,,ii #aaith ,,congress #ast ,session ,s4 #cdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjbe,mrs4 ,murray 7for herself1 ,mr4 ,tillis1 ,mr4 ,scott of ,florida1 ,mr4 ,king1 ,mr4 ,boozman1 ,ms4 ,rosen1 ,mr4 ,daines1 ,mr4 ,wyden1 ,mr4 ,cornyn1 ,mr4 ,kelly1 ,mr4 ,cramer1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to authorize an individual who is awarded the ,purple ,heart for service in the ,armed ,forces to transfer unused ,post-#i_/aa ,educational ,assistance to a family member1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,purple ,heart ,veterans ,education ,act of #bjbe4 #b4 ,authority for individuals awarded ,purple ,heart to transfer unused ,post-#i_/aa ,educational ,assistance to a family member 7a7 ,in general ,subchapter ,,ii of chapter #cc of title #ch1 ,united ,states ,code1 is amended by inserting after section #ccai the following new section3 #ccai;,a4 ,authority for recipients of ,purple ,heart to transfer unused ,post-#i_/aa ,educational ,assistance to a family member 7a7 ,in general ,the ,secretary shall permit an individual described in subsection 7b7 who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection 7c7 a portion of such individual's entitlement to such assistance1 subject to the limitation under subsection 7d74 7b7 ,eligible individuals ,an individual referred to in subsection 7a7 is any veteran who is awarded1 after being discharged or released from service in the active military1 naval1 air1 or space service1 the ,purple ,heart for service in the ,armed ,forces occurring on or after ,september #aa1 #bjja4 7c7 ,eligible dependents 7#a7 ,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 dependents4 7#b7 ,definition of eligible dependent ,for purposes of this subsection1 the term eligible dependent has the meaning given the term dependent under subparagraphs 7,a71 7,d71 and 7,i7 of section #ajgb7b7 of title #aj4 7d7 ,limitation on months of transfer ,the total number of months of entitlement transferred by an individual under this section may not exceed #cf months4 7e7 ,designation of transferee ,an individual transferring an entitlement to educational assistance under this section shall-- 7#a7 designate the dependent or dependents to whom such entitlement is being transferred2 and 7#b7 designate the number of months of such entitlement to be transferred to each such dependent4 7f7 ,revocation and modification 7#a7 ,modification or revocation 7,a7 ,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 transferred4 7,b7 ,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 ,secretary4 7#b7 ,prohibition on treatment of transferred entitlement as marital property ,entitlement transferred under this section may not be treated as marital property1 or the asset of a marital estate1 subject to division in a divorce or other civil proceeding4 7g7 ,commencement of use ,a dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement1 in the case of entitlement transferred to a child1 until either-- 7#a7 the completion by the child of the requirements of a secondary school diploma 7or equivalency certificate72 or 7#b7 the attainment by the child of #ah years of age4 7h7 ,additional administrative matters 7#a7 ,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 used4 7#b7 ,nature of transferred entitlement ,except as provided under subsection 7e77#b7 and subject to paragraphs 7#e7 and 7#f71 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 transferred4 7#c7 ,rate of payment ,the monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph 7#b7 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 transfer4 7#d7 ,death of transferor 7,a7 ,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 transferred4 7,b7 ,death prior to transfer to designated transferees 7i7 ,in the case of an eligible individual whom the ,secretary1 in consultation with the ,secretary of ,defense1 has approved to transfer the individual's entitlement under this section who1 at the time of death1 is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection 7e7 but has not transferred all of such entitlement to such transferee or transferees1 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 7#e7 of this subsection or section #ccba of this title1 notwithstanding the limitations under subsection 7f74 7ii7 ,if a transferee cannot use all of the transferred benefits under clause 7i7 because of expiration of a time limitation1 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 7#e7 of this subsection or section #ccba of this title1 unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation4 7#e7 ,limitation on age of use by child transferees 7,a7 ,in general ,a child to whom entitlement is transferred under this section may use the benefits transferred without regard to the #ae-year delimiting date specified in section #ccba of this title1 but may not1 except as provided in subparagraph 7,b7 or 7,c71 use any benefits so transferred after attaining the age of #bf years4 7,b7 ,primary caregivers of seriously injured members of the armed forces and veterans 7i7 ,in general ,subject to clause 7ii71 in the case of a child who1 before attaining the age of #bf years1 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 #agbj;,g7a7 of this title1 the child may use the benefits beginning on the date specified in clause 7iii7 for a period whose length is specified in clause 7iv74 7ii7 ,inapplicability for revocation ,clause 7i7 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 #agbj;,g7a77#g77;,d7 of this title4 7iii7 ,date for commencement of use ,the date specified in this clause for the beginning of the use of benefits by a child under clause 7i7 is the later of-- 7,i7 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 7i72 7,,ii7 the date on which it is reasonably feasible1 as determined under regulations prescribed by the ,secretary1 for the child to initiate or resume the use of benefits2 or 7,,iii7 the date on which the child attains the age of #bf years4 7iv7 ,length of use ,the length of the period specified in this clause for the use of benefits by a child under clause 7i7 is the length equal to the length of the period that-- 7,i7 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 7i72 and 7,,ii7 ends on the later of-- 7aa7 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 7i72 or 7bb7 the date on which it is reasonably feasible1 as so determined1 for the child to initiate or resume the use of benefits4 7,c7 ,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 #bf years because the educational institution or training establishment closed 7temporarily or permanently7 under an established policy based on an ,executive order of the ,president or due to an emergency situation1 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 education1 as determined by the ,secretary4 7#f7 ,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 7or equivalency certificate74 7#g7 ,additional administrative provisions ,the administrative provisions of this chapter shall apply to the use of entitlement transferred under this section1 except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions4 7i7 ,overpayment ,in the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section1 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 #cfhe of this title4 7j7 ,regulations 7#a7 ,the ,secretary shall1 in consultation with the ,secretary of ,defense1 prescribe regulations for purposes of this section4 7#b7 ,such regulations shall specify-- 7,a7 the manner of authorizing the transfer of entitlements under this section2 7,b7 the eligibility criteria in accordance with subsection 7b72 and 7,c7 the manner and effect of an election to modify or revoke a transfer of entitlement under subsection 7f77#a74 7k7 ,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 entitlement1 such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section4 7l7 ,coordination ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall coordinate with each other to facilitate the transfer of entitlement under this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #ccai the following new item3 #ccai;,a4 ,authority for recipients of ,purple ,heart to transfer unused ,post-#i_/aa ,educational ,assistance to a family member4 4