What This Bill Does
This bill changes the rules for military service members who give their educational benefits to family members but then fail to complete their required military service agreement. The bill makes the service member solely responsible for paying back any overpayment (the extra money that was given out) to the United States government.
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Who It Affects
- Military service members who transferred educational assistance to dependents and did not complete their service agreement
- Family members (dependents) who received transferred educational assistance
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Key Provisions
- An individual who transfers educational assistance to a dependent but fails to complete their service agreement becomes solely liable to the United States for the overpayment amount (Sec. 2)
- Neither the dependent nor the individual is liable for the overpayment in certain exceptions specified in section 3319(i)(2)(B) of title 38 (Sec. 2)
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What Changes
The law changes section 3319 of title 38, United States Code, so that the service member alone (not their family member) must repay the government for any educational benefits that were transferred but later overpaid because the service agreement was not completed.
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Important Definitions
None defined in bill text
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1798
To amend title 38, United States Code, to render an individual, who transfers
certain educational assistance, to which the individual is entitled because
of an agreement by such individual to serve in the Armed Forces,
to a dependent of that individual, and who fails to complete such agree-
ment, solely liable for the overpayment of such educational assistance,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 2023
Mr. VAN ORDEN introduced the following bill; which was referred to the
Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to render an indi-
vidual, who transfers certain educational assistance, to
which the individual is entitled because of an agreement
by such individual to serve in the Armed Forces, to
a dependent of that individual, and who fails to complete
such agreement, solely liable for the overpayment of such
educational assistance, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 1798 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect Military De-
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pendents Act’’.
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SEC. 2. SOLE LIABILITY FOR TRANSFERRED EDUCATIONAL
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ASSISTANCE BY AN INDIVIDUAL WHO FAILS
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TO COMPLETE A SERVICE AGREEMENT.
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Subsection (i) of section 3319 of title 38, United
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States Code, is amended—
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(1) in paragraph (1)—
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(A) by striking ‘‘In the event’’ and insert-
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ing ‘‘Subject to paragraph (2), in the event’’;
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and
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(B) by inserting ‘‘of this title’’ after ‘‘sec-
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tion 3685’’;
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(2) in subparagraph (A) of paragraph (2)—
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(A) in the heading, by striking ‘‘IN GEN-
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ERAL’’ and inserting ‘‘SOLE LIABILITY’’; and
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(B) by inserting ‘‘for which the individual
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shall be solely liable to the United States for
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the amount of the overpayment for purposes of
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section 3685 of this title’’ before the period at
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the end; and
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(3) in subparagraph (B) of paragraph (2)—
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(A) in the matter preceding clause (i), by
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striking ‘‘Subparagraph (A) shall not apply’’
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and inserting ‘‘Neither the individual nor the
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•HR 1798 IH
dependent shall be liable to the United States
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for the amount of the overpayment for purposes
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of section 3685 of this title’’; and
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(B) in clause (ii), by inserting ‘‘of this
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title’’ after ‘‘section 3311(c)(4)’’.
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Æ
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