38 U.S.C. § 3315 — Licensure and certification tests

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)), the amount payable under that para- graph (or as appropriately adjusted under paragraphs (2) through (7) of that section) for tuition and fees for pursuit by an individual described in subsection (b) of an approved program of education at a non-public insti- tution of higher learning during the period beginning on August 1, 2011, and ending on July 31, 2014, shall be the greater of— ‘‘(1) $17,500; or ‘‘(2) the established charges payable for the pro- gram of education determined using the table of the Department of Veterans Affairs entitled ‘Post-9/11 GI Bill 2010–2011 Tuition and Fee In-State Maximums’, published October 27, 2010 (75 Fed. Reg. 66193), as if that table applied to the pursuit of the program of education by that individual during that period. ‘‘(b) COVERED INDIVIDUALS.—An individual described in this subsection is an individual entitled to edu- cational assistance under chapter 33 of title 38, United States Code, who, since January 4, 2011, has been en- rolled in the same non-public institution of higher learning in a State in which— ‘‘(1) the maximum amount of tuition per credit in the 2010–2011 academic year, as determined pursuant to the table referred to in subsection (a)(2), exceeded $700; and ‘‘(2) the combined amount of tuition and fees for full-time attendance in the program of education in such academic year exceeded $17,500. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘approved program of education’ has the meaning given that term in section 3313(b) of title 38, United States Code. ‘‘(2) The term ‘established charges’, with respect to a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs on the basis of a full academic year) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. ‘‘(3) The term ‘institution of higher learning’ has the meaning given that term in section 3452(f) of title 38, United States Code.’’ § 3314. Tutorial assistance (a) IN GENERAL.—Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to bene- fits 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 condi- tions specified in paragraph (1), benefits may not be provided to an individual under sub- section (a) unless the professor or other indi- vidual 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 satis- factory pursuit of, an approved program of education. (c) AMOUNT.— (1) IN GENERAL.—The amount of benefits de- scribed 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 as- sistance 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 as- sistance benefits provided the individual under this chapter. (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2366.) Statutory Notes and Related Subsidiaries 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. § 3315. Licensure and certification tests (a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for licensing or cer- tification tests described in section 3452(b). (b) LIMITATION ON AMOUNT.—The amount pay- able under subsection (a) for a licensing or cer- tification test may not exceed the lesser of— (1) $2,000; (2) the fee charged for the test; or (3) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section. Page 736 TITLE 38—VETERANS’ BENEFITS § 3315A (c) CHARGE AGAINST ENTITLEMENT.—The charge against an individual’s entitlement under this chapter for payment for a licensing or certification test shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable— (1) for the academic year beginning on Au- gust 1, 2011, $1,460; or (2) for an academic year beginning on any subsequent August 1, the amount for the pre- vious academic year beginning on August 1 under this subsection, as increased by the per- centage increase equal to the most recent per- centage increase determined under section 3015(h). (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2367; amended Pub. L. 111–377, title I, § 107(a), (b), Jan. 4, 2011, 124 Stat. 4118; Pub. L. 115–48, title I, § 108(a), Aug. 16, 2017, 131 Stat. 978.) Editorial Notes AMENDMENTS 2017—Subsec. (c). Pub. L. 115–48, in introductory pro- visions, substituted ‘‘shall be pro-rated based on the ac- tual amount of the fee charged for the test relative to the rate for 1 month payable’’ for ‘‘shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals’’. 2011—Subsec. (a). Pub. L. 111–377, § 107(a), substituted ‘‘licensing or certification tests’’ for ‘‘one licensing or certification test’’. Subsec. (b)(3). Pub. L. 111–377, § 107(b)(2), added par. (3). Subsec. (c). Pub. L. 111–377, § 107(b)(1), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘Any amount paid an individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this chapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–48, title I, § 108(d), Aug. 16, 2017, 131 Stat. 978, provided that: ‘‘The amendments made by this Act [probably should be ‘‘this section’’, amending this sec- tion and sections 3315A and 3452 of this title] shall apply to a test taken on or after August 1, 2018.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title I, § 107(c), Jan. 4, 2011, 124 Stat. 4118, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on Au- gust 1, 2011, and shall apply with respect to licensure and certification tests taken on or after that date.’’ 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. § 3315A. National tests (a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following: (1) A national test for admission to an insti- tution of higher learning as described in the last sentence of section 3452(b). (2) A national test providing an opportunity for course credit at an institution of higher learning as so described. (3) A national test that evaluates prior learning and knowledge and provides an oppor- tunity for course credit at an institution of higher learning as so described. (b) AMOUNT.—The amount of educational as- sistance payable under this chapter for a test described in subsection (a) is the lesser of— (1) the fee charged for the test; or (2) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section. (c) CHARGE AGAINST ENTITLEMENT.—The num- ber of months of entitlement charged an indi- vidual under this chapter for a test described in subsection (a) shall be pro-rated based on the ac- tual amount of the fee charged for the test rel- ative to the rate for 1 month payable— (1) for the academic year beginning on Au- gust 1, 2011, $1,460; or (2) for an academic year beginning on any subsequent August 1, the amount for the pre- vious academic year beginning on August 1 under this subsection, as increased by the per- centage increase equal to the most recent per- centage increase determined under section 3015(h). (Added Pub. L. 111–377, title I, § 108(a)(1), Jan. 4, 2011, 124 Stat. 4118; amended Pub. L. 115–48, title I, § 108(b), Aug. 16, 2017, 131 Stat. 978.) Editorial Notes AMENDMENTS 2017—Subsec. (a)(3). Pub. L. 115–48, § 108(b)(1), added par. (3). Subsec. (c). Pub. L. 115–48, § 108(b)(2), in introductory provisions, substituted ‘‘shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable’’ for ‘‘shall be deter- mined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title. EFFECTIVE DATE Pub. L. 111–377, title I, § 108(b), Jan. 4, 2011, 124 Stat. 4119, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on Au- gust 1, 2011, and shall apply with respect to national tests taken on or after that date.’’ § 3315B. Preparatory courses for licensure, cer- tification, or national tests (a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for a covered pre- paratory course. (b) AMOUNT.—The amount of educational as- sistance payable under this chapter for a cov- ered preparatory course is the lesser of— (1) the fee charged for the covered pre- paratory course; or (2) the amount of entitlement available to the individual under this chapter at the time of payment for the covered preparatory course under this section.