Pub. L. 111-32, tit. X, sec. 1002

Sec. 1002. (a) Entitlement.—Section 3311 of title 38, United States Code, is amended—(1) in subsection (b), by adding at the end the following new paragraph:“(9) An individual who is the child 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.”; and(2) by adding at the end the following new subsection:“(f) Marine Gunnery Sergeant John David Fry Scholarship.—“(1) In general.—Educational assistance payable by reason of paragraph (9) of subsection (b) shall be known as the ‘Marine Gunnery Sergeant John David Fry scholarship’.“(2) Definition of child.—For purposes of that paragraph, the term ‘child’ includes a married individual or an individual who is above the age of twenty-three years.”.(b) Amount.—Section 3313(c)(1) of such title is amended by striking “section 3311(b)(1) or 3311(b)(2)” and inserting “paragraph (1), (2), or (9) of section 3311(b)”.(c) Time Limitation for Use.—Section 3321(b) of such title is amended by adding at the end the following new paragraph:123 STAT. 1890 “(4) Applicability to children of deceased members.—The period during which an individual entitled to educational assistance by reason of section 3311(b)(9) may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s eighteenth birthday.”.(d) 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 (9) of section 3311(b) of title 38, United States Code, as added by subsection (a), by not later than August 1, 2010. 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, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010.