Veterans Education: Increase in Rates Payable for Cooperative Training Under the Montgomery GI BillActive Duty

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ10

Veterans Education: Increase in Rates Payable for Cooperative

Training Under the Montgomery GI Bill--Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and

educational benefits regulations of the Department of Veterans Affairs

(VA). The Veterans' Benefits Act of 1997 provided a new statutory

formula for use in calculating the monthly rates of educational

assistance payable under the Montgomery GI Bill--Active Duty to someone

pursuing cooperative training. The new formula increases the monthly

rates of educational assistance, effective from October 9, 1996, for

veterans in cooperative training who were formerly eligible for

assistance under the Veteran Era GI Bill. This final document amends

the regulations to reflect the increased rates.

DATES: Effective Date: October 9, 1996

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education

Advisor, Education Service, Veterans Benefits Administration, (202)

273-7187.

SUPPLEMENTARY INFORMATION: VA is amending the ``ALL VOLUNTEER FORCE

EDUCATIONAL ASSISTANCE PROGRAM (MONTGOMERY GI BILL--ACTIVE DUTY)''

regulations set forth at 38 CFR Part 21, Subpart K. VA is required by

statute to calculate the monthly rate of educational assistance payable

to veterans and servicemembers training under the Montgomery GI Bill--

Active Duty (MGIB). The calculation is based on statutory formulas.

Effective October 9, 1996, Pub. L. 105-114 changed the statutory

formula used to determine the monthly rate of educational assistance

under the MGIB payable to a veteran in cooperative training who was

formerly eligible for assistance under the Vietnam Era GI Bill. This

final rule revises the regulations containing the monthly rate of

educational assistance payable to such a veteran to reflect the new

statutory formula.

The changes set forth in this final rule are applied from the

effective date of the statutory changes.

This final rule merely reflects statutory requirements and

adjustments made based on the newly established formula. Accordingly,

there is a basis for dispensing with prior notice and comment and

delayed effective date provisions of 5 U.S.C. 552 and 553.

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 and does not directly affect small

entities. 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

[[Page 27854]]

analyses requirements of sections 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, 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: May 12. 1998.

Togo D. West, Jr.,

Secretary.

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 continues to read

as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 39, unless otherwise

noted.

2. In Sec. 21.7137, paragraph (a)(3) is revised to read as follows:

Sec. 21.7137 Rates of payment of basic educational assistance for

individuals with remaining entitlement under 38 U.S.C. ch. 34.

(a) * * *

(3) The monthly rate payable to a veteran who is pursuing a

cooperative course is the rate stated in the following table:

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Monthly rate

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Additional

Training period No One Two for each

dependents dependent dependents additional

dependent

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Oct. 9, 1996-Sept. 30, 1997................................. $615.87 $651.37 $682.87 $16.00

On or after Oct. 1, 1997.................................... 627.85 663.85 694.85 16.00

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(Authority: 38 U.S.C. 3015)

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[FR Doc. 98-13526 Filed 5-20-98; 8:45 am]

BILLING CODE 8320-01-P