Section 1 Short title
This Act may be cited as the “This act may be cited as the “Gold Star Siblings Educational Benefits Act”.
This act may be cited as the “Gold Star Siblings Educational Benefits Act
A BILL
To amend title 38, United States Code, to provide for the eligibility of siblings of certain veterans for educational assistance under the educational assistance programs of the Department of Veterans Affairs.
Sec. 2 Eligibility of siblings of certain veterans for educational assistance under Department of Veterans Affairs Survivors’ and Dependents’ Educational Assistance Program
Eligibility— Paragraph (1) of subsection (a) of section 3501 of title 38, United States Code, is amended—
in subparagraph (B), by inserting “or sibling” after “spouse”;
in subparagraph (C), by striking “spouse or child” and inserting “spouse, child, or sibling”;
in subparagraph (D), by inserting “or sibling” after “spouse” both places it appears; and
in subparagraph (E), by striking “spouse or child” and inserting “spouse, child, or sibling”.
Sibling defined— Such subsection is further amended by adding at the end the following new paragraph:
“(13) The term “sibling” means a brother or sister, whether by blood, adoption, or through a recognized guardianship or family relationship.”
Sec. 3 Eligibility of siblings of certain veterans for educational assistance under Marine Gunnery Sergeant John David Fry scholarship
Eligibility— Each of paragraphs (8), (9), and (10) of subsection (b) of section 3311 of title 38, United States Code, are amended by striking “child or spouse” and inserting “child, spouse, or sibling”.
Sibling defined— Paragraph (4) of subsection (f) of such section is amended to read as follows:
“(4) Definitions—For purposes of paragraphs (8), (9), and (10) of subsection (b):
“(A) The term “child” includes a married individual or an individual who is above the age of twenty-three years.
“(B) The term “sibling” means a brother or sister, whether by blood, adoption, or through a recognized guardianship or family relationship.”
Sec. 4 Eligibility of siblings of certain veterans for educational assistance transferred under Post-9/11 Educational Assistance Program
in subsection (c)(2)—
by striking “has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of section 1072(2) of title 10.” and inserting “means an person who, with respect to an individual approved to transfer an entitlement to educational assistance under this section, is—”; and
by adding at the end the following new subparagraphs:
“(A) a dependent referred to in subparagraph (A), (D), or (I) of section 1072(2) of title 10; or
“(B) the sibling of the individual.”
in subsection (g)—
in paragraph (1), by inserting “or a sibling 23 years of age or older” after “spouse”; and
in paragraph (2),
in the matter preceding subparagraph (A), by inserting “or a sibling under the age of 23” after “child”; and
in subparagraph (B), by inserting “or sibling” after “child” both places it appears;
in subsection (h)—
in paragraph (2)—
in subparagraph (A)—
by inserting “or a sibling 23 years of age or older” after “a spouse”; and
by inserting “or the sibling” after “the spouse”; and
in subparagraph (B)—
by inserting “or a sibling under the age of 23” after “a child”; and
by inserting “or the sibling” after “the child”;
in paragraph (3)—
in subparagraph (A), by inserting “or a sibling 23 years of age or older” after “spouse”; and
in subparagraph (B), by inserting “or a sibling under the age of 23” after “child”;
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
by inserting after paragraph (5) the following new paragraph (6):
“(6) Limitation on age of use by sibling transferees
“(A) In general—Except as provided in subparagraphs (B) and (C), a sibling to whom entitlement is transferred under this section may use the benefits transferred until the later of the following dates:
“(i) The 15-year delimiting date specified in section 3321.
“(ii) The date on which the sibling attains 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 sibling 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) of this title, the sibling 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 a period during which an individual acts 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.
“(iii) Date for commencement of use—The date specified in this clause for the beginning of the use of benefits by a sibling under clause (i) is the later of—
“(I) the date on which the sibling 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 sibling to initiate or resume the use of benefits; or
“(III) the date on which the sibling 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 sibling under clause (i) is the length equal to the length of the period that—
“(I) begins on the date on which the sibling 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 sibling ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or
“(bb) the date on which it is reasonably feasible, as so determined, for the sibling to initiate or resume the use of benefits.”
by adding at the end the following new subsection:
“(m) Definition of sibling—In this section, the term “sibling” means a brother or sister, whether by blood, adoption, or through a recognized guardianship or family relationship.”