Reservists Education; Commencing Date of Award of Educational Assistance

[[Page 21486]]

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AF74

Reservists Education; Commencing Date of Award of Educational

Assistance

AGENCY: Department of Defense, Department of Transportation (Coast

Guard), and Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend the Educational Assistance

Regulations pertaining to the commencing dates of awards of educational

assistance for members of the Selected Reserve. It is proposed to

change these regulations to provide that all commencing dates for

awards or increased awards of educational assistance be on or

reasonably close to the date of the first day of class. The intended

effect of the amendments is to make uniform the regulations governing

the dates of commencement of awards of educational assistance under the

Montgomery GI Bill--Selected Reserve both for reservists pursuing a

college degree and for those enrolled in courses not leading to a

college degree.

DATES: Comments must be received on or before July 3, 1995.

ADDRESSES: Mail written comments to: Director, Office of Regulations

Management (02D), Department of Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, or hand deliver written comments to: Office

of Regulations Management, Room 1176, 801 Eye Street, NW, Washington DC

20001. Comments should indicate that they are in response to ``RIN

2900-AF74.'' All written comments received will be available for public

inspection in the Office of Regulations Management, Room 1176, 801 Eye

Street, NW, Washington, DC 20001, between the hours of 8:00 a.m. and

4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director

for Policy and Program Administration, Education Service, Veterans

Benefits Administration, (202) 273-7187.

SUPPLEMENTARY INFORMATION: In accordance with statutory authorities, VA

has established an educational assistance program for certain members

of the Selected Reserve of the Ready Reserve for the purpose of

encouraging membership in the Selected Reserve. The regulations

established for this program are set forth at 38 CFR Subpart L,

referred to below as the ``Educational Assistance Regulations.''

The Educational Assistance Regulations set forth criteria for

determining the commencing date of an award or increased award of

educational assistance. The current regulations provide that, with

respect to reservists enrolled in a resident course or subject leading

to a college degree, the commencing date generally is the date of

registration or reporting, whichever is first. It is proposed to change

these regulations, as set forth in the text portion of this document,

to provide that all commencing dates for awards or increased awards of

educational assistance be on or reasonably close to the date of the

first day of class. It is also proposed to impose such requirements for

all other reservists pursuing educational programs: i.e., those taking

a course offered by independent study or correspondence. This proposal

is consistent with the recommendation of the Commission to Assess

Veterans' Education Policy and will help ensure that educational

assistance is paid only for times close to or during the period of

pursuit of the reservists' program of education.

The Secretary of Veterans Affairs, the Secretary of Defense and the

Commandant of the Coast Guard have certified that this proposed rule,

if promulgated, 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 proposed rule would

not directly affect any small entities. Only VA beneficiaries could be

directly affected. Therefore, pursuant to 5 U.S.C. 605(b), the amended

regulation is exempt from the initial and final regulatory flexibility

analyses requirements of sections 603 and 604.

This proposed rule has been reviewed by the Office of Management

and Budget pursuant to Executive Order 12866.

There is no Catalog of Federal Domestic Assistance number for the

program affected by this proposed rule.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant programs--education, Loan

programs--education, Reporting and recordkeeping requirements, Schools,

Veterans, Vocational education, Vocational rehabilitation.

Approved: April 11, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: April 21, 1995.

Wayne W. Spruell,

Acting Deputy Assistant Secretary, Reserve Affairs (Manpower and

Personnel), Department of Defense.

Approved: April 24, 1995.

R.M. Larrabee,

Chief, Office of Readiness and Reserve, Coast Guard, Department of

Transportation.

For the reasons set out in the preamble, 38 CFR part 21, subpart L

is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart L--Educational Assistance for Members of the Selected

Reserve

1. 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).

2. In Sec. 21.7631, paragraphs (b) and (c) and their authority

citations are revised to read as follows:

Sec. 21.7631 Commencing dates.

* * * * *

(b) Certification by school--the course or subject leads to a

standard college degree. (1) When a student enrolls in a course offered

by independent study, the commencing date of the award or increased

award of educational assistance will be the date the student began

pursuit of the course according to the regularly established practices

of the educational institution.

(2) When a student enrolls in a resident course or subject, the

commencing date of the award will be the date of reporting provided

that--

(i) The published standards of the school require the student to

register before reporting,

(ii) The published standards of the school require the student to

report no more than 14 days before the first scheduled date of classes

for the term, quarter or semester for which the student has registered,

and

(iii) The first scheduled class for the course or subject in which

the student is enrolled begins during the calendar week when, according

to the school's academic calendar, classes are generally scheduled to

commence for the term.

(3) When a student enrolls in a resident course or subject whose

first scheduled class begins after the calendar week when, according to

the school's academic calendar, classes are scheduled to commence for

the term, quarter, or semester, the commencing [[Page 21487]] date of

the award or increased award of educational assistance allowance will

be the actual date of the first class scheduled for the particular

course or subject.

(4) When a student enrolls in a resident course or subject and

neither the provisions of paragraph (b)(2) nor (b)(3) of this section

apply to the enrollment, the commencing date of the award or increased

award of educational assistance will be the first scheduled date of

classes for the term, quarter or semester in which the student is

enrolled.

(Authority: 10 U.S.C. 16136(b))

(c) Certification by educational institution or training

establishment--course does not lead to a standard college degree. (1)

When a reservist enrolls in a course which does not lead to a standard

college degree and which is offered in residence, the commencing date

of the award of educational assistance will be as stated in paragraph

(b) of this section.

(2) When a reservist enrolls in a course which is offered by

correspondence, the commencing date of the award of educational

assistance shall be the later of--

(i) The date the first lesson was sent, or

(ii) The date of affirmance.

(3) When a reservist enrolls in a program of apprenticeship or

other on-job training, the commencing date of the award of educational

assistance shall be the first date of employment in the training

position.

(Authority: 10 U.S.C. 16136(b))

* * * * *

[FR Doc. 95-10690 Filed 5-1-95; 8:45 am]

BILLING CODE 8320-01-P