[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Rules and Regulations]
[Pages 38576-38577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18379]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AJ39
Veterans Education: Effective Date for Reducing Educational
Assistance
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs (VA)
regulations pertaining to the effective dates of reductions or
discontinuances of monthly payments of educational assistance under the
Montgomery GI Bill--Active Duty. Pursuant to statutory authorization,
VA requires veterans or servicemembers to certify their continued
pursuit of a program of education before they may receive such monthly
payments. VA further provides for reductions in the rates of
educational assistance in the event the veteran or servicemember
reduces the rate of training by withdrawing from part of a course. By
statute, the effective date of an adjustment of benefits made on the
basis of a monthly certification by a veteran or person is the date of
the change. This document revises the regulations to reflect the
statutory effective date.
DATES: Effective Date: July 19, 1999.
[[Page 38577]]
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Adviser, Education Service, Veterans Benefits Administration (202) 273-
7187.
SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. 3680(g) allow VA
to require eligible veterans and eligible persons to certify their
continued pursuit of a program of education before they may receive
their monthly payment of educational assistance.
VA requires such certification by regulation for individuals
receiving educational assistance under the Montgomery GI Bill--Active
Duty (MGIB) (38 CFR 21.7154). Further, VA regulations provide for
reduction of educational benefits where a veteran or servicemember
withdraws from part of a course (38 CFR 21.7135(f)). By statute, any
adjustment of benefits made on the basis of certification is effective
as of the date of the occurrence (38 U.S.C. 5113(b)).
Previously, 38 CFR 21.7135(f)(1) provided that the effective date
for reduction of a veteran's or servicemember's educational assistance
was the earlier of the end of the month or the end of the term in which
the withdrawal from part of a course occurred. The regulations are now
revised to reflect the statutory requirement that the date of change is
the effective date.
Nonsubstantive changes also are made for the purpose of clarity.
Substantive changes made by this final rule merely reflect
statutory requirements. 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 and does not directly affect small
entities. This final rule directly affects only individuals. 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.
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 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 22, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
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. 21.7135, paragraph (f)(1) introductory text and the
authority citations for paragraphs (f)(2) and (f)(3) are revised to
read as follows:
Sec. 21.7135 Discontinuance dates.
* * * * *
(f) * * *
(1) If the reduction in the rate of training occurs other than on
the first date of the term, VA will reduce the veteran's or
servicemember's educational assistance effective the date on which the
withdrawal occurs when either:
* * * * *
(2) * * *
(Authority: 38 U.S.C. 3680(a))
(3) * * *
(Authority: 38 U.S.C. 3034, 3680(a), 5113(b))
* * * * *
[FR Doc. 99-18379 Filed 7-16-99; 8:45 am]
BILLING CODE 8320-01-P
