[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3065-S3066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5908. Mrs. MURRAY (for herself, Ms. Rosen, Mr. King, Mr. Bennet,
and Mr. Kelly) submitted an amendment intended to be proposed by her to
the bill S. 4784, to authorize appropriations for fiscal year 2027 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. 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 released 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.
[[Page S3066]]
``(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.
``(C) Death prior to designation of transferees.--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 eligible dependents but has not
designated a transferee or transferees under subsection (e),
the Secretary shall transfer the entitlement of the
individual under this section by evenly distributing the
amount of such entitlement between all such eligible
dependents 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).
``(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 of this title, 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) 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).
``(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) of
this title.
``(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 of this title.
``(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)(1).
``(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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