Page:United States Statutes at Large Volume 115 Part 2.djvu/170

 115 STAT. 1154 PUBLIC LAW 107-107—DEC. 28, 2001 Notice. military skills and at such Secretary sole discretion, permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter 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 member of the Armed Forces who, at the time of the approval by the Secretary concerned of the member's request to transfer entitlement to basic educational assistance under this section— "(1) has completed six years of service in the Armed Forces; "(2) either— "(A) has a critical military skill designated by the Secretary concerned for purposes of this section; or "(B) is in a military specialty designated by the Secretary concerned for purposes of this section as requiring critical military skills; and "(3) enters into an agreement to serve at least four more years as a member of the Armed Forces. "(c) ELIGIBLE DEPENDENTS. — An individual approved to transfer an entitlement to basic 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). "(d) LIMITATION ON MONTHS OF TRANSFER. —The total number of months of entitlement transferred by an individual under this section may not exceed 18 months. "(e) DESIGNATION OF TRANSFEREE. — An individual transferring an entitlement to basic educational assistance under this section shall— "(1) designate the dependent or dependents to whom such entitlement is being transferred; "(2) designate the number of months of such entitlement to be transferred to each such dependent; and "(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). "(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION. — (1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. "(2)(A) 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) 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 both the Secretary concerned and the Secretary of Veterans Affairs.

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