I 

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 serviceconnected 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. 

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


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

2 INJURY EXCEPTION FOR TRANSFERABILITY 

3 OF ENTITLEMENT TO EDUCATIONAL ASSIST4 ANCE UNDER THE POST-9/11 EDUCATIONAL 

5 ASSISTANCE PROGRAM. 

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

7 amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘(b) ELIGIBLE INDIVID10 UALS.—An individual,’’ and inserting the fol11 lowing: 

12 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

13 ‘‘(1) IN GENERAL.—An individual’’; 

14 (B) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively, 

16 and moving them two ems to the right; and 

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

18 paragraph: 

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

20 DUTY.—Notwithstanding the service requirements 

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

22 subsection (a) shall also include an individual who 

23 elected to transfer educational assistance as de24 scribed in subsection (a) but whose application for 

25 such transfer was not approved before such indi26 vidual died in line of duty.’’; and 


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1 (2) in subsection (f)— 

2 (A) by striking ‘‘(1) TIME FOR TRANS3 FER.—Subject to’’ and inserting the following: 

4 ‘‘(1) TIME FOR TRANSFER.— 

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

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

7 (B) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(B) EXCEPTION.— 

10 ‘‘(i) TIME FOR TRANSFER FOR SERV11 ICE-CONNECTED DISABILITY OR INJURY IN

12 LINE OF DUTY.—The limitation under sub13 paragraph (A) with respect to the time to 

14 transfer entitlement benefits under this 

15 section shall not apply if an individual is 

16 discharged or released from active duty in 

17 the Armed Forces in accordance with sec18 tion 3311(c) of this title— 

19 ‘‘(I) due to a service-connected 

20 disability; or 

21 ‘‘(II) after sustaining an injury 

22 in line of duty that requires hospital, 

23 nursing home, or domiciliary care or 

24 treatment. 


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1 ‘‘(ii) EXTENDED PERIOD OF ELIGI2 BILITY.—An individual referred to in 

3 clause (i) may transfer entitlement benefits 

4 under this section— 

5 ‘‘(I) before the end of the 36- 

6 month period beginning on the date of 

7 the individual’s discharge or release 

8 from active duty in the Armed Forces; 

9 or 

10 ‘‘(II) before the end of the 48- 

11 month period beginning on the date of 

12 such discharge or release if the Sec13 retary concerned determines special 

14 circumstances exist. 

15 ‘‘(iii) ALTERNATIVE PERIOD OF ELIGI16 BILITY.—In the case of an individual de17 scribed in clause (i) who is discharged or 

18 released from active duty in the Armed 

19 Forces on or after August 1, 2009, but be20 fore the date of the enactment of this sub21 paragraph, the extended period of eligi22 bility described in clause (ii) shall begin on 

23 the date of the enactment of this subpara24 graph. 


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1 ‘‘(C) ADDITIONAL OPPORTUNITY TO MAKE

2 ELECTION.—An individual described in sub3 paragraph (B)(i) may elect to transfer the indi4 vidual’s entitlement under subsection (a), or to 

5 make changes to the dependent or dependents 

6 designated as the transferee or transferees of 

7 the individual’s entitlement under this section, 

8 one or more times during the time period re9 ferred to in subparagraph (B)(ii).’’. 

10 SEC. 2. EFFECTIVE DATE. 

11 The amendments made by this Act to section 3319 

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

13 to individuals who became eligible to transfer benefits 

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

Æ 


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