Pub. L. 111-377, tit. II, sec. 201
EXTENSION OF DELIMITING DATES FOR USE OF EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF SERIOUSLY INJURED VETERANS AND MEMBERS OF THE ARMED FORCES.
SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF SERIOUSLY INJURED VETERANS AND MEMBERS OF THE ARMED FORCES.(a) All-volunteer Force Educational Assistance.—Subsection (d) of section 3031 is amended to read as follows:“(d)(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which is not the result of the individual’s own willful misconduct, such 10-year period—“(A) shall not run during the period the individual is so prevented from pursuing such program; and“(B) shall again begin running on the first day after the individual’s recovery from such disability on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter.“(2)(A) Subject to subparagraph (B), in the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section 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, such 10-year period—“(i) shall not run during the period the individual is so prevented from pursuing such program; and“(ii) shall again begin running on the first day after the date of the recovery of the veteran or member from the injury, or the date on which the individual ceases to be the primary provider of personal care services for the veteran or member, whichever is earlier, on which it is reasonably feasible, as so determined, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter.“(B) Subparagraph (A) shall not apply with respect to the period of an individual as a primary provider of personal care 124 STAT. 4123 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.”.(b) Certain Transferees of Post-9/11 Educational Assistance.—Paragraph (5) of section 3319(h) is amended to read as follows:“(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), 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); or124 STAT. 4124“(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.”.(c) Survivors’ and Dependents’ Educational Assistance.—Subsection (c) of section 3512 is amended to read as follows:“(c)(1) Notwithstanding subsection (a) and subject to paragraph (2), an eligible person may be afforded educational assistance beyond the age limitation applicable to the person under such subsection if—“(A) the person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection;“(B) the person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to the person under such subsection; and“(C) the Secretary finds that the suspension was due to either of the following:“(i) The actions of the person as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title.“(ii) Conditions otherwise beyond the control of the person.“(2) Paragraph (1) 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.“(3) Educational assistance may not be afforded a person under paragraph (1) after the earlier of—“(A) the age limitation applicable to the person under subsection (a), plus a period of time equal to the period the person was required to suspend pursuit of the person’s program of education as described in paragraph (1); or“(B) the date of the person’s thirty-first birthday.”.(d) Effective Date.—The amendments made by this section shall take effect on August 1, 2011, and shall apply with respect to preventions and suspension of pursuit of programs of education that commence on or after that date.