[Federal Register: October 25, 2004 (Volume 69, Number 205)]
[Rules and Regulations]
[Page 62209-62210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc04-12]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AL81
Veterans Education: Increased Allowances for the Educational
Assistance Test Program
AGENCIES: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The law provides that the Secretary of Defense shall adjust
the rates of subsistence allowance and educational assistance under the
Educational Assistance Test Program annually. 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 determined
that the rates for the 2003-04 academic year should be increased by 9.6
percent over the rates payable for the 2002-03 academic year. The
regulations dealing with these rates are amended accordingly.
DATES: Effective Date: October 25, 2004.
Applicability Date: The changes in rates are applied retroactively
to October 1, 2003, to conform to statutory requirements. For more
information concerning the applicability date, see the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Lynn M. Nelson, Education Adviser
(225C), Education Service, Veterans Benefits Administration, Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202) 273-7294.
SUPPLEMENTARY INFORMATION: Section 2145 of title 10, United States
Code, provides that the Secretary of Defense shall make adjustments in
the amount of educational assistance offered in any academic year under
the Educational Assistance Test Program and likewise, in the amount of
subsistence allowance authorized under that program. This provision
further requires that these adjustments will 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
sections 2145, 2143, and 2144 of title 10, the Department of Defense
has obtained data from the Department of Education. The Department of
Defense has calculated that the costs of educational assistance and
subsistence allowance have each increased by 9.6 percent. Accordingly,
this final rule changes 38 CFR 21.5820 and 21.5822 to reflect a 9.6
percent increase in the rates payable in the 2003-04 academic year,
including changes needed to compensate for rounding.
The Secretary of Defense delegated the authority to administer the
benefit payment portion of the Educational Assistance Test Program,
also known as Section 901 benefits, to the Secretary of Veterans
Affairs (VA). Thus, VA regulations include the educational assistance
amounts payable under the program.
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, 2003, in accordance with the applicable statutory provisions
discussed above.
Administrative Procedure Act
Since changes made by this final rule only reflect statutory
requirements and adjustments based on previously established formulas,
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 new 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 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 such
consequential effect on State, local, or tribal governments.
[[Page 62210]]
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 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: July 28, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.
August 26, 2004.
William J. Carr,
Acting Deputy Under Secretary (Military Personnel Policy).
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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
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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.
21.5820 [Amended]
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2. Section 21.5820 is amended by:
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a. In paragraph (b)(1), removing ``2002-03'' and adding, in its place,
``2003-04'', and by removing ``$3,849'' and adding, it its place,
``$4,219''.
0
b. In paragraph (b)(2)(ii), removing ``2002-03'' and adding, in its
place, ``2003-04''.
0
c. In paragraphs (b)(2)(ii)(A) and (b)(3)(ii)(A), removing ``$427.67''
and adding, in each place, ``$468.78'', and by removing ``$213.84'' and
adding, in each place, ``$234.39''.
0
d. In paragraphs (b)(2)(ii)(B) and (b)(3)(ii)(B), removing ``$14.26''
and adding, in each place, ``$15.63'', and by removing ``$7.13'' and
adding, in each place, ``$7.81''.
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e. In paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C), removing ``3 cents''
and adding, in each place ``2 cents'', and by removing ``6 cents'' and
adding, in each place ``1 cent''.
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f. In paragraph (b)(3)(ii) introductory text, removing ``2002-03'' and
adding, in its place, ``2003-04''.
21.5822 [Amended]
0
3. Section 21.5822 is amended by:
0
a. In paragraphs (b)(1)(i) and (b)(2)(i), removing ``$959'' and adding,
in each place, ``$1,051'', and by removing ``2002-03'' and adding, in
each place, ``2003-04''.
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b. In paragraphs (b)(1)(ii) and (b)(2)(ii), removing ``$479.50'' and
adding, in each place, ``$525.50'', and by removing ``2002-03'' and
adding, in each place, ``2003-04''.
[FR Doc. 04-23756 Filed 10-22-04; 8:45 am]
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