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H.R. 883 (113th): 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.

The text of the bill below is as of Feb 28, 2013 (Introduced).


I

113th CONGRESS

1st Session

H. R. 883

IN THE HOUSE OF REPRESENTATIVES

February 28, 2013

(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.

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).

.

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.