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38 U.S.C. § 3314 — Tutorial assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3314 — Tutorial assistance

**(a) In General.—** Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492. **(b) Conditions.—** (1) **In general.—** — The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492. (2) **Certification.—** — In addition to the conditions specified in paragraph (1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that— (A) such benefits are essential to correct a deficiency of the individual in such course; and (B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education. **(c) Amount.—** (1) **In general.—** — The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized. (2) **As additional assistance.—** — The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313. **(d) No Charge Against Entitlement.—** Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter.

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Source location: Title 38, Chapter 33, § 3314; chapter-033-post-9-11-educational-assistance.md

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**(a) In General.—** Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492. **(b) Conditions.—** (1) **In general.—** — The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492. (2) **Certification.—** — In addition to the conditions specified in paragraph (1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that— (A) such benefits are essential to correct a deficiency of the individual in such course; and (B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education. **(c) Amount.—** (1) **In general.—** — The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized. (2) **As additional assistance.—** — The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313. **(d) No Charge Against Entitlement.—** Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. **(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim). **(c) Written Notification.—** (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member. (2

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3314 — Tutorial assistance

Page 735 TITLE 38—VETERANS’ BENEFITS § 3315 Pub. L. 111–377, title I, § 106(b), Jan. 4, 2011, 124 Stat. 4118, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on August 1, 2011.’’ EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title. EFFECTIVE DATE Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces. DURATION OF ASSISTANCE Pub. L. 115–48, title I, § 106(d), Aug. 16, 2017, 131 Stat. 977, provided that: ‘‘Notwithstanding section 3312 of title 38, United States Code, an individual who estab- lishes eligibility for educational assistance under chap- ter 33 of such title by crediting towards such chapter service previously credited towards chapter 1607 of title 10, United States Code, is only entitled to a number of months of educational assistance under section 3313 of title 38, United States Code, equal to the number of months of entitlement remaining under chapter 1607 of title 10, United States Code, at the time of conversion to chapter 33 of title 38, United States Code.’’ PRESERVATION OF HIGHER RATES FOR TUITION AND FEES FOR PROGRAMS OF EDUCATION AT NON-PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUED BY INDI- VIDUALS ENROLLED IN SUCH PROGRAMS PRIOR TO CHANGE IN MAXIMUM AMOUNT Pub. L. 112–26, § 2, Aug. 3, 2011, 125 Stat. 268, provided that: ‘‘(a) IN GENERAL.—Notwithstanding paragraph (1)(A)(ii) of section 3313(c) of title 38, United States Code (as amended by the Post-9/11 Veterans Edu- cational Assistance Improvements Act of 2010 (Public Law 111–377)),

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