's last day of active duty or other duty as an Armed Forces member (Sec. 2(a)(3)(B)).
• The changes apply to deaths occurring before, on, or after this law is enacted (Sec. 2(b)(1)).
What Changes
If this becomes law, spouses and children of service members who die from service-connected disabilities within 120 days of discharge can now use the Fry Scholarship. Previously, the scholarship only covered families of those who died in line of duty.
Important Definitions
Service-connected disability: a health condition caused by military service.
Effective Date
The changes apply to education terms, quarters or semesters starting on or after August 1, 2024 (Sec. 2(b)(2)).
II
118TH CONGRESS
1ST SESSION
S. 350
To amend title 38, United States Code, to expand eligibility for the Marine
Gunnery Sergeant John David Fry Scholarship to include spouses and
children of individuals who die from a service-connected disability within
120 days of serving in the Armed Forces, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. LANKFORD (for himself and Mr. CARPER) 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 eligibility
for the Marine Gunnery Sergeant John David Fry Schol-
arship to include spouses and children of individuals
who die from a service-connected disability within 120
days of serving in the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fry Scholarship En-
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hancement Act of 2023’’.
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•S 350 IS
SEC. 2. EXPANSION OF ELIGIBILITY FOR MARINE GUNNERY
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SERGEANT JOHN DAVID FRY SCHOLARSHIP.
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(a) IN GENERAL.—Section 3311(b)(8) of title 38,
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United States Code, is amended—
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(1) by striking ‘‘dies in line of duty’’ and insert-
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ing the following: ‘‘dies—
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‘‘(A) in line of duty’’;
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(2) in subparagraph (A), as designated by para-
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graph (1), by striking the period at the end and in-
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serting ‘‘; or’’; and
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(3) by adding at the end the following new sub-
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paragraph:
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‘‘(B) from a service-connected disability
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during the 120-day period beginning on the
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first day immediately following the last day on
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which the individual was discharged or released
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from active duty as a member of the Armed
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Forces or duty other than active duty as a
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member of the Armed Forces, but only if—
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‘‘(i) the person was discharged with
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an honorable discharge; or
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‘‘(ii) the person’s service in the Armed
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Forces was characterized by the Secretary
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concerned as honorable.’’.
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(b) APPLICABILITY.—The amendments made by sub-
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section (a) shall apply with respect to—
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•S 350 IS
(1) deaths that occur before, on, or after the
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date of the enactment of this Act; and
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(2) a quarter, semester, or term, as applicable,
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commencing on or after August 1, 2024.
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Æ
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