Vocational rehabilitation and education: Veterans education— Educational Assistance Test Program; increased allowances,

[Federal Register: March 14, 2000 (Volume 65, Number 50)]

[Rules and Regulations]

[Page 13693-13694]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14mr00-12]

DEPARTMENT OF DEFENSE DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ87

Veterans Education: Increased Allowances for the Educational Assistance Test Program

AGENCIES: Department of Defense and Department of Veterans Affairs.

ACTION: Final rule.

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 1999-2000 academic year should be increased by 4% over the rates payable for the 1998-99 academic year. The regulations dealing with these rates are amended accordingly.

DATES: Effective Date: This rule is effective March 14, 2000.

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

SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the Secretary of Defense shall adjust the 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 4% in the 1998-99 academic year. Accordingly, this final rule changes 38 CFR 21.5820 and 21.5822 to reflect a 4% increase in the rates payable in the 1999-2000 academic year. The changes to Sec. 21.5820 include adding provisions for adjustments to compensate for rounding, which were not applicable last year because last year the resulting numerical values did not involve rounding. This final rule also makes nonsubstantive changes for the purpose of clarification.

Administrative Procedure Act

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. Accordingly, there is a basis for dispensing with notice-and-comment and a delayed effective date under 5 U.S.C. 552 and 553.

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: November 18, 1999. Togo D. West, Jr., Secretary of Veterans Affairs.

Approved: March 1, 2000. Curtis B. Taylor, Colonel, U.S. Army, Principle 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. Section 21.5820 is amended by:

   1. In paragraph (b)(1), removing ``1998-99'' and adding, in its place, ``1999-2000''; and by removing ``$3,258'' and adding, in its place, ``$3,388''.

   2. In the introductory text of paragraph (b)(2)(ii), removing ``1998-99'' and adding, in its place, ``1999-2000''.

   3. In paragraph (b)(2)(ii)(A), removing ``$362'' and adding, in its place, ``$376.44''; and by removing ``$181'' and adding, in its place, ``$188.22''.

   4. In paragraph (b)(2)(ii)(B), removing ``$12.07'' and adding, in its place, ``$12.55''; and by removing ``$6.03'' and adding, in its place, ``$6.27''.

   5. In the introductory text of paragraph (b)(3)(ii), removing ``1998-99'' and adding, in its place, ``1999-2000''.

   6. In paragraph (b)(3)(ii)(A), removing ``$362'' and adding, in its place, ``$376.44''; and by removing ``$181'' and adding, in its place, ``$188.22''.

   7. In paragraph (b)(3)(ii)(B), removing ``$12.07'' and adding, in its place, ``$12.55''; and by removing ``$6.03'' and adding, in its place, ``$6.27''.

   8. Revising paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C).

   1. Adding an authority citation at the end of paragraph (b).

   [[Page 13694]]

   The revisions and addition read as follows:

   Sec. 21.5820 Educational assistance.

   * * * * *

   (b) * * *

   (2) * * *

   (ii) * * *

   (C) Adding the two results. If the enrollment period is as long as or longer than a standard academic year, this amount will be increased by 4 for a full-time student and increased by 2 for a part-time student.

   (3) * * *

   (ii) * * *

   (C) Adding the two results. If the enrollment period is as long as or longer than a standard academic year, this amount will be increased by 4 cents for a full-time student and increased by 2 cents for a part- time student; and * * * * * (Authority: 10 U.S.C. 2143, 2145) * * * * *

3. Section 21.5822 is amended by:

   1. In paragraph (b)(1)(i), removing ``$812'' and adding, in its place, ``$844''; and by removing ``1998-99'' and adding, in its place, ``1999-2000''.

   2. In paragraph (b)(1)(ii), removing ``$406'' and adding, in its place, ``$422''; and by removing ``1998-99'' and adding, in its place, ``1999-2000''.

   3. In paragraph (b)(2)(i), removing ``1998-99'' and adding, in its place, ``1999-2000''; and by removing ``$812'' and adding, in its place, ``$844''.

   4. In paragraph (b)(2)(ii), removing ``1998-99'' and adding, in its place, ``1999-2000''; and by removing ``$406'' and adding, in its place, ``$422''.

   5. Removing the authority citation at the end of paragraph (b)(1)(ii).

   6. Revising the authority citation at the end of paragraph (b)(2)(ii).

   The revision reads as follows:

   Sec. 21.5822 Subsistence allowance.

   * * * * * (Authority: 10 U.S.C. 2144, 2145) * * * * *

   [FR Doc. 00-6216Filed3-13-00; 8:45 am]

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