GI Education Benefit Fairness Act

GI Education Benefit Fairness Act - Expands the definition of "children," for purposes of provisions allowing members or former members of the uniformed services who served on active duty for specified periods beginning on or after September 11, 2001, to transfer their entitlement to educational assistance, to mean an unmarried person who: (1) is placed in the legal custody of a member or former member by court order for at least 12 consecutive months, (2) has not attained the age of 21, (3) has not attained the age of 23 and is enrolled in a full-time course of study at an institution of higher learning, (4) is incapable of self support due to a mental or physical incapacity that occurred while such person was a dependent of the member or former member, (5) is dependent on the member or former member for over one-half of his or her support, (6) resides with the member or former member unless separated due to military service or institutionalization for a disability or incapacitation, and (7) is not a dependent of a member or former member under any other provision defining dependent.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3600 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3600

  To amend title 38, United States Code, to provide for clarification 
 regarding the children to whom entitlement to educational assistance 
 may be transferred under the Post-9/11 Educational Assistance Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2013

   Mr. Foster (for himself and Mrs. McMorris Rodgers) 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 clarification 
 regarding the children to whom entitlement to educational assistance 
 may be transferred under the Post-9/11 Educational Assistance Program.

    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 ``GI Education Benefit Fairness Act''.

SEC. 2. CLARIFICATION REGARDING THE CHILDREN TO WHOM ENTITLEMENT TO 
              EDUCATIONAL ASSISTANCE MAY BE TRANSFERRED UNDER THE POST 
              9/11 EDUCATIONAL ASSISTANCE PROGRAM.

    (a) In General.--Section 3319(c) of title 38, United States Code, 
is amended to read as follows:
    ``(c) Eligible Dependents.--
            ``(1) Transfer.--An individual approved to transfer an 
        entitlement to educational assistance under this section may 
        transfer the individual's entitlement as follows:
                    ``(A) To the individual's spouse.
                    ``(B) To one or more of the individual's children.
                    ``(C) To a combination of the individuals referred 
                to in subparagraphs (A) and (B).
            ``(2) Definition of children.--For purposes of this 
        subsection, the term `children' includes dependents described 
        in section 1072(2)(I) of title 10.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to educational assistance payable under chapter 33 
of title 38, United States Code, before, on, or after the date of the 
enactment of this Act.
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