[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4396 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4396
To amend title 38, United States Code, to authorize an individual who
is awarded the Purple Heart for service in the Armed Forces to transfer
unused Post-9/11 Educational Assistance to a family member, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2024
Mrs. Murray (for herself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to authorize an individual who
is awarded the Purple Heart for service in the Armed Forces to transfer
unused Post-9/11 Educational Assistance to a family member, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Purple Heart Veterans Education Act
of 2024''.
SEC. 2. AUTHORITY FOR INDIVIDUALS AWARDED PURPLE 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:
``Sec. 3319A. Authority for recipients of Purple Heart to transfer
unused Post-9/11 Educational Assistance 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 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).
``(b) Eligible Individuals.--An individual referred 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 September 11, 2001.
``(c) Eligible Dependents.--
``(1) Transfer.--An individual approved to transfer an
entitlement to educational assistance under this section may
transfer the individual's entitlement 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 `dependent' under subparagraphs (A), (D), and
(I) of section 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 dependent.
``(f) Revocation and Modification.--
``(1) Modification or revocation.--
``(A) In general.--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.
``(B) Notice.--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.
``(2) Prohibition on treatment of transferred 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 transferred entitlement, in the case of
entitlement transferred to a child, 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.
``(h) Additional Administrative Matters.--
``(1) Use.--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.
``(2) Nature of transferred entitlement.--Except as
provided under subsection (e)(2) and subject to paragraphs (5)
and (6), the recipient of entitlement 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.
``(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 individual
transferring an entitlement under this section shall
not affect the use of the entitlement by the dependent
to whom the entitlement is transferred.
``(B) Death prior to transfer to designated
transferees.--(i) In the case of an eligible individual
whom the Secretary, in consultation with the Secretary
of Defense, has approved 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
expiration of time limitations found in paragraph (5)
of this subsection or section 3321 of this title,
notwithstanding the limitations under subsection (f).
``(ii) If a transferee cannot use all of the
transferred benefits under clause (i) because of
expiration of a time limitation, the unused benefits
will be distributed among the other designated
transferees who would not be precluded from using some
or all of the transferred benefits 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 expiration of a time limitation.
``(5) Limitation on age of use by child transferees.--
``(A) In general.--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, but may not, except as
provided in subparagraph (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 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), the child may
use the benefits beginning on the date
specified in clause (iii) for a period whose
length is specified in clause (iv).
``(ii) Inapplicability for revocation.--
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).
``(iii) Date for commencement of use.--The
date specified in this clause for the beginning
of the use of benefits by a child under clause
(i) is the later of--
``(I) 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);
``(II) 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
``(III) the date on which the child
attains the age of 26 years.
``(iv) Length of use.--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--
``(I) 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
``(II) ends on the later of--
``(aa) 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
``(bb) the date on which it
is reasonably feasible, as so
determined, 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 pursuing the individual's chosen program
of education 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 entitlement shall include the pursuit and
completion of the requirements of a secondary school diploma
(or equivalency certificate).
``(7) Additional administrative provisions.--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.
``(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 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.
``(j) Regulations.--(1) The Secretary shall, in consultation with
the Secretary of Defense, prescribe regulations 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).
``(k) Transfer by Dependent.--In the case of an individual who
transfers entitlement to educational assistance under this section who
dies before the dependent to whom entitlement to educational assistance
is so transferred has used all of such entitlement, such dependent may
transfer such entitlement to another eligible dependent in accordance
with the provisions of this section.
``(l) Coordination.--The Secretary of Veterans Affairs 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.''.
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