# Veterans Education: Reduction in Required Reports

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-24776

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** September 18, 1997
- **Citation:** 62 FR 48969

## Text

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI58

Veterans Education: Reduction in Required Reports

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the educational assistance and
educational benefits regulations of the Department of Veterans Affairs
(VA). It proposes to change the nature of the information to be
reported by veterans and servicemembers receiving educational
assistance under the Montgomery GI Bill--Active Duty program and the
number of reports required of educational institutions in which these
veterans and servicemembers are enrolled. It appears that these changes
would streamline the operation of this program and reduce the
information collection burden for this program, while maintaining the
program's integrity. This document also requests Paperwork Reduction
Act comments concerning the collections of information contained in
this document.

DATES: Comments must be received on or before November 17, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AI58''. All
written comments received will be available for public inspection at
the above address in the Office of Regulations Management, Room 1158,
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: This document proposes to amend the ``ALL
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM (MONTGOMERY GI BILL--
ACTIVE DUTY)'' regulations set forth at 38 CFR Part 21, Subpart K.
Except for correspondence course enrollments, a veteran or
servicemember receiving educational assistance under these provisions
is required to verify, after the fact, pursuit of a program of
education each month (referred to below as monthly verification).
Current regulations specify the information that must be reported in
the monthly verification. Except in advance payment and lump sum
payment cases, VA does not pay educational assistance until VA receives
this monthly verification.
Since pursuit of a program of education is a necessary prerequisite
to receipt of educational assistance under the educational programs VA
administers, current regulations also require (see Sec. 21.7156) a
veteran or servicemember to report, on a ``without delay'' basis
(referred to below as ``without delay'' reporting), each change in her
or his hours of credit being pursued and any changes in the status of
his or her pursuit of the program. This duty to provide ``without
delay'' reporting is in addition to the monthly verification described
above. Further, under Sec. 21.7156 educational institutions also are
required ``without delay'' or within specified time frames (all
reporting required of educational institutions ``without delay'' or
within specified time frames is referred to below as ``without delay''
reporting) to report changes in the number of hours of credit pursued
and changes in attendance.
The common purpose of these information collections is to allow VA
to determine whether a veteran or servicemember continues to be
entitled to educational assistance and, if so, to release the monthly
payment to the veteran or servicemember.
However, it does not appear necessary to obtain monthly
verification from a veteran who has received an advance payment for the
month in question. Advance payments are not submitted by VA directly to
the veteran. Instead, they are delivered to the educational institution
where the veteran is pursuing a program of education. If the veteran
does not begin training, the educational institution returns the
payment to VA instead of delivering it to the veteran. Accordingly, it
appears that no useful purpose is served by requiring a veteran to
provide a monthly verification concerning pursuit of a program of
education for a month for which he or she has received an advance
payment. Therefore, it is proposed to amend Sec. 21.7154 to eliminate
the requirement that the veteran provide monthly verification for those
monthly periods for which

[[Page 48970]]

advance payments have been made through the institution. If the veteran
does have a change in status or enrollment during that period after
receipt of the payment, he or she, and the educational institution,
still would remain obligated to provide VA notification by ``without
delay'' reporting (see Sec. 21.7156).
By statute (38 U.S.C. 3034(c)) VA is required to make lump-sum
payments to veterans and servicemembers for an entire term, quarter, or
semester when the veteran or servicemember is attending less than half-
time. Inasmuch as these individuals do not receive payments each month,
it appears that monthly verification is not needed to release such a
payment. Again, the veteran or servicemember and the educational
institution would still be obligated to provide VA ``without delay''
reporting of any relevant changes in status or enrollment that may
occur after the release of the lump-sum payment (see Sec. 21.7156).
Therefore, it appears that no useful purpose is served by requiring
these individuals to provide monthly verification. Accordingly, it is
proposed to amend Sec. 21.7154 to eliminate this requirement.
Furthermore, under the current Sec. 21.7154 a veteran is required
to certify in the monthly verification actual class attendance. Before
December 18, 1989, VA was required by statute to reduce an individual's
monthly educational assistance if that individual were pursuing a
course not leading to a standard college degree and had excessive
absences. VA is no longer required by statute to make those reductions.
Accordingly, it appears that actual attendance certification is no
longer necessary to be included in a monthly verification. It is
proposed to amend Sec. 21.7154 to eliminate this requirement.
With respect to veterans in courses not leading to a standard
college degree, the regulations require monthly certification of
attendance from a veteran. Some have questioned whether the regulations
require the veteran's certification also to contain a report from the
educational institution. In those cases in which no status change
occurred during the previous month, the educational institution's
verification was not intended to be included. It is unnecessary and
delays receipt of the document by VA. In cases where a change occurs,
the educational institution must submit that information within the
time frames for ``without delay'' reporting, but may do so separately.
Accordingly, it is proposed to change Sec. 21.7156 to more clearly set
forth the intended meaning.
Occasionally, a veteran or servicemember will enroll in more hours
than the minimum required to be a full-time student under the statute.
Often such a student, provided he or she is enrolled in a standard
term, quarter, or semester, will add or drop courses with no effect on
his or her status as a full-time student and payment to the student
will not be affected. It is proposed that under these circumstances,
neither the student nor the educational institution would be required
to report the changes. Such reporting would not appear to be necessary
since the changes would not affect payment to the student. However,
when the student is enrolled in a nonstandard term, VA is proposing to
continue to require such a student and the educational institution to
report all credit hour changes by ``without delay'' reporting. Under
the regulatory criteria for determining what constitutes a full-time
enrollment in a nonstandard term, complicated computation is necessary
in each individual case. Since the student may not be able readily to
make those calculations, he or she would be less likely to be able to
ascertain whether the change in credit hour status should be reported
to VA.
Additional changes are included in the proposed rule for purposes
of clarity.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520),
collections of information are set forth in the proposed 38 CFR
21.7154, 21.7156(a), and 21.7156(b). Accordingly, under section 3507(d)
of the Act, VA has submitted a copy of this rulemaking action to the
Office of Management and Budget (OMB) for its review of the collections
of information.
OMB assigns control numbers to collections of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
Comments on the collections of information should be submitted to
the Office of Management and Budget, Attention: Desk Officer for the
Department of Veterans Affairs, Office of Information and Regulatory
Affairs, Washington, DC 20503, with copies to the Director, Office of
Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Washington, DC 20420. Comments should indicate that
they are submitted in response to ``RIN 2900-AI58.''

Title: Monthly verification of pursuit.
Summary of collection of information: The collection of information
in the proposed Secs. 21.7154 and 21.7156(a) would implement a
statutory provision that permits, but does not require, VA to require
reports showing an eligible veteran's satisfactory pursuit of a program
of education before releasing a payment of educational assistance. The
statute specifically allows a monthly certification received from the
veteran to satisfy this requirement. VA estimates that adoption of the
proposed changes to Sec. 21.7154 would annually eliminate at least 500
reports that individuals are currently required to submit and also
would shorten other reports, and thereby reduce the total annual
reporting burden on individuals by 5,739 hours.
Description of need for information and proposed use of
information: The information that would be required under Secs. 21.7154
and 21.7156(a) is needed to help VA determine whether educational
assistance should continue to be paid to a veteran and to verify the
correct monthly rate of educational assistance payable to a veteran.
The monthly rate is based on the student's training time, which in turn
is based on the number of credit hours in which the student is
enrolled.
Description of likely respondents: Veterans eligible to receive
educational assistance under the Montgomery GI Bill--Active Duty
program.
Estimated number of respondents: 318,129.
Estimated frequency of responses: Monthly while the veteran
continues to pursue a program of education, provided the veteran has
not been paid in a lump sum.
Estimated average burden per collection: 5 minutes.
Estimated total annual reporting and recordkeeping burden: 185,571
hours of reporting burden. VA estimates that there will be no
recordkeeping burden.

Title: Report of Change in Enrollment.
Summary of collection of information: The collection of information
in the proposed revisions to Sec. 21.7156(b) would implement a
statutory provision that requires an educational institution to report
without delay changes, including interruptions and terminations, in a
veteran's or servicemember's enrollment. VA estimates that adoption of
these proposed changes would annually eliminate 21,841 reports that
educational institutions are currently required to submit and reduce
the total annual reporting burden on educational institutions by 1,830
hours.
Description of need for information and proposed use of
information: The

[[Page 48971]]

information required in Sec. 21.7156(b) is needed to help VA determine
the monthly rate of educational assistance payable to a veteran or
servicemember. The monthly rate is based on the student's training
time, which in turn is based on the number of credit hours in which the
student is enrolled.
Description of likely respondents: Educational institutions.
Estimated number of respondents: 7,481.
Estimated frequency of responses: Occasionally, when a veteran or
servicemember changes her or his pursuit of a program of education,
unless the individual was a full-time student both before and after the
change.
Estimated average burden per collection: 5 minutes.
Estimated total annual reporting and recordkeeping burden: 52,230
hours of reporting burden. VA does not believe that there will be
additional recordkeeping burden.
The Department considers comments by the public on proposed
collections of information in--
Evaluating whether the proposed collections of information
are necessary for the proposed performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of
the burden of the proposed collections of information, including the
validity of the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected;
Minimizing the burden of the collections of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
OMB is required to make a decision concerning the proposed
collections of information contained in this proposed rule between 30
and 60 days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment on the proposed regulations.

Executive Order 12866

This proposed rule has been reviewed by OMB under Executive Order
12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs hereby certifies that this
proposed rule, if promulgated, would 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 adoption of the
proposed rule would have only minuscule effects on the activity of any
educational institution. Pursuant to 5 U.S.C. 605(b), this proposed
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 proposed 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 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: September 5, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set out above, 38 CFR part 21, subpart K, is
amended 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), 38 U.S.C. chs. 30, 36, unless
otherwise noted.

2. In Sec. 21.7154, paragraphs (a) and (b) are redesignated as
paragraphs (b) and (c), respectively; newly redesignated paragraph
(b)(2)(i) is amended by removing ``payment,'' and adding, in its place,
``payment;''; newly redesignated paragraph (b)(2)(ii) is amended by
removing ``period, and'' and adding, in its place, ``period; and'';
paragraph (a) is added, and the introductory text for the section, the
paragraph heading for newly redesignated paragraph (b), and newly
redesignated paragraph (b)(1) are revised, to read as follows:

Sec. 21.7154 Pursuit and absences.

Except as provided in this section, an individual must submit a
verification to VA each month of his or her enrollment during the
period for which the individual is to be paid. This verification shall
be in a form prescribed by the Secretary.
(a) Exceptions to the monthly verification requirement. An
individual does not have to submit a monthly verification as described
in the introductory text of this section when the individual--
(1) Is enrolled in a correspondence course;
(2) Has received a lump-sum payment for the training completed
during a month; or
(3) Has received an advance payment for the training completed
during a month.

(Authority: 38 U.S.C. 3034, 3684)

(b) Items to be reported on all monthly verifications. (1) The
monthly verification for all veterans and servicemembers will include a
report on the following items when applicable:
(i) Continued enrollment in and actual pursuit of the course;
(ii) The individual's unsatisfactory conduct, progress, or
attendance;
(iii) The date of interruption or termination of training;
(iv) Changes in the number of credit hours or in the number of
clock hours of attendance other than those described in
Sec. 21.7156(a);
(v) Nonpunitive grades; and
(vi) Any other changes or modifications in the course as certified
at enrollment.
* * * * *
3. In Sec. 21.7156, the introductory text and paragraph (a)
introductory text are removed; paragraphs (a)(1), (a)(2), (a)(3), (b),
and (c) are redesignated as paragraphs (b)(3), (b)(4), (b)(5), (c), and
(d), respectively; newly redesignated paragraph (c)(2) is amended by
removing ``(b)(1)'' and adding, in its place, ``(c)(1)''; and the
section heading is revised, paragraphs (a), (b)(1), and (b)(2) are
added, and newly redesignated paragraph (b)(3) is revised, to read as
follows:

Sec. 21.7156 Other required reports.

(a) Reports from veterans and servicemembers. (1) A veteran or
servicemember enrolled full time in a program of education for a
standard term, quarter, or semester must report without delay to VA:
(i) A change in his or her credit hours or clock hours of
attendance if that change would result in less than full-time
enrollment;

[[Page 48972]]

(ii) Any change in his or her pursuit that would result in less
than full-time enrollment; and
(iii) Any interruption or termination of his or her attendance.
(2) A veteran or servicemember not described in paragraph (a)(1) of
this section must report without delay to VA:
(i) Any change in his or her credit hours or clock hours of
attendance;
(ii) Any change in his or her pursuit; and
(iii) Any interruption or termination of his or her attendance.

(Authority: 38 U.S.C. 3680(g))

(b) Interruptions, terminations, or changes in hours of credit or
attendance. (1) Except as provided in paragraph (b)(2) of this section,
an educational institution must report without delay to VA each time a
veteran or servicemember:
(i) Interrupts or terminates his or her training for any reason; or
(ii) Changes his or her credit hours or clock hours of attendance.
(2) An educational institution does not need to report a change in
a veteran's or servicemember's hours of credit or attendance when:
(i) The veteran or servicemember is enrolled full time in a program
of education for a standard term, quarter, or semester before the
change;
(ii) The veteran or servicemember continues to be enrolled full
time after the change; and
(iii) The tuition and fees charged to the servicemember have not
been adjusted as a result of the change.

(Authority: 38 U.S.C. 3034, 3684)

(3) If the change in status or change in number of credit hours or
clock hours of attendance occurs on a day other than one indicated by
paragraph (b)(4) or (b)(5) of this section, the educational institution
will initiate a report of the change in time for VA to receive it
within 30 days of the date on which the change occurs.
* * * * *
[FR Doc. 97-24776 Filed 9-17-97; 8:45 am]
BILLING CODE 8320-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-24776. Public record. Not legal advice.