I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spouses of Fallen He5 roes Scholarship Act’’. 


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1 SEC. 2. ENTITLEMENT OF SURVIVING SPOUSES OF MEM2 BERS OF THE ARMED FORCES WHO DIE 

3 WHILE SERVING ON ACTIVE DUTY TO EDU4 CATIONAL ASSISTANCE UNDER THE POST-9/11 

5 EDUCATIONAL ASSISTANCE PROGRAM. 

6 (a) ENTITLEMENT.—Section 3311(b) of title 38, 

7 United States Code, is amended by adding at the end the 

8 following new paragraph: 

9 ‘‘(10) An individual who is the surviving spouse 

10 of a person who, on or after September 11, 2001, 

11 dies in line of duty while serving on active duty as 

12 a member of the Armed Forces.’’. 

13 (b) AMOUNT.—Section 3313(c)(1) of such title is 

14 amended by striking ‘‘or (9)’’ and inserting ‘‘(9), or (10)’’. 

15 (c) TIME LIMITATION FOR USE.—Section 3321(b) of 

16 such title is amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(5) APPLICABILITY TO SURVIVING SPOUSES OF

19 DECEASED MEMBERS.—The period during which an 

20 individual entitled to educational assistance by rea21 son of section 3311(b)(10) may use such individual’s 

22 entitlement expires on the date that is 20 years after 

23 the date of the death of the person from whom such 

24 entitlement is derived.’’. 


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1 (d) PRECEDENCE OF USE OF EDUCATIONAL ASSIST2 ANCE BENEFITS.—Section 3322 of such title is amended 

3 by adding at the end the following new subsection: 

4 ‘‘(e) SURVIVING SPOUSES.—An individual who is eli5 gible for educational assistance under a program estab6 lished by this chapter by reason of section 3311(b)(10) 

7 of this title and who is also entitled to a program of edu8 cational assistance under chapter 35 of this title shall uti9 lize the program established by this chapter first before 

10 receiving educational assistance under chapter 35 of this 

11 title. Use of both programs remains subject to the 48- 

12 month aggregate period for which an individual may re13 ceive assistance under two or more of the provisions of 

14 law listed in section 3695 of this title.’’. 

15 (e) DEFINITION OF SURVIVING SPOUSE.—Section 

16 3301 of such title is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(5) The term ‘surviving spouse’ means a per19 son of the opposite sex who was the spouse of a vet20 eran at the time of the veteran’s death, and who 

21 lived with the veteran continuously from the date of 

22 marriage to the date of the veteran’s death (except 

23 where there was a separation which was due to the 

24 misconduct of, or procured by, the veteran without 

25 the fault of the spouse) regardless of remarriage.’’. 


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1 (f) EFFECTIVE DATE; APPLICABILITY.— 

2 (1) EFFECTIVE DATE.—The amendments made 

3 by this section shall take effect on August 1, 2009. 

4 (2) APPLICABILITY.—The Secretary of Vet5 erans Affairs shall begin making payments to indi6 viduals entitled to educational assistance by reason 

7 of paragraph (10) of section 3311(b) of title 38, 

8 United States Code, as added by subsection (a), by 

9 not later than August 1, 2011. In the case of an in10 dividual entitled to educational assistance by reason 

11 of such paragraph for the period beginning on Au12 gust 1, 2009, and ending on July 31, 2011, the Sec13 retary shall make retroactive payments to such indi14 vidual for such period by not later than August 1, 

15 2011. 

Æ 


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