[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Rules and Regulations]
[Pages 14037-14039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7648]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI58


Veterans Education: Reduction in Required Reports

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and 
educational benefits regulations of the Department of Veterans Affairs 
(VA). It changes the nature of the information to be reported by 
veterans and servicemembers receiving educational assistance under the 
Montgomery GI Bill--Active Duty program and the number of reports 
required of educational institutions in which these veterans and 
servicemembers are enrolled. These changes will streamline the 
operation of this program, and reduce the information collection burden 
for this program, while maintaining the program's integrity.

DATES: Effective Date: April 23, 1998.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education 
Advisor, Education Service, Veterans Benefits Administration, 202-273-
7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on September 18, 1997 (62 FR 48969), VA proposed to amend the 
``All Volunteer Force Educational Assistance Program (Montgomery GI 
Bill--Active Duty)'' regulations set forth at 38 CFR part 21, subpart 
K. We proposed to reduce the number of reports required of a veteran 
pursuing a program of education under the Montgomery GI Bill--Active 
Duty (MGIB), and also to reduce the number of reports that an 
educational institution has to make to VA if it has veterans enrolled 
under the MGIB. In summary, a veteran would no longer have to submit a 
monthly verification of pursuit of a program of education if he or she 
either received an advance payment covering that month or received a 
lump sum payment for that month. In addition, neither the veteran nor 
the educational institution would have to report to VA if the veteran 
is enrolled as a full-time student for a standard term, and either 
increases or decreases the number of credit hours being pursued without 
changing his or her full-time student status.
    Interested persons were given 60 days to submit comments. No 
comments were received. Based on the rationale set forth in the 
proposed rule, we are adopting the provisions of the proposed rule as a 
final rule.

Paperwork Reduction Act of 1995

    Information collection and recordkeeping requirements associated 
with this final rule concerning requirements that in certain instances 
a veteran pursuing a program of education under the MGIB must verify 
pursuit monthly, in 38 CFR 21.7154 and 21.7156(a), have been approved 
by the Office of Management and Budget (OMB) under the provisions of 
the Paperwork Reduction Act (44 U.S.C. 3501-3520) and have been 
assigned OMB control number 2900-0465.
    Furthermore, information collection and recordkeeping requirements 
associated with this final rule concerning requirements for reporting 
changes in enrollment, which require that in most instances both 
veterans and educational institutions must report to VA without delay 
interruptions, terminations, or changes in hours of credit or 
attendance, in 38 CFR 21.7156(b), have been approved by OMB under the 
provisions of the Paperwork Reduction Act and have been assigned OMB 
control number 2900-0156.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a

[[Page 14038]]

person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number. The valid OMB 
control number assigned to each collection of information in this final 
rule is displayed at the end of each affected section of the 
regulations.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies 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 will have only 
minuscule effects on the activity of any educational institution. 
Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is exempt from 
the initial and final regulatory flexibility analyses requirements of 
Secs. 603 and 604.
    The Catalog of Federal Domestic Assistance number for the program 
affected by this final rule is 64.124.

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, 
Vocational education, Vocational rehabilitation.

    Approved: March 17, 1998.
Togo D. West, Jr.,
Acting Secretary.

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

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart K--All Volunteer Force Educational Assistance Program 
(Montgomery GI Bill--Active Duty)

    1. The authority citation for part 21, subpart K continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise 
noted.

    2. In Sec. 21.7154, paragraphs (a) and (b) are redesignated as 
paragraphs (b) and (c), respectively; newly redesignated paragraph 
(b)(2)(i) is amended by removing ``payment,'' and adding, in its place, 
``payment;''; newly redesignated paragraph (b)(2)(ii) is amended by 
removing ``period, and'' and adding, in its place, ``period; and''; 
paragraph (a) is added, a parenthetical at the end of the section is 
added, and the introductory text for the section, the paragraph heading 
for newly redesignated paragraph (b), and newly redesignated paragraph 
(b)(1) are revised, to read as follows:


Sec. 21.7154  Pursuit and absences.

    Except as provided in this section, an individual must submit a 
verification to VA each month of his or her enrollment during the 
period for which the individual is to be paid. This verification shall 
be in a form prescribed by the Secretary.
    (a) Exceptions to the monthly verification requirement. An 
individual does not have to submit a monthly verification as described 
in the introductory text of this section when the individual--
    (1) Is enrolled in a correspondence course;
    (2) Has received a lump-sum payment for the training completed 
during a month; or
    (3) Has received an advance payment for the training completed 
during a month.

(Authority: 38 U.S.C. 3034, 3684)

    (b) Items to be reported on all monthly verifications. (1) The 
monthly verification for all veterans and servicemembers will include a 
report on the following items when applicable:
    (i) Continued enrollment in and actual pursuit of the course;
    (ii) The individual's unsatisfactory conduct, progress, or 
attendance;
    (iii) The date of interruption or termination of training;
    (iv) Changes in the number of credit hours or in the number of 
clock hours of attendance other than those described in 
Sec. 21.7156(a);
    (v) Nonpunitive grades; and
    (vi) Any other changes or modifications in the course as certified 
at enrollment.
* * * * *
(The information collection requirements in this section have been 
approved by the Office of Management and Budget under control number 
2900-0465.)

    3. In Sec. 21.7156, the introductory text and paragraph (a) 
introductory text are removed; paragraphs (a)(1), (a)(2), (a)(3), (b), 
and (c) are redesignated as paragraphs (b)(3), (b)(4), (b)(5), (c), and 
(d), respectively; newly redesignated paragraph (c)(2) is amended by 
removing ``(b)(1)'' and adding, in its place, ``(c)(1)''; and the 
section heading is revised, paragraphs (a), (b)(1), and (b)(2) are 
added, a parenthetical at the end of the section is added, and newly 
redesignated paragraph (b)(3) is revised, to read as follows:


Sec. 21.7156  Other required reports.

    (a) Reports from veterans and servicemembers. (1) A veteran or 
servicemember enrolled full time in a program of education for a 
standard term, quarter, or semester must report without delay to VA:
    (i) A change in his or her credit hours or clock hours of 
attendance if that change would result in less than full-time 
enrollment;
    (ii) Any change in his or her pursuit that would result in less 
than full-time enrollment; and
    (iii) Any interruption or termination of his or her attendance.
    (2) A veteran or servicemember not described in paragraph (a)(1) of 
this section must report without delay to VA:
    (i) Any change in his or her credit hours or clock hours of 
attendance;
    (ii) Any change in his or her pursuit; and
    (iii) Any interruption or termination of his or her attendance.

(Authority: 38 U.S.C. 3680(g))

    (b) Interruptions, terminations, or changes in hours of credit or 
attendance. (1) Except as provided in paragraph (b)(2) of this section, 
an educational institution must report without delay to VA each time a 
veteran or servicemember:
    (i) Interrupts or terminates his or her training for any reason; or
    (ii) Changes his or her credit hours or clock hours of attendance.
    (2) An educational institution does not need to report a change in 
a veteran's or servicemember's hours of credit or attendance when:
    (i) The veteran or servicemember is enrolled full time in a program 
of education for a standard term, quarter, or semester before the 
change;
    (ii) The veteran or servicemember continues to be enrolled full 
time after the change; and
    (iii) The tuition and fees charged to the servicemember have not 
been adjusted as a result of the change.

(Authority: 38 U.S.C. 3034, 3684)

    (3) If the change in status or change in number of credit hours or 
clock hours of attendance occurs on a day other than one indicated by 
paragraph (b)(4) or (b)(5) of this section, the educational institution 
will initiate a report of the change in time for VA to receive it 
within 30 days of the date on which the change occurs.
* * * * *
(The information collection requirements in paragraphs (a) and (b) 
of this section have

[[Page 14039]]

been approved by the Office of Management and Budget under control 
numbers 2900-0465 and 2900-0156, respectively.)

[FR Doc. 98-7648 Filed 3-23-98; 8:45 am]
BILLING CODE 8320-01-P