[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2327

   To amend title 38, United States Code, to modify the eligibility 
     requirements for transfer of unused entitlement to Post-9/11 
            Educational Assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2019

Mr. Blumenthal (for himself, Mr. Brown, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to modify the eligibility 
     requirements for transfer of unused entitlement to Post-9/11 
            Educational Assistance, 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. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR TRANSFER OF 
              UNUSED ENTITLEMENT TO POST-9/11 EDUCATIONAL ASSISTANCE.

    (a) Modification of Eligibility Requirements.--
            (1) In general.--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--
            ``(1) has completed at least 10 years of service in the 
        uniformed services, not fewer than six of which were service in 
        the Armed Forces;
            ``(2) is a member of the uniformed services who--
                    ``(A) is not an individual described in paragraph 
                (1);
                    ``(B) has served at least six years in the Armed 
                Forces; and
                    ``(C) enters into an agreement to serve as a member 
                of the uniformed services for a period that is no less 
                than the difference between--
                            ``(i) 10 years; and
                            ``(ii) the period the individual has 
                        already served in the uniformed services; or
            ``(3) is described in section 3311(b)(10).''.
            (2) Conforming amendments.--Such section is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (2); and
                            (ii) in paragraph (1), by striking ``(1)'';
                    (B) in subsection (i)(2), by striking ``under 
                subsection (b)(1)'' and inserting ``under subsection 
                (b)(2)(C)''; and
                    (C) in subsection (j)(2)--
                            (i) in subparagraph (A), by inserting 
                        ``and'' after the semicolon;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B).
    (b) Modification of Time To Transfer.--
            (1) In general.--Paragraph (1) of subsection (f) of such 
        section is amended to read as follows:
            ``(1) Time for transfer.--Subject to the time limitation 
        for use of entitlement under section 3321 of this title, and 
        except as provided in subsection (k), an individual approved to 
        transfer entitlement to educational assistance under this 
        section may transfer such entitlement at any time.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) by amending subsection (g) to read as follows:
    ``(g) Commencement of Use.--If a dependent to whom entitlement to 
educational assistance is transferred under this section is a child, 
the dependent may not commence the use of the transferred entitlement 
until either--
            ``(1) the completion by the child of the requirements of a 
        secondary school diploma (or equivalency certificate); or
            ``(2) the attainment by the child of 18 years of age.'';
                    (B) by striking subsection (k); and
                    (C) by redesignating subsection (l) as subsection 
                (k).
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