Sec. 3. Authority to transfer entitlement to Post-9/11 education assistance to family members by seriously injured veterans in need of personal care services
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Subchapter II of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: Subject to the provisions of this section, the Secretary may permit an individual described in subsection
(b)who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection
(c)a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d). An individual referred to in subsection
(a)is any individual who is described in paragraph
(2)of section 1720G(a) of this title and who is participating in the program established under paragraph
(1)of such section. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement as follows: To the individual's spouse. To one or more of the individual's children. To a combination of the individuals referred to in paragraphs
(1)and (2). The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. The Secretary may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months. An individual transferring an entitlement to educational assistance under this section shall— designate the dependent or dependents to whom such entitlement is being transferred; designate the number of months of such entitlement to be transferred to each such dependent; and specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Transfer of entitlement to educational assistance under this section shall be subject to the time limitation for use of entitlement under section 3321 of this title. An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to the Secretary. Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. A dependent child to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until either— the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or the attainment by the child of 18 years of age. The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. Except as provided under subsection (e)(2) and subject to paragraphs
(5)and (6), a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred. The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph
(2)is transferred under this section shall be payable at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer. The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the 15-year delimiting date specified in section 3321 of this title, but may not, except as provided in subparagraph (B), use any benefits so transferred after attaining the age of 26 years. Subject to clause (ii), in the case of a child who, before attaining the age of 26 years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title, the child may use the benefits beginning on the date specified in clause
(iii)for a period whose length is specified in clause (iv). Clause
(i)shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider under section 1720G(a)(7)(D) of this title. The date specified in this clause for the beginning of the use of benefits by a child under clause
(i)is the later of— the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or the date on which the child attains the age of 26 years. The length of the period specified in this clause for the use of benefits by a child under clause
(i)is the length equal to the length of the period that— begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and ends on the later of— the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits. The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions. In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. The Secretary shall prescribe regulations to carry out this section. Such regulations shall specify— the manner of authorizing the transfer of entitlements under this section; the eligibility criteria in accordance with subsection (b); and the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). . The heading of section 3319 of such title is amended by inserting after by members of the Armed Forces . family members Section 3322(e) of such title is amended by inserting or 3319A after and 3319 . The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3319 and inserting the following new items: 3319. Authority to transfer unused education benefits to family members by members of the Armed Forces. 3319A. Authority to transfer unused education benefits to family members by seriously injured veterans. .