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specify, for each college or university so listed, appropriate 
information on the agreement between the Secretary and 
such college or university under subsection (c). 
‘‘§ 3318. Additional assistance: relocation or travel as-
sistance for individual relocating or trav-
eling significant distance for pursuit of a 
program of education 
‘‘(a) ADDITIONAL ASSISTANCE.—Each individual de-
scribed in subsection (b) shall be paid additional assistance 
under this section in the amount of $500. 
‘‘(b) COVERED INDIVIDUALS.—An individual described 
in this subsection is any individual entitled to educational 
assistance under this chapter— 
‘‘(1) who resides in a county (or similar entity 
utilized by the Bureau of the Census) with less than 
seven persons per square mile, according to the most 
recent decennial Census; and 
‘‘(2) who— 
‘‘(A) physically relocates a distance of at 
least 500 miles in order to pursue a program of 
education for which the individual utilizes edu-
cational assistance under this chapter; or 
‘‘(B) travels by air to physically attend an 
institution of higher education for pursuit of 
such a program of education because the indi-
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•HR 2642 EAH2 
vidual cannot travel to such institution by auto-
mobile or other established form of transpor-
tation due to an absence of road or other infra-
structure. 
‘‘(c) PROOF OF RESIDENCE.—For purposes of sub-
section (b)(1), an individual may demonstrate the individ-
ual’s place of residence utilizing any of the following: 
‘‘(1) DD Form 214, Certification of Release or 
Discharge from Active Duty. 
‘‘(2) The most recent Federal income tax return. 
‘‘(3) Such other evidence as the Secretary shall 
prescribe for purposes of this section. 
‘‘(d) SINGLE PAYMENT
OF ASSISTANCE.—An indi-
vidual is entitled to only one payment of additional assist-
ance under this section. 
‘‘(e) NO
CHARGE
AGAINST
ENTITLEMENT.—Any 
amount paid an individual under this section is in addi-
tion to any other educational assistance benefits provided 
the individual under this chapter. 
‘‘§ 3319. Authority to transfer unused education bene-
fits to family members 
‘‘(a) IN GENERAL.—Subject to the provisions of this 
section, the Secretary of Defense may authorize the Sec-
retary concerned, to promote recruitment and retention of 
members of the Armed Forces, to permit an individual de-
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•HR 2642 EAH2 
scribed in subsection (b) who is entitled to educational as-
sistance under this chapter to elect to transfer to one or 
more of the dependents specified in subsection (c) a portion 
of such individual’s entitlement to such assistance, subject 
to the limitation under subsection (d). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred 
to in subsection (a) is any member of the Armed Forces 
who, at the time of the approval of the individual’s request 
to transfer entitlement to educational assistance under this 
section, has completed at least— 
‘‘(1) six years of service in the armed forces and 
enters into an agreement to serve at least four more 
years as a member of the Armed Forces; or 
‘‘(2) the years of service as determined in regula-
tions pursuant to section (k). 
‘‘(c) ELIGIBLE DEPENDENTS.—An individual ap-
proved to transfer an entitlement to educational assistance 
under this section may transfer the individual’s entitlement 
as follows: 
‘‘(1) To the individual’s spouse. 
‘‘(2) To one or more of the individual’s children. 
‘‘(3) To a combination of the individuals referred 
to in paragraphs (1) and (2). 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The 
total number of months of entitlement transferred by a indi-
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•HR 2642 EAH2 
vidual under this section may not exceed 36 months. The 
Secretary of Defense may prescribe regulations that would 
limit the months of entitlement that may be transferred 
under this section to no less than 18 months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—An individual 
transferring an entitlement to educational assistance under 
this section shall— 
‘‘(1) designate the dependent or dependents to 
whom such entitlement is being transferred; 
‘‘(2) designate the number of months of such en-
titlement to be transferred to each such dependent; 
and 
‘‘(3) specify the period for which the transfer 
shall be effective for each dependent designated under 
paragraph (1). 
‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI-
FICATION.— 
‘‘(1) TIME FOR TRANSFER.—Subject to the time 
limitation for use of entitlement under section 3321 
an individual approved to transfer entitlement to 
educational assistance under this section may transfer 
such entitlement only while serving as a member of 
the armed forces when the transfer is executed. 
‘‘(2) MODIFICATION OR REVOCATION.— 
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‘‘(A) IN GENERAL.—An individual transfer-
ring entitlement under this section may modify 
or revoke at any time the transfer of any unused 
portion of the entitlement so transferred. 
‘‘(B) NOTICE.—The modification or revoca-
tion of the transfer of entitlement under this 
paragraph shall be made by the submittal of 
written notice of the action to both the Secretary 
concerned and the Secretary of Veterans Affairs. 
‘‘(3) PROHIBITION
ON
TREATMENT
OF
TRANS-
FERRED ENTITLEMENT AS MARITAL PROPERTY.—En-
titlement transferred under this section may not be 
treated as marital property, or the asset of a marital 
estate, subject to division in a divorce or other civil 
proceeding. 
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom 
entitlement to educational assistance is transferred under 
this section may not commence the use of the transferred 
entitlement until— 
‘‘(1) in the case of entitlement transferred to a 
spouse, the completion by the individual making the 
transfer of at least— 
‘‘(A) six years of service in the armed forces; 
or 
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•HR 2642 EAH2 
‘‘(B) the years of service as determined in 
regulations pursuant to subsection (j); or 
‘‘(2) in the case of entitlement transferred to a 
child, both— 
‘‘(A) the completion by the individual mak-
ing the transfer of at least— 
‘‘(i) ten years of service in the armed 
forces; or 
‘‘(ii) the years of service as determined 
in regulations pursuant to subsection (j); 
and 
‘‘(B) either— 
‘‘(i) the completion by the child of the 
requirements of a secondary school diploma 
(or equivalency certificate); or 
‘‘(ii) the attainment by the child of 18 
years of age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 
‘‘(1) USE.—The use of any entitlement to edu-
cational assistance transferred under this section shall 
be charged against the entitlement of the individual 
making the transfer at the rate of one month for each 
month of transferred entitlement that is used. 
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•HR 2642 EAH2 
‘‘(2) 
NATURE
OF
TRANSFERRED
ENTITLE-
MENT.—Except as provided under subsection (e)(2) 
and subject to paragraphs (5) and (6)— 
‘‘(A) in the case of entitlement transferred 
to a spouse under this section, the spouse is enti-
tled to educational assistance under this chapter 
in the same manner as the individual from 
whom the entitlement was transferred; or 
‘‘(B) in the case of entitlement transferred 
to a child under this section, the child is entitled 
to educational assistance under this chapter in 
the same manner as the individual from whom 
the entitlement was transferred as if the indi-
vidual were not on active duty. 
‘‘(3) RATE OF PAYMENT.—The monthly rate of 
educational assistance payable to a dependent to 
whom entitlement referred to in paragraph (2) is 
transferred under this section shall be payable— 
‘‘(A) in the case of a spouse, at the same 
rate as such entitlement would otherwise be pay-
able under this chapter to the individual making 
the transfer; or 
‘‘(B) in the case of a child, at the same rate 
as such entitlement would otherwise be payable 
under this chapter to the individual making the 
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•HR 2642 EAH2 
transfer as if the individual were not on active 
duty. 
‘‘(4) DEATH OF TRANSFEROR.—The death of an 
individual transferring an entitlement under this sec-
tion shall not affect the use of the entitlement by the 
dependent to whom the entitlement is transferred. 
‘‘(5) LIMITATION
ON
AGE
OF
USE
BY
CHILD 
TRANSFEREES.—A child to whom entitlement is 
transferred under this section may use the benefit 
without regard to the 15-year delimiting date, but 
may not use any entitlement so transferred after at-
taining the age of 26 years. 
‘‘(6) SCOPE
OF
USE
BY
TRANSFEREES.—The 
purposes for which a dependent to whom entitlement 
is transferred under this section may use such entitle-
ment shall include the pursuit and completion of the 
requirements of a secondary school diploma (or 
equivalency certificate). 
‘‘(7) 
ADDITIONAL
ADMINISTRATIVE
PROVI-
SIONS.—The administrative provisions of this chapter 
shall apply to the use of entitlement transferred under 
this section, except that the dependent to whom the 
entitlement is transferred shall be treated as the eligi-
ble individual for purposes of such provisions. 
‘‘(i) OVERPAYMENT.— 
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•HR 2642 EAH2 
‘‘(1) JOINT
AND
SEVERAL
LIABILITY.—In the 
event of an overpayment of educational assistance 
with respect to a dependent to whom entitlement is 
transferred under this section, the dependent and the 
individual making the transfer shall be jointly and 
severally liable to the United States for the amount 
of the overpayment for purposes of section 3685. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREE-
MENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if an individual transferring 
entitlement under this section fails to complete 
the service agreed to by the individual under 
subsection (b)(1) in accordance with the terms of 
the agreement of the individual under that sub-
section, the amount of any transferred entitle-
ment under this section that is used by a de-
pendent of the individual as of the date of such 
failure shall be treated as an overpayment of 
educational assistance under paragraph (1). 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply in the case of an individual who fails 
to complete service agreed to by the individual— 
‘‘(i) by reason of the death of the indi-
vidual; or 
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•HR 2642 EAH2 
‘‘(ii) for a reason referred to in section 
3311(c)(4). 
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in 
coordination with the Secretary of Veterans Affairs, shall 
prescribe regulations for purposes of this section. 
‘‘(2) Such regulations shall specify— 
‘‘(A) the manner of authorizing the transfer of 
entitlements under this section; 
‘‘(B) the eligibility criteria in accordance with 
subsection (b); and 
‘‘(C) the manner and effect of an election to 
modify or revoke a transfer of entitlement under sub-
section (f)(2). 
‘‘(k) SECRETARY CONCERNED DEFINED.—Notwith-
standing section 101(25), in this section, the term ‘Sec-
retary concerned’ means— 
‘‘(1) the Secretary of the Army with respect to 
matters concerning the Army; 
‘‘(2) the Secretary of the Navy with respect to 
matters concerning the Navy or the Marine Corps; 
‘‘(3) the Secretary of the Air Force with respect 
to matters concerning the Air Force; and 
‘‘(4) the Secretary of Defense with respect to 
matters concerning the Coast Guard, or the Secretary 
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•HR 2642 EAH2 
of Homeland Security when it is not operating as a 
service in the Navy. 
‘‘SUBCHAPTER III—ADMINISTRATIVE 
PROVISIONS 
‘‘§ 3321. Time limitation for use of and eligibility for 
entitlement 
‘‘(a) IN GENERAL.—Except as provided in this section, 
the period during which an individual entitled to edu-
cational assistance under this chapter may use such indi-
vidual’s entitlement expires at the end of the 15-year period 
beginning on the date of such individual’s last discharge 
or release from active duty. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) APPLICABILITY OF SECTION 3031 TO RUN-
NING OF PERIOD.—Subsections (b), (c), and (d) of sec-
tion 3031 shall apply with respect to the running of 
the 15-year period described in subsection (a) of this 
section in the same manner as such subsections apply 
under section 3031 with respect to the running of the 
10-year period described in section 3031(a). 
‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMI-
NATION.—Section 3031(f) shall apply with respect to 
the termination of an individual’s entitlement to edu-
cational assistance under this chapter in the same 
manner as such section applies to the termination of 
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•HR 2642 EAH2 
an individual’s entitlement to educational assistance 
under chapter 30, except that, in the administration 
of such section for purposes of this chapter, the ref-
erence to section 3013 shall be deemed to be a ref-
erence to 3312. 
‘‘(3) DETERMINATION OF LAST DISCHARGE OR 
RELEASE.—For purposes of subsection (a), an indi-
vidual’s last discharge or release from active duty 
shall not include any discharge or release from a pe-
riod of active duty of less than 90 days of continuous 
service, unless the individual is discharged or released 
as described in section 3311(b)(2). 
‘‘§ 3322. Bar to duplication of educational assistance 
benefits 
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter who is also eligible 
for educational assistance under chapter 30, 31, 32, or 35 
of this title, chapter 107, 1606, or 1607 of title 10, or the 
provisions of the Hostage Relief Act of 1980 (Public Law 
96–449; 5 U.S.C. 5561 note) may not receive assistance 
under two or more such programs concurrently, but shall 
elect (in such form and manner as the Secretary may pre-
scribe) under which chapter or provisions to receive edu-
cational assistance. 
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‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER 
EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period of 
service counted for purposes of repayment of an education 
loan under chapter 109 of title 10 may not be counted as 
a period of service for entitlement to educational assistance 
under this chapter. 
‘‘(c) SERVICE IN SELECTED RESERVE.—An individual 
who serves in the Selected Reserve may receive credit for 
such service under only one of this chapter, chapter 30 of 
this title, and chapters 1606 and 1607 of title 10, and shall 
elect (in such form and manner as the Secretary may pre-
scribe) under which chapter such service is to be credited. 
‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the 
case of an individual entitled to educational assistance 
under chapter 30, 31, 32, or 35 of this title, chapter 107, 
1606, or 1607 of title 10, or the provisions of the Hostage 
Relief Act of 1980, or making contributions toward entitle-
ment to educational assistance under chapter 30 of this 
title, as of August 1, 2009, coordination of entitlement to 
educational assistance under this chapter, on the one hand, 
and such chapters or provisions, on the other, shall be gov-
erned by the provisions of section 5003(c) of the Post-9/11 
Veterans Educational Assistance Act of 2008. 
‘‘§ 3323. Administration 
‘‘(a) IN GENERAL.— 
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•HR 2642 EAH2 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this chapter, the provisions specified in section 
3034(a)(1) shall apply to the provision of educational 
assistance under this chapter. 
‘‘(2) SPECIAL RULE.—In applying the provisions 
referred to in paragraph (1) to an individual entitled 
to educational assistance under this chapter for pur-
poses of this section, the reference in such provisions 
to the term ‘eligible veteran’ shall be deemed to refer 
to an individual entitled to educational assistance 
under this chapter. 
‘‘(3) RULE FOR APPLYING SECTION 3474.—In ap-
plying section 3474 to an individual entitled to edu-
cational assistance under this chapter for purposes of 
this section, the reference in such section 3474 to the 
term ‘educational assistance allowance’ shall be 
deemed to refer to educational assistance payable 
under section 3313. 
‘‘(4) RULE FOR APPLYING SECTION 3482.—In ap-
plying section 3482(g) to an individual entitled to 
educational assistance under this chapter for purposes 
of this section— 
‘‘(A) the first reference to the term ‘edu-
cational assistance allowance’ in such section 
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•HR 2642 EAH2 
3482(g) shall be deemed to refer to educational 
assistance payable under section 3313; and 
‘‘(B) the first sentence of paragraph (1) of 
such section 3482(g) shall be applied as if such 
sentence ended with ‘equipment’. 
‘‘(b) INFORMATION ON BENEFITS.— 
‘‘(1) TIMING
FOR
PROVIDING.—The Secretary 
shall provide the information described in paragraph 
(2) to each member of the Armed Forces at such times 
as the Secretary and the Secretary of Defense shall 
jointly prescribe in regulations. 
‘‘(2) DESCRIPTION OF INFORMATION.—The infor-
mation described in this paragraph is information on 
benefits, limitations, procedures, eligibility require-
ments (including time-in-service requirements), and 
other important aspects of educational assistance 
under this chapter, including application forms for 
such assistance under section 5102. 
‘‘(3) TO
WHOM
PROVIDED.—The Secretary of 
Veterans Affairs shall furnish the information and 
forms described in paragraph (2), and other edu-
cational materials on educational assistance under 
this chapter, to educational institutions, training es-
tablishments, military education personnel, and such 
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•HR 2642 EAH2 
other persons and entities as the Secretary considers 
appropriate. 
‘‘(c) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
regulations for the administration of this chapter. 
‘‘(2) UNIFORMITY.—Any regulations prescribed 
by the Secretary of Defense for purposes of this chap-
ter shall apply uniformly across the Armed Forces. 
‘‘§ 3324. Allocation of administration and costs 
‘‘(a) ADMINISTRATION.—Except as otherwise provided 
in this chapter, the Secretary shall administer the provision 
of educational assistance under this chapter. 
‘‘(b) COSTS.—Payments for entitlement to educational 
assistance earned under this chapter shall be made from 
funds appropriated to, or otherwise made available to, the 
Department for the payment of readjustment benefits.’’. 
(2) CLERICAL
AMENDMENTS.—The tables of 
chapters at the beginning of title 38, United States 
Code, and at the beginning of part III of such title, 
are each amended by inserting after the item relating 
to chapter 32 the following new item: 
‘‘33. Post-9/11 Educational Assistance ........................................... 3301.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS RELATING
TO DUPLICATION 
OF BENEFITS.— 
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•HR 2642 EAH2 
(A) Section 3033 of title 38, United States 
Code, is amended— 
(i) in subsection (a)(1) by inserting 
‘‘33,’’ after ‘‘32,’’; and 
(ii) in subsection (c) by striking ‘‘both 
the program established by this chapter and 
the program established by chapter 106 of 
title 10’’ and inserting ‘‘two or more of the 
programs established by this chapter, chap-
ter 33 of this title, and chapters 1606 and 
1607 of title 10’’. 
(B) Paragraph (4) of section 3695(a) of 
such title is amended to read as follows: 
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36.’’. 
(C) Section 16163(e) of title 10, United 
States Code, is amended by inserting ‘‘33,’’ after 
‘‘32,’’. 
(2) ADDITIONAL CONFORMING AMENDMENTS.— 
(A) Title 38, United States Code, is further 
amended by inserting ‘‘33,’’ after ‘‘32,’’ each 
place it appears in the following provisions: 
(i) In subsections (b) and (e)(1) of sec-
tion 3485. 
(ii) In section 3688(b). 
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