Pub. L. 91-219, tit. II, sec. 204

Sec. 204. (a) Chapter 34 of title 38, United States Code, is amended by— (1) striking out “section 1678 of this title” in section 1661(c) and inserting “subchapters V and VI of this chapter”; (2) striking out section 1678; (3) inserting immediately after the period at the end of section 1682(b) the following: “Notwithstanding provisions of section 1681 of this title, payment of the educational assistance allowance provided by this subsection may, and the educational assistance allowance provided by section 1696(b) shall, be made to an eligible veteran in an amount computed for the entire quarter, semester, or term during the month immediately following the month in which certification is received from the educational institution that the veteran has enrolled in and is pursuing a program at such institution.”; and (4) adding at the end of chapter 34 the following new subchapters: “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 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 84 Stat. 80a 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; except that no enrollment in adult evening secondary school courses shall be approved in excess of 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 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 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 84 Stat. 81courses 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. “§ 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.” (b) The table of sections at the beginning of chapter 34 of title 38, United States Code, is amended by striking out “1678. Special training for the educationally disadvantaged.”; and by adding at the end thereof the following: “subchapter v— special assistance for the educationally disadvantaged “1690. Purpose. “1691. Elementary and secondary education and preparatory educational assistance. “1692. Special supplementary assistance. “1693. Effect on educational entitlement. “subchapter vi— predischarge education program “1695. Purpose: definition. “1696. Payment of educational assistance allowance. “1697. Educational and vocational guidance.”