or recreational themes) unless the veteran submits justification showing that the course will be of bona fide use in the pursuit of the veteran's present or contemplated business or occupation;

or

(4) any independent study program except one leading to a standard college degree. (Added P.L. 89-358, § 2; amended P.L. 91-219, § 202; P.L. 93-508, § 203 (1). (2); P.L. 94-502, §§ 205 (1)(3), 211 (7).)

(b) Except as provided in section 1677 of this title, the Administrator shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking. (Added P.L. 89-358, § 2; amended P.L. 90-77, § 302 (a).)

(c) The Administrator shall not approve the enrollment of an eligible veteran in any course to be pursued by open circuit television (except as herein provided) or radio. The Administrator may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit television, if the major portion of the course requires conventional classroom or laboratory attendance. (Added P.L. 89–358, § 2; amended P.L. 90-77, § 303 (a).)

(d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any course (other than one offered pursuant to subchapter V, any farm cooperative training course, or any course described in section 1789 (b)(6) of this title) for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution, by the Veterans' Administration under this title and/or by grants from any Federal agency. The Administrator may waive the requirements of this subsection, in whole or in part, if the Administrator determines, pursuant to regulations which the Administrator shall prescribe, it to be in the interest of the eligible veteran and the Federal Government. The provisions of this subsection shall not apply to any course offered by an educational institution if the total number of veterans and persons receiving assistance under this chapter or chapter 31, 32, 35, or 36 of this title who are enrolled in such institution equals 35 per centum or less, or such other per centum as the Administrator prescribes in regulations, of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution), except that the Administrator may apply the provisions of this subsection with respect to any course in which the Administrator has reason to believe that the enrollment of such veterans and persons may be in excess of 85 per centum of the total student enrollment in such course. (Added P.L. 89-358, § 2; amended P.L. 92-540, § 401 (2); P.L. 93-508, § 203 (3); P.L. 94-502, § 205 (4); P.L. 95-202, § 305 (a) (2).)

§ 1674. Discontinuance for unsatisfactory conduct or progress The Administrator shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Administrator finds that according to the regularly prescribed standards and practices of the educational institution, the veteran's conduct or progress is unsatisfactory. Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time the eligible veteran is not progressing at a rate that will permit such veteran to graduate within the approved length of the course based on the training time as certified to the Veterans' Administration or within such other length of time (exceeding such approved length) as the Administrator determines to be reasonable in accordance with regulations. The Administrator may renew the payment of the educational assistance allowance only if the Administrator finds that—

(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and

(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to his aptitudes, interests, and abilities. (Added P.L. 89-358, § 2; amended P.L. 94-502, §§ 206, 211 (8); P.L. 95-202, § 305 (b) (1).)

§ 1676. Education outside the United States

An eligible veteran may not pursue a program of education at an educational institution which is not located in a State, unless such program is pursued at an approved educational institution of higher learning. The Administrator in the Administrator's discretion may deny or discontinue the educational assistance under this chapter of any veteran in a foreign educational institution if the Administrator finds that such enrollment is not for the best interest of the veteran or the Government. (Added P.L. 89-358, § 2; amended P.L. 94–502, § 211 (9).)

81677. Flight training

(a) The Administrator may approve the pursuit by an eligible veteran of flight training where such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation or where generally recognized as ancillary to the pursuit of a vocational endeavor other than aviation, subject to the following conditions:

(1) the eligible veteran must possess a valid private pilot's license and meet the medical requirements necessary for a commercial pilot's license; and

(2) the flight school courses must meet the Federal Aviation Administration standards and be approved both by that Agency and the appropriate State approving agency. (Added P.L. 90-77, § 302(b); amended P.L. 91-219, § 203.)

(b) Each eligible veteran who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of subsection (a) hereof, shall be paid an educational assistance allowance to be computed at the rate of 90 per centum of the established charges for tuition and fees which similarly circumstanced

non-veterans enrolled in the same flight course are required to pay. Such allowance shall be paid monthly upon receipt of a certification as required by section 1681 (c) of this title. In each such case the eligible veteran's period of entitlement shall be charged with one month for each $288 which is paid to the veteran as an educational assistance allowance for such course. (Added P.L. 90-77, § 302 (b); amended P.L. 90-631, § 5; P.L. 91-219, § 102; P.L. 92-540, §§ 102 (1), 401 (3); P.L. 93-508, § 102(1); P.L. 93–602, § 203 (a); P.L. 95–202, § 102 (1).)

Subchapter IV-Payments to Eligible Veterans;

Veteran-Student Services

§ 1681. Educational assistance allowance

General

(a) The Administrator shall, in accordance with the applicable provisions of this section and chapter 36 of this title, pay to each eligible veteran who is pursuing a program of education under this chapter an educational assistance allowance to meet, in part, the expenses of the veteran's subsistence, tuition, fees, supplies, books, equipment, and other educational costs. (Added P.L. 89-358, § 2; amended P.L. 92-540, § 202; P.L. 94-502, §§ 210(2), 211(10).)

Institutional Training

(b) The educational assistance allowance of an eligible veteran pursuing a program of education, other than a program exclusively by correspondence or a program of flight training, at an educational institution shall be paid as provided in chapter 36 of this title. (Added P.L. 89-358, § 2; amended P.L. 91-584, § 6; P.L. 92-540, § 202; P.L. 94-502, § 210(2).)

Flight Training

(c) No educational assistance allowance for any month shall be paid to an eligible veteran who is pursuing a program of education consisting exclusively of flight training until the Administrator shall have received a certification from the eligible veteran and the institution as to actual flight training received by, and the cost thereof to, the veteran during that month. (Added P.L. 89–358, § 2; amended P.L. 92-540, § 202.)

§ 1682. Computation of educational assistance allowances

(a) (1) Except as provided in subsection (b), or (c) of this section, or section 1677 or 1787 of this title, while pursuing a program of education 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" program, 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 industrial establishment being strictly supplemental to the institutional portion. (Added P.L. 89-358, §2; amended P.L. 90-77, § 301 (a), (b); P.L. 90-631, § 3(b)(1); P.L. 91-219, § 103 (a); P.L. 92-540, §§ 102(2), 401 (4); P.L. 93-508, § 102 (2); P.L. 94-502, § 201(1); P.L. 95-202, § 102(2).)

(b) The educational assistance allowance of an individual pursuing 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 tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $311 per month for a full-time course, whichever is the lesser. (Added P.L. 89–358, §2; amended P.L. 90-77, § 301 (c); P.L. 91-219, §§ 103(b), 204(a) (3); P.L. 92-540, §§ 102(3), 401 (5); P.L. 93-508, § 102 (3); P.L. 93602, § 203(b); P.L. 94-502, § 201(2); P.L. 95-202, § 102 (3).)

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

(A) a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any 3-month period),

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

(C) a half-time basis (a minimum of 5 clock hours per week) shall be eligible to receive an educational assistance allowance at the appropriate rate provided in the table in paragraph (2) of this subsection, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator.

In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the veteran is enrolled.

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

(Added P.L. 90-77, § 303 (b); amended P.L. 90-631, § 3(b) (2); P.L. 91-219, § 103 (d); P.L. 92–540, §§ 102(4), 303; P.L. 93–508, § 102(4); P.L. 94-502, § 201 (3); P.L. 95-202, § 102 (4).)

(d) (1) Notwithstanding the prohibition in section 1671 of this title prohibiting enrollment of an eligible veteran in a program of education in which such veteran has "already qualified," a veteran shall be allowed up to six months of educational assistance (or the equivalent thereof in part-time assistance) for the pursuit of refresher training to permit such veteran to update such veteran's knowledge and skills and to be instructed in the technological advances which have occurred in such veteran's field of employment during and since the period of such veteran's active military service.

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

(3) The educational assistance allowance paid under the authority of this subsection shall be charged against the period of entitlement the veteran has earned pursuant to section 1661 (a) of this title. (Added P.L. 93-508, § 204.)

(e) The educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree shall be computed at the rate provided in subsection (b) (2) of this section. In those cases where independent study is combined with resident training and the resident training constitutes the major portion of such training, the maximum allowance may not exceed the full-time institutional allowance provided under subsection (a) (1) of this section. (Added P.L. 94-502, § 207.)