[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Proposed Rules]
[Pages 21485-21487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10690]



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[[Page 21486]]

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AF74


Reservists Education; Commencing Date of Award of Educational 
Assistance

AGENCY: Department of Defense, Department of Transportation (Coast 
Guard), and Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Educational Assistance 
Regulations pertaining to the commencing dates of awards of educational 
assistance for members of the Selected Reserve. It is proposed to 
change these regulations to provide that all commencing dates for 
awards or increased awards of educational assistance be on or 
reasonably close to the date of the first day of class. The intended 
effect of the amendments is to make uniform the regulations governing 
the dates of commencement of awards of educational assistance under the 
Montgomery GI Bill--Selected Reserve both for reservists pursuing a 
college degree and for those enrolled in courses not leading to a 
college degree.

DATES: Comments must be received on or before July 3, 1995.

ADDRESSES: Mail written comments to: Director, Office of Regulations 
Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, 
NW, Washington, DC 20420, or hand deliver written comments to: Office 
of Regulations Management, Room 1176, 801 Eye Street, NW, Washington DC 
20001. Comments should indicate that they are in response to ``RIN 
2900-AF74.'' All written comments received will be available for public 
inspection in the Office of Regulations Management, Room 1176, 801 Eye 
Street, NW, Washington, DC 20001, between the hours of 8:00 a.m. and 
4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration, (202) 273-7187.

SUPPLEMENTARY INFORMATION: In accordance with statutory authorities, VA 
has established an educational assistance program for certain members 
of the Selected Reserve of the Ready Reserve for the purpose of 
encouraging membership in the Selected Reserve. The regulations 
established for this program are set forth at 38 CFR Subpart L, 
referred to below as the ``Educational Assistance Regulations.''
    The Educational Assistance Regulations set forth criteria for 
determining the commencing date of an award or increased award of 
educational assistance. The current regulations provide that, with 
respect to reservists enrolled in a resident course or subject leading 
to a college degree, the commencing date generally is the date of 
registration or reporting, whichever is first. It is proposed to change 
these regulations, as set forth in the text portion of this document, 
to provide that all commencing dates for awards or increased awards of 
educational assistance be on or reasonably close to the date of the 
first day of class. It is also proposed to impose such requirements for 
all other reservists pursuing educational programs: i.e., those taking 
a course offered by independent study or correspondence. This proposal 
is consistent with the recommendation of the Commission to Assess 
Veterans' Education Policy and will help ensure that educational 
assistance is paid only for times close to or during the period of 
pursuit of the reservists' program of education.
    The Secretary of Veterans Affairs, the Secretary of Defense and the 
Commandant of the Coast Guard have certified that this proposed rule, 
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, 5 U.S.C. 601-612. The proposed rule would 
not directly affect any small entities. Only VA beneficiaries could be 
directly affected. Therefore, pursuant to 5 U.S.C. 605(b), the amended 
regulation is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.
    This proposed rule has been reviewed by the Office of Management 
and Budget pursuant to Executive Order 12866.
    There is no Catalog of Federal Domestic Assistance number for the 
program affected by this proposed rule.

List of Subjects in 38 CFR Part 21

    Civil rights, Claims, Education, Grant programs--education, Loan 
programs--education, Reporting and recordkeeping requirements, Schools, 
Veterans, Vocational education, Vocational rehabilitation.

    Approved: April 11, 1995.
Jesse Brown,
Secretary of Veterans Affairs.

    Approved: April 21, 1995.
Wayne W. Spruell,
Acting Deputy Assistant Secretary, Reserve Affairs (Manpower and 
Personnel), Department of Defense.

    Approved: April 24, 1995.
R.M. Larrabee,
Chief, Office of Readiness and Reserve, Coast Guard, Department of 
Transportation.

    For the reasons set out in the preamble, 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).

    2. In Sec. 21.7631, paragraphs (b) and (c) and their authority 
citations are revised to read as follows:


Sec. 21.7631  Commencing dates.

* * * * *
    (b) Certification by school--the course or subject leads to a 
standard college degree. (1) When a student enrolls in a course offered 
by independent study, the commencing date of the award or increased 
award of educational assistance will be the date the student began 
pursuit of the course according to the regularly established practices 
of the educational institution.
    (2) When a student enrolls in a resident course or subject, the 
commencing date of the award will be the date of reporting provided 
that--
    (i) The published standards of the school require the student to 
register before reporting,
    (ii) The published standards of the school require the student to 
report no more than 14 days before the first scheduled date of classes 
for the term, quarter or semester for which the student has registered, 
and
    (iii) The first scheduled class for the course or subject in which 
the student is enrolled begins during the calendar week when, according 
to the school's academic calendar, classes are generally scheduled to 
commence for the term.
    (3) When a student enrolls in a resident course or subject whose 
first scheduled class begins after the calendar week when, according to 
the school's academic calendar, classes are scheduled to commence for 
the term, quarter, or semester, the commencing [[Page 21487]] date of 
the award or increased award of educational assistance allowance will 
be the actual date of the first class scheduled for the particular 
course or subject.
    (4) When a student enrolls in a resident course or subject and 
neither the provisions of paragraph (b)(2) nor (b)(3) of this section 
apply to the enrollment, the commencing date of the award or increased 
award of educational assistance will be the first scheduled date of 
classes for the term, quarter or semester in which the student is 
enrolled.

(Authority: 10 U.S.C. 16136(b))

    (c) Certification by educational institution or training 
establishment--course does not lead to a standard college degree. (1) 
When a reservist enrolls in a course which does not lead to a standard 
college degree and which is offered in residence, the commencing date 
of the award of educational assistance will be as stated in paragraph 
(b) of this section.
    (2) When a reservist enrolls in a course which is offered by 
correspondence, the commencing date of the award of educational 
assistance shall be the later of--
    (i) The date the first lesson was sent, or
    (ii) The date of affirmance.
    (3) When a reservist enrolls in a program of apprenticeship or 
other on-job training, the commencing date of the award of educational 
assistance shall be the first date of employment in the training 
position.

(Authority: 10 U.S.C. 16136(b))
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[FR Doc. 95-10690 Filed 5-1-95; 8:45 am]
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