38 U.S. Code § 3315 - Licensure and certification tests

§ 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 certification tests described in section 3452(b).
(b)Limitation on Amount.—The amount payable under subsection (a) for a licensing or certification 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.
(c)Charge Against Entitlement.—The charge against an individual’s entitlement under this chapter for payment for a licensing or certification test 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).
(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.)
Amendment of Subsection (c)

Pub. L. 115–48, title I, § 108(a), (d), Aug. 16, 2017, 131 Stat. 978, provided that, applicable to a test taken on or after Aug. 1, 2018, subsection (c) of this section is amended—

(1) 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

(2) by striking “for each amount paid that equals” and inserting “payable”.

See 2017 Amendment note below.

Amendments

2017—Subsec. (c). Pub. L. 115–48, 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”.

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 subsec. (c) generally. Prior to amendment, text read as follows: “Any amount paid an individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this chapter.”

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 section 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 August 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.

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