[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Pages 7217-7218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4196]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AG23
Veterans Education: Implementation of the Veterans' Benefits Act
of 1992 and the Department of Defense Authorization Act for Fiscal Year
1993 in the Post-Vietnam Era Veterans' Educational Assistance Program
AGENCIES: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This final rule amends the educational assistance and
educational benefits regulations of the Department of Veterans Affairs
(VA). It makes changes concerning measurement of training time,
duplication of benefits, advance payment for work study, and permission
for some service members who participated in the Post-Vietnam Era
Veterans' Educational Assistance Program (VEAP) to instead elect to
receive benefits under the Montgomery GI Bill--Active Duty. These
changes restate statutory requirements.
EFFECTIVE DATES: The effective dates of the changes made by this final
rule are as follows:
October 23, 1992: Sec. 21.5058.
October 29, 1992: Secs. 21.5023, 21.5145, 21.5231, and 21.5250.
July 1, 1993: Sec. 21.5270.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: Regulations concerning VA-administered
educational assistance and educational benefits are contained in 38 CFR
Part 21. The Veterans' Benefits Act of 1992 (Pub. L. 102-568) amends
educational assistance provisions under VEAP and amends other
provisions that affect work-study under that program. The National
Defense Authorization Act for Fiscal Year 1993 (Pub. L. 102-484) allows
some VEAP participants to receive benefits under the Montgomery GI
Bill--Active Duty. This document contains a number of changes to the
regulations which merely reflect certain changes made by these public
laws. These changes to the regulations are as follows.
Under Public Law 102-568, the limit on the amount of money that VA
can pay in advance on a work-study contract has been changed. Formerly,
that limit was 40 percent of the total amount payable under the
contract. Now the limit is the lesser of 40 percent of the total amount
payable under the contract or 50 times the applicable minimum hourly
wage in effect on the date the contract is signed. Changes are made to
38 CFR 21.5145 to reflect these statutory provisions.
Public Law 102-484, among other things, provides that a veteran who
has been discharged under the Voluntary Separation Incentive or Special
Separation Benefit programs before October 23, 1992, was eligible on or
before October 23, 1993 to elect to receive educational assistance
under the Montgomery GI Bill--Active Duty in lieu of any other
educational assistance, including VEAP. Changes are made to
Sec. 21.5058 to reflect these statutory changes.
Previously, Sec. 21.5023 allowed for veterans receiving assistance
under the Government Employees' Training Act (GETA) also to receive
assistance under VEAP if the VEAP training occurred other than during
duty hours. However, under Pub. L. 102-568 payment under VEAP is now
prohibited for veterans receiving assistance under GETA regardless of
whether the veteran is a full-time or part-time employee. Changes are
made to Sec. 21.5023 to reflect this statutory change.
Several provisions of Public Law 102-568 apply to VEAP. These are
prohibition of receipt of educational assistance while the veterans is
training under the Service Members Occupational Conversion and Training
Act; a change in the ending date of the award of educational assistance
when the veterans die during the period covered by an advanced payment
of educational assistance; prohibition of approval of a nonaccredited
course offered by independent study and prohibition of approval of an
enrollment in such a course; and measurement of nonaccredited courses
not leading to a standard college degree. Changes are made to 38 CFR
21.5231, 21.5250, and 21.5270 to reflect these changes.
The effective dates of the various changes made by this final rule
reflect the effective dates of the corresponding statutory changes.
Nonsubstantive changes are made for purposes of clarity.
This final rule reflects statutory changes and, therefore, is not
subject to the provisions of 5 U.S.C. 552, or 553, including the notice
and comment provisions.
The Secretary of Veterans Affairs and the Secretary of Defense
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. The
changes made by the final rule restate statutory 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 Secs. 603 and
604.
The Catalog of Federal Domestic Assistance number for the
program affected by this final rule is 64.120.
List of Subjects in 38 CFR Part 21
Civil rights, Claims, Education, Grant programs-education, Loan
programs-education, Reporting and recordkeeping requirements, Schools,
Veterans, Vocational education, Vocational rehabilitation.
Approved: October 11, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary (Military Personnel
Policy), Department of Defense.
For the reasons set out in the preamble, 38 CFR part 21, subpart G
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
1. The authority citation for part 21, subpart G is revised to read
as follows:
Authority: 38 U.S.C. 501(a), Chapter 32, unless otherwise noted.
Sec. 21.5023 [Amended]
2. In Sec. 21.5023, paragraph (b) is amended by removing ``and
whose full salary is being paid to him or her while so training''.
Sec. 21.5058 [Amended]
3. In Sec. 21.5058, paragraph (a) is amended by adding the heading
``General.''
4. In Sec. 21.5058 paragraphs (b) and (c) are revised to read as
follows:
[[Page 7218]]
Sec. 21.5058 Resumption of participation.
* * * * *
(b) Disenrollment in order to participate in other educational
programs. A person who elects to disenroll in order to receive
educational assistance allowance under 38 U.S.C. chapter 34 or to
receive an officer adjustment benefit payable under Sec. 21.4703 may
not reenroll if he or she has negotiated a check under the provisions
of law governing the program elected in lieu of the Post-Vietnam Era
Veterans' Educational Assistance Program. A person who elects to
disenroll in order to receive educational assistance under the
Montgomery GI Bill--Active Duty, as provided in Sec. 21.7045, may not
reenroll.
(Authority: 38 U.S.C. 3018A, 3018B, 3202(1), 3222)
(c) Reenrollment permitted following some disenrollments. (1)
Except as provided in paragraph (b) of this section, a person who has
disenrolled may reenroll, but will have to qualify again for minimum
participation as described in Sec. 21.5052(a).
(2) If a person does reenroll, he or she may ``repurchase''
entitlement by tendering previously refunded contributions which he or
she received upon disenrollment, subject to the conditions of
Sec. 21.5052(f).
(Authority: 38 U.S.C. 3221, 3222)
5. In Sec. 21.5145, paragraph (e) is revised to read as follows:
Sec. 21.5145 Work-study program.
* * * * *
(e) Payment in advance. VA will pay in advance an amount equal to
the lesser of the following:
(1) 40 percent of the total amount payable under the contract; or
(2) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date contract is signed.
(Authority: 38 U.S.C. 3241, 3485)
* * * * *
Sec. 21.5231 [Amended]
6. Section 21.5231, is amended by removing ``in the same manner as
it is applied in the administration of chapters 34 and 36''.
7. In Sec. 21.5250, the introductory text of paragraph (a) and
paragraph (a)(3) are revised, and paragraph (a)(16) is added, to read
as follows:
Sec. 21.5250 Courses.
(a) In administering benefits payable under 38 U.S.C. chapter 32,
VA and, where appropriate, the State approving agencies shall apply the
following sections.
* * * * *
(3) Section 21.4252--Courses precluded.
* * * * *
(16) Section 21.4267--Approval of independent study.
* * * * *
8. In Sec. 21.5270, paragraphs (b) and (j) are removed and
reserved; and the introductory text and paragraph (c) are revised, to
read as follows:
Sec. 21.5270 Assessment and pursuit of courses.
In the administration of benefits payable under 38 U.S.C. chapter
32, VA shall apply the following sections.
* * * * *
(c) Section 21.4272--Collegiate course measurement.
(Authority: 38 U.S.C. 3241, 3688)
* * * * *
[FR Doc. 96-4196 Filed 2-26-96; 8:45 am]
BILLING CODE 8320-01-P
