[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Rules and Regulations]
[Pages 14037-14039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7648]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI58
Veterans Education: Reduction in Required Reports
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the educational assistance and
educational benefits regulations of the Department of Veterans Affairs
(VA). It changes the nature of the information to be reported by
veterans and servicemembers receiving educational assistance under the
Montgomery GI Bill--Active Duty program and the number of reports
required of educational institutions in which these veterans and
servicemembers are enrolled. These changes will streamline the
operation of this program, and reduce the information collection burden
for this program, while maintaining the program's integrity.
DATES: Effective Date: April 23, 1998.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Advisor, Education Service, Veterans Benefits Administration, 202-273-
7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on September 18, 1997 (62 FR 48969), VA proposed to amend the
``All Volunteer Force Educational Assistance Program (Montgomery GI
Bill--Active Duty)'' regulations set forth at 38 CFR part 21, subpart
K. We proposed to reduce the number of reports required of a veteran
pursuing a program of education under the Montgomery GI Bill--Active
Duty (MGIB), and also to reduce the number of reports that an
educational institution has to make to VA if it has veterans enrolled
under the MGIB. In summary, a veteran would no longer have to submit a
monthly verification of pursuit of a program of education if he or she
either received an advance payment covering that month or received a
lump sum payment for that month. In addition, neither the veteran nor
the educational institution would have to report to VA if the veteran
is enrolled as a full-time student for a standard term, and either
increases or decreases the number of credit hours being pursued without
changing his or her full-time student status.
Interested persons were given 60 days to submit comments. No
comments were received. Based on the rationale set forth in the
proposed rule, we are adopting the provisions of the proposed rule as a
final rule.
Paperwork Reduction Act of 1995
Information collection and recordkeeping requirements associated
with this final rule concerning requirements that in certain instances
a veteran pursuing a program of education under the MGIB must verify
pursuit monthly, in 38 CFR 21.7154 and 21.7156(a), have been approved
by the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501-3520) and have been
assigned OMB control number 2900-0465.
Furthermore, information collection and recordkeeping requirements
associated with this final rule concerning requirements for reporting
changes in enrollment, which require that in most instances both
veterans and educational institutions must report to VA without delay
interruptions, terminations, or changes in hours of credit or
attendance, in 38 CFR 21.7156(b), have been approved by OMB under the
provisions of the Paperwork Reduction Act and have been assigned OMB
control number 2900-0156.
OMB assigns control numbers to collections of information it
approves. VA may not conduct or sponsor, and a
[[Page 14038]]
person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. The valid OMB
control number assigned to each collection of information in this final
rule is displayed at the end of each affected section of the
regulations.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies 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 will have only
minuscule effects on the activity of any educational institution.
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 64.124.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, 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.
Approved: March 17, 1998.
Togo D. West, Jr.,
Acting Secretary.
For the reasons set out above, 38 CFR part 21 (subpart K) is
amended as set forth below:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
1. The authority citation for part 21, subpart K continues to read
as follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise
noted.
2. In Sec. 21.7154, paragraphs (a) and (b) are redesignated as
paragraphs (b) and (c), respectively; newly redesignated paragraph
(b)(2)(i) is amended by removing ``payment,'' and adding, in its place,
``payment;''; newly redesignated paragraph (b)(2)(ii) is amended by
removing ``period, and'' and adding, in its place, ``period; and'';
paragraph (a) is added, a parenthetical at the end of the section is
added, and the introductory text for the section, the paragraph heading
for newly redesignated paragraph (b), and newly redesignated paragraph
(b)(1) are revised, to read as follows:
Sec. 21.7154 Pursuit and absences.
Except as provided in this section, an individual must submit a
verification to VA each month of his or her enrollment during the
period for which the individual is to be paid. This verification shall
be in a form prescribed by the Secretary.
(a) Exceptions to the monthly verification requirement. An
individual does not have to submit a monthly verification as described
in the introductory text of this section when the individual--
(1) Is enrolled in a correspondence course;
(2) Has received a lump-sum payment for the training completed
during a month; or
(3) Has received an advance payment for the training completed
during a month.
(Authority: 38 U.S.C. 3034, 3684)
(b) Items to be reported on all monthly verifications. (1) The
monthly verification for all veterans and servicemembers will include a
report on the following items when applicable:
(i) Continued enrollment in and actual pursuit of the course;
(ii) The individual's unsatisfactory conduct, progress, or
attendance;
(iii) The date of interruption or termination of training;
(iv) Changes in the number of credit hours or in the number of
clock hours of attendance other than those described in
Sec. 21.7156(a);
(v) Nonpunitive grades; and
(vi) Any other changes or modifications in the course as certified
at enrollment.
* * * * *
(The information collection requirements in this section have been
approved by the Office of Management and Budget under control number
2900-0465.)
3. In Sec. 21.7156, the introductory text and paragraph (a)
introductory text are removed; paragraphs (a)(1), (a)(2), (a)(3), (b),
and (c) are redesignated as paragraphs (b)(3), (b)(4), (b)(5), (c), and
(d), respectively; newly redesignated paragraph (c)(2) is amended by
removing ``(b)(1)'' and adding, in its place, ``(c)(1)''; and the
section heading is revised, paragraphs (a), (b)(1), and (b)(2) are
added, a parenthetical at the end of the section is added, and newly
redesignated paragraph (b)(3) is revised, to read as follows:
Sec. 21.7156 Other required reports.
(a) Reports from veterans and servicemembers. (1) A veteran or
servicemember enrolled full time in a program of education for a
standard term, quarter, or semester must report without delay to VA:
(i) A change in his or her credit hours or clock hours of
attendance if that change would result in less than full-time
enrollment;
(ii) Any change in his or her pursuit that would result in less
than full-time enrollment; and
(iii) Any interruption or termination of his or her attendance.
(2) A veteran or servicemember not described in paragraph (a)(1) of
this section must report without delay to VA:
(i) Any change in his or her credit hours or clock hours of
attendance;
(ii) Any change in his or her pursuit; and
(iii) Any interruption or termination of his or her attendance.
(Authority: 38 U.S.C. 3680(g))
(b) Interruptions, terminations, or changes in hours of credit or
attendance. (1) Except as provided in paragraph (b)(2) of this section,
an educational institution must report without delay to VA each time a
veteran or servicemember:
(i) Interrupts or terminates his or her training for any reason; or
(ii) Changes his or her credit hours or clock hours of attendance.
(2) An educational institution does not need to report a change in
a veteran's or servicemember's hours of credit or attendance when:
(i) The veteran or servicemember is enrolled full time in a program
of education for a standard term, quarter, or semester before the
change;
(ii) The veteran or servicemember continues to be enrolled full
time after the change; and
(iii) The tuition and fees charged to the servicemember have not
been adjusted as a result of the change.
(Authority: 38 U.S.C. 3034, 3684)
(3) If the change in status or change in number of credit hours or
clock hours of attendance occurs on a day other than one indicated by
paragraph (b)(4) or (b)(5) of this section, the educational institution
will initiate a report of the change in time for VA to receive it
within 30 days of the date on which the change occurs.
* * * * *
(The information collection requirements in paragraphs (a) and (b)
of this section have
[[Page 14039]]
been approved by the Office of Management and Budget under control
numbers 2900-0465 and 2900-0156, respectively.)
[FR Doc. 98-7648 Filed 3-23-98; 8:45 am]
BILLING CODE 8320-01-P
