[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3657 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3657

 To amend title 38, United States Code, to provide for members of the 
  United States Public Health Service and National Oceanographic and 
  Atmospheric Administration Corps to transfer unused benefits under 
  Post-9/11 Educational Assistance Program to family members, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2009

Mr. Rodriguez introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to provide for members of the 
  United States Public Health Service and National Oceanographic and 
  Atmospheric Administration Corps to transfer unused benefits under 
  Post-9/11 Educational Assistance Program to family members, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY OF MEMBERS OF THE UNITED STATES PUBLIC HEALTH 
              SERVICE AND NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC 
              ADMINISTRATION CORPS TO TRANSFER UNUSED BENEFITS UNDER 
              POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM TO FAMILY 
              MEMBERS.

    (a) In General.--Section 3319 of title 38, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) Authority To Transfer.--
            ``(1) Members of the armed forces.--Subject to the 
        provisions of this section, the Secretary of Defense, in order 
        to promote the recruitment and retention of members of the 
        Armed Forces, may authorize the Secretary concerned to permit 
        an individual described in subsection (b)(1) who is entitled to 
        educational assistance 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).
            ``(2) Members of the united states public health service.--
        Subject to the provisions of this section, in order to promote 
        the recruitment and retention of members of the United States 
        Public Health Service, the Secretary of Health and Human 
        Services may permit an individual described in subsection 
        (b)(2) who is entitled to educational assistance 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).
            ``(3) Members of the national oceanographic and atmospheric 
        administration corps.--Subject to the provisions of this 
        section, in order to promote the recruitment and retention of 
        members of the National Oceanographic and Atmospheric 
        Administration Corps, the Secretary of Commerce may permit an 
        individual described in subsection (b)(3) who is entitled to 
        educational assistance 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).'';
            (2) by striking subsection (b) and inserting the following 
        new subsection (b):
    ``(b) Eligible Individuals.--For purposes of this section, an 
eligible individual is any of the following:
            ``(1) A 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--
                    ``(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 Armed Forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to section (k).
            ``(2) A member of the United States Public Health Service 
        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--
                    ``(A) six years of service in the United States 
                Public Health Service and enters into an agreement to 
                serve at least four more years as a member of the 
                United States Public Health Service; or
                    ``(B) the years of service as determined in 
                regulations pursuant to section (k).
            ``(3) A member of the National Oceanographic and 
        Atmospheric Administration Corps 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--
                    ``(A) six years of service in the National 
                Oceanographic and Atmospheric Administration Corps and 
                enters into an agreement to serve at least four more 
                years as a member of the National Oceanographic and 
                Atmospheric Administration Corps; or
                    ``(B) the years of service as determined in 
                regulations pursuant to section (k).'';
            (3) in the second sentence of subsection (d), by striking 
        ``Secretary of Defense'' and inserting ``, the appropriate 
        Secretary'';
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``armed forces'' 
                and inserting ``Armed Forces, member of the United 
                States Public Health Service, or member of the National 
                Oceanographic and Atmospheric Administration Corps, as 
                the case may be,''; and
                    (B) in paragraph (2), by striking ``Secretary 
                concerned'' and inserting ``appropriate Secretary'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A), by striking ``in the armed 
                forces'' and inserting ``in the Armed Forces, United 
                States Public Health Service, or National Oceanographic 
                and Atmospheric Administration Corps, as the case may 
                be,''; and
                    (B) in paragraph (2)(A)(i), by striking ``in the 
                armed forces'' and inserting ``in the Armed Forces, 
                United States Public Health Service, or National 
                Oceanographic and Atmospheric Administration Corps, as 
                the case may be,'';
            (6) in subsection (h)--
                    (A) in paragraph (2)(B), by inserting before ``as 
                if the individual were not on active duty'' the 
                following: ``, and in the case of a member of the Armed 
                Forces,'';
                    (B) in paragraph (3)(B), by inserting before ``as 
                if the individual were not on active duty'' the 
                following: ``, and in the case of a member of the Armed 
                Forces,''; and
                    (C) in paragraph (2)(A)(i), by striking ``in the 
                armed forces'' and inserting ``in the Armed Forces, 
                United States Public Health Service, or National 
                Oceanographic and Atmospheric Administration Corps, as 
                the case may be,'';
            (7) in subsection (i)(2)(A), by striking ``subsection 
        (b)(1)'' and inserting ``paragraph (1)(A), (2)(A), or (3)(A) of 
        subsection (b)'';
            (8) in subsection (j), by striking ``Secretary of Defense'' 
        the following: ``appropriate Secretary''; and
            (9) by inserting after subsection (k) and inserting the 
        following new subsection:
    ``(l) Appropriate Secretary Defined.--In this section, the term 
`appropriate Secretary' means--
            ``(1) the Secretary of Defense with respect to matters 
        concerning members of the Armed Forces;
            ``(2) the Secretary of Health and Human Services with 
        respect to matters concerning the United States Public Health 
        Service; and
            ``(3) the Secretary of Commerce with respect to matters 
        concerning the National Oceanographic and Atmospheric 
        Administration Corps.''.
    (b) Effective Date.--The amendments made by this Act shall take 
effect as if included in the enactment of the Post-9/11 Veterans 
Educational Assistance Act of 2008 (title V of Public Law 110-252).
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