I 

111TH CONGRESS 

2D SESSION H. R. 5443 

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 

MAY 27, 2010 

Mr. NYE (for himself and Mr. GARAMENDI) 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 15 years after 

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

24 entitlement is derived.’’. 


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1 (d) DEFINITION OF SURVIVING SPOUSE.—Section 

2 3301 of such title is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(5) The term ‘surviving spouse’ means a per5 son of the opposite sex who was the spouse of a vet6 eran at the time of the veteran’s death, and who 

7 lived with the veteran continuously from the date of 

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

9 where there was a separation which was due to the 

10 misconduct of, or procured by, the veteran without 

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

12 (e) EFFECTIVE DATE; APPLICABILITY.— 

13 (1) EFFECTIVE DATE.—The amendments made 

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

15 (2) APPLICABILITY.—The Secretary of Vet16 erans Affairs shall begin making payments to indi17 viduals entitled to educational assistance by reason 

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

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

20 not later than August 1, 2011. In the case of an in21 dividual entitled to educational assistance by reason 

22 of such paragraph for the period beginning on Au23 gust 1, 2009, and ending on July 31, 2011, the Sec24 retary shall make retroactive payments to such indiVerDate Mar 15 2010 06:07 May 29, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5443.IH H5443

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1 vidual for such period by not later than August 1, 

2 2011. 

Æ 


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