[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52650-52652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25284]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI31
Advance Payments and Lump-Sum Payments of Educational Assistance;
Miscellaneous Nonsubstantive Changes
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the educational assistance regulations
dealing with the advance payment and lump-sum payment of educational
assistance. We are amending these regulations by removing provisions
that no longer apply and by making other changes for the purpose of
clarification. This will make these regulations easier to use. In
addition, this document makes nonsubstantive changes for the purpose of
clarification in the educational assistance regulations concerning
eligibility for the Montgomery GI Bill--Active Duty program.
DATES: Effective Date: September 30, 1999.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Adviser, Education Service, Veterans Benefits Administration, 202-273-
7187.
SUPPLEMENTARY INFORMATION: In the Federal Register of May 20, 1998 (63
FR 27701), the Department of Veterans Affairs (VA), the Department of
Defense (DOD), and the Department of Transportation (Coast Guard)
proposed amending the educational assistance regulations concerning
advance payments and lump-sum payments of educational assistance. We
proposed removing obsolete provisions and clarifying other provisions.
Interested persons were given 60 days in which to submit comments
to VA. We received no comments. Based on the rationale set forth in the
proposed rule and this document, the provisions of the proposed rule
are adopted without change, except that nonsubstantive changes are made
for the purpose of clarification and authority citations are changed.
DOD and VA are jointly issuing this final rule insofar as it
relates to the Post-
[[Page 52651]]
Vietnam Era Veterans' Educational Assistance program. This program is
funded by DOD and administered by VA. DOD, the Department of
Transportation (Coast Guard), and VA are jointly issuing this final
rule insofar as it relates to the Montgomery GI Bill--Selected Reserve.
This program is funded by DOD and the Coast Guard, and is administered
by VA. VA alone is issuing the remainder of this final rule.
Paperwork Reduction Act
The collection of information contained in this final rule in 38
CFR 21.4138(a) has 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 has been assigned OMB control number 2900-0604. The
collection of information implements a statutory provision that
mandates that an individual who wishes to receive an advance payment of
educational assistance must ask for it. We received no comments on the
proposed collection of information.
OMB assigns a control number for each collection of information it
approves. VA may not conduct or sponsor, and a 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 the collection of information in this final rule is
displayed at the end of the affected section of the regulations.
Administrative Procedure Act
Under 5 U.S.C. 553, there is a basis for dispensing with a 30-day
delay of the effective date since the changes made by this final rule
are nonsubstantive.
Executive Order 12866
This final rule has been reviewed by OMB under Executive Order
12866.
Regulatory Flexibility Act
The signers of this document 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. The adoption of this final rule does not make
substantive changes. It removes provisions that no longer apply and
makes other changes for purposes of clarification.
The Catalog of Federal Domestic Assistance numbers for programs
affected by this final rule are 64.117, 64.120, and 64.124. The final
rule will also affect the Montgomery GI Bill--Selected Reserve for
which there is no Catalog of Federal Domestic Assistance number.
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 25, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
Approved: April 29, 1999.
Curtis B. Taylor,
Colonel, U.S. Army, Principal Director, (Military Personnel Policy)
Department of Defense.
Approved: May 27, 1999.
F. L. Ames
Read Admiral, U.S. Coast Guard, Assistant Commandant For Human
Resources.
For the reasons set out in the preamble, 38 CFR part 21 is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
1. The authority citation for subpart D is revised to read as
follows:
Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), 38
U.S.C. chs. 30, 32, 34, 35, 36, unless otherwise noted.
2. In Sec. 21.4138, the introductory text is removed; paragraphs
(c) and (d) are removed and reserved; paragraphs (a) and (b) are
revised; and a parenthetical is added to the end of the section, to
read as follows:
Sec. 21.4138 Certifications and release of payments.
(a) Advance payments. (1) VA will make payments of educational
assistance in advance when:
(i) The veteran, servicemember, reservist, or eligible person has
specifically requested such a payment;
(ii) The student is enrolled for half time or more;
(iii) The educational institution at which the veteran,
servicemember, reservist, or eligible person is accepted or enrolled
has agreed to and can satisfactorily carry out the provisions of 38
U.S.C. 3680(d)(4)(B) and (C) and (5) pertaining to receipt, delivery,
or return of checks and certifications of delivery and enrollment;
(iv) The Director of the VA field facility of jurisdiction has not
acted under paragraph (a)(4) of this section to prevent advance
payments being made to the veteran's, servicemember's, reservist's, or
eligible person's educational institution;
(v) There is no evidence in the veteran's, servicemember's,
reservist's, or eligible person's claim file showing that he or she is
not eligible for an advance payment;
(vi) The period for which the veteran, servicemember, reservist, or
eligible person has requested a payment either--
(A) Is preceded by an interval of nonpayment of 30 days or more; or
(B) Is the beginning of a school year that is preceded by a period
of nonpayment of 30 days or more; and
(vii) The educational institution or the veteran, servicemember,
reservist, or eligible person has submitted the certification required
by Sec. 21.7151.
(2) The amount of the advance payment to a veteran, reservist, or
eligible person is the educational assistance for the month or fraction
thereof in which the term or course will begin plus the educational
assistance for the following month. The amount of the advance payment
to a servicemember is the amount payable for the entire term, quarter,
or semester, as applicable.
(3) VA will mail advance payments to the educational institution
for delivery to the veteran, servicemember, reservist, or eligible
person. The educational institution will not deliver the advance
payment check more than 30 days in advance of the first date of the
period for which VA makes the advance payment.
(4) The Director of the VA field station of jurisdiction may direct
that advance payments not be made to individuals attending an
educational institution if:
(i) The educational institution demonstrates an inability to comply
with the requirements of paragraph (a)(3) of this section;
(ii) The educational institution fails to provide adequately for
the safekeeping of the advance payment checks before delivery to the
veteran, servicemember, reservist, or eligible person or return to VA;
or
(iii) The Director determines, based on compelling evidence, that
the educational institution has demonstrated its inability to discharge
its responsibilities under the advance payment program.
[[Page 52652]]
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034, 3680(d))
(b) Lump-sum payments. A lump-sum payment is a payment of all
educational assistance due for an entire quarter, semester, or term. VA
will make a lump-sum payment to:
(1) A veteran or servicemember pursuing a program of education at
less than the half-time rate under 38 U.S.C. chapter 30;
(2) A servicemember pursuing a program of education at the half-
time rate or greater under 38 U.S.C. chapter 30, provided that VA did
not make an advance payment to the servicemember for the term for which
a lump-sum payment would otherwise be due; and
(3) An eligible person pursuing a program of education at less than
the half-time rate under 38 U.S.C. chapter 35.
(Authority: 38 U.S.C. 3034(c), 3680(f))
* * * * *
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
0604)
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
3. The authority citation for part 21, subpart G continues to read
as follows:
Authority: 38 U.S.C. 501(a), chs. 32, 36, unless otherwise
noted.
4. Section 21.5135 is revised to read as follows:
Sec. 21.5135 Advance payments.
VA will apply the provisions of Sec. 21.4138(a) in making advance
payments to veterans and servicemembers.
(Authority: 38 U.S.C. 3241, 3680)
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
5. 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.
6. The heading of Sec. 21.7040 is revised to read as follows:
Sec. 21.7040 Categories of basic eligibility.
7. The heading of Sec. 21.7042 and the parenthetical at the end of
the section are revised to read as follows:
Sec. 21.7042 Basic eligibility requirements.
* * * * *
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
0594)
8. In Sec. 21.7140, paragraph (b) is removed; paragraphs (c), (d),
(e), (f), and (g) are redesignated as paragraphs (b), (c), (d), (e),
and (f), respectively; and paragraph (a) is revised, to read as
follows:
Sec. 21.7140 Certifications and release of payments.
(a) Advance payments and lump-sum payments. VA will apply the
provisions of Sec. 21.4138(a) and (b) in making advance payments and
lump-sum payments to veterans and servicemembers.
(Authority: 38 U.S.C. 3034 and 3680)
* * * * *
Subpart L--Educational Assistance for Members of the Selected
Reserve
9. The authority citation for part 21, subpart L is revised to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
unless otherwise noted.
10. In Sec. 21.7640, the authority citations for paragraphs (b),
(c), (e), and (f) are amended by removing ``; Pub. L. 98-525'';
paragraph (e) is amended by removing ``paragraph (d) of this section''
and adding, in its place, ``Sec. 21.4138(a)''; and paragraph (d) is
revised to read as follows:
Sec. 21.7640 Release of payments.
* * * * *
(d) Advance payments. VA will apply the provisions of
Sec. 21.4138(a) in making advance payments to reservists.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680)
* * * * *
[FR Doc. 99-25284 Filed 9-29-99; 8:45 am]
BILLING CODE 8320-01-P