[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27853-27854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13526]


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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