§3491 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must pay education payments to eligible veterans who meet one of two conditions. One, they do not have a secondary school diploma or an equivalency certificate. Two, they are not on active duty and need refresher, deficiency, or other preparatory help to get into an approved school or program. If a veteran needs prep courses, the payment follows the rates in sections 3481 and 3482(a) or (b). If a veteran is taking courses to earn a secondary diploma or equivalency, the payment covers either the tuition and fees charged to similar nonveterans or the institutional full‑time rate in section 3482(a), whichever is less. The disapproval rule in section 3473(d)(1) also applies when an active‑duty veteran enrolls for a diploma.

Title 38, §3491

Veterans' Benefits — Source: USLM XML via OLRC

(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,

(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 section 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) 11 See References in Text note below. 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).

Notes & Related Subsidiaries

Editorial Notes

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 veteran’s 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 veteran’s” 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment 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 AmendmentAmendment 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.

§3491 Elementary and Secondary Education and Preparatory Educational Assistance

Summary

Title 38, §3491

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata