[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Rules and Regulations]
[Pages 38576-38577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18379]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ39


Veterans Education: Effective Date for Reducing Educational 
Assistance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
regulations pertaining to the effective dates of reductions or 
discontinuances of monthly payments of educational assistance under the 
Montgomery GI Bill--Active Duty. Pursuant to statutory authorization, 
VA requires veterans or servicemembers to certify their continued 
pursuit of a program of education before they may receive such monthly 
payments. VA further provides for reductions in the rates of 
educational assistance in the event the veteran or servicemember 
reduces the rate of training by withdrawing from part of a course. By 
statute, the effective date of an adjustment of benefits made on the 
basis of a monthly certification by a veteran or person is the date of 
the change. This document revises the regulations to reflect the 
statutory effective date.

DATES: Effective Date: July 19, 1999.


[[Page 38577]]


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

SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. 3680(g) allow VA 
to require eligible veterans and eligible persons to certify their 
continued pursuit of a program of education before they may receive 
their monthly payment of educational assistance.
    VA requires such certification by regulation for individuals 
receiving educational assistance under the Montgomery GI Bill--Active 
Duty (MGIB) (38 CFR 21.7154). Further, VA regulations provide for 
reduction of educational benefits where a veteran or servicemember 
withdraws from part of a course (38 CFR 21.7135(f)). By statute, any 
adjustment of benefits made on the basis of certification is effective 
as of the date of the occurrence (38 U.S.C. 5113(b)).
    Previously, 38 CFR 21.7135(f)(1) provided that the effective date 
for reduction of a veteran's or servicemember's educational assistance 
was the earlier of the end of the month or the end of the term in which 
the withdrawal from part of a course occurred. The regulations are now 
revised to reflect the statutory requirement that the date of change is 
the effective date.
    Nonsubstantive changes also are made for the purpose of clarity.
    Substantive changes made by this final rule merely reflect 
statutory requirements. 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 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 and does not directly affect small 
entities. This final rule directly affects only individuals. 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.
    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 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: March 22, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    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. 21.7135, paragraph (f)(1) introductory text and the 
authority citations for paragraphs (f)(2) and (f)(3) are revised to 
read as follows:


Sec. 21.7135  Discontinuance dates.

* * * * *
    (f) * * *
    (1) If the reduction in the rate of training occurs other than on 
the first date of the term, VA will reduce the veteran's or 
servicemember's educational assistance effective the date on which the 
withdrawal occurs when either:
* * * * *
    (2) * * *

(Authority: 38 U.S.C. 3680(a))
    (3) * * *

(Authority: 38 U.S.C. 3034, 3680(a), 5113(b))
* * * * *
[FR Doc. 99-18379 Filed 7-16-99; 8:45 am]
BILLING CODE 8320-01-P