I 
110TH CONGRESS 
1ST SESSION 
H. R. 81 
To amend title 38, United States Code, to provide that members of the 
Armed Forces and Selected Reserve may transfer certain educational 
assistance benefits to dependents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2007 
Mr. BARTLETT of Maryland introduced the following bill; which was referred 
to the Committee on Veterans’ Affairs, and in addition to the Committee 
on Armed Services, 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 provide that 
members of the Armed Forces and Selected Reserve may 
transfer certain educational assistance benefits to de-
pendents, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Bartlett Montgomery GI Bill Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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‘‘(1) designate the dependent or dependents to 
whom such entitlement is being transferred; 
‘‘(2) designate the number of months of such 
entitlement to be transferred to each such depend-
ent; and 
‘‘(3) specify the period for which the transfer 
shall be effective for each such dependent. 
‘‘(e) REVOCATION
AND MODIFICATION.—An indi-
vidual transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused 
portion of the entitlement so transferred. The modification 
or revocation of the transfer of entitlement under this sub-
section shall be made by the submittal of written notice 
of the action to both the Secretary concerned and the Sec-
retary of Veterans Affairs. 
‘‘(f) COMMENCEMENT OF USE.—If the dependent to 
whom entitlement is transferred under this section is a 
child, the use of the transferred entitlement may not com-
mence until the child— 
‘‘(1) completes the requirements of a secondary 
school diploma (or equivalency certificate); or 
‘‘(2) attains 18 years of age. 
‘‘(g) TIME LIMITATION FOR USE OF ELIGIBILITY 
AND ENTITLEMENT.—Notwithstanding section 3031 of 
this title, and subject to subsection (d)(3), a dependent 
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to whom entitlement is transferred under this section may 
use such entitlement not later than the expiration date of 
a 15-year period beginning on the commencement date of 
the period described in section 3031 of this title that is 
applicable to the individual who transferred such entitle-
ment to the dependent. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) 
The use of any entitlement 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. 
‘‘(2) Except as provided under paragraphs (2) and 
(3) of subsection (d) and subsection (g), and subject to 
paragraph (5), a dependent to whom entitlement is trans-
ferred under this section is entitled to basic educational 
assistance under this subchapter in the same manner as 
the individual from whom entitlement was transferred. 
‘‘(3)(A) Subject to subparagraph (B), the monthly 
rate of educational assistance payable to a dependent to 
whom entitlement is transferred under this section shall 
be the monthly amount payable under sections 3015 and 
3022 of this title to the individual making the transfer. 
‘‘(B) The monthly rate of assistance payable to a de-
pendent under subparagraph (A) shall be subject to the 
provisions of section 3032 of this title, except that the pro-
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visions of subsection (a)(1) of that section shall not apply 
even if the individual making the transfer to the dependent 
under this section is on active duty during all or any part 
of enrollment period of the dependent in which such enti-
tlement is used. 
‘‘(4) The death of an individual transferring entitle-
ment under this section shall not affect the use of the 
transferred entitlement by the dependent to whom entitle-
ment is transferred. 
‘‘(5) Notwithstanding subsection (g) and section 
3031 of this title, a child to whom entitlement is trans-
ferred under this section may not use any entitlement so 
transferred after attaining the age of 26 years. 
‘‘(6) Except as provided in subsection (f), the pur-
poses for which a dependent to whom entitlement is trans-
ferred under this section may use such entitlement shall 
include the pursuit and completion of the requirements of 
a secondary school diploma (or equivalency certificate). 
‘‘(i) OVERPAYMENT.—In the event of an overpayment 
of basic 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 
of this title. 
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‘‘(j) AUTHORITY FOR CERTAIN INDIVIDUALS WHO 
OPTED OUT OF EDUCATIONAL ASSISTANCE TO TRANS-
FER ENTITLEMENT.—(1) Subject to the succeeding provi-
sions of this subsection, a specified individual may elect 
to transfer to one or more of the dependents specified in 
subsection (c) such individual’s entitlement to such assist-
ance in the same manner, and under the same terms and 
conditions, that apply to an individual referred to in sub-
section (a). 
‘‘(2) For purposes of this subsection, the term ‘speci-
fied individual’ means an individual— 
‘‘(A) who made an election under section 
3011(c)(1) or 3012(d)(1) of this title, as the case 
may be; 
‘‘(B) who withdraws such election (in a form 
and manner determined by the Secretary concerned) 
not later than one year after the date of the enact-
ment of the Bartlett Montgomery GI Bill Act; 
‘‘(C) whose conditional delimiting period (as de-
scribed in paragraph (3)) has not expired; and 
‘‘(D) from whom the Secretary has reduced 
basic pay or collected payment as provided in para-
graph (4). 
‘‘(3) The conditional delimiting period referred to in 
paragraph (2)(C) is the period described in section 3031 
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of this title that would have been applicable to such indi-
vidual but for the election made by the individual under 
section 3011(c)(1) or 3012(d)(1) of this title, as the case 
may be. 
‘‘(4)(A) Subject to subparagraph (B), with respect to 
a specified individual who withdraws an election under 
paragraph (2)(B) to transfer entitlement to basic edu-
cational assistance under this subchapter, the basic pay 
of the specified individual shall be reduced (in a manner 
determined by the Secretary concerned) until the total 
amount by which such basic pay is reduced is $1,200. 
‘‘(B) To the extent that basic pay is not reduced 
under subparagraph (A) before the specified individual’s 
discharge or release from active duty, at the election of 
the specified individual— 
‘‘(i) the Secretary concerned shall collect from 
the specified individual; or 
‘‘(ii) the Secretary concerned shall reduce the 
retired or retainer pay of the specified individual by, 
an amount equal to the difference between $1,200 and the 
total amount of reductions under subparagraph (A), which 
shall be paid into the Treasury of the United States as 
miscellaneous receipts. 
‘‘(5) A specified individual may only transfer, and 
may not use, entitlement under this chapter. 
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‘‘(6) In carrying out this subsection— 
‘‘(A) the reference in subsection (a) to ‘not 
later than the expiration date of the period described 
in section 3031 of this title’ is deemed to be a ref-
erence to ‘during the one year period beginning on 
the date of the enactment of the Bartlett Mont-
gomery GI Bill Act’; and 
‘‘(B) the reference in subsection (f) to ‘com-
mencement date of the period described in section 
3031 of this title’ is deemed to be a reference to the 
‘commencement date of the conditional delimiting 
period under subsection (i)(3)’. 
‘‘(k) REGULATIONS.—The Secretaries concerned 
shall prescribe regulations for purposes of this section. 
‘‘(l) ANNUAL REPORT.—Not later than January 31 
each year (beginning in 2008), the Secretary of Defense, 
in consultation with the other Secretaries concerned, shall 
submit to the Committees on Armed Services and the 
Committees on Veterans’ Affairs of the Senate and House 
of Representatives a report on the number of individuals 
transferring entitlement to educational assistance under 
this section during the preceding fiscal year. 
‘‘(m) SECRETARY CONCERNED DEFINED.—Notwith-
standing section 101(25) of this title, in this section the 
term ‘Secretary concerned’ means— 
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