[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2550 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2550

 To amend title 38, United States Code, to provide for the transfer of 
 entitlement to educational assistance under the Post-9/11 Educational 
 Assistance Program of the Department of Veterans Affairs by deceased 
                      members of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2011

 Mr. Boren (for himself and Mr. Jones) 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 transfer of 
 entitlement to educational assistance under the Post-9/11 Educational 
 Assistance Program of the Department of Veterans Affairs by deceased 
                      members of the Armed Forces.

    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. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER THE 
              POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM OF THE 
              DEPARTMENT OF VETERANS AFFAIRS BY DECEASED MEMBERS OF THE 
              ARMED FORCES.

    (a) In General.--Section 3319 of title 38, United States Code, is 
amended by--
            (1) redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j) Transfer of Entitlement by Deceased Members of the Armed 
Forces.--
            ``(1) In general.--Notwithstanding subsections (b), (e) and 
        (f), in the case of the death of any member of the Armed Forces 
        who is entitled to educational assistance under this chapter 
        while the member is serving on active duty, the member's 
        entitlement to educational assistance under this chapter shall 
        be transferred under this section to the member's surviving 
        spouse, unless the member has designated another eligible 
        dependent.
            ``(2) Maximum amount of entitlement for transfer.--The 
        maximum amount of entitlement that may be transferred under 
        this section is the amount to which the deceased member of the 
        Armed Forces was actually entitled on the date of the member's 
        death.
            ``(3) Election.--A surviving spouse to whom educational 
        assistance is transferred under this section who is also 
        entitled to educational assistance under chapter 35 of this 
        title may not receive assistance under both such chapter and 
        this section, but shall make an irrevocable election (in such 
        form and manner as the Secretary may prescribe) under which 
        chapter or section to receive educational assistance.
            ``(4) Surviving spouse defined.--For purposes of this 
        subsection, the term `surviving spouse' means a person of the 
        opposite sex who was the spouse of a member of the Armed Forces 
        at the time of the member's death, and who lived with the 
        member continuously from the date of marriage to the date of 
        the member's death (except where there was a separation which 
        was due to the misconduct of, or procured by, the member 
        without the fault of the spouse) regardless of remarriage.''.
    (b) 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 to whom entitlement to 
        educational assistance is transferred by reason of subsection 
        (j) of section 3319 of title 38, United States Code, as added 
        by subsection (a), by not later than August 1, 2011. In the 
        case of an individual who is entitled to educational assistance 
        for the period beginning on August 1, 2009, and ending on July 
        31, 2011, by reason of such a transfer and who was enrolled for 
        any part of such period in an approved program of education, 
        the Secretary shall make retroactive payments to such 
        individual for such period by not later than August 1, 2011.
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