[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Rules and Regulations]
[Pages 55759-55762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28402]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI69
Miscellaneous Educational Revisions
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the educational assistance and
educational benefit regulations of the Department of Veterans Affairs
(VA). It removes a number of provisions that no longer apply or
otherwise have no substantive effect, and makes other changes for the
purpose of clarification.
DATES: This final rule is effective October 28, 1997.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: This document affects 38 CFR part 21,
subparts C, D, G, H, K, and L. It removes provisions that are obsolete,
duplicative, or otherwise without substantive effect, and makes changes
for the purpose of clarification. This document makes no substantive
changes. Accordingly, there is a basis for dispensing with prior notice
and comment and delayed effective date provisions of 5 U.S.C. 552 and
553.
The Department of Defense (DOD) and VA are jointly issuing this
final rule insofar as it relates to the Post-Vietnam Era Educational
Assistance Program (VEAP) and the Educational Assistance Test Program
(EATP). These programs are funded by DOD and administered by VA. DOD,
the Department of Transportation (Coast Guard), and VA are jointly
issuing this final rule insofar as it relates to the Montgomery GI
Bill-- Selected Reserve program. This program is funded by DOD and the
Coast Guard, and is administered by VA. The remainder of this final
rule is issued solely by VA.
The Secretary of Defense, the Commandant of the Coast Guard, and
Acting Secretary of Veterans Affairs hereby certify that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. This final rule makes no substantive
changes. Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is
exempt from the initial and final regulatory flexibility analyses
requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance numbers for programs
affected by this final rule are 64.117, 64.120, and 64.124. This
document also affects the Montgomery GI Bill--Selected Reserve program
which has no Catalog of Federal Domestic Assistance number.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Education,
Employment, Grant programs-education, Grant programs-veterans, Health
care, Loan programs-education, Loan programs-veterans, Manpower
training programs, Reporting and recordkeeping requirements, Schools,
Travel and transportation expenses, Veterans, Vocational education,
Vocational rehabilitation.
[[Page 55760]]
Approved: July 22, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
Approved: October 2, 1997.
Allan L. Brendsel,
Colonel USA, Principal Deputy, Deputy Assistant Secretary (Military
Personnel Policy).
Approved: October 9, 1997.
G.E. Woolever,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human
Resources.
For the reasons set forth in the preamble, 38 CFR part 21, subparts
C, D, G, H, K, and L, is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance under
38 U.S.C. Chapter 35
1. The authority citation for part 21, subpart C, continues to read
as follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise
noted.
Sec. 21.3041 [Amended]
2. In Sec. 21.3041, paragraph (e)(3) is amended by removing
``Sec. 21.4135(o)'' and adding, in its place, ``Sec. 21.3135(h)''; and
paragraph (e)(4) is amended by removing ``Sec. 21.4135(o)'' and adding,
in its place, ``Sec. 21.3135(i)''.
3. In Sec. 21.3045, paragraph (i)(3)(ii) is amended by removing
``paragraph (h)(3)(i)'' and adding in its place, ``paragraph
(i)(3)(i)''; and paragraph (f) is revised to read as follows:
Sec. 21.3045 Entitlement charges.
* * * * *
(f) Entitlement charge for pursuit solely by independent study. For
enrollments in terms, quarters, or semesters that begin after June 30,
1993, VA will make charges against the entitlement of an eligible
person in the manner prescribed by paragraph (e) of this section, if he
or she is pursuing a program of education solely by independent study.
For all other enrollments where the eligible person is pursuing a
program of education solely by independent study, the computation will
be made as though the eligible person's training were one-quarter time.
(Authority: 38 U.S.C. 3482(b), 3532(a))
* * * * *
Subpart D--Administration of Educational Assistance Programs
4. The authority citation for part 21, subpart D, is revised to
read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
Sec. 21.4009 [Amended]
5. In Sec. 21.4009, paragraph (b)(1) introductory text, is amended
by removing ``in potentially'' and adding, in its place, ``is
potentially''.
6. In Sec. 21.4200, paragraph (g) is revised to read as follows:
Sec. 21.4200 Definitions.
* * * * *
(g) Standard class session. The term standard class session means
the time an educational institution schedules for class each week in a
regular quarter or semester for one quarter or one semester hour of
credit. It is not less than 1 hour (or one 50-minute period) of
academic instruction, 2 hours (or two 50-minute periods) of laboratory
instruction, or 3 hours (or three 50-minute periods) of workshop
training.
(Authority: 38 U.S.C. 3688(c))
* * * * *
Sec. 21.4201 [Amended]
7. In Sec. 21.4201, paragraph (h) introductory text is amended by
removing ``Vocational Rehabilitation and'' both times it appears; and
paragraph (h)(2) is amended by removing ``Vocational Rehabilitation
and''.
Sec. 21.4233 [Amended]
8. In Sec. 21.4233, paragraph (b)(3) introductory text is amended
by removing ``(b)(1)'' and adding, in its place, ``(b)(2)''; paragraph
(b)(3)(ii) is amended by removing ``(b)(2)(i)'' and adding, in its
place, ``(b)(3)(i)''; paragraph (b)(4) introductory text is amended by
removing ``(b)(1)'' and adding, in its place, ``(b)(2)''; and paragraph
(b)(4)(ii) is amended by removing ``(b)(3)(i)'' and adding, in its
place, ``(b)(4)(i)''.
Sec. 21.4250 [Amended]
9. In Sec. 21.4250, paragraph (a)(1) is amended by removing
``Chapter'' and adding, in its place, ``38 U.S.C. chapter'', and by
removing ``Chapters 34 and'' and adding, in its place, ``38 U.S.C.
chapter''; paragraph (a)(2) is amended by removing ``Chapter'' each
place it appears, and adding, in its place, ``38 U.S.C. chapter'';
paragraph (c)(1) is amended by removing ``Director'' and adding, in its
place, ``Director,'', by removing ``Education'' and adding, in its
place, ``Counseling'', and by removing ``Chapter'' and adding, in its
place, ``38 U.S.C. chapter''; paragraph (c)(2) is amended by removing
``Vocational Rehabilitation and''; paragraph (c)(2)(ii) is amended by
removing ``34, 35'' and adding, in its place ``35,''; paragraph
(c)(2)(iii) is amended by removing ``38 U.S.C. Chapter 32, 34 or 35''
and adding, in its place, ``10 U.S.C. chapter 1606 or 38 U.S.C. chapter
30, 32, or 35''; and paragraph (c)(2)(iv) is amended by removing
``Chapter'' and adding, in its place, ``chapter''.
10. In Sec. 21.4270, the heading for paragraph (c) and paragraph
(c), footnote 2 are revised to read as follows:
Sec. 21.4270 Measurement of courses.
* * * * *
(c) Undergraduate, graduate, professional, and on-the-job training
courses.* * *
\2\ When the institution certifies that all undergraduate
students enrolled for a minimum of 12 or 13 semester hours or the
equivalent are charged full-time tuition, or considered full time
for other administrative purposes, such minimum hours will establish
the criteria for full-time measurement. When 12 hours is properly
certified as full time, VA will measure 9 through 11 hours as \3/4\
time, 6 through 8 hours as \1/2\ time, 4 through 5 hours as less
than \1/2\ time and more than \1/4\ time, and 1 through 3 hours as
\1/4\ time or less. VA will measure all other undergraduate courses
as indicated in the table for undergraduate or professional courses,
as appropriate, but when 13 credit hours or the equivalent is
certified as full time, \3/4\ time will be 10 through 12 hours.
When, in accordance with Sec. 21.4273(a), a responsible official of
a school certifies that a lesser number of hours constitute full
time, \3/4\ time, \1/2\ time, less than \1/2\ time and more than \1/
4\ time, or \1/4\ time or less, VA will accept the certification for
measurement purposes.
To meet criteria for full-time measurement in standard
collegiate courses which include required noncredit deficiency
courses, in the absence of a certification under Sec. 21.4272(k), VA
will convert the noncredit deficiency courses on the basis of the
applicable measurement criteria, as follows: 18 or 22 clock hours, 4
``Carnegie Units,'' or 12, 13, or 14 (as appropriate) semester hours
equal full time. The credit-hour equivalent of such noncredit
courses may constitute any portion of the required hours for full-
time measurement.
* * * * *
Subpart G--Post Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
11. The authority citation for part 21, subpart G, is revised to
read as follows:
Authority: 38 U.S.C. 501(a), ch. 32, unless otherwise noted.
Sec. 21.5270 [Amended]
12. In Sec. 21.5270, paragraph (a) is amended by removing ``of this
part'' and by removing ``chapter'' and adding, in its place, ``38
U.S.C. chapter''; paragraph (g) is amended by removing ``progress and
conduct'' and adding, in its place,
[[Page 55761]]
``progress, conduct, and attendance''; and paragraph (i) is amended by
removing ``correspondence; residence'' and adding, in its place
``correspondence-residence''.
Subpart H--Educational Assistance Test Program
13. The authority citation for subpart H is revised to read as
follows:
Authority: 10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101,
5113, 5303A; 42 U.S.C. 2000; sec. 901, Pub. L. 96-342, 94 Stat.
1111-1114, unless otherwise noted.
Sec. 21.5901 [Amended]
14. In Sec. 21.5901, paragraph (a) is amended by removing ``Chief
Benefits Director of VA'' and adding, in its place, ``Under Secretary
for Benefits'', by removing ``Vocational Rehabilitation and'', and by
removing ``Chapter'' and adding, in its place, ``chapter'; and
paragraph (b) is amended by removing ``Chief Benefits Director'' and
adding, in its place, ``Under Secretary for Benefits''.
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
15. The authority citation for subpart K is revised to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise
noted.
16. In Sec. 21.7020, the introductory text is amended by removing
``of this part''; paragraph (a)(1)(i) is amended by removing ``of this
part''; paragraph (a)(2)(i) is amended by removing ``Sec. 21.7042 or
Sec. 21.7044 of this part'' and adding, in its place, ``Sec. 21.7042,
Sec. 21.7044, or Sec. 21.7045''; and paragraph (b)(25)(i)(G) is revised
to read as follows:
Sec. 21.7020 Definitions.
* * * * *
(b) * * *
(25) * * *
(i) * * *
(G) A flight training course beginning on or after September 30,
1990.
* * * * *
Sec. 21.7044 [Amended]
17. In Sec. 21.7044, paragraph (c) is removed; and paragraphs (d)
and (e) are redesignated as paragraphs (c) and (d), respectively.
18. In Sec. 21.7140, paragraph (c)(1)(iii) is removed; paragraph
(c)(1)(i) is amended by removing ``Sec. 21.7152;'' and adding, in its
place, ``Sec. 21.7152; and''; paragraph (c)(1)(ii) is amended by
removing ``enrollment; and'' and adding, in its place, ``enrollment.'';
paragraph (d)(1) is amended by removing ``Ch.'' and adding, in its
place, ``chapter'', and by removing ``in the same manner as they are
applied in the administration of chapter 34''; paragraph (e)(2) is
amended by removing, ``in the same manner as they are applied in the
administration of chapters 34 and 36''; and the authority citations for
paragraphs (c)(1), (d), (e), and (g) are revised to read as follows:
Sec. 21.7140 Certifications and release of payments.
* * * * *
(c) * * *
(1) * * *
(Authority: 38 U.S.C. 3680(g))
* * * * *
(d) * * *
(Authority: 38 U.S.C. 3034, 3680)
(e) * * *
(Authority: 38 U.S.C. 3034, 3680)
(g) * * *
(Authority: 38 U.S.C. 5121)
19. Section 21.7144 is revised to read as follows:
Sec. 21.7144 Overpayments.
(a) Prevention of overpayments. In administering benefits payable
under 38 U.S.C. chapter 30, VA will apply the provisions of
Sec. 21.4008. See Sec. 21.7133.
(Authority: 38 U.S.C. 3034, 3690(b))
(b) Liability for overpayments. (1) The amount of the overpayment
of educational assistance paid to a veteran or servicemember
constitutes a liability of that veteran or servicemember.
(2) The amount of the overpayment of educational assistance paid to
a veteran or servicemember constitutes a liability of the educational
institution if VA determines that the overpayment was made as the
result of willful or negligent:
(i) False certification by the educational institution; or
(ii) Endorsement of a veteran's or servicemember's false
certification of his or her actual attendance.
(Authority: 38 U.S.C. 3034, 3685)
(c) Recovery of overpayments. In determining whether an overpayment
should be recovered from an educational institution, VA will apply the
provisions of Sec. 21.4009 (except paragraph (a)(1)) to overpayments of
educational assistance under 38 U.S.C. chapter 30.
(Authority: 38 U.S.C. 3034, 3685)
Cross reference: Entitlement charges. See Sec. 21.7076(c).
21. Section 21.7170 is revised to read as follows:
Sec. 21.7170 Course measurement.
In administering benefits payable under 38 U.S.C. chapter 30, VA
will apply the following sections:
(a) Sec. 21.4270 (except paragraphs (a)(2) and (a)(3) and those
portions of paragraph (c) and footnotes dealing with farm cooperative
training)--Measurement of courses;
(b) Sec. 21.4272--Collegiate course measurement;
(c) Sec. 21.4273--Collegiate graduate;
(d) Sec. 21.4274--Law courses; and
(e) Sec. 21.4275--Practical training courses; measurement.
(Authority: 38 U.S.C. 3034, 3688)
21. In Sec. 21.7172, paragraph (a)(3)(ii) is revised to read as
follows:
Sec. 21.7172 Measurement of concurrent enrollments.
* * * * *
(a) * * *
(3) * * *
(ii) VA measures the courses pursued at the second school on a
credit-hour basis, VA will convert the credit hours to clock hours to
determine the veteran's training time.
(Authority: 38 U.S.C. 3034, 3688)
* * * * *
22. Section 21.7305 is revised to read as follows:
Sec. 21.7305 Conflicting interests.
In administering benefits payable under 38 U.S.C. chapter 30, VA
will apply the provisions of Sec. 21.4005.
(Authority: 38 U.S.C. 3034, 3036)
23. Section 21.7307 is revised to read as follows:
Sec. 21.7307 Examination of records.
In administering benefits payable under 38 U.S.C. chapter 30, VA
will apply the provisions of Sec. 21.4209.
(Authority: 38 U.S.C. 3034, 3690)
24. Section 21.7310 is revised to read as follows:
Sec. 21.7310 Civil rights.
(a) Delegation of authority concerning Federal equal opportunity
laws. The Under Secretary for Benefits is delegated the responsibility
to obtain evidence of voluntary compliance with Federal equal
opportunity laws from educational institutions and from recognized
national organizations whose representatives are afforded space and
office facilities under his or her jurisdiction. See part 18 of this
chapter. These equal opportunity laws are:
(1) Title VI, Civil Rights Act of 1964;
(2) Title IX, Education Amendments of 1972, as amended;
[[Page 55762]]
(3) Section 504, Rehabilitation Act of 1973; and
(4) The Age Discrimination Act of 1975.
(b) Role of State approving agencies. In obtaining evidence from
educational institutions of compliance with Federal equal opportunity
laws, the Under Secretary for Benefits may use the State approving
agencies as provided in Sec. 21.4258(d).
(Authority: 42 U.S.C. 2000)
Subpart L--Educational Assistance for Members of the Selected
Reserve
25. The authority citation for part 21, subpart L, continues to
read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), ch. 36, unless
otherwise noted.
26. In Sec. 21.7622, paragraph (c) is revised to read as follows:
Sec. 21.7622 Courses precluded.
* * * * *
(c) Erroneous, deceptive, misleading practices. VA will not pay
educational assistance for an enrollment in any courses offered at an
educational institution that uses advertising, sales, or enrollment
practices that are erroneous, deceptive, or misleading by actual
statement, omission, or intimation. VA will apply the provisions of
Sec. 21.4252(h) in making these decisions with regard to enrollments
under 10 U.S.C. chapter 1606.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3696)
* * * * *
Sec. 21.7639 [Amended]
27. In Sec. 21.7639, paragraph (b) introductory text is amended by
removing ``As is the case with reservists who are not incarcerated,''.
28. Section 21.7659 is revised to read as follows:
Sec. 21.7659 Reporting fee.
In determining the amount of the reporting fee payable to
educational institutions for furnishing required reports, VA will apply
the provisions of Sec. 21.4206.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3684)
Sec. 21.7670 [Amended]
29. In Sec. 21.7670, paragraph (d) is amended by removing
``Sec. 21.4272(a), (b), (d), (e) (except paragraph (e)(4)), (f), (g),
and (k)'' and adding, in its place, ``Sec. 21.4272''.
30. In Sec. 21.7720, paragraphs (b)(9), (b)(10), and (b)(11) are
redesignated as paragraphs (b)(11), (b)(12), and (b)(13), respectively;
paragraph (b)(5) is amended by removing ``policy--nonaccredited'' and
adding, in its place ``policy; nonaccredited''; newly redesignated
paragraph (b)(11) is amended by removing ``(except paragraphs (a), (e),
and (g))''; and paragraphs (b)(9) and (b)(10) are added to read as
follows:
Sec. 21.7720 Course approval.
* * * * *
(b) * * *
(9) Sec. 21.4261--Apprentice courses;
(10) Sec. 21.4262--Other training on-the-job courses;
* * * * *
[FR Doc. 97-28402 Filed 10-27-97; 8:45 am]
BILLING CODE 8320-01-P
