[Federal Register: November 20, 2003 (Volume 68, Number 224)]
[Rules and Regulations]
[Page 65399-65401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no03-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AL52
Veterans Education: Increased Allowances for the Educational
Assistance Test Program
AGENCIES: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The law provides that rates of subsistence allowance and
educational assistance under the Educational Assistance Test Program
shall be adjusted annually by the Secretary of
[[Page 65400]]
Defense. The law further provides those rates must be adjusted based
upon the average actual cost of attendance at public institutions of
higher education in the 12-month period since the rates were last
adjusted. After obtaining data from the Department of Education, the
Department of Defense has concluded that the rates for the 2002-03
academic year should be increased by 4.3% over the rates payable for
the 2001-02 academic year. The regulations dealing with these rates are
amended accordingly.
DATES: Effective Date: November 20, 2003.
Applicability Date: The changes in rates are applied retroactively
to October 1, 2002, to conform to statutory requirements. For more
information concerning the applicability date, see the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Lynn M. Cossette, Education Adviser
(225C), Education Service, Veterans Benefits Administration, Department
of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420,
(202) 273-7294.
SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the
Secretary of Defense shall adjust the amount of educational assistance
which may be provided in any academic year under the Educational
Assistance Test Program and the amount of subsistence allowance
authorized under that program. The law further requires that the
adjustment is to be consistent with the change in the average actual
cost of attendance at public institutions of higher education over the
preceding 12-month period. As required by law, the Department of
Defense has obtained data from the Department of Education. The
Department of Defense has calculated that these costs increased by
4.3%. Accordingly, this final rule changes 38 CFR 21.5820 and 21.5822
to reflect a 4.3% increase in the rates payable in the 2002-03 academic
year, including changes needed to compensate for rounding.
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
notice-and-comment and a delayed effective date under 5 U.S.C. 552 and
553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
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.
Executive Order 12866
This document has been reviewed by the Office Of Management and
Budget under Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Defense 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. 501-612. This final
rule directly affects only individuals and does not directly affect
small entities. Pursuant to 5 U.S.C. 605(b), this final rule,
therefore, is exempt from the initial and final regulatory flexibility
analyses requirements of sections 603 and 604.
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 programs, Loan programs-education, Loan
programs-veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 9, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
Approved: September 5, 2003.
William J. Carr,
Acting Deputy Under Secretary (Military Personnel Policy).
0
For the reasons set out above, 38 CFR part 21, subpart H, is amended as
set forth below:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart H--Educational Assistance Test Program
0
1. The authority citation for part 21, subpart H, continues to read as
follows:
Authority: 10 U.S.C. ch.107; 38 U.S.C. 501(a), 3695, 5101, 5113,
5303A; 42 U.S.C. 2000; sec. 901, Pub. L. 96-342, 94 Stat. 1111-1114,
unless otherwise noted.
0
2. Section 21.5820 is amended by:
0
a. In paragraph (b)(1), removing ``2001-02'' and adding, in its place,
``2002-03'', and by removing ``$3,690'' and adding, it its place,
``$3,849''.
0
b. In paragraph (b)(2)(ii), removing ``2001-02'' and adding, in its
place, ``2002-03''.
0
c. In paragraphs (b)(2)(ii)(A) and (b)(3)(ii)(A), removing ``$410.00''
and adding, in each place, ``$427.67'', and by removing ``$205.00'' and
adding, in each place, ``$213.84''.
0
d. In paragraphs (b)(2)(ii)(B) and (b)(3)(ii)(B), removing ``$13.67''
and adding, in each place, ``$14.26'', and by removing ``$6.83'' and
adding, in each place, ``$7.13''.
0
e. Revising paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C).
0
f. In paragraph (b)(3)(ii) introductory text, removing ``2001-02'' and
adding, in its place, ``2002-03''.
The revisions read as follows:
Sec. 21.5820 Educational assistance.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(C) Adding the two results. If the enrollment period is as long as
or longer than the standard academic year, this amount will be
decreased by 3 cents for a full-time student and decreased by 6 cents
for a part-time student.
(3) * * *
(ii) * * *
(C) Adding the two results. If the enrollment period is as long as
or longer than a standard academic year, this amount will be decreased
by 3 cents for a full-time student and decreased by 6 cents for a part-
time student; and
* * * * *
[[Page 65401]]
Sec. 21.5822 [Amended]
0
3. Section 21.5822 is amended by:
0
a. In paragraphs (b)(1)(i) and (b)(2)(i), removing ``$919'' and adding,
in each place, ``$959'', and by removing ``2001-02'' and adding, in
each place, ``2002-03''.
0
b. In paragraphs (b)(1)(ii) and (b)(2)(ii), removing ``$459.50'' and
adding, in each place, ``$479.50'', and by removing ``2001-02'' and
adding, in each place, ``2002-03''.
[FR Doc. 03-28966 Filed 11-19-03; 8:45 am]
BILLING CODE 8320-01-P