[Federal Register: January 10, 2006 (Volume 71, Number 6)]
[Rules and Regulations]
[Page 1496-1498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja06-7]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AL69
Reservists' Education: Revision of Eligibility Requirements for
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: This document amends the regulations governing the
administration of the Montgomery GI Bill--Selected Reserve (MGIB-SR)
program. The amendments implement provisions in the Veterans Benefits
and Health Care Improvement Act of 2000 and the Bob Stump National
Defense Authorization Act for Fiscal Year 2003. The Veterans Benefits
and Health Care Improvement Act of 2000 contained a provision that
changed an eligibility criterion concerning the time for obtaining a
high school diploma. The Bob Stump National Defense Authorization Act
for Fiscal Year 2003 expanded the MGIB-SR eligibility period from 10
years to 14 years for reservists who first become eligible after
September 30, 1992.
DATES: Effective Date: This final rule is effective January 10, 2006.
Applicability Dates: The changes are applied to conform to the
respective statutory requirements. For more information concerning the
dates of applicability, see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Lynn M. Nelson, Education Advisor,
Department of Veterans Affairs (225C), 810 Vermont Ave., NW.,
Washington, DC 20420, (202) 273-7187.
SUPPLEMENTARY INFORMATION: This document amends the regulations in 38
CFR part 21 governing the administration of the Montgomery GI Bill--
Selected Reserve (MGIB-SR) program in order to implement provisions in
the Veterans Benefits and Health Care Improvement Act of 2000 (Pub. L.
106-419) and the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Pub. L. 107-314).
One of the criteria a reservist must meet in order to establish
eligibility for
[[Page 1497]]
MGIB-SR benefits is receiving a high school diploma or its equivalent.
Before the enactment of Public Law 106-419 on November 1, 2000, the
reservist had to earn that diploma or its equivalent before completing
Initial Active Duty for Training (IADT) in the case of an original
enlistment, or before the date of the qualifying extension of
enlistment or reenlistment in all other cases. Public Law 106-419
provided instead for all reservists the requirement that they must earn
a high school diploma or its equivalent before applying to the
Department of Veterans Affairs (VA) for educational assistance
benefits. We are amending various paragraphs to make them conform to
these statutory provisions. Our amendments reflect our interpretation
that under the statute a reservist who unsuccessfully applies for
educational assistance before meeting this requirement would still be
able to meet this requirement by applying again after obtaining a high
school diploma or its equivalent.
Generally once MGIB-SR eligibility is established, a reservist
remains eligible for 10 years. A provision in Public Law 107-314,
expands the 10 year eligibility period to 14 years for certain
reservists. The 14 year eligibility period applies to reservists who
first become eligible for the MGIB-SR program after September 30, 1992.
This provision of Public Law 107-314 became effective October 1, 2002.
We are amending the paragraphs that address the MGIB-SR eligibility
period to reflect this change.
In addition, we are amending Sec. 21.1032 of subpart B to include
time limits for filing a claim for an extended period of eligibility
under 10 U.S.C. chapter 1606. The time limits for chapter 1606,
Montgomery GI Bill--Selected Reserve program, were previously stated in
Sec. 21.7532. In 1999, when we removed Sec. 21.7532 and consolidated
the time limit rules for all education assistance programs we
administer into Sec. 21.1032, we inadvertently did not show chapter
1606 in Sec. 21.1032(c). The final rule was published May 4, 1999 in
the Federal Register (64 FR 23769-23773). The SUMMARY and SUPPLEMENTARY
INFORMATION sections in that final rule clearly show we established
uniform rules for all educational assistance programs the Department of
Veterans Affairs administers. Prior to the final rule, a proposed rule
proposing to take the action was published in the Federal Register (63
FR 23408) on April 29, 1998.
Administrative Procedure Act
Substantive changes made by this final rule merely reflect
statutory requirements. 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.
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 Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. This final rule will directly affect
only individuals and will 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.
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 (adjusted annually for inflation) in any given
year. This final rule would have no such effect on State, local, or
tribal governments, or the private sector.
Catalog of Federal Domestic Assistance Program Numbers
The changes made by this final rule affect the Montgomery GI Bill--
Selected Reserve. There is no Catalog of Federal Domestic Assistance
number for the Montgomery GI--Bill Selected Reserve.
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: September 16, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
Approved: October 24, 2005.
Kenneth T. Venuto,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human
Resources.
Approved: December 21, 2005.
T.F. Hall,
Assistant Secretary of Defense for Reserve Affairs.
0
For the reasons set out above, 38 CFR part 21 (subparts B and L) is
amended as set forth below.
PART 21--[AMENDED]
Subpart B--Claims and Applications for Educational Assistance
0
1. The authority citation for part 21, subpart B continues to read as
follows:
Authority: 38 U.S.C. 501(a), ch. 51, unless otherwise noted.
0
2. Section 21.1032 is amended by:
0
a. In paragraph (c) introductory text, removing ``under 38 U.S.C.
chapter 30, 32, or 35.'', and adding, in its place, ``under 38 U.S.C.
chapter 30, 32, or 35, and 10 U.S.C. chapter 1606.'' and by removing
``Sec. 21.5042, or Sec. 21.7051'', and adding, in its place, ``Sec.
21.5042, Sec. 21.7051, or Sec. 21.7551'';
0
b. In paragraph (c)(1), removing ``or veteran's'', and adding, in its
place, ``veteran's, or reservist's'';
0
c. In paragraph (c)(2), removing ``or veteran's'', and adding, in its
place, ``veteran's, or reservist's''; and
0
d. Revising the authority citation for paragraph (c).
The revision reads as follows:
Sec. 21.1032 Time Limits.
* * * * *
(c) * * *
(Authority: 10 U.S.C. 16133(b); 38 U.S.C. 3031(d), 3232(a), 3512).
* * * * *
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
3. The authority citation for subpart L continues to read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
unless otherwise noted.
0
4. Section 21.7540 is amended by:
0
a. Revising paragraph (a) introductory text.
0
b. In paragraph (a)(3), removing ``Reserve; and'' and adding, in its
place, ``Reserve;''.
0
c. In paragraph (a)(4), removing ``30.'' and adding, in its place,
``30; and''.
0
d. Adding paragraph (a)(5).
0
e. Revising the authority citation at the end of paragraph (a).
[[Page 1498]]
The revisions and addition read as follows:
Sec. 21.7540 Eligibility for educational assistance.
(a) Basic eligibility requirements. A reservist must meet the
requirements for a secondary school diploma (or an equivalency
certificate) before applying for educational assistance. VA will decide
whether a reservist met those requirements before applying for
educational assistance. If the reservist applies before completing the
requirements, VA will disallow the application. A reservist's premature
application will not prevent the reservist from establishing
eligibility at a later time by applying for educational assistance
again after having completed the academic requirements. The Armed
Forces will decide whether a reservist has met all the other
eligibility criteria needed in order to receive educational assistance
pursuant to 10 U.S.C. chapter 1606. To be eligible a reservist:
* * * * *
(5) Must have met the requirements for a secondary school diploma
(or an equivalency certificate) before applying for educational
assistance.
(Authority: 10 U.S.C. 16132; 38 U.S.C. 3033(c)).
* * * * *
0
5. Section 21.7550 is amended by:
0
a. Redesignating paragraphs (b) through (d) as (c) through (e).
0
b. Adding a new paragraph (b).
0
c. Revising paragraph (a).
0
d. Revising redesignated paragraph (d) and its authority citation.
0
e. Revising redesignated paragraph (e).
The revisions read as follows:
Sec. 21.7550 Ending dates of eligibility.
(a) Time limit on eligibility. (1) Reservists who become eligible
before October 1, 1992. Except as provided in Sec. 21.7551 and
paragraphs (b), (c), (d), and (e) of this section, if the reservist
becomes eligible for educational assistance before October 1, 1992, the
period of eligibility expires effective the earlier of the following
dates:
(i) The last day of the 10-year period beginning on the date the
reservist becomes eligible for educational assistance; or
(ii) The date the reservist is separated from the Selected Reserve.
(2) Reservists who become eligible after September 30, 1992. Except
as provided in Sec. 21.7551 and paragraphs (b), (c), (d), and (e) of
this section, if a reservist becomes eligible for educational
assistance after September 30, 1992, the period of eligibility expires
effective the earlier of the following dates:
(i) The last day of the 14-year period beginning on the date the
reservist becomes eligible for educational assistance; or
(ii) The date the reservist is separated from the Selected Reserve.
(Authority: 10 U.S.C. 16133)
(b) Extension due to active duty orders. If the reservist serves on
active duty pursuant to an order to active duty issued under section
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, U.S. Code,
the period of this active duty plus four months shall not be considered
in determining the time limit on eligibility found in paragraph (a) of
this section.
(Authority: 10 U.S.C. 16133)
* * * * *
(d) Discharge for disability. In the case of a reservist separated
from the Selected Reserve because of a disability which was not the
result of the individual's own willful misconduct and which was
incurred on or after the date on which the reservist became entitled to
education assistance, the reservist's period of eligibility expires
effective the last day of the--
(1) 10-year period beginning on the date the reservist becomes
eligible for educational assistance if the reservist became eligible
before October 1, 1992; or
(2) 14-year period beginning on the date the reservist becomes
eligible for educational assistance if the reservist becomes eligible
after September 30, 1992.
(Authority: 10 U.S.C. 16133)
(e) Unit deactivated. (1) Except as provided in paragraph (e)(3) or
(e)(4) of this section, the period of eligibility of a reservist,
eligible for educational assistance under this subpart, who ceases to
become a member of the Selected Reserve during the period beginning
October 1, 1991, and ending December 31, 2001, under either of the
conditions described in paragraph (e)(2) of this section will expire on
the date--
(i) 10 years after the date the reservist becomes eligible for
educational assistance if the reservist became eligible before October
1, 1992; or
(ii) 14 years after the date the reservist becomes eligible for
educational assistance if the reservist becomes eligible after
September 30, 1992.
* * * * *
Sec. 21.7551 [Amended]
0
6. Section 21.7551 is amended by:
0
a. In paragraph (a) introductory text, removing ``Sec.
21.7550(a)(1)'', and adding, in its place, ``Sec. 21.7550(a)'';
0
b. In paragraph (a)(1), removing ``Sec. 21.7532(e) of this part.'',
and adding, in its place, ``Sec. 21.1033(c) of subpart B.''
0
c. In paragraph (b)(1), removing ``Sec. 21.7550(a)(1)'', and adding,
in its place, ``Sec. 21.7550(a)''; and
0
d. In paragraph (c)(1)(ii), removing ``Sec. 21.7550(a)(1)'', and
adding, in its place, ``Sec. 21.7550(a)''.
[FR Doc. 06-175 Filed 1-9-06; 8:45 am]
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