SECTION 1. AUTHORITY FOR INDIVIDUALS AWARDED PUR-
PLE HEART TO TRANSFER UNUSED POST-9/11 
EDUCATIONAL ASSISTANCE TO A FAMILY 
MEMBER. 
(a) IN GENERAL.—Subchapter II of chapter 33 of 
title 38, United States Code, is amended by inserting after 
section 3319 the following new section: 
‘‘§ 3319A. Authority for recipients of Purple Heart to 
transfer unused Post-9/11 Educational As-
sistance to a family member 
‘‘(a) IN GENERAL.—The Secretary shall permit an 
individual described in subsection (b) who is entitled to 
educational assistance under this chapter to elect to trans-
fer to one or more of the dependents specified in sub-
section (c) a portion of such individual’s entitlement to 
such assistance, subject to the limitation under subsection 
(d). 
‘‘(b) ELIGIBLE
INDIVIDUALS.—An individual re-
ferred to in subsection (a) is any veteran who is awarded, 
after being discharged or release from service in the active 
military, naval, air, or space service, the Purple Heart for 
service in the Armed Forces occurring on or after Sep-
tember 11, 2001. 
‘‘(c) ELIGIBLE DEPENDENTS.— 
‘‘(1) TRANSFER.—An individual approved to 
transfer an entitlement to educational assistance 
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under this section may transfer the individual’s enti-
tlement to an eligible dependent or a combination of 
eligible dependents. 
‘‘(2) DEFINITION OF ELIGIBLE DEPENDENT.— 
For purposes of this subsection, the term ‘eligible 
dependent’ has the meaning given the term ‘depend-
ent’ under subparagraphs (A), (D), and (I) of sec-
tion 1072(2) of title 10. 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The 
total number of months of entitlement transferred by an 
individual under this section may not exceed 36 months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—An individual 
transferring an entitlement to educational assistance 
under this section shall— 
‘‘(1) designate the dependent or dependents to 
whom such entitlement is being transferred; and 
‘‘(2) designate the number of months of such 
entitlement to be transferred to each such depend-
ent. 
‘‘(f) REVOCATION AND MODIFICATION.— 
‘‘(1) MODIFICATION OR REVOCATION.— 
‘‘(A) IN GENERAL.—An individual trans-
ferring entitlement under this section may mod-
ify or revoke at any time the transfer of any 
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unused portion of the entitlement so trans-
ferred. 
‘‘(B) NOTICE.—The modification or rev-
ocation of the transfer of entitlement under this 
paragraph shall be made by the submittal of 
written notice of the action to the Secretary of 
Veterans Affairs and the Secretary of Defense. 
‘‘(2) PROHIBITION ON TREATMENT OF TRANS-
FERRED
ENTITLEMENT
AS
MARITAL
PROPERTY.— 
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. 
‘‘(g) COMMENCEMENT
OF USE.—A dependent to 
whom entitlement to educational assistance is transferred 
under this section may not commence the use of the trans-
ferred entitlement, in the case of entitlement transferred 
to a child, until either— 
‘‘(1) the completion by the child of the require-
ments of a secondary school diploma (or equivalency 
certificate); or 
‘‘(2) the attainment by the child of 18 years of 
age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 
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‘‘(1) USE.—The use of any entitlement to edu-
cational assistance transferred under this section 
shall be charged against the entitlement of the indi-
vidual making the transfer at the rate of one month 
for each month of transferred entitlement that is 
used. 
‘‘(2) NATURE
OF
TRANSFERRED
ENTITLE-
MENT.—Except as provided under subsection (e)(2) 
and subject to paragraphs (5) and (6), the recipient 
of entitlement transferred under this section is enti-
tled to educational assistance under this chapter in 
the same manner as the individual from whom the 
entitlement was transferred. 
‘‘(3) RATE OF PAYMENT.—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. 
‘‘(4) DEATH OF TRANSFEROR.— 
‘‘(A) IN GENERAL.—The death of an indi-
vidual transferring an entitlement under this 
section shall not affect the use of the entitle-
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ment by the dependent to whom the entitlement 
is transferred. 
‘‘(B) DEATH PRIOR TO TRANSFER TO DES-
IGNATED TRANSFEREES.—(i) In the case of an 
eligible individual whom the Secretary, in con-
sultation with the Secretary of Defense, has ap-
proved to transfer the individual’s entitlement 
under this section who, at the time of death, is 
entitled to educational assistance under this 
chapter and has designated a transferee or 
transferees under subsection (e) but has not 
transferred all of such entitlement to such 
transferee or transferees, the Secretary shall 
transfer the entitlement of the individual under 
this section by evenly distributing the amount 
of such entitlement between all such transferees 
who would not be precluded from using some or 
all of the transferred benefits due to the expira-
tion of time limitations found in paragraph (5) 
of this subsection or section 3321 of this title, 
notwithstanding the limitations under sub-
section (f). 
‘‘(ii) If a transferee cannot use all of the 
transferred benefits under clause (i) because of 
expiration of a time limitation, the unused ben-
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efits will be distributed among the other des-
ignated transferees who would not be precluded 
from using some or all of the transferred bene-
fits due to expiration of time limitations found 
in paragraph (5) of this subsection or section 
3321 of this title, unless or until there are no 
transferees who would not be precluded from 
using the transferred benefits because of expira-
tion of a time limitation. 
‘‘(5) LIMITATION ON AGE OF USE BY CHILD 
TRANSFEREES.— 
‘‘(A) IN GENERAL.—A child to whom enti-
tlement is transferred under this section may 
use the benefits transferred without regard to 
the 15-year delimiting date specified in section 
3321, but may not, except as provided in sub-
paragraph (B) or (C), use any benefits so 
transferred after attaining the age of 26 years. 
‘‘(B) PRIMARY CAREGIVERS OF SERIOUSLY 
INJURED
MEMBERS
OF
THE
ARMED
FORCES 
AND VETERANS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in the case of a child who, before at-
taining the age of 26 years, is prevented 
from pursuing a chosen program of edu-
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mined, for the child to initiate or 
resume the use of benefits. 
‘‘(C) EMERGENCY
SITUATIONS.—In any 
case in which the Secretary determines that an 
individual to whom entitlement is transferred 
under this section has been prevented from pur-
suing the individual’s chosen program of edu-
cation before the individual attains the age of 
26 years because the educational institution or 
training establishment closed (temporarily or 
permanently) under an established policy based 
on an Executive order of the President or due 
to an emergency situation, the Secretary shall 
extend the period during which the individual 
may use such entitlement for a period equal to 
the number of months that the individual was 
so prevented from pursuing the program of 
education, as determined by the Secretary. 
‘‘(6) SCOPE OF USE BY TRANSFEREES.—The 
purposes for which a dependent to whom entitlement 
is transferred under this section may use such enti-
tlement shall include the pursuit and completion of 
the requirements of a secondary school diploma (or 
equivalency certificate). 
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‘‘(7) 
ADDITIONAL
ADMINISTRATIVE
PROVI-
SIONS.—The administrative provisions of this chap-
ter 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 provi-
sions. 
‘‘(i) OVERPAYMENT.—In the event of an overpayment 
of educational assistance with respect to a dependent to 
whom entitlement is transferred under this section, the de-
pendent 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. 
‘‘(j) REGULATIONS.—(1) The Secretary shall, in con-
sultation with the Secretary of Defense, prescribe regula-
tions for purposes of this section. 
‘‘(2) Such regulations shall specify— 
‘‘(A) the manner of authorizing the transfer of 
entitlements under this section; 
‘‘(B) the eligibility criteria in accordance with 
subsection (b); and 
‘‘(C) the manner and effect of an election to 
modify or revoke a transfer of entitlement under 
subsection (f)(2). 
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‘‘(k) TRANSFER BY DEPENDENT.—In the case of an 
individual who transfers entitlement to educational assist-
ance under this section who dies before the dependent to 
whom entitlement to educational assistance is so trans-
ferred has used all of such entitlement, such dependent 
may transfer such entitlement to another eligible depend-
ent in accordance with the provisions of this section. 
‘‘(l) COORDINATION.—The Secretary of Veterans Af-
fairs and the Secretary of Defense shall coordinate with 
each other to facilitate the transfer of entitlement under 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 3319 the following new 
item: 
‘‘3319A. Authority for recipients of Purple Heart to transfer unused Post-9/11 
Educational Assistance to a family member.’’. 
Æ 
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