II 

116TH CONGRESS 

1ST SESSION S. 2327 

To amend title 38, United States Code, to modify the eligibility requirements 

for transfer of unused entitlement to Post-9/11 Educational Assistance, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2019 

Mr. BLUMENTHAL (for himself, Mr. BROWN, and Mr. TESTER) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to modify the eligibility requirements for transfer of unused entitlement 

to Post-9/11 Educational Assistance, 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. MODIFICATION OF ELIGIBILITY REQUIRE4 MENTS FOR TRANSFER OF UNUSED ENTITLE5 MENT TO POST-9/11 EDUCATIONAL ASSIST6 ANCE. 

7 (a) MODIFICATION OF ELIGIBILITY REQUIRE8 MENTS.— 


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•S 2327 IS

1 (1) IN GENERAL.—Subsection (b) of section 

2 3319 of title 38, United States Code, is amended to 

3 read as follows: 

4 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re5 ferred to in subsection (a) is an individual who, at the 

6 time of the approval of the individual’s request to transfer 

7 entitlement to educational assistance under this section— 

8 ‘‘(1) has completed at least 10 years of service 

9 in the uniformed services, not fewer than six of 

10 which were service in the Armed Forces; 

11 ‘‘(2) is a member of the uniformed services 

12 who— 

13 ‘‘(A) is not an individual described in para14 graph (1); 

15 ‘‘(B) has served at least six years in the 

16 Armed Forces; and 

17 ‘‘(C) enters into an agreement to serve as 

18 a member of the uniformed services for a period 

19 that is no less than the difference between— 

20 ‘‘(i) 10 years; and 

21 ‘‘(ii) the period the individual has al22 ready served in the uniformed services; or 

23 ‘‘(3) is described in section 3311(b)(10).’’. 

24 (2) CONFORMING AMENDMENTS.—Such section 

25 is amended— 


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•S 2327 IS

1 (A) in subsection (a)— 

2 (i) by striking paragraph (2); and 

3 (ii) in paragraph (1), by striking 

4 ‘‘(1)’’; 

5 (B) in subsection (i)(2), by striking ‘‘under 

6 subsection (b)(1)’’ and inserting ‘‘under sub7 section (b)(2)(C)’’; and 

8 (C) in subsection (j)(2)— 

9 (i) in subparagraph (A), by inserting 

10 ‘‘and’’ after the semicolon; 

11 (ii) by striking subparagraph (B); and 

12 (iii) by redesignating subparagraph 

13 (C) as subparagraph (B). 

14 (b) MODIFICATION OF TIME TO TRANSFER.— 

15 (1) IN GENERAL.—Paragraph (1) of subsection 

16 (f) of such section is amended to read as follows: 

17 ‘‘(1) TIME FOR TRANSFER.—Subject to the 

18 time limitation for use of entitlement under section 

19 3321 of this title, and except as provided in sub20 section (k), an individual approved to transfer enti21 tlement to educational assistance under this section 

22 may transfer such entitlement at any time.’’. 

23 (2) CONFORMING AMENDMENTS.—Such section 

24 is further amended— 


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•S 2327 IS

1 (A) by amending subsection (g) to read as 

2 follows: 

3 ‘‘(g) COMMENCEMENT OF USE.—If a dependent to 

4 whom entitlement to educational assistance is transferred 

5 under this section is a child, the dependent may not com6 mence the use of the transferred entitlement until either— 

7 ‘‘(1) the completion by the child of the require8 ments of a secondary school diploma (or equivalency 

9 certificate); or 

10 ‘‘(2) the attainment by the child of 18 years of 

11 age.’’; 

12 (B) by striking subsection (k); and 

13 (C) by redesignating subsection (l) as sub14 section (k). 

Æ 


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