[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8896 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8896

 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 HOUSE OF REPRESENTATIVES

                             June 28, 2024

 Mr. Levin (for himself and Mr. Murphy) introduced the following bill; 
        which was 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. 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 of Veterans Affairs and the 
                Secretary of Defense.
            ``(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.''.
                                 <all>