Library / Laws / 113th / hr / H.R. 5273 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5273
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.
Short title
This Act may be cited as the Post-9/11 Veterans Education Fairness Act.
2.
Expansion of authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to
dependents
(a)
Transfer authorized
Subsection (b) of section 3319 of title 38, United States Code, is amended to read as follows:
(b)
Eligible individuals
An individual referred to in subsection (a) is an individual who, at the time of the approval of
the individual's request to transfer entitlement to educational assistance
under this section, meets any of the following:
(1) With respect to a member of the uniformed services, has completed at least—
(A) 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 uniformed services; or
(B) the years of service as determined in regulations pursuant to subsection (j).
(2) With respect to a former member who is entitled to retired pay by reason of service in the
uniformed services (or would be so entitled but for the fact that the
member has not attained a certain age), is entitled to educational
assistance under this chapter by reason of paragraph (1) or (2) of section
3311(b) of this title.
(3) With respect to a former member of a reserve component, is entitled to educational assistance under
this chapter by reason of paragraph (1) or (2) of section 3311(b) of this
title.
.
(b)
Time for Transfer
Subsection (f)(1) of such section is amended to read as follows:
(1)
Time for Transfer
(A)
Members
Subject to the time limitation for use of entitlement under section 3321, an individual described
in subsection (b)(1) who is 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.
(B)
Former members
Subject to the time limitation for use of entitlement under section 3321, an individual described
in paragraph (2) or (3) of subsection (b) who is approved to transfer
entitlement to educational assistance under this section may transfer such
entitlement only during the 15-year period beginning on the date of the
last discharge or release of the individual from the uniformed services.
.
(c)
Effective date
The amendments made by this Act shall take effect 180 days after the date of the enactment of this
Act.