[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Rules and Regulations]
[Pages 15190-15192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8301]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH14
Veterans Education: Increase in Rates Payable Under the
Montgomery GI Bill--Active Duty, 1994-95
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: By statute the monthly rates of basic educational assistance
payable to veterans and servicemembers under the Montgomery GI Bill --
Active Duty must be adjusted each fiscal year. In accordance with the
statutory formula, the regulations governing rates of basic educational
assistance payable under the Montgomery GI Bill--Active Duty for fiscal
year 1995 (October 1, 1994 through September 30, 1995) are changed to
show a 1.22% increase.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration (202) 273-7187.
SUPPLEMENTARY INFORMATION: Under the formula mandated by 38 U.S.C.
3015(g) and section 12009 of the Omnibus Budget Reconciliation Act of
1993 (Pub. L. 103-66) for fiscal year 1995, the rates of basic
educational assistance under the Montgomery GI Bill--Active Duty
payable to students pursuing a program of education full time must be
increased by one-half of the percentage that the total of the monthly
Consumer Price Index-W for July 1, 1993 through June 30, 1994 exceeds
the total of the monthly Consumer Price Index-W for July 1, 1992
through June 30, 1993. Under this formula, the changes to the
regulations governing monthly rates reflect a 1.22% increase.
It should be noted that some veterans will receive an increase in
monthly payments that will be less than 1.22%. The increase does not
apply to additional amounts payable by the Secretary of Defense to
individuals with skills or a specialty in which there is a critical
shortage of personnel (so-called ``kickers''). It does not apply to
supplemental educational assistance. It also does not apply to amounts
payable for dependents. Veterans who previously had eligibility under
the Vietnam Era GI Bill receive monthly payments that are in part based
upon basic educational assistance and in part based upon the rates
payable under the Vietnam Era GI Bill. Only that portion attributable
to basic educational assistance is increased by 1.22%.
Although 38 U.S.C. 3015(g) requires only that the full-time rates
be increased, these revisions include increases for other training
also. Monthly rates payable to veterans in apprenticeship or other on-
job training or cooperative training are set by statute at a given
percentage of the full-time rate. Hence, any rise in the full-time rate
[[Page 15191]]
automatically requires an increase in the rates for these types of
training.
38 U.S.C. 3015 (a) and (b) require that the Department of Veterans
Affairs (VA) pay part-time students at appropriately reduced rates.
Since the first student became eligible for assistance under the
Montgomery GI Bill--Active Duty in 1985, VA has paid three-quarter-time
students and one-half-time students at 75% and 50% of the full-time
rate, respectively. Students pursuing a program of education at less
than one half but more than one-quarter-time have had their payments
limited to 50% or less of the full-time rate. Similarly, students
pursuing a program of education at one-quarter-time or less have had
their payments limited to 25% or less of the full-time rate. Changes
are made consistent with the authority and formula described in this
paragraph.
Nonsubstantive changes also are made for the purpose of clarity.
The changes set forth in this final rule are applied retroactively
from the effective date of the statutory changes.
Substantive changes made by this final rule merely reflect
statutory requirements and adjustments made based on previously
established formulas. 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 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 directly affects
only individuals and does not directly affect small entities. 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, Entitlement programs-education,
Entitlement 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 28, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 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 (New
GI Bill)
1. The authority citation for part 21, subpart K is revised to read
as follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise
noted.
2. In Sec. 21.7136, paragraph (b)(3) is amended by removing
``$320'' and adding, in its place, ``$323.90 for training that occurs
after September 30, 1994, and before October 1, 1995''; paragraph
(c)(3) is amended by removing ``$260'' and adding, in its place,
``$263.18 for training that occurs after September 30, 1994, and before
October 1, 1995,''; and paragraphs (b)(1), (b)(2), (c) introductory
text, (c)(1), and (c)(2) and their authority citations are revised, to
read as follows:
Sec. 21.7136 Rates of payment of basic educational assistance.
* * * * *
(b) Rates. (1) Except as provided in paragraphs (b)(2), (b)(3), and
(d) of this section, the monthly rate of basic educational assistance
payable for training that occurs after September 30, 1994, and before
October 1, 1995, to a veteran whose service is described in paragraph
(a) of this section is the rate stated in the following table.
------------------------------------------------------------------------
Monthly
Training rate
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Full time.................................................... $404.88
\3/4\ time................................................... 303.66
\1/2\ time................................................... 202.44
Less than \1/2\ but more than \1/4\ time..................... 202.44
\1/4\ time or less........................................... 101.22
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(Authority: 38 U.S.C. 3015; sec. 12009(c), Pub. L. 103-66, 107 Stat.
416)
(2) If a veteran's service is described in paragraph (a) of this
section, the monthly rate payable to the veteran for pursuit of an
apprenticeship or other on-job training that occurs after September 30,
1994, and before October 1, 1995, is the rate stated in the following
table.
------------------------------------------------------------------------
Monthly
Training period rate
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First six months of pursuit of program....................... $303.66
Second six months of pursuit of program...................... 222.68
Remaining pursuit of program................................. 141.71
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(Authority: 38 U.S.C. 3015, 3032(c); sec. 12009(c), Pub. L. 103-66,
107 Stat. 416)
* * * * *
(c) Rates for some veterans whose initial obligated period of
active duty is less than three years. If a veteran has established
eligibility under Sec. 21.7042, but the veteran's service is not
described in paragraph (a)(2) of this section, the monthly rate of
educational assistance payable to the veteran will be determined by
this paragraph.
(1) Except as provided in paragraphs (c)(2), (c)(3), and (d) of
this section, the monthly rate of basic educational assistance payable
to a veteran for training that occurs after September 30, 1994, and
before October 1, 1995, is the rate stated in the following table.
------------------------------------------------------------------------
Monthly
Training rate
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Full time.................................................... $328.97
\3/4\ time................................................... 246.73
\1/2\ time................................................... 164.49
Less than \1/2\ but more than \1/4\ time..................... 164.49
\1/4\ time or less........................................... 82.24
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(Authority: 38 U.S.C. 3015, 3032(c); sec. 12009(c), Pub. L. 103-66,
107 Stat. 416)
(2) The monthly rate of educational assistance payable to a veteran
for pursuit of an apprenticeship or other on-job training that occurs
after September 30, 1994, and before October 1, 1995, is the rate
stated in the following table.
------------------------------------------------------------------------
Monthly
Training period rate
------------------------------------------------------------------------
First six months of pursuit of program....................... $246.73
Second six months of pursuit of program...................... 180.93
Remaining pursuit of program................................. 115.14
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015, 3032(c); sec. 12009(c), Pub. L. 103-66,
107 Stat. 416)
* * * * *
3. In Sec. 21.7137, paragraph (c)(2) introductory text is amended
by removing ``rates'' and adding, in its place, ``rates for training
that occurs after September 30, 1994, and before October 1, 1995'';
paragraph (c)(2)(i) is amended by removing ``$588.00'' and adding, in
its place, ``$592.88''; paragraph (c)(2)(ii) is amended by removing
``$441.00'' and adding, in its
[[Page 15192]]
place, ``$445.16''; paragraph (c)(2)(iii) is amended by removing
``$294.00'' and adding, in its place, ``$296.44''; paragraph (c)(2)(iv)
is amended by removing ``$147.00'' and adding, in its place,
``$148.22''; and paragraphs (a)(1) and (a)(2) and their authority
citations are revised, to read as follows:
Sec. 21.7137 Rates of payment of basic educational assistance for
individuals with remaining entitlement under 38 U.S.C. ch. 34.
(a) Minimum rates. * * *
(1) Except as provided in paragraphs (a)(2), (b), and (c) of this
section, the monthly rate of basic educational assistance for training
that occurs after September 30, 1994, and before October 1, 1995, is
the rate stated in the following table.
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Monthly rate
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Additional
Training No One Two for each
dependents dependent dependents additional
dependent
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Full time............................................... $592.88 $628.88 $659.88 $16.00
\3/4\ time.............................................. 445.16 471.66 495.16 12.00
\1/2\ time.............................................. 296.44 314.44 329.94 8.50
Less than \1/2\ but more than \1/4\ time................
(3) 296.44
\1/4\ time..............................................
(3) 148.22
Cooperative............................................. 445.50 465.90 485.50 9.20
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(Authority: 38 U.S.C. 3015(c), 3015(f), 3015(g); sec. 12009(c), Pub.
L. 103-66, 107 Stat. 416)
(2) For veterans pursuing an apprenticeship or other on-job
training, the monthly rate of basic educational assistance for training
that occurs after September 30, 1994, and before October 1, 1995, is
the rate stated in the following table.
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Monthly rate
-------------------------------------------------------
Additional
Training period No One Two for each
dependents dependent dependents additional
dependent
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1st 6 months of pursuit of program...................... $406.41 $418.79 $429.66 $5.25
2nd 6 months of pursuit of program...................... 279.06 288.41 296.11 3.85
3rd 6 months of pursuit of program...................... 165.51 171.63 176.36 2.45
Remaining pursuit of program............................ 153.61 159.38 164.63 2.45
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(Authority: 38 U.S.C. 3015(d), 3015(f), 3015(g); sec. 12009(c), Pub.
L. 103-66, 107 Stat. 416)
* * * * *
[FR Doc. 96-8301 Filed 4-4-96; 8:45 am]
BILLING CODE 8320-01-P
