Post-9/11 GI Bill Transferability Entitlement Act

I 116TH CONGRESS 1ST SESSION H. R. 5522 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 HOUSE OF REPRESENTATIVES DECEMBER 19, 2019 Mr. PANETTA (for himself, Mr. WALTZ, Mr. CISNEROS, Mr. KINZINGER, and Mr. CROW) introduced the following bill; which was referred to the Com- mittee 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. SHORT TITLE. 3 This Act may be cited as the ‘‘Post-9/11 GI Bill 4 Transferability Entitlement Act’’. 5 VerDate Sep 11 2014 19:09 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5522.IH H5522 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5522 IH SEC. 2. MODIFICATION OF ELIGIBILITY REQUIREMENTS 1 FOR TRANSFER OF UNUSED ENTITLEMENT 2 TO POST-9/11 EDUCATIONAL ASSISTANCE. 3 (a) MODIFICATION OF ELIGIBILITY REQUIRE- 4 MENTS.— 5 (1) IN GENERAL.—Subsection (b) of section 6 3319 of title 38, United States Code, is amended to 7 read as follows: 8 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re- 9 ferred to in subsection (a) is an individual who, at the 10 time of the approval of the individual’s request to transfer 11 entitlement to educational assistance under this section— 12 ‘‘(1) has completed at least 10 years of service 13 in the uniformed services, not fewer than six of 14 which were service in the Armed Forces; 15 ‘‘(2) is a member of the uniformed services 16 who— 17 ‘‘(A) is not an individual described in para- 18 graph (1); 19 ‘‘(B) has served at least six years in the 20 Armed Forces; and 21 ‘‘(C) enters into an agreement to serve as 22 a member of the uniformed services for a period 23 that is no less than the difference between— 24 ‘‘(i) 10 years; and 25 VerDate Sep 11 2014 19:09 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5522.IH H5522 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5522 IH ‘‘(ii) the period the individual has al- 1 ready served in the uniformed services; or 2 ‘‘(3) is described in section 3311(b)(10).’’. 3 (2) CONFORMING AMENDMENTS.—Such section 4 is amended— 5 (A) in subsection (a)— 6 (i) by striking paragraph (2); and 7 (ii) in paragraph (1), by striking 8 ‘‘(1)’’; 9 (B) in subsection (i)(2), by striking ‘‘under 10 subsection (b)(1)’’ and inserting ‘‘under sub- 11 section (b)(2)(C)’’; and 12 (C) in subsection (j)(2)— 13 (i) in subparagraph (A), by inserting 14 ‘‘and’’ after the semicolon; 15 (ii) by striking subparagraph (B); and 16 (iii) by redesignating subparagraph 17 (C) as subparagraph (B). 18 (b) MODIFICATION OF TIME TO TRANSFER.— 19 (1) IN GENERAL.—Paragraph (1) of subsection 20 (f) of such section is amended to read as follows: 21 ‘‘(1) TIME FOR TRANSFER.—Subject to the 22 time limitation for use of entitlement under section 23 3321 of this title, and except as provided in sub- 24 section (k), an individual approved to transfer enti- 25 VerDate Sep 11 2014 19:09 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5522.IH H5522 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5522 IH tlement to educational assistance under this section 1 may transfer such entitlement at any time.’’. 2 (2) CONFORMING AMENDMENTS.—Such section 3 is further amended— 4 (A) by amending subsection (g) to read as 5 follows: 6 ‘‘(g) COMMENCEMENT OF USE.—If a dependent to 7 whom entitlement to educational assistance is transferred 8 under this section is a child, the dependent may not com- 9 mence the use of the transferred entitlement until either— 10 ‘‘(1) the completion by the child of the require- 11 ments of a secondary school diploma (or equivalency 12 certificate); or 13 ‘‘(2) the attainment by the child of 18 years of 14 age.’’; 15 (B) by striking subsection (k); and 16 (C) by redesignating subsection (l) as sub- 17 section (k). 18 Æ VerDate Sep 11 2014 19:09 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5522.IH H5522 pamtmann on DSKBC07HB2PROD with BILLS