SECTION 1. AUTHORITY OF MEMBERS OF THE UNITED 
STATES PUBLIC HEALTH SERVICE AND NA-
TIONAL 
OCEANOGRAPHIC 
AND 
ATMOS-
PHERIC ADMINISTRATION CORPS TO TRANS-
FER UNUSED BENEFITS UNDER POST-9/11 
EDUCATIONAL 
ASSISTANCE 
PROGRAM 
TO 
FAMILY MEMBERS. 
(a) IN GENERAL.—Section 3319 of title 38, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) AUTHORITY TO TRANSFER.— 
‘‘(1) MEMBERS OF THE ARMED FORCES.—Sub-
ject to the provisions of this section, the Secretary 
of Defense, in order to promote the recruitment and 
retention of members of the Armed Forces, may au-
thorize the Secretary concerned to permit an indi-
vidual described in subsection (b)(1) who is entitled 
to educational assistance under this chapter to elect 
to transfer to one or more of the dependents speci-
fied in subsection (c) a portion of such individual’s 
entitlement to such assistance, subject to the limita-
tion under subsection (d). 
‘‘(2) MEMBERS OF THE UNITED STATES PUB-
LIC HEALTH SERVICE.—Subject to the provisions of 
this section, in order to promote the recruitment and 
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retention of members of the United States Public 
Health Service, the Secretary of Health and Human 
Services may permit an individual described in sub-
section (b)(2) who is entitled to educational assist-
ance 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 as-
sistance, subject to the limitation under subsection 
(d). 
‘‘(3) MEMBERS
OF
THE
NATIONAL
OCEANO-
GRAPHIC
AND
ATMOSPHERIC
ADMINISTRATION 
CORPS.—Subject to the provisions of this section, in 
order to promote the recruitment and retention of 
members of the National Oceanographic and Atmos-
pheric Administration Corps, the Secretary of Com-
merce may permit an individual described in sub-
section (b)(3) who is entitled to educational assist-
ance 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 as-
sistance, subject to the limitation under subsection 
(d).’’; 
(2) by striking subsection (b) and inserting the 
following new subsection (b): 
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‘‘(b) ELIGIBLE INDIVIDUALS.—For purposes of this 
section, an eligible individual is any of the following: 
‘‘(1) A member of the Armed Forces who, at 
the time of the approval of the individual’s request 
to transfer entitlement to educational assistance 
under this section, has completed at least— 
‘‘(A) six years of service in the Armed 
Forces and enters into an agreement to serve at 
least four more years as a member of the 
Armed Forces; or 
‘‘(B) the years of service as determined in 
regulations pursuant to section (k). 
‘‘(2) A member of the United States Public 
Health Service who, at the time of the approval of 
the individual’s request to transfer entitlement to 
educational assistance under this section, has com-
pleted at least— 
‘‘(A) six years of service in the United 
States Public Health Service and enters into an 
agreement to serve at least four more years as 
a member of the United States Public Health 
Service; or 
‘‘(B) the years of service as determined in 
regulations pursuant to section (k). 
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‘‘(3) A member of the National Oceanographic 
and Atmospheric Administration Corps who, at the 
time of the approval of the individual’s request to 
transfer entitlement to educational assistance under 
this section, has completed at least— 
‘‘(A) six years of service in the National 
Oceanographic and Atmospheric Administration 
Corps and enters into an agreement to serve at 
least four more years as a member of the Na-
tional Oceanographic and Atmospheric Admin-
istration Corps; or 
‘‘(B) the years of service as determined in 
regulations pursuant to section (k).’’; 
(3) in the second sentence of subsection (d), by 
striking ‘‘Secretary of Defense’’ and inserting ‘‘, the 
appropriate Secretary’’; 
(4) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘armed 
forces’’ and inserting ‘‘Armed Forces, member 
of the United States Public Health Service, or 
member of the National Oceanographic and At-
mospheric Administration Corps, as the case 
may be,’’; and 
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(B) in paragraph (2), by striking ‘‘Sec-
retary concerned’’ and inserting ‘‘appropriate 
Secretary’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A), by striking ‘‘in 
the armed forces’’ and inserting ‘‘in the Armed 
Forces, United States Public Health Service, or 
National Oceanographic and Atmospheric Ad-
ministration Corps, as the case may be,’’; and 
(B) in paragraph (2)(A)(i), by striking ‘‘in 
the armed forces’’ and inserting ‘‘in the Armed 
Forces, United States Public Health Service, or 
National Oceanographic and Atmospheric Ad-
ministration Corps, as the case may be,’’; 
(6) in subsection (h)— 
(A) in paragraph (2)(B), by inserting be-
fore ‘‘as if the individual were not on active 
duty’’ the following: ‘‘, and in the case of a 
member of the Armed Forces,’’; 
(B) in paragraph (3)(B), by inserting be-
fore ‘‘as if the individual were not on active 
duty’’ the following: ‘‘, and in the case of a 
member of the Armed Forces,’’; and 
(C) in paragraph (2)(A)(i), by striking ‘‘in 
the armed forces’’ and inserting ‘‘in the Armed 
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