H.R. 2550 (112th): Spouses of Fallen Heroes Scholarship Act

HR 2550 IH

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.

July 15, 2011

Mr. BOREN (for himself and Mr. JONES) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

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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