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Title 38 — Veterans’ Benefits

Part III · Chapter 33 — Post–9/11 Educational Assistance

§ 3315A. National tests

Statutory text

(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 institution 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 opportunity for course credit at an institution of higher learning as so described.

(b)

Amount.—

The amount of educational assistance 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 number of months of entitlement charged an individual under this chapter for a test described in subsection (a) 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 , $1,460; or

(2)

for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 title I § 108(a)(1) · 124 Stat. 4106

    Enacted · 38 U.S.C. § 3315A

    Added Pub. L. 111–377, title I, § 108(a)(1), Jan. 4, 2011, 124 Stat. 4118

    Source evidence

    Code source credit
    Added Pub. L. 111–377, title I, § 108(a)(1), Jan. 4, 2011, 124 Stat. 4118

    Enacted provision · exact public law section
    (1) In general.— Chapter 33 is amended by inserting after section 3315 the following new section: “§ 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 institution 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. “(b) Amount.— The amount of educational assistance 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 number of months of entitlement charged an individual under this chapter for a test described in subsection (a) shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals— “(1) for the academic year beginning on August 1, 2011, $1,460; or “(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).” .

  2. Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 108(b)(1) · 131 Stat. 973

    Added · 38 U.S.C. § 3315A(a)(3)

    Pub. L. 115–48, § 108(b)(1), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–48, § 108(b)(1), added par. (3).

    Enacted provision · exact public law section
    (1) in subsection (a), by adding at the end the following new paragraph: “(3) A national test that evaluates prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning as so described.” ; and

    Effective date note
    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.

  3. Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 108(b)(2) · 131 Stat. 973

    Substituted · 38 U.S.C. § 3315A(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 determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals”

    Source evidence

    Code amendment note
    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 determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals”.

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by striking “shall be determined at the rate of one month (rounded to the nearest whole month)” and inserting “shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month”; and (B) by striking “for each amount paid that equals” and inserting “payable”.

    Effective date note
    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.

3 of 3 references resolved to an enrolled provision

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 determined 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 , 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), , 124 Stat. 4119, provided that: “The amendments made by this section [enacting this section] shall take effect on , and shall apply with respect to national tests taken on or after that date.”

Credits

2011–2017 · 2 acts
  1. 2011Added Pub. L. 111–377, title I, § 108(a)(1), , 124 Stat. 4118
  2. 2017amended Pub. L. 115–48, title I, § 108(b), , 131 Stat. 978.
Show as published

(Added Pub. L. 111–377, title I, § 108(a)(1), , 124 Stat. 4118; amended Pub. L. 115–48, title I, § 108(b), , 131 Stat. 978.)

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