Section 1 Short title
This Act may be cited as the “Military Families and Surviving Spouses Benefits Enhancement Act”.
Military Families and Surviving Spouses Benefits Enhancement Act
A BILL
To restore certain non-monetary Federal benefits to remarried surviving spouses of members of the Armed Forces who die while serving on active duty, to provide student loan deferment for dislocated military spouses, and for other purposes.
Sec. 2 Federal benefits for remarried surviving spouses of members of the Armed Forces who die while serving on active duty
Civil service—
Preference eligible— Section 2108(3)(D) of title 5, United States Code, is amended by striking “unmarried”.
Noncompetitive appointment— Section 3330d(a)(3)(B) of such title is amended to read as follows:
“(B) who was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces.”
Department of Veterans Affairs—
Special marriage provisions— Section 103(d)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:
“(C) The remarriage of the surviving spouse of a person who died while serving in the active military, naval, air, or space service shall not bar the furnishing of non-monetary benefits to such surviving spouse.”
Eligibility for housing and small business loans— Section 3701(b)(2) of title 38, United States Code, is amended by inserting “(without regard to whether such surviving spouse remarries)” after “surviving spouse”.
Effective date— The amendments made by this section shall apply beginning on the first day of the first month beginning after the date of the enactment of this Act.
Sec. 3 Access to commissary and exchange privileges for remarried spouses
by striking “The Secretary of Defense” and inserting the following:
“(a) Certain unremarried former spouses—The Secretary of Defense”
by striking “commissary and exchange privileges” and inserting “use commissary stores and MWR retail facilities”; and
by adding at the end the following:
“(b) Certain remarried surviving spouses—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.
“(c) MWR retail facilities defined—In this section, the term “MWR retail facilities” has the meaning given that term in section 1063(e) of this title.”
Clerical amendments—
Section heading— The heading of such section 1062 is amended by inserting “and surviving spouses” after “Certain former spouses”.
Table of sections— The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following:
Sec. 4 Student loan deferment for dislocated military spouses
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
by inserting after paragraph (3) the following:
“(4) Deferment for dislocated military spouses
“(A) Duration and effect on principal and interest—A borrower of a loan made under this part who meets the requirements of subparagraph (B) shall be eligible for a deferment for an aggregate period of 180 days, during which periodic installments of principal need not be paid, and interest—
“(i) shall not accrue, in the case of a—
“(I) Federal Direct Stafford Loan; or
“(II) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 428; or
“(ii) shall accrue and be capitalized or paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in clause (i)(II).
“(B) Eligibility—A borrower of a loan made under this part shall be eligible for a deferment under subparagraph (A) if the borrower—
“(i) is the spouse of a member of the Armed Forces serving on active duty; and
“(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member.
“(C) Documentation and approval
“(i) In general—A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary—
“(I) the documentation described in clause (ii); or
“(II) such other documentation as the Secretary determines appropriate.
“(ii) Documentation—The documentation described in this clause is—
“(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty;
“(II) evidence that a military permanent change of station order was issued to such member; and
“(III)
“(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or
“(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.”
Effective date— The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.