[Federal Register: July 21, 2003 (Volume 68, Number 139)]
[Rules and Regulations]
[Page 42977-42978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy03-17]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AL41
Increase in Rates Payable Under the Montgomery GI Bill--Selected
Reserve
AGENCIES: Department of Defense, Department of Homeland Security (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: By statute, the monthly rates of basic educational assistance
payable to reservists under the Montgomery GI Bill--Selected Reserve
must be adjusted each fiscal year. In accordance with the statutory
formula, the regulations governing rates of basic educational
assistance payable under the Montgomery GI Bill--Selected Reserve for
Fiscal Year 2003 (October 1, 2002, through September 30, 2003) are
changed to show a 1.5% increase in these rates.
DATES: Effective Date: This final rule is effective July 21, 2003.
Applicability Date: The changes in rates are applied retroactively
to conform to statutory requirements. For more information concerning
the dates of application, see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Lynn M. Cossette, Education Adviser,
Education Service (225C), Veterans Benefits Administration, Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
telephone (202) 273-7294.
SUPPLEMENTARY INFORMATION: Under the formula mandated by 10 U.S.C.
16131(b) for Fiscal Year 2003, the rates of basic educational
assistance under the Montgomery GI Bill--Selected Reserve payable to
students pursuing a program of education full time, three-quarter time,
and half time must be increased by 1.5%, which is the percentage by
which the total of the monthly Consumer Price Index-W for July 1, 2001,
through June 30, 2002, exceeds the total of the monthly Consumer Price
Index-W for July 1, 2000, through June 30, 2001.
10 U.S.C. 16131(b) requires that full-time, three-quarter time, and
half-time rates be increased as noted above. In addition, 10 U.S.C.
16131(d) requires that monthly rates payable to reservists in
apprenticeship or other on-the-job training must be set at a given
percentage of the full-time rate. Hence, there is a 1.5% raise for such
training as well.
10 U.S.C. 16131(b) also requires that the Department of Veterans
Affairs (VA) pay reservists training less than half time at an
appropriately reduced rate. Since payment for less than half-time
training became available under the Montgomery GI Bill--Selected
Reserve in Fiscal Year 1990, VA has paid less than half-time students
at 25% of the full-time rate. Changes are made consistent with the
authority and formula described in this paragraph.
A nonsubstantive correction is made in 38 CFR 21.7636 to designate
the table as paragraph (a)(2)(i).
The changes set forth in this final rule are effective from the
date of publication, but the changes in rates are applied from October
1, 2002, in accordance with the applicable statutory provisions
discussed above.
Administrative Procedure Act
Substantive changes made by this final rule merely reflect
statutory requirements and adjustments made based on previously
established formulas. Accordingly, there is a basis for dispensing with
prior notice and comment and delayed effective date provisions of 5
U.S.C. 552 and 553.
Executive Order 12866
This document has been reviewed by the Office of Management and
Budget under Executive Order 12866.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule, because a notice of proposed
rulemaking is not required for this rule. Even so, 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. This final rule
directly affects only individuals and does not directly affect small
entities. Therefore, this final rule is also exempt pursuant to 5
U.S.C. 605(b) from the initial and final regulatory flexibility
analyses requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of anticipated costs and benefits before
developing any rule that may result in an expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any given year. This rule would have no
consequential effect on State, local, or tribal governments.
Catalog of Federal Domestic Assistance Program Numbers
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 programs, Loan programs-education, Loan
[[Page 42978]]
programs-veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: February 20, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Acting Assistant Commandant for Human
Resources.
Charles S. Abell,
Principal Deputy Under Secretary of Defense (Personnel and Readiness).
0
For the reasons set out above, 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
0
1. The authority citation for part 21, subpart L, continues to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), ch. 36, unless
otherwise noted.
0
2. Section 21.7636 is amended by:
0
a. Revising paragraphs (a)(1) and (a)(2)(i) introductory text and
table.
0
b. In paragraph (a)(3), removing ``September 30, 2001, and before
October 1, 2002,'' and adding, in its place, ``September 30, 2002, and
before October 1, 2003,''.
The revisions read as follows:
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section or in Sec. 21.7639, the monthly rate of
educational assistance payable for training that occurs after September
30, 2002, and before October 1, 2003, to a reservist pursuing a program
of education is the rate stated in this table:
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
Full time............................................... $276.00
\3/4\ time.............................................. 207.00
\1/2\ time.............................................. 137.00
\1/4\ time.............................................. 69.00
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(2)(i) The monthly rate of basic educational assistance payable to
a reservist for apprenticeship or other on-the-job training full time
that occurs after September 30, 2002, and before October 1, 2003, is
the rate stated in this table:
------------------------------------------------------------------------
Training period Monthly rate
------------------------------------------------------------------------
First six months of pursuit of training................. $207.00
Second six months of pursuit of training................ 151.80
Remaining pursuit of training........................... 96.60
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[FR Doc. 03-18435 Filed 7-18-03; 8:45 am]
BILLING CODE 8320-01-P