[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Rules and Regulations]
[Pages 20745-20746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9603]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ69


Modified Eligibility Criteria for the Montgomery GI Bill--Active 
Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and education 
benefit regulations of the Department of Veterans Affairs (VA). The 
amendments reflect statutory changes in the eligibility criteria for 
the Montgomery GI Bill--Active Duty which were made by the Veterans 
Programs Enhancement Act of 1998. This document also makes other 
changes for the purpose of clarification.

DATES: Effective Date: This final rule is effective April 18, 2000.
    Applicability Date: October 1, 1998.

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

SUPPLEMENTARY INFORMATION: The Veterans Programs Enhancement Act of 
1998 (Pub. L. 105-368) contains provisions that affect the educational 
assistance and education benefit regulations. This document amends 
these regulations to correspond with new statutory provisions 
concerning the education criteria an individual must meet in order to 
establish eligibility for the Montgomery GI Bill--Active Duty (MGIB).
    To meet the eligibility criteria for the MGIB, a veteran, among 
other things, must have completed the requirements of a secondary 
school diploma (or the equivalency certificate). Previously, if a 
veteran did not actually receive a diploma, by statute a veteran could 
have met this criterion only by successfully completing within 
statutory deadlines the equivalent of 12 semester hours.
    Public Law 105-368 provides that the criterion will also be met if 
the veteran otherwise receives academic credit for the equivalent of 12 
semester hours. Thus, a veteran who did not actually earn 12 semester 
hours credit, but who received academic credit for 12 semester hours 
because of his or her life experiences before the applicable deadline, 
would now be eligible for MGIB. We are amending 38 CFR 21.7042, 
21.7044, and 21.7045 to reflect this provision of law. We are also 
making nonsubstantive changes for the purpose of clarity.
    Consistent with the effective date provisions of section 203 of 
Public Law 105-368, the date of applicability for the provisions in 
this final rule that affect eligibility criteria for the Montgomery GI 
Bill--Active Duty is October 1, 1998.
    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. 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: April 10, 2000.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 38 CFR part 21 
(subpart K) 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 is revised to read 
as follows:

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


    2. In Sec. 21.7042, paragraphs (a)(3)(ii), (b)(2)(ii), and 
(c)(4)(ii) are revised to read as follows:


Sec. 21.7042  Basic eligibility requirements.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Successfully complete (or otherwise receive academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree; and

(Authority: 38 U.S.C. 3011, 3012, 3016)
* * * * *
    (b) * * *
    (2) * * *
    (ii) Successfully complete (or otherwise receive academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree;

(Authority: 38 U.S.C. 3011, 3012, 3016)
* * * * *
    (c) * * *
    (4) * * *
    (ii) Successfully complete (or otherwise receive academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree.
* * * * *

    3. In Sec. 21.7044, paragraphs (a)(3)(ii) and (b)(3)(ii) are 
revised to read as follows:


Sec. 21.7044  Persons with eligibility under 38 U.S.C. chapter 34.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Successfully complete (or otherwise receive academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree. This may be done at any time.
* * * * *
    (b) * * *
    (3) * * *
    (ii) Successfully complete (or otherwise receive academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree. This may be done at any time.

(Authority: 38 U.S.C. 3012 (a), (b))
* * * * *

    4. In Sec. 21.7045, paragraphs (b)(3)(i) and (c)(3)(i) are revised 
to read as follows:


Sec. 21.7045  Eligibility based on involuntary separation or voluntary 
separation.

* * * * *
    (b) * * *
    (3) Educational requirement. (i) Before the date on which VA 
receives

[[Page 20746]]

the individual's application for educational assistance under subpart K 
of this part, the individual must have:
    (A) Successfully completed the requirements of a secondary school 
diploma (or equivalency certificate); or
    (B) Successfully completed (or otherwise received academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree.
    (c) * * *
    (3) Educational requirement. (i) Before the date on which VA 
receives the individual's application for educational assistance under 
subpart K of this part, the individual must have:
    (A) Successfully completed the requirements of a secondary school 
diploma (or equivalency certificate); or
    (B) Successfully completed (or otherwise received academic credit 
for) 12 semester hours (or the equivalent) in a program of education 
leading to a standard college degree.
* * * * *
[FR Doc. 00-9603 Filed 4-17-00; 8:45 am]
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