Page:United States Statutes at Large Volume 120.djvu/3456

 PUBLIC LAW 109–461—DEC. 22, 2006

120 STAT. 3425

TITLE III—EDUCATION MATTERS SEC. 301. EXPANSION OF ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM.

(a) EXPANSION OF ELIGIBILITY.—Section 3501(a)(1) is amended— (1) in the matter preceding subparagraph (A), by striking ‘‘means—’’ and inserting ‘‘means any of the following:’’; (2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word; (3) in subparagraph (A)— (A) by inserting after ‘‘a person who’’ the following: ‘‘, as a result of qualifying service’’; (B) by striking the comma at the end of clause (i) and inserting ‘‘; or’’; (C) by striking ‘‘, or’’ at the end of clause (ii) and inserting a period; and (D) by striking clause (iii); (4) in subparagraph (B) by striking the comma at the end and inserting the following: ‘‘sustained during a period of qualifying service.’’; (5) in subparagraph (C)— (A) by inserting ‘‘or child’’ after ‘‘the spouse’’; and (B) by striking ‘‘, or’’ at the end and inserting a period; (6) in subparagraph (D)— (A) in clause (i), by inserting before the comma the following: ‘‘sustained during a period of qualifying service’’; and (B) by striking the comma at the end and inserting a period; (7) by inserting after subparagraph (D) the following new subparagraph: ‘‘(E) The spouse or child of a person who— ‘‘(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; ‘‘(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service; and ‘‘(iii) is likely to be discharged or released from such service for such disability.’’; and (8) by striking ‘‘arising out of’’ and all that follows through the end. (b) CONFORMING AMENDMENTS TO CHAPTER 35.—Chapter 35 is amended as follows: (1) Section 3501(a) is amended by adding at the end the following new paragraph: ‘‘(12) The term ‘qualifying service’ means service in the active military, naval, or air service after the beginning of the Spanish-American War that did not terminate under dishonorable conditions.’’. (2) Section 3511 is amended— (A) in subsection (a)(1)—

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38 USC 3501.

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