[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 883 Introduced in House (IH)]

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 Assistance Program, 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 ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
              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 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), 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 
        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 new 
                subparagraph:
                    ``(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) 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.
                            ``(ii) Extended period of eligibility.--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 
                                Secretary concerned determines special 
                                circumstances exist.
                            ``(iii) Alternative period of 
                        eligibility.--In the case of an individual 
                        described in clause (i) who is discharged or 
                        released from active duty in the Armed Forces 
                        on or after August 1, 2009, but before the date 
                        of the enactment of this subparagraph, the 
                        extended period of eligibility described in 
                        clause (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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