[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Rules and Regulations]
[Pages 26297-26298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12203]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AJ38
Reservists' Education: Increase in Educational Assistance Rates
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: By statute the monthly rates of basic educational assistance
payable to reservists under the Montgomery GI Bill--Selected Reserve
must be adjusted each fiscal year in accordance with a statutory
formula. The Veterans Benefits Act of 1998 provides a rate increase of
approximately 20% that supersedes the otherwise applicable statutory
annual adjustment for Fiscal Year 1999 (October 1, 1998, through
September 30, 1999). The regulations governing rates of basic
educational assistance payable under the Montgomery GI Bill--Selected
Reserve are changed to show the rates indicated in the Act for Fiscal
Year 1999. By statute, regular annual adjustments to these rates will
resume commencing with Fiscal Year 2000.
DATES: Effective Date: This final rule is effective May 14, 1999.
Applicability Date: The changes in rates are applicable October 1,
1998, to conform with statutory requirements. For more information
concerning the dates of application, see the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Adviser, Education Service, Veterans Benefits Administration, (202)
273-7187.
SUPPLEMENTARY INFORMATION: As provided by the Veterans Benefits Act of
1998 (Pub. L. 105-178, Title VIII, Subtitle B), the rates of basic
educational assistance under the Montgomery GI Bill--Selected Reserve
payable to students pursuing a program of education full time must be
increased by approximately 20% effective October 1, 1998. This final
rule changes the regulations to reflect the statutory changes made by
section 8203(b) of Pub. L. 105-178.
10 U.S.C. 16131(b) requires that the full-time, three-quarter-time,
and half-time rates for institutional training be increased as noted
above. These increased rates result in proportionate increases in the
benefits payable for other types of training whose rates are based on
the institutional training rates. For example, monthly rates payable to
reservists in apprenticeship or other on-job training are set by
statute at a given percentage of the full-time institutional rate.
10 U.S.C. 16131(b) requires that the Department of Veterans Affairs
(VA) pay less-than-half-time students at appropriately reduced rates.
Since payment for less-than-half-time training became available under
the Montgomery GI Bill--Selected Reserve in Fiscal Year 1990, VA has
paid less-than-half-time students at 25% of the full-time institutional
rate for pursuit of a program of education. This final rule sets forth
changes in rates 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 effective from the
date of publication, but the changes in rates are applied retroactively
from October 1, 1998, as set out in the regulations, in accordance with
the applicable statutory provisions discussed above.
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 Defense, the Commandant of the Coast Guard, and
the 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 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 sections 603 and 604.
There is no Catalog of Federal Domestic Assistance number for the
program affected by this final rule.
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 programs, 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 4, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
Approved: March 26, 1999.
Charles L. Cragin,
Acting Assistant Secretary of Defense for Reserve Affairs.
Approved: April 6, 1999.
F.L. Ames,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Human
Resources.
For the reasons set out above, 38 CFR part 21, subpart L is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
1. The authority citation for part 21, subpart L is revised to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
unless otherwise noted.
2. In Sec. 21.7636, paragraphs (a)(1), (a)(2)(i), and (a)(3) are
revised to read as follows:
[[Page 26298]]
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section or in Sec. 21.7639, the monthly rate of
educational assistance payable for training that occurs after September
30, 1998, and before October 1, 1999, to a reservist pursuing a program
of education is the amount stated in this table:
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Monthly
Training rate
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Full time.................................................... $251.00
\3/4\ time................................................... 188.00
\1/2\ time................................................... 125.00
\1/4\ time................................................... 62.75
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(2) The monthly rate of basic educational assistance payable to a
reservist for apprenticeship or other on-the-job training full time
that occurs after September 30, 1998, and before October 1, 1999, is
the rate stated in this table:
(i)
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Monthly
Training period rate
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First six months of pursuit of training...................... $188.25
Second six months of pursuit of training..................... 136.05
Remaining pursuit of training................................ 87.85
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(3) The monthly rate of educational assistance payable to a
reservist for pursuit of a cooperative course after September 30, 1998,
and before October 1, 1999, is the rate stated in paragraph (a)(1) of
this section for full-time training during that period of time.
(Authority: 10 U.S.C. 16131(b), (c); sec. 8203(b), Pub. L. 105-178,
112 Stat. 493-494)
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[FR Doc. 99-12203 Filed 5-13-99; 8:45 am]
BILLING CODE 8320-01-P
