[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6372 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6372

 To amend title 38, United States Code, to provide for the entitlement 
   of surviving spouses of members of the Armed Forces who die while 
 serving on active duty to educational assistance under the Post-9/11 
        Educational Assistance Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

    Mr. Nye (for himself, Mr. Bishop of New York, and Mr. McNerney) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to provide for the entitlement 
   of surviving spouses of members of the Armed Forces who die while 
 serving on active duty to educational assistance under the Post-9/11 
        Educational Assistance Program, 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 ``Spouses of Fallen Heroes Scholarship 
Act''.

SEC. 2. ENTITLEMENT OF SURVIVING SPOUSES OF MEMBERS OF THE ARMED FORCES 
              WHO DIE WHILE SERVING ON ACTIVE DUTY TO EDUCATIONAL 
              ASSISTANCE UNDER THE POST-9/11 EDUCATIONAL ASSISTANCE 
              PROGRAM.

    (a) Entitlement.--Section 3311(b) of title 38, United States Code, 
is amended by adding at the end the following new paragraph:
            ``(10) An individual who is the surviving spouse of a 
        person who, on or after September 11, 2001, dies in line of 
        duty while serving on active duty as a member of the Armed 
        Forces.''.
    (b) Amount.--Section 3313(c)(1) of such title is amended by 
striking ``or (9)'' and inserting ``(9), or (10)''.
    (c) Time Limitation for Use.--Section 3321(b) of such title is 
amended by adding at the end the following new paragraph:
            ``(5) Applicability to surviving spouses of deceased 
        members.--The period during which an individual entitled to 
        educational assistance by reason of section 3311(b)(10) may use 
        such individual's entitlement expires on the date that is 20 
        years after the date of the death of the person from whom such 
        entitlement is derived.''.
    (d) Precedence of Use of Educational Assistance Benefits.--Section 
3322 of such title is amended by adding at the end the following new 
subsection:
    ``(e) Surviving Spouses.--An individual who is eligible for 
educational assistance under a program established by this chapter by 
reason of section 3311(b)(10) of this title and who is also entitled to 
a program of educational assistance under chapter 35 of this title 
shall utilize the program established by this chapter first before 
receiving educational assistance under chapter 35 of this title. Use of 
both programs remains subject to the 48-month aggregate period for 
which an individual may receive assistance under two or more of the 
provisions of law listed in section 3695 of this title.''.
    (e) Definition of Surviving Spouse.--Section 3301 of such title is 
amended by adding at the end the following new paragraph:
            ``(5) The term `surviving spouse' means a person of the 
        opposite sex who was the spouse of a veteran at the time of the 
        veteran's death, and who lived with the veteran continuously 
        from the date of marriage to the date of the veteran's death 
        (except where there was a separation which was due to the 
        misconduct of, or procured by, the veteran without the fault of 
        the spouse) regardless of remarriage.''.
    (f) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on August 1, 2009.
            (2) Applicability.--The Secretary of Veterans Affairs shall 
        begin making payments to individuals entitled to educational 
        assistance by reason of paragraph (10) of section 3311(b) of 
        title 38, United States Code, as added by subsection (a), by 
        not later than August 1, 2011. In the case of an individual 
        entitled to educational assistance by reason of such paragraph 
        for the period beginning on August 1, 2009, and ending on July 
        31, 2011, the Secretary shall make retroactive payments to such 
        individual for such period by not later than August 1, 2011.
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