38 U.S. Code § 3319. Authority to transfer unused education benefits to family members
2019—Subsec. (j)(3). Pub. L. 116–92 added par. (3).
2017—Subsec. (f)(1). Pub. L. 115–48, § 110(a)(1), inserted “, and except as provided in subsection (k) or (l),” after “section 3321”.
Subsecs. (k), (l). Pub. L. 115–48, § 110(a)(2), added subsecs. (k) and (l).
2015—Pub. L. 114–58 substituted “Armed Forces” for “armed forces” in subsecs. (b)(1), (f)(1), and (g)(1)(A), (2)(A)(i).
2011—Subsec. (a). Pub. L. 111–377, § 110(b), designated existing provisions as par. (1), substituted “Subject to the provisions of this section, the Secretary concerned may permit” for “Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit”, and added par. (2).
Subsec. (b). Pub. L. 111–377, § 110(a)(1), substituted “uniformed services” for “Armed Forces” in introductory provisions and par. (1).
Subsec. (b)(2). Pub. L. 111–377, § 112(b), which directed substitution of “to subsection (j)” for “to section (k)”, could not be executed because of prior amendment by Pub. L. 111–275. See 2010 Amendment note below.
Subsec. (h)(5). Pub. L. 111–377, § 201(b), amended par. (5) generally. Prior to amendment, text read as follows: “A child to whom entitlement is transferred under this section may use the benefit without regard to the 15-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.”
Subsec. (k). Pub. L. 111–377, § 110(a)(2), struck out subsec. (k). Text read as follows: “Notwithstanding section 101(25), in this section, the term ‘Secretary concerned’ means—
“(1) the Secretary of the Army with respect to matters concerning the Army;
“(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps;
“(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and
“(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.”
2010—Subsec. (b)(2). Pub. L. 111–275 substituted “subsection (j)” for “section (k)”.
Amendment by section 201(b) of Pub. L. 111–377 effective Aug. 1, 2011, and applicable with respect to preventions and suspension of pursuit of programs of education that commence on or after that date, see section 201(d) of Pub. L. 111–377, set out as a note under section 3031 of this title.
“ ‘(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 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.’.”
[The term “covered period” as used in section 6(b)(2) of Pub. L. 116–140, set out above, means Mar. 1, 2020, to Dec. 21, 2020, see section 2 of Pub. L. 116–140, set out as a note under section 3031 of this title.]
 See Extension of Time Limitations for Use of Entitlement: Transfer Period note below.