§ 3471. Applications; approval

Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who de sires to initiate a program of education under this chapter shall submit an application to the Secretary which shall be in such form, and contain such information, as the Secretary shall prescribe. The Secretary shall approve such application unless the Secretary finds that (1) such veteran or person is not eligible for or entitled to the educational assistance for which application is made, (2) the veteran's or person's selected educational institution or training estab lishment fails to meet any requirement of this chapter or chapter 36 of this title, (3) the veteran's or person's enrollment in, or pur suit of, the program of education selected would violate any provi sion of this chapter or chapter 36 of this title, or (4) the veteran or person is already qualified, by reason of previous education a training, for the educational, professional, or vocational objective for which the program of education is offered. The Secretary shall notify the veteran or person of the approval or disapproval of the veteran's or person's application.

(Added P.L. 89-358, §2, Mar. 3, 1966, 80 Stat. 15, § 1671; amended P.L. 92-540, §302, Oct. 24, 1972, 86 Stat. 1080; P.L. 94-50% §211(6), Oct. 15, 1976, 90 Stat. 2388; P.L. 96-466, § 302, Oct. 17, 1980, 94 Stat. 2192; P.L. 101-237, § 423(b)(1)(A), Dec. 18, 1989, 10 Stat. 2092; renumbered § 3471, P.L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

[§ 3473. Repealed. P.L. 102-568, § 313(a)(3)(A).]

§ 3474. Discontinuance

progress

for

unsatisfactory

conduct

The Secretary shall discontinue the educational assistance allo ance of an eligible veteran if, at any time, the Secretary finds the according to the regularly prescribed standards and practices of educational institution, the veteran's attendance, conduct, progress is unsatisfactory. The Secretary may renew the paymen of the educational assistance allowance only if the Secretary find that

(1) the veteran will be resuming enrollment at the same ed cational institution in the same program of education and educational institution has both approved such veteran's enrollment and certified it to the Department of Veterans fairs; or

(2) in the case of a proposed change of either educational stitution or program of education by the veteran

(A) the cause of the unsatisfactory attendance, conduc or progress has been removed;

(B) the program proposed to be pursued is suitable the veteran's aptitudes, interests, and abilities; and (C) if a proposed change of program is involved, change meets the requirements for approval under secti 1791 of this title.

ided P.L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1674; amended .94-502, §§ 206, 211(8), Oct. 15, 1976, 90 Stat. 2387, 2388; P.L. -202, §305(b)(1), Nov. 23, 1977, 91 Stat. 1443; P.L. 96-466, 06, Oct. 17, 1980, 94 Stat. 2193; P.L. 101-237, §§ 411(a), 412(b), 3(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered 474 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 t. 406.)

475. Repealed. P.L. 92–540, § 401(6).]

176. Education outside the United States

an eligible veteran may not enroll in any course offered by an cational institution not located in a State unless that eduional institution is an approved institution of higher learning I the course is approved by the Secretary. The Secretary may y or discontinue educational assistance under this chapter in case of any veteran enrolled in an institution of higher learning located in a State if the Secretary determines that such enrollat is not in the best interest of the veteran or the Federal Govment.

ded P.L. 89-358, §2, Mar. 3, 1966, 80 Stat. 17, § 1676; amended .94–502, §211(9), Oct. 15, 1976, 90 Stat. 2389; P.L. 96-466, 7(b), Oct. 17, 1980, 94 Stat. 2193; P.L. 101-237, § 423(b)(1)(A), . 18, 1989, 103 Stat. 2092; renumbered $3476, P.L. 102-83, a), Aug. 6, 1991, 105 Stat. 406; P.L. 103-446, § 604(a), Nov. 2, 4, 108 Stat. 4671.)

177. Repealed. P.L. 97-35, § 2003(b).]

178. Repealed. P.L. 91–219, § 204(a).]

UBCHAPTER IV-PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES

81. Educational assistance allowance

General

The Secretary shall, in accordance with the applicable provi3 of this section and chapter 36 of this title, pay to each eligible ran who is pursuing a program of education under this chapter ducational assistance allowance to meet, in part, the expenses le veteran's subsistence, tuition, fees, supplies, books, equipt, and other educational costs.

Institutional Training

The educational assistance allowance of an eligible veteran uing a program of education, other than a program exclusively orrespondence, at an educational institution shall be paid as ded in chapter 36 of this title.

ed P.L. 89-358, §2, Mar. 3, 1966, 80 Stat. 17, § 1681; amended 91-219, §205, Mar. 26, 1970, 84 Stat. 81; P.L. 91-584, §6, 24, 1970, 84 Stat. 1576; P.L. 92-540, § 202, Oct. 24, 1972, 86

Stat. 1079; P.L. 94-502, §§ 210(2), 211(10), Oct. 15, 1976, 90 Stat. 2388, 2389; P.L. 97-35, §2003(b)(4), Aug. 13, 1981, 95 Stat. 782; P.L. 101-237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3481, P.L. 102-83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) § 3482. Computation of educational assistance allowances (a)(1) Except as provided in subsection (b), (c), or (g) of this sec tion, or section 3687 of this title, while pursuing a program of edu cation under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran's dependency status) opposite the applicable type of program as shown in column I:

(2) A "cooperative" program, other than a "farm cooperative" pr gram, means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or in dustrial establishment being strictly supplemental to the institu tional portion.

(b) The educational assistance allowance of an individual pursu ing a program of education

(1) while on active duty, or

(2) on less than a half-time basis,

shall be computed at the rate of (A) the established charges for tu tion and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, f (B) $376 per month for a full-time course, whichever is the lesse An individual's entitlement shall be charged for institutions courses on the basis of the applicable monthly training time rat as determined under section 3688 of this title.

(c)(1) An eligible veteran who is enrolled in an educational inst tution for a "farm cooperative" program consisting of institution agricultural courses prescheduled to fall within 44 weeks of any pe riod of 12 consecutive months and who pursues such program on

(A) a full-time basis (a minimum of ten clock hours per wee or four hundred and forty clock hours in such yea prescheduled to provide not less than eighty clock hours in s three-month period),

(B) a three-quarter-time basis (a minimum of 7 clock hour per week), or

(C) a half-time basis (a minimum of 5 clock hours per week

ll be eligible to receive an educational assistance allowance at appropriate rate provided in the table in paragraph (2) of this section, if such eligible veteran is concurrently engaged in agritural employment which is relevant to such institutional agriculal courses as determined under standards prescribed by the Secary. In computing the foregoing clock hour requirements there ill be included the time involved in field trips and individual and up instruction sponsored and conducted by the educational instiion through a duly authorized instructor of such institution in ich the veteran is enrolled.

2) The monthly educational assistance allowance of an eligible eran pursuing a farm cooperative program under this chapter all be paid as set forth in column II, III, IV, or V (whichever is plicable as determined by the veteran's dependency status) oppoe the basis shown in column I:

(d)(1) Notwithstanding the prohibition in section 3471 of this le prohibiting enrollment of an eligible veteran in a program of ucation in which such veteran has "already qualified," a veteran all be allowed up to six months of educational assistance (or the uivalent thereof in part-time assistance) for the pursuit of resher training to permit such veteran to update such veteran's owledge and skills and to be instructed in the technological adnces which have occurred in such veteran's field of employment ring and since the period of such veteran's active military serv

(2) A veteran pursuing refresher training under this subsection all be paid an educational assistance allowance based upon the te prescribed in the table in subsection (a)(1) or in subsection (2) of this section, whichever is applicable.

(3) The educational assistance allowance paid under the authory of this subsection shall be charged against the period of entitleent the veteran has earned pursuant to section 3461(a) of this :le.

(e) The educational assistance allowance of an eligible veteran irsuing an independent study program which leads to a standard llege degree shall be computed at the rate provided in subsection ) of this section. If the entire training is to be pursued by indeendent study, the amount of such veteran's entitlement to edutional assistance under this chapter shall be charged in accordice with the rate at which the veteran is pursuing the independit study program but at not more than the rate at which such entlement is charged for pursuit of such program on less than a alf-time basis. In any case in which independent study is comned with resident training, the educational assistance allowance hall be paid at the applicable institutional rate based on the total

training time determined by adding the number of semester hours (or the equivalent thereof) of resident training to the number of semester hours (or the equivalent thereof) of independent study that do not exceed the number of semester hours (or the equivalent thereof) required for the less than half-time institutional rate, as determined by the Secretary, for resident training. A veteran's enti tlement shall be charged for a combination of independent study and resident training on the basis of the applicable monthly training time rate as determined under section 3688 of this title.

(f) The educational assistance allowance of an eligible veteran pursuing a course by open circuit television shall be computed in the same manner that such allowance is computed under subsection (e) of this section for an independent study program.

(g)(1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance allowance paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, or local penal institution for conviction of a felony may not exceed such amount as the Secretary determines, in accordance with regulations which the Secretary shall prescribe, is necessary to cover the cost of es tablished charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same program and to cover the cost of necessary supplies, books, and equipment, or the applicable monthly educational assistance allowance prescribed for a veteran with no dependents in subsection (a)(1) or (c)(2) of this section or section 3687(b)(1) of this title, whichever is the lesser The amount of the educational assistance allowance payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Secretary) or under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this chapter while residing in a halfway house or participating in & work-release program in connection with such veteran's conviction of a felony.

(Added P.L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 18, § 1682; amended P.L. 90-77, §§ 301, 303(b), Aug. 31, 1967, 81 Stat. 184, 185; PL 90-631, §3, Oct. 23, 1968, 82 Stat. 1333; P.L. 91-219, § 103(a) di, § 204(a)(3), Mar. 26, 1970, 84 Stat. 76, 77, 79; P.L. 91–584, §9, Dec. 24, 1970, 84 Stat. 1577; P.L. 92-540, § 102(2)–(4), § 303, § 401(4) (5), Oct. 24, 1972, 86 Stat. 1075, 1081, 1090; P.L. 93-508, § 102(2(4), § 204, Dec. 3, 1974, 88 Stat. 1579, 1582; P.L. 93-602, § 203(b Jan. 2, 1975, 88 Stat. 1958; P.L. 94-502, §§ 201(1)-(3), 207, Oct. 15 1976, 90 Stat. 2384, 2385, 2387; P.L. 95–202, § 102(2)–(4), Nov. 23. 1977, 91 Stat. 1434; P.L. 96-466, §§ 201(2)–(4), 211(2)—(4), §§ 308— 310, §602(a), Oct. 17, 1980, 94 Stat. 2187-2190, 2194, 2208; PL 97-35, §2003(b)(5), Aug. 13, 1981, 95 Stat. 782; P.L. 97–306 §§ 204, 205(b), Oct. 14, 1982, 96 Stat. 1434; P.L. 98–160, § 702(11), Nov. 21, 1983, 97 Stat. 1009; P.L. 98-543, § 202(1)-(3), Oct. 24 1984, 98 Stat. 2741; P.L. 101-237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3482 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104-275, § 104(a), Oct. 9, 1996, 110 Stat. 3327.)