38 U.S.C. § 3315A — National tests

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.