[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Rules and Regulations]
[Pages 25785-25787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9733]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AL79


Veterans Education: Non-Payment of VA Educational Assistance to 
Fugitive Felons

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends Department of Veterans Affairs (VA) 
regulations to reflect a provision in the Veterans Education and 
Benefits Expansion Act of 2001 (Act). The Act contains a provision in 
section 505 that prohibits VA from awarding educational assistance 
allowance to individuals during any period that they are fugitive 
felons. Section 505 further prohibits payment of educational assistance 
allowance to a dependent of a veteran if the veteran is a fugitive 
felon. The prohibitions apply to the following VA educational 
assistance programs: Montgomery GI Bill-Active Duty, Post-Vietnam Era 
Veteran's Educational Assistance Program, and Survivors' and 
Dependents' Educational Assistance.

DATES: Effective Date: This final rule is effective May 16, 2005.
    Applicability Date. The substantive changes made by this final rule 
are applied retroactively to December 27, 2001, to conform to statutory 
requirements.

FOR FURTHER INFORMATION CONTACT: Lynn M. Nelson, Education Advisor 
(225C), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 273-7187.

SUPPLEMENTARY INFORMATION: Section 505 of the Veterans Education and 
Benefits Expansion Act of 2001, enacted December 27, 2001, prohibits 
the payment of educational assistance allowance to veterans who are 
fugitive felons. The Act further prohibits payment of educational 
assistance allowance to an otherwise eligible dependent of a veteran if 
the veteran or the dependent is a fugitive felon. The prohibitions 
apply to the following educational assistance programs.
     Montgomery GI Bill--Active Duty (MGIB), 38 U.S.C. chapter 
30;
     Post-Vietnam Era Veteran's Educational Assistance Program 
(VEAP), 38 U.S.C. chapter 32; and
     Survivors' and Dependents' Educational Assistance (DEA), 
38 U.S.C. chapter 35.
    The amendments to the regulations include definitions for 
``fugitive felon'' and ``felony'' as defined in the Act. VA expanded 
the definition of ``fugitive felon'' to show that individuals are 
identified as such by Federal, State, or local law enforcement 
officials. It is the law enforcement officials, and not VA, who 
identify an individual as a ``fugitive felon.''
    The amendments include rules showing that educational assistance 
allowance will be discontinued effective the later of December 27, 
2001, or the date of the warrant for the arrest of the felon. In the 
case of a dependent, when the veteran from whom the dependent derives 
eligibility is the fugitive felon, the date of discontinuance is the 
later of December 27, 2001, or the date of the warrant for the arrest 
of the felon. Payment of educational assistance allowance to an 
otherwise eligible

[[Page 25786]]

individual may begin effective the date the warrant is cleared. The 
rules are the same for each education program listed above.

Administrative Procedure Act

    Changes made by this final rule merely reflect statutory 
requirements. Accordingly, this rule is exempt from the notice-and-
comment and delayed-effective-date requirements of 5 U.S.C. 553.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before developing any rule that may result in an expenditure 
by State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This final rule would have no such effect 
on State, local, or tribal governments, or the private sector.

Regulatory Flexibility Act

    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 will directly affect 
only individuals and will not directly affect small entities. 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.

Catalog of Federal Domestic Assistance Program Numbers

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this proposed rule are 64.117, 64.120, and 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, 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: May 10, 2005.
R. James Nicholson,
Secretary of Veterans Affairs.

0
For the reasons set out in the preamble, 38 CFR part 21 (subparts C, D, 
and K) is amended as follows:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart C--Survivors' and Dependents' Educational Assistance Under 
38 U.S.C. Chapter 35

0
1. The authority citation for part 21, subpart C continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise 
noted.

0
2. Amend Sec.  21.3135 to add paragraph (j) immediately after the 
authority citation at the end of paragraph (i) to read as follows:


Sec.  21.3135  Reduction or discontinuance dates for awards of 
educational assistance allowance.

* * * * *
    (j) Fugitive felons. (1) VA will not award educational assistance 
allowance to an otherwise eligible person for any period after December 
26, 2001, during which the--
    (i) Eligible person is a fugitive felon; or
    (ii) Veteran from whom eligibility is derived is a fugitive felon.
    (2) The date of discontinuance of an award of educational 
assistance allowance to an eligible person is the later of--
    (i) The date of the warrant for the arrest of the felon; or
    (ii) December 27, 2001.

(Authority: 38 U.S.C. 5313B)

Subpart D--Administration of Educational Assistance Programs

0
3. The authority citation for part 21, subpart D continues to read as 
follows:

    Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 
30, 32, 34, 35, 36, unless otherwise noted.


0
4. Amend Sec.  21.4131 to add paragraph (i) immediately after the 
authority citation at the end of paragraph (h) to read as follows:


Sec.  21.4131  Commencing dates.

* * * * *
    (i) Fugitive felons. An award of educational assistance allowance 
to an otherwise eligible veteran or person will begin effective the 
date the warrant for the arrest of the felon is cleared by--
    (1) Arrest;
    (2) Surrendering to the issuing authority;
    (3) Dismissal; or
    (4) Court documents (dated after the warrant for the arrest of the 
felon) showing the individual is no longer a fugitive.

(Authority: 38 U.S.C. 5313B)
* * * * *

0
5. Amend Sec.  21.4135 to add paragraph (n) immediately after the 
authority citation at the end of paragraph (m) to read as follows:


Sec.  21.4135  Discontinuance dates.

* * * * *
    (n) Fugitive felons: veterans eligible under 38 U.S.C. chapter 32. 
VA will not award educational assistance allowance to an otherwise 
eligible veteran for any period after December 26, 2001, during which 
the veteran is a fugitive felon. The date of discontinuance of an award 
of educational assistance allowance to a veteran who is a fugitive 
felon is the later of--
    (1) The date of the warrant for the arrest of the felon; or
    (2) December 27, 2001.

(Authority: 38 U.S.C. 5313B)
* * * * *

0
6. Amend Sec.  21.4200 to add and reserve paragraphs (ee) through (jj) 
immediately after the authority citation at the end of paragraph (dd) 
and to add paragraphs (kk) and (ll) to read as follows:


Sec.  21.4200  Definitions.

* * * * *
    (ee)-(jj) [Reserved]
    (kk) Fugitive felon. The term fugitive felon means an individual 
identified as such by Federal, State, or local law enforcement 
officials and who is a fugitive by reason of--
    (1) Fleeing to avoid prosecution for an offense, or an attempt to 
commit an offense, which is a felony under the laws of the place from 
which the person flees;
    (2) Fleeing to avoid custody or confinement after conviction for an 
offense, or an attempt to commit an offense, which is a felony under 
the laws of the place from which the person flees; or
    (3) Violating a condition of probation or parole imposed for 
commission of a felony under Federal or State law.

(Authority: 38 U.S.C. 5313B)

    (ll) Felony. The term felony means a major crime or offense defined 
as such under the law of the place where the offense was committed or 
under Federal law. It includes a high misdemeanor under the laws of a 
State which characterizes as high misdemeanors offenses that would be 
felony offenses under Federal law.

(Authority: 38 U.S.C. 5313B)

[[Page 25787]]

Subpart K--All Volunteer Force Educational Assistance Program 
(Montgomery GI Bill--Active Duty)

0
7. 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.

0
8. Amend Sec.  21.7020 to add and reserve paragraphs (b)(52) through 
(b)(55) immediately after the authority citation at the end of 
paragraph (b)(51) and to add paragraphs (b)(56) and (b)(57) to read as 
follows:


Sec.  21.7020  Definitions.

* * * * *
    (b) * * *
    (52)-(55) [Reserved]
    (56) Fugitive felon. The term fugitive felon has the same meaning 
as provided in Sec.  21.4200(kk).

(Authority: 38 U.S.C. 5313B)
    (57) Felony. The term felony has the same meaning as provided in 
Sec.  21.4200(ll).

(Authority: 38 U.S.C. 5313B)

0
9. Amend Sec.  21.7131 to add paragraph (q) immediately after the 
information collection requirement approval parenthetical at the end of 
paragraph (p) to read as follows:


Sec.  21.7131  Commencing dates.

* * * * *
    (q) Fugitive felons. (1) An award of educational assistance 
allowance to an otherwise eligible veteran may begin effective the date 
the warrant for the arrest of the felon is cleared by--
    (i) Arrest;
    (ii) Surrendering to the issuing authority;
    (iii) Dismissal; or
    (iv) Court documents (dated after the warrant) showing the veteran 
is no longer a fugitive.
    (2) An award of educational assistance allowance to a dependent who 
is otherwise eligible to transferred entitlement may begin effective 
the date the warrant is cleared by--
    (i) Arrest;
    (ii) Surrendering to the issuing authority;
    (iii) Dismissal; or
    (iv) Court documents (dated after the warrant) showing the 
individual is no longer a fugitive.

(Authority: 38 U.S.C. 5313B)


0
10. Amend Sec.  21.7135 to add paragraph (aa) immediately after the 
authority citation at the end of paragraph (z) to read as follows:


Sec.  21.7135  Discontinuance dates.

* * * * *
    (aa) Fugitive felons. (1) VA will not award educational assistance 
allowance to an otherwise eligible veteran for any period after 
December 26, 2001, during which the veteran is a fugitive felon. The 
date of discontinuance of an award of educational assistance allowance 
to a veteran who is a fugitive felon is the later of--
    (i) The date of the warrant for the arrest of the felon; or
    (ii) December 27, 2001.
    (2) VA will not award educational assistance allowance to a 
dependent who is otherwise eligible to transferred entitlement if the 
dependent is a fugitive felon or if the veteran who transferred the 
entitlement is a fugitive felon. The date of discontinuance of an award 
of educational assistance allowance to a dependent is the later of--
    (i) The date of the warrant; or
    (ii) December 27, 2001.

(Authority: 38 U.S.C. 5313B)
* * * * *
[FR Doc. 05-9733 Filed 5-13-05; 8:45 am]
BILLING CODE 8320-01-P