38 U.S.C. § 3327 — Election to receive educational assistance

Page 748 TITLE 38—VETERANS’ BENEFITS § 3326 (B) indicating whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the oppor- tunity for educational assistance under this chapter to individuals who have not yet en- tered active-duty service; and (C) describing the efforts under section 3323(b) of this title to inform members of the Armed Forces of the active duty service re- quirements for entitlement to educational assistance under this chapter and the results from such efforts; and (2) such recommendations for administrative and legislative changes regarding the provi- sion of educational assistance to members of the Armed Forces and veterans, and their de- pendents, as the Secretary of Defense con- siders appropriate. (c) CONTENTS OF SECRETARY OF VETERANS AF- FAIRS REPORTS.—The Secretary shall include in each report submitted under this section— (1) information concerning the level of utili- zation of educational assistance and of expend- itures under this chapter and under chapter 35 of this title; (2) appropriate student outcome measures, such as the number of credit hours, certifi- cates, degrees, and other qualifications earned by beneficiaries under this chapter and chap- ter 35 of this title during the academic year covered by the report; (3) the information received by the Sec- retary under section 3326 of this title; and (4) such recommendations for administrative and legislative changes regarding the provi- sion of educational assistance to members of the Armed Forces and veterans, and their de- pendents, as the Secretary considers appro- priate. (d) TERMINATION.—No report shall be required under this section after January 1, 2021. (Added Pub. L. 112–154, title IV, § 402(a)(1), Aug. 6, 2012, 126 Stat. 1188; amended Pub. L. 114–315, title IV, § 404(a)(1), Dec. 16, 2016, 130 Stat. 1554.) Editorial Notes AMENDMENTS 2016—Subsec. (c)(3), (4). Pub. L. 114–315 added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–315, title IV, § 404(c), Dec. 16, 2016, 130 Stat. 1554, provided that: ‘‘The amendments made by this section [enacting section 3326 of this title and amend- ing this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 16, 2016].’’ DEADLINE FOR SUBMITTAL OF FIRST REPORT Pub. L. 112–154, title IV, § 402(a)(3), Aug. 6, 2012, 126 Stat. 1189, provided that: ‘‘The first reports required under section 3325 of title 38, United States Code, as added by paragraph (1), shall be submitted by not later than November 1, 2013.’’ § 3326. Report on student progress (a) SUBMITTAL OF INFORMATION BY EDU- CATIONAL INSTITUTIONS.—As a condition of ap- proval under chapter 36 of this title of a course offered by an educational institution (as defined in section 3452 of this title), each year, each edu- cational institution (as so defined) that received a payment in that year on behalf of an indi- vidual entitled to educational assistance under this chapter shall submit to the Secretary such information regarding the academic progress of the individual as the Secretary may require. (b) REPORTS TO CONGRESS.—Not later than March 1 of each year, the Secretary shall submit to Congress a report that includes a summary of the information provided by educational institu- tions under subsection (a) for the calendar year preceding the year during which such report is submitted. (Added Pub. L. 114–315, title IV, § 404(a)(2), Dec. 16, 2016, 130 Stat. 1554; amended Pub. L. 115–48, title I, § 114, Aug. 16, 2017, 131 Stat. 985.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–48 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 year after Dec. 16, 2016, see section 404(c) of Pub. L. 114–315, set out as an Effective Date of 2016 Amendment note under section 3325 of this title. § 3327. Election to receive educational assistance (a) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA- TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An individual may elect to receive educational as- sistance under this chapter if such individual— (1) as of August 1, 2009— (A) is entitled to basic educational assist- ance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter; (B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; (C) is entitled to basic educational assist- ance under chapter 30 of this title but has not used any entitlement under that chap- ter; (D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; (E) is a member of the Armed Forces who is eligible for receipt of basic educational as- sistance under chapter 30 of this title and is making contributions toward such assist- ance under section 3011(b) or 3012(c) of this title; or (F) is a member of the Armed Forces who is not entitled to basic educational assist- ance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and (2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. Page 749 TITLE 38—VETERANS’ BENEFITS § 3327 1 See References in Text note below. (b) CESSATION OF CONTRIBUTIONS TOWARD GI BILL.—Effective as of the first month beginning on or after the date of an election under sub- section (a) of an individual described by para- graph (1)(E) of that subsection, the obligation of the individual to make contributions under sec- tion 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such sec- tion shall be deemed to be no longer applicable to the individual. (c) REVOCATION OF REMAINING TRANSFERRED ENTITLEMENT.— (1) ELECTION TO REVOKE.—If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the enti- tlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitle- ment so transferred remain unutilized, the in- dividual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. (2) AVAILABILITY OF REVOKED ENTITLEMENT.— Any entitlement revoked by an individual under this subsection shall no longer be avail- able to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. (3) AVAILABILITY OF UNREVOKED ENTITLE- MENT.—Any entitlement described in para- graph (1) that is not revoked by an individual in accordance with that paragraph shall re- main available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title. (d) POST-9/11 EDUCATIONAL ASSISTANCE.— (1) IN GENERAL.—Subject to paragraph (2) and except as provided in subsection (e), an in- dividual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the pro- visions of this chapter, instead of basic edu- cational assistance under chapter 30 of this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. (2) LIMITATION ON ENTITLEMENT FOR CERTAIN INDIVIDUALS.—In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that sub- section, the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to— (A) the number of months of unused enti- tlement of the individual under chapter 30 of this title, as of the date of the election, plus (B) the number of months, if any, of enti- tlement revoked by the individual under subsection (c)(1). (e) CONTINUING ENTITLEMENT TO EDUCATIONAL ASSISTANCE NOT AVAILABLE UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.— (1) IN GENERAL.—In the event educational as- sistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not au- thorized to be available to the individual under the provisions of this chapter, the indi- vidual shall remain entitled to such edu- cational assistance in accordance with the provisions of the applicable chapter. (2) CHARGE FOR USE OF ENTITLEMENT.—The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of 1 month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as de- termined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as appli- cable). (f) ADDITIONAL POST-9/11 ASSISTANCE FOR MEM- BERS HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— (1) ADDITIONAL ASSISTANCE.—In the case of an individual making an election under sub- section (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that sub- section, the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 1 of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the appli- cable paragraph increased by the amount equal to— (A) the total amount of contributions to- ward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by (B) the fraction— (i) the numerator of which is— (I) the number of months of entitle- ment to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the elec- tion; plus (II) the number of months, if any, of entitlement under chapter 30 of this title revoked by the individual under sub- section (c)(1); and (ii) the denominator of which is 36 months. (2) MONTHS OF REMAINING ENTITLEMENT FOR CERTAIN INDIVIDUALS.—In the case of an indi- vidual covered by paragraph (1) who is de- scribed by subsection (a)(1)(E), the number of months of entitlement to basic educational as- sistance remaining to the individual for pur- poses of paragraph (1)(B)(i)(II) shall be 36 months. (3) TIMING OF PAYMENT.—The amount pay- able with respect to an individual under para- graph (1) shall be paid to the individual to- gether with the last payment of the monthly stipend payable to the individual under para- graph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 1 of that sec- tion (as applicable), before the exhaustion of Page 750 TITLE 38—VETERANS’ BENEFITS § 3327 the individual’s entitlement to educational as- sistance under this chapter. (g) CONTINUING ENTITLEMENT TO ADDITIONAL ASSISTANCE FOR CRITICAL SKILLS OR SPECIALTY AND ADDITIONAL SERVICE.—An individual mak- ing an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or sup- plemental educational assistance under sub- chapter III of chapter 30 of this title, shall re- main entitled to such increased educational as- sistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as appli- cable, equivalent of the monthly amount of such increased educational assistance or supple- mental educational assistance payable with re- spect to the individual at the time of the elec- tion. (h) ALTERNATIVE ELECTION BY SECRETARY.— (1) IN GENERAL.—In the case of an individual who, on or after January 1, 2017, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative elec- tion on behalf of the individual that the Sec- retary determines is in the best interests of the individual. (2) NOTICE.—If the Secretary makes an elec- tion on behalf of an individual under this sub- section, the Secretary shall notify the indi- vidual by not later than seven days after mak- ing such election and shall provide the indi- vidual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or re- voke the election made by the Secretary on the individual’s behalf. The Secretary shall in- clude, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the indi- vidual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible. (i) IRREVOCABILITY OF ELECTIONS.—An election under subsection (a) or (c)(1) is irrevocable. (Added Pub. L. 114–315, title IV, § 405(a), Dec. 16, 2016, 130 Stat. 1555.) Editorial Notes REFERENCES IN TEXT Paragraph (7) of section 3313(c) of this title, referred to in subsec. (f)(1), (3), was repealed by Pub. L. 115–48, title I, § 105(b), Aug. 16, 2017, 131 Stat. 975. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 110–252, title V, § 5003(c), June 30, 2008, 122 Stat. 2375, which was formerly set out as a note under section 3301 of this title prior to repeal by Pub. L. 114–315, title IV, § 405(c), Dec. 16, 2016, 130 Stat. 1558. CHAPTER 34—VETERANS’ EDUCATIONAL ASSISTANCE SUBCHAPTER I—PURPOSE—DEFINITIONS Sec. 3451. Purpose. 3452. Definitions. SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT 3461. Eligibility; entitlement; duration. 3462. Time limitations for completing a program of education. SUBCHAPTER III—ENROLLMENT 3470. Selection of program. 3471. Applications; approval. [3473. Repealed.] 3474. Discontinuance for unsatisfactory conduct or progress. 3476. Education outside the United States. SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES 3481. Educational assistance allowance. 3482. Computation of educational assistance allow- ances. 3483. Approval of courses. 3484. Apprenticeship or other on-job training; cor- respondence courses. 3485. Work-study allowance. SUBCHAPTER V—SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED 3490. Purpose. 3491. Elementary and secondary education and pre- paratory educational assistance. 3492. Tutorial assistance. 3493. Effect on educational entitlement. Editorial Notes AMENDMENTS 1992—Pub. L. 102–568, title III, § 313(a)(3)(B), Oct. 29, 1992, 106 Stat. 4332, struck out item 3473 ‘‘Disapproval of enrollment in certain courses’’. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1651 to 1693 as 3451 to 3493, respec- tively. Pub. L. 102–16, § 2(b)(1)(B), Mar. 22, 1991, 105 Stat. 49, struck out item 1663 ‘‘Educational and vocational coun- seling’’. 1989—Pub. L. 101–237, title IV, § 405(d)(4)(B), Dec. 18, 1989, 103 Stat. 2082, substituted ‘‘Work-study allow- ance’’ for ‘‘Veteran-student services’’ in item 1685. 1988—Pub. L. 100–689, title I, §§ 107(c)(2)(B), 124(c)(1), Nov. 18, 1988, 102 Stat. 4169, 4175, substituted ‘‘Tutorial assistance’’ for ‘‘Special supplementary assistance’’ in item 1692 and struck out items 1682A ‘‘Accelerated pay- ment of educational assistance allowances’’ and 1686 ‘‘Education loans’’. 1981—Pub. L. 97–35, title XX, § 2003(b)(3)(B), Aug. 13, 1981, 95 Stat. 782, struck out item 1677 ‘‘Flight train- ing’’. 1980—Pub. L. 96–466, title VI, § 601(a)(2), Oct. 17, 1980, 94 Stat. 2208, struck out ‘‘SUBCHAPTER VI— PREDISCHARGE EDUCATION PROGRAM’’ heading and items 1695 ‘‘Purpose; definition’’, 1696 ‘‘Payment of educational assistance allowance’’, 1697 ‘‘Educational and vocational guidance’’, and 1698 ‘‘Coordination with and participation by Department of Defense’’. 1977—Pub. L. 95–202, title II, § 201(c)(1), Nov. 23, 1977, 91 Stat. 1438, added item 1682A. 1976—Pub. L. 94–502, title II, § 210(4), Oct. 15, 1976, 90 Stat. 2388, renumbered item 1697A as 1698. 1974—Pub. L. 93–508, title III, § 302(b), Dec. 3, 1974, 88 Stat. 1591, added item 1686. 1972—Pub. L. 92–540, title IV, § 404(a), Oct. 24, 1972, 86 Stat. 1090, inserted in Subchapter IV heading ‘‘VET-