[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40279-40280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19728]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI34


Veterans Education: Approval of Training by Independent Study, 
Including Television

AGENCIES: Department of Defense, Department of Transportation (Coast 
Guard), and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and 
educational benefit regulations of the Department of Veterans Affairs 
(VA). It updates the definition of independent study; makes changes to 
reflect statutory provisions; updates authority citations; and makes 
other changes for purposes of clarification.

DATES: Effective: This final rule is effective July 28, 1997.
    Applicability: Certain of the statutory interpretations, 
restatements of statute, and changes in authority citations contained 
in this final rule will be applied retroactively from the effective 
date of the statutory provisions. For more information concerning the 
dates of application of the provisions of this final rule, see the 
SUPPLEMENTARY INFORMATION section.

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 amends 38 CFR part 21, which 
contains VA educational assistance and educational benefit regulations.
    Prior to the enactment of section 104 of the Veterans' Benefits 
Improvements Act of 1996 (Pub. L. 104-275), an individual's enrollment 
in an open-circuit television course was permitted for VA educational 
benefit purposes, only if the course were offered as an integral part 
of a residence program leading to a standard college degree. The 
regulations retain the requirement that an open-circuit television 
course lead to a standard college degree, but Pub. L. 104-275 removed 
the requirement that an open-circuit television course must be pursued 
as a part of a residence program. Accordingly, 38 CFR 21.4233, 21.7112, 
and 21.7612 are amended to reflect this statutory change. With these 
changes, open-circuit television training is treated as independent 
study.
    Under 38 U.S.C. 3680A, educational assistance is provided to 
veterans enrolled in independent study programs. A definition of 
``independent study'' is set forth at 38 CFR 21.4267. This definition 
was intended to interpret the statutory term ``independent study.'' The 
definition necessitates interaction between the student and the 
faculty. Previously, Sec. 21.4267 provided that such interaction could 
be by mail, by telephone, or in person. The definition, however, was 
not intended to restrict the use of other available means of 
communication. Accordingly, the definition of ``independent study'' is 
changed to include the use of modern communication technologies for the 
necessary interaction between faculty and student.
    38 U.S.C. 3672 provides for State approving agencies to approve 
courses for VA training. This includes courses offered by independent 
study. The regulations at Sec. 21.4267 are amended to reflect these 
statutory provisions.
    Other changes are also made for the purpose of clarity and to 
reflect current authority citations.
    The statutory interpretations and restatements of statute contained 
in this final rule and changes in authority citations to reflect 
statutory amendments will be applied retroactively from the effective 
dates of the statutory provisions. The changes to paragraphs amended 
solely for purposes of clarification will not be applied retroactively. 
Accordingly, the dates of application for the provisions covered by 
this document are as follows: October 9, 1996: Secs. 21.4233(c); 
21.4267(a); 21.4267(b)(2); 21.7112; and 21.7612. July 28, 1997: 
Subparts D and K authority citations; Secs. 21.4233(d); 
21.4267(b)(1)(i); and 21.4267(f).
    This document consists of restatements of statute, interpretive 
rules, updates to authority citations, and changes for purpose of 
clarification. Therefore, 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 Department of Defense (DOD), the Department of Transportation 
(Coast Guard), and VA are jointly issuing this final rule insofar as it 
relates to the Montgomery GI Bill--Selected Reserve. This program is 
funded by DOD and the Coast Guard, and is administered by VA. The 
remainder of this final rule is issued solely by VA.
    The Secretary of Defense, Commandant of the Coast Guard, and 
Secretary of Veterans Affairs hereby certify 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 not cause educational institutions 
to make significant changes in their activities and will not have 
discernible monetary effects. Pursuant to 5 U.S.C. 605(b), this final 
rule, therefore, is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.
    The Catalog of Federal Domestic Assistance numbers for programs 
affected by this final rule are 64.117, 64.120, and 64.124. The final 
rule also affects the Montgomery GI Bill--Selected Reserve for which 
there is no Catalog of Federal Domestic Assistance number.

[[Page 40280]]

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: April 25, 1997.
Jesse Brown,
Secretary of Veterans Affairs.

    Approved: July 7, 1997.
Normand G. Lezy,
Lieutenant General, USAF, Deputy Assistant Secretary (Military 
Personnel Policy).

    Approved: June 13, 1997.
Alan M. Steinman,
Assistant Commandant for Human Resources Acting.

    For the reasons set forth in the preamble, 38 CFR part 21 (subparts 
D, K, and L) are amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

    1. The authority citation for part 21, subpart D, is revised to 
read as follows:

    Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 
34, 35, 36, unless otherwise noted.

    2. In Sec. 21.4233, paragraph (d) is amended by removing ``a 
veteran or other'' and adding, in its place, ``an''; and paragraph (c) 
is revised to read as follows:


Sec. 21.4233  Combination.

* * * * *
    (c) Television. (1) A course offered by open-circuit television is 
an independent study course. In order for an eligible person to receive 
educational assistance while pursuing such a course, the course must 
meet all the requirements for independent study found in Sec. 21.4267.

(Authority: 38 U.S.C. 3523, 3680A)
* * * * *
    3. In Sec. 21.4267, the authority citations for paragraphs (a) and 
(b), and paragraph (b)(1)(i) are revised, and paragraph (f) is added to 
read as follows:


Sec. 21.4267  Approval of independent study.

    (a) * * *

(Authority: 38 U.S.C. 3014, 3523, 3672, 3676(e), 3680A(a))

    (b) * * *
    (1) * * *
    (i) It consists of a prescribed program of study with provision for 
interaction between the student and the regularly employed faculty of 
the institution of higher learning. The interaction may be personally 
or through use of communications technology, including mail, telephone, 
videoconferencing, computer technology (to include electronic mail), 
and other electronic means;
* * * * *
(Authority: 38 U.S.C. 3523, 3676(e), 3680A(a))
* * * * *
    (f) Course approval. A State approving agency may approve a course 
offered by independent study or a combination of independent study and 
resident training only if--
    (1) The course is accredited and leads to a standard college 
degree; and
    (2) The course meets the requirements of Sec. 21.4253.

(Authority: 38 U.S.C. 3672, 3675, 3680A(a)(4))

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

    4. The authority citation for subpart K is revised to read as 
follows:

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

    5. In Sec. 21.7112, paragraph (c) is revised to read as follows:


Sec. 21.7112  Programs of education combining two or more types of 
courses.

* * * * *
    (c) Television. In determining whether a veteran or servicemember 
may pursue all or part of a program of education under 38 U.S.C. 
chapter 30 by television, VA will apply the provisions of 
Sec. 21.4233(c).

(Authority: 38 U.S.C. 3034(a))

    6. In Sec. 21.7612, paragraph (b) is revised to read as follows:


Sec. 21.7612  Programs of education combining two or more types of 
courses.

* * * * *
    (b) Television. In determining whether a reservist may pursue all 
or part of a program of education by television, VA will apply the 
provisions of Sec. 21.4233(c).

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680A)

[FR Doc. 97-19728 Filed 7-25-97; 8:45 am]
BILLING CODE 8320-01-P