Veterans Education: Non-Payment of VA Educational Assistance to Fugitive Felons, 25785-25787 [05-9733]
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Rules and Regulations
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under
Executive Order 13211.
Environment
We have analyzed this final rule
under Commandant Instruction
M16475.1D, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction, from further environmental
VerDate jul<14>2003
14:18 May 13, 2005
Jkt 205001
25785
assistance allowance to individuals
during any period that they are fugitive
felons. Section 505 further prohibits
payment of educational assistance
List of Subjects in 33 CFR Part 117
allowance to a dependent of a veteran
Bridges.
if the veteran is a fugitive felon. The
prohibitions apply to the following VA
Regulations
educational assistance programs:
I For the reasons set out in the preamble, Montgomery GI Bill-Active Duty, Postthe Coast Guard amends 33 CFR part 117 Vietnam Era Veteran’s Educational
as follows:
Assistance Program, and Survivors’ and
Dependents’ Educational Assistance.
PART 117—DRAWBRIDGE
DATES: Effective Date: This final rule is
OPERATION REGULATIONS
effective May 16, 2005.
Applicability Date. The substantive
I 1. The authority citation for part 117
changes made by this final rule are
continues to read as follows:
applied retroactively to December 27,
Authority: 33 U.S.C. 499; Department of
2001, to conform to statutory
Homeland Security Delegation No. 0170.1; 33
requirements.
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
FOR FURTHER INFORMATION CONTACT:
Stat. 5039.
Lynn M. Nelson, Education Advisor
(225C), Department of Veterans Affairs,
I 2. On June 18, 2005, from 9 a.m. to 5
p.m., § 117.593 is suspended and a new 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 273–7187.
§ 117.T592 is added to read as follows:
SUPPLEMENTARY INFORMATION: Section
§ 117.T592 Chelsea River.
505 of the Veterans Education and
(a) All drawbridges across the Chelsea Benefits Expansion Act of 2001, enacted
River shall open on signal; except that,
December 27, 2001, prohibits the
the P.J. McArdle Bridge, mile 0.3, need
payment of educational assistance
not open for the passage of vessel traffic allowance to veterans who are fugitive
from 9 a.m. to 5 p.m. on June 18, 2005.
felons. The Act further prohibits
(b) The opening signal for each
payment of educational assistance
drawbridge is two prolonged blasts
allowance to an otherwise eligible
followed by two short blasts and one
dependent of a veteran if the veteran or
prolonged blast. The acknowledging
the dependent is a fugitive felon. The
signal is three prolonged blasts when
prohibitions apply to the following
the draw can be opened immediately
educational assistance programs.
and two prolonged blasts when the
• Montgomery GI Bill—Active Duty
draw cannot be opened or is open and
(MGIB), 38 U.S.C. chapter 30;
must be closed.
• Post-Vietnam Era Veteran’s
Dated: May 5, 2005.
Educational Assistance Program
(VEAP), 38 U.S.C. chapter 32; and
J.L. Grenier,
• Survivors’ and Dependents’
Captain, U.S. Coast Guard, Acting
Educational Assistance (DEA), 38 U.S.C.
Commander, First Coast Guard District.
chapter 35.
[FR Doc. 05–9702 Filed 5–13–05; 8:45 am]
The amendments to the regulations
BILLING CODE 4910–15–P
include definitions for ‘‘fugitive felon’’
and ‘‘felony’’ as defined in the Act. VA
expanded the definition of ‘‘fugitive
DEPARTMENT OF VETERANS
felon’’ to show that individuals are
AFFAIRS
identified as such by Federal, State, or
local law enforcement officials. It is the
38 CFR Part 21
law enforcement officials, and not VA,
RIN 2900–AL79
who identify an individual as a
‘‘fugitive felon.’’
Veterans Education: Non-Payment of
The amendments include rules
VA Educational Assistance to Fugitive showing that educational assistance
Felons
allowance will be discontinued effective
AGENCY: Department of Veterans Affairs. the later of December 27, 2001, or the
date of the warrant for the arrest of the
ACTION: Final rule.
felon. In the case of a dependent, when
the veteran from whom the dependent
SUMMARY: This document amends
derives eligibility is the fugitive felon,
Department of Veterans Affairs (VA)
the date of discontinuance is the later of
regulations to reflect a provision in the
December 27, 2001, or the date of the
Veterans Education and Benefits
warrant for the arrest of the felon.
Expansion Act of 2001 (Act). The Act
Payment of educational assistance
contains a provision in section 505 that
prohibits VA from awarding educational allowance to an otherwise eligible
documentation. It has been determined
that this final rule does not significantly
impact the environment.
PO 00000
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16MYR1
25786
Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Rules and Regulations
individual may begin effective the date
the warrant is cleared. The rules are the
same for each education program listed
above.
Administrative Procedure Act
Changes made by this final rule
merely reflect statutory requirements.
Accordingly, this rule is exempt from
the notice-and-comment and delayedeffective-date requirements of 5 U.S.C.
553.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 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.
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.
Approved: May 10, 2005.
R. James Nicholson,
Secretary of Veterans Affairs.
For the reasons set out in the preamble,
38 CFR part 21 (subparts C, D, and K) is
amended as follows:
(4) Court documents (dated after the
warrant for the arrest of the felon)
showing the individual is no longer a
fugitive.
(Authority: 38 U.S.C. 5313B)
I
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart C—Survivors’ and
Dependents’ Educational Assistance
Under 38 U.S.C. Chapter 35
derived is a fugitive felon.
(2) The date of discontinuance of an
award of educational assistance
allowance to an eligible person is the
later of—
(i) The date of the warrant for the
arrest of the felon; or
(ii) December 27, 2001.
(Authority: 38 U.S.C. 5313B)
Subpart D—Administration of
Educational Assistance Programs
3. The authority citation for part 21,
subpart D continues to read as follows:
I
The Catalog of Federal Domestic
Assistance numbers for the programs
affected by this proposed rule are
64.117, 64.120, and 64.124.
Authority: 10 U.S.C. 2141 note, ch. 1606;
38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36,
unless otherwise noted.
VerDate jul<14>2003
14:18 May 13, 2005
Jkt 205001
4. Amend § 21.4131 to add paragraph
(i) immediately after the authority
citation at the end of paragraph (h) to
read as follows:
I
Administrative practice and
procedure, Armed forces, Civil rights,
Claims, Colleges and universities,
Conflict of interests, Education,
Employment, Grant programseducation, 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.
*
*
*
*
5. Amend § 21.4135 to add paragraph
(n) immediately after the authority
citation at the end of paragraph (m) to
read as follows:
I
§ 21.4135
Discontinuance dates.
*
*
*
*
(n) Fugitive felons: veterans eligible
I 1. The authority citation for part 21,
under 38 U.S.C. chapter 32. VA will not
subpart C continues to read as follows:
award educational assistance allowance
Authority: 38 U.S.C. 501(a), 512, 3500–
to an otherwise eligible veteran for any
3566, unless otherwise noted.
period after December 26, 2001, during
I 2. Amend § 21.3135 to add paragraph
which the veteran is a fugitive felon.
(j) immediately after the authority
The date of discontinuance of an award
citation at the end of paragraph (i) to read
of educational assistance allowance to a
as follows:
veteran who is a fugitive felon is the
later of—
§ 21.3135 Reduction or discontinuance
(1) The date of the warrant for the
dates for awards of educational assistance
allowance.
arrest of the felon; or
(2) December 27, 2001.
*
*
*
*
*
(j) Fugitive felons. (1) VA will not
(Authority: 38 U.S.C. 5313B)
award educational assistance allowance *
*
*
*
*
to an otherwise eligible person for any
I 6. Amend § 21.4200 to add and reserve
period after December 26, 2001, during
paragraphs (ee) through (jj) immediately
which the—
after the authority citation at the end of
(i) Eligible person is a fugitive felon;
paragraph (dd) and to add paragraphs
or
(kk) and (ll) to read as follows:
(ii) Veteran from whom eligibility is
Catalog of Federal Domestic Assistance
Program Numbers
List of Subjects in 38 CFR Part 21
*
§ 21.4131
*
*
*
*
(i) Fugitive felons. An award of
educational assistance allowance to an
otherwise eligible veteran or person will
begin effective the date the warrant for
the arrest of the felon is cleared by—
(1) Arrest;
(2) Surrendering to the issuing
authority;
(3) Dismissal; or
PO 00000
Frm 00034
Fmt 4700
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§ 21.4200
Definitions.
*
*
*
*
*
(ee)–(jj) [Reserved]
(kk) Fugitive felon. The term fugitive
felon means an individual identified as
such by Federal, State, or local law
enforcement officials and who is a
fugitive by reason of—
(1) Fleeing to avoid prosecution for an
offense, or an attempt to commit an
offense, which is a felony under the
laws of the place from which the person
flees;
(2) Fleeing to avoid custody or
confinement after conviction for an
offense, or an attempt to commit an
offense, which is a felony under the
laws of the place from which the person
flees; or
(3) Violating a condition of probation
or parole imposed for commission of a
felony under Federal or State law.
(Authority: 38 U.S.C. 5313B)
Commencing dates.
*
*
(ll) Felony. The term felony means a
major crime or offense defined as such
under the law of the place where the
offense was committed or under Federal
law. It includes a high misdemeanor
under the laws of a State which
characterizes as high misdemeanors
offenses that would be felony offenses
under Federal law.
(Authority: 38 U.S.C. 5313B)
E:\FR\FM\16MYR1.SGM
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Rules and Regulations
to an otherwise eligible veteran for any
period after December 26, 2001, during
which the veteran is a fugitive felon.
The date of discontinuance of an award
I 7. The authority citation for part 21,
of educational assistance allowance to a
subpart K continues to read as follows:
veteran who is a fugitive felon is the
later of—
Authority: 38 U.S.C. 501(a), chs. 30, 36,
(i) The date of the warrant for the
unless otherwise noted.
arrest of the felon; or
I 8. Amend § 21.7020 to add and reserve
(ii) December 27, 2001.
paragraphs (b)(52) through (b)(55)
(2) VA will not award educational
immediately after the authority citation
assistance allowance to a dependent
at the end of paragraph (b)(51) and to add
paragraphs (b)(56) and (b)(57) to read as who is otherwise eligible to transferred
entitlement if the dependent is a
follows:
fugitive felon or if the veteran who
§ 21.7020 Definitions.
transferred the entitlement is a fugitive
felon. The date of discontinuance of an
*
*
*
*
*
award of educational assistance
(b) * * *
(52)–(55) [Reserved]
allowance to a dependent is the later
(56) Fugitive felon. The term fugitive
of—
felon has the same meaning as provided
(i) The date of the warrant; or
(ii) December 27, 2001.
in § 21.4200(kk).
Subpart K—All Volunteer Force
Educational Assistance Program
(Montgomery GI Bill—Active Duty)
(Authority: 38 U.S.C. 5313B)
(Authority: 38 U.S.C. 5313B)
(57) Felony. The term felony has the
same meaning as provided in
§ 21.4200(ll).
*
*
*
*
*
[FR Doc. 05–9733 Filed 5–13–05; 8:45 am]
BILLING CODE 8320–01–P
(Authority: 38 U.S.C. 5313B)
9. Amend § 21.7131 to add paragraph
(q) immediately after the information
collection requirement approval
parenthetical at the end of paragraph (p)
to read as follows:
I
§ 21.7131
*
*
*
*
(q) Fugitive felons. (1) An award of
educational assistance allowance to an
otherwise eligible veteran may begin
effective the date the warrant for the
arrest of the felon is cleared by—
(i) Arrest;
(ii) Surrendering to the issuing
authority;
(iii) Dismissal; or
(iv) Court documents (dated after the
warrant) showing the veteran is no
longer a fugitive.
(2) An award of educational
assistance allowance to a dependent
who is otherwise eligible to transferred
entitlement may begin effective the date
the warrant is cleared by—
(i) Arrest;
(ii) Surrendering to the issuing
authority;
(iii) Dismissal; or
(iv) Court documents (dated after the
warrant) showing the individual is no
longer a fugitive.
(Authority: 38 U.S.C. 5313B)
10. Amend § 21.7135 to add paragraph
(aa) immediately after the authority
citation at the end of paragraph (z) to
read as follows:
I
Discontinuance dates.
*
*
*
*
*
(aa) Fugitive felons. (1) VA will not
award educational assistance allowance
VerDate jul<14>2003
Federal Emergency Management
Agency
Commencing dates.
*
§ 21.7135
DEPARTMENT OF HOMELAND
SECURITY
15:27 May 13, 2005
Jkt 205001
44 CFR Part 64
[Docket No. FEMA–7877]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
Department of Homeland Security.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
EFFECTIVE DATES: The effective date of
each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
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25787
If you wish to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael M. Grimm, Mitigation Division,
500 C Street, SW., Room 412,
Washington, DC 20472, (202) 646–2878.
The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the
National Flood Insurance Program, 42
U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. Accordingly, the communities
will be suspended on the effective date
in the third column. As of that date,
flood insurance will no longer be
available in the community. However,
some of these communities may adopt
and submit the required documentation
of legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, the Federal Emergency
Management Agency has identified the
special flood hazard areas in these
communities by publishing a Flood
Insurance Rate Map (FIRM). The date of
the FIRM if one has been published, is
indicated in the fourth column of the
table. No direct Federal financial
assistance (except assistance pursuant to
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in
connection with a flood) may legally be
provided for construction or acquisition
of buildings in the identified special
flood hazard area of communities not
participating in the NFIP and identified
for more than a year, on the Federal
Emergency Management Agency’s
initial flood insurance map of the
community as having flood-prone areas
SUPPLEMENTARY INFORMATION:
E:\FR\FM\16MYR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Rules and Regulations]
[Pages 25785-25787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9733]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AL79
Veterans Education: Non-Payment of VA Educational Assistance to
Fugitive Felons
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends Department of Veterans Affairs (VA)
regulations to reflect a provision in the Veterans Education and
Benefits Expansion Act of 2001 (Act). The Act contains a provision in
section 505 that prohibits VA from awarding educational assistance
allowance to individuals during any period that they are fugitive
felons. Section 505 further prohibits payment of educational assistance
allowance to a dependent of a veteran if the veteran is a fugitive
felon. The prohibitions apply to the following VA educational
assistance programs: Montgomery GI Bill-Active Duty, Post-Vietnam Era
Veteran's Educational Assistance Program, and Survivors' and
Dependents' Educational Assistance.
DATES: Effective Date: This final rule is effective May 16, 2005.
Applicability Date. The substantive changes made by this final rule
are applied retroactively to December 27, 2001, to conform to statutory
requirements.
FOR FURTHER INFORMATION CONTACT: Lynn M. Nelson, Education Advisor
(225C), Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 273-7187.
SUPPLEMENTARY INFORMATION: Section 505 of the Veterans Education and
Benefits Expansion Act of 2001, enacted December 27, 2001, prohibits
the payment of educational assistance allowance to veterans who are
fugitive felons. The Act further prohibits payment of educational
assistance allowance to an otherwise eligible dependent of a veteran if
the veteran or the dependent is a fugitive felon. The prohibitions
apply to the following educational assistance programs.
Montgomery GI Bill--Active Duty (MGIB), 38 U.S.C. chapter
30;
Post-Vietnam Era Veteran's Educational Assistance Program
(VEAP), 38 U.S.C. chapter 32; and
Survivors' and Dependents' Educational Assistance (DEA),
38 U.S.C. chapter 35.
The amendments to the regulations include definitions for
``fugitive felon'' and ``felony'' as defined in the Act. VA expanded
the definition of ``fugitive felon'' to show that individuals are
identified as such by Federal, State, or local law enforcement
officials. It is the law enforcement officials, and not VA, who
identify an individual as a ``fugitive felon.''
The amendments include rules showing that educational assistance
allowance will be discontinued effective the later of December 27,
2001, or the date of the warrant for the arrest of the felon. In the
case of a dependent, when the veteran from whom the dependent derives
eligibility is the fugitive felon, the date of discontinuance is the
later of December 27, 2001, or the date of the warrant for the arrest
of the felon. Payment of educational assistance allowance to an
otherwise eligible
[[Page 25786]]
individual may begin effective the date the warrant is cleared. The
rules are the same for each education program listed above.
Administrative Procedure Act
Changes made by this final rule merely reflect statutory
requirements. Accordingly, this rule is exempt from the notice-and-
comment and delayed-effective-date requirements of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 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.
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.
Catalog of Federal Domestic Assistance Program Numbers
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this proposed rule are 64.117, 64.120, and 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, 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: May 10, 2005.
R. James Nicholson,
Secretary of Veterans Affairs.
0
For the reasons set out in the preamble, 38 CFR part 21 (subparts C, D,
and K) is amended as follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
0
1. The authority citation for part 21, subpart C continues to read as
follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise
noted.
0
2. Amend Sec. 21.3135 to add paragraph (j) immediately after the
authority citation at the end of paragraph (i) to read as follows:
Sec. 21.3135 Reduction or discontinuance dates for awards of
educational assistance allowance.
* * * * *
(j) Fugitive felons. (1) VA will not award educational assistance
allowance to an otherwise eligible person for any period after December
26, 2001, during which the--
(i) Eligible person is a fugitive felon; or
(ii) Veteran from whom eligibility is derived is a fugitive felon.
(2) The date of discontinuance of an award of educational
assistance allowance to an eligible person is the later of--
(i) The date of the warrant for the arrest of the felon; or
(ii) December 27, 2001.
(Authority: 38 U.S.C. 5313B)
Subpart D--Administration of Educational Assistance Programs
0
3. The authority citation for part 21, subpart D continues to read as
follows:
Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs.
30, 32, 34, 35, 36, unless otherwise noted.
0
4. Amend Sec. 21.4131 to add paragraph (i) immediately after the
authority citation at the end of paragraph (h) to read as follows:
Sec. 21.4131 Commencing dates.
* * * * *
(i) Fugitive felons. An award of educational assistance allowance
to an otherwise eligible veteran or person will begin effective the
date the warrant for the arrest of the felon is cleared by--
(1) Arrest;
(2) Surrendering to the issuing authority;
(3) Dismissal; or
(4) Court documents (dated after the warrant for the arrest of the
felon) showing the individual is no longer a fugitive.
(Authority: 38 U.S.C. 5313B)
* * * * *
0
5. Amend Sec. 21.4135 to add paragraph (n) immediately after the
authority citation at the end of paragraph (m) to read as follows:
Sec. 21.4135 Discontinuance dates.
* * * * *
(n) Fugitive felons: veterans eligible under 38 U.S.C. chapter 32.
VA will not award educational assistance allowance to an otherwise
eligible veteran for any period after December 26, 2001, during which
the veteran is a fugitive felon. The date of discontinuance of an award
of educational assistance allowance to a veteran who is a fugitive
felon is the later of--
(1) The date of the warrant for the arrest of the felon; or
(2) December 27, 2001.
(Authority: 38 U.S.C. 5313B)
* * * * *
0
6. Amend Sec. 21.4200 to add and reserve paragraphs (ee) through (jj)
immediately after the authority citation at the end of paragraph (dd)
and to add paragraphs (kk) and (ll) to read as follows:
Sec. 21.4200 Definitions.
* * * * *
(ee)-(jj) [Reserved]
(kk) Fugitive felon. The term fugitive felon means an individual
identified as such by Federal, State, or local law enforcement
officials and who is a fugitive by reason of--
(1) Fleeing to avoid prosecution for an offense, or an attempt to
commit an offense, which is a felony under the laws of the place from
which the person flees;
(2) Fleeing to avoid custody or confinement after conviction for an
offense, or an attempt to commit an offense, which is a felony under
the laws of the place from which the person flees; or
(3) Violating a condition of probation or parole imposed for
commission of a felony under Federal or State law.
(Authority: 38 U.S.C. 5313B)
(ll) Felony. The term felony means a major crime or offense defined
as such under the law of the place where the offense was committed or
under Federal law. It includes a high misdemeanor under the laws of a
State which characterizes as high misdemeanors offenses that would be
felony offenses under Federal law.
(Authority: 38 U.S.C. 5313B)
[[Page 25787]]
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
0
7. 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.
0
8. Amend Sec. 21.7020 to add and reserve paragraphs (b)(52) through
(b)(55) immediately after the authority citation at the end of
paragraph (b)(51) and to add paragraphs (b)(56) and (b)(57) to read as
follows:
Sec. 21.7020 Definitions.
* * * * *
(b) * * *
(52)-(55) [Reserved]
(56) Fugitive felon. The term fugitive felon has the same meaning
as provided in Sec. 21.4200(kk).
(Authority: 38 U.S.C. 5313B)
(57) Felony. The term felony has the same meaning as provided in
Sec. 21.4200(ll).
(Authority: 38 U.S.C. 5313B)
0
9. Amend Sec. 21.7131 to add paragraph (q) immediately after the
information collection requirement approval parenthetical at the end of
paragraph (p) to read as follows:
Sec. 21.7131 Commencing dates.
* * * * *
(q) Fugitive felons. (1) An award of educational assistance
allowance to an otherwise eligible veteran may begin effective the date
the warrant for the arrest of the felon is cleared by--
(i) Arrest;
(ii) Surrendering to the issuing authority;
(iii) Dismissal; or
(iv) Court documents (dated after the warrant) showing the veteran
is no longer a fugitive.
(2) An award of educational assistance allowance to a dependent who
is otherwise eligible to transferred entitlement may begin effective
the date the warrant is cleared by--
(i) Arrest;
(ii) Surrendering to the issuing authority;
(iii) Dismissal; or
(iv) Court documents (dated after the warrant) showing the
individual is no longer a fugitive.
(Authority: 38 U.S.C. 5313B)
0
10. Amend Sec. 21.7135 to add paragraph (aa) immediately after the
authority citation at the end of paragraph (z) to read as follows:
Sec. 21.7135 Discontinuance dates.
* * * * *
(aa) Fugitive felons. (1) VA will not award educational assistance
allowance to an otherwise eligible veteran for any period after
December 26, 2001, during which the veteran is a fugitive felon. The
date of discontinuance of an award of educational assistance allowance
to a veteran who is a fugitive felon is the later of--
(i) The date of the warrant for the arrest of the felon; or
(ii) December 27, 2001.
(2) VA will not award educational assistance allowance to a
dependent who is otherwise eligible to transferred entitlement if the
dependent is a fugitive felon or if the veteran who transferred the
entitlement is a fugitive felon. The date of discontinuance of an award
of educational assistance allowance to a dependent is the later of--
(i) The date of the warrant; or
(ii) December 27, 2001.
(Authority: 38 U.S.C. 5313B)
* * * * *
[FR Doc. 05-9733 Filed 5-13-05; 8:45 am]
BILLING CODE 8320-01-P
