
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3491]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
  SUBCHAPTER V--SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED
 
Sec. 3491. Elementary and secondary education and preparatory 
        educational assistance
        
    (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) \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).
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84 Stat. 
79, Sec. 1691; amended Pub. L. 92-540, title III, Sec. 305, Oct. 24, 
1972, 86 Stat. 1081; Pub. L. 94-502, title II, Sec. 211(12), Oct. 15, 
1976, 90 Stat. 2389; Pub. L. 96-466, title III, Sec. 311, Oct. 17, 1980, 
94 Stat. 2194; Pub. L. 97-295, Sec. 4(43), Oct. 12, 1982, 96 Stat. 1308; 
Pub. L. 97-306, title II, Sec. 203(b), Oct. 14, 1982, 96 Stat. 1434; 
Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
2092; renumbered Sec. 3491 and amended Pub. L. 102-83, Sec. 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, Sec. 313(a)(3)(A), Oct. 29, 
1992, 106 Stat. 4332.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1691 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3471'' for 
``1671'' in concluding provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 4(43)(A), inserted ``of this 
title'' after ``section 1671''.
    Subsec. (b)(2). Pub. L. 97-295, Sec. 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, Sec. 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, Sec. 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, Sec. 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3231, 3241, 3462, 3473, 
3533, 3680 of this title.
