[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66277-66278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32988]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI89
Reservists' Education: Increase in Rates Payable Under the
Montgomery GI Bill--Selected Reserve
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: By statute, the monthly rates of basic educational assistance
payable to reservists under the Montgomery GI Bill--Selected Reserve
must be adjusted each fiscal year. In accordance with the statutory
formula, the regulations governing rates of basic educational
assistance payable under the Montgomery GI Bill--Selected Reserve for
fiscal year 1998 (October 1, 1997, through September 30, 1998) are
changed to show a 2.8% increase in these rates.
DATES: This final rule is effective December 18, 1997. However, the
changes in rates are applied retroactively to conform to statutory
requirements. For more information concerning the dates of application,
see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs (202) 273-7187.
SUPPLEMENTARY INFORMATION: Under the formula mandated by 10 U.S.C.
16131(b) for fiscal year 1998, the rates of basic educational
assistance under the Montgomery GI Bill--Selected Reserve payable to
students pursuing a program of education full time, three-quarter time,
and half time must be increased by 2.8%, which is the percentage by
which the total of the monthly Consumer Price Index-W for July 1, 1996,
through June 30, 1997, exceeds the total of the monthly Consumer Price
Index-W for July 1, 1995, through June 30, 1996.
10 U.S.C. 16131(b) requires that full-time, three-quarter time, and
half-time rates be increased as noted above. In addition, 10 U.S.C.
16131(d) requires that monthly rates payable to reservists in
apprenticeship or other on-the-job training must be set at a given
percentage of the full-time rate. Hence, there is a 2.8% raise for such
training as well.
10 U.S.C. 16131(b) also requires that the Department of Veterans
Affairs (VA) pay reservists training less than half time at an
appropriately reduced rate. Since payment for less than half-time
training became available under the Montgomery GI Bill--Selected
Reserve in fiscal year 1990, VA has paid less than half-time students
at 25% of the full-time rate. Changes are made consistent with the
authority and formula described in this paragraph.
Nonsubstantive changes also are made for the purpose of clarity.
The changes set forth in this final rule are effective from the
date of publication, but the changes in rates are applied retroactively
from October 1, 1997 in accordance with the applicable statutory
provisions discussed above.
Substantive changes made by this final rule merely reflect
statutory requirements and adjustments made based on previously
established formulas. Accordingly, there is a basis for dispensing with
prior notice and comment and delayed effective date provisions of 5
U.S.C. 552 and 553.
The Secretary of Defense, the Commandant of the Coast Guard, and
the Acting Secretary of Veterans Affairs hereby certify 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 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 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: October 17, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
Approved: November 7, 1997.
Al H. Bemis,
Deputy Assistant Secretary for Defense for Reserve Affairs (Manpower
and Personnel).
Approved: Novmeber 25, 1997.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human
Resources.
For the reasons set out above, 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, continues to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), ch. 36, unless
otherwise noted.
[[Page 66278]]
2. In 21.7636, paragraphs (a)(1), (a)(2)(i), and (a)(3) are revised
to read as follows:
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section or in Sec. 21.7639, the monthly rate of
educational assistance payable to a reservist is the amount stated in
this table:
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Training time
Period of pursuit of training ---------------------------------------------------
Full-time \3/4\ time \1/2\ time \1/4\ time
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Oct. 1, 1996-Sept. 30, 1997................................. $203.24 $152.43 $101.62 $50.81
On or after Oct. 1, 1997.................................... 208.93 156.70 104.47 52.23
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(2) * * *
(i)
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Monthly rate
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Training period Oct. 1, On or after
1996--Sept. Oct. 1,
30, 1997 1997
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First six months of pursuit of training....... $152.43 $156.70
Second six months of pursuit of training...... 111.78 114.91
Remaining pursuit of training................. 71.13 73.13
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* * * * *
(3) The monthly rate of educational assistance payable to a
reservist for pursuit of a cooperative course during the period
beginning on October 9, 1996, and ending on September 30, 1997, is
$203.24. The monthly rate of educational assistance payable to a
reservist for pursuit of a cooperative course on or after October 1,
1997, will be the rate stated in paragraph (a)(1) of this section.
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[FR Doc. 97-32988 Filed 12-17-97; 8:45 am]
BILLING CODE 8320-01-P