[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Page 51901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25010]



[[Page 51901]]

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ70


Veterans Education: Montgomery GI Bill--Active Duty; 
Administrative Error

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and education 
benefit regulations of the Department of Veterans Affairs (VA). The 
amendment clarifies these provisions by stating that when VA, the 
Department of Defense (DOD), or the Department of Transportation (DOT) 
makes an administrative error or error in judgment that is the sole 
cause of an erroneous award under the Montgomery GI Bill--Active Duty, 
VA must reduce or terminate the award effective the date of last 
payment.

DATES: Effective Date: September 27, 1999.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education 
Advisor, Education Service, Veterans Benefits Administration, 202-273-
7187.

SUPPLEMENTARY INFORMATION: This document amends the educational 
assistance and education benefit regulations. VA, DOD, and DOT may 
occasionally make an administrative error or error in judgment that 
causes an overpayment of educational assistance under the Montgomery GI 
Bill--Active Duty (MGIB). Currently, 38 CFR 21.7135(v) provides that 
when an administrative error or error in judgment results in an 
erroneous award of educational assistance under the MGIB, the award 
will be reduced or terminated effective the date of last payment. This 
document clarifies these provisions by stating that the regulations 
cover administrative errors or errors in judgment made by VA, DOD, or 
DOT when the error is the sole cause of the erroneous award. This 
interprets statutory authority at 38 U.S.C. 5112(b) and 5113.

Administrative Procedure Act

    This document sets forth interpretive provisions. Accordingly, 
there is a basis for dispensing with notice-and-comment and a delayed 
effective date under 5 U.S.C. 553.

Executive Order 12866

    This final rule has been reviewed by OMB under Executive Order 
12866.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this 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 rule will affect individuals, but it will not 
affect small entities. Pursuant to 5 U.S.C. 605(b), this rule, 
therefore, is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

The Catalog of Federal Domestic Assistance number for the program 
affected by this rule is 64.124.

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: April 13, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, 38 CFR part 21 (subpart 
K) is amended as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart K--All Volunteer Force Educational Assistance Program 
(Montgomery GI Bill--Active Duty)

    1. The authority citation for part 21, subpart K, continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise 
noted.

    2. In Sec. 21.7135, paragraph (v)(2) is revised to read as follows:


Sec. 21.7135  Discontinuance dates.

* * * * *
    (v) * * *
    (2) When VA, the Department of Defense, or the Department of 
Transportation makes an administrative error or an error in judgment 
that is the sole cause of an erroneous award, VA must reduce or 
terminate the award effective the date of last payment.

    (Authority: 38 U.S.C. 5112(b), 5113)
* * * * *
[FR Doc. 99-25010 Filed 9-24-99; 8:45 am]
BILLING CODE 8320-01-P