Veterans Education: Reduction in Required Reports

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI58

Veterans Education: Reduction in Required Reports

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). It changes 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. These changes will streamline the

operation of this program, and reduce the information collection burden

for this program, while maintaining the program's integrity.

DATES: Effective Date: April 23, 1998.

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

Advisor, Education Service, Veterans Benefits Administration, 202-273-

7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal

Register on September 18, 1997 (62 FR 48969), VA proposed to amend the

``All Volunteer Force Educational Assistance Program (Montgomery GI

Bill--Active Duty)'' regulations set forth at 38 CFR part 21, subpart

K. We proposed to reduce the number of reports required of a veteran

pursuing a program of education under the Montgomery GI Bill--Active

Duty (MGIB), and also to reduce the number of reports that an

educational institution has to make to VA if it has veterans enrolled

under the MGIB. In summary, a veteran would no longer have to submit a

monthly verification of pursuit of a program of education if he or she

either received an advance payment covering that month or received a

lump sum payment for that month. In addition, neither the veteran nor

the educational institution would have to report to VA if the veteran

is enrolled as a full-time student for a standard term, and either

increases or decreases the number of credit hours being pursued without

changing his or her full-time student status.

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 adopting the provisions of the proposed rule as a

final rule.

Paperwork Reduction Act of 1995

Information collection and recordkeeping requirements associated

with this final rule concerning requirements that in certain instances

a veteran pursuing a program of education under the MGIB must verify

pursuit monthly, in 38 CFR 21.7154 and 21.7156(a), have been approved

by the Office of Management and Budget (OMB) under the provisions of

the Paperwork Reduction Act (44 U.S.C. 3501-3520) and have been

assigned OMB control number 2900-0465.

Furthermore, information collection and recordkeeping requirements

associated with this final rule concerning requirements for reporting

changes in enrollment, which require that in most instances both

veterans and educational institutions must report to VA without delay

interruptions, terminations, or changes in hours of credit or

attendance, in 38 CFR 21.7156(b), have been approved by OMB under the

provisions of the Paperwork Reduction Act and have been assigned OMB

control number 2900-0156.

OMB assigns control numbers to collections of information it

approves. VA may not conduct or sponsor, and a

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person is not required to respond to, a collection of information

unless it displays a currently valid OMB control number. The valid OMB

control number assigned to each collection of information in this final

rule is displayed at the end of each affected section of the

regulations.

Regulatory Flexibility Act

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 will have only

minuscule effects on the activity of any educational institution.

Pursuant to 5 U.S.C. 605(b), this final rule, therefore, 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, 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: March 17, 1998.

Togo D. West, Jr.,

Acting 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, 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, a parenthetical at the end of the section 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.

* * * * *

(The information collection requirements in this section have been

approved by the Office of Management and Budget under control number

2900-0465.)

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, a parenthetical at the end of the section is 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;

(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.

* * * * *

(The information collection requirements in paragraphs (a) and (b)

of this section have

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been approved by the Office of Management and Budget under control

numbers 2900-0465 and 2900-0156, respectively.)

[FR Doc. 98-7648 Filed 3-23-98; 8:45 am]

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