Post-9/11 Veterans Education Fairness Act

Post-9/11 Veterans Education Fairness Act - Allows former members of the Armed Forces and Armed Forces Reserves who are entitled to Post-9/11 Educational Assistance to transfer those benefits to family members within 15 years after their discharge or release from military service. (Currently, this transfer authority is restricted to members of the Armed Forces who transfer such entitlement while serving in the Armed Forces.)

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5273

   To amend title 38, United States Code, to expand the authority of 
veterans to transfer entitlement to Post-9/11 Educational Assistance to 
                              dependents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2014

  Mr. Barber introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to expand the authority of 
veterans to transfer entitlement to Post-9/11 Educational Assistance to 
                              dependents.

    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 ``Post-9/11 Veterans Education 
Fairness Act''.

SEC. 2. EXPANSION OF AUTHORITY OF VETERANS TO TRANSFER ENTITLEMENT TO 
              POST-9/11 EDUCATIONAL ASSISTANCE TO DEPENDENTS.

    (a) Transfer Authorized.--Subsection (b) of section 3319 of title 
38, United States Code, is amended to read as follows:
    ``(b) Eligible Individuals.--An individual referred to in 
subsection (a) is an individual who, at the time of the approval of the 
individual's request to transfer entitlement to educational assistance 
under this section, meets any of the following:
            ``(1) With respect to a member of the uniformed services, 
        has completed at least--
                    ``(A) six years of service in the Armed Forces and 
                enters into an agreement to serve at least four more 
                years as a member of the uniformed services; or
                    ``(B) the years of service as determined in 
                regulations pursuant to subsection (j).
            ``(2) With respect to a former member who is entitled to 
        retired pay by reason of service in the uniformed services (or 
        would be so entitled but for the fact that the member has not 
        attained a certain age), is entitled to educational assistance 
        under this chapter by reason of paragraph (1) or (2) of section 
        3311(b) of this title.
            ``(3) With respect to a former member of a reserve 
        component, is entitled to educational assistance under this 
        chapter by reason of paragraph (1) or (2) of section 3311(b) of 
        this title.''.
    (b) Time for Transfer.--Subsection (f)(1) of such section is 
amended to read as follows:
            ``(1) Time for transfer.--
                    ``(A) Members.--Subject to the time limitation for 
                use of entitlement under section 3321, an individual 
                described in subsection (b)(1) who is approved to 
                transfer entitlement to educational assistance under 
                this section may transfer such entitlement only while 
                serving as a member of the Armed Forces when the 
                transfer is executed.
                    ``(B) Former members.--Subject to the time 
                limitation for use of entitlement under section 3321, 
                an individual described in paragraph (2) or (3) of 
                subsection (b) who is approved to transfer entitlement 
                to educational assistance under this section may 
                transfer such entitlement only during the 15-year 
                period beginning on the date of the last discharge or 
                release of the individual from the uniformed 
                services.''.
    (c) Effective Date.--The amendments made by this Act shall take 
effect 180 days after the date of the enactment of this Act.
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