[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10454-10455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5579]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI53


Veterans Education: Increased Allowances for the Educational 
Assistance Test Program

AGENCIES: Department of Defense and Department of Veterans Affairs.

ACTION: Final rule.

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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 12-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 1996-97 
academic year should be increased by 6% over the rates payable for the 
1995-96 academic year. The regulations dealing with these rates are 
amended accordingly.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Avenue, NW, Washington, DC 20420, 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 
12-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 1995-
96 academic year. Accordingly, this revision changes 38 CFR 21.5820 and 
21.5822 to reflect a 6% increase in the rates payable in the 1996-97 
academic year.
    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 constitutes a non-
discretionary ministerial act.
    The Secretary of Veterans Affairs and the Secretary of Defense 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. This final rule 
directly affects only individuals and does not directly affect small 
entities. 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.
    There is no Catalog of Federal Domestic Assistance number for the 
program affected by these regulations.

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, Loan programs-education, Loan programs-veterans, 
Manpower training programs, Reporting and recordkeeping requirements, 
Schools, Travel and transportation expenses, Veterans, Vocational 
education, Vocational rehabilitation.

    Approved: December 18, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
    Approved: February 14, 1997.
Normand G. Lezy,
Lieutenant General, USAF, Deputy Assistant Secretary (Military 
Personnel Policy) Department of Defense.

    For the reasons set out above, 38 CFR part 21 (subpart H) is 
amended as set forth below.

[[Page 10455]]

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; 38 U.S.C. 501(a), 3695, 
5101,5113,5303A; 42 U.S.C. 2000; Sec. 901, Pub. L. 96-342 94 stat. 
1111-1114.


Sec. 21.5820   [Amended]

    2. In Sec. 21.5820, paragraph (b)(1) is amended by removing ``1995-
96'' and adding, in its place, ``1996-97'', and by removing ``$2,761'' 
and adding, in its place, ``$2,927''; paragraph (b)(2)(ii) introductory 
text is amended by removing ``1995-96'' and adding, in its place, 
``1996-97''; paragraph (b)(2)(ii)(A) is amended by removing ``$306.78'' 
and adding, in its place, ``$325.22'', and by removing ``$153.39'' and 
adding, in its place, ``$162.61''; paragraph (b)(2)(ii)(B) is amended 
by removing ``$10.23'' and adding, in its place, ``$10.84'', and by 
removing ``$5.11'', and adding, in its place, ``$5.42''; paragraph 
(b)(2)(ii)(C) is amended by removing ``decreased'' both times it 
appears and adding, in its place, ``increased''; paragraph (b)(3)(ii) 
introductory text is amended by removing ``1995-96'' and adding, in its 
place, ``1996-97''; paragraph (b)(3)(ii)(A) is amended by removing 
``$306.78'' and adding, in its place, ``$325.22'', and by removing 
``$153.39'' and adding, in its place, ``$162.61''; paragraph 
(b)(3)(ii)(B) is amended by removing ``$10.23'' and adding, in its 
place ``$10.84'', and by removing ``$5.11'' and adding, in its place, 
``$5.42''; and paragraph (b)(3)(ii)(C) is amended by removing 
``decreased'' both times it appears and adding, in its place, 
``increased''.


Sec. 21.5822   [Amended]

    3. In Sec. 21.5822, paragraph (b)(1)(i) is amended by removing 
``$688'' and adding, in its place, ``$729'', and by removing ``1995-
96'' and adding, in its place, ``1996-97''; paragraph (b)(1)(ii) is 
amended by removing ``$344'' and adding, in its place, ``$364.50'', and 
by removing ``1995-96'' and adding, in its place, ``1996-97''; 
paragraph (b)(2)(i) is amended by removing ``1995-96'' and adding, in 
its place, ``1996-97'', and by removing ``$688'' and adding, in its 
place, ``$729''; and paragraph (b)(2)(ii) is amended by removing 
``1995-96'' and adding, in its place, ``1996-97'', and by removing 
``$344'', and adding, in its place, ``$364.50''.
[FR Doc. 97-5579 Filed 3-6-97; 8:45 am]
BILLING CODE 8320-01-P