[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)] [Rules and Regulations] [Pages 32271-32272] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-15195] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900-AG63 Dependents and Veterans Education: Mitigating Circumstances and Other Miscellaneous Amendments AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the Vocational Rehabilitation and Education regulations to standardize the periods for submission of mitigating circumstances justifying a withdrawal from a course. Failure to submit mitigating circumstances within the prescribed time period could result in the creation of overpayments of educational assistance. This final rule applies to eligible persons receiving Dependents' Educational Assistance and veterans and servicemembers receiving educational assistance under the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP) and the Montgomery GI Bill--Active Duty. This document also amends such regulations to remove attendance recordkeeping requirements for educational institutions that do not have attendance standards. EFFECTIVE DATE: July 21, 1995. FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director for Policy and Program Administration, Education Service, Veterans Benefits Administration, (202) 273-7187. SUPPLEMENTARY INFORMATION: The proposed rule was published in the Federal Register of June 24, 1994 (59 FR 32671). Interested persons were given 60 days to submit comments, suggestions or objections. VA received one letter from a concerned individual. He urged the department to adopt the proposed rule. For the reasons stated in the proposal, VA is adopting the proposed rule as a final rule without any changes. The Secretary of Veterans Affairs hereby certifies that these revised regulations will not have a significant economic impact on a substantial number of small entities as they are [[Page 32272]] defined in the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612. Pursuant to 5 U.S.C. 605(b), the revised regulations, therefore, are exempt from the initial and final regulatory flexibility analyses requirements of sections 603 and 604. Any cost savings for schools which will result from no longer having to maintain attendance records will not have a significant economic impact on such schools. Further, other amendments directly affect only individuals. These regulations have been reviewed by OMB (the Office of Management and Budget) under provisions of E.O. 12866. The Catalog of Federal Domestic Assistance numbers for the programs affected by this final rule are 64.117, 64.120 and 64.124. List of Subjects in 38 CFR Part 21 Civil rights, Claims, Education, Grant programs--education, Loan programs--education, Reporting and recordkeeping requirements, Schools, Veterans, Vocational education, Vocational rehabilitation. Approved: March 29, 1995. Jesse Brown, Secretary of Veterans Affairs. For the reasons set out in the preamble, 38 CFR part 21, subparts D and K are amended as set forth below. PART 21--VOCATIONAL REHABILITATION AND EDUCATION Subpart D--Administration of Educational Benefits; 38 U.S.C. Chapters 34, 35, and 36 1. The authority citation for subpart D of part 21 continues to read as follows: Authority: 38 U.S.C. 501(a). 2. In Sec. 21.4136, paragraph (k)(1)(ii)(C) is revised to read as follows: Sec. 21.4136 Rates; educational assistance allowance; 38 U.S.C. Chapter 34. * * * * * (k) Mitigating circumstances. (1) * * * (ii) * * * (C) The veteran submits evidence supporting the existence of mitigating circumstances within one year of the date that evidence is requested by VA, or at a later date if the veteran is able to show good cause why the one-year time limit should be extended to the date on which he or she submitted the evidence supporting the existence of mitigating circumstances. * * * * * 3. In Sec. 21.4137, paragraph (h)(1)(ii)(C) is revised to read as follows: Sec. 21.4137 Rates; educational assistance allowance--38 U.S.C. Chapter 35. * * * * * (h) Mitigating circumstances. (1) * * * (ii) * * * (C) The eligible person submits evidence supporting the existence of mitigating circumstances within one year of the date that evidence is requested by VA, or at a later date if the eligible person is able to show good cause why the one-year time limit should be extended to the date on which he or she submitted the evidence supporting the existence of mitigating circumstances. * * * * * Sec. 21.4234 [Amended] 4. In Sec. 21.4234(d)(2)(iii), remove the phrase ``Secs. 21.4230 and 21.4231'', and add, in its place, the phrase ``Sec. 21.4230''. 5. In Sec. 21.4253, paragraph (d)(5) is revised and an authority citation is added for paragraph (d) to read as follows: Sec. 21.4253 Accredited courses. * * * * * (d) School qualification. * * * (5) If the school has a standard of attendance, it maintains records of attendance for veterans and eligible persons enrolled in resident courses which are adequate to show the student meets the school's standard of attendance. (Authority: 38 U.S.C. 3474, 3675) * * * * * Sec. 21.4262 [Amended] 6. In Sec. 21.4262(c)(10), remove the phrase ``as by'' and add, in its place, the phrase, ``as approved by''. Subpart K--All Volunteer Force Educational Assistance Program (New GI Bill) 7. The authority citation for subpart K of part 21 continues to read as follows: Authority: 38 U.S.C. chapter 30, Pub. L. 98-525; 38 U.S.C 501(a). Sec. 21.7042 [Amended] 8. In Sec. 21.7042(b)(9), remove the phrase ``subparagraph (8) of this subparagraph'', and add, in its place, the phrase ``paragraph (b)(8) of this section''. 9. In Sec. 21.7042(d)(2)(i)(A), remove the phrase ``paragraph (b)(b)'' and add, in its place, the phrase ``paragraph (b)''. 10. In Sec. 21.7139, paragraphs (b)(2), introductory text, and (b)(2)(ii) are revised and paragraph (b)(2)(iii) is added to read as follows: Sec. 21.7139 Conditions which result in reduced rates. * * * * * (b) Withdrawals and nonpunitive grades. * * * (2) All of the following exist. (i) * * * (ii) The veteran or servicemember submits a description of the mitigating circumstances in writing to VA within one year from the date VA notifies the veteran or servicemember that he or she must submit a description of the mitigating circumstances, or at a later date if the veteran or servicemember is able to show good cause why the one-year time limit should be extended to the date on which he or she submitted the description of the mitigating circumstances; and (iii) The veteran or servicemember submits evidence supporting the existence of mitigating circumstances within one year of the date that evidence is requested by VA, or at a later date if the veteran or servicemember is able to show good cause why the one-year time limit should be extended to the date on which he or she submitted the evidence supporting the existence of mitigating circumstances. * * * * * [FR Doc. 95-15195 Filed 6-20-95; 8:45 am] BILLING CODE 8320-01-P