S.Amdt. 1775

SA 1775. Mr. BLUMENTHAL (for himself, Mr. Brown, Mr. Durbin, Ms.
Hirono, Mr. Casey, and Mr. Tester) submitted an amendment intended to
be proposed by him to the bill S. 4049, to authorize appropriations for
fiscal year 2021 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in title X, insert the following:

SEC. ___. 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;
``(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--

[[Page S3268]]

``(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).
______