482A. Repealed. P.L. 100–689, § 124(a).]

183. Approval of courses

n eligible veteran shall receive the benefits of this chapter le enrolled in a course of education offered by an educational itution only if such course is approved in accordance with the visions of subchapter I of chapter 36 of this title.

ded P.L. 89-358, §2, Mar. 3, 1966, 80 Stat. 19, § 1685; renumed § 1686, P.L. 90-77, §304(a), Aug. 31, 1967, 81 Stat. 186; renbered § 1683, P.L. 92-540, 8401(7), Oct. 24, 1972, 86 Stat. >0; renumbered § 3483, P.L. 102-83, §5(a), Aug. 6, 1991, 105 .t. 406.)

184. Apprenticeship or other on-job training; correspond

ence courses

Any eligible veteran may pursue a program of apprenticeship or er on-job training or a program of education exclusively by corpondence and be paid an educational assistance allowance or ining assistance allowance, as applicable, under the provisions section 3687 or 3686 of this title.

ided P.L. 92-540, §304, Oct. 24, 1972, 86 Stat. 1081, § 1684; rembered $3484 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 91, 105 Stat. 406.)

485. Work-study allowance

a)(1) Individuals utilized under the authority of subsection (b) of s section shall be paid an additional educational assistance alvance (hereafter referred to as "work-study allowance"). Such rk-study allowance shall be paid in an amount equal to the apcable hourly minimum wage times the number of hours worked ring the applicable period, in return for such individual's agreeent to perform services, during or between periods of enrollment, gregating not more than a number of hours equal to 25 times the mber of weeks in the semester or other applicable enrollment ped, required in connection with (A) the outreach services program der subchapter II of chapter 77 of this title as carried out under e supervision of a Department of Veterans Affairs employee, (B) e preparation and processing of necessary papers and other docuents at educational institutions or regional offices or facilities of e Department of Veterans Affairs, (C) the provision of hospital d domiciliary care and medical treatment under chapter 17 of is title, (D) any other activity of the Department of Veterans Afirs as the Secretary shall determine appropriate, or (E) in the se of an individual who is receiving educational assistance under apter 106 of title 10, activities relating to the administration of ich chapter at Department of Defense, Coast Guard, or National uard facilities. An individual shall be paid in advance an amount qual to 40 percent of the total amount of the work-study allowance greed to be paid under the agreement in return for the individal's agreement to perform the number of hours of work specified

in the agreement (but not more than an amount equal to 50 times the applicable hourly minimum wage).

(2) For the purposes of paragraph (1) of this subsection and subsection (e) of this section, the term "applicable hourly minimum wages" means (A) the hourly minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)), or (B) the hourly minimum wage under comparable law of the State in which the services are to be performed, if such wage is higher than the wage referred to in clause (A) and the Secretary has made a determination to pay such higher wage.

(b) Notwithstanding any other provision of law, the Secretary shall, subject to the provisions of subsection (e) of this section, uti lize, in connection with the activities specified in subsection (a)(1) of this section, the services of individuals who are pursuing programs of rehabilitation, education, or training under chapter 30. 31, 32 or 34 of this title or chapter 106 of title 10, at a rate equal to at least three-quarters of that required of a full-time student. In carrying out this section, the Secretary, wherever feasible, shal give priority to veterans with disabilities rated at 30 percent or more for purposes of chapter 11 of this title. In the event an individual ceases to be at least a three-quarter-time student before completing such agreement, the individual may, with the approval of the Secretary, be permitted to complete such agreement.

(c) The Secretary shall determine the number of individuals whose services the Department of Veterans Affairs can effectively utilize and the types of services that such individuals may be re quired to perform, on the basis of a survey, which the Secretary shall conduct annually, of each Department of Veterans Affairs regional office in order to determine the numbers of individuals whose services can effectively be utilized during an enrollment pe riod in each geographical area where Department of Veterans Af fairs activities are conducted, and shall determine which individ uals shall be offered agreements under this section in accordance with regulations which the Secretary shall prescribe, including & criteria (1) the need of the individual to augment the veteran's edu cational assistance or subsistence allowance; (2) the availability the individual of transportation to the place where the individuals services are to be performed; (3) the motivation of the individual and (4) in the case of a disabled veteran pursuing a course of voca tional rehabilitation under chapter 31 of this title, the compatibility of the work assignment to the veteran's physical condition.

(d) While performing the services authorized by this section, indie viduals shall be deemed employees of the United States for purposes of the benefits of chapter 81 of title 5 but not for the pur poses of laws administered by the Office of Personnel Management (e)(1) Subject to paragraph (2) of this subsection, the Secretary may, notwithstanding any other provision of law, enter into an agreement with an individual under this section, or a modification of such an agreement, whereby the individual agrees to perfor services of the kind described in clauses (A) through (E) of sub section (a)(1) of this section and agrees that the Secretary shall, in lieu of paying the work-study allowance payable for such services as provided in subsection (a) of this section, deduct the amount the allowance from the amount which the individual has been de

nined to be indebted to the United States by virtue of such indiual's participation in a benefits program under this chapter, pter 30, 31, 32, 35, or 36 (other than an education loan under chapter III) of this title, or chapter 106 of title 10 (other than indebtedness arising from a refund penalty imposed under sec2135 of such title).

2)(A) Subject to subparagraph (B) of this paragraph, the provias of this section (other than those provisions which are deterned by the Secretary to be inapplicable to an agreement under 3 subsection) shall apply to any agreement authorized under agraph (1) of this subsection.

B) For the purposes of this subsection, the Secretary may

(i) waive, in whole or in part, the limitations in subsection (a) of this section concerning the number of hours and periods during which services can be performed by the individual and the provisions of subsection (b) of this section requiring the individual's pursuit of a program of rehabilitation, education, or training;

(ii) in accordance with such terms and conditions as may be specified in the agreement under this subsection, waive or defer charging interest and administrative costs pursuant to section 5315 of this title on the indebtedness to be satisfied by performance of the agreement; and

(iii) notwithstanding the indebtedness offset provisions of section 5314 of this title, waive or defer until the termination of an agreement under this subsection the deduction of all or any portion of the amount of indebtedness covered by the agreement from future payments to the individual as described in section 5314 of this title.

(3)(A) Subject to the provisions of subparagraphs (B) and (C) of is paragraph, an agreement authorized under this subsection all terminate in accordance with the provisions of this section d the terms and conditions of the agreement which are consistt with this subsection.

(B) In no event shall an agreement under this subsection conue in force after the total amount of the individual's indebtedss described in paragraph (1) of this subsection has been reuped, waived, or otherwise liquidated.

(C) Notwithstanding the provisions of subparagraphs (A) and (B) this paragraph, if the Secretary finds that an individual was thout fault and was allowed to perform services described in the reement after its termination, the Secretary shall, as reasonable mpensation therefor, pay the individual at the applicable hourly inimum wage rate for such services as the Secretary determines ere satisfactorily performed.

(4) The Secretary shall promulgate regulations to carry out this bsection.

dded P.L. 92-540, §203, Oct. 24, 1972, 86 Stat. 1079, § 1685; nended P.L. 93-508, §205, Dec. 3, 1974, 88 Stat. 1582; P.L. 94)2, §§ 208, 211(11), Oct. 15, 1976, 90 Stat. 2388, 2389; P.L. 95No2, § 105, Nov. 23, 1977, 91 Stat. 1435; P.L. 96-466, § 801(b), Oct. 7, 1980, 94 Stat. 2216; P.L. 97-295, § 4(42), Oct. 12, 1982, 96 Stat. 308; P.L. 99–576, § 308(c), Oct. 28, 1986, 100 Stat. 3270; P.L. 10137, §§ 405(a)–(d)(2), (4)(Á), 423(b)(1), Dec. 18, 1989, 103 Stat.

2080, 2081, 2092; P.L. 102-16, §§ 6(a)–(b)(2), 10(a)(5), Mar. 22, 1991, 105 Stat. 50, 51, 55; P.L. 102-40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §3485 and amended P.L. 102-83, §§ 2(c)(2), 5(a), Aug. 6, 1991, 105 Stat. 402, 406; P.L. 102-568, §311, Oct. 29, 1992, 106 Stat. 4330.)

[§ 3486. Repealed. P.L. 100-689, § 124(a).]

[§ 3487. Repealed. P.L. 92-540, § 401(6).]

SUBCHAPTER V-SPECIAL ASSISTANCE FOR THE
EDUCATIONALLY DISADVANTAGED

§ 3490. 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 post secondary education through tutorial assistance where required, and (3) to encourage educational institutions to develop programs which provide special tutorial, remedial, preparatory, or other edu cational or supplementary assistance to such veterans.

(Added P.L. 91-219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, §1690; renumbered §3490, P.L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3491. Elementary and secondary education and pre paratory 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 pre gram of education for which the veteran would otherwise be e igible, needs refresher courses, deficiency courses, or other pre paratory or special educational assistance to qualify for admis sion 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 appro priate course or courses or other special educational assistance pro gram.

(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 subsection (a)(1) of this section who is pursuing a course or courses or program under this subchapter for the purpose of attaining! secondary school diploma (or an equivalency certificate) an edu cational 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)

t the institutional full-time rate provided in section 3482(a) of this tle, whichever is the lesser.

(c) The provisions of section 3473(d)(1) of this title, relating to e disapproval of enrollment in certain courses, shall be applicable the enrollment of an eligible veteran who, while serving on acve duty, enrolls in one or more courses under this subchapter for e purpose of attaining a secondary school diploma (or an equivancy certificate).

Added P.L. 91-219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691; nended P.L. 92-540, §305, Oct. 24, 1972, 86 Stat. 1081; P.L. 9402, § 211(12), Oct. 15, 1976, 90 Stat. 2389; P.L. 96-466, §311, Oct. 7, 1980, 94 Stat. 2194; P.L. 97–295, § 4(43), Oct. 12, 1982, 96 Stat. 808; P.L. 97-306, § 203(b), Oct. 14, 1982, 96 Stat. 1434; P.L. 10137, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered 3491 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 at. 406.)

3492. Tutorial 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 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,

e Secretary may approve individualized tutorial assistance for ch veteran if such assistance is necessary for the veteran to comete such program successfully.

(b) The Secretary shall pay to an eligible veteran receiving tutol assistance pursuant to subsection (a) of this section, in addition the educational assistance allowance provided in section 3482 of is title, the cost of such tutorial assistance in an amount not to ceed $100 per month, for a maximum of twelve months, or until maximum of $1,200 is utilized, upon certification by the edutional 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 indispensable to the satisfactory pursuit of, an approved program of education;

(2) the tutor chosen to perform such assistance is qualified and is not the eligible veteran's parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and

(3) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

ided P.L. 91-219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1692; ended P.L. 92-540, $306, Oct. 24, 1972, 86 Stat. 1081; P.L. 938, § 206, Dec. 3, 1974, 88 Stat. 1583; P.L. 94-502, § 209, Oct. 15, 76, 90 Stat. 2388; P.L. 95-202, § 102(5), Nov. 23, 1977, 91 Stat. 34; P.L. 96-466, §§ 201(5), 211(5), §312, Oct. 17, 1980, 94 Stat. 88, 2190, 2195; P.L. 98-543, §202(4), Oct. 24, 1984, 98 Stat. 42; P.L. 100-689, § 107(c)(1), (2)(A), Nov. 18, 1988, 102 Stat.