I 

110TH CONGRESS 

2D SESSION H. R. 5229 

To amend title 38, United States Code, to remove certain limitations on 

the transfer of entitlement to basic educational assistance under the 

Montgomery GI Bill, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2008 

Mr. BARTLETT of Maryland (for himself, Mr. ISRAEL, Mr. BOOZMAN, Mrs. 

GILLIBRAND, Ms. SCHWARTZ, Mr. CARTER, Mr. RODRIGUEZ, Mr. 

LOBIONDO, Mr. BISHOP of Utah, Mr. MILLER of Florida, Mr. 

CUMMINGS, Mr. SCHIFF, Mr. GORDON of Tennessee, Mr. UDALL of Colorado, Mr. WILSON of South Carolina, Mr. ELLISON, Mr. KIRK, Mr. 

JOHNSON of Georgia, Mr. KUHL of New York, Mr. WYNN, Mr. MEEK

of Florida, Mr. BUTTERFIELD, Ms. FOXX, Ms. GIFFORDS, Ms. SHEAPORTER, Mr. CARNEY, Mr. LOEBSACK, Ms. EDDIE BERNICE JOHNSON

of Texas, Mr. GILCHREST, Ms. CORRINE BROWN of Florida, Mr. JONES

of North Carolina, Mr. HILL, Mrs. LOWEY, Ms. BERKLEY, Mr. 

NEUGEBAUER, Mr. WALZ of Minnesota, Mr. KING of Iowa, Mr. TIBERI, 

Mr. MCHENRY, Mr. WOLF, Mr. KINGSTON, Mr. PAUL, Mr. GOODE, and 

Mr. SAXTON) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 38, United States Code, to remove certain 

limitations on the transfer of entitlement to basic educational assistance under the Montgomery GI Bill, and 

for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Montgomery GI Bill 

5 Educational Assistance Transferability Act of 2008’’. 

6 SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON TRANSFER 

7 OF ENTITLEMENT TO BASIC EDUCATIONAL 

8 ASSISTANCE. 

9 (a) IN GENERAL.—Section 3020 of title 38, United 

10 States Code, is amended— 

11 (1) in the heading, by striking ‘‘: members 

12 of the Armed Forces with critical military 

13 skills’’; 

14 (2) in subsection (a)— 

15 (A) by striking ‘‘with critical military skills 

16 and at such Secretary’s sole discretion’’; and 

17 (B) by striking ‘‘, subject to the limitation 

18 under subsection (d)’’; 

19 (3) in subsection (b)— 

20 (A) in paragraph (1), by striking the semi21 colon at the end and inserting ‘‘; and’’; 

22 (B) by striking paragraph (2); and 

23 (C) by redesignating paragraph (3) as 

24 paragraph (2); 

25 (4) by striking subsection (d); and 


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1 (5) by redesignating subsections (e) through 

2 (m) as subsections (d) through (l), respectively. 

3 (b) CONFORMING AMENDMENTS.—Such section is 

4 further amended— 

5 (1) in subsection (g)(2), as redesignated by sub6 section (a)(5) of this section, by striking ‘‘under sub7 section (e)(2)’’ and inserting ‘‘under subsection 

8 (d)(2)’’; 

9 (2) in subsection (h)(2), as redesignated by 

10 subsection (a)(5) of this section, by striking ‘‘under 

11 subsection (b)(3)’’ and inserting ‘‘under subsection 

12 (b)(2)’’; and 

13 (3) in subsection (j), as redesignated by sub14 section (a)(5) of this section— 

15 (A) by striking ‘‘under subsection (f)(2)’’ 

16 and inserting ‘‘under subsection (e)(2)’’; and 

17 (B) by striking ‘‘in subsection (h)(5)’’ and 

18 inserting ‘‘in subsection (g)(5)’’. 

19 (c) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 30 of such title is amended 

21 by amending the item relating to section 3020 to read as 

22 follows: 

‘‘3020. Transfer of entitlement to basic educational assistance.’’. 


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1 SEC. 3. TRANSFER OF ENTITLEMENT TO EDUCATIONAL AS2 SISTANCE UNDER THE RESERVE MONT3 GOMERY GI BILL. 

4 (a) SELECTED RESERVE.— 

5 (1) IN GENERAL.—Chapter 1606 of title 10, 

6 United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 16138. Transfer of entitlement to educational as9 sistance 

10 ‘‘(a) IN GENERAL.—An individual described in sub11 section (b) who is entitled to educational assistance under 

12 this chapter may elect to transfer to one or more of the 

13 dependents specified in subsection (c) a portion of such 

14 individual’s entitlement to such assistance. An individual 

15 transferring entitlement under this section shall submit 

16 written notice to the Secretary concerned not later than 

17 the expiration date of the period described in section 

18 16133 of this title that is applicable to such individual. 

19 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re20 ferred to in subsection (a) is any member of the armed 

21 forces who, at the time of the approval by the Secretary 

22 concerned of the member’s request to transfer entitlement 

23 to basic educational assistance under this section— 

24 ‘‘(1) has completed six years of service in the 

25 Selected Reserve; and 


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1 ‘‘(2) enters into an agreement to remain a 

2 member of the Selected Reserve for a period of not 

3 less than four years. 

4 ‘‘(c) ELIGIBLE DEPENDENTS.—An individual may 

5 transfer entitlement under this section as follows: 

6 ‘‘(1) To the individual’s spouse. 

7 ‘‘(2) To one or more of the individual’s chil8 dren. 

9 ‘‘(3) To a combination of the individuals re10 ferred to in paragraphs (1) and (2). 

11 ‘‘(d) DESIGNATION OF TRANSFEREE.—An individual 

12 transferring entitlement under this section shall— 

13 ‘‘(1) designate the dependent or dependents to 

14 whom such entitlement is being transferred; 

15 ‘‘(2) designate the number of months of such 

16 entitlement to be transferred to each such depend17 ent; and 

18 ‘‘(3) specify the period for which the transfer 

19 shall be effective for each such dependent. 

20 ‘‘(e) REVOCATION AND MODIFICATION.—An indi21 vidual transferring entitlement under this section may 

22 modify or revoke at any time the transfer of any unused 

23 portion of the entitlement so transferred. The modification 

24 or revocation of the transfer of entitlement under this sub25 section shall be made by the submittal of written notice 


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1 of the action to both the Secretary concerned and the Sec2 retary of Veterans Affairs. 

3 ‘‘(f) COMMENCEMENT OF USE.—If the dependent to 

4 whom entitlement is transferred under this section is a 

5 child, the use of the transferred entitlement may not com6 mence until the child— 

7 ‘‘(1) completes the requirements of a secondary 

8 school diploma (or equivalency certificate); or 

9 ‘‘(2) attains 18 years of age. 

10 ‘‘(g) TIME LIMITATION FOR USE OF ELIGIBILITY

11 AND ENTITLEMENT.—Notwithstanding section 16133 of 

12 this title, and subject to subsection (d)(3), a dependent 

13 to whom entitlement is transferred under this section may 

14 use such entitlement until the later of— 

15 ‘‘(1) the expiration date of a 15-year period be16 ginning on the date on which the individual who 

17 transferred such entitlement to the dependent be18 comes entitled to such assistance; and 

19 ‘‘(2) the date that is 10 years after the date the 

20 individual who transferred such entitlement to the 

21 dependent is separated from the Selected Reserve. 

22 ‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 

23 ‘‘(1) USE OF ENTITLEMENT CHARGED TO

24 TRANSFERRING INDIVIDUAL.—The use of any enti25 tlement transferred under this section shall be 


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1 charged against the entitlement of the individual 

2 making the transfer at the rate of one month for 

3 each month of transferred entitlement that is used. 

4 ‘‘(2) ENTITLEMENT TO ASSISTANCE.—Except 

5 as provided under paragraphs (2) and (3) of sub6 section (d) and subsection (g), and subject to para7 graph (5), a dependent to whom entitlement is 

8 transferred under this section is entitled to edu9 cational assistance under this chapter in the same 

10 manner as the individual from whom entitlement 

11 was transferred. 

12 ‘‘(3) MONTHLY RATE OF EDUCATION ASSIST13 ANCE PAYABLE.—The monthly rate of educational 

14 assistance payable to a dependent to whom entitle15 ment is transferred under this section shall be the 

16 monthly amount payable under section 16131 of this 

17 title to the individual making the transfer. 

18 ‘‘(4) USE OF TRANSFERRED ENTITLEMENT NOT

19 AFFECTED BY DEATH OF TRANSFEROR.—The death 

20 of an individual transferring entitlement under this 

21 section shall not affect the use of the transferred en22 titlement by the dependent to whom entitlement is 

23 transferred. 

24 ‘‘(5) AGE LIMITATION.—Notwithstanding sub25 section (g) and section 16133 of this title, a child to 


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1 whom entitlement is transferred under this section 

2 may not use any entitlement so transferred after at3 taining the age of 26 years. 

4 ‘‘(6) TRANSFERABILITY TO NON-CHILD OF EN5 TITLEMENT FOR PURPOSE OF SECONDARY SCHOOL

6 DIPLOMA.—Except as provided in subsection (f), the 

7 purposes for which a dependent to whom entitlement 

8 is transferred under this section may use such enti9 tlement shall include the pursuit and completion of 

10 the requirements of a secondary school diploma (or 

11 equivalency certificate). 

12 ‘‘(i) OVERPAYMENT.—In the event of an overpayment 

13 of basic educational assistance with respect to a dependent 

14 to whom entitlement is transferred under this section, the 

15 dependent and the individual making the transfer shall be 

16 jointly and severally liable to the United States for the 

17 amount of the overpayment for purposes of section 3685 

18 of title 38. 

19 ‘‘(j) REGULATIONS.—The Secretaries concerned shall 

20 prescribe regulations for purposes of this section. 

21 ‘‘(k) SECRETARY CONCERNED DEFINED.—Notwith22 standing section 101(a)(9) of this title, in this section the 

23 term ‘Secretary concerned’ means— 

24 ‘‘(1) the Secretary of the Army with respect to 

25 matters concerning the Army; 


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1 ‘‘(2) the Secretary of the Navy with respect to 

2 matters concerning the Navy or the Marine Corps; 

3 ‘‘(3) the Secretary of the Air Force with respect 

4 to matters concerning the Air Force; and 

5 ‘‘(4) the Secretary of Defense with respect to 

6 matters concerning the Coast Guard, or the Sec7 retary of Homeland Security when it is not oper8 ating as a service in the Navy.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘16138. Transfer of entitlement to educational assistance.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) TIME LIMITATION.—Section 16133(a) of 

14 such title is amended by inserting ‘‘and section 

15 16138 of this title’’ after ‘‘subsection (b)’’. 

16 (2) BIENNIAL REPORT.—Section 16137 of such 

17 title is amended by inserting after the second sen18 tence the following: ‘‘Each such report shall also in19 clude the number of members of the Selected Re20 serve of the Ready Reserve of each armed force 

21 transferring entitlement to educational assistance 

22 under section 16138.’’. 

Æ 


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