38 U.S.C. § 3492 — Tutorial assistance

Page 773 TITLE 38—VETERANS’ BENEFITS § 3492 attaining a secondary school diploma (or an equivalency certificate). (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691; amended Pub. L. 92–540, title III, § 305, Oct. 24, 1972, 86 Stat. 1081; Pub. L. 94–502, title II, § 211(12), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 96–466, title III, § 311, Oct. 17, 1980, 94 Stat. 2194; Pub. L. 97–295, § 4(43), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97–306, title II, § 203(b), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renum- bered § 3491 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Section 3473(d)(1) of this title, referred to in subsec. (c), was repealed by Pub. L. 102–568, title III, § 313(a)(3)(A), Oct. 29, 1992, 106 Stat. 4332. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1691 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3471’’ for ‘‘1671’’ in concluding provisions. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3481 and 3482(a)’’ for ‘‘1681 and 1682(a)’’ in par. (1) and ‘‘3482(a)’’ for ‘‘1682(a)’’ in par. (2). Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3473(d)(1)’’ for ‘‘1673(d)(1)’’. 1989—Subsecs. (a), (b). Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1982—Subsec. (a). Pub. L. 97–295, § 4(43)(A), inserted ‘‘of this title’’ after ‘‘section 1671’’. Subsec. (b)(2). Pub. L. 97–295, § 4(43)(B), inserted ‘‘of this title’’ after ‘‘section 1682(a)’’. Subsec. (c). Pub. L. 97–306 substituted ‘‘section 1673(d)(1)’’ for ‘‘section 1673(d)’’. 1980—Subsec. (a). Pub. L. 96–466, § 311(1), in provisions preceding par. (1) struck out ‘‘not on active duty’’ after ‘‘eligible veteran’’, in par. (1) struck out ‘‘at the time of the veteran’s discharge or release from active duty’’ after ‘‘(or an equivalency certificate)’’, and in par. (2) inserted ‘‘is not on active duty and who,’’ before ‘‘in order to pursue’’. Subsec. (b). Pub. L. 96–466, § 311(2), designated existing provisions as par. (1), substituted reference to subsec. (a)(2) of this section for reference to subsec. (a) of this section, and added par. (2). Subsec. (c). Pub. L. 96–466, § 311(3), added subsec. (c). 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘the vet- eran’s’’ for ‘‘his’’ and ‘‘the veteran’’ for ‘‘he’’ wherever appearing. 1972—Subsec. (b). Pub. L. 92–540 struck out provision relating to the approval in excess of half-time training as defined pursuant to section 1684 of this title of en- rollment in adult evening secondary school courses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except that subsec. (b)(2) of this section, as added by section 311(2)(C) of Pub. L. 96–466, not applicable to any person receiving educational assistance under this chapter on Oct. 1, 1980, for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for pursuit of such program, see sec- tion 802(c) of Pub. L. 96–466, set out as a note under sec- tion 3452 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3492. Tutorial assistance (a) In the case of any eligible veteran who— (1) is enrolled in and pursuing a postsec- ondary course of education on a half-time or more basis at an educational institution; and (2) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education, the Secretary may approve individualized tuto- rial assistance for such veteran if such assist- ance is necessary for the veteran to complete such program successfully. (b) The Secretary shall pay to an eligible vet- eran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in section 3482 of this title, the cost of such tuto- rial assistance in an amount not to exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized, upon cer- tification by the educational institution that— (1) the individualized tutorial assistance is essential to correct a deficiency of the eligible veteran in a subject required as a part of, or which is prerequisite to, or which is indispen- sable to the satisfactory pursuit of, an ap- proved program of education; (2) the tutor chosen to perform such assist- ance is qualified and is not the eligible vet- eran’s parent, spouse, child (whether or not married or over eighteen years of age), broth- er, or sister; and (3) the charges for such assistance do not ex- ceed the customary charges for such tutorial assistance. (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1692; amended Pub. L. 92–540, title III, § 306, Oct. 24, 1972, 86 Stat. 1081; Pub. L. 93–508, title II, § 206, Dec. 3, 1974, 88 Stat. 1583; Pub. L. 94–502, title II, § 209, Oct. 15, 1976, 90 Stat. 2388; Pub. L. 95–202, title I, § 102(5), Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96–466, title II, §§ 201(5), 211(5), title III, § 312, Oct. 17, 1980, 94 Stat. 2188, 2190, 2195; Pub. L. 98–543, title II, § 202(4), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 100–689, title I, § 107(c)(1), (2)(A), Nov. 18, 1988, 102 Stat. 4169; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3492 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1692 of this title as this section. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3482’’ for ‘‘1682’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1988—Pub. L. 100–689, § 107(c)(2)(A), substituted ‘‘Tuto- rial assistance’’ for ‘‘Special supplementary assist- ance’’ in section catchline. Subsec. (b). Pub. L. 100–689, § 107(c)(1), substituted ‘‘$100’’ and ‘‘$1,200’’ for ‘‘$84’’ and ‘‘$1,008’’, respectively. 1984—Subsec. (b). Pub. L. 98–543 substituted ‘‘$84’’ and ‘‘$1,008’’ for ‘‘$76’’ and ‘‘$911’’, respectively. 1980—Subsec. (b). Pub. L. 96–466, § 211(5), substituted ‘‘$76’’ and ‘‘$911’’ for ‘‘$72’’ and ‘‘$869’’, respectively. Pub. L. 96–466, § 201(5), substituted ‘‘$72’’ and ‘‘$869’’ for ‘‘$69’’ and ‘‘$828’’, respectively. Page 774 TITLE 38—VETERANS’ BENEFITS § 3493 Subsec. (b)(2). Pub. L. 96–466, § 312, inserted ‘‘and is not the eligible veteran’s parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister’’ after ‘‘is qualified’’. 1977—Subsec. (b). Pub. L. 95–202 substituted ‘‘$69’’ and ‘‘$828’’ for ‘‘$65’’ and ‘‘$780’’, respectively. 1976—Subsec. (b). Pub. L. 94–502 substituted ‘‘$65’’ for ‘‘$60’’ and ‘‘$780’’ for ‘‘$720’’, respectively. 1974—Subsec. (b). Pub. L. 93–508 substituted ‘‘$60 per month, for a maximum of twelve months, or until a maximum of $720’’ for ‘‘$50 per month, for a maximum of nine months, or until a maximum of $450’’. 1972—Subsec. (a)(2). Pub. L. 92–540, § 306(1), struck out ‘‘marked’’ before ‘‘deficiency’’. Subsec. (b). Pub. L. 92–540, § 306(2), inserted ‘‘or until a maximum of $450 is utilized,’’ after ‘‘nine months’’. Subsec. (b)(1). Pub. L. 92–540, § 306(1), struck out ‘‘marked’’ before ‘‘deficiency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–543 effective Oct. 1, 1984, see section 205 of Pub. L. 98–543, set out as a note under section 3108 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 201(5) and 211(5) of Pub. L. 96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respec- tively, see section 802(b) of Pub. L. 96–466, set out as a note under section 3482 of this title. Amendment by section 312 of Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 1, 1976, see section 703(a) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title. § 3493. Effect on educational entitlement The educational assistance allowance or cost of individualized tutorial assistance authorized by this subchapter shall be paid without charge to any period of entitlement the veteran may have earned pursuant to section 3461(a) of this title. (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1693; renumbered § 3493 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1693 of this title as this section and substituted ‘‘3461(a)’’ for ‘‘1661(a)’’. [§§ 3495 to 3498. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, sections 1695 to 1698 of this chapter, which comprised former subchapter VI of this chapter, were repealed by Pub. L. 96–466, title VI, § 601(a)(1), title VIII, § 802(f), Oct. 17, 1980, 94 Stat. 2208, 2218, effective Oct. 1, 1980. Section 1695, added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter VI relating to a predischarge education pro- gram and defined ‘‘eligible person’’ for purposes of such subchapter. Section 1696, added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92–540, title I, § 102(5), title III, § 307, Oct. 24, 1972, 86 Stat. 1075, 1081; Pub. L. 93–508, title I, § 102(5), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, § 203(c), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title II, §§ 201(4), 210(5), 211(13), Oct. 15, 1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95–202, title I, § 102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an educational assistance allowance. Section 1697, added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 81, related to educational and vo- cational guidance. Section 1698, added Pub. L. 92–540, title III, § 308, Oct. 24, 1972, 86 Stat. 1082, § 1697A; renumbered § 1698 and amended Pub. L. 94–502, title II, §§ 210(3), 211(14), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 95–202, title III, § 302(b), Nov. 23, 1977, 91 Stat. 1441, related to coordination with and participation by Department of Defense in carrying out functions and duties of Department of Defense under predischarge education program. CHAPTER 35—SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE SUBCHAPTER I—DEFINITIONS Sec. 3500. Purpose. 3501. Definitions. SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT 3510. Eligibility and entitlement generally. 3511. Duration of educational assistance. 3512. Periods of eligibility. 3513. Application. 3514. Processing of applications. SUBCHAPTER III—PROGRAM OF EDUCATION 3520. Educational and vocational counseling. 3521. Approval of application. 3523. Disapproval of enrollment in certain courses. 3524. Discontinuance for unsatisfactory progress. SUBCHAPTER IV—PAYMENTS TO ELIGIBLE PERSONS 3531. Educational assistance allowance. 3532. Computation of educational assistance allow- ance. 3533. Special assistance for the educationally dis- advantaged. 3534. Apprenticeship or other on-job training; cor- respondence courses. 3535. Approval of courses. 3536. Specialized vocational training courses. 3537. Work-study allowance. SUBCHAPTER V—SPECIAL RESTORATIVE TRAINING 3540. Purpose. 3541. Entitlement to special restorative training. 3542. Special training allowance. 3543. Special administrative provisions. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 3561. Authority and duties of Secretary. 3562. Nonduplication of benefits. 3563. Notification of eligibility. 3564. Annual adjustment of amounts of educational assistance.