I 

112TH CONGRESS 

1ST SESSION H. R. 2002 

To amend title 38, United States Code, to permit disabled or injured members 

of the Armed Forces to transfer Post 9/11 Educational Assistance benefits after retirement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. CHAFFETZ introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to permit disabled 

or injured members of the Armed Forces to transfer 

Post 9/11 Educational Assistance benefits after retirement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SERVICE-CONNECTED DEATH, DISABILITY, OR 

4 INJURY EXCEPTION FOR TRANSFERABILITY 

5 OF POST 9/11 VETERANS EDUCATIONAL AS6 SISTANCE BENEFITS. 

7 Section 3319 of title 38, United States Code, is 

8 amended— 


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1 (1) in subsection (b)— 

2 (A) by striking ‘‘(b) ELIGIBLE INDIVID3 UALS.—An individual,’’ and inserting the fol4 lowing: 

5 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

6 ‘‘(1) IN GENERAL.—An individual’’; 

7 (B) by redesignating paragraphs (1) and 

8 (2) as subparagraphs (A) and (B) and moving 

9 them two ems to the right; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) APPROVAL AFTER DEATH IN LINE OF

13 DUTY.—Notwithstanding the service requirements 

14 under paragraph (1), an individual referred to in 

15 subsection (a) shall also include an individual who 

16 elected to transfer educational assistance as de17 scribed in subsection (a) but whose application for 

18 such transfer was not approved before such indi19 vidual died in line of duty.’’; and 

20 (2) in subsection (f)— 

21 (A) by striking ‘‘(1) TIME FOR TRANS22 FER.—Subject to’’ and inserting the following: 

23 ‘‘(1) TIME FOR TRANSFER.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B) and subject to’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(B) EXCEPTION.— 

3 ‘‘(i) TIME FOR TRANSFER FOR SERV4 ICE-CONNECTED DISABILITY OR INJURY IN

5 LINE OF DUTY.—The limitation under sub6 paragraph (A) with respect to the time to 

7 transfer entitlement benefits under this 

8 section shall not apply if an individual is 

9 discharged or released from active duty in 

10 the Armed Forces in accordance with sec11 tion 3311(c)— 

12 ‘‘(I) due to a service-connected 

13 disability; or 

14 ‘‘(II) after sustaining an injury 

15 in line of duty that requires hospital, 

16 nursing home, or domiciliary care or 

17 treatment. 

18 ‘‘(ii) EXTENDED PERIOD OF ELIGI19 BILITY.—Such individuals may transfer 

20 entitlement benefits under this section— 

21 ‘‘(I) before the end of the 36- 

22 month period beginning on the date of 

23 discharge or release from active duty 

24 in the Armed Forces; or 


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1 ‘‘(II) before the end of the 48- 

2 month period beginning on the date of 

3 such discharge or release if the Sec4 retary concerned determines special 

5 circumstances exist. 

6 ‘‘(iii) ALTERNATIVE PERIOD OF ELIGI7 BILITY.—For individuals described in sub8 paragraph (B)(i) who were discharged or 

9 released from active duty in the Armed 

10 Forces after August 1, 2009 but before the 

11 date of the enactment of this subpara12 graph, the extended periods of eligibility 

13 described in subparagraph (ii) shall begin 

14 on the date of the enactment of this sub15 paragraph. 

16 ‘‘(C) ADDITIONAL OPPORTUNITY TO MAKE

17 ELECTION.—An individual described in sub18 paragraph (B)(i) may elect to transfer the indi19 vidual’s entitlement under subsection (a), or to 

20 make changes to the dependent or dependents 

21 designated as the transferee or transferees of 

22 the individual’s entitlement under this section, 

23 one or more times during the time period re24 ferred to in subparagraph (B)(ii).’’. 


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1 SEC. 2. EFFECTIVE DATE. 

2 The amendments made by this Act to section 3319 

3 of title 38, United States Code, shall apply with respect 

4 to individuals who became eligible to transfer benefits 

5 under such section on or after August 1, 2009. 

Æ 


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