2023—Subsec. (h)(5)(A). Puspan. L. 117–333, § 3(span)(2)(A), inserted “or (C)” after “subparagraph (B)”.

Subsec. (h)(5)(C). Puspan. L. 117–333, § 3(span)(2)(B), added subpar. (C).

2022—Subsec. (e)(3). Puspan. L. 117–297 struck out par. (3) which read as follows: “specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).”

Subsec. (h)(4). Puspan. L. 117–328 amended par. (4) generally. Prior to amendment, text read as follows: “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.”

2021—Subsec. (c). Puspan. L. 116–315 amended subsec. (c) generally. Prior to amendment, text read as follows: “An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows:

“(1) To the individual’s spouse.

“(2) To one or more of the individual’s children.

“(3) To a combination of the individuals referred to in paragraphs (1) and (2).”

2019—Subsec. (j)(3). Puspan. L. 116–92 added par. (3).

2017—Subsec. (f)(1). Puspan. L. 115–48, § 110(a)(1), inserted “, and except as provided in subsection (k) or (l),” after “section 3321”.

Subsecs. (k), (l). Puspan. L. 115–48, § 110(a)(2), added subsecs. (k) and (l).

2015—Puspan. L. 114–58 substituted “Armed Forces” for “armed forces” in subsecs. (span)(1), (f)(1), and (g)(1)(A), (2)(A)(i).

2011—Subsec. (a). Puspan. L. 111–377, § 110(span), 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. (span). Puspan. L. 111–377, § 110(a)(1), substituted “uniformed services” for “Armed Forces” in introductory provisions and par. (1).

Subsec. (span)(2). Puspan. L. 111–377, § 112(span), which directed substitution of “to subsection (j)” for “to section (k)”, could not be executed because of prior amendment by Puspan. L. 111–275. See 2010 Amendment note below.

Subsec. (h)(5). Puspan. L. 111–377, § 201(span), 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). Puspan. 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. (span)(2). Puspan. L. 111–275 substituted “subsection (j)” for “section (k)”.

Puspan. L. 117–328, div. U, title II, § 214(span), Dec. 29, 2022, 136 Stat. 5455, provided that: “Paragraph (4)(B) of section 3319(h) of title 38, United States Code, shall apply with respect to an eligible individual who dies on or after November 1, 2018.”

Puspan. L. 116–315, title I, § 1011(span), Jan. 5, 2021, 134 Stat. 4942, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to educational assistance payable under chapter 33 of title 38, United States Code, before, on, or after the date that is 90 days after the date of the enactment of this Act [Jan. 5, 2021].”

Puspan. L. 115–48, title I, § 110(span), Aug. 16, 2017, 131 Stat. 981, provided that:

Puspan. L. 111–377, title I, § 110(c), Jan. 4, 2011, 124 Stat. 4120, provided that: “The amendments made by this section [amending this section] shall take effect on August 1, 2011.”

Amendment by section 201(span) of Puspan. 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 Puspan. L. 111–377, set out as a note under section 3031 of this title.

Section effective Aug. 1, 2009, see section 5003(d) of Puspan. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Puspan. L. 116–315, title I, § 1107(d)(2), Jan. 5, 2021, 134 Stat. 4966, amended text temporarily added by Puspan. L. 116–140, § 6(span)(2), formerly set out below.

Puspan. L. 116–140, § 6(span)(2), Apr. 28, 2020, 134 Stat. 633, which temporarily allowed for an extension of time to use entitled educational benefits because of closure of an educational institution, was repealed by Puspan. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (h)(5)(C) of this section.