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 service- 
connected 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 As-
sistance Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SERVICE-CONNECTED DEATH, DISABILITY, OR 
INJURY EXCEPTION FOR TRANSFERABILITY 
OF ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE UNDER THE POST-9/11 EDUCATIONAL 
ASSISTANCE PROGRAM. 
Section 3319 of title 38, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘(b) ELIGIBLE INDIVID-
UALS.—An individual,’’ and inserting the fol-
lowing: 
‘‘(b) ELIGIBLE INDIVIDUALS.— 
‘‘(1) IN GENERAL.—An individual’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and moving them two ems to the right; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) APPROVAL
AFTER
DEATH
IN
LINE
OF 
DUTY.—Notwithstanding the service requirements 
under paragraph (1), an individual referred to in 
subsection (a) shall also include an individual who 
elected to transfer educational assistance as de-
scribed in subsection (a) but whose application for 
such transfer was not approved before such indi-
vidual died in line of duty.’’; and 
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(2) in subsection (f)— 
(A) by striking ‘‘(1) TIME
FOR
TRANS-
FER.—Subject to’’ and inserting the following: 
‘‘(1) TIME FOR TRANSFER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) and subject to’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) EXCEPTION.— 
‘‘(i) TIME FOR TRANSFER FOR SERV-
ICE-CONNECTED DISABILITY OR INJURY IN 
LINE OF DUTY.—The limitation under sub-
paragraph (A) with respect to the time to 
transfer entitlement benefits under this 
section shall not apply if an individual is 
discharged or released from active duty in 
the Armed Forces in accordance with sec-
tion 3311(c) of this title— 
‘‘(I) due to a service-connected 
disability; or 
‘‘(II) after sustaining an injury 
in line of duty that requires hospital, 
nursing home, or domiciliary care or 
treatment. 
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‘‘(ii) EXTENDED
PERIOD
OF
ELIGI-
BILITY.—An individual referred to in 
clause (i) may transfer entitlement benefits 
under this section— 
‘‘(I) before the end of the 36- 
month period beginning on the date of 
the individual’s discharge or release 
from active duty in the Armed Forces; 
or 
‘‘(II) before the end of the 48- 
month period beginning on the date of 
such discharge or release if the Sec-
retary concerned determines special 
circumstances exist. 
‘‘(iii) ALTERNATIVE PERIOD OF ELIGI-
BILITY.—In the case of an individual de-
scribed in clause (i) who is discharged or 
released from active duty in the Armed 
Forces on or after August 1, 2009, but be-
fore the date of the enactment of this sub-
paragraph, the extended period of eligi-
bility described in clause (ii) shall begin on 
the date of the enactment of this subpara-
graph. 
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‘‘(C) ADDITIONAL OPPORTUNITY TO MAKE 
ELECTION.—An individual described in sub-
paragraph (B)(i) may elect to transfer the indi-
vidual’s entitlement under subsection (a), or to 
make changes to the dependent or dependents 
designated as the transferee or transferees of 
the individual’s entitlement under this section, 
one or more times during the time period re-
ferred to in subparagraph (B)(ii).’’. 
SEC. 2. EFFECTIVE DATE. 
The amendments made by this Act to section 3319 
of title 38, United States Code, shall apply with respect 
to individuals who became eligible to transfer benefits 
under such section on or after August 1, 2009. 
Æ 
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