I 

111TH CONGRESS 

1ST SESSION H. R. 3657 

To amend title 38, United States Code, to provide for members of the 

United States Public Health Service and National Oceanographic and 

Atmospheric Administration Corps to transfer unused benefits under 

Post-9/11 Educational Assistance Program to family members, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2009 

Mr. RODRIGUEZ 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 members of the United States Public Health Service and 

National Oceanographic and Atmospheric Administration 

Corps to transfer unused benefits under Post-9/11 Educational Assistance Program to family members, 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, 


smartinez on DSKDVH8Z91PROD with BILLS
2 

•HR 3657 IH

1 SECTION 1. AUTHORITY OF MEMBERS OF THE UNITED 

2 STATES PUBLIC HEALTH SERVICE AND NA3 TIONAL OCEANOGRAPHIC AND ATMOS4 PHERIC ADMINISTRATION CORPS TO TRANS5 FER UNUSED BENEFITS UNDER POST-9/11 

6 EDUCATIONAL ASSISTANCE PROGRAM TO 

7 FAMILY MEMBERS. 

8 (a) IN GENERAL.—Section 3319 of title 38, United 

9 States Code, is amended— 

10 (1) by striking subsection (a) and inserting the 

11 following new subsection (a): 

12 ‘‘(a) AUTHORITY TO TRANSFER.— 

13 ‘‘(1) MEMBERS OF THE ARMED FORCES.—Sub14 ject to the provisions of this section, the Secretary 

15 of Defense, in order to promote the recruitment and 

16 retention of members of the Armed Forces, may au17 thorize the Secretary concerned to permit an indi18 vidual described in subsection (b)(1) who is entitled 

19 to educational assistance under this chapter to elect 

20 to transfer to one or more of the dependents speci21 fied in subsection (c) a portion of such individual’s 

22 entitlement to such assistance, subject to the limita23 tion under subsection (d). 

24 ‘‘(2) MEMBERS OF THE UNITED STATES PUB25 LIC HEALTH SERVICE.—Subject to the provisions of 

26 this section, in order to promote the recruitment and 


smartinez on DSKDVH8Z91PROD with BILLS
3 

•HR 3657 IH

1 retention of members of the United States Public 

2 Health Service, the Secretary of Health and Human 

3 Services may permit an individual described in sub4 section (b)(2) who is entitled to educational assist5 ance under this chapter to elect to transfer to one 

6 or more of the dependents specified in subsection (c) 

7 a portion of such individual’s entitlement to such as8 sistance, subject to the limitation under subsection 

9 (d). 

10 ‘‘(3) MEMBERS OF THE NATIONAL OCEANO11 GRAPHIC AND ATMOSPHERIC ADMINISTRATION

12 CORPS.—Subject to the provisions of this section, in 

13 order to promote the recruitment and retention of 

14 members of the National Oceanographic and Atmos15 pheric Administration Corps, the Secretary of Com16 merce may permit an individual described in sub17 section (b)(3) who is entitled to educational assist18 ance under this chapter to elect to transfer to one 

19 or more of the dependents specified in subsection (c) 

20 a portion of such individual’s entitlement to such as21 sistance, subject to the limitation under subsection 

22 (d).’’; 

23 (2) by striking subsection (b) and inserting the 

24 following new subsection (b): 


smartinez on DSKDVH8Z91PROD with BILLS
4 

•HR 3657 IH

1 ‘‘(b) ELIGIBLE INDIVIDUALS.—For purposes of this 

2 section, an eligible individual is any of the following: 

3 ‘‘(1) A member of the Armed Forces who, at 

4 the time of the approval of the individual’s request 

5 to transfer entitlement to educational assistance 

6 under this section, has completed at least— 

7 ‘‘(A) six years of service in the Armed 

8 Forces and enters into an agreement to serve at 

9 least four more years as a member of the 

10 Armed Forces; or 

11 ‘‘(B) the years of service as determined in 

12 regulations pursuant to section (k). 

13 ‘‘(2) A member of the United States Public 

14 Health Service who, at the time of the approval of 

15 the individual’s request to transfer entitlement to 

16 educational assistance under this section, has com17 pleted at least— 

18 ‘‘(A) six years of service in the United 

19 States Public Health Service and enters into an 

20 agreement to serve at least four more years as 

21 a member of the United States Public Health 

22 Service; or 

23 ‘‘(B) the years of service as determined in 

24 regulations pursuant to section (k). 


smartinez on DSKDVH8Z91PROD with BILLS
5 

•HR 3657 IH

1 ‘‘(3) A member of the National Oceanographic 

2 and Atmospheric Administration Corps who, at the 

3 time of the approval of the individual’s request to 

4 transfer entitlement to educational assistance under 

5 this section, has completed at least— 

6 ‘‘(A) six years of service in the National 

7 Oceanographic and Atmospheric Administration 

8 Corps and enters into an agreement to serve at 

9 least four more years as a member of the Na10 tional Oceanographic and Atmospheric Admin11 istration Corps; or 

12 ‘‘(B) the years of service as determined in 

13 regulations pursuant to section (k).’’; 

14 (3) in the second sentence of subsection (d), by 

15 striking ‘‘Secretary of Defense’’ and inserting ‘‘, the 

16 appropriate Secretary’’; 

17 (4) in subsection (f)— 

18 (A) in paragraph (1), by striking ‘‘armed 

19 forces’’ and inserting ‘‘Armed Forces, member 

20 of the United States Public Health Service, or 

21 member of the National Oceanographic and At22 mospheric Administration Corps, as the case 

23 may be,’’; and 


smartinez on DSKDVH8Z91PROD with BILLS
6 

•HR 3657 IH

1 (B) in paragraph (2), by striking ‘‘Sec2 retary concerned’’ and inserting ‘‘appropriate 

3 Secretary’’; 

4 (5) in subsection (g)— 

5 (A) in paragraph (1)(A), by striking ‘‘in 

6 the armed forces’’ and inserting ‘‘in the Armed 

7 Forces, United States Public Health Service, or 

8 National Oceanographic and Atmospheric Ad9 ministration Corps, as the case may be,’’; and 

10 (B) in paragraph (2)(A)(i), by striking ‘‘in 

11 the armed forces’’ and inserting ‘‘in the Armed 

12 Forces, United States Public Health Service, or 

13 National Oceanographic and Atmospheric Ad14 ministration Corps, as the case may be,’’; 

15 (6) in subsection (h)— 

16 (A) in paragraph (2)(B), by inserting be17 fore ‘‘as if the individual were not on active 

18 duty’’ the following: ‘‘, and in the case of a 

19 member of the Armed Forces,’’; 

20 (B) in paragraph (3)(B), by inserting be21 fore ‘‘as if the individual were not on active 

22 duty’’ the following: ‘‘, and in the case of a 

23 member of the Armed Forces,’’; and 

24 (C) in paragraph (2)(A)(i), by striking ‘‘in 

25 the armed forces’’ and inserting ‘‘in the Armed 


smartinez on DSKDVH8Z91PROD with BILLS
7 

•HR 3657 IH

1 Forces, United States Public Health Service, or 

2 National Oceanographic and Atmospheric Ad3 ministration Corps, as the case may be,’’; 

4 (7) in subsection (i)(2)(A), by striking ‘‘sub5 section (b)(1)’’ and inserting ‘‘paragraph (1)(A), 

6 (2)(A), or (3)(A) of subsection (b)’’; 

7 (8) in subsection (j), by striking ‘‘Secretary of 

8 Defense’’ the following: ‘‘appropriate Secretary’’; 

9 and 

10 (9) by inserting after subsection (k) and insert11 ing the following new subsection: 

12 ‘‘(l) APPROPRIATE SECRETARY DEFINED.—In this 

13 section, the term ‘appropriate Secretary’ means— 

14 ‘‘(1) the Secretary of Defense with respect to 

15 matters concerning members of the Armed Forces; 

16 ‘‘(2) the Secretary of Health and Human Serv17 ices with respect to matters concerning the United 

18 States Public Health Service; and 

19 ‘‘(3) the Secretary of Commerce with respect to 

20 matters concerning the National Oceanographic and 

21 Atmospheric Administration Corps.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this Act shall take effect as if included in the enactment 


smartinez on DSKDVH8Z91PROD with BILLS
8 

•HR 3657 IH

1 of the Post-9/11 Veterans Educational Assistance Act of 

2 2008 (title V of Public Law 110–252). 

Æ 


smartinez on DSKDVH8Z91PROD with BILLS