§ 3491. Elementary and secondary education and preparatory educational assistance

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 title II § 204(a)(4) · 84 Stat. 76

   Enacted · 38 U.S.C. § 3491

   Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691

   Source evidence

   Code source credit
   Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691

   Enacted provision · exact public law section
   (4) adding at the end of chapter 34 the following new subchapters: 80 Stat. 12; 81 Stat. 186. 38 USC 1651–1687. “Subchapter V— Special Assistance for the Educationally Disadvantaged “§ 1690. Purpose “It is the purpose of this subchapter (1) to encourage and assist veterans who have academic deficiencies to attain a high school education or its equivalent and to qualify for and pursue courses of higher education, (2) to assist eligible veterans to pursue postsecondary education through tutorial assistance where required;and (3) to encourage educational institutions to develop programs which provide special tutorial, remedial, preparatory, or other educational or supplementary assistance to such veterans. “§ 1691. Elementary and secondary education and preparatory educational assistance “(a) In the case of any eligible veteran not on active duty who— “(1) has not received a secondary school diploma (or an equivalency certificate) at the time of his discharge or release from active duty, or “(2) in order to pursue a program of education for which he 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 Administrator may, without regard to so much of the provisions of section 1671 as prohibit the enrollment of an eligible veteran in a 80 Stat. 15. program of education in which he is ‘already qualified’, approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program. “(b) The Administrator shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a) of this section, an educational assistance allowance as provided in sections 1681 80 Stat. 17; Ante, p. 77. and 1682 (a) or (b) of this title; except that no enrollment in adult evening secondary school courses shall be approved in excess of 80 Stat. 18; 81 Stat. 186. half-time training as defined pursuant to section 1684 of this title. “§ 1692. Special supplementary 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 marked 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 Administrator may approve individualized tutorial assistance for such veteran if such assistance is necessary for the veteran to complete such program successfully. “(b) The Administrator 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 1682 of this title, the cost of such tutorial assistance in an amount not to exceed $50 per month for a maximum of nine months, upon certification by the educational institution that— “(1) the individualized tutorial assistance is essential to correct a marked deficiency of the eligible veteran in a subject requited 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 “(3) the charges for such assistance do not exceed the customary charges for such tutorial assistance. “§ 1693. Effect on educational entitlement “The educational assistance allowance or cost of individualized tutorial assistance authorized by this subchapter shall be paid without charge to any period of entitlement the veteran may have earned 82 Stat. 1331. pursuant to section 1661 (a) of this title. “Subchapter VI— Predischarge Education Program “§ 1695. Purpose; definition “(a) The purpose of this subchapter is to encourage and assist veterans in preparing for their future education, training, or vocation by providing them with an opportunity to enroll in and pursue a program of education or training prior to their discharge or release from active PREP. duty with the Armed Forces. The program provided for under this subchapter shall be known as the Predischarge Education Program (PREP). “(b) For the purposes of this subchapter, the term ‘eligible person’ means any person serving on active duty with the Armed Forces who has completed more than 180 consecutive days of such active duty service as certified to the Administrator by the Secretary concerned. “§ 1696. Payment of educational assistance allowance “(a) The Administrator shall, under such regulations as he shall prescribe after consultation with the Secretary of Defense, pay the educational assistance allowance as computed in subsection (b) of this section to an eligible person enrolled in and pursuing (1) a course or courses offered by an educational institution (other than by correspondence) and required to receive a secondary’ school diploma, or (2) any deficiency, remedial, or refresher course or courses offered by an educational institution and required for or preparatory to the pursuit of an appropriate course or training program in an approved educational institution or training establishment. “(b) The educational assistance allowance of an eligible person pursuing education or training under this subchapter shall be computed at the rate of (1) the established charges for tuition and fees which the educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to pay, and the cost of books and supplies peculiar to the course which such educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to have, or (2) $175 per month for a full-time course, whichever is the lesser. “(e) The educational assistance allowance authorized by this section shall be paid without charge to any period of entitlement earned pursuant to section 1661(a) of this title. 82 Stat. 1331. “§ 1697. Educational and vocational guidance “The Administrator shall, to the extent that professional counselors are available, provide, by contract or otherwise, educational and vocational guidance to persons eligible for educational assistance under this subchapter.”

2. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title III § 305 · 86 Stat. 1074

   Struck · 38 U.S.C. § 3491(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 305. Section 1691 of title 38, United States Code, is amended by amending subsection (b) to read as follows; “(b) The Administrator shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a) of this section, an educational assistance allowance as provided in sections 1681 and 1682 (a) or (b) of this title.”

3. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title II § 211(12) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3491(a)

      Pub. L. 94–502 substituted “the veteran’s” for “his” wherever appearing

   2. Substituted · 38 U.S.C. § 3491(a)

      Pub. L. 94–502 substituted “the veteran” for “he” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502 substituted “the veteran’s” for “his” and “the veteran” for “he” wherever appearing.

   Enacted provision · exact public law section
   (12) by striking out in section 1691(a) “his” and “he” each 38 USC 1691. time they appear and inserting in lieu thereof “the veteran’s” and “the veteran”, respectively;

4. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 311(1) · 94 Stat. 2171

   Struck and inserted · 38 U.S.C. § 3491(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in subsection (a) by— (A) striking out “not on active duty”; (B) striking out “at the time of the veteran’s discharge or release from active duty”; and (C) inserting “is not on active duty and who,” after “(2)”;

   Effective date note
   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.

5. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 311(2) · 94 Stat. 2171

   1. Amended · 38 U.S.C. § 3491(b)

      Pub. L. 96–466, § 311(2), designated existing provisions as par. (1)

   2. Substituted · 38 U.S.C. § 3491(b)

      Pub. L. 96–466, § 311(2), substituted reference to subsec. (a)(2) of this section for reference to subsec. (a) of this section

   3. Added · 38 U.S.C. § 3491(b)

      Pub. L. 96–466, § 311(2), added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (2) in subsection (b) by— (A) inserting “(1)” before “The”; (B) inserting “(2)” after “subsection (a)”; and (C) adding at the end the following new paragraph: “(2) The Administrator 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 non veterans enrolled in the same course, courses, or program, or (B) at the institutional full-time rate provided in section 1682(a), whichever is the lesser.”; and Ante, pp. 2187, 2189. 38 USC 1673.

   Effective date note
   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.

6. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 311(3) · 94 Stat. 2171

   Added · 38 U.S.C. § 3491(c)

   Pub. L. 96–466, § 311(3), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–466, § 311(3), added subsec. (c).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(c) The provisions of section 1673(d) 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).”.

   Effective date note
   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.

7. 1982

   Pub. L. 97–295 § 4(43)(A) · 96 Stat. 1287

   Inserted · 38 U.S.C. § 3491(a)

   Pub. L. 97–295, § 4(43)(A), inserted “of this title” after “section 1671”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295, § 4(43)(A), inserted “of this title” after “section 1671”.

   Enacted provision · exact public law section
   (A) in subsection (a), by inserting “of this title” after “section 1671”; and

8. 1982

   Pub. L. 97–295 § 4(43)(B) · 96 Stat. 1287

   Inserted · 38 U.S.C. § 3491(b)(2)

   Pub. L. 97–295, § 4(43)(B), inserted “of this title” after “section 1682(a)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 97–295, § 4(43)(B), inserted “of this title” after “section 1682(a)”.

   Enacted provision · exact public law section
   (B) in subsection (b)(2), by inserting “of this title” after “section 1682(a)”.

9. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title II § 203(b) · 96 Stat. 1429

   Substituted · 38 U.S.C. § 3491(c)

   Pub. L. 97–306 substituted “section 1673(d)(1)” for “section 1673(d)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–306 substituted “section 1673(d)(1)” for “section 1673(d)”.

   Enacted provision · exact public law section
   (b) Section 1691(c) is amended by striking out “section 1673(d)” and inserting in lieu thereof “section 1673(d)(1)”.

10. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3491(a); 38 U.S.C. § 3491(b)

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

11. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3491

    Pub. L. 102–83, § 5(a), renumbered section 1691 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1691 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

12. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3491(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671” in concluding provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

13. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 3491(b)

       Pub. L. 102–83, § 5(c)(1), substituted “3481 and 3482(a)” for “1681 and 1682(a)” in par. (2)

    2. Substituted · 38 U.S.C. § 3491(b)

       Pub. L. 102–83, § 5(c)(1), substituted “3482(a)” for “1682(a)” in par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

14. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3491(c)

    Pub. L. 102–83, § 5(c)(1), substituted “3473(d)(1)” for “1673(d)(1)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3473(d)(1)” for “1673(d)(1)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

18 of 18 references resolved to an enrolled provision