Permits the posthumous transfer of Post 9/11 Educational Assistance (an educational assistance entitlement for certain members of the Armed Forces serving on or after September 11, 2001) to the spouse or children of eligible Armed Forces members when the application of a member electing to transfer such assistance was not approved before the member died in the line of duty.
Allows transfers of such entitlements by individuals honorably discharged or released from active duty in the Armed Forces due to a service-connected disability or after sustaining an injury in line of duty requiring hospital, nursing home, or domiciliary care or treatment. (Current law requires an individual to be serving as a member of the Armed Forces when the transfer is executed.) Sets forth extended and alternative eligibility periods for such individuals.
Applies this Act to individuals who become eligible to transfer such benefits on or after August 1, 2009.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 883 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 883
To amend title 38, United States Code, to permit certain veterans who
were discharged or released from the Armed Forces by reason of service-
connected disability to transfer benefits under the Post-9/11
Educational Assistance Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2013
Mr. Chaffetz (for himself, Mr. Latta, and Mr. Labrador) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to permit certain veterans who
were discharged or released from the Armed Forces by reason of service-
connected disability to transfer benefits under the Post-9/11
Educational Assistance Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SERVICE-CONNECTED DEATH, DISABILITY, OR INJURY EXCEPTION FOR
TRANSFERABILITY OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
UNDER THE POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
Section 3319 of title 38, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``(b) Eligible Individuals.--An
individual,'' and inserting the following:
``(b) Eligible Individuals.--
``(1) In general.--An individual'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
them two ems to the right; and
(C) by adding at the end the following new
paragraph:
``(2) Approval after death in line of duty.--
Notwithstanding the service requirements under paragraph (1),
an individual referred to in subsection (a) shall also include
an individual who elected to transfer educational assistance as
described in subsection (a) but whose application for such
transfer was not approved before such individual died in line
of duty.''; and
(2) in subsection (f)--
(A) by striking ``(1) Time for transfer.--Subject
to'' and inserting the following:
``(1) Time for transfer.--
``(A) In general.--Except as provided in
subparagraph (B) and subject to''; and
(B) by adding at the end the following new
subparagraph:
``(B) Exception.--
``(i) Time for transfer for service-
connected disability or injury in line of
duty.--The limitation under subparagraph (A)
with respect to the time to transfer
entitlement benefits under this section shall
not apply if an individual is discharged or
released from active duty in the Armed Forces
in accordance with section 3311(c) of this
title--
``(I) due to a service-connected
disability; or
``(II) after sustaining an injury
in line of duty that requires hospital,
nursing home, or domiciliary care or
treatment.
``(ii) Extended period of eligibility.--An
individual referred to in clause (i) may
transfer entitlement benefits under this
section--
``(I) before the end of the 36-
month period beginning on the date of
the individual's discharge or release
from active duty in the Armed Forces;
or
``(II) before the end of the 48-
month period beginning on the date of
such discharge or release if the
Secretary concerned determines special
circumstances exist.
``(iii) Alternative period of
eligibility.--In the case of an individual
described in clause (i) who is discharged or
released from active duty in the Armed Forces
on or after August 1, 2009, but before the date
of the enactment of this subparagraph, the
extended period of eligibility described in
clause (ii) shall begin on the date of the
enactment of this subparagraph.
``(C) Additional opportunity to make election.--An
individual described in subparagraph (B)(i) may elect
to transfer the individual's entitlement under
subsection (a), or to make changes to the dependent or
dependents designated as the transferee or transferees
of the individual's entitlement under this section, one
or more times during the time period referred to in
subparagraph (B)(ii).''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act to section 3319 of title 38, United
States Code, shall apply with respect to individuals who became
eligible to transfer benefits under such section on or after August 1,
2009.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
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