[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Rules and Regulations]
[Pages 34131-34132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16601]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR PART 21

RIN 2900-AI88


Veterans' Education: Effective Date for Awards of Educational 
Assistance to Veterans Who Were Voluntarily Discharged

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational-assistance and 
educational-benefit regulations of the Department of Veterans Affairs 
(VA). It establishes effective dates of awards of educational 
assistance to certain voluntarily discharged veterans who are eligible 
for the Montgomery GI Bill--Active Duty (MGIB). The effective dates 
correspond with a statutory mandate for the effective dates. The final 
rule also clarifies that these veterans may not receive educational 
assistance for training that occurs before they pay the Federal 
government $1,200.

DATES: Effective Date: July 23, 1998.
    Applicability Dates: The effective dates are retroactive from the 
effective dates of the statutory provisions.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education 
Advisor, Education Service (225C), Veterans Benefits Administration, 
Department of Veterans Affairs, (202) 273-7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on December 18, 1997 (62 FR 66320), VA proposed to amend the 
``All Volunteer Force Educational Assistance Program (Montgomery GI 
Bill--Active Duty)'' regulations as set forth in the SUMMARY portion of 
this document.
    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

[[Page 34132]]

adopting the provisions of the proposed rule as a final rule.
    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 directly affects 
only individuals and does not directly affect small entities. 
Therefore, pursuant to 5 U.S.C. 605(b), this final rule 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, Educational institutions, Employment, Grant 
programs--education, Grant programs--veterans, Health care, Loan 
programs--education, Loan programs--veterans, Manpower training 
programs, Reporting and recordkeeping requirements, Travel and 
transportation expenses, Veterans, Vocational education, Vocational 
rehabilitation.

    Approved: May 8, 1998.
Togo D. West, Jr.,
Secretary.

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

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 and 36, unless otherwise 
noted.

    2. In Sec. 21.7131, paragraphs (l) and (m) are reserved, and 
paragraph (n) is added to read as follows:


Sec. 21.7131  Commencing dates.

* * * * *
    (n) Eligibility established under Sec. 21.7045(c). The effective 
date of an award of educational assistance when the veteran has 
established eligibility under Sec. 21.7045(c) is as follows:
    (1) If the veteran is not entitled to receive educational 
assistance under 38 U.S.C. ch. 32 on the date he or she made a valid 
election to receive educational assistance under 38 U.S.C. ch. 30, the 
effective date of the award of educational assistance will be the 
latest of the following.
    (i) The commencing date as determined by paragraphs (a) through (c) 
and (f) through (j) of this section; or
    (ii) October 23, 1992, provided that VA received the $1,200 
required to be collected pursuant to Sec. 21.7045(c)(2) and any other 
evidence necessary to establish that the election is valid before the 
later of:
    (A) October 23, 1993; or
    (B) One year from the date VA requested the $1,200 or the evidence 
necessary to establish a valid election; or
    (iii) The date VA received the $1,200 required to be collected 
pursuant to Sec. 21.7045(c)(2) and all other evidence needed to 
establish that the election is valid, if the provisions of paragraph 
(n)(1)(ii) of this section are not met.
    (2) If the veteran is entitled to receive educational assistance 
under 38 U.S.C. ch. 32 on the date he or she made a valid election to 
receive educational assistance under 38 U.S.C. ch. 30, the effective 
date of the award of educational assistance will be the latest of the 
following:
    (i) The commencing date as determined by paragraphs (a) through (c) 
and (f) through (j) of this section; or
    (ii) The date on which the veteran made a valid election to receive 
educational assistance under 38 U.S.C. chapter 30 provided that VA 
received the $1,200 required to be collected pursuant to 
Sec. 21.7045(c)(2) and any other evidence necessary to establish that 
the election is valid before the later of:
    (A) One year from the date VA received the valid election; or
    (B) One year from the date VA requested the $1,200 or the evidence 
necessary to establish a valid election; or
    (iii) The date VA received the $1,200 required to be collected 
pursuant to Sec. 21.7045(c)(2) and all other evidence needed to 
establish that the election is valid, if the provisions of paragraph 
(n)(2)(ii) of this section are not met.

(Authority 38 U.S.C. 3018B)

[FR Doc. 98-16601 Filed 6-22-98; 8:45 am]
BILLING CODE 8320-01-P