[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46533-46535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22004]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AG98
Veterans Education: Increases in Rates Payable in the Educational
Assistance Test Program
AGENCY: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The law provides that rates of subsistence allowance and
educational assistance payable under the Educational Assistance Test
Program shall be adjusted annually by the Secretary of Defense based
upon the average actual cost of attendance at public institutions of
higher education in the twelve-month period since the rates were last
adjusted. After consultation with the Department of Education, the
Department of Defense has concluded that the rates for the 1991-92
academic year should be increased by 6% over the rates payable for the
1990-91 academic year; the rates for the 1992-93 academic year should
be increased by 8% over the rates payable for the 1991-92 academic
year; the rates for the 1993-94 academic year should be increased by 7%
over the rates payable for the 1992-93 academic year; and the rates for
the 1994-95 academic year should be increased by 8% over the rates
payable for the 1993-94 academic year. The regulations dealing with
these rates are amended accordingly.
EFFECTIVE DATE: September 7, 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: The law (10 U.S.C. 2145) provides that the
Secretary of Defense shall adjust the amount of educational assistance
which may be provided in any academic year under the Educational
Assistance Test Program, and the amount of subsistence allowance
authorized under that program. The adjustment is to be based upon the
twelve-month increase in the average actual cost of attendance at
public institutions of higher education. As required by law, the
Department of Defense has consulted with the Department of Education.
The Department of Defense has concluded that these costs increased by
6% in the 1990-91 academic year, by 8% in the 1991-92 academic year, by
7% in the 1992-93 academic year, and by 8% in the 1993-94 academic
year. Accordingly, this revision changes 38 CFR 21.5820 and 21.5822 to
reflect each increase in the rates payable in the subsequent academic
year.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553 there is good cause for finding that
notice and public procedure are impractical, unnecessary, and contrary
to the public interest and there is good cause for dispensing with a 30
day delay of the effective date. The rates of subsistence allowance and
educational assistance payable under the Educational Assistance Test
program are determined based on a statutory formula and, in essence,
the calculation of rates merely constitute a non discretionary
ministerial act.
The Secretary of Veterans Affairs and the Secretary of Defense have
certified that these amended regulations, if promulgated, will not have
a significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (RFA), 5 U.S.C.
601-612. Pursuant to the 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.
This certification can be made because the amended regulations
directly affect only individuals. They will have no significant
economic impact on small entities, i.e., small businesses, small
private and nonprofit organizations and small governmental
jurisdictions.
There is no Catalog of Federal Domestic Assistance number for the
program affected by these regulations.
List of Subjects in 38 CFR Part 21
Civil rights, claims, Education, Grant programs-education, Loan
programs-education, Reporting and record keeping requirements, Schools,
Veterans, Vocational education, Vocational rehabilitation.
Approved: December 27, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: August 28, 1995.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary (Military Personnel
Policy), Department of Defense.
For the reasons set out in the preamble, 38 CFR part 21, subpart H
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart H--Educational Assistance Test Program
1. The authority citation for part 21, subpart H continues to read
as follows:
Authority: 10 U.S.C. Ch. 107, Pub. L. 96-342.
2. In Sec. 21.5820, paragraph (b) is revised to read as follows:
Sec. 21.5820 Educational assistance.
* * * * *
(b) Amount of educational assistance. (1) The amount of educational
assistance shall be adjusted annually by regulation.
(i) For the 1991-92 standard academic year the amount of this
assistance may not exceed $2,087.
(ii) For the 1992-93 standard academic year the amount of this
assistance may not exceed $2,254.
(iii) For the 1993-94 standard academic year the amount of this
assistance may not exceed $2,412.
(iv) For the 1994-95 standard academic year the amount of this
assistance may not exceed $2,605.
(2) The amount of educational assistance payable to a
servicemember, veteran, spouse or dependent child of a living
servicemember or veteran for an
[[Page 46534]]
enrollment period shall be the lesser of the following:
(i) The total charges for educational expenses the eligible
individual incurs during the enrollment period.
(ii) For the 1991-92 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $231.89 for a full-time student or by $115.94 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$7.73 for a full-time student or by $115.94 for a part-time student;
and
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be decreased by
1 cents for a full-time student and increased by 4 cents for a part-
time student.
(iii) For the 1992-93 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $250.44 for a full-time student or by $125.22 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$8.35 for a full-time student or by $4.17 for a part-time student; and
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be increased by
4 cents for a full-time student and increased by 2 cents for a part-
time student.
(iv) For the 1993-94 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $268.00 for a full-time student or by $134.00 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$8.93 for a full-time student or by $4.47 for a part-time student; and
(C) Adding the two results.
(v) For the 1994-95 standard academic year an amount determined by:
(A) Multiplying the number of whole months in the enrollment period
by $289.44 for a full-time student or by $144.72 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$9.65 for a full-time student or by $4.82 for a part-time student; and
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be increased by
4 cents for a full-time student and increased by 2 cents for a part-
time student.
(3) The amount of educational assistance payable to each surviving
spouse or dependent child of a decreased servicemember or veteran for
an enrollment period shall be the lesser of the following:
(i) The total charges for educational expenses the eligible
individual incurs during the enrollment period.
(ii) For the 1991-92 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $231.89 for a full-time student or by $115.94 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$7.73 for a full-time student or by $3.86 for a part-time student;
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be decreased by
1 cents for a full-time student and increased by 4 cents for a part-
time student; and
(D) Dividing the amount determined in paragraph (b)(3)(ii)(C) of
this section by the number of the deceased veteran's dependents
receiving educational assistance for that enrollment period. If one or
more dependents is receiving educational assistance for part of the
enrollment period, the amount calculated in paragraph (b)(3)(ii)(C) of
this section will be prorated on a daily basis. The amount for each day
when more than one dependent is receiving educational assistance will
be divided by the number of dependents receiving educational assistance
on that day. The total amount for the days when only one dependent is
receiving educational assistance will not be divided.
(iii) For the 1992-93 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $250.44 for full-time student or by $125.22 for a part-time student;
(B) Multiplying any additional days in the enrollment period by
$8.35 for a full-time student or by $4.17 for a part-time student;
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be increased by
4 cents for a full-time student and increased by 2 cents for a part-
time student; and
(D) Dividing the amount determined in paragraph (b)(3)(iii)(C) of
this section by the number of the deceased veteran's dependents
receiving educational assistance for that enrollment period. If one or
more dependents is receiving educational assistance for part of the
enrollment period, the amount calculated in paragraph (b)(3)(iii)(C) of
this section will be prorated on a daily basis. The amount for each day
when more than one dependent is receiving educational assistance will
be divided by the number of dependents receiving educational assistance
on that day. The total amount for the days when only one dependent is
receiving educational assistance will not be divided.
(iv) For the 1993-94 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $268.00 for a full-time student or by $134.00 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$8.93 for a full-time student or by $4.47 for a part-time student;
(C) Adding the two results; and
(D) Dividing the amount determined in paragraph (b)(3)(iv)(C) of
this section by the number of the deceased veteran's dependents
receiving educational assistance for that enrollment period. If one or
more dependents is receiving educational assistance for part of the
enrollment period, the amount calculated in paragraph (b)(3)(iv)(C) of
this section will be prorated on a daily basis. The amount for each day
when more than one dependent is receiving educational assistance will
be divided by the number of dependents receiving educational assistance
on that day. The total amount for the days when only one dependent is
receiving educational assistance will not be divided.
(v) For the 1994-95 standard academic year an amount determined by:
(A) Multiplying the number of whole months in the enrollment period
by $289.44 for a full-time student or by $144.72 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$9.65 for a full-time student or by $4.82 for a part-time student;
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be increased by
4 cents for a full-time student and increased by 2 cents for a part-
time student; and
(D) Dividing the amount determined in paragraph (b)(3)(v)(C) of
this section by the number of the deceased veteran's dependents
receiving educational assistance for that enrollment period. If one or
more dependents is receiving educational assistance for part of the
enrollment period, the amount calculated in paragraph (b)(3)(v)(C) of
this section will be prorated on a daily basis. The amount for each day
when more than one dependent is receiving educational assistance will
be divided by the number of dependents receiving
[[Page 46535]]
educational assistance on that day. The total amount for the days when
only one dependent is receiving educational assistance will be divided.
* * * * *
3. In Sec. 21.5822, paragraphs (b)(1)(i), (b)(1)(ii), (b)(2)(i),
and (b)(2)(ii) are revised, to read as follows:
Sec. 21.5822 Subsistence allowance.
* * * * *
(b) Amount of subsistence allowance. (1) * * *
(i) If a person is pursuing a course of instruction on a full-time
basis, his or her subsistence allowance is:
(A) $520 per month for training pursued during the 1991-92 academic
year;
(B) $562 per month for training pursued during the 1992-93 academic
year;
(C) $601 per month for training pursued during the 1993-94 academic
year; and
(D) $649 per month for training pursued during the 1994-95 academic
year.
(ii) If a person is pursuing a course of instruction on other than
a full-time basis, his or her subsistence allowance is:
(A) $260 per month for training pursued during the 1991-92 academic
year;
(B) $281 per month for training pursued during the 1992-93 academic
year;
(C) $300.50 per month for training pursued during the 1993-94
academic year; and
(D) $324.50 per month for training pursued during the 1994-95
academic year.
* * * * *
(2) * * *
(i) VA shall determine the monthly rate of subsistence allowance
payable to a person for a day during which he or she is pursuing a
course of instruction full-time as follows:
(A) For the 1991-92 academic year VA will divide $520 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day;
(B) For the 1992-93 academic year VA will divide $562 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day;
(C) For the 1993-94 academic year VA will divide $601 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day; and
(D) For the 1994-95 academic year VA will divide $649 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day.
(ii) VA shall determine the monthly rate of subsistence allowance
payable to a person for a day during which he or she is pursuing a
course of instruction on other than full-time basis as follows:
(A) For the 1991-92 academic year VA will divide $281 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day;
(B) For the 1992-93 academic year VA will divide $281 per month by
the number of the deceased veteran's dependents pursuing a course of
instruction on that day;
(C) For the 1993-94 academic year VA will divide $300.50 per month
by the number of the deceased veteran's dependents pursuing a course of
instruction on that day; and
(D) For the 1994-95 academic year VA will divide $324.50 per month
by the number of the deceased veteran's dependents pursuing a course of
instruction on that day.
* * * * *
[FR Doc. 95-22004 Filed 9-6-95; 8:45 am]
BILLING CODE 8320-01-P
