Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29297

reasonable probability of stable, longterm employment and such training

must be provided for a period of not less

than 6 months.

* * * * *

(4) If a job training program requires

more than 18 months (or the equivalent

in training hours) of training to

complete, the period of training

approvable for purposes of this subpart

will be limited to the first 18 months (or

the equivalent in training hours) of

training under that program, or a period

of training not to exceed 18 months (or

the equivalent in training hours) from

the point at which the eligible person

enters the program in the case where the

employer grants credit for prior training.

(See § 21.4832(a)(3)).

(Authority: 10 U.S.C. 1143 note; sec. 4481–

4497, Pub. L. 102–484, 106 Stat. 2757–2769,

as amended by sec. 610, Pub. L. 103–446, 108

Stat. 4673–4674)

* * * * *

14. In § 21.4830, paragraph (b)(2) is

revised to read as follows:

§ 21.4830 Entrance into training.

* * * * *

(b) * * *

(2) The eligible person may enter the

job training program on or after the date

the notice of intent to hire described in

paragraph (a) of this section is

submitted to VA. However, VA may not

provide assistance to the employer if,

within two weeks after the date on

which the notice of intent to hire is

transmitted to VA, VA disapproves the

eligible person’s entry into that program

due to a lack of funds.

* * * * *

15–16. In § 21.4832, paragraph (d)(1)

introductory text is revised to read as

follows:

§ 21.4832 Payments to employers.

* * * * *

(d) Limitations on amount of

payments. (1) In no case will the sum

of the periodic payments and the lumpsum payment made to an employer for

all programs of training that an eligible

veteran may pursue with that employer

exceed:

* * * * *

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

17. 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.

18. In § 21.7020, paragraph (b)(29) is

revised and paragraph (b)(43) is added,

to read as follows:

§ 21.7020 Definitions.

* * * * *

(b) * * *

(29) School, educational institution,

institution. The terms school,

educational institution, and institution

mean—

(i) Any vocational school,

correspondence school, business school,

junior college, teachers’ college, college,

normal school, professional school,

university or scientific or technical

institution;

(ii) Any public or private elementary

school or secondary school which offers

courses for adults, provided that the

courses lead to an objective other than

an elementary school diploma, a high

school diploma or their equivalents; and

(iii) An entity, during the period

beginning on November 2, 1994, and

ending on September 30, 1996, other

than an institution of higher learning,

that provides training required for

completion of a State-approved

alternative teacher certification

program.

(Authority: 38 U.S.C. 3002(8), 3452(c); Pub.

L. 98–525, Pub. L. 103–446)

* * * * *

(43) Alternative teacher certification

program. The term alternative teacher

certification program, for the purposes

of determining whether an entity

offering such a program is a school,

educational institution or institution as

defined in paragraph (b)(29)(iii) of this

section, means a program leading to a

teacher’s certificate that allows

individuals with a bachelor’s degree or

graduate degree to obtain teacher

certification without enrolling in an

institution of higher learning.

(Authority: 38 U.S.C. 3452(c))

19. In § 21.7045, paragraph (a)(1),

paragraph (b), introductory text, and the

authority citations for paragraphs (a)

and (b) are revised, to read as follows:

§ 21.7045 Eligibility based on involuntary

separation or voluntary separation.

* * * * *

(a) * * *

(1) The individual—

(i) If not a member of the Coast Guard,

must be on active duty or full-time

National Guard duty either on

September 30, 1990, or after November

29, 1993, or if a member of the Coast

Guard, must be on active duty after

September 30, 1994, and

(ii) After February 2, 1991, must be

involuntarily separated, as that term is

defined in 10 U.S.C. 1141, with an

honorable discharge; or

* * * * *

(Authority: 10 U.S.C. 1141; 38 U.S.C. 3018A)

(b) Additional requirements for those

individuals voluntarily separated after

October 23, 1992, or involuntarily

separated. An individual who meets the

requirements of paragraph (a)(1) of this

section; or an individual who meets the

requirements of paragraph (a)(2) of this

section and who either was not a

member of the Coast Guard and was

separated after October 22, 1992, or who

was a member of the Coast Guard and

was separated after September 30, 1994,

must meet the following additional

requirements in order to establish

eligibility for educational assistance:

* * * * *

(Authority: 38 U.S.C. 3018B)

* * * * *

§ 21.7120 [Amended]

20. In § 21.7120, paragraph

(c)(1)(ii)(D) is amended by removing

‘‘and before October 1, 1994’’.

[FR Doc. 96–14363 Filed 6–7–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AE43

Educational Assistance for Members

of the Selected Reserve

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations for the Montgomery GI

Bill—Selected Reserve program to

reflect statutory changes by adding for

certain reservists new types of

permissible training such as

apprenticeship and other on-job

training, cooperative training, and flight

training; by liberalizing the eligibility

provisions; and by increasing the rates

of payment. The regulations are also

amended by adding additional

restatements of statute, interpretive

rules, and nonsubstantive changes.

DATES: Effective Date: This final rule is

effective June 10, 1996.

Applicability Dates: The restatements

of statute and VA’s statutory

interpretations contained in this final

rule will be applied retroactively from
29298 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

the effective dates of the statutory

provisions. For more information

concerning the 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, Department of Veterans

Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on September 2, 1994 (59 FR

45644), the Department of Defense, the

Department of Transportation (Coast

Guard), and the Department of Veterans

Affairs proposed to amend the

‘‘Educational Assistance for Members of

the Selected Reserve’’ regulations which

are set forth at 38 CFR § 21.7500 et seq.

It was proposed to amend the

regulations to implement provisions of

the Veterans Education and

Employment Amendments of 1989

(Title IV of Pub. L. 101–237), the

National Defense Authorization Act for

Fiscal Years 1990 and 1991 (Pub. L.

101–189), and the Veterans Education

and Employment Programs

Amendments (Pub. L. 102–16) that

affected the Montgomery GI Bill—

Selected Reserve program. Interested

persons were given 60 days to submit

comments. One comment was received.

The comment, signed by six students at

a university, urged that the proposed

rule be adopted.

Based on the rationale set forth in the

proposed rule document, we are

adopting the provisions of the proposed

rule as a final rule, except as otherwise

explained below.

Prior to the effective date of this

document, as a prerequisite for VA

educational assistance, reservists in

courses not leading to a standard college

degree were required to submit to VA a

monthly report endorsed by the

educational institution stating each day

of absence from scheduled attendance.

The proposed rule would have deleted

such requirements for reservists in a

course not leading to a standard college

degree. We are adopting this portion of

the proposal. It was proposed with

certain exceptions to establish new

reporting requirements for reservists

both in courses leading to a standard

college degree and in courses not

leading to a standard college degree. In

this regard, it was proposed to require

all reservists other than those in flight

training or correspondence courses to

submit a verification (without

endorsement of educational institutions)

of continued pursuit of the reservist’s

program of education before monthly

benefits were paid. The proposed

provisions concerning verification of

pursuit are not adopted for reservists in

courses leading to a standard college

degree but are adopted for reservists in

courses (other than flight or

correspondence courses) not leading to

a standard college degree. Experience in

similar programs has shown that

because of frequent changes in

enrollment it is necessary to continue to

obtain monthly reports from the small

percentage of reservists in courses not

leading to a standard college degree.

However, the proposed provisions

concerning verification of pursuit for

reservists in courses leading to a

standard college degree are not adopted

because VA simply does not have

resources at this time to process the

verifications.

Restatements of Statutory Provisions

and Other Conforming Changes

Changes are made to the final rule to

include restatements of statutes and

other conforming changes as follows:

1. Section 21.7636 is amended to

reflect that the Persian Gulf

Supplemental Authorization and

Personnel Benefits Act of 1991 (Pub. L.

102–25), the Veterans’ Benefit Act of

1992 (Pub. L. 102–568), and the

Omnibus Budget Reconciliation Act of

1993 (Pub. L. 103–66) changed the

monthly rates of educational assistance

payable to reservists beginning October

1, 1991, for training full time, three

quarters time, and half time under the

Montgomery GI Bill—Selected Reserve

program. Section 21.7636 is also

amended by making corresponding

changes for training one quarter time,

which under the regulations is one

quarter the amount of full time.

2. Sections 21.7540, 21.7622,

21.7635(r), and 21.7639 (f) and (k) are

amended to reflect that Public Law 101–

189 added with respect to training that

may be pursued under the Montgomery

GI Bill—Selected Reserve program

certain liberalizing provisions that it

applied only to a reservist who, after

September 30, 1990, makes a new

commitment to serve six years in the

Selected Reserve. Accordingly, those

sections of the regulations are amended

to reflect that such a reservist, if

otherwise eligible, may pursue under

the Montgomery GI Bill—Selected

Reserve program: a course that is offered

by an educational institution which is

not an institution of higher learning; a

correspondence course; a program of

education leading to a standard college

degree offered solely by independent

study; a refresher, remedial, or

deficiency course; a cooperative course;

an apprenticeship or other on-job

training; and a flight course.

3. Section 21.7576 is amended to

reflect the provisions in Public Law

101–189 concerning how VA will apply

entitlement charges to flight training,

correspondence training, cooperative

training, and apprenticeship or other

on-job training.

4. Changes are made to

§§ 21.7540(b)(3)(iii), 21.7620(c),

21.7622(f)(vi), and 21.7722 to reflect

that Public Law 102–568 changed the

provisions with respect to approval for

VA educational assistance to add a

requirement that an independent study

program must be accredited, except that

such requirement is not added for a

reservist who, as of October 29, 1992,

was receiving educational assistance for

pursuit of an independent study

program, and who has remained

continuously enrolled in that program.

5. Sections 21.7631(a) and 21.7642(e)

are amended to reflect that the National

Defense Authorization Act for Fiscal

Year 1993 (Public Law 102–484)

provides that a reservist who enters a

program of job training under the

Service Members Occupational

Conversion and Training Act of 1992

(SMOCTA) is barred from receiving

educational assistance under the

Montgomery GI Bill—Selected Reserve

program for the same period for which

SMOCTA assistance is paid.

6. Section 21.7635(a) is amended to

reflect that Public Law 102–568

provides that when a reservist receives

an advance payment of educational

assistance and dies during the period

covered by the advance payment, the

ending date of educational assistance is

the last date of the advance payment

period.

7. Section 21.7639(a) is amended to

reflect that Public Law 101–237

repealed certain provisions concerning

payment reductions resulting from

excessive absences.

8. Section 21.7639 (f)(1) and (2) is

amended to reflect that Public Law 102–

568 repealed certain provisions

concerning the rate of payment for a

program pursued in whole or in part by

independent study.

9. Section 21.7645(e) is amended to

reflect that Public Law 102–568 limits

work-study advance payments to 50

times the hourly wage specified in the

work-study contract for reservists

eligible for educational assistance under

the Montgomery GI Bill—Selected

Reserve program who participate in

VA’s work-study program.

10. Section 21.7672 is amended to

reflect that Public Law 102–568 revised

the course measurement provisions that

determine whether a reservist’s
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29299

enrollment under the Montgomery GI

Bill—Selected Reserve program is full

time, three-quarter time, half time, or

one-quarter time.

11. Section 21.7722 is amended to

reflect that Public Law 102–568

specifically allows approval of certain

courses for training an individual to

become a nurse’s aide.

12. Sections 21.7540(b), 21.7620(d),

21.7622(f), 21.7670, and 21.7722 are

amended to reflect that Public Law 103–

160 makes graduate training available

under the Montgomery GI Bill—

Selected Reserve program.

13. Section 21.7520(b) is amended to

reflect that Public Law 103–446

contains a provision that requires any

entity offering an alternative teacher

certification program to be considered to

be an educational institution for VA

purposes during the period beginning

on November 2, 1994, and ending on

September 30, 1996.

14. Section 21.7520(b) is amended to

reflect that Public Law 103–446

prohibits VA from supervising the State

approving agencies (SAAs) that approve

courses for VA training.

Interpretations

As discussed above, Public Law 102–

568 provides that the prohibition

against VA payment of educational

assistance for nonaccredited

independent study programs does not

apply to a reservist who, as of October

29, 1992, was receiving educational

assistance for pursuit of an independent

study program, and who has remained

continuously enrolled in that program.

This document adds a definition of

‘‘continuously enrolled’’ as meaning

being in an enrolled status at an

educational institution for each day

during the ordinary school year and for

consecutive school years. In this regard,

continuity of enrollment is not

considered broken by holiday vacations,

vacation periods, periods during the

school year between terms, quarters, or

semesters, or by nonenrollment during

periods of enrollment outside the

ordinary school year (e.g., summer

sessions). We believe this is consistent

with its common meaning and the

congressional intent. We have also

provided in § 21.7620(c)(4) that whether

or not a reservist is ‘‘enrolled’’ will be

determined by the regularly prescribed

standards and practices of the

educational institution offering the

course or unit subject. Further, in

determining whether payment may be

made for a nonaccredited course or unit

subject offered entirely or partly by

independent study, we interpret the

term ‘‘independent study program’’,

consistently with the definition of

independent study found in § 21.4267,

to mean a course or unit subject that is

offered entirely or partly by

independent study as well as an entire

program of education of which such

nonaccredited course or unit subject is

a required part. We believe that our use

of the terms ‘‘enrolled’’ and

‘‘independent study program’’ are

consistent with congressional intent.

Public Law 102–484 provided

exceptions to the general rule that on

the date a reservist ceases to be in the

Selected Reserve, the reservist loses

eligibility for educational assistance

under the Montgomery GI Bill—

Selected Reserve program. However, as

noted above, these exceptions do not

apply to a reservist who ceases to be a

reservist because the Secretary of a

military department needs to reduce the

number of members in certain grades or

who have completed a certain number

of years of service, or the number of

members who possess certain military

skills or are serving in designated

competitive categories. For such a

reservist, VA will determine which of

the rules concerning the ending dates of

eligibility apply to the reservist. (For

example, the rules concerning discharge

for disability, leaving the Selected

Reserves in the middle of a school term,

etc., may apply to such a reservist). In

this regard, § 21.7550 is amended to

provide that if more than one rule

applies, VA will apply the one that is

the most advantageous to the reservist.

We believe that this interpretation is in

agreement with congressional intent.

Public Law 102–568 sets forth criteria

for measuring full-time enrollment for

trade courses, technical courses, and

undergraduate courses. These courses

are measured by the educational

institution on either a clock-hour or a

credit-hour basis. The current

regulations already set forth formulas

for converting clock hours into credit

hours, and vice versa. In our view, the

provisions of Public Law 102–568

require that all hours be measured

consistent with the statutory

measurement criteria applicable to the

primary institution. Accordingly, the

regulations at § 21.7673 are amended to

reflect this requirement.

As noted above, Public Law 103–446

contains a provision that requires any

entity offering an alternative teacher

certification program to be considered to

be an educational institution for VA

purposes during the period beginning

on November 2, 1994, and ending on

September 30, 1996. This final rule

defines ‘‘alternative teacher certification

program’’ as follows:

The term alternative teacher certification

program, for the purposes of determining

whether an entity offering such a program is

a school, educational institution, or

institution [as elsewhere defined in this

section], means a program leading to a

teacher’s certificate that allows individuals

with a bachelor’s degree or graduate degree

to obtain teacher certification without

enrolling in an institution of higher learning.

We believe this is consistent with the

congressional intent.

As noted above, under the provisions

of Public Law 102–568 payments of

educational assistance could under

certain circumstances be terminated for

reservists enrolled in a nonaccredited

independent study course. This

document provides that educational

assistance would terminate from the

date the course loses accreditation. VA

believes that usually the State approving

agency would make its date of

withdrawal of approval effective on the

date of the loss of accreditation. Rather

than have VA continue to pay benefits

to someone while waiting for a State

approving agency to act, only to have

those payments become an overpayment

when the SAA formally withdraws

approval retroactively to the effective

date of the loss of accreditation, this

final rule provides that the effective date

of termination of payment of

educational assistance for pursuit of

such a course is the date on which the

course loses its accreditation. VA

believes this approach accords with the

intent of the statutory prohibition

concerning payment for nonaccredited

independent study courses.

Other Nonsubstantive Changes

Further, this final rule makes

nonsubstantive changes to correct

typographical errors, to clarify

provisions, and to update legal citations.

Dates of Application

Restatements of statute and statutory

interpretations made by this final rule

will be applied retroactively from the

effective dates of the statutory

provisions. The dates of application for

such changes and for certain of the

nonsubstantive changes made for

clarity, to correct typographical errors,

or to reflect statutory recodification

changes are as follows:

December 18, 1989: §§ 21.7639(a);

21.7640(a)(2); 21.7642 (a)(7), (a)(8),

and (a)(9); 21.7653; 21.7654; and

21.7672(d).

May 1, 1990: § 21.7645 (a), (b), (c), (d),

(e)(1), (f), (g), and (h).

September 30, 1990:

§§ 21.7520(b)(19)(i)(E); 21.7576 (a)(1),

(b)(5), and (b)(7); 21.7620 (b)(1)(i),

(b)(1)(ii)(A), (B), (C), and (D), and (2);
29300 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

21.7639(i); 21.7640(a)(5); and

21.7670(b).

October 1, 1990: §§ 21.7520 (b)(1),

(b)(17), (b)(19)(i)(A), (B), (C), and (D),

and (ii), (b)(20), (b)(23)(i), (ii), and

(iii), (b)(30), (b)(31), and (b)(32);

21.7540 (a) and (b); 21.7576 (a)(2),

(a)(3), (a)(4), (b)(1), (b)(2), (b)(3), (b)(4),

and (b)(6); 21.7612; 21.7622 (f)(1),

(f)(2), (f)(4)(i), (ii), (iii), (iv), and (v);

21.7624; 21.7631(a)(1) and headings

for paragraphs (b) and (c); 21.7635

(b)(3), (b)(4), (b)(5), and (r);

21.7636(a)(2)(ii) and (b); 21.7639(f),

(g), (h), (j), and (k); 21.7640 (a)(1),

(a)(3), (a)(4), and (b)(1); 21.7674;

21.7700(a); 21.7720 (a) and (b);

21.7722 (a)(1) and (a)(2); and

21.7722(b).

October 23, 1992: §§ 21.7550;

21.7631(g); 21.7635 (w) and (x);

21.7642(e)(2); and 21.7700(f).

October 29, 1992: §§ 21.7520 (b)(11) and

(b)(34); 21.7620(c); 21.7622(f)(4)(vi);

21.7635 (a) and (v); 21.7645(e)(2);

21.7670(f); 21.7700(g); 21.7722(a)(3);

and the removal of § 21.7670(d).

July 1, 1993: §§ 21.7672 (b)(1), (b)(3),

(b)(4), (b)(5), (c), (e), and (f); and

21.7673.

November 30, 1993: §§ 21.7620(d);

21.7622(f)(3); 21.7670, heading and

introductory text; and 21.7622,

introductory text and the removal of

§ 21.7722, introductory text, and

paragraphs (c), (d), (e), (f), (g), (h) (i),

(j), (k), (l), (m), (n), and (o).

October 1, 1994: § 21.7620(b)(1)(ii)(E).

November 2, 1994: §§ 21.7520(b)(23)(iv)

and (b)(35); and 21.7700, introductory

text.

The effective date for § 21.7636(a)(1)

and (a)(3) is June 10, 1996. However, VA

will apply the rates stated in those

paragraphs retroactively to training

completed in the past as stated in those

paragraphs.

The amendments to the following are

for clarification and for the purpose of

eliminating typographical errors, or are

authority citations: §§ 21.7639 section

heading, (b)(1), and (e); 21.7642(a)(6);

and 21.7700, authority citation. The

effective date of these provisions is June

10, 1996.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act, the information

collection or recordkeeping

requirements included, in whole or in

part, in this final rule have been

approved by the Office of Management

and Budget (OMB) under OMB control

numbers 2900–0073, 2900–0552, and

2900–0553 (see §§ 21.7640, 21.7653, and

21.7654).

As noted above, the proposed

reporting requirements for verification

of pursuit, which were approved under

OMB control number 2900–0553, are

not adopted for reservists in courses

leading to a standard college degree.

The reporting burden per response will

not change. However, fewer reservists

will be required to report.

Under the Paperwork Reduction Act

of 1995, no persons are required to

respond to a collection of information

unless it displays a valid OMB control

number. The valid OMB control

numbers assigned to the collections of

information in these final regulations

are displayed at the end of the affected

sections of the regulations.

Administrative Procedure Act

In addition to the adoption of

provisions based on the proposed rule,

this final rule consists of changes not

subject to the notice and comment

provisions of 5 U.S.C. 553, i.e.,

interpretive rules and nonsubstantive

changes.

Regulatory Flexibility Act

The Secretary of Defense, the

Commandant of the Coast Guard, and

the 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 in large part directly affects

only individuals. Although it is possible

that a small-entity (small-entity school)

could be affected by this rulemaking,

the number of individuals affected at

the school would in all likelihood be an

insignificant portion of the student

body. Pursuant to 5 U.S.C. 605(b), this

final rule, therefore, is exempt from the

initial and final regulatory flexibility

analyses requirements of §§ 603 and

604.

Catalog of Federal Domestic Assistance

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this final rule.

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: May 17, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: May 29, 1996.

Al H. Bemis,

Deputy Assistant Secretary of Defense for

Reserve Affairs (M&P).

Approved: May 31, 1996.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Director of

Reserve and Training.

For the reasons set out in the

preamble, 38 CFR part 21 (subpart L) is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart L—Educational Assistance for

Members of the Selected Reserve

1. The authority citation for part 21,

subpart L is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501, ch. 36, unless otherwise noted.

2. In § 21.7520, paragraph (b)(11) is

amended by removing ‘‘§ 21.4280(c)’’

and adding, in its place, ‘‘§ 21.4267(b)’’;

and paragraphs (b)(1), (b)(17), (b)(19),

(b)(20), and (b)(23) are revised, and

paragraphs (b)(30), (b)(31), (b)(32),

(b)(33), and (b)(35) are added, to read as

follows:

§ 21.7520 Definitions.

* * * * *

(b) Other definitions. (1) Attendance.

The term attendance means the

presence of a reservist—

(i) In the class where the approved

course in which he or she is enrolled is

taught;

(ii) At a training establishment; or

(iii) In any other place of instruction,

training, or study designated by the

educational institution or training

establishment where the reservist is

enrolled and is pursuing a program of

education.

(Authority: 10 U.S.C. 2131(c)(1), 2136(b); 38

U.S.C. 3474; sec. 705(a)(1), Pub. L. 98–525,

98 Stat. 2565, 2567; sec. 642, Pub. L. 101–

189, 103 Stat. 1456–1458)

* * * * *

(17) Program of education. A program

of education—

(i) Is any unit course or subject or

combination of unit courses or subjects

pursued by a reservist at an educational

institution, required by the

Administrator of the Small Business

Administration as a condition to

obtaining financial assistance under the

provisions of 15 U.S.C. 636; or

(ii) Is a combination of subjects or

unit courses pursued at an educational

institution, which combination is
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29301

generally accepted as necessary to meet

requirements for a predetermined

educational, professional, or vocational

objective. It may consist of subjects or

courses which fulfill requirements for

more than one objective if all objectives

pursued are generally recognized as

being related to a single career field; and

(iii) Includes an approved full-time

program of apprenticeship or of other

on-job training.

(Authority: 10 U.S.C. 2131; 38 U.S.C. 3452(b);

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; secs. 642(a), (b), (d), 645, Pub. L. 101–

189, 103 Stat. 1456–1458)

* * * * *

(19) Pursuit.

(i) The term pursuit means work,

while enrolled, toward the objective of

a program of education. This work must

be in accordance with approved

institutional policy and regulations, and

with applicable criteria of 10 U.S.C. and

38 U.S.C.; must be necessary to reach

the program’s objective; and must be

accomplished through—

(A) Resident courses;

(B) Independent study;

(C) Correspondence courses;

(D) An apprenticeship or other on-job

training program; or

(E) Flight courses.

(Authority: 10 U.S.C 2131, 2136; 38 U.S.C.

3680(g); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; secs. 642, 645, Pub. L. 101–

189, 103 Stat. 1456–1458)

(ii) VA will consider a reservist who

qualifies for payment during an interval,

school closing, or holiday vacation to be

in pursuit of a program of education

during the interval, school closing, or

holiday vacation.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C.

3680(g); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101–

189, 103 Stat. 1457–1458)

(20) Refresher course. The term

refresher course means either:

(i) A course at the elementary or

secondary level to review or update

material previously covered in a course

that has been satisfactorily completed;

or

(ii) A course which permits an

individual to update knowledge and

skills or be instructed in the

technological advances which have

occurred in the reservist’s field of

employment since his or her entry on

active duty and which is necessary to

enable the individual to pursue an

approved program of education.

(Authority: 10 U.S.C. 2131(b), (c); sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565; secs.

642(a), (b), (d), 645(a), (b), Pub. L. 101–189,

103 Stat. 1456–1458))

* * * * *

(23) School, educational institution,

institution. The terms school,

educational institution, and institution

mean:

(i) A vocational school or business

school;

(ii) A junior college, teachers’ college,

college, normal school, professional

school, university, or scientific or

technical institution;

(iii) A public or private elementary

school or secondary school which offers

courses for adults, provided that the

courses lead to an objective other than

an elementary school diploma, a high

school diploma, or their equivalents; or

(iv) Any entity, during the period

beginning on November 2, 1994, and

ending on September 30, 1996, other

than an institution of higher learning,

that provides training required for

completion of a State-approved

alternative teacher certification

program.

(Authority: 10 U.S.C. 2131(a), (c); 38 U.S.C.

3002, 3452; sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565; sec. 642(a), (b), (d), Pub. L. 101–

189, 103 Stat. 1456–1458)

* * * * *

(30) Cooperative course. The term

cooperative course means a full-time

program of education which consists of

institutional courses and alternate

phases of training in a business or

industrial establishment with the

training in the business or industrial

establishment being strictly

supplemental to the institutional

portion.

(Authority: 10 U.S.C. 2131(e); 38 U.S.C. 3686;

sec. 642(b), (d), Pub. L. 101–189, 103 Stat.

1456–1458)

(31) Established charge. The term

established charge means the lesser of—

(i) The charge for the correspondence

course or courses determined on the

basis of the lowest extended time

payment plan offered by the educational

institution and approved by the

appropriate State approving agency; or

(ii) The actual charge to the reservist.

(Authority: 10 U.S.C. 2131(f); sec. 642(b), (d),

Pub. L. 101–189, 103 Stat. 1456–1458)

(32) Training establishment. The term

training establishment means any

establishment providing apprentice or

other on-job training, including those

under the supervision of a college,

university, any State department of

education, any State apprenticeship

agency, any State board of vocational

education, any joint apprenticeship

committee, the Bureau of

Apprenticeship and Training

established in accordance with 29

U.S.C. chapter 4C, or any agency of the

Federal government authorized to

supervise such training.

(Authority: 10 U.S.C. 2131(d), 16136(b); 38

U.S.C. 3452(e); sec. 642(b), (d), Pub. L. 101–

189, 103 Stat. 1456–1458)

(33) Continuously enrolled. The term

continuously enrolled means being in an

enrolled status at an educational

institution for each day during the

ordinary school year, and for

consecutive school years. Consequently,

continuity of enrollment is not broken

by holiday vacations, vacation periods,

periods during the school year between

terms, quarters, or semesters, or by

nonenrollment during periods of

enrollment outside the ordinary school

year (e.g., summer sessions).

(Authority: 10 U.S.C. 16136(b))

* * * * *

(35) Alternative teacher certification

program. The term alternative teacher

certification program, for the purposes

of determining whether an entity

offering such a program is a school,

educational institution, or institution as

defined in paragraph (b)(23)(iv) of this

section, means a program leading to a

teacher’s certificate that allows

individuals with a bachelor’s degree or

graduate degree to obtain teacher

certification without enrolling in an

institution of higher learning.

(Authority: 10 U.S.C. 16136; 38 U.S.C.

3452(c))

3. In § 21.7540, paragraphs (b) and (c)

are redesignated as paragraphs (c) and

(d), respectively; and paragraph (a) is

revised, and a new paragraph (b) is

added, to read as follows:

§ 21.7540 Eligibility for educational

assistance.

(a) Basic eligibility requirements. The

Armed Forces will determine whether a

reservist is eligible to receive benefits

pursuant to 10 U.S.C. chapter 1606 (or

10 U.S.C. chapter 106 as in effect before

December 1, 1994). To be eligible a

reservist—

(1) Shall:

(i) Enlist, reenlist, or extend an

enlistment as a Reserve for service in

the Selected Reserve so that the total

period of obligated service is at least six

years from the date of such enlistment,

reenlistment, or extension; or

(ii) Be appointed as, or be serving as,

a reserve officer and agree to serve in

the Selected Reserve for a period of not

less than six years in addition to any

other period of obligated service in the

Selected Reserve to which the person

may be subject;

(2) Must complete his or her initial

period of active duty for training;

(3) Must be participating satisfactorily

in the Selected Reserve; and

(4) Must not have elected to have his

or her service in the Selected Reserve
29302 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

credited toward establishing eligibility

to benefits provided under 38 U.S.C.

chapter 30.

(Authority: 10 U.S.C. 2132; 38 U.S.C. 3033(c);

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565;

sec. 4, Pub. L. 100–48, 101 Stat. 331; secs.

643, 645, Pub. L. 101–189, 103 Stat. 1458)

(b) Eligibility requirements for

expanded benefits. (1) A reservist shall

be eligible to pursue all types of training

described in subpart L of this part

regardless of whether he or she has

received a baccalaureate degree or

equivalent evidence of completion of

study if—

(i) After September 30, 1990, he or she

takes one of the actions described in

paragraph (a)(1)(i) or (a)(1)(ii) of this

section;

(ii) The reservist meets the criteria of

paragraphs (a)(2) through (a)(4) of this

section; and

(iii) The reservist does not have his or

her eligibility limited as described in

paragraph (c) of this section.

(2) A reservist shall be eligible to

pursue all types of training described in

subpart L of this part except the training

described in paragraph (b)(3) of this

section if—

(i) After June 30, 1985, but not after

September 30, 1990, he or she takes one

of the actions described in paragraph

(a)(1) or (a)(2) of this section;

(ii) The reservist has not received a

baccalaureate degree or the equivalent

evidence of completion of study;

(iii) The reservist meets all the other

eligibility criteria of paragraph (a) of this

section; and

(iv) The reservist does not have his or

her eligibility limited by paragraph (c)

of this section.

(3) The types of training which a

reservist described in paragraph (b)(1) of

this section may pursue, but which may

not be pursued by a reservist described

in paragraph (b)(2), are:

(i) A course which is offered by an

educational institution which is not an

institution of higher learning (to

determine if a nursing course is offered

by an institution of higher learning, see

§ 21.7622(f));

(ii) A correspondence course;

(iii) A program of education leading to

a standard college degree offered solely

by independent study (but see

§ 21.7622(f) concerning enrollment in a

nonaccredited independent study

course after October 28, 1992);

(iv) A refresher, remedial or

deficiency course;

(v) A cooperative course;

(vi) An apprenticeship or other on-job

training; and

(vii) A flight course.

(Authority: 10 U.S.C. 2131, 2132, 2136; sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565, 2567;

secs. 642, 643, 645, Pub. L. 101–189, 103

Stat. 1456–1458)

* * * * *

4. In § 21.7550, paragraph (a),

introductory text, is revised, and

paragraph (d) is added, to read as

follows:

§ 21.7550 Ending dates of eligibility.

(a) Time limit on eligibility. Except as

provided in § 21.7551 and paragraphs

(a)(3), (b), (c), and (d) of this section, a

reservist’s period of eligibility expires

effective the earlier of the following

dates:

* * * * *

(d) Unit deactivated. (1) Except as

provided in paragraph (d)(3) or (d)(4) of

this section, the period of eligibility of

a reservist, eligible for educational

assistance under this subpart, who

ceases to be a member of the Selected

Reserve during the period beginning

October 1, 1991, and ending September

30, 1999, under either of the conditions

described in paragraph (d)(2) of this

section, will expire on the date 10 years

after the date the reservist becomes

eligible for educational assistance.

(2) The conditions referred to in

paragraph (d)(1) of this section for

ceasing to be a member of the Selected

Reserve are:

(i) The deactivation of the reservist’s

unit of assignment; and

(ii) The reservist’s involuntarily

ceasing to be designated as a member of

the Selected Reserve pursuant to 10

U.S.C. 10143(a).

(3) The provisions of paragraphs (d)(1)

and (d)(2) of this section do not apply

if the reservist ceases to be a member of

the Selected Reserve under adverse

conditions, as characterized by the

Secretary of the military department

concerned. The expiration of such a

reservist’s period of eligibility will be on

the date the reservist ceases, under

adverse conditions, to be a member of

the Selected Reserve.

(4) A reservist’s period of eligibility

will expire if he or she is a member of

a reserve component of the Armed

Forces and (after having involuntarily

ceased to be a member of the Selected

Reserve) is involuntarily separated from

the Armed Forces under adverse

conditions, as characterized by the

Secretary of the military department

concerned. The expiration of such a

reservist’s period of eligibility will be on

the date the reservist is involuntarily

separated under adverse conditions

from the Armed Forces.

(Authority: 10 U.S.C. 16133)

5. In § 21.7576, paragraphs (a), (b)(1),

and (b)(2) are revised, and paragraphs

(b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) are

added, to read as follows:

§ 21.7576 Entitlement charges.

(a) Overview. VA will make charges

against entitlement as stated in this

section. Charges are based upon the

principle that a reservist who trains full

time for one day should be charged one

day of entitlement, except for those

pursuing:

(1) Flight training;

(2) Correspondence training;

(3) Cooperative training; or

(4) Apprenticeship or other on-job

training.

(Authority: 10 U.S.C. 2131(c); sec. 705(a)(1),

Pub. L. 98–525, 98 Stat. 2565; sec. 642(a), (b),

(d), Pub. L. 101–189, 103 Stat. 1456–1458)

(b) Determining entitlement charge.

* * *

(1) Except for those pursuing flight

training, correspondence training,

cooperative training, apprenticeship or

other on-job training, VA will make a

charge against entitlement—

(i) On the basis of total elapsed time

(one day for each day of pursuit for

which the reservist is paid educational

assistance) if the reservist is pursuing

the program of education on a full-time

basis; or

(ii) On the basis of a proportionate

rate of elapsed time, if the reservist is

pursuing the program of education on a

three-quarter, one-half, or one-quartertime basis.

(2) VA will compute elapsed time

from the commencing date of the award

of educational assistance to the date of

discontinuance. If the reservist changes

his or her training time after the

commencing date of the award, VA

will—

(i) Divide the enrollment period into

separate periods of time during which

the reservist’s training time remains

constant; and

(ii) Compute the elapsed time

separately for each time period.

(3) For each month that a reservist is

paid a monthly educational assistance

allowance while undergoing

apprenticeship or other on-job training,

VA will make a charge against

entitlement of—

(i) .75 of a month in the case of

payments made during the first six

months of the reservist’s pursuit of the

program of apprenticeship or other onjob training;

(ii) .55 of a month in the case of

payments made during the second six

months of the reservist’s pursuit of the

program of apprenticeship or other onjob training; and

(iii) .35 of a month in the case of

payments made following the first
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29303

twelve months of the reservist’s pursuit

of the program of apprenticeship or

other on-job training.

(4) When a reservist is pursuing a

program of education by

correspondence, VA will make a charge

against entitlement for each payment

made to him or her. The charge will be

made in months and decimal fractions

of a month, as determined by dividing

the amount of the payment by an

amount equal to the rate stated in

§ 21.7636(a)(1) as the rate otherwise

applicable to the reservist for full-time

training.

(5) When a reservist is pursuing a

program of education partly in

residence and partly by correspondence,

VA will make a charge against

entitlement—

(i) For the residence portion of the

program as provided in paragraphs

(b)(1) and (b)(2) of this section; and

(ii) For the correspondence portion of

the program as provided in paragraph

(b)(4) of this section.

(6) When a reservist is pursuing a

program of education through

cooperative training, VA will make a

charge against entitlement of .8 of a

month for each month in which the

reservist is receiving payment at the rate

for cooperative training. If the reservist

is pursuing cooperative training for a

portion of a month, VA will make a

charge against entitlement on the basis

of total elapsed time (.8 of a day for each

day of pursuit).

(Authority: 10 U.S.C. 2131(c), (d); sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565; sec.

642(b), (d), Pub. L. 101–189, 103 Stat. 1456–

1458)

(7) When a reservist is pursuing a

program of education through flight

training, VA will make a charge against

entitlement at the rate of one month for

each amount equal to the monthly rate

stated in § 21.7636(a)(1) as applicable

for the month in which the training

occurred.

(Authority: 10 U.S.C. 16136(c))

* * * * *

6. In § 21.7612, the introductory text

and paragraph (a) are revised to read as

follows:

§ 21.7612 Programs of education

combining two or more types of courses.

An approved program may consist of

courses offered by two educational

institutions concurrently, or courses

offered through class attendance and by

television concurrently. An educational

institution may contract the actual

training to another educational

institution, provided the course is

approved by the State approving agency

having approval jurisdiction over the

educational institution actually

providing the training.

(a) Concurrent enrollment. When a

reservist cannot schedule his or her

complete program at one educational

institution, VA may approve a program

of concurrent enrollment. When

requesting such a program, the reservist

must show that his or her complete

program of education is not available at

the educational institution in which he

or she will pursue the major portion of

his or her program (the primary

educational institution), or that it

cannot be scheduled within the period

in which he or she plans to complete his

or her program. A reservist who is

limited in the types of courses he or she

may pursue, as provided in § 21.7540

(b)(2) and (b)(3), may pursue courses

only at an institution of higher learning.

If such a reservist cannot complete his

or her program at one institution of

higher learning, VA may approve a

concurrent enrollment only if both the

educational institutions the reservist

enrolls in are institutions of higher

learning.

(Authority: 10 U.S.C. 2131(c), 2136(b); 38

U.S.C. 3680(g); sec. 705(a)(1), Pub. L. 98–525,

98 Stat. 2565, 2567; sec. 642, Pub. L. 101–

189, 103 Stat. 1456–1458)

* * * * *

7. In § 21.7620, paragraph (a) is

amended by removing ‘‘21.7520(n) of

this part’’ and adding, in its place,

‘‘21.7520(b)(17)’’; and paragraphs (b)

and (c) are revised, and paragraph (d) is

added, to read as follows:

§ 21.7620 Courses included in programs of

education.

* * * * *

(b) Flight training. (1) VA may pay

educational assistance for an enrollment

in a flight training course when—

(i) An institution of higher learning

offers the course for credit toward the

standard college degree the reservist is

pursuing; or

(ii) When:

(A) The reservist is eligible to pursue

flight training as provided in

§ 21.7540(b)(1) and (b)(3);

(B) The State approving agency has

approved the course;

(C) A flight school is offering the

course;

(D) The reservist’s training meets the

requirements of § 21.4263(b)(1);

(E) The reservist meets the

requirements of § 21.4263(a); and

(F) The training for which payment is

made occurs after September 29, 1990.

(2) VA will not pay educational

assistance for an enrollment in a flight

training course when the reservist is

pursuing an ancillary flight objective.

(Authority: 10 U.S.C. 16131, 16136(c)(1); 38

U.S.C. 3034)

(c) Independent study. (1) VA will pay

educational assistance to a reservist who

is limited in the types of courses he or

she may pursue, as provided in

§ 21.7540(b)(2) and (b)(3), for an

enrollment in any course or unit subject

offered by independent study only

when the reservist is enrolled

concurrently in one or more courses or

unit subjects offered by resident

training.

(2) Only a reservist who meets the

requirements of § 21.7540(b)(1) may be

paid educational assistance for an

enrollment in an independent study

course or unit subject leading to a

standard college degree without a

simultaneous enrollment in a course or

unit subject offered by resident training.

(3) Except as provided in paragraph

(c)(4) of this section and subject to the

restrictions found in paragraph (c)(1) of

this section, effective October 29, 1992,

VA may pay educational assistance to a

reservist who is enrolled in a

nonaccredited course or unit subject

offered entirely or partly by

independent study only if—

(i) Successful completion of the

nonaccredited course or unit subject is

required in order for the reservist to

complete his or her program of

education and the reservist:

(A) Was receiving educational

assistance on October 29, 1992, for

pursuit of the program of education of

which the nonaccredited independent

study course or unit subject forms a

part; and

(B) Has remained continuously

enrolled in the program of education of

which the nonaccredited independent

study course or unit subject forms a part

from October 29, 1992, to the date the

reservist enrolls in the nonaccredited

independent study course or unit

subject; or

(ii)(A) Was enrolled in and receiving

educational assistance for the

nonaccredited independent study

course or unit subject on October 29,

1992; and

(B) Remains continuously enrolled in

that course or unit subject.

(4) Whether or not the reservist is

enrolled will be determined by the

regularly prescribed standards and

practices of the educational institution

offering the course or unit subject.

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

3680A(a)(4); sec. 313(b), Pub. L. 102–568, 106

Stat. 4332)

(d) Graduate study. VA will pay

educational assistance for an enrollment

in a course or subject leading to a
29304 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

graduate degree or certificate when the

training occurs after November 29, 1993.

(Authority: 10 U.S.C. 16131(c))

8. In § 21.7622, paragraph (f) is

revised, to read as follows:

§ 21.7622 Courses precluded.

* * * * *

(f) Other courses. (1) A reservist who

is limited in the types of courses he or

she may pursue, as provided in

§ 21.7540(b)(2) and (b)(3), may not

receive any educational assistance for

pursuit of any of the types of training

listed in § 21.7540(b)(3).

(2) VA will not consider the hospital

or field work phase of a nursing course,

including a course leading to a degree

in nursing, to be provided by an

institution of higher learning unless—

(i) The hospital or fieldwork phase is

an integral part of the course;

(ii) Completion of the hospital or

fieldwork phase of the course is a

prerequisite to the successful

completion of the course;

(iii) The student remains enrolled in

the institution of higher learning during

the hospital or fieldwork phase of the

course; and

(iv) The training is under the

direction and supervision of the

institution of higher learning.

(3) A reservist who is limited in the

types of courses he or she may pursue,

as provided in § 21.7540(b)(2) and (b)(3),

may not receive educational assistance

for an enrollment in a course pursued

after the reservist has completed the

course of instruction required for the

award of a baccalaureate degree or the

equivalent evidence of completion of

study, unless the reservist is pursuing a

course or courses leading to a graduate

degree or graduate certificate. Such a

reservist may receive educational

assistance while pursuing a course or

courses leading to a graduate degree or

graduate certificate (subject to the

restrictions in § 21.7620(d)). Equivalent

evidence of completion of study may

include, but is not limited to, a copy of

the reservist’s transcript showing that he

or she has received passing grades in all

courses needed to obtain a baccalaureate

degree at the institution of higher

learning which he or she has been

attending.

(4) No reservist may receive payment

of educational assistance from VA for:

(i) An audited course (see

§ 21.4252(i));

(ii) A new enrollment in a course

during a period when approval has been

suspended by a State approving agency

or VA;

(iii) Pursuit of a course by a

nonmatriculated student except as

provided in § 21.4252(l);

(iv) An enrollment in a course at an

educational institution for which the

reservist is an official of such institution

authorized to sign certificates of

enrollment under 10 U.S.C. chapter

1606;

(v) A new enrollment in a course

which does not meet the veterannonveteran ratio requirement as

computed under § 21.4201; or

(vi) Except as provided in

§ 21.7620(c), an enrollment in a

nonaccredited independent study

course.

(Authority: 10 U.S.C. 16131(c), 16136(b); 38

U.S.C. 3672(a), 3676, 3680(a); sec. 642(d),

Pub. L. 101–189, 103 Stat. 1458)

9. Section 21.7624 is revised, to read

as follows:

§ 21.7624 Overcharges and restrictions on

enrollments.

(a) Overcharges. VA may disapprove

an educational institution for further

enrollments when the educational

institution charges or receives from a

reservist tuition and fees that exceed the

established charges which the

educational institution requires from

similarly circumstanced nonreservists

enrolled in the same course.

(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690;

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; secs. 642 (c), (d), 645(a)(1), Pub. L.

101–189, 103 Stat. 1457–1458)

(b) Restriction on enrollments. The

provisions of § 21.4202(b) apply to any

determination by VA as to whether to

impose restrictions on approval of

enrollments and whether to discontinue

payments to reservists already enrolled

at an educational institution.

(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690(b);

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; secs. 642 (c), (d), 645(a)(1), Pub. L.

101–189, 103 Stat. 1457–1458)

10. In § 21.7631, paragraph (a)(1) and

the headings for paragraphs (b) and (c)

are revised, and paragraph (g) is added,

to read as follows:

§ 21.7631 Commencing dates.

* * * * *

(a) * * *

(1) The date the educational

institution certifies under paragraph (b)

or (c) of this section.

* * * * *

(b) Certification by educational

institution—course or subject leads to a

standard college degree.

* * * * *

(c) Certification by educational

institution—course does not lead to a

standard college degree.

* * * * *

(g) Service Members Occupational

Conversion and Training Act of 1992. If

the reservist’s educational assistance

has been barred or has been

discontinued because the reservist is

training under a job training program for

which benefits are payable to his or her

employer under the Service Members

Occupational Conversion and Training

Act of 1992, VA will begin or resume

paying educational assistance to the

reservist effective the first day following

the last date for which benefits are

payable under that Act.

(Authority: Sec. 4492(a), Pub. L. 102–484,

106 Stat. 2765–2766)

11. In § 21.7635, paragraph (v) is

redesignated as paragraph (x); and

paragraph (a) is revised, paragraphs

(b)(3), (b)(4), and (b)(5) are added,

paragraph (r) is revised, and paragraphs

(v) and (w) are added, to read as follows:

§ 21.7635 Discontinuance dates.

* * * * *

(a) Death of reservist. (1) If the

reservist receives an advance payment

and dies before the end of the period

covered by the advance payment, the

discontinuance date of educational

assistance shall be the last date of the

period covered by the advance payment.

(2) In all other cases if the reservist

dies while pursuing a program of

education, the discontinuance date of

educational assistance shall be the last

date of attendance.

(Authority: 10 U.S.C. 16136; 38 U.S.C.

3680(e))

(b) * * *

(3) When a reservist withdraws from

a correspondence course, VA will

terminate educational assistance

effective the date the last lesson is

serviced.

(4) When a reservist withdraws from

an apprenticeship or other on-job

training, VA will terminate educational

assistance effective the date of last

training.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C.

3680(a); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; sec. 642 (c), (d), Pub. L.

101–189, 103 Stat. 1457–1458)

(5) When a reservist withdraws from

flight training, VA will terminate

educational assistance effective the date

of last instruction.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C.

3680(a); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; sec. 642 (c), (d), Pub. L.

101–189, 103 Stat. 1457–1458)

* * * * *

(r) Completion of baccalaureate

instruction. If a reservist who is limited

in the types of courses he or she may

pursue, as provided in § 21.7540 (b)(2)

and (b)(3), completes a course of

instruction required for the award of a
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29305

baccalaureate degree or the equivalent

evidence of completion of study (see

§ 21.7622(f)), VA will discontinue

educational assistance effective the day

after the date upon which the required

course of instruction was completed.

(Authority: 10 U.S.C. 2131; sec. 705(a)(1),

Pub. L. 98–525, 98 Stat. 2565; secs. 642 (a),

(b), (d), 645(a), (b), Pub. L. 101–189, 103 Stat.

1456–1458)

* * * * *

(v) Independent study course loses

accreditation. If the reservist is enrolled

in a course offered in whole or in part

by independent study, and the course

loses its accreditation (or the

educational institution offering the

course loses its accreditation), the date

of reduction or discontinuance will be

the effective date of the withdrawal of

accreditation by the accrediting agency,

unless the provisions of § 21.7620 (c)(3)

or (c)(4) apply.

(Authority: 10 U.S.C. 16136; 38 U.S.C.

3680A(a)(4))

(w) Service Members Occupational

Conversion and Training Act of 1992. If

a reservist enters a training program for

the purpose of obtaining assistance

under the Service Members

Occupational Conversion and Training

Act of 1992, the effective date of

discontinuance of educational

assistance shall be the date on which

the reservist entered the job training

program.

(Authority: Sec. 4492(a), Pub. L. 102–484,

106 Stat. 2765–2766)

* * * * *

12. Section 21.7636 is revised, to read

as follows:

§ 21.7636 Rates of payment.

(a) Monthly rate of educational

assistance. (1) Except as otherwise

provided in this section and in

§ 21.7639, the monthly rate of

educational assistance payable to a

reservist is the amount stated in this

table:

Period of pursuit of training

Training time

Full-time 3/4 time 1/2 time 1/4 time

Oct. 1, 1990–Sept. 30,1991 ............................................................................................. $140.00 $105.00 $70.00 $35.00

Oct. 1, 1991–Mar. 31, 1993 ............................................................................................. 170.00 128.00 85.00 43.00

Apr. 1, 1993–Sept. 30, 1994 ............................................................................................ 190.00 143.00 95.00 48.00

Oct. 1, 1994–Sept. 30, 1995 ............................................................................................ 192.32 144.74 96.16 48.08

On and after Oct. 1, 1995 ................................................................................................ 197.90 148.42 98.95 49.47

(2) The monthly rate of basic

educational assistance payable to a

reservist who is pursuing an

apprenticeship or other on-job training

full time is the rate stated in these

tables:

(i)

Training period

Monthly rate

Oct. 1,

1990–Sept.

30, 1991

Oct. 1,

1991–Mar.

31, 1993

Apr. 1,

1993–Sept.

30, 1994

Oct. 1,

1994–Sept.

30, 1995

First six months of pursuit of training ............................................................................... $105.00 $127.50 $142.50 144.24

Second six months of pursuit of training .......................................................................... 77.00 93.50 104.50 105.78

Remaining pursuit of training ........................................................................................... 49.00 59.50 66.50 67.31

Training period

Monthly rate

On and after

Oct. 1, 1995

First six months of pursuit of training .................................................................................................................................................... $148.42

Second six months of pursuit of training ............................................................................................................................................... 108.94

Remaining pursuit of training ................................................................................................................................................................. 69.26

(ii) Full-time training will consist of the number of hours which constitute the standard workweek of the training

establishment, but not less than 30 hours unless a lesser number of hours is established as the standard workweek

for the particular establishment through bona fide collective bargaining between employers and employees.

(3) The monthly rate of educational assistance payable to a reservist who is pursuing a cooperative course is the

rate stated in this table:

Oct. 1, 1990–Sept. 30,

1991

Oct. 1, 1991–Mar. 31,

1993

Apr. 1, 1993–Sept. 30,

1994

Oct. 1, 1994–Sept. 30,

1995 On and after Oct. 1, 1995

$112.00 $136.00 $152.00 $153.86 $158.32

(Authority: 10 U.S.C. 16131(b), (c); sec.

12009(c), Pub. L. 103–66, 107 Stat. 416)

(b) Limitations on payments. VA may

withhold final payment until VA

receives proof of the reservist’s

enrollment and adjusts the reservist’s

account.

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

3680(g))

13. In § 21.7639, paragraph (b)(1)

introductory text is amended by

removing the second sentence; the

heading of paragraph (e) is amended by

removing ‘‘Payment for independent’’

and adding, in its place, ‘‘Independent’’;

and the section heading, paragraph (a)

introductory text, the authority citation

for paragraph (a), and paragraph (f) are

revised, and paragraphs (g) through (k)

are added, to read as follows:
29306 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

§ 21.7639 Conditions which result in

reduced rates or no payment.

* * * * *

(a) Absences. A reservist enrolled in a

course not leading to a standard college

degree will have his or her educational

assistance reduced for any day of

absence which occurs before December

18, 1989, and which exceeds the

maximum allowable absences permitted

in this paragraph.

* * * * *

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680;

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; sec. 642 (c), (d), Pub. L. 101–189, 103

Stat. 1457–1458)

* * * * *

(f) Independent study. (1) A reservist

pursuing only independent study and

whose enrollment begins before July 1,

1993, shall be paid educational

assistance at the quarter-time rate

regardless of the number of credit hours

the reservist may be pursuing.

(2) A reservist pursuing only

independent study and whose

enrollment begins after June 30, 1993,

shall be paid educational assistance on

the basis of his or her training time.

(3) No payments may be made to a

reservist who is limited in the types of

courses he or she may pursue, as

provided in § 21.7540(b)(2) and (b)(3),

and who is pursuing independent study

unless he or she is concurrently

pursuing one or more courses offered

through resident training at an

institution of higher learning.

(Authority: 10 U.S.C. 2131; 10 U.S.C. 2136(b);

38 U.S.C. 3532, 3532 note, 3680; sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565, 2567;

secs. 642, 645 (a), (b), Pub. L. 101–189, 103

Stat. 1457–1458)

(g) Payment for correspondence

courses. A reservist who is pursuing a

correspondence course or the

correspondence portion of a

correspondence-residence course shall

be paid 55 percent of the established

charge which the educational institution

requires nonreservists to pay for the

lessons—

(1) Which the reservist has completed;

(2) Which the educational institution

has serviced; and

(3) For which payment is due.

(Authority: 10 U.S.C. 2131(f); sec. 642 (b), (d),

Pub. L. 101–189, 103 Stat. 1456–1458)

(h) Failure to work sufficient hours of

apprenticeship and other on-job

training. (1) For any calendar month in

which a reservist pursuing an

apprenticeship or other on-job training

program fails to complete 120 hours of

training, VA shall reduce the rates

specified in § 21.7636(a)(2)

proportionately. In this computation,

VA shall round the number of hours

worked to the nearest multiple of eight.

(2) For the purpose of this paragraph,

hours worked include only—

(i) The training hours the reservist

worked; and

(ii) All hours of the reservist’s related

training which occurred during the

standard workweek and for which the

reservist received wages. (See

§ 21.7636(a)(2)(ii) as to the requirements

for full-time training.)

(Authority: 10 U.S.C. 2131(d)(2); sec. 642 (b),

(d), Pub. L. 101–189, 103 Stat. 1456–1458)

(i) Flight training course. A reservist

who is pursuing a flight training course

shall be paid 60 percent of the

established charge for tuition and fees

(other than tuition and fees charged for

or attributable to solo flying hours)

which the flight school requires

similarly circumstanced nonreservists

enrolled in the same course to pay.

(Authority: 10 U.S.C. 16131(g))

(j) Membership in the Senior Reserve

Officers’ Training Corps. A reservist

may not receive educational assistance

for any period for which he or she

receives financial assistance under 10

U.S.C. 2107 as a member of the Senior

Reserve Officers’ Training Corps.

(Authority: 10 U.S.C. 16134)

(k) Course not offered by an

institution of higher learning or not

leading to an identifiable educational,

professional, or vocational objective. A

reservist who is limited in the types of

courses he or she may pursue, as

described in § 21.7540(b)(2) and (b)(3),

may not receive educational assistance

for instruction in a program of

education unless it is offered at an

institution of higher learning. The

instruction must lead to an identifiable

educational, professional, or vocational

objective, but does not have to lead to

a standard college degree.

(Authority: 10 U.S.C. 2131(b), 2136(b); sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565, 2567;

secs. 642 (b)(1), (c), (d), 645(a), (b), Pub. L.

101–189, 103 Stat. 1456–1458)

14. In § 21.7640, paragraph (d)(1)

introductory text is amended by

removing ‘‘institution of higher

learning’’ and adding, in its place,

‘‘educational institution’’; and the

section heading and paragraph (a) are

revised, to read as follows:

§ 21.7640 Release of payments.

(a) Payments are dependent upon

certifications, reports, and verifications

of pursuit. When certifications, reports,

or verifications of pursuit are mentioned

in this paragraph, the certifications,

reports, and verifications of pursuit are

to be made in the form prescribed by the

Secretary of Veterans Affairs.

(1) VA will pay educational assistance

to a reservist who is pursuing a standard

college degree only after the educational

institution has certified his or her

enrollment.

(2) VA will pay educational assistance

to a reservist who is pursuing a course

not leading to a standard college degree

(other than a correspondence course, a

course of flight training, or an

apprenticeship or other on-job training)

only after:

(i) The educational institution has

certified his or her enrollment in the

form prescribed by the Secretary of

Veterans Affairs; and

(ii) VA has received a report by the

reservist, which report is endorsed by

the educational institution, of—

(A) Each day of absence that occurred

before December 18, 1989; or

(B) A verification of pursuit from the

reservist of training that occurred on or

after December 18, 1989.

(3) VA will pay educational assistance

to a reservist pursuing a program of

apprenticeship or other on-job training

only after:

(i) The training establishment has

certified his or her enrollment in the

training program in the form prescribed

by the Secretary of Veterans Affairs; and

(ii) VA has received certification by

the reservist and the training

establishment of the reservist’s hours

worked.

(4) VA will pay educational assistance

to a reservist who is pursuing a

correspondence course only after:

(i) The educational institution has

certified his or her enrollment in the

form prescribed by the Secretary of

Veterans Affairs; and

(ii) VA has received a certification by

the reservist, which certification is

endorsed by the educational institution,

as to the number of lessons completed

and serviced by the educational

institution.

(5) VA will pay educational assistance

to a reservist who is pursuing a flight

course only after:

(i) The educational institution

certifies the reservist’s enrollment in the

form prescribed by the Secretary of

Veterans Affairs; and

(ii) VA has received a report by the

reservist of the flight training the

reservist has completed, which report is

endorsed by the educational institution.
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29307

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

3680)

* * * * *

15. In § 21.7642, paragraph (a)(6) is

amended by removing ‘‘38’’ and adding,

in its place, ‘‘10’’; paragraph (d)(3) is

amended by removing ‘‘during any

period that full salary is being paid to

him or her as an employee of the United

States’’; and paragraphs (a)(7) and (a)(8)

are revised, and paragraphs (a)(9) and

(e) are added, to read as follows:

§ 21.7642 Nonduplication of educational

assistance.

(a) * * *

(7) Section 903 of the Department of

Defense Authorization Act, 1981;

(8) The Hostage Relief Act of 1980; or

(9) The Omnibus Diplomatic Security

Act of 1986.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3695;

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; secs. 642(c), (d), Pub. L. 101–189, 103

Stat. 1457–1458)

* * * * *

(e) Service Members Occupational

Conversion and Training Act of 1992. A

reservist may not receive educational

assistance under the Montgomery GI

Bill—Selected Reserve program during

the period for which benefits are

payable under the Service Members

Occupational Conversion and Training

Act of 1992.

(Authority: Sec. 4492(a), Pub. L. 102–484,

106 Stat. 2765–2766)

16. Section 21.7645 is added,

immediately after the cross-reference

that follows § 21.7644, to read as

follows:

§ 21.7645 Work-study allowance.

(a) Eligibility. Reservists pursuing

three-quarter-time or full-time programs

of education or training under 10 U.S.C.

chapter 1606 are eligible to receive a

work-study allowance.

(Authority: 38 U.S.C. 3485)

(b) Selection criteria. Whenever

feasible, VA will give priority in

selection for the work-study allowance

to veterans with service-connected

disabilities rated at 30 percent or more.

VA shall consider the following

additional selection criteria:

(1) Need of the reservist to augment

his or her educational assistance

allowance;

(2) Availability to the reservist of

transportation to the place where his or

her services are to be performed;

(3) Motivation of the reservist; and

(4) Compatibility of the work

assignment to the reservist’s physical

condition.

(Authority: 38 U.S.C. 3485)

(c) Utilization. The service for which

the reservist is being paid a work-study

allowance may be utilized in connection

with—

(1) Outreach services programs as

carried out under the supervision of a

VA employee;

(2) Preparation and processing of

necessary papers and other documents

at educational institutions or regional

offices or facilities of VA;

(3) Hospital and domiciliary care and

medical treatment at VA facilities;

(4) Activities relating to the

administration of 10 U.S.C. chapter

1606 (or 10 U.S.C. chapter 106 as in

effect before December 1, 1994), at

Department of Defense facilities, Coast

Guard facilities, or National Guard

facilities; and

(5) Any other appropriate activity of

VA.

(Authority: 38 U.S.C 3485)

(d) Rate of payment. (1) In return for

the reservist’s agreement to perform

services for VA totaling 25 hours times

the number of weeks contained in an

enrollment period, VA will pay an

allowance in an amount equal to the

higher of—

(i) The hourly minimum wage in

effect under section 6(a) of the Fair

Labor Standards Act of 1938 times the

number of hours the reservist has agreed

to work; or

(ii) The hourly minimum wage under

comparable law of the State in which

the services are to be performed times

the number of hours the reservist has

agreed to work.

(2) VA will pay proportionately less to

reservists who agree to perform a lesser

number of hours of services.

(Authority: 38 U.S.C. 3485)

(e) Payment in advance. (1) For workstudy commencing during the period

beginning on May 1, 1990, and ending

on October 28, 1992, VA will pay in

advance an amount equal to 40 percent

of the total amount payable under the

contract.

(2) For work-study commencing after

October 28, 1992, VA will pay in

advance an amount equal to the lesser

of the following:

(i) 40 percent of the total amount

payable under the contract; or

(ii) An amount equal to 50 times the

applicable minimum hourly wage in

effect on the date the contract is signed.

(Authority: 38 U.S.C. 3485)

(f) Reservist reduces rate of training.

In the event the reservist ceases to be at

least a three-quarter-time student before

completing an agreement, the reservist,

with the approval of the Director of the

VA field station or his or her designee,

may be permitted to complete the

unworked portion of an agreement in

the same term, quarter, or semester in

which the reservist ceases to be at least

a three-quarter-time student or in the

immediately following term, quarter, or

semester.

(Authority: 38 U.S.C. 3485)

(g) Reservist terminates training. (1) If

the reservist terminates all training

before completing an agreement, the

Director of the VA field station or his or

her designee—

(i) May permit him or her to complete

the portion of the agreement represented

by the money VA has advanced the

reservist for which he or she has

performed no service, but

(ii) Will not permit him or her to

complete that portion of an agreement

for which no advance has been made.

(2) The reservist must complete the

allowed portion of an agreement in the

same or immediately following term,

quarter, or semester in which the

reservist terminates training.

(Authority: 38 U.S.C. 3485)

(h) Indebtedness for unperformed

service. (1) If the reservist has received

an advance for hours of unperformed

service, and VA has evidence upon

which the Director of the VA Regional

Office of jurisdiction or his or her

designee concludes that the reservist

does not intend to perform that service,

the advance—

(i) Will be deemed a debt due the

United States; and

(ii) Will be subject to recovery the

same as any other debt due the United

States.

(2) The amount of indebtedness for

each hour of unperformed service shall

equal the hourly wage that formed the

basis for the contract.

(Authority: 38 U.S.C. 3485)

17. In § 21.7653, the section heading

and paragraphs (c) and (d) are revised,

and paragraph (e) is added, to read as

follows:

§ 21.7653 Progress, conduct, and

attendance.

* * * * *

(c) Satisfactory attendance. In order to

receive educational assistance for

pursuit of a program of education, a

reservist must maintain satisfactory

course attendance. VA will discontinue

educational assistance if the reservist

does not maintain satisfactory course

attendance. Attendance is unsatisfactory

if the reservist does not attend according

to the regularly prescribed standards of

the educational institution in which he

or she is enrolled.
29308 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474;

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; sec. 642 (c), (d), Pub. L. 101–189, 103

Stat. 1457–1458)

(d) Reports. At times the

unsatisfactory progress, conduct, or

course attendance of a reservist is

caused by or results in his or her

interruption or termination of training.

If this occurs, the interruption or

termination shall be reported in

accordance with § 21.7656(a). If the

reservist continues in training despite

making unsatisfactory progress, the fact

of his or her unsatisfactory progress

must be reported to VA within the time

allowed by paragraphs (d)(1), (d)(2), and

(d)(3) of this section.

(1) A reservist’s progress may become

unsatisfactory as a result of the grades

he or she receives. The educational

institution shall report such

unsatisfactory progress to VA in time for

VA to receive it before the earlier of the

following dates is reached:

(i) Thirty days from the date on which

the school official who is responsible for

determining whether a student is

making progress first receives the final

grade report which establishes that the

reservist is not progressing

satisfactorily; or

(ii) Sixty days from the last day of the

enrollment period during which the

reservist earned the grades that caused

him or her to meet the unsatisfactory

progress standards.

(2) If the unsatisfactory progress of the

reservist is caused solely by any factors

other than the grades which he or she

receives, the educational institution

shall report the unsatisfactory progress

in time for VA to receive it within 30

days of the date on which the progress

of the reservist becomes unsatisfactory.

(3) The educational institution shall

report the unsatisfactory conduct or

attendance of the reservist to VA in time

for VA to receive it within 30 days of

the date on which the conduct or

attendance of the reservist becomes

unsatisfactory.

(e) Reentrance after discontinuance.

In order for a reservist to receive

educational assistance following

discontinuance for unsatisfactory

progress, conduct, or attendance, the

provisions of this paragraph must be

met.

(1) The reservist’s subsequent

reentrance into a program of education

may be for the same program, for a

revised program, or for an entirely

different program, depending on the

cause of the discontinuance and

removal of that cause.

(2) A reservist may reenter following

discontinuance because of

unsatisfactory attendance, conduct, or

progress when either of the following

sets of conditions exists:

(i) The reservist resumes enrollment

at the same educational institution in

the same program of education and the

educational institution has both

approved the reservist’s reenrollment

and certified it to VA; or

(ii) In all other cases, VA determines

that—

(A) The cause of the unsatisfactory

attendance, conduct, or progress in the

previous program has been removed and

is not likely to recur; and

(B) The program which the reservist

now proposes to pursue is suitable to

his or her aptitudes, interests, and

abilities.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474;

sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565,

2567; sec. 642 (c), (d), Pub. L. 101–189, 103

Stat. 1457–1458)

(Approved by the Office of Management and

Budget under control number 2900–0552)

18. Section 21.7654 is revised, to read

as follows:

§ 21.7654 Pursuit and absences.

(a) Verifying pursuit of courses not

leading to a standard college degree. (1)

If a reservist is pursuing a course not

leading to a standard college degree and

the course is neither a flight course nor

a correspondence course, the reservist

must monthly verify pursuit of that

course. The reservist’s verification in

the form prescribed by the Secretary

will attest to the following items as to

the period verified, when applicable:

(i) Actual attendance;

(ii) Continued enrollment in and

pursuit of the course;

(iii) The reservist’s unsatisfactory

progress, conduct, or attendance;

(iv) Date of interruption or

termination of training;

(v) Changes in the number of credit

hours or in the number of clock hours

of attendance;

(vi) The award of nonpunitive grades;

(vii) Any other changes or

modifications in the course as certified

at enrollment.

(2) The verification of enrollment or

the verification of pursuit and

continued enrollment must—

(i) Contain the information required

by paragraph (a)(1) of this section for

release of payment;

(ii) Be signed by the reservist on or

after the final date of the reporting

period; and

(iii) Show the date on which it was

signed.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C.

3680(g); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; sec. 642 (c), (d), Pub. L.

101–189, 103 Stat. 1457–1458)

(b) Additional requirements for

apprenticeships and other on-job

training programs. (1) When a reservist

is pursuing an apprenticeship or other

on-job training, he or she must monthly

certify training by reporting the number

of hours worked.

(2) The information provided by the

reservist must be verified by the training

establishment.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C.

3680(a); sec. 705(a)(1), Pub. L. 98–525, 98

Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101–

189, 103 Stat. 1457–1458)

(Approved by the Office of Management and

Budget under control number 2900–0553)

19. In § 21.7670, paragraph (d) and

reserved paragraph (e) are removed;

paragraph (f) is redesignated as

paragraph (d); and the heading,

introductory text, and newly

redesignated paragraph (d) are revised

to read as follows:

§ 21.7670 Measurement of courses leading

to a standard, undergraduate college

degree.

Except as provided in § 21.7672, VA

will measure a reservist’s courses as

stated in this section.

* * * * *

(d) Other requirements.

Notwithstanding any other provision of

this section, in administering benefits

payable under 10 U.S.C. chapter 1606,

VA shall apply the provisions of

§ 21.4272 (a), (b), (d), (e) (except

paragraph (e)(4)), (f), (g), and (k).

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

3688(b))

20. In § 21.7672, the introductory text

of paragraph (b)(1) is revised, paragraph

(b)(2)(ii) is revised, paragraphs (b)(3),

(b)(4), and (b)(5) are added, and

paragraph (c) introductory text,

paragraph (d), paragraph (e)

introductory text, the heading of

paragraph (f), paragraph (f) introductory

text, paragraph (f)(1)(iv), and the

authority citation for paragraph (f) are

revised, to read as follows:

§ 21.7672 Measurement of courses not

leading to a standard college degree.

* * * * *

(b) Credit-hour measurement—

standard method. (1) For new

enrollments that begin before July 1,

1993, VA will measure a reservist’s

enrollment in a course not leading to a

standard college degree on a credit-hour

basis when all conditions listed in

paragraphs (b)(1)(i) and (b)(1)(ii) of this

section are met.

* * * * *

(2) * * *

(ii) Apply the provisions of

§ 21.4272(g) if one or more of the
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29309

reservist’s courses are offered during a

nonstandard term.

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

3688)

(3) For new enrollments beginning on

or after July 1, 1993, when a course is

offered by an institution of higher

learning in residence on a standard

quarter- or semester-hour basis, VA will

measure a reservist’s enrollment in a

course not leading to a standard college

degree on the same credit-hour basis as

courses leading to a standard

undergraduate degree, as provided in

§ 21.7670.

(4) For new enrollments beginning on

or after July 1, 1993, when a course is

offered in residence on a standard

quarter- or semester-hour basis by an

educational institution which is not an

institution of higher learning, VA also

will measure on a credit-hour basis as

provided in § 21.7670 a reservist’s

enrollment in a course not leading to a

standard college degree, provided that

the educational institution requires at

least the same number of clock-hours of

attendance as required in paragraph (f)

of this section. If the educational

institution does not require at least the

same number of clock-hours of

attendance as required in paragraph (f)

of this section, VA will not apply the

provisions of § 21.7670, but will

measure the course according to

paragraph (f) of this section.

(5) VA will apply the provisions of

§ 21.4272(g) to new enrollments

beginning on or after July 1, 1993, if one

or more of the reservist’s courses are

offered during a nonstandard term.

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

3688(a)(7))

(c) Credit-hour measurement—

alternate method. The provisions of this

paragraph apply only to the

measurement of new enrollments that

begin before July 1, 1993. Even though

courses not leading to a standard college

degree do not qualify for credit-hour

measurement as provided in paragraph

(b) of this section, an educational

institution offering courses not leading

to a standard college degree may

measure those courses on a quarter- or

semester-hour basis as indicated for

collegiate courses in § 21.7670

provided—

* * * * *

(d) Mixed credit-hour and clock-hour

measurement (conversion to equivalent

clock hours). The provisions of this

paragraph apply to training occurring on

or after December 18, 1989, provided

that if the training resulted from a new

enrollment, the enrollment began before

July 1, 1993.

(1) When a course not leading to a

standard college degree in which the

reservist is enrolled cannot qualify for

credit-hour measurement under either

paragraph (b) or (c) of this section, VA

will measure the course on a combined

clock-hour and credit-hour basis when

the provisions of this paragraph are met.

(i) The course in which the reservist

is enrolled—

(A) Is offered by an institution of

higher learning; and

(B) Does not lead to a standard college

degree; and

(ii) The institution of higher learning

requires as part of the reservist’s

program of education one or more unit

subjects for which credit is granted

toward a standard college degree.

(2) When measuring a reservist’s

enrollment during a semester or quarter

when he or she is pursuing one or more

courses which the educational

institution measures on a credit-hour

basis, VA will convert the credit to

equivalent clock hours as provided in

paragraph (d)(3) of this section, and

combine them with the clock hours of

the other courses measured by the

school on that basis, as provided in

paragraph (d)(4) of this section.

(3) VA will—

(i) Determine the equivalent clock

hour factor by dividing the number of

clock hours which constitute full time

for the enrollment as stated in paragraph

(e) or (f) of this section by the number

of credit hours which constitute a fulltime undergraduate enrollment at the

educational institution as stated in

paragraph (a) of this section; and

(ii) Except as provided in paragraphs

(d)(5) and (d)(6) of this section, multiply

the number of credit hours in which the

reservist is enrolled by the equivalent

clock hour factor as determined by

paragraph (d)(3)(i) of this section. This

will result in the number of equivalent

clock hours in which the reservist is

enrolled.

(4) VA will add the number of clock

hours in which the reservist is enrolled

to the number of equivalent clock hours

in which he or she is enrolled.

(i) If the course is nonaccredited and

shop practice is an integral part of the

course, the course will be measured as

provided in paragraph (e)(1) of this

section with the total number of clock

hours and equivalent clock hours

considered to be clock hours for the

purpose of applying that paragraph.

(ii) If the course is nonaccredited and

classroom instruction predominates, the

course will be measured as provided in

paragraph (e)(2) of this section with the

total number of clock hours and

equivalent clock hours considered to be

clock hours for the purpose of applying

that paragraph.

(iii) If the course is accredited and

shop practice is an integral part of the

course, the course will be measured as

provided in paragraph (f)(1) of this

section with the total number of clock

hours and equivalent clock hours

considered to be clock hours for the

purpose of applying that paragraph.

(iv) If the course is accredited and

classroom instruction predominates, the

course will be measured as provided in

paragraph (f)(2) of this section with the

total number of clock hours and

equivalent clock hours considered to be

clock hours for the purpose of applying

that paragraph.

(5) When the number of class sessions

per credit hour is so low that § 21.4272

(f)(2)(ii) or (f)(3) would control the way

in which VA would measure those

credit hours, VA will make the

calculations required by paragraph

(d)(3)(ii) of this section by multiplying

the number of class sessions determined

by the equivalent clock hour factor.

(6) When the reservist is attending a

nonstandard term, VA will make the

calculations required by paragraph

(d)(3)(ii) of this section by determining

the equivalent credit hours in which the

reservist is enrolled as provided in

§ 21.4272(g), and multiplying the

equivalent credit hours by the

equivalent clock hour factor.

(7) In calculations required by this

paragraph, fractions of an equivalent

clock hour will be dropped.

(Authority: 10 U.S.C. 16136; 38 U.S.C.

3688(e))

(e) Nonaccredited courses—clockhour measurement for new enrollments

beginning before July 1, 1993. The

provisions of this paragraph apply to

new enrollments beginning before July

1, 1993. If, after having examined the

courses in which a reservist is enrolled,

VA concludes that the reservist’s

enrollment qualifies neither for credithour measurement as provided in

paragraphs (b) and (c) of this section nor

for a combination of credit-hour and

clock-hour measurement as provided in

paragraph (d) of this section, VA shall

measure a nonaccredited course not

leading to a standard college degree as

follows. For the purpose of this

paragraph, clock hours and class

sessions mean clock hours and class

sessions per week.

* * * * *

(f) Clock-hour measurement. The

provisions of this paragraph apply to

enrollments before July 1, 1993, in

accredited courses not leading to a

standard college degree, and to all new

enrollments on or after July 1, 1993, in
29310 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

courses not leading to a standard college

degree. If VA concludes that the courses

in which a reservist is enrolled qualify

neither for credit-hour measurement as

provided in paragraph (b) or (c) of this

section nor for a combination of clockhour and credit-hour measurement as

provided in paragraph (d) of this

section, VA shall measure those courses

as follows. (Supervised study shall be

excluded from measurement of all

courses to which this paragraph

applies.)

(1) * * *

(iv) One-quarter-time training shall be

1 through 10 clock hours attendance.

For attendance of 6 through 10 clock

hours, there shall be not more than one

quarter hour rest period allowance. For

attendance of 1 through 5 clock hours,

there shall be no rest period allowance.

* * * * *

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

3688)

21. In § 21.7673, paragraph (a)(2) is

removed; paragraph (a)(3) is

redesignated as paragraph (a)(2); and

paragraph (a)(1), newly redesignated

paragraph (a)(2), and paragraph (d) are

revised, to read as follows:

§ 21.7673 Measurement of concurrent

enrollments.

(a) * * *

(1) If VA measures the course at the

primary institution on a credit-hour

basis (including a course which does

not lead to a standard college degree,

which is being measured on a credithour basis as provided in § 21.7672(b)),

and VA measures the courses at the

second school on a clock-hour basis, the

clock hours will be converted to credit

hours.

(2) If VA measures the courses

pursued at the primary institution on a

clock-hour basis, and VA measures the

courses pursued at the second school on

a credit-hour basis, including courses

which qualify for credit-hour

measurement on the basis of

§ 21.7672(b), VA will convert the credit

hours to clock hours to determine the

reservist’s training time.

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

3688)

* * * * *

(d) Standards for measurement the

same. If VA measures the courses

pursued at both institutions on either a

clock-hour basis or a credit-hour basis,

VA will measure the reservist’s

enrollment by adding together the units

of measurement for the courses in the

second school and the units of

measurement for courses in the primary

institution. The standard for full time

will be the full-time standard for the

courses at the primary institution.

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

3688)

§ 21.7674 [Amended]

22. In § 21.7674, paragraph (b) is

amended by removing ‘‘21.7720(b)(3) of

this part’’ and adding, in its place,

‘‘21.7720(b)(9)’’ and by removing

‘‘21.7672 of this part’’ and adding, in its

place, ‘‘21.7672’’; and paragraph (c) is

amended by removing ‘‘appropriate, if

approved under § 21.7720(b)(4) of this

part’’ and adding, in its place,

‘‘appropriate’’.

23. In § 21.7700, paragraphs (f) and (g)

are removed; and the introductory text,

paragraph (a), and the authority citation

are revised, to read as follows:

§ 21.7700 State approving agencies.

VA and State approving agencies have

the same general responsibilities for

approving courses for training under 38

U.S.C. chapter 1606 (or 10 U.S.C.

chapter 106 as in effect before December

1, 1994) as they do for approving

courses for training under 38 U.S.C.

chapter 30 or 32. Accordingly, in

administering 10 U.S.C. chapter 1606

(or 10 U.S.C. chapter 106 as in effect

before December 1, 1994), VA will apply

the provisions of the following sections:

(a) § 21.4150—Designation,

* * * * *

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

3670 through 3676)

24. Section 21.7720 is revised to read

as follows:

§ 21.7720 Course approval.

(a) Courses must be approved. (1) A

course of education offered by an

educational institution must be

approved by—

(i) The State approving agency for the

State in which the educational

institution is located; or

(ii) The State approving agency which

has appropriate approval authority; or

(iii) VA, where appropriate.

(2) In determining when approval

authority rests with the State approving

agency or VA, the provisions of

§ 21.4250 (b)(3), (c)(2)(i), (c)(2)(ii),

(c)(2)(iii), and (c)(2)(iv) apply.

(3) A course approved under 38

U.S.C. chapter 36 is approved for

purposes of 10 U.S.C. chapter 1606 (or

10 U.S.C. chapter 106 as in effect before

December 1, 1994).

(Authority: 10 U.S.C. 2131(c), 2136(b);

16131(c)(1), 16136(b); 38 U.S.C. 3672; sec.

705(a)(1), Pub. L. 98–525, 98 Stat. 2565, 2567;

sec. 642, Pub. L. 101–189, 103 Stat. 1456–

1458)

(b) Course approval criteria. In

administering benefits payable under 10

U.S.C. chapter 1606 (or 10 U.S.C.

chapter 106 as in effect before December

1, 1994), VA and, where appropriate,

the State approving agencies, shall

apply the following sections:

(1) § 21.4250 (except paragraph

(c)(1))—Approval of courses;

(2) § 21.4251—Period of operation of

course;

(3) § 21.4253 (except those portions of

paragraphs (b) and (f) that permit

approval of a course leading to a high

school diploma)—Accredited courses;

(4) § 21.4254—Nonaccredited courses;

(5) § 21.4255—Refund policy—

nonaccredited courses;

(6) § 21.4258—Notice of approval;

(7) § 21.4259—Suspension or

disapproval;

(8) § 21.4260—Courses in foreign

countries;

(9) § 21.4265 (except paragraphs (a),

(e), and (g))—Practical training

approved as institutional training or onjob training;

(10) § 21.4266—Courses offered at

subsidiary branches or extensions; and

(11) § 21.4267—Approval of

independent study.

(Authority: 10 U.S.C. 16131(c)(1), 16136(b);

38 U.S.C. 3670 through 3676)

25. Section 21.7722 is revised to read

as follows:

§ 21.7722 Courses and enrollments which

may not be approved.

(a) The Secretary of Veterans Affairs

may not approve an enrollment by a

reservist in, and a State approving

agency may not approve for training

under 10 U.S.C. chapter 1606 (or 10

U.S.C. chapter 106 as in effect before

December 1, 1994):

(1) A bartending or personality

development course;

(2) A course offered by radio;

(3) Except for enrollments in a nurse’s

aide course approved pursuant to

§ 21.4253(a)(5), an institutional course

for the objective of nurse’s aide or a

nonaccredited nursing course which

does not meet the licensing

requirements in the State where the

course is offered; or

(4) Effective October 29, 1992, a

nonaccredited course or unit subject

offered entirely or partly by

independent study. However, see

§§ 21.7620(c) and 21.7622(f) concerning

payment of educational assistance to

reservists enrolled in such a course.

(Authority: 10 U.S.C. 16131(c)(1), 16136(b);

38 U.S.C. 3452)

(b) A State approving agency (or VA

when acting as a State approving

agency) may approve the following

courses for training under 10 U.S.C.

chapter 1606 (or 10 U.S.C. chapter 106
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29311

as in effect before December 1, 1994),

but VA may not approve an enrollment

in any of these courses by a reservist

who is limited in the types of courses

he or she may pursue, as provided in

§ 21.7540 (b)(2) and (b)(3):

(1) A correspondence course;

(2) A cooperative course;

(3) An apprenticeship or other on-job

training program;

(4) A nursing course offered by an

autonomous school of nursing;

(5) A medical or dental specialty

course not offered by an institution of

higher learning;

(6) A refresher, remedial, or

deficiency course; or

(7) A course or combination of

courses consisting solely of independent

study.

(Authority: 10 U.S.C. 2131(c), 2136(b),

16131(c)(1), 16136(b); 38 U.S.C. 3670 through

3676; sec. 705(a)(1), Pub. L. 98–525, 98 Stat.

2565, 2567; sec. 642, Pub. L. 101–189, 103

Stat. 1456–1458)

[FR Doc. 96–14369 Filed 6–7–96; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 0

[FCC 96–225]

Authority Delegated to the General

Counsel

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has

concluded that the proper dispatch of

its business and the public interest will

be best served by expanding the

authority delegated to the General

Counsel regarding hearing matters. In

order to facilitate prompt resolution of

adjudicatory hearing proceedings, the

Commission has delegated authority to

the General Counsel to issue all

appropriate orders and to act on all

requests for relief regarding hearing

matters pending before the Commission

en banc, except those requests which

involve final disposition on the merits

of a previously specified issue

concerning an applicant’s basic

qualifications or two or more applicants’

comparative qualifications.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: John

I. Riffer, Office of General Counsel, (202)

418–1756.

SUPPLEMENTARY INFORMATION:

Adopted: May 20, 1996.

Released: May 29, 1996.

1. By its Order, 11 FCC Rcd 1062

(1996), the Commission eliminated the

Review Board. In light of the many

demands currently imposed on the

Commission concerning nonhearing

matters, the Commission has concluded

that the proper dispatch of its business

and the public interest will be best

served by expanding the authority

delegated to the General Counsel

regarding hearing matters. Thus, in

order to facilitate prompt resolution of

adjudicatory hearing proceedings which

are pending before the Commission en

banc, we are amending § 0.251 to

delegate authority to the General

Counsel to act on all requests for relief

in such proceedings, and to issue all

appropriate orders, except those

requests which involve final disposition

on the merits of a previously specified

issue concerning an applicant’s basic

qualifications or two or more applicants’

comparative qualifications. At the same

time, various other, conforming editorial

changes have also been made in § 0.251.

2. Authority for the adoption of the

amendments adopted herein is

contained in Sections 4(i), 4(j), 5(b),

5(c), and 303(r) of the Communications

Act of 1934, as amended. 47 U.S.C.

154(i), 154(j), 155(b), 155(c) and 303(r).

Because these amendments pertain to

agency organization, practice and

procedure, the notice and comment and

effective date provisions of the

Administrative Procedure Act, 5 U.S.C.

553(b)(A) and 553(d), are inapplicable.

3. Accordingly, it is ordered, that,

effective June 10, 1996, part 0 is

amended as set forth below.

List of Subjects in 47 CFR Part 0

Organization and functions

(Government Agencies).

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

Rule Changes

Part 0 of chapter I of title 47 of the

Code of Federal Regulations is amended

as follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Sec. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155, 225, unless

otherwise noted.

§ 0.251 [Amended]

2. Section 0.251 is amended by

adding paragraphs (c), (d), and (e),

removing paragraphs (f), (g), and (h) and

redesignating paragraphs (i) and (j) as

paragraphs (f) and (g) to read as follows:

* * * * *

(c) The General Counsel is delegated

authority in adjudicatory hearing

proceedings which are pending before

the Commission en banc to act on all

requests for relief, and to issue all

appropriate orders, except those which

involve final disposition on the merits

of a previously specified issue

concerning an applicant’s basic

qualifications or two or more applicants’

comparative qualifications.

(d) When an adjudicatory proceeding

is before the Commission for the

issuance of a final order or decision, the

General Counsel will make every effort

to submit a draft order or decision for

Commission consideration within four

months of the filing of the last

responsive pleading. If the Commission

is unable to adopt an order or decision

in such cases within five months of the

last responsive pleading, it shall issue

an order indicating that additional time

will be required to resolve the case.

(e) The official record of all actions

taken by the General Counsel pursuant

to § 0.251 (c) and (d) is contained in the

original docket folder, which is

maintained by the Secretary in the

Dockets Branch.

* * * * *

[FR Doc. 96–14570 Filed 6–7–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 90–66, RM–7139, RM–7368,

RM–7369]

Radio Broadcasting Services; Lincoln,

Osage Beach, Steelville and Warsaw,

MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This document denies the

petition for reconsideration filed by

Twenty One Sound Communications,

Inc., licensee of Station KNSX(FM),

Steelville, Missouri of our Report and

Order, 57 FR 21040 (May 18, 1992)

substituting Channel 228C3 for Channel

228A at Osage Beach, Missouri and

modified the license of Station KYLC,

Osage Beach, Missouri, to specify the

higher class channel. The Commission

affirmed the dismissal of Twenty One’s

counterproposal for failure to verify

pursuant to Section 1.52 of the

Commission’s Rules. With this action,

this proceeding is terminated.

EFFECTIVE DATE: June 10, 1996.