[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44660-44661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21248]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ40


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 twelve-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 1998-99 
academic year should be increased by 5% over the rates payable for the 
1997-98 academic year. The regulations dealing with these rates are 
amended accordingly.

DATES: This rule is effective August 17, 1999.

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

SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the 
Secretary of Defense shall adjust the

[[Page 44661]]

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 twelve-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 5% in the 1997-98 academic year. Accordingly, this final 
rule changes 38 CFR 21.5820 and 21.5822 to reflect a 5% increase in the 
rates payable in the 1998-99 academic year. These changes to 
Sec. 21.5820 include removing provisions for adjustments to compensate 
for rounding, which were not applicable because this year the resulting 
numerical values did not involve rounding. Other nonsubstantive changes 
are made for the purpose of clarification.

Administrative Procedure Act

    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 other changes made by this document 
are merely nonsubstantive changes for the purpose of clarification.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs and the Secretary of Defense 
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. 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: March 10, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    Approved: May 19, 1999.
Curtis B. Taylor,
Colonel U.S. Army, Principal Director, (Military Personnel Policy), 
Department of Defense.

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

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart H--Educational Assistance Test Program

    1. The authority citation for part 21, subpart H, is revised 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, unless otherwise noted.

    2. In Sec. 21.5820, paragraph (b)(1) is amended by removing ``1997-
98'' and adding, in its place, ``1998-99'' and by removing ``$3,103'' 
and adding, in its place, ``$3,258''; paragraph (b)(2)(ii) introductory 
text is amended by removing ``1997-98'' and adding, in its place, 
``1998-99''; paragraph (b)(2)(ii)(A) is amended by removing ``$344.78'' 
and adding, in its place, ``$362'' and by removing ``$172.39'' and 
adding, in its place, ``$181''; paragraph (b)(2)(ii)(B) is amended by 
removing ``$11.49'' and adding, in its place, ``$12.07'' and by 
removing ``$5.75'' and adding, in its place, ``$6.03''; paragraph 
(b)(3)(ii) introductory text is amended by removing ``1997-98'' and 
adding, in its place, ``1998-99''; paragraph (b)(3)(ii)(A) is amended 
by removing ``$344.78'' and adding, in its place, ``$362'' and by 
removing ``$172.39'' and adding, in its place, ``$181''; paragraph 
(b)(3)(ii)(B) is amended by removing ``$11.49'' and adding, in its 
place, ``$12.07'' and by removing ``$5.75'' and adding, in its place, 
``$6.03''; and paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C) are revised 
to read as follows:


Sec. 21.5820  Educational assistance.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (C) Adding the two results.
    (3) * * *
    (ii) * * *
    (C) Adding the two results; and
* * * * *


Sec. 21.5822  [Amended]

    3. In Sec. 21.5822, paragraph (a) introductory text is amended by 
removing ``payable to'' and adding, in its place, ``payable to''; 
paragraph (b)(1)(i) is amended by removing ``$773'' and adding, in its 
place, ``$812'', by removing ``1997-98'' and adding, in its place, 
``1998-99'', and by removing ``year,'' and adding, in its place; 
``year.''; paragraph (b)(1)(ii) is amended by removing ``$386.50'' and 
adding, in its place, ``$406'', by removing ``1997-98'' and adding, in 
its place, ``1998-99'', and by removing ``year,'' and adding, in its 
place, ``year.''; paragraph (b)(2)(i) is amended by removing ``1997-
98'' and adding, in its place, ``1998-99'', by removing ``$773'' and 
adding, in its place, ``$812'', and by removing ``day:'' and adding, in 
its place, ``day.''; and paragraph (b)(2)(ii) is amended by removing 
``1997-98'' and adding, in its place, ``1998-99'', by removing 
``$386.50'' and adding, in its place, ``$406'', and by removing 
``day;'' and adding, in its place, ``day.''.

[FR Doc. 99-21248 Filed 8-16-99; 8:45 am]
BILLING CODE 8320-01-P