Page:United States Statutes at Large Volume 122.djvu/2395

 12 2 STA T . 2 37 2 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8mayuseth e b e n e fi t w ith o ut r e g ar d to the 15- year de l imiting date , but may not use any entitlement so transferred after attaining the age of 26 years .‘ ‘ ( 6 )SCOPE O FUS E BYTRAN SFEREES. —T he p urposes for whi c h a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the re q uirements of a secondary school diploma (or equi v alency certificate). ‘‘( 7 ) AD D I TIONA L AD M INISTRATI V E PROVISIONS.—The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, e x cept that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provi- sions. ‘‘(i) O VERPAYMENT.— ‘‘(1) J OINT AND SEVERAL LIABILITY.— I n the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this sec- tion, the dependent and the individual ma k ing the transfer shall be j ointly and severally liable to the U nited States for the amount of the overpayment for purposes of section 3 6 8 5. ‘‘(2) F AILURE TO COMPLETE SERVICE A G REEMENT.— ‘‘(A) IN GENERAL.— E xcept as provided in subparagraph ( B ), if an individual transferring entitlement under this section fails to complete the service agreed to by the indi- vidual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this sec- tion that is used by a dependent of the individual as of the date of such failure shall be treated as an overpay- ment of educational assistance under paragraph (1). ‘‘(B) E X CEPTION.—Subparagraph (A) shall not apply in the case of an individual who fails to complete service agreed to by the individual— ‘‘(i) by reason of the death of the individual or ‘‘(ii) for a reason referred to in section 3311(c)( 4 ). ‘‘(j) R EGULATIONS.—(1) The Secretary of D efense, in coordina- tion with the Secretary of V eterans Affairs, shall prescribe regula- tions for purposes of this section. ‘‘(2) Such regulations shall specify— ‘‘(A) the manner of authori z ing the transfer of entitlements under this section; ‘‘(B) the eligibility criteria in accordance with subsection (b); and ‘‘( C ) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). ‘‘(k) SECRETARY CONCERNED DEFINED.— N otwithstanding sec- tion 1 0 1(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 M arine 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 con- cerning the Coast G uard, or the Secretary of H omeland Security when it is not operating as a service in the Navy. Ap p licab ili ty.

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