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II
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 eligi-
bility requirements for transfer of unused entitlement
to Post-9/11 Educational Assistance, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. MODIFICATION OF ELIGIBILITY REQUIRE-
3
MENTS FOR TRANSFER OF UNUSED ENTITLE-
4
MENT TO POST-9/11 EDUCATIONAL ASSIST-
5
ANCE.
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(a)
MODIFICATION
OF
ELIGIBILITY
REQUIRE-
7
MENTS.—
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•S 2327 IS
(1) IN
GENERAL.—Subsection (b) of section
1
3319 of title 38, United States Code, is amended to
2
read as follows:
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‘‘(b) ELIGIBLE
INDIVIDUALS.—An individual re-
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ferred to in subsection (a) is an individual who, at the
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time of the approval of the individual’s request to transfer
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entitlement to educational assistance under this section—
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‘‘(1) has completed at least 10 years of service
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in the uniformed services, not fewer than six of
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which were service in the Armed Forces;
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‘‘(2) is a member of the uniformed services
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who—
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‘‘(A) is not an individual described in para-
13
graph (1);
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‘‘(B) has served at least six years in the
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Armed Forces; and
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‘‘(C) enters into an agreement to serve as
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a member of the uniformed services for a period
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that is no less than the difference between—
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‘‘(i) 10 years; and
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‘‘(ii) the period the individual has al-
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ready served in the uniformed services; or
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‘‘(3) is described in section 3311(b)(10).’’.
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(2) CONFORMING AMENDMENTS.—Such section
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is amended—
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•S 2327 IS
(A) in subsection (a)—
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(i) by striking paragraph (2); and
2
(ii) in paragraph (1), by striking
3
‘‘(1)’’;
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(B) in subsection (i)(2), by striking ‘‘under
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subsection (b)(1)’’ and inserting ‘‘under sub-
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section (b)(2)(C)’’; and
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(C) in subsection (j)(2)—
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(i) in subparagraph (A), by inserting
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‘‘and’’ after the semicolon;
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(ii) by striking subparagraph (B); and
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(iii) by redesignating subparagraph
12
(C) as subparagraph (B).
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(b) MODIFICATION OF TIME TO TRANSFER.—
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(1) IN GENERAL.—Paragraph (1) of subsection
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(f) of such section is amended to read as follows:
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‘‘(1) TIME
FOR
TRANSFER.—Subject to the
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time limitation for use of entitlement under section
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3321 of this title, and except as provided in sub-
19
section (k), an individual approved to transfer enti-
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tlement to educational assistance under this section
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may transfer such entitlement at any time.’’.
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(2) CONFORMING AMENDMENTS.—Such section
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is further amended—
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•S 2327 IS
(A) by amending subsection (g) to read as
1
follows:
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‘‘(g) COMMENCEMENT OF USE.—If a dependent to
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whom entitlement to educational assistance is transferred
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under this section is a child, the dependent may not com-
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mence the use of the transferred entitlement until either—
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‘‘(1) the completion by the child of the require-
7
ments of a secondary school diploma (or equivalency
8
certificate); or
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‘‘(2) the attainment by the child of 18 years of
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age.’’;
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(B) by striking subsection (k); and
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(C) by redesignating subsection (l) as sub-
13
section (k).
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Æ
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