
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3492]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
  SUBCHAPTER V--SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED
 
Sec. 3492. Tutorial assistance

    (a) In the case of any eligible veteran who--
        (1) is enrolled in and pursuing a postsecondary 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 tutorial assistance for such 
veteran if such assistance is necessary for the veteran to complete such 
program successfully.
    (b) The Secretary shall pay to an eligible veteran 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 tutorial 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 certification 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 indispensable 
    to the satisfactory pursuit of, an approved program of education;
        (2) the tutor chosen to perform such assistance is qualified and 
    is not the eligible veteran's parent, spouse, child (whether or not 
    married or over eighteen years of age), brother, or sister; and
        (3) the charges for such assistance do not exceed the customary 
    charges for such tutorial assistance.

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84 Stat. 
80, Sec. 1692; amended Pub. L. 92-540, title III, Sec. 306, Oct. 24, 
1972, 86 Stat. 1081; Pub. L. 93-508, title II, Sec. 206, Dec. 3, 1974, 
88 Stat. 1583; Pub. L. 94-502, title II, Sec. 209, Oct. 15, 1976, 90 
Stat. 2388; Pub. L. 95-202, title I, Sec. 102(5), Nov. 23, 1977, 91 
Stat. 1434; Pub. L. 96-466, title II, Secs. 201(5), 211(5), title III, 
Sec. 312, Oct. 17, 1980, 94 Stat. 2188, 2190, 2195; Pub. L. 98-543, 
title II, Sec. 202(4), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 100-689, 
title I, Sec. 107(c)(1), (2)(A), Nov. 18, 1988, 102 Stat. 4169; Pub. L. 
101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; 
renumbered Sec. 3492 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1692 of this 
title as this section.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3482'' for 
``1682''.
    1989--Pub. L. 101-237 substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    1988--Pub. L. 100-689, Sec. 107(c)(2)(A), substituted ``Tutorial 
assistance'' for ``Special supplementary assistance'' in section 
catchline.
    Subsec. (b). Pub. L. 100-689, Sec. 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, Sec. 211(5), substituted ``$76'' 
and ``$911'' for ``$72'' and ``$869'', respectively.
    Pub. L. 96-466, Sec. 201(5), substituted ``$72'' and ``$869'' for 
``$69'' and ``$828'', respectively.
    Subsec. (b)(2). Pub. L. 96-466, Sec. 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, Sec. 306(1), struck out 
``marked'' before ``deficiency''.
    Subsec. (b). Pub. L. 92-540, Sec. 306(2), inserted ``or until a 
maximum of $450 is utilized,'' after ``nine months''.
    Subsec. (b)(1). Pub. L. 92-540, Sec. 306(1), struck out ``marked'' 
before ``deficiency''.


                    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, respectively, 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 Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3019, 3234, 3533 of this 
title.
