[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2002

 To amend title 38, United States Code, to permit disabled or injured 
     members of the Armed Forces to transfer Post 9/11 Educational 
     Assistance benefits after retirement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to permit disabled or injured 
     members of the Armed Forces to transfer Post 9/11 Educational 
     Assistance benefits after retirement, 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. SERVICE-CONNECTED DEATH, DISABILITY, OR INJURY EXCEPTION FOR 
              TRANSFERABILITY OF POST 9/11 VETERANS EDUCATIONAL 
              ASSISTANCE BENEFITS.

    Section 3319 of title 38, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``(b) Eligible Individuals.--An 
                individual,'' and inserting the following:
    ``(b) Eligible Individuals.--
            ``(1) In general.--An individual'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B) 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 
        described in subsection (a) but whose application for such 
        transfer was not approved before such individual died in line 
        of duty.''; and
            (2) in subsection (f)--
                    (A) by striking ``(1) Time for transfer.--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:
                    ``(B) Exception.--
                            ``(i) Time for transfer for service-
                        connected disability or injury in line of 
                        duty.--The limitation under subparagraph (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 section 3311(c)--
                                    ``(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.
                            ``(ii) Extended period of eligibility.--
                        Such individuals may transfer entitlement 
                        benefits under this section--
                                    ``(I) before the end of the 36-
                                month period beginning on the date of 
                                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 
                                Secretary concerned determines special 
                                circumstances exist.
                            ``(iii) Alternative period of 
                        eligibility.--For individuals described in 
                        subparagraph (B)(i) who were discharged or 
                        released from active duty in the Armed Forces 
                        after August 1, 2009 but before the date of the 
                        enactment of this subparagraph, the extended 
                        periods of eligibility described in 
                        subparagraph (ii) shall begin on the date of 
                        the enactment of this subparagraph.
                    ``(C) Additional opportunity to make election.--An 
                individual described in subparagraph (B)(i) may elect 
                to transfer the individual'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 referred 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.
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