38-U.S.C.-3491
§3491 – Elementary and Secondary Education and Preparatory Educational Assistance
Pathway
Title 38 > Part III > Chapter 34 > Subchapter V > Section 3491
Details
- Reference: Section 3491
- Legend: §3491 – Elementary and Secondary Education and Preparatory Educational Assistance
- USCode Year: 2013
Provision Content
(a) In the case of any eligible veteran who—
(1) has not received a secondary school diploma (or an equivalency certificate), or
(2) is not on active duty and who, in order to pursue a program of education for which the veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution,
the Secretary may, without regard to so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is already qualified, approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program.
(b)(1) The Secretary shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a)(2) of this section, an educational assistance allowance as provided in sections 3481 and 3482(a) or (b) of this title.
(2) The Secretary shall pay to an eligible veteran described in subsection (a)(1) of this section who is pursuing a course or courses or program under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate) an educational assistance allowance (A) at the rate of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same course, courses, or program, or (B) at the institutional full-time rate provided in section 3482(a) of this title, whichever is the lesser.
(c) The provisions of section 3473(d)(1) of this title, relating to the disapproval of enrollment in certain courses, shall be applicable to the enrollment of an eligible veteran who, while serving on active duty, enrolls in one or more courses under this subchapter for the purpose of 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; renumbered §3491 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
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 veterans 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 veterans 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 enrollment in adult evening secondary school courses.
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 section 802(c) of Pub. L. 96–466, set out as a note under section 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 Effective Date note under section 3693 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-3481 in the Legal Encyclopedia: Veterans
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38-U.S.C.-3473 in the Legal Encyclopedia: Readjustment
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38-U.S.C.-3474 in the Legal Encyclopedia: Education
In this entry about 38-U.S.C.-3474, find legal reference material, bibliographies and premiere content related to education in the American Encyclopedia of Law, presenting a comprehensive view of the United States education-specific issues, written by authorities in the field.
38-U.S.C.-3491 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-3491, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
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