Vocational rehabilitation and education: Veterans education— Educational assistance awards to veterans who were voluntarily discharged; effective dates,

[Federal Register: June 23, 1998 (Volume 63, Number 120)]

[Rules and Regulations]

[Page 34131-34132]

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

[DOCID:fr23jn98-7]

DEPARTMENT OF VETERANS AFFAIRS

38 CFR PART 21

RIN 2900-AI88

Veterans' Education: Effective Date for Awards of Educational Assistance to Veterans Who Were Voluntarily Discharged

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the educational-assistance and educational-benefit regulations of the Department of Veterans Affairs (VA). It establishes effective dates of awards of educational assistance to certain voluntarily discharged veterans who are eligible for the Montgomery GI Bill--Active Duty (MGIB). The effective dates correspond with a statutory mandate for the effective dates. The final rule also clarifies that these veterans may not receive educational assistance for training that occurs before they pay the Federal government $1,200.

DATES: Effective Date: July 23, 1998.

Applicability Dates: The effective dates are retroactive from the effective dates of the statutory provisions.

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

SUPPLEMENTARY INFORMATION: In a document published in the Federal Register on December 18, 1997 (62 FR 66320), VA proposed to amend the ``All Volunteer Force Educational Assistance Program (Montgomery GI Bill--Active Duty)'' regulations as set forth in the SUMMARY portion of this document.

Interested persons were given 60 days to submit comments. No comments were received. Based on the rationale set forth in the proposed rule, we are

[[Page 34132]]

adopting the provisions of the proposed rule as a final rule.

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 and does not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analyses requirements of Secs. 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, Educational institutions, Employment, Grant programs--education, Grant programs--veterans, Health care, Loan programs--education, Loan programs--veterans, Manpower training programs, Reporting and recordkeeping requirements, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation.

Approved: May 8, 1998. Togo D. West, Jr., Secretary.

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

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

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

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

2. In Sec. 21.7131, paragraphs (l) and (m) are reserved, and paragraph (n) is added to read as follows:

   Sec. 21.7131 Commencing dates.

   * * * * *

   (n) Eligibility established under Sec. 21.7045(c). The effective date of an award of educational assistance when the veteran has established eligibility under Sec. 21.7045(c) is as follows:

   (1) If the veteran is not entitled to receive educational assistance under 38 U.S.C. ch. 32 on the date he or she made a valid election to receive educational assistance under 38 U.S.C. ch. 30, the effective date of the award of educational assistance will be the latest of the following.

   (i) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section; or

   (ii) October 23, 1992, provided that VA received the $1,200 required to be collected pursuant to Sec. 21.7045(c)(2) and any other evidence necessary to establish that the election is valid before the later of:

   (A) October 23, 1993; or

   (B) One year from the date VA requested the $1,200 or the evidence necessary to establish a valid election; or

   (iii) The date VA received the $1,200 required to be collected pursuant to Sec. 21.7045(c)(2) and all other evidence needed to establish that the election is valid, if the provisions of paragraph (n)(1)(ii) of this section are not met.

   (2) If the veteran is entitled to receive educational assistance under 38 U.S.C. ch. 32 on the date he or she made a valid election to receive educational assistance under 38 U.S.C. ch. 30, the effective date of the award of educational assistance will be the latest of the following:

   (i) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section; or

   (ii) The date on which the veteran made a valid election to receive educational assistance under 38 U.S.C. chapter 30 provided that VA received the $1,200 required to be collected pursuant to Sec. 21.7045(c)(2) and any other evidence necessary to establish that the election is valid before the later of:

   (A) One year from the date VA received the valid election; or

   (B) One year from the date VA requested the $1,200 or the evidence necessary to establish a valid election; or

   (iii) The date VA received the $1,200 required to be collected pursuant to Sec. 21.7045(c)(2) and all other evidence needed to establish that the election is valid, if the provisions of paragraph (n)(2)(ii) of this section are not met.

   (Authority 38 U.S.C. 3018B)

   [FR Doc. 98-16601Filed6-22-98; 8:45 am]

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