[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Pages 11310-11311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6497]



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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

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

ACTION: Final rule.

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SUMMARY: This document amends the Educational Assistance Regulations 
pertaining to the commencing dates of awards of educational assistance 
for members of the Selected Reserve. These regulations are changed 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.

EFFECTIVE DATE: April 19, 1996.

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 a document published in the Federal 
Register on May 2, 1995 (60 FR 21486), the Department of Defense, the 
Department of Transportation (Coast Guard), and the Department of 
Veterans Affairs (VA) proposed to amend the ``Educational Assistance 
for Members of the Selected Reserve'' regulations (38 CFR Part 21, 
Subpart L). Interested persons were given 62 days to submit comments. 
No comments were received. Based on the rationale set forth in the 
proposal and in this document, the Department of Defense, the 
Department of Transportation, and the Department of Veterans Affairs 
are adopting the proposal as a final rule with nonsubstantive changes.
    The Secretary of Veterans Affairs, the Secretary of Defense, and 
the Commandant of the Coast Guard have certified 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. The final rule will 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 amended regulation 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 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 care, Loan programs--education, Loan 
programs--veterans, Manpower training programs, Reporting and 
recordkeeping requirements, Schools, Travel and transportation 
expenses, Veterans,

[[Page 11311]]

Vocational education, Vocational rehabilitation.

    Approved: November 20, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
Deborah R. Lee,
Assistant Secretary of Defense for Reserve Affairs.
Richard M. Larrabee,
Rear Admiral, U.S. Coast Guard, Office of Readiness and Reserve.

    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), unless 
otherwise noted.

    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 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 in accordance with 38 U.S.C. 3686.
    (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))
* * * * *

[FR Doc. 96-6497 Filed 3-19-96; 8:45 am]
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