republic-os/legal/us/code/title-38/chapter-34/section-3491.md

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LegalText	38 U.S.C. § 3491	Elementary and secondary education and preparatory educational assistance	us	united_states_code	code_section	38	VETERANS’ BENEFITS	34	VETERANS’ EDUCATIONAL ASSISTANCE	3491	38 U.S.C. § 3491	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s3491	data/legal/raw/us/code/title-38/usc38.xml	6f0c5e348b324e5660cbba5ea87f849166df479429f353252cd74f3cbce58ff0	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	4a607328db8df27552326ba9e40a3c379985b8bb0366c43c2b943bede3608b7e	2026-07-04	official	legal us-code

38 U.S.C. § 3491 - Elementary and secondary education and preparatory educational assistance

Text

(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) 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).

(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.)

Notes

Editorial Notes

References in TextSection 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.

Amendments1991—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.