96-11970. Veterans Education: Increase in Rates Payable Under the Montgomery GI BillActive Duty, 1995-96  

  • [Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
    [Rules and Regulations]
    [Pages 24237-24239]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-11970]
    
    
    
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    DEPARTMENT OF VETERANS AFFAIRS
    38 CFR Part 21
    
    RIN 2900-AH79
    
    
    Veterans Education: Increase in Rates Payable Under the 
    Montgomery GI Bill--Active Duty, 1995-96
    
    AGENCY: Department of Veterans Affairs.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    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 1996 (October 1, 1995 through September 30, 1996) are changed to 
    show a 2.9% increase in these rates.
    
    EFFECTIVE DATE: October 1, 1995.
    
    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) for fiscal year 1996, 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 the percentage 
    that the total of the monthly Consumer Price Index-W for July 1, 1994, 
    through June 30, 1995, exceeds the total of the monthly Consumer Price 
    Index-W for July 1, 1993, through June 30, 1994. Under this formula, 
    the changes to the regulations governing monthly rates reflect a 2.9% 
    increase.
        It should be noted that some veterans will receive an increase in 
    monthly payments that will be less than 2.9%. 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 2.9%.
        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 
    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.
        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), the amended regulations, therefore, are exempt from 
    the initial and final regulatory flexibility analyses requirements of 
    sections 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: May 1, 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 continues 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 
    ``$323.90'' and adding, in its place, ``$333.30'' and by removing 
    ``1994, and before October 1, 1995'' and adding, in its place, ``1995, 
    and before October 1, 1996''; paragraph (c)(3) is amended by removing 
    ``$263.18'' and adding, in its place, ``$270.81'' and by removing 
    ``1994, and before October 1, 1995'' and adding, in its place, ``1995, 
    and before October 1, 1996''; and paragraphs (b)(1), (b)(2), (c)(1), 
    and (c)(2) 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,
    
    [[Page 24238]]
    
    1995, and before October 1, 1996, to a veteran whose service is 
    described in paragraph (a) of this section is the rate stated in the 
    following table.
    
    ------------------------------------------------------------------------
                                                                     Monthly
                               Training                               rate  
    ------------------------------------------------------------------------
    Full time.....................................................   $416.62
    \3/4\ time....................................................    312.46
    \1/2\ time....................................................    208.31
    Less than \1/2\ but more than \1/4\ time......................    208.31
    \1/4\ time or less............................................    104.15
    ------------------------------------------------------------------------
    
    (Authority: 38 U.S.C. 3015)
    
        (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, 
    1995, and before October 1, 1996, is the rate stated in the following 
    table.
    
    ------------------------------------------------------------------------
                                                                     Monthly
                            Training period                           rate  
    ------------------------------------------------------------------------
    First six months of pursuit of program........................   $312.46
    Second six months of pursuit of program.......................    229.14
    Remaining pursuit of program..................................    145.82
    ------------------------------------------------------------------------
    
    (Authority: 38 U.S.C. 3015, 3032(c))
    * * * * *
        (c) * * *
        (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, 1995, and 
    before October 1, 1996, is the rate stated in the following table.
    
    ------------------------------------------------------------------------
                                                                     Monthly
                               Training                               rate  
    ------------------------------------------------------------------------
    Full time.....................................................   $338.51
    \3/4\ time....................................................    253.88
    \1/2\ time....................................................    169.25
    Less than \1/2\ but more than \1/4\ time......................    169.25
    \1/4\ time or less............................................     84.62
    ------------------------------------------------------------------------
    
    (Authority: 38 U.S.C. 3015, 3032(c))
    
        (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, 1995, and before October 1, 1996, is the rate 
    stated in the following table.
    
    ------------------------------------------------------------------------
                                                                     Monthly
                            Training period                           rate  
    ------------------------------------------------------------------------
    First six months of pursuit of program........................   $253.88
    Second six months of pursuit of program.......................    186.18
    Remaining pursuit of program..................................    118.48
    ------------------------------------------------------------------------
    
    (Authority: 38 U.S.C. 3015, 3032(c))
    * * * * *
        3. In Sec. 21.7137, paragraph (c)(2) introductory text is amended 
    by removing ``1994, and before October 1, 1995'' and adding, in its 
    place, ``1995, and before October 1, 1996''; paragraph (c)(2)(i) is 
    amended by removing ``$592.88'' and adding, in its place, ``$604.62''; 
    paragraph (c)(2)(ii) is amended by removing ``$445.16'' and adding, in 
    its place, ``$453.96''; paragraph (c)(2)(iii) is amended by removing 
    ``$296.44'' and adding, in its place, ``$302.31''; paragraph (c)(2)(iv) 
    is amended by removing ``$148.22'' and adding, in its place, 
    ``$151.15''; and paragraphs (a)(1) and (a)(2) 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, 1995, and before October 1, 1996, is 
    the rate stated in the following table.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                     Monthly rate                   
                                                                 ---------------------------------------------------
                                                                                                          Additional
                              Training                                 No          One          Two        for each 
                                                                   dependents   dependent    dependents   additional
                                                                                                          dependent 
    ----------------------------------------------------------------------------------------------------------------
    Full time...................................................      $604.62      $640.62      $671.62       $16.00
    3/4 time....................................................       453.96       480.46       503.96        12.00
    1/2 time....................................................       302.31       320.31       335.81         8.50
    Less than 1/2 but more than 1/4 time........................                                                    
    (3) 302.31                                                                                                      
    1/4 time....................................................                                                    
    (3) 151.15                                                                                                      
    Cooperative.................................................       454.90       475.30       494.90         9.20
    ----------------------------------------------------------------------------------------------------------------
    
    (Authority: 38 U.S.C. 3015(c), (f), (g))
    
        (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, 1995, and before October 1, 1996, is 
    the rate stated in the following table.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                     Monthly rate                   
                                                                 ---------------------------------------------------
                                                                                                          Additional
                           Training period                             No          One          Two        for each 
                                                                   dependents   dependent    dependents   additional
                                                                                                          dependent 
    ----------------------------------------------------------------------------------------------------------------
    1st 6 months of pursuit of program..........................      $415.21      $427.59      $438.46        $5.25
    2nd 6 months of pursuit of program..........................       285.52       294.87       302.57         3.85
    3rd 6 months of pursuit of program..........................       169.62       175.74       180.47         2.45
    Remaining pursuit of program................................       157.72       163.49       168.74         2.45
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 24239]]
    
    
    
    (Authority: 38 U.S.C. 3015(d), (f), (g))
    * * * * *
    [FR Doc. 96-11970 Filed 5-13-96; 8:45 am]
    BILLING CODE 8320-01-P
    
    

Document Information

Effective Date:
10/1/1995
Published:
05/14/1996
Department:
Veterans Affairs Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-11970
Dates:
October 1, 1995.
Pages:
24237-24239 (3 pages)
RINs:
2900-AH79: Veterans Education: Increase in Rates Payable Under the Montgomery GI Bill Active Duty, 1995 - 1996
RIN Links:
https://www.federalregister.gov/regulations/2900-AH79/veterans-education-increase-in-rates-payable-under-the-montgomery-gi-bill-active-duty-1995-1996
PDF File:
96-11970.pdf
CFR: (2)
38 CFR 21.7136
38 CFR 21.7137