Post-9/11 GI Bill, 34250-34255 [2013-13504]
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
70.82 also issued under Atomic Energy Act
sec. 108 (42 U.S.C. 2138).
22. In § 70.25, revise paragraph (f)(2)
introductory text to read as follows:
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§ 70.25 Financial assurance and
recordkeeping for decommissioning.
24. In § 73.6, revise paragraphs (a) and
(b) to read as follows:
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(f) * * *
(2) A surety method, insurance, or
other guarantee method. These methods
guarantee that decommissioning costs
will be paid. A surety method may be
in the form of a surety bond, or letter of
credit. A parent company guarantee of
funds for decommissioning costs based
on a financial test may be used if the
guarantee and test are as contained in
appendix A to part 30 of this chapter.
For commercial corporations that issue
bonds, a guarantee of funds by the
applicant or licensee for
decommissioning costs based on a
financial test may be used is the
guarantee and test are as contained in
appendix C to part 30 of this chapter.
For commercial companies that do not
issue bonds, a guarantee of funds by the
applicant or licensee for
decommissioning costs may be used if
the guarantee and test are as contained
in appendix D to part 30 of this chapter.
For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a
guarantee of funds by the applicant or
licensee may be used if the guarantee
and test are as contained in appendix E
to part 30 of this chapter. Except for an
external sinking fund, a parent company
guarantee or a guarantee by the
applicant or licensee may not be used in
combination with any other financial
methods used to satisfy the
requirements of this section. A
guarantee by the applicant or licensee
may not be used in any situation where
the applicant or licensee has a parent
company holding majority control of the
voting stock of the company. Any surety
method or insurance used to provide
financial assurance for
decommissioning must contain the
following conditions:
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PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS
23. The authority citation for part 73
continues to read as follows:
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■
Authority: Atomic Energy Act secs. 53,
147, 161, 223, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2273, 2282, 2297(f),
2210(e)); Energy Reorganization Act sec. 201,
204 (42 U.S.C. 5841, 5844); Government
Paperwork Elimination Act sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109–58, 119 Stat.
594 (2005).
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Section 73.1 also issued under Nuclear
Waste Policy Act secs. 135, 141 (42 U.S.C,
10155, 10161). Section 73.37(f) also issued
under sec. 301, Pub. L. 96–295, 94 Stat. 789
(42 U.S.C. 5841 note).
§ 73.6 Exemptions for certain quantities
and kinds of special nuclear material.
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(a) Uranium-235 contained in
uranium enriched to less than 20
percent in the U–235 isotope.
(b) Special nuclear material which is
not readily separable from other
radioactive material and which has a
total external radiation level in excess of
1 Gray (100 Rad) per hour at a distance
of 1 meter (3.3 feet) from any accessible
surface without intervening shielding.
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PART 100—REACTOR SITE CRITERIA
25. The authority citation for part 100
continues to read as follows:
■
Authority: Atomic Energy Act secs. 103,
104, 161, 182 (42 U.S.C. 2133, 2134, 2201,
2232); Energy Reorganization Act secs. 201,
202 (42 U.S.C. 5841, 5842); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note).
26. In § 100.20, revise paragraph (b) to
read as follows:
■
the type of facility proposed to be
located at the site;
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■ 28. In appendix A to part 100, section
II, revise the second paragraph to read
as follows:
Appendix A to Part 100—Seismic and
Geologic Siting Criteria for Nuclear
Power Plants
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II. SCOPE
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The investigations described in this
appendix are within the scope of
investigations permitted by § 50.10(a)(2)(ii) of
this chapter.
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Dated at Rockville, Maryland, this 31st day
of May 2013.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and
Directives Branch, Division of Administrative
Services, Office of Administration.
[FR Doc. 2013–13539 Filed 6–6–13; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 65
§ 100.20 Factors to be considered when
evaluating sites.
[Docket ID: DOD–2009–OS–0021]
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RIN 0790–AI43
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(b) The nature and proximity of manrelated hazards (e.g., airports, dams,
transportation routes, military and
chemical facilities) must be evaluated to
establish site characteristics for use in
determining whether a plant design can
accommodate commonly occurring
hazards, and whether the risk of other
hazards is very low.
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■ 27. In § 100.21, revise paragraphs (d)
and (e) to read as follows:
§ 100.21
Non-seismic siting criteria.
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(d) The physical characteristics of the
site, including meteorology, geology,
seismology, and hydrology must be
evaluated and site characteristics
established such that potential threats
from such physical characteristics will
pose no undue risk to the type of facility
proposed to be located at the site;
(e) Potential hazards associated with
nearby transportation routes, industrial
and military facilities must be evaluated
and site characteristics established such
that potential hazards from such routes
and facilities will pose no undue risk to
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Post-9/11 GI Bill
Office of the Under Secretary of
Defense for Personnel and Readiness/
Office of the Deputy Assistant Secretary
of Defense for Military Personnel Policy,
DoD.
ACTION: Final rule.
AGENCY:
This final rule establishes
policy, assigns responsibilities, and
prescribes procedures for carrying out
the Post-9/11 GI Bill. It establishes
policy for the use of supplemental
educational assistance (hereafter
referred to as ‘‘kickers’’) for Service
members with critical skills or
specialties, or for members serving
additional service; for authorizing the
transferability of education benefits
(TEB); and the DoD Office of the
Actuary to perform determinations in
support of DoD funding responsibilities.
DATES: Effective Date: This rule is
effective July 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Robert Clark, (703) 697–9267.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Executive Summary
I. Purpose of the Regulatory Action
This rule will provide the mechanism
to implement the Secretary of Defense
authorities with regard to Supplemental
Educational Benefits (Kickers) and
transferability of educational benefits to
family members to aid recruiting and
retention of the Armed Forces under
chapter 33 38 U.S.C. chapter 33, and
enable the Secretary of Defense to
establish policy, assign responsibilities,
and prescribe procedures for such
authorities.
II. Summary of the Major Provisions of
the Regulatory Action in Question
This rule establishes policy, assigns
responsibilities, and prescribes
procedures for carrying out the Post-9/
11 GI Bill, as codified in 38 U.S.C.
chapter 33. It establishes policy for the
use of supplemental educational
assistance ‘‘kickers’’, for members with
critical skills or specialties, or for
members serving additional service; for
authorizing the transferability of
education benefits; and for the DoD
Education Benefits Fund Board of
Actuaries to perform determinations in
support of DoD funding responsibilities
for ‘‘kickers.’’
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III. Costs and Benefits
There is no cost to the public.
Administrative costs to the Department
of Defense for implementation of the
authorities under this rule are
negligible. Workload will be
accomplished with existing staffing and
be integrated into normal business.
There will be no new costs for
supplemental educational assistance, or
‘‘kickers’’, since the Services will use
existing programmed and budgeted
resources currently dedicated to
Montgomery GI Bill (MGIB) ‘‘kickers’’.
Benefits of ‘‘kickers’’ should parallel
those of the existing MGIB ‘‘kickers’’,
which give the Services the ability to
channel ‘‘high-quality’’ youth into
critical ‘‘hard-to-fill’’ specialties.
Transferability of educational benefits to
family members will aid recruiting and
retention of the Armed Forces.
Public Comments
The Department of Defense published
an interim final rule on June 5, 2009 (74
FR 30212–30220) with a request for
comments. The following two
comments were received:
Comment 1: The Post-9/11 GI Bill
does not allow funds to be allocated for
advanced flight training. Any training
beyond the pilot certificate is
considered progressive and career
oriented in nature. The airline industry
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continues to see a decline in the number
of future pilots currently in training due
to the increase in costs, the immense
number of hours required to achieve an
Airline Transport Rating, and a decade
of low interest in taking up Piloting as
a career. As such, allowing Post-9/11 GI
Bill funds to be used for pilot training
beyond the private pilot certificate
would not only energize more soldiers
to seek a career in aviation, it will open
up the potential for flight schools, future
hires, as well as injecting mature career
oriented veterans into the airline
industry.
Comment 2: When this document was
initially introduced, information was
obtained from the state of California
regarding public universities only and
doesn’t provide for an opportunity for
veterans to utilize benefits that they
qualify because the cost of tuition is
listed as zero. There are a large majority
of public universities and colleges that
are no longer accepting applications
thereby forcing applicants to apply for
private universities. With the tuition
listed as zero, no tuition is being paid
for veterans in California.
DoD Response to Comments 1 and 2:
DoD’s final rule is limited to specific
DoD roles relating to administration of
the Post-9/11 GI Bill. These are the
establishment of policy for the use of
supplemental educational assistance
(‘‘kickers’’) for Service members with
critical skills or specialties, or for
members serving additional service; for
authorizing the transferability of
education benefits (TEB); and the DoD
Office of the Actuary to perform
determinations in support of DoD
funding responsibilities. The two public
comments received are outside the
scope of this rule and relate specifically
to the implementation of the actual
Post-9/11 GI Bill benefit, which is
implemented by the Department of
Veterans Affairs (VA). VA decides how
the GI Bill benefits may be used for
aviation school and also implements
benefits available for use towards
private school tuition (which is about
$18,000 per year now), not DoD.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been certified that 32 CFR part
65 does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
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State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive Orders.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that 32 CFR part
65 does not contain a Federal mandate
that may result in expenditure by State,
local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
65 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
65 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
65 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 65
Armed forces, Education.
Accordingly 32 CFR part 65 is revised
to read as follows:
PART 65—POST-9/11 GI BILL
Sec.
65.1
65.2
65.3
65.4
65.5
65.6
Purpose.
Applicability.
Definitions.
Policy.
Responsibilities.
Procedures.
Authority: 38 U.S.C. chapter 33.
§ 65.1
Purpose.
This part:
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(a) Establishes policy, assigns
responsibilities, and prescribes
procedures for implementing DoD
authorities and responsibilities for
chapter 33 of title 38, United States
Code (U.S.C.) (also known and hereafter
referred to as ‘‘the Post-9/11 GI Bill’’)
(b) Establishes policy for the use of
supplemental educational assistance
(hereafter referred to as ‘‘kickers’’) for
Service members with critical skills or
specialties, or for members serving
additional service in accordance with 38
U.S.C. 3316.
(c) Establishes policy for authorizing
the transferability of education benefits
(TEB) in accordance with 38 U.S.C.
3319.
(d) Assigns responsibility to the DoD
Office of the Actuary to perform
determinations in support of DoD
funding responsibilities for 38 U.S.C.
chapter 33 in accordance with 10 U.S.C.
183 and 2006.
§ 65.2
Applicability.
This part applies to the Office of the
Secretary of Defense, the Military
Departments (including the Coast Guard
at all times, including when it is a
Service in the Department of Homeland
Security (DHS) by agreement with that
Department), the Office of the Chairman
of the Joint Chiefs of Staff and the Joint
Staff, the Combatant Commands, the
Office of the Inspector General of the
Department of Defense, the Defense
Agencies, the DoD Field Activities, and
all other organizational entities within
the DoD (hereinafter referred to
collectively as the ‘‘DoD Components’’).
Section 65.6 of this part also applies to
the Commissioned Corps of the Public
Health Service (PHS) by agreement with
the Surgeon General, and to the
National Oceanic and Atmospheric
Administration Commissioned Officer
Corps (NOAA Corps) by agreement with
the Director, NOAA Corps.
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§ 65.3
Definitions.
Unless otherwise noted, these terms
and their definitions are for the purpose
of this part:
Active duty. For the Post-9/11 GI Bill,
the term ‘‘active duty’’ is defined in 38
U.S.C. 3301(1).
Affiliation kicker. Supplemental
educational assistance that may be
offered by the Secretary of a Military
Department to the monthly amount of
educational assistance otherwise
payable to an individual pursuant to
paragraph (1)(B), or to paragraphs (2)
through (7) (as applicable), of 38 U.S.C.
3313(c), to a Service member who is
separating honorably from a regular
component and who agrees to serve in
the Selected Reserve in a skill, specialty,
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or unit in which there is a critical
shortage of personnel or for which it is
difficult to recruit and/or retain.
Enlistment kicker. Supplemental
educational assistance that may be
offered by a Secretary of a Military
Department to the monthly amount of
educational assistance otherwise
payable to an individual pursuant to
paragraph (1)(B), or to paragraphs (2)
through (7) (as applicable), of 38 U.S.C.
3313(c), who initially enlists in a regular
component in a skill or specialty in
which there is a critical shortage of
personnel or for which it is difficult to
recruit.
Family member. A spouse or child as
codified in 38 U.S.C. 101 who is
enrolled in Defense Eligibility
Enrollment Reporting System (DEERS).
Kickers. Supplemental educational
assistance that may be offered by a
Secretary of a Military Department to
the monthly amount of educational
assistance otherwise payable to an
individual pursuant to paragraph (1)(B),
or to paragraphs (2) through (7) (as
applicable), of 38 U.S.C. 3313(c).
Reenlistment kicker. Supplemental
educational assistance that may be
offered by a Secretary of a Military
Department to the monthly amount of
educational assistance otherwise
payable to an individual pursuant to
paragraph (1)(B), or to paragraphs (2)
through (7) (as applicable), of 38 U.S.C.
3313(c), to a member who, after
completing 5 or more years of
continuous service, signs an agreement
to remain on active duty for a period of
at least 2 years.
Secretary Concerned. For a member of
the Army, the Navy, the Air Force, the
Marine Corps, and the Coast Guard
when it is operating as a Service of the
Department of the Navy, the term means
the Secretary of the Military Department
with jurisdiction over that Service
member. For a member of the Coast
Guard when the Coast Guard is
operating as a Service of the DHS, the
term means the Secretary of Homeland
Security. For a member of the PHS, the
term means the Surgeon General. For a
member of the NOAA Corps, the term
means the Director, NOAA Corps.
Service member. An individual
serving on active duty or in the Selected
Reserve. Does not include other
members of the Ready Reserve (such as
the Individual Ready Reserve, standby
Reserve, or retired Service members,
unless they are serving on active duty.)
For purposes of § 65.6, includes
members of the PHS and members of the
NOAA Corps.
§ 65.4
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Policy.
It is DoD policy that:
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(a) Kickers may be authorized to assist
in the recruitment, reserve affiliation,
and retention of individuals into skills
or specialties in which there are critical
shortages or for which it is difficult to
recruit or, in the case of critical units,
to retain personnel.
(b) Transferability of education
benefits may be used to promote
recruitment and retention.
§ 65.5
Responsibilities.
(a) The Deputy Assistant Secretary of
Defense for Military Personnel Policy
(DASD(MPP)), under the authority,
direction, and control of the Assistant
Secretary of Defense for Readiness and
Force Management, shall:
(1) Develop guidance and procedures
for implementation and oversight of
DoD authorities and responsibilities
under the Post-9/11 GI Bill.
(2) Coordinate administrative
procedures of the Post-9/11 GI Bill with
the Department of Veterans Affairs (VA),
and other appropriate DoD and
intergovernmental agencies, as
applicable.
(3) Review and approve each Military
Department plan to use supplemental
assistance in accordance with the
provisions of 38 U.S.C. 3316.
(4) Establish the standard data
elements needed to administer the Post9/11 GI Bill.
(b) The Under Secretary of Defense
(Comptroller) (USD(C))/Chief Financial
Officer (CFO) (USD(C)/CFO),
Department of Defense shall:
(1) Provide guidance on budgeting,
accounting, and funding for the
educational benefits program in support
of plans established in § 65.6, and for
investing the available DoD Education
Benefits Fund balance.
(2) In coordination with the
DASD(MPP), review and approve the
Military Department budget estimates
for the supplemental payments in
accordance with the provisions of 38
U.S.C. 3316.
(c) The Director, Department of
Defense Human Resources Activity
(DoDHRA), under the authority,
direction, and control of the Under
Secretary of Defense for Personnel and
Readiness, shall ensure the Director,
Defense Manpower Data Center (DMDC)
shall:
(1) Replicate Post 9/11 GI Bill
eligibility data using the Veterans
Affairs and DoD Identity Repository
(VADIR) with the DVA as needed and
specified.
(i) Maintain personnel information
needed by the DVA to determine benefit
entitlement.
(ii) Maintain DVA payment and usage
data for the Post 9/11 GI Bill program.
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(2) [Reserved]
(d) The Secretaries Concerned shall:
(1) Provide implementing guidance
within their Department to govern the
administration of the Post-9/11 GI Bill
consistent with this part and other
guidance issued by the DASD(MPP) and
the USD(C)/CFO consistent with the
needs of the Military Services. This
guidance must include Service
implementation of kickers and the
transfer of unused educational benefits
as established in 38 U.S.C. 3319, as
outlined in § 65.6.
(2) Ensure that all eligible active duty
Service members and members of the
Reserve Components are aware that they
are automatically eligible for Post-9/11
GI Bill educational assistance upon
serving the required active duty time as
outlined in 38 U.S.C. 3311.
(3) Ensure that all officers without
earlier established eligibility, following
commissioning through the Service
academies (with the exception of the
Coast Guard Academy for individuals
who enter into an agreement to service
before January 4, 2011) or Reserve
Officer Training Corps Scholarship
Programs consistent with 10 U.S.C.
2107, are aware that their eligible period
of active duty for Post-9/11 GI Bill
benefits does not begin until they have
completed their statutory obligated
active duty service. Ensure that such
officers are aware that any active duty
service after that obligated period of
service may qualify as active duty
service for Post-9/11 GI Bill eligibility.
(4) Ensure that all Service members
participating in the student loan
repayment program in accordance with
10 U.S.C. chapter 109 are aware that
their service counted pursuant to 10
U.S.C. chapter 109 does not count as
qualifying active duty service for Post9/11 GI Bill eligibility. Ensure that such
Service members are aware that any
service after that obligated period of
service may qualify as active duty
service for Post-9/11 GI Bill eligibility.
(5) Authorize kickers for recruitment
and retention of individuals with
critical skills or in programs that are
hard to recruit or retain in accordance
with 38 U.S.C. 3316, and advise the
DASD(MPP) of such approval.
(6) Budget for and transfer funds to
support the kickers, in accordance with
§ 65.6 of this part and guidance issued
by the USD(C)/CFO.
(7) Ensure pre-separation or release
from active duty counseling on Post-9/
11 GI Bill benefits to active duty
members and members of the Reserve
Components with qualifying active duty
service and document this counseling
accordingly.
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(8) Promulgate guidance for their
Service(s) to administer the
transferability of unused education
entitlements to family members to
support recruiting and retention in
accordance with § 65.6.
(9) Ensure maintenance of records for
individuals who receive kickers in
accordance with 38 U.S.C. 3316.
Provide those records to the DMDC and
VA.
(10) Report all qualifying active duty
pursuant to DoD Manual 7730.54–M–
V1, ‘‘Reserve Component Common
Personnel Data System (RCCPDS)’’ (see
https://www.dtic.mil/whs/directives/
corres/pdf/773054m_vol1.pdf).
(11) Direct use of DoD standard data
elements and codes established by DoD
Instruction 1336.05, ‘‘Automated Extract
of Active Duty Military Personnel
Records’’ (see https://www.dtic.mil/whs/
directives/corres/pdf/133605p.pdf) and
DoD Manual 7730.54–M when
specified.
§ 65.6
Procedures.
(a) General eligibility. Eligibility and
administration of the Post-9/11 GI Bill
are the responsibility of the VA. Policies
and procedures for utilization of Post-9/
11 GI Bill benefits are available from
that agency. Those policies and
procedures are codified in 38 CFR part
21 and presented and updated at https://
www.gibill.va.gov.
(b) Kickers—(1) Enlistment kickers.
The use of enlistment kickers should be
based on the criticality of the skill or the
length of enlistment commitment and
may be offered in amounts from $150 to
$950 a month in increments of $100.
Reporting codes for enlistment kickers
are listed in DoD Instruction 1336.05
and DoD Manual 7730.54–M–V1.
(2) Affiliation kickers. The use of
affiliation kickers shall be based on the
criticality of the skill and/or unit and
the length of Selected Reserve
commitment, and may be offered in
amounts from $150 to $950 a month in
increments of $100. If an individual is
already eligible for an enlistment kicker,
the amount of the affiliation kicker is
limited to the amount that would take
the total to $950. For those individuals
who are offered an affiliation kicker on
top of an enlistment kicker, the
increases above the enlistment kicker
will be in $100 increments. Reporting
codes for affiliation kickers are the same
as the codes for enlistment kickers listed
in DoD Instruction 1336.05 and DoD
Manual 7730.54–M–V1.
(3) Reenlistment kickers. The use of
reenlistment kickers should be based on
the criticality of the skill and may be
offered in amounts from $100 to $300 a
month in increments of $100, based on
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length of additional service. Reporting
codes for reenlistment kickers are listed
in DoD Instruction 1336.05 and DoD
Manual 7730.54–M–V1.
(4) Payment of kickers. Kickers are
paid by VA in conjunction with the
monthly stipend paid pursuant to 38
U.S.C. 3313(c).
(c) Transferability of unused
education benefits to family members.
Subject to the provisions of this section,
the Secretary Concerned, to promote
recruitment and retention in the
Uniformed Services, may permit an
individual eligible for Post-9/11 GI Bill
educational assistance to elect to
transfer to one or more of his or her
family members all or a portion of his
or her entitlement to such assistance
(see paragraphs (c)(1) and (c)(2) of this
section).
(1) Eligible individuals. Any Service
member on or after August 1, 2009, who
is entitled to the Post-9/11 GI Bill at the
time of the approval of his or her
request to transfer that entitlement
under this section, may transfer that
entitlement provided he or she meets
one of these conditions:
(i) Has at least 6 years of service in the
Military Services (active duty or
Selected Reserve), NOAA Corps, or PHS
on the date of approval and agrees to
serve 4 additional years in the Military
Services, NOAA Corps, or PHS from the
date of election.
(ii) Has at least 10 years of service in
the Military Services (active duty or
Selected Reserve), NOAA Corps, or PHS
on the date of approval, is precluded by
either standard policy (Service or DoD)
or statute from committing to 4
additional years, and agrees to serve for
the maximum amount of time allowed
by such policy or statute.
(iii) Is or becomes retirement eligible
during the period from August 1, 2009,
through July 31, 2012, and agrees to
serve the additional period, if any,
specified in paragraphs (c)(1)(iii)(A)
through (c)(1)(iii)(D) of this section. A
Service member is considered to be
retirement eligible if he or she has
completed 20 years of active Federal
service or 20 qualifying years as
computed pursuant to 10 U.S.C. 12732.
This paragraph will no longer be in
effect on August 1, 2013, and on or after
that date all members must comply with
paragraphs (c)(1)(i) or (c)(1)(ii) of this
section to be eligible for transfer of
unused education benefits to family
members.
(A) For individuals eligible for
retirement on August 1, 2009, no
additional service is required.
(B) For individuals eligible for
retirement after August 1, 2009, and
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before August 1, 2010, 1 year of
additional service is required.
(C) For individuals eligible for
retirement on or after August 1, 2010,
and before August 1, 2011, 2 years of
additional service is required.
(D) For individuals eligible for
retirement on or after August 1, 2011,
and before August 1, 2012, 3 years of
additional service is required.
(iv) The provisions of paragraph
(c)(1)(iii) of this section will apply to
Service members recalled to active duty
under the provisions of 10 U.S.C. 688 or
members of the Individual Ready
Reserve ordered to active duty under the
provisions of 10 U.S.C. 12301(d) only
when the active duty is for a period of
at least 90 days.
(2) Eligible family members. (i) An
individual approved to transfer an
entitlement to educational assistance
under this section may transfer that
entitlement to his or her spouse, to one
or more of his or her children, or to a
combination of his or her spouse and
one or more children.
(ii) For purposes of this provision, the
definition of spouse and child are as
codified in 38 U.S.C. 101. Confirmation
of family members will be made using
the DEERS.
(iii) Once an individual has
designated a child as a transferee, a
child’s subsequent marriage will not
affect his or her eligibility to receive the
educational benefit; however, the
individual retains the right to revoke or
modify the transfer at any time.
(iv) Once an individual has
designated a spouse as a transferee,
subsequent divorce will not affect the
transferee’s eligibility to receive
educational benefits; however, the
eligible individual retains the right to
revoke or modify the transfer at any
time.
(3) Months of transfer. Months
transferred must be whole months. The
number of months of benefits
transferred by an individual under this
section may not exceed the lesser of:
(i) The months of Post-9/11 GI Bill
unused benefits available.
(ii) 36 months.
(4) Transferee usage. (i) Policies and
procedures for family member use of
Post-9/11 GI Bill transferred educational
benefits are the responsibility of the VA.
Those policies and procedures are
codified in 38 CFR part 21 and
presented and updated at https://
www.gibill.va.gov.
(ii) Commencement of use by a family
member is subject to these conditions:
(A) A spouse may start to use the
benefit only after the individual making
the transfer has completed at least 6
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years of service in the Military Services,
NOAA Corps, or PHS.
(B) A child may start to use the
benefit after the individual making the
transfer:
(1) Has completed at least 10 years of
service in the Military Services, NOAA
Corps, or PHS, or
(2) Is separated for one of the reasons
referred to in paragraph (c)(7)(ii) or
(c)(7)(iii) of this section.
(5) Designation of transferee. An
individual transferring an entitlement to
educational assistance under this
section shall, through notification to the
Secretary Concerned as specified in
paragraph (c)(9) of this section:
(i) Designate the family member or
members to whom such entitlement is
being transferred.
(ii) Designate the number of months of
such entitlement to be transferred to
each family member.
(iii) Specify the period for which the
transfer shall be effective for each family
member. The effective period must be
on or after the date of designation.
(6) Time for transfer, revocation, and
modification—(i) Time for transfer. An
individual approved to transfer
entitlement to educational assistance
under this section may transfer such
entitlement to the individual’s family
member only while serving in the
Military Services (active duty or
Selected Reserve.), NOAA Corps, or
PHS. An individual may not add family
members after retirement or separation
from the Uniformed Services.
(ii) Modification or revocation. (A) An
individual transferring entitlement in
accordance with this section may
modify or revoke at any time the
transfer of any unused portion of the
entitlement so transferred.
(1) An individual may add new family
members, modify the number of months
of the transferred entitlement for
existing family members, or revoke
transfer of entitlement while serving in
the Uniformed Services.
(2) An individual may not add family
members after retirement or separation
from the Military Services, NOAA
Corps, or PHS, but may modify the
number of months of the transferred
entitlement or revoke transfer of
entitlement after retirement or
separation for those family members
who have received transferred benefits
prior to separation or retirement.
(B) The modification or revocation of
the transfer of entitlement shall be made
by submitting notice of the action to
both the Secretary of the Military
Department concerned and the
Secretary of Veterans Affairs. Additions,
modifications, or revocations made
while in the Military Services, NOAA
PO 00000
Frm 00010
Fmt 4700
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Corps, or PHS will be made through the
TEB Web site as described in paragraph
(c)(8) of this section. Modifications or
revocations after separation from the
Military Services, NOAA Corps, or PHS
will be accomplished through VA.
(7) Failure to complete service
agreement. (i) Except as provided in this
section, if an individual transferring
entitlement under this section fails to
complete the service agreed to
consistent with paragraph (c)(1) of this
section in accordance with the terms of
the agreement, the amount of any
transferred entitlement that is used as of
the date of such failure shall be treated
as an overpayment of educational
assistance and shall be subject to
collection by VA.
(ii) Paragraph (c)(7)(i) of this section
shall not apply to an individual who
fails to complete service agreement due
to:
(A) His or her death.
(B) Discharge or release from active
duty or the Selected Reserve for a
medical condition that pre-existed his
or her service and was not serviceconnected.
(C) Discharge or release from active
duty or the Selected Reserve for
hardship as determined by the Secretary
of the Military Department concerned.
(D) Discharge or release from active
duty or the Selected Reserve for a
physical or mental condition, not a
disability, that did not result from his or
her willful misconduct, but did interfere
with the performance of duty.
(iii) The transferor is also considered
to have completed his or her service
agreement as a result of being
discharged for a disability or a reduction
in force or force shaping.
(iv) The Secretaries of the Military
Departments may promulgate guidance
regarding waiver of the military service
obligation agreed to consistent with
paragraph (c)(1) of this section if the
individual revokes all transfers and no
benefits have been used.
(8) Procedures. All requests and
transactions for individuals who remain
in the Uniformed Services will be
completed through the TEB Web
application at https://
www.dmdc.osd.mil/milconnect/. The
TEB Users Manual, maintained on that
site, will provide instruction for
enrollment; verification; and additions,
changes, and revocations. Modifications
or revocations after separation from the
Uniformed Services will be
accomplished through VA.
(9) Regulations. The Secretaries of the
Military Departments shall promulgate
guidance to administer the
transferability of unused education
entitlements to family members in
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
accordance with this part. Such
guidance shall specify:
(i) The manner of verifying and
documenting the additional service
commitment, if any, consistent with
paragraph (c)(1) of this section, to be
authorized to transfer education
benefits.
(ii) The manner of determining
eligibility to authorize the transfer of
education benefits as allowed in
paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this section.
Dated: May 31, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–13504 Filed 6–6–13; 8:45 am]
BILLING CODE 5001–06–P
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
RNA Regulated Navigation Area
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
A. Regulatory History and Information
[Docket No. USCG–2013–0344]
On April 18, 2013, in light of
dangerously high water conditions, the
Coast Guard established a temporary
safety zone on the Illinois River from
Mile Marker 187.2 to Mile Marker 285.9
(USCG–2013–0299). The safety zone
restricted recreational and commercial
vessel transit in the zone without the
permission of the Captain of the Port
Lake Michigan. The safety zone was
effective and enforced from April 18 to
30, 2013. Because of the emergent
nature of the flooding, the Coast Guard
did not solicit comments before
establishing this temporary safety zone.
On April 26, 2013, in order to
facilitate commerce and in
consideration of salvage operations
around the Marseilles Dam, the Coast
Guard established a temporary safety
zone (USCG–2013–0323) that
authorized commercial vessels to transit
the Illinois River except from Mile
Marker 244 to Mile Marker 252.
Recreational vessels were prohibited
from Mile Marker 187.2 to 285.9.
Because of the emergent nature of the
flooding, the Coast Guard also did not
solicit comments prior to establishing
this temporary safety zone.
On April 29, 2013, the Coast Guard
issued a third TFR that established a
safety zone from Mile Marker 231.0 to
Mile Marker 271.4 on the Illinois River
(USCG–2013–0334). This safety zone
restricted vessel traffic within the
portion of the Illinois River deemed to
be affected by both salvage operations
and the potential for structural failure at
the Marseilles Dam.
RIN 1625–AA11
Regulated Navigation Area; Vessel
Traffic in Vicinity of Marseilles Dam;
Illinois River
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a Regulated Navigation
Area (RNA) on the Illinois River. This
Temporary Final Rule stipulates
operational requirements and places
navigational and operational restrictions
on all vessels transiting the Illinois
River from Mile Marker 240.0 to Mile
Marker 271.4. This RNA is necessary to
protect the general public, vessels, and
tows from the hazards associated with
obstructions in the Marseilles Lock
canal, recovery efforts related to the
restoration of the Marseilles Dam, and
salvage operations being conducted in
its vicinity.
DATES: This rule will be enforced with
actual notice from May 4, 2013, until
June 7, 2013. This rule is effective in the
Code of Federal Regulations from June
7, 2013 until June 30, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0344. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
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34255
Now, the Coast Guard is issuing this
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The Coast Guard
is issuing this rule in response to an
immediate and emergency situation that
involves salvage and port recovery
operations in the vicinity of the
Marseilles Lock and Dam. Delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect persons
and vessels from the hazards, which are
discussed further below, associated with
the salvage and port recovery operations
in the vicinity of the Marseilles Lock
and Dam.
Although the Coast Guard is issuing
this rule without prior notice and
opportunity to comment, the Coast
Guard consulted with towing vessel
industry stakeholders to help determine
the tow restrictions and operating
parameters in this RNA.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
RNAs and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
Heavy and extended periods of rain
during the first half of the month of
April resulted in dangerously high
waters within the Illinois River,
bringing excessive debris, rapidlyflowing water, and complicating vessel
navigation. These high and rapidlymoving waters also threatened to
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]]>Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34250-34255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13504]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 65
[Docket ID: DOD-2009-OS-0021]
RIN 0790-AI43
Post-9/11 GI Bill
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness/Office of the Deputy Assistant Secretary of Defense for
Military Personnel Policy, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes policy, assigns responsibilities,
and prescribes procedures for carrying out the Post-9/11 GI Bill. It
establishes policy for the use of supplemental educational assistance
(hereafter referred to as ``kickers'') for Service members with
critical skills or specialties, or for members serving additional
service; for authorizing the transferability of education benefits
(TEB); and the DoD Office of the Actuary to perform determinations in
support of DoD funding responsibilities.
DATES: Effective Date: This rule is effective July 8, 2013.
FOR FURTHER INFORMATION CONTACT: Robert Clark, (703) 697-9267.
SUPPLEMENTARY INFORMATION:
[[Page 34251]]
Executive Summary
I. Purpose of the Regulatory Action
This rule will provide the mechanism to implement the Secretary of
Defense authorities with regard to Supplemental Educational Benefits
(Kickers) and transferability of educational benefits to family members
to aid recruiting and retention of the Armed Forces under chapter 33 38
U.S.C. chapter 33, and enable the Secretary of Defense to establish
policy, assign responsibilities, and prescribe procedures for such
authorities.
II. Summary of the Major Provisions of the Regulatory Action in
Question
This rule establishes policy, assigns responsibilities, and
prescribes procedures for carrying out the Post-9/11 GI Bill, as
codified in 38 U.S.C. chapter 33. It establishes policy for the use of
supplemental educational assistance ``kickers'', for members with
critical skills or specialties, or for members serving additional
service; for authorizing the transferability of education benefits; and
for the DoD Education Benefits Fund Board of Actuaries to perform
determinations in support of DoD funding responsibilities for
``kickers.''
III. Costs and Benefits
There is no cost to the public. Administrative costs to the
Department of Defense for implementation of the authorities under this
rule are negligible. Workload will be accomplished with existing
staffing and be integrated into normal business. There will be no new
costs for supplemental educational assistance, or ``kickers'', since
the Services will use existing programmed and budgeted resources
currently dedicated to Montgomery GI Bill (MGIB) ``kickers''. Benefits
of ``kickers'' should parallel those of the existing MGIB ``kickers'',
which give the Services the ability to channel ``high-quality'' youth
into critical ``hard-to-fill'' specialties. Transferability of
educational benefits to family members will aid recruiting and
retention of the Armed Forces.
Public Comments
The Department of Defense published an interim final rule on June
5, 2009 (74 FR 30212-30220) with a request for comments. The following
two comments were received:
Comment 1: The Post-9/11 GI Bill does not allow funds to be
allocated for advanced flight training. Any training beyond the pilot
certificate is considered progressive and career oriented in nature.
The airline industry continues to see a decline in the number of future
pilots currently in training due to the increase in costs, the immense
number of hours required to achieve an Airline Transport Rating, and a
decade of low interest in taking up Piloting as a career. As such,
allowing Post-9/11 GI Bill funds to be used for pilot training beyond
the private pilot certificate would not only energize more soldiers to
seek a career in aviation, it will open up the potential for flight
schools, future hires, as well as injecting mature career oriented
veterans into the airline industry.
Comment 2: When this document was initially introduced, information
was obtained from the state of California regarding public universities
only and doesn't provide for an opportunity for veterans to utilize
benefits that they qualify because the cost of tuition is listed as
zero. There are a large majority of public universities and colleges
that are no longer accepting applications thereby forcing applicants to
apply for private universities. With the tuition listed as zero, no
tuition is being paid for veterans in California.
DoD Response to Comments 1 and 2: DoD's final rule is limited to
specific DoD roles relating to administration of the Post-9/11 GI Bill.
These are the establishment of policy for the use of supplemental
educational assistance (``kickers'') for Service members with critical
skills or specialties, or for members serving additional service; for
authorizing the transferability of education benefits (TEB); and the
DoD Office of the Actuary to perform determinations in support of DoD
funding responsibilities. The two public comments received are outside
the scope of this rule and relate specifically to the implementation of
the actual Post-9/11 GI Bill benefit, which is implemented by the
Department of Veterans Affairs (VA). VA decides how the GI Bill
benefits may be used for aviation school and also implements benefits
available for use towards private school tuition (which is about
$18,000 per year now), not DoD.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 65 does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 65 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 65 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 65 does not impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 65 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 65
Armed forces, Education.
Accordingly 32 CFR part 65 is revised to read as follows:
PART 65--POST-9/11 GI BILL
Sec.
65.1 Purpose.
65.2 Applicability.
65.3 Definitions.
65.4 Policy.
65.5 Responsibilities.
65.6 Procedures.
Authority: 38 U.S.C. chapter 33.
Sec. 65.1 Purpose.
This part:
[[Page 34252]]
(a) Establishes policy, assigns responsibilities, and prescribes
procedures for implementing DoD authorities and responsibilities for
chapter 33 of title 38, United States Code (U.S.C.) (also known and
hereafter referred to as ``the Post-9/11 GI Bill'')
(b) Establishes policy for the use of supplemental educational
assistance (hereafter referred to as ``kickers'') for Service members
with critical skills or specialties, or for members serving additional
service in accordance with 38 U.S.C. 3316.
(c) Establishes policy for authorizing the transferability of
education benefits (TEB) in accordance with 38 U.S.C. 3319.
(d) Assigns responsibility to the DoD Office of the Actuary to
perform determinations in support of DoD funding responsibilities for
38 U.S.C. chapter 33 in accordance with 10 U.S.C. 183 and 2006.
Sec. 65.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments (including the Coast Guard at all times, including
when it is a Service in the Department of Homeland Security (DHS) by
agreement with that Department), the Office of the Chairman of the
Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the
Office of the Inspector General of the Department of Defense, the
Defense Agencies, the DoD Field Activities, and all other
organizational entities within the DoD (hereinafter referred to
collectively as the ``DoD Components''). Section 65.6 of this part also
applies to the Commissioned Corps of the Public Health Service (PHS) by
agreement with the Surgeon General, and to the National Oceanic and
Atmospheric Administration Commissioned Officer Corps (NOAA Corps) by
agreement with the Director, NOAA Corps.
Sec. 65.3 Definitions.
Unless otherwise noted, these terms and their definitions are for
the purpose of this part:
Active duty. For the Post-9/11 GI Bill, the term ``active duty'' is
defined in 38 U.S.C. 3301(1).
Affiliation kicker. Supplemental educational assistance that may be
offered by the Secretary of a Military Department to the monthly amount
of educational assistance otherwise payable to an individual pursuant
to paragraph (1)(B), or to paragraphs (2) through (7) (as applicable),
of 38 U.S.C. 3313(c), to a Service member who is separating honorably
from a regular component and who agrees to serve in the Selected
Reserve in a skill, specialty, or unit in which there is a critical
shortage of personnel or for which it is difficult to recruit and/or
retain.
Enlistment kicker. Supplemental educational assistance that may be
offered by a Secretary of a Military Department to the monthly amount
of educational assistance otherwise payable to an individual pursuant
to paragraph (1)(B), or to paragraphs (2) through (7) (as applicable),
of 38 U.S.C. 3313(c), who initially enlists in a regular component in a
skill or specialty in which there is a critical shortage of personnel
or for which it is difficult to recruit.
Family member. A spouse or child as codified in 38 U.S.C. 101 who
is enrolled in Defense Eligibility Enrollment Reporting System (DEERS).
Kickers. Supplemental educational assistance that may be offered by
a Secretary of a Military Department to the monthly amount of
educational assistance otherwise payable to an individual pursuant to
paragraph (1)(B), or to paragraphs (2) through (7) (as applicable), of
38 U.S.C. 3313(c).
Reenlistment kicker. Supplemental educational assistance that may
be offered by a Secretary of a Military Department to the monthly
amount of educational assistance otherwise payable to an individual
pursuant to paragraph (1)(B), or to paragraphs (2) through (7) (as
applicable), of 38 U.S.C. 3313(c), to a member who, after completing 5
or more years of continuous service, signs an agreement to remain on
active duty for a period of at least 2 years.
Secretary Concerned. For a member of the Army, the Navy, the Air
Force, the Marine Corps, and the Coast Guard when it is operating as a
Service of the Department of the Navy, the term means the Secretary of
the Military Department with jurisdiction over that Service member. For
a member of the Coast Guard when the Coast Guard is operating as a
Service of the DHS, the term means the Secretary of Homeland Security.
For a member of the PHS, the term means the Surgeon General. For a
member of the NOAA Corps, the term means the Director, NOAA Corps.
Service member. An individual serving on active duty or in the
Selected Reserve. Does not include other members of the Ready Reserve
(such as the Individual Ready Reserve, standby Reserve, or retired
Service members, unless they are serving on active duty.) For purposes
of Sec. 65.6, includes members of the PHS and members of the NOAA
Corps.
Sec. 65.4 Policy.
It is DoD policy that:
(a) Kickers may be authorized to assist in the recruitment, reserve
affiliation, and retention of individuals into skills or specialties in
which there are critical shortages or for which it is difficult to
recruit or, in the case of critical units, to retain personnel.
(b) Transferability of education benefits may be used to promote
recruitment and retention.
Sec. 65.5 Responsibilities.
(a) The Deputy Assistant Secretary of Defense for Military
Personnel Policy (DASD(MPP)), under the authority, direction, and
control of the Assistant Secretary of Defense for Readiness and Force
Management, shall:
(1) Develop guidance and procedures for implementation and
oversight of DoD authorities and responsibilities under the Post-9/11
GI Bill.
(2) Coordinate administrative procedures of the Post-9/11 GI Bill
with the Department of Veterans Affairs (VA), and other appropriate DoD
and intergovernmental agencies, as applicable.
(3) Review and approve each Military Department plan to use
supplemental assistance in accordance with the provisions of 38 U.S.C.
3316.
(4) Establish the standard data elements needed to administer the
Post-9/11 GI Bill.
(b) The Under Secretary of Defense (Comptroller) (USD(C))/Chief
Financial Officer (CFO) (USD(C)/CFO), Department of Defense shall:
(1) Provide guidance on budgeting, accounting, and funding for the
educational benefits program in support of plans established in Sec.
65.6, and for investing the available DoD Education Benefits Fund
balance.
(2) In coordination with the DASD(MPP), review and approve the
Military Department budget estimates for the supplemental payments in
accordance with the provisions of 38 U.S.C. 3316.
(c) The Director, Department of Defense Human Resources Activity
(DoDHRA), under the authority, direction, and control of the Under
Secretary of Defense for Personnel and Readiness, shall ensure the
Director, Defense Manpower Data Center (DMDC) shall:
(1) Replicate Post 9/11 GI Bill eligibility data using the Veterans
Affairs and DoD Identity Repository (VADIR) with the DVA as needed and
specified.
(i) Maintain personnel information needed by the DVA to determine
benefit entitlement.
(ii) Maintain DVA payment and usage data for the Post 9/11 GI Bill
program.
[[Page 34253]]
(2) [Reserved]
(d) The Secretaries Concerned shall:
(1) Provide implementing guidance within their Department to govern
the administration of the Post-9/11 GI Bill consistent with this part
and other guidance issued by the DASD(MPP) and the USD(C)/CFO
consistent with the needs of the Military Services. This guidance must
include Service implementation of kickers and the transfer of unused
educational benefits as established in 38 U.S.C. 3319, as outlined in
Sec. 65.6.
(2) Ensure that all eligible active duty Service members and
members of the Reserve Components are aware that they are automatically
eligible for Post-9/11 GI Bill educational assistance upon serving the
required active duty time as outlined in 38 U.S.C. 3311.
(3) Ensure that all officers without earlier established
eligibility, following commissioning through the Service academies
(with the exception of the Coast Guard Academy for individuals who
enter into an agreement to service before January 4, 2011) or Reserve
Officer Training Corps Scholarship Programs consistent with 10 U.S.C.
2107, are aware that their eligible period of active duty for Post-9/11
GI Bill benefits does not begin until they have completed their
statutory obligated active duty service. Ensure that such officers are
aware that any active duty service after that obligated period of
service may qualify as active duty service for Post-9/11 GI Bill
eligibility.
(4) Ensure that all Service members participating in the student
loan repayment program in accordance with 10 U.S.C. chapter 109 are
aware that their service counted pursuant to 10 U.S.C. chapter 109 does
not count as qualifying active duty service for Post-9/11 GI Bill
eligibility. Ensure that such Service members are aware that any
service after that obligated period of service may qualify as active
duty service for Post-9/11 GI Bill eligibility.
(5) Authorize kickers for recruitment and retention of individuals
with critical skills or in programs that are hard to recruit or retain
in accordance with 38 U.S.C. 3316, and advise the DASD(MPP) of such
approval.
(6) Budget for and transfer funds to support the kickers, in
accordance with Sec. 65.6 of this part and guidance issued by the
USD(C)/CFO.
(7) Ensure pre-separation or release from active duty counseling on
Post-9/11 GI Bill benefits to active duty members and members of the
Reserve Components with qualifying active duty service and document
this counseling accordingly.
(8) Promulgate guidance for their Service(s) to administer the
transferability of unused education entitlements to family members to
support recruiting and retention in accordance with Sec. 65.6.
(9) Ensure maintenance of records for individuals who receive
kickers in accordance with 38 U.S.C. 3316. Provide those records to the
DMDC and VA.
(10) Report all qualifying active duty pursuant to DoD Manual
7730.54-M-V1, ``Reserve Component Common Personnel Data System
(RCCPDS)'' (see https://www.dtic.mil/whs/directives/corres/pdf/773054m_vol1.pdf).
(11) Direct use of DoD standard data elements and codes established
by DoD Instruction 1336.05, ``Automated Extract of Active Duty Military
Personnel Records'' (see https://www.dtic.mil/whs/directives/corres/pdf/133605p.pdf) and DoD Manual 7730.54-M when specified.
Sec. 65.6 Procedures.
(a) General eligibility. Eligibility and administration of the
Post-9/11 GI Bill are the responsibility of the VA. Policies and
procedures for utilization of Post-9/11 GI Bill benefits are available
from that agency. Those policies and procedures are codified in 38 CFR
part 21 and presented and updated at https://www.gibill.va.gov.
(b) Kickers--(1) Enlistment kickers. The use of enlistment kickers
should be based on the criticality of the skill or the length of
enlistment commitment and may be offered in amounts from $150 to $950 a
month in increments of $100. Reporting codes for enlistment kickers are
listed in DoD Instruction 1336.05 and DoD Manual 7730.54-M-V1.
(2) Affiliation kickers. The use of affiliation kickers shall be
based on the criticality of the skill and/or unit and the length of
Selected Reserve commitment, and may be offered in amounts from $150 to
$950 a month in increments of $100. If an individual is already
eligible for an enlistment kicker, the amount of the affiliation kicker
is limited to the amount that would take the total to $950. For those
individuals who are offered an affiliation kicker on top of an
enlistment kicker, the increases above the enlistment kicker will be in
$100 increments. Reporting codes for affiliation kickers are the same
as the codes for enlistment kickers listed in DoD Instruction 1336.05
and DoD Manual 7730.54-M-V1.
(3) Reenlistment kickers. The use of reenlistment kickers should be
based on the criticality of the skill and may be offered in amounts
from $100 to $300 a month in increments of $100, based on length of
additional service. Reporting codes for reenlistment kickers are listed
in DoD Instruction 1336.05 and DoD Manual 7730.54-M-V1.
(4) Payment of kickers. Kickers are paid by VA in conjunction with
the monthly stipend paid pursuant to 38 U.S.C. 3313(c).
(c) Transferability of unused education benefits to family members.
Subject to the provisions of this section, the Secretary Concerned, to
promote recruitment and retention in the Uniformed Services, may permit
an individual eligible for Post-9/11 GI Bill educational assistance to
elect to transfer to one or more of his or her family members all or a
portion of his or her entitlement to such assistance (see paragraphs
(c)(1) and (c)(2) of this section).
(1) Eligible individuals. Any Service member on or after August 1,
2009, who is entitled to the Post-9/11 GI Bill at the time of the
approval of his or her request to transfer that entitlement under this
section, may transfer that entitlement provided he or she meets one of
these conditions:
(i) Has at least 6 years of service in the Military Services
(active duty or Selected Reserve), NOAA Corps, or PHS on the date of
approval and agrees to serve 4 additional years in the Military
Services, NOAA Corps, or PHS from the date of election.
(ii) Has at least 10 years of service in the Military Services
(active duty or Selected Reserve), NOAA Corps, or PHS on the date of
approval, is precluded by either standard policy (Service or DoD) or
statute from committing to 4 additional years, and agrees to serve for
the maximum amount of time allowed by such policy or statute.
(iii) Is or becomes retirement eligible during the period from
August 1, 2009, through July 31, 2012, and agrees to serve the
additional period, if any, specified in paragraphs (c)(1)(iii)(A)
through (c)(1)(iii)(D) of this section. A Service member is considered
to be retirement eligible if he or she has completed 20 years of active
Federal service or 20 qualifying years as computed pursuant to 10
U.S.C. 12732. This paragraph will no longer be in effect on August 1,
2013, and on or after that date all members must comply with paragraphs
(c)(1)(i) or (c)(1)(ii) of this section to be eligible for transfer of
unused education benefits to family members.
(A) For individuals eligible for retirement on August 1, 2009, no
additional service is required.
(B) For individuals eligible for retirement after August 1, 2009,
and
[[Page 34254]]
before August 1, 2010, 1 year of additional service is required.
(C) For individuals eligible for retirement on or after August 1,
2010, and before August 1, 2011, 2 years of additional service is
required.
(D) For individuals eligible for retirement on or after August 1,
2011, and before August 1, 2012, 3 years of additional service is
required.
(iv) The provisions of paragraph (c)(1)(iii) of this section will
apply to Service members recalled to active duty under the provisions
of 10 U.S.C. 688 or members of the Individual Ready Reserve ordered to
active duty under the provisions of 10 U.S.C. 12301(d) only when the
active duty is for a period of at least 90 days.
(2) Eligible family members. (i) An individual approved to transfer
an entitlement to educational assistance under this section may
transfer that entitlement to his or her spouse, to one or more of his
or her children, or to a combination of his or her spouse and one or
more children.
(ii) For purposes of this provision, the definition of spouse and
child are as codified in 38 U.S.C. 101. Confirmation of family members
will be made using the DEERS.
(iii) Once an individual has designated a child as a transferee, a
child's subsequent marriage will not affect his or her eligibility to
receive the educational benefit; however, the individual retains the
right to revoke or modify the transfer at any time.
(iv) Once an individual has designated a spouse as a transferee,
subsequent divorce will not affect the transferee's eligibility to
receive educational benefits; however, the eligible individual retains
the right to revoke or modify the transfer at any time.
(3) Months of transfer. Months transferred must be whole months.
The number of months of benefits transferred by an individual under
this section may not exceed the lesser of:
(i) The months of Post-9/11 GI Bill unused benefits available.
(ii) 36 months.
(4) Transferee usage. (i) Policies and procedures for family member
use of Post-9/11 GI Bill transferred educational benefits are the
responsibility of the VA. Those policies and procedures are codified in
38 CFR part 21 and presented and updated at https://www.gibill.va.gov.
(ii) Commencement of use by a family member is subject to these
conditions:
(A) A spouse may start to use the benefit only after the individual
making the transfer has completed at least 6 years of service in the
Military Services, NOAA Corps, or PHS.
(B) A child may start to use the benefit after the individual
making the transfer:
(1) Has completed at least 10 years of service in the Military
Services, NOAA Corps, or PHS, or
(2) Is separated for one of the reasons referred to in paragraph
(c)(7)(ii) or (c)(7)(iii) of this section.
(5) Designation of transferee. An individual transferring an
entitlement to educational assistance under this section shall, through
notification to the Secretary Concerned as specified in paragraph
(c)(9) of this section:
(i) Designate the family member or members to whom such entitlement
is being transferred.
(ii) Designate the number of months of such entitlement to be
transferred to each family member.
(iii) Specify the period for which the transfer shall be effective
for each family member. The effective period must be on or after the
date of designation.
(6) Time for transfer, revocation, and modification--(i) Time for
transfer. An individual approved to transfer entitlement to educational
assistance under this section may transfer such entitlement to the
individual's family member only while serving in the Military Services
(active duty or Selected Reserve.), NOAA Corps, or PHS. An individual
may not add family members after retirement or separation from the
Uniformed Services.
(ii) Modification or revocation. (A) An individual transferring
entitlement in accordance with this section may modify or revoke at any
time the transfer of any unused portion of the entitlement so
transferred.
(1) An individual may add new family members, modify the number of
months of the transferred entitlement for existing family members, or
revoke transfer of entitlement while serving in the Uniformed Services.
(2) An individual may not add family members after retirement or
separation from the Military Services, NOAA Corps, or PHS, but may
modify the number of months of the transferred entitlement or revoke
transfer of entitlement after retirement or separation for those family
members who have received transferred benefits prior to separation or
retirement.
(B) The modification or revocation of the transfer of entitlement
shall be made by submitting notice of the action to both the Secretary
of the Military Department concerned and the Secretary of Veterans
Affairs. Additions, modifications, or revocations made while in the
Military Services, NOAA Corps, or PHS will be made through the TEB Web
site as described in paragraph (c)(8) of this section. Modifications or
revocations after separation from the Military Services, NOAA Corps, or
PHS will be accomplished through VA.
(7) Failure to complete service agreement. (i) Except as provided
in this section, if an individual transferring entitlement under this
section fails to complete the service agreed to consistent with
paragraph (c)(1) of this section in accordance with the terms of the
agreement, the amount of any transferred entitlement that is used as of
the date of such failure shall be treated as an overpayment of
educational assistance and shall be subject to collection by VA.
(ii) Paragraph (c)(7)(i) of this section shall not apply to an
individual who fails to complete service agreement due to:
(A) His or her death.
(B) Discharge or release from active duty or the Selected Reserve
for a medical condition that pre-existed his or her service and was not
service-connected.
(C) Discharge or release from active duty or the Selected Reserve
for hardship as determined by the Secretary of the Military Department
concerned.
(D) Discharge or release from active duty or the Selected Reserve
for a physical or mental condition, not a disability, that did not
result from his or her willful misconduct, but did interfere with the
performance of duty.
(iii) The transferor is also considered to have completed his or
her service agreement as a result of being discharged for a disability
or a reduction in force or force shaping.
(iv) The Secretaries of the Military Departments may promulgate
guidance regarding waiver of the military service obligation agreed to
consistent with paragraph (c)(1) of this section if the individual
revokes all transfers and no benefits have been used.
(8) Procedures. All requests and transactions for individuals who
remain in the Uniformed Services will be completed through the TEB Web
application at https://www.dmdc.osd.mil/milconnect/. The TEB Users
Manual, maintained on that site, will provide instruction for
enrollment; verification; and additions, changes, and revocations.
Modifications or revocations after separation from the Uniformed
Services will be accomplished through VA.
(9) Regulations. The Secretaries of the Military Departments shall
promulgate guidance to administer the transferability of unused
education entitlements to family members in
[[Page 34255]]
accordance with this part. Such guidance shall specify:
(i) The manner of verifying and documenting the additional service
commitment, if any, consistent with paragraph (c)(1) of this section,
to be authorized to transfer education benefits.
(ii) The manner of determining eligibility to authorize the
transfer of education benefits as allowed in paragraphs (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this section.
Dated: May 31, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-13504 Filed 6-6-13; 8:45 am]
BILLING CODE 5001-06-P
