38 U.S.C. § 3491 — Elementary and secondary education and

Page 772 TITLE 38—VETERANS’ BENEFITS [§§ 3486, 3487 1 See References in Text note below. section (a) [amending this section] shall apply with re- spect to agreements entered into under section 3485 of title 38, United States Code, on or after January 1, 1999.’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 405(a)–(d)(2), (4)(A) of Pub. L. 101–237 effective May 1, 1990, and applicable to services performed on or after that date, see section 405(e) of Pub. L. 101–237, set out as a note under section 16136 of Title 10, Armed Forces. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(h) 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. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS Pub. L. 116–140, § 3, Apr. 28, 2020, 134 Stat. 631, as amended by Pub. L. 117–76, § 5(f), Dec. 21, 2021, 135 Stat. 1520, which temporarily allowed for payment of work- study allowances during emergency situations, was re- pealed by Pub. L. 117–333, § 5(b), Jan. 5, 2023, 136 Stat. 6129. See subsec. (f) of this section. [§§ 3486, 3487. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, sections 1686 and 1687 of this chapter were repealed. Section 1686, added Pub. L. 93–508, title III, § 302(a), Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97–35, title XX, § 2005(b), Aug. 13, 1981, 95 Stat. 783, which related to educational loans to any eligible veteran to whom former section 1662(a)(2) of this title applied, was re- pealed by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174. Section 1687, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1686; renumbered § 1687, Pub. L. 90–77, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186, which related to dis- continuance of educational assistance allowance by Ad- ministrator, was repealed by Pub. L. 92–540, title IV, § 401(6), Oct. 24, 1972, 86 Stat. 1090. SUBCHAPTER V—SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVAN- TAGED § 3490. Purpose It is the purpose of this subchapter (1) to en- courage 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 de- velop programs which provide special tutorial, remedial, preparatory, or other educational or supplementary assistance to such veterans. (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1690; renumbered § 3490, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1690 of this title as this section. § 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 di- ploma (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 re- fresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate edu- cational 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 vet- eran described in subsection (a)(1) of this section who is pursuing a course or courses or program under this subchapter for the purpose of attain- ing a secondary school diploma (or an equiva- lency certificate) an educational assistance al- lowance (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 insti- tutional 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 en- rollment of an eligible veteran who, while serv- ing on active duty, enrolls in one or more courses under this subchapter for the purpose of Page 773 TITLE 38—VETERANS’ BENEFITS § 3492 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; renum- bered § 3491 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) 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 vet- eran’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 en- rollment in adult evening secondary school courses. Statutory Notes and Related Subsidiaries 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 sec- tion 802(c) of Pub. L. 96–466, set out as a note under sec- tion 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 Effec- tive Date note under section 3693 of this title. § 3492. Tutorial assistance (a) In the case of any eligible veteran who— (1) is enrolled in and pursuing a postsec- ondary 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 tuto- rial assistance for such veteran if such assist- ance is necessary for the veteran to complete such program successfully. (b) The Secretary shall pay to an eligible vet- eran 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 tuto- rial 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 cer- tification 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 indispen- sable to the satisfactory pursuit of, an ap- proved program of education; (2) the tutor chosen to perform such assist- ance is qualified and is not the eligible vet- eran’s parent, spouse, child (whether or not married or over eighteen years of age), broth- er, or sister; and (3) the charges for such assistance do not ex- ceed the customary charges for such tutorial assistance. (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1692; amended Pub. L. 92–540, title III, § 306, Oct. 24, 1972, 86 Stat. 1081; Pub. L. 93–508, title II, § 206, Dec. 3, 1974, 88 Stat. 1583; Pub. L. 94–502, title II, § 209, Oct. 15, 1976, 90 Stat. 2388; Pub. L. 95–202, title I, § 102(5), Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96–466, title II, §§ 201(5), 211(5), title III, § 312, Oct. 17, 1980, 94 Stat. 2188, 2190, 2195; Pub. L. 98–543, title II, § 202(4), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 100–689, title I, § 107(c)(1), (2)(A), Nov. 18, 1988, 102 Stat. 4169; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3492 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1692 of this title as this section. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3482’’ for ‘‘1682’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1988—Pub. L. 100–689, § 107(c)(2)(A), substituted ‘‘Tuto- rial assistance’’ for ‘‘Special supplementary assist- ance’’ in section catchline. Subsec. (b). Pub. L. 100–689, § 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, § 211(5), substituted ‘‘$76’’ and ‘‘$911’’ for ‘‘$72’’ and ‘‘$869’’, respectively. Pub. L. 96–466, § 201(5), substituted ‘‘$72’’ and ‘‘$869’’ for ‘‘$69’’ and ‘‘$828’’, respectively.