I 

113TH CONGRESS 

2D SESSION H. R. 5273 

To amend title 38, United States Code, to expand the authority of veterans 

to transfer entitlement to Post-9/11 Educational Assistance to dependents. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

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

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to expand the authority of veterans to transfer entitlement to Post-9/ 

11 Educational Assistance to dependents. 

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 ‘‘Post-9/11 Veterans 

5 Education Fairness Act’’. 


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1 SEC. 2. EXPANSION OF AUTHORITY OF VETERANS TO 

2 TRANSFER ENTITLEMENT TO POST-9/11 EDU3 CATIONAL ASSISTANCE TO DEPENDENTS. 

4 (a) TRANSFER AUTHORIZED.—Subsection (b) of sec5 tion 3319 of title 38, United States Code, is amended to 

6 read as follows: 

7 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re8 ferred to in subsection (a) is an individual who, at the 

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

10 entitlement to educational assistance under this section, 

11 meets any of the following: 

12 ‘‘(1) With respect to a member of the uni13 formed services, has completed at least— 

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

15 Forces and enters into an agreement to serve at 

16 least four more years as a member of the uni17 formed services; or 

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

19 regulations pursuant to subsection (j). 

20 ‘‘(2) With respect to a former member who is 

21 entitled to retired pay by reason of service in the 

22 uniformed services (or would be so entitled but for 

23 the fact that the member has not attained a certain 

24 age), is entitled to educational assistance under this 

25 chapter by reason of paragraph (1) or (2) of section 

26 3311(b) of this title. 


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1 ‘‘(3) With respect to a former member of a re2 serve component, is entitled to educational assist3 ance under this chapter by reason of paragraph (1) 

4 or (2) of section 3311(b) of this title.’’. 

5 (b) TIME FOR TRANSFER.—Subsection (f)(1) of such 

6 section is amended to read as follows: 

7 ‘‘(1) TIME FOR TRANSFER.— 

8 ‘‘(A) MEMBERS.—Subject to the time limi9 tation for use of entitlement under section 

10 3321, an individual described in subsection 

11 (b)(1) who is approved to transfer entitlement 

12 to educational assistance under this section may 

13 transfer such entitlement only while serving as 

14 a member of the Armed Forces when the trans15 fer is executed. 

16 ‘‘(B) FORMER MEMBERS.—Subject to the 

17 time limitation for use of entitlement under sec18 tion 3321, an individual described in paragraph 

19 (2) or (3) of subsection (b) who is approved to 

20 transfer entitlement to educational assistance 

21 under this section may transfer such entitle22 ment only during the 15-year period beginning 

23 on the date of the last discharge or release of 

24 the individual from the uniformed services.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this Act shall take effect 180 days after the date of the 

3 enactment of this Act. 

Æ 


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