[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Page 51901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25010]
[[Page 51901]]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AJ70
Veterans Education: Montgomery GI Bill--Active Duty;
Administrative Error
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the educational assistance and education
benefit regulations of the Department of Veterans Affairs (VA). The
amendment clarifies these provisions by stating that when VA, the
Department of Defense (DOD), or the Department of Transportation (DOT)
makes an administrative error or error in judgment that is the sole
cause of an erroneous award under the Montgomery GI Bill--Active Duty,
VA must reduce or terminate the award effective the date of last
payment.
DATES: Effective Date: September 27, 1999.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Advisor, Education Service, Veterans Benefits Administration, 202-273-
7187.
SUPPLEMENTARY INFORMATION: This document amends the educational
assistance and education benefit regulations. VA, DOD, and DOT may
occasionally make an administrative error or error in judgment that
causes an overpayment of educational assistance under the Montgomery GI
Bill--Active Duty (MGIB). Currently, 38 CFR 21.7135(v) provides that
when an administrative error or error in judgment results in an
erroneous award of educational assistance under the MGIB, the award
will be reduced or terminated effective the date of last payment. This
document clarifies these provisions by stating that the regulations
cover administrative errors or errors in judgment made by VA, DOD, or
DOT when the error is the sole cause of the erroneous award. This
interprets statutory authority at 38 U.S.C. 5112(b) and 5113.
Administrative Procedure Act
This document sets forth interpretive provisions. Accordingly,
there is a basis for dispensing with notice-and-comment and a delayed
effective date under 5 U.S.C. 553.
Executive Order 12866
This final rule has been reviewed by OMB under Executive Order
12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this 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 rule will affect individuals, but it will not
affect small entities. Pursuant to 5 U.S.C. 605(b), this 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 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: April 13, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set forth 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
(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 (v)(2) is revised to read as follows:
Sec. 21.7135 Discontinuance dates.
* * * * *
(v) * * *
(2) When VA, the Department of Defense, or the Department of
Transportation makes an administrative error or an error in judgment
that is the sole cause of an erroneous award, VA must reduce or
terminate the award effective the date of last payment.
(Authority: 38 U.S.C. 5112(b), 5113)
* * * * *
[FR Doc. 99-25010 Filed 9-24-99; 8:45 am]
BILLING CODE 8320-01-P
