Post-9/11 Improvements, Fry Scholarship, and Interval Payments Amendments, 5324-5358 [2024-29907]
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overpayments and discontinuance
dates. VA provided a 60-day comment
period, which ended on July 24, 2023,
and received six comments on the
proposed amendments. The comments
are addressed below.
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AQ88
Post-9/11 Improvements, Fry
Scholarship, and Interval Payments
Amendments
Eligibility for Post-9/11 GI Bill Benefits
and Time Limit for Transfer of
Entitlement
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
that govern VA’s administration of
educational assistance programs to
implement the provisions of the Post-9/
11 Veterans Educational Assistance
Improvements Act of 2010, which
modified the manner in which
payments of educational assistance are
determined and expanded the types of
programs students may pursue under
the Post-9/11 GI Bill; section 1002 of the
Supplemental Appropriations Act,
2009, which authorized the ‘‘Marine
Gunnery Sergeant John David Fry
Scholarship;’’ and a select number of
provisions of the Harry W. Colmery
Veterans Educational Assistance Act of
2017.
DATES: This rule is effective March 17,
2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Alphonso, Assistant Director,
Policy and Procedures, Education
Service, Department of Veterans Affairs,
Veterans Benefits Administration (22),
810 Vermont Avenue NW, Washington,
DC 20420. Telephone: (202) 461–9800.
(This is not a toll-free telephone
number.)
SUMMARY:
Under
chapter 5 of title 38, United States Code
(U.S.C.), the Secretary has the authority
to prescribe rules and regulations which
are appropriate and necessary to carry
out the laws administered by VA.
Accordingly, on May 24, 2023, VA
published a proposed rule at 88 FR
33672 to amend its regulations to
implement section 1002 of the
Supplemental Appropriations Act, 2009
(Pub. L. 111–32), which amended 38
U.S.C. chapter 33 to allow surviving
children of active duty Servicemembers
who died on or after September 11,
2001, to receive educational assistance
under the Post-9/11 GI Bill (chapter 33);
the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010
(Pub. L. 111–377), which amended the
Post-9/11 GI Bill; six sections of the
Harry W. Colmery Veterans Educational
Assistance Act of 2017, or Forever GI
Bill (Pub. L. 115–48); and a policy
change to address how VA manages
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SUPPLEMENTARY INFORMATION:
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One commenter expressed the belief
that all veterans—no matter the length
of their service—should be entitled to
Post-9/11 GI Bill benefits if they were
not discharged early for disciplinary
reasons. The commenter stated that
individuals who served honorably but
with less time in service than others are
not afforded the same entitlement. The
commenter also indicated that the
rulemaking should expand the period
individuals can transfer entitlement to
their children.
Requirements for payment of benefits
are explicitly set by statute in 38 U.S.C.
3311 and 3313. Payment of educational
assistance is based on the length of an
individual’s service as prescribed in
sections 3311(b) and 3313(c). Generally,
the greater the length of service, the
greater the payment. Additionally, the
time period for transferring benefits is
explicitly set by statute in 38 U.S.C.
3319. Under section 3319(f) an
individual may transfer entitlement
only while serving in the Armed Forces.
VA does not have authority to change
statutory requirements through
regulatory action.
Accordingly, VA makes no changes to
the rule based on these comments.
Expansion of Eligibility for Post-9/11 GI
Bill Benefits for Individuals
Two commenters recommended that
the final rulemaking include revisions
to allow more individuals the
opportunity to obtain Post-9/11 GI Bill
educational assistance benefits. One
commenter suggested that VA should
make the process to obtain these
benefits easier and another suggested
that individuals should be eligible for
Post-9/11 GI Bill benefits regardless of
when they attend school. This
rulemaking implements the Post-9/11
Veterans Educational Assistance
Improvements Act of 2010, which
among other things, greatly expanded
the types of programs students may
pursue under the Post-9/11 GI Bill and
eligibility for these programs. The
provisions also refine and enhance VA’s
administration of Post-9/11 GI Bill
educational assistance, improving the
efficiency to deliver these benefits to
claimants. Implementation of these
provisions, as reflected in this
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rulemaking, will make provision of
benefits easier and more efficient.
Furthermore, under current law,
individuals who were discharged on or
after January 1, 2013, may use Post 9/
11 GI Bill benefits to attend school any
time after discharge. Individuals who
were discharged prior to that date have
15 years from the date of discharge to
use their benefits. 38 U.S.C. 3321(a). We
have been implementing this law and
will incorporate it into our regulations
in a future rulemaking.
As such, VA makes no changes to this
rule based on these comments.
Enhancement of the Definition of ‘‘InResidence Course’’ and of an
Attendance and Participation
Requirement
One commenter suggested
strengthening the definition of what
constitutes an ‘‘on-site course,’’ stating
that educational institutions offering
‘‘hybrid’’ programs with only one
residential class are actually distancelearning courses and that individuals
enrolled in these hybrid programs
should not be eligible for the payment
of a full housing allowance when the
majority of classes would be online and
not ‘‘on-site.’’ (The commenter used the
term ‘‘on-site course’’ to refer to what
VA’s regulations define as an ‘‘inresidence course.’’)
According to 38 U.S.C.
3313(c)(1)(B)(i)(I), an individual who
‘‘pursues a [degree] program of
education on more than a half-time
basis’’ is entitled to a monthly housing
allowance based on ‘‘the campus of the
institution of where the individual
physically participates in a majority of
classes.’’ However, 38 U.S.C.
3313(c)(1)(B)(iii) expressly authorizes
payment of a monthly housing
allowance at half the national average of
the monthly amount of the basic
allowance for housing payable under 37
U.S.C. 403 for a member with
dependents in pay grade E–5 (which we
will refer to as ‘‘the national average’’)
for ‘‘an individual pursuing a [degree]
program of education solely through
distance learning on more than a halftime basis.’’ (Emphasis added.)
Similarly, for an individual pursuing a
non-degree program of education on a
more than half-time basis, 38 U.S.C.
3313(g)(3)(A)(ii)(I)(aa) provides a
monthly housing allowance based on
‘‘the campus of the institution of where
the individual physically participates in
a majority of classes.’’ But 38 U.S.C.
3313(g)(3)(A)(ii)(I)(bb) authorizes
payment of a monthly housing
allowance at half that amount for ‘‘an
individual pursuing a [non-degree]
program of education through distance
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learning’’ on more than a half-time basis
without specifically requiring that
pursuit be ‘‘solely through distance
learning.’’ (Emphasis added.)
VA faces several challenges in
interpreting these statutory provisions.
First, aspects of the statutory language at
38 U.S.C. 3313(g)(3)(A)(ii)(I)(bb) are
unworkable as literally drafted. That
provision calculates the monthly
housing allowance for individuals
pursuing non-degree distance-learning
programs by reference to 38 U.S.C.
3313(g)(3)(A)(ii)(I)(aa), which is based
on a locality (‘‘campus of the institution
of where the individual physically
participates in a majority of classes’’).
However, it would be impossible to
apply 38 U.S.C. 3313(g)(3)(A)(ii)(I)(bb)
according to its literal terms because, for
students in distance learning programs,
there is no campus where the individual
‘‘physically participates in a majority of
classes.’’
Second, although 38 U.S.C.
3313(c)(1)(B)(iii) refers to ‘‘an individual
pursuing a program of education solely
through distance learning’’ (emphasis
added) and 38 U.S.C.
3313(g)(3)(A)(ii)(I)(bb) refers to ‘‘an
individual pursuing a program of
education through distance learning’’
(omitting the word ‘‘solely’’), VA does
not believe that Congress intended to
attribute any significance to this
omission because a strictly literal
reading would have absurd and
inequitable results. With respect to the
specific scenario raised by the
commenter, VA is concerned that it
would be absurd and inequitable to pay
the full housing allowance for an
individual who is taking one on-site
course as part of a degree program (and
thus not ‘‘solely’’ through distance
learning) but to pay only half the
housing allowance for an individual
who is taking one on-site course as part
of a non-degree program (and thus also
not ‘‘solely’’ through distance learning).
To avoid this absurd and inequitable
result, we have interpreted the language
in section 3313(g)(3)(A)(ii)(I)(bb) as
referring to an individual pursuing a
non-degree program solely through
distance learning, which is still
consistent with the plain language of the
statute, which refers to ‘‘an individual
pursuing a [non-degree] program of
education through distance learning.’’
Taking into account both of these
interpretive challenges, the VA has
concluded that the best reading of the
statute is reflected in § 21.9641(c)(4),
which provides that ‘‘[a]fter September
30, 2011, an individual . . . , who is
pursuing a program of education solely
via distance learning at a rate of pursuit
of greater than 50 percent, can receive
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a monthly housing allowance . . . equal
to 50 percent of the [national average].’’
The interpretation reflected in this
regulatory language best avoids absurd
and illogically inequitable results. See
Griffin v. Oceanic Contractors, Inc., 458
U.S. 564, 575 (1982) (‘‘interpretations of
a statute which would produce absurd
results are to be avoided if alterative
interpretations consistent with the
legislative purpose are available’’).
Consequently, all classes an individual
takes must be online or otherwise
characterized as distance learning for
the individual to receive a monthly
housing allowance at the rate of half the
national average; otherwise, the
individual would receive the full
monthly housing allowance. In other
words, if an individual takes only one
‘‘on-site’’ class, that individual could
still be eligible for the full monthly
housing allowance. Because this
regulation reflects the best reading of
the statute, it would be beyond our
authority to pay less than the full
monthly housing allowance for
programs that include as little as one
online course as it would require
statutory rather than regulatory action.
We recognize that § 21.9641(c)(4)
provides for a monthly housing
allowance based on the national
average, regardless of whether an
individual is pursuing a degree or nondegree program. As noted above,
Congress provided elsewhere in section
3313 for payment of the monthly
housing allowance for distance learning
based upon the national average. Thus,
we are calculating the rate for all
distance-learning programs in a manner
that is administratively feasible and
consistent with the statutory scheme.
Also, we plan to define ‘‘resident
learning’’ in a separate rulemaking. As
such, VA makes no change based on this
comment.
As for the commenter’s suggestion
that the school attendance and
participation requirements be enhanced,
this rule makes changes that would
ensure that an educational institution is
not unjustly enriched by receiving
payments when a student fails to attend
or participate in class for which he or
she is certified. Under current
§ 21.9695(b)(3), an educational
institution is liable for overpayments
when an overpayment is the result of
willful or negligent false certification by
the educational institution, or willful or
negligent failure to certify excessive
absences from a course, discontinuance
of a course, or interruption of a course
by the eligible individual. Revised
§ 21.9695(b)(3) will add that an
educational institution is also liable for
an overpayment of educational
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assistance paid on behalf of an
individual when a student never attends
classes for which he or she was certified
(regardless of the reason for nonattendance), or completely withdraws
from all courses on or before the first
day of the certified period of
enrollment. These added provisions will
help ensure VA is not paying for
education that is not provided. Thus, an
‘‘enhanced attendance and participation
requirement’’ is not necessary.
Consequently, VA makes no changes
based on this comment.
Personal Claim
One commenter referenced a personal
claim and proceedings unrelated to this
rulemaking. This comment is outside of
the scope of this rulemaking, and VA
makes no changes based on this
comment.
Terminology Correction
A commenter noted that, in proposed
§ 21.9676(d), the usage of the term
‘‘veteran-nonveteran’’ is not accurate for
purposes of the 85 percent requirement
in 38 CFR 21.4201(a) or 38 U.S.C.
3680A(d)(1), otherwise known as the
‘‘85/15 rule.’’ The commenter pointed
out that the 85/15 rule measures the
number of students using VA or
institutional funds versus those students
who do not receive assistance from VA
or the institution; and, therefore, the
correct terminology is ‘‘supported
students versus nonsupported students’’
rather than ‘‘veteran-nonveteran.’’ VA
concurs with this comment and replaces
the term ‘‘veteran-nonveteran’’ with
‘‘supported students versus
nonsupported students’’ in
§ 21.9675(d)(5) and includes the term
‘‘supported students versus
nonsupported students’’ in new
§ 21.9676(d)(5).
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
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definitions governing contemporary
regulatory review established in
Executive Order 12866 and Executive
Order 13563. The Office of Information
and Regulatory Affairs has determined
that this rulemaking is a significant
regulatory action under Executive Order
12866, section 3(f)(1), as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
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.
Although this final rule will affect some
small entities, such as testing
organizations or educational institutions
that qualify as ‘‘small’’ using the most
recent official revenue standards, the
economic impact on them is minor.
Educational institutions of all sizes
voluntarily apply for approval to receive
GI Bill benefits likely because tuition
and fees revenue from student Veterans
consists of guaranteed government
funding (from U.S. taxpayer funds).
However, if the cost for smaller
educational institutions applying for GI
Bill approval and meeting the
requirements for continued approval
were substantial, participating in the GI
Bill program would not be financially
viable. Because the policies
memorialized in this final rule have
been in effect for a long period of time
and small institutions continue to seek
and maintain GI Bill approval, likely
profiting from this status, we conclude
that the rules and policies in this final
regulatory action do not significantly
impact these entities. Furthermore,
realizing that there are costs to
educational institutions associated with
their participation in GI Bill programs,
Congress enacted Public Law 115–48,
sec. 304, which increased the reporting
fee payable to testing organizations and
educational institutions for carrying out
reporting requirements, as provided in
38 U.S.C. 3684(c)(2), consequently
further minimizing the economic impact
on smaller educational and testing
organizations. On this basis, the
Secretary 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. Therefore,
under 5 U.S.C. 605(b), the initial and
final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
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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
issuing any rule that may result in the
expenditure by State, local, and 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 will have no
such effect on State, local, and Tribal
governments, or on the private sector.
Paperwork Reduction Act of 1995
This final rule includes provisions
constituting a revision to current/valid
collections of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521). The revisions also
require approval by the Office of
Management and Budget (OMB).
Accordingly, under 44 U.S.C. 3507(d),
VA has submitted a copy of this
rulemaking action to OMB for review
and approval. VA received no
comments on the revised collections of
information.
OMB has received the revised
collections of information. OMB’s
receipt of the revised collections of
information is not an approval to
conduct or sponsor an information
collection under the Paperwork
Reduction Act of 1995. In accordance
with 5 CFR part 1320, the revised
collections of information associated
with this rulemaking are not approved
by OMB at this time. OMB’s approval of
the revised collections of information
will occur within 30 days after the Final
rulemaking publishes. If OMB does not
approve the new collections of
information as requested, VA will
immediately remove the provision
containing the related new collection of
information or take such other action as
is directed by OMB.
The collections of information
associated with this rulemaking are
described immediately following this
paragraph, under its respective title.
Title: Application for Approval of an
Institution of Higher Learning Facility;
Institution of Higher Learning—Program
Submission List; Application for
Approval of Org Other Than Inst of
Higher Learning.
OMB Control No: 2900–0932.
CFR Provision: 38 CFR 21.4259(b).
• Summary of collection of
information: Public Law 117–333
section 11, enacted January 5, 2023,
amended 38 U.S.C. 3672, ‘‘Approval of
Courses’’. This law required VA to
create and design two new uniform
applications and any accompanying
documentation for approval of courses
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of educational programs, and for those
forms to be available for use by October
1, 2023. These forms are completed by
educational institutions, training
establishments, and other organizations
seeking approval of one or more
programs of study for the payment of
VA education benefits rendered to
eligible beneficiaries. The institutions
submit the forms to the State Approving
Agencies (SAAs) of jurisdiction for their
review. By law, each SAA has the
authority to make such approvals in
their respective state. VA contracts with
SAAs in each state for this approval
assessment work. There is some
duplication of collection information
found in the discontinued OMB 2900–
0051 ‘‘State Approving Agency Reports
and Notices’’ as required by 38 CFR
21.4154, 4250(b), 21.4258 and 21.4259.
However, there wasn’t an official
uniform application available for use by
all stakeholders; educational
institutions, training establishments and
SAAs to ensure the information
collected was the same based on the
type of educational institution seeking
program and course approval.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
ensure all entities have access to the
same collection of information, thus
making the approval assessment and
enrollment certification process more
efficient.
• Description of likely respondents:
SAAs, educational institutions, and
training establishments.
• Estimated total number of
respondents: 8,800.
• Estimated total number of
responses: 8,800.
• Estimated frequency of responses:
Once.
• Estimated average burden per
response: 8 total hours.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 70,400
burden hours. Using the annual number
of responses 8,800, VA estimates a total
annual reporting and recordkeeping
burden of 70,400 for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $2,216,192 (70,400
respondents × $31.48 *)
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Dependents’ Application for VA
Education Benefits.
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OMB Control No: 2900–0098.
CFR Provision: 38 CFR 21.9520(d),
21.9530(f), 21.9691(e), 21.9691(h).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9520(d), 21.9530(f), 21.9691(e), and
21.9691(h) would require certain
children to submit an application to
establish eligibility for the Fry
Scholarship, and certain individuals
who must elect the Fry Scholarship or
either Dependency and Indemnity
Compensation (DIC) or Survivors’ and
Dependents’ Educational Assistance
(DEA) to submit an application to
establish eligibility for the elected
benefit.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits. The information collected
will be used by VA to determine an
individual’s eligibility for the Fry
scholarship, DIC, or DEA.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 83,972.
• Estimated frequency of responses:
Once.
• Estimated average burden per
response: 45 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 48,983
burden hours. Using the annual number
of responses 83,972, VA estimates a
total annual reporting and
recordkeeping burden of 48,983 hours
for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $1,982,578.92 (83,972
respondents per year × 45 minutes per
application)/60 × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Application for Reimbursement
of a National Exam Fee.
OMB Control No: 2900–0706.
CFR Provision: 38 CFR 21.9626(a)(3),
21.9668, 21.9681(b)(5).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9626(a)(3), 21.9668, 21.9681(b)(5)
would require individuals to submit a
claim and supporting documentation to
be reimbursed for the cost of a national
test for admission or a national test for
credit.
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• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits. The information collected
will be used by VA to determine if an
individual is eligible to receive
reimbursement for a claimed national
test, and to determine the amount of the
reimbursement.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 310.
• Estimated frequency of responses:
Once.
• Estimated average burden per
response: 15 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 78 burden
hours. Using the annual number of
responses 310, VA estimates a total
annual reporting and recordkeeping
burden of 78 hours for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $2,440 (310
respondents per year × 15 minutes per
application × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Application for Reimbursement
of Licensing and Certification Fees.
OMB Control No: 2900–0695.
CFR Provision: 38 CFR 21.9667.
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9667 would require individuals to
submit a claim to be reimbursed for the
cost of licensing and certification tests.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits. The information collected
will be used by VA to determine if an
individual is eligible to receive
reimbursement for a licensing and
certification test, and to determine the
amount of the reimbursement.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 4,210.
• Estimated total number of
responses: 12,630.
• Estimated frequency of responses:
On occasion. (3 responses per year).
• Estimated average burden per
response: 15 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
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estimates the total annual reporting and
recordkeeping burden to be 3,158
burden hours. Using the annual number
of responses 12,630, VA estimates a
total annual reporting and
recordkeeping burden of 3,158 hours for
respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $99,398 (12,630
responses per year × 15 minutes per
application × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Monthly Certification for Flight
Training.
OMB Control No: 2900–0162.
CFR Provision: 38 CFR 21.9641(b)(5).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9641(b)(5) would require students
pursuing flight training programs at
non-IHLs to submit monthly
certifications to receive payment for
such pursuit.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits. The information collected
will be used to determine whether the
individual’s educational assistance
should be continued without change,
amended, or terminated, and to
determine the effective date of such
continuance, amendment, or
termination.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 3,900.
• Estimated total number of
responses: 23,400.
• Estimated frequency of responses:
On occasion. (6 responses annually).
• Estimated average burden per
response: 30 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 11,700
burden hours. Using the annual number
of responses 23,400, VA estimates a
total annual reporting and
recordkeeping burden of 11,700 hours
for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $368,316 (23,400
responses per year × 30 minutes per
application × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
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Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Certification of Lessons
Completed.
OMB Control No: 2900–0353.
CFR Provision: 38 CFR 21.9641(b)(6).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9641(b)(6) would require students
pursuing correspondence training
programs at non-IHLs to submit
certification of lessons completed to
receive payment for such pursuit.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits, which in the case of
correspondence training, are based on
the number of lessons completed. The
information collected will be used by
VA to determine the amount of
educational assistance to be paid.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 154.
• Estimated total number of
responses: 616.
• Estimated frequency of responses:
Quarterly.
• Estimated average burden per
response: 10 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 103 burden
hours. Using the annual number of
responses 616, VA estimates a total
annual reporting and recordkeeping
burden of 103 hours for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $3,232 (616 responses
per year × 10 minutes per application ×
$31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Certification of Affirmation of
Enrollment Agreement Correspondence
Course.
OMB Control No: 2900–0576.
CFR Provision: 38 CFR 21.9641(b)(6).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9641(b)(6) would require students
pursuing correspondence training
programs at non-IHLs to submit an
affirmation of enrollment in a
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correspondence course to receive
payment for such pursuit.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
pay benefits. The information collected
will be used by VA to ensure an
individual is enrolled in a
correspondence course following the
signing of a contract.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 75.
• Estimated frequency of responses:
Annually.
• Estimated average burden per
response: 3 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 4 burden
hours. Using the annual number of
responses 75 VA estimates a total
annual reporting and recordkeeping
burden of 4 hours for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $118 (75 responses
per year × 3 minutes per application ×
$31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: VA Enrollment Certification.
OMB Control No: 2900–0073.
CFR Provision: 38 CFR 21.9681(b)(1)
and 21.9721.
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9681(b)(1) and 21.9721 would
require an educational institution to
certify a student’s enrollment in an
approved program of education (other
than a student seeking reimbursement
for taking an approved licensure or
certification test or a national test).
• Description of need for information
and proposed use of information: The
collection of information is necessary to
ensure a student is properly enrolled in
an approved program of education
before making any payments of
educational assistance benefits. VA will
use the information collected on VA
Form 22–1999 to determine the amount
of educational benefits payable to an
individual during a period of
enrollment or training.
• Description of likely respondents:
Individuals.
• Estimated total number of
respondents: 1,266,616.
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• Estimated total number of
responses: 3,799,847.
• Estimated frequency of responses:
On occasion. (3 responses per year).
• Estimated average burden per
response: 10 minutes.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 633,307
burden hours. Using the annual number
of responses 3,799,847, VA estimates a
total annual reporting and
recordkeeping burden of 633,307 hours
for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $19,936,530
(3,799,847 responses per year × 10
minutes per application × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Title: Yellow Ribbon Program
Agreement.
OMB Control No: 2900–0718.
CFR Provision: 38 CFR 21.9700(b).
• Summary of collection of
information: The new collection of
information in proposed 38 CFR
21.9700(b) would include individuals
who establish eligibility for the Fry
Scholarship to receive benefits under
the Yellow Ribbon Program.
• Description of need for information
and proposed use of information: The
collection of information is necessary to
provide IHLs with the opportunity to
indicate their participation in the
Yellow Ribbon Program and to allow
IHLs to indicate the maximum number
of students that will receive benefits
under the program. VA will use the
information collected to determine
which IHLs will be participating in the
Yellow Ribbon Program, the maximum
number of individuals for whom the
IHL will make contributions in any
given academic year, and the maximum
dollar amount of outstanding
established charges that will be waived
for each student based on student status
(i.e., undergraduate, graduate, doctoral)
or sub-element (i.e., college or
professional school).
• Description of likely respondents:
Institutions of higher learning.
• Estimated total number of
respondents: 5,600.
• Estimated frequency of responses:
Once.
• Estimated average burden per
response: 14 hours.
• Estimated total annual reporting
and recordkeeping burden: VA
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estimates the total annual reporting and
recordkeeping burden to be 78,400
burden hours. Using the annual number
of responses 5,600, VA estimates a total
annual reporting and recordkeeping
burden of 78,400 hours for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $2,468,032 (5,600
responses per year × 14 hours per
application × $31.48 *).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$31.48 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm.
Severability
The purpose of this section is to
clarify the agencies’ intent with respect
to the severability of provisions of this
final rule. Each provision that the
agency is promulgating is capable of
operating independently. If any
provision of this rule is determined by
judicial review or operation of law to be
invalid, that partial invalidation will not
render the remainder of this rule
invalid. Likewise, if the application of
any portion of this rule to a particular
circumstance is determined to be
invalid, the agencies intend that the rule
remain applicable to all other
circumstances.
Congressional Review Act
Under the Congressional Review Act,
this regulatory action may result in ‘‘an
annual effect on the economy of
$100,000,000 or more,’’ 5 U.S.C. 804(2),
and so is subject to the 60-day delay in
effective date under 5 U.S.C. 801(a)(3).
In accordance with 5 U.S.C. 801(a)(1),
VA will submit to the Comptroller
General and to Congress a copy of this
Regulation and the Regulatory Impact
Analysis (RIA) associated with the
Regulation.
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List of Subjects in 38 CFR Part 21
Administrative practice and
procedure, Armed forces, Civil rights,
Claims, Colleges and universities,
Conflict of interests, Defense
Department, Education, Employment,
Grant programs—education, Grant
programs—veterans, Health care, Loan
programs—education, Loan programs—
veterans, Manpower training programs,
Reporting and recordkeeping
requirements, Schools, Travel and
transportation expenses, Veterans,
Vocational education, Veteran
readiness.
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Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, signed and approved
this document on December 12, 2024,
and authorized the undersigned to sign
and submit the document to the Office
of the Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
5329
§ 21.4022 Nonduplication—programs
administered by VA.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 21 as
follows:
*
*
*
*
(l) Effective August 1, 2011, 10 U.S.C.
510 (National Call to Service).
*
*
*
*
*
■ 6. Amend § 21.4138 by:
■ a. Removing the parenthetical
authority citation at the end of
paragraphs (a), (b), and (e);
■ b. Revising the heading for paragraph
(f) introductory text;
■ c. Removing the parenthetical
authority citation at the end of
paragraphs (f)(4)(ii), (f)(5)(ii), and
(f)(6)(ii)(B); and
■ d. Adding paragraphs (g) and (h).
The revision and additions read as
follows:
PART 21—VETERAN READINESS AND
EMPLOYMENT AND EDUCATION
§ 21.4138 Certifications and release of
payments.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
Subpart C—Survivors’ and
Dependents’ Educational Assistance
Under 38 U.S.C. Chapter 35
1. The authority citation for subpart C
continues to read as follows:
■
Authority: 38 U.S.C. 501(a), 512, 3500–
3566, and as noted in specific sections.
2. Amend § 21.3022 by:
a. In paragraph (i), removing ‘‘and’’;
■ b. In paragraph (j), removing the
period and adding ‘‘; and’’ in its place;
and
■ c. Adding paragraph (k).
The addition reads as follows:
■
■
§ 21.3022 Nonduplication—programs
administered by VA.
*
*
*
*
*
(k) Effective August 1, 2011, 10 U.S.C.
510 (National Call to Service).
*
*
*
*
*
Subpart D—Administration of
Educational Assistance Programs
3. The authority citation for 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, 33, 34, 35, 36,
and as noted in specific sections.
§ 21.4002
[Amended]
4. Amend § 21.4002, in paragraph (a),
by removing ‘‘(See §§ 19.192 and 19.183
of this chapter.)’’.
■ 5. Amend § 21.4022 by:
■ a. In paragraph (d), adding a
semicolon at the end of the paragraph;
■ b. In paragraph (k), removing the
period and adding ‘‘; and’’ in its place;
and
■ c. Adding paragraph (l).
The addition reads as follows:
■
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*
*
*
*
*
*
(f) Payment for intervals and
temporary school closings before August
1, 2011. * * *
*
*
*
*
*
(g) Payment for temporary school
closings after July 31, 2011. (1) Subject
to paragraph (g)(2) of this section, VA
may authorize payment for a temporary
school closing that occurs during a
certified period of enrollment if the
closing is due to an emergency
(including a strike) or established policy
based on an Executive order of the
President.
(2) An individual may not receive
more than 4 weeks of payment for
temporary school closings in any 12month period.
(3) The decision as to whether a
school closing is permanent or
temporary will be made by—
(i) The director of the VA regional
processing office of jurisdiction; or
(ii) The Director, Education Service, if
the emergency or established policy
based on an Executive Order of the
President results in the closing of
schools in the jurisdiction of more than
one VA regional processing office.
(4) A school that disagrees with a
decision made under paragraph (g)(3) of
this section may request an
administrative review. The review
request must be submitted in writing
and received by the director of the VA
regional processing office of
jurisdiction, or the Director, Education
Service, whoever made the decision
under paragraph (g)(3) of this section,
within one year of the date of VA’s letter
notifying the school of the decision. A
review of the decision will include the
evidence of record and any other
pertinent evidence the school may wish
to submit. The affirmation or reversal of
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the initial decision based on an
administrative review is final. The
review will be conducted by the—
(i) Director, Education Service, if the
director of the VA regional processing
office of jurisdiction made the initial
decision to continue or discontinue
payments.
(ii) Under Secretary for Benefits, if the
Director, Education Service, made the
initial decision to continue or
discontinue payments.
(h) Authority. (1) Paragraph (a) of this
section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034,
3680(d);
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(c),
3680(f);
(3) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 5113,
3680(b), 3680(c), 3680(g);
(4) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3680;
(5) Paragraph (f)(5) of this section
issued under the authority of 38 U.S.C.
3680(a);
(6) Paragraph (f)(6) of this section
issued under the authority of 38 U.S.C.
512, 3680(a); and
(7) Paragraph (g) of this section issued
under the authority of 38 U.S.C. 512,
3680(a).
*
*
*
*
*
■ 7. Amend § 21.4150 by:
■ a. Revising paragraph (c)(2) and
removing the parenthetical authority
citation at the end of the paragraph;
■ b. Removing the parenthetical
authority citation at the end of
paragraphs (d) and (e);
■ c. Revising paragraph (f) and
removing the parenthetical authority
citation at the end of the paragraph;
■ d. Removing the parenthetical
authority citation at the end of
paragraph (g); and
■ e. Adding paragraph (h).
The revisions and addition read as
follows:
§ 21.4150
Designation.
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*
*
*
*
*
(c) * * *
(2) When VA has approval,
disapproval, or suspension authority.
*
*
*
*
*
(f)(1) The Secretary is responsible for
approving programs of education
offered by any agency or instrumentality
of the Federal Government.
(2)(i) Effective August 1, 2011, subject
to §§ 21.4201, 21.4203, 21.4251,
21.4252, and 21.4253(d)(2) and (3), the
following programs of education are
deemed approved—
(A) An accredited standard college
degree program offered at a public or
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not-for-profit proprietary institution of
higher learning that is accredited by a
national or regional agency or
organization recognized for that purpose
by the Department of Education.
(B) A flight training course approved
by the Federal Aviation Administration
that is offered by a certified pilot school
that possesses a valid Federal Aviation
Administration pilot school certificate
or provisional pilot school certificate
under 14 CFR part 141.
(C) An apprenticeship program
registered with the Office of
Apprenticeship of the Employment
Training Administration of the
Department of Labor or a State
apprenticeship agency recognized by
the Office of Apprenticeship under 29
U.S.C. 50, et seq.
(D) A program of education leading to
a secondary school diploma offered by
a secondary school approved in the
State in which it is operating.
(E) A licensure test offered by a
Federal, State, or local government.
(ii) [Reserved]
(h)(1) Paragraph (c)(2) of this section
issued under the authority of 38 U.S.C.
3671(b)(1);
(2) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 512(a),
3561(b);
(3) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 3672(c);
(4) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3672(b);
and
(5) Paragraph (g) of this section issued
under the authority of 38 U.S.C. 3689.
*
*
*
*
*
■ 8. Amend § 21.4151 by:
■ a. Removing the parenthetical
authority citation at the end of
paragraphs (a) and (b);
■ b. In paragraph (b)(5), removing ‘‘and’’
at the end of the paragraph;
■ c. Redesignating paragraph (b)(6) as
paragraph (b)(7);
■ d. Adding new paragraph (b)(6);
■ e. Removing the parenthetical
authority citation at the end of
paragraph (c); and
■ f. Adding paragraph (d).
The additions read as follows:
§ 21.4151
Cooperation.
*
*
*
*
*
(b) * * *
(6) Effective August 1, 2011,
performing compliance and risk-based
surveys and oversight (in accordance
with the provisions in the State
approving agency contract) without
regard to whether the Secretary or the
State approving agency approved the
courses offered at the educational
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Fmt 4701
Sfmt 4700
institution or the courses were deemed
approved; and
*
*
*
*
*
(d)(1) Paragraph (a) of this section
issued under the authority of 38 U.S.C.
3673(a);
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3672,
3673, 3674, 3689; and
(3) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3673(b).
■ 9. Amend § 21.4200 by adding
paragraphs (mm) through (oo) following
the parenthetical authority citation at
the end of the section to read as follows:
§ 21.4200
Definitions.
*
*
*
*
*
(mm) National test for admission. (1)
A national test for admission is a test
used for admission to an institution of
higher learning or graduate school (such
as the Scholastic Aptitude Test (SAT),
Law School Admission Test (LSAT),
Graduate Record Exam (GRE), and
Graduate Management Admission Test
(GMAT)). A list of national tests
approved by VA can be found at:
https://inquiry.vba.va.gov/weamspub/
buildSearchNE.do.
(2) This paragraph (mm) issued under
the authority of 38 U.S.C. 3452(b),
3315A, 3501(a)(5).
(nn) National test for credit. (1) A
national test for credit is a test that
provides an opportunity for course
credit at an institution of higher
learning (such as the Advanced
Placement (AP) exam and College-Level
Examination Program (CLEP)). A list of
national tests approved by VA can be
found at: https://inquiry.vba.va.gov/
weamspub/buildSearchNE.do.
(2) This paragraph (nn) issued under
the authority of 38 U.S.C. 3452(b),
3315A, 3501(a)(5).
(oo) We, us, our. When we use the
terms we, us, or our, we mean the
United States Department of Veterans
Affairs.
■ 10. Amend § 21.4206 by:
■ a. Revising the introductory text;
■ b. Removing the parenthetical
authority citation at the end of
paragraph (a);
■ c. Revising paragraph (b) and
removing the parenthetical authority
citation at the end of the paragraph;
■ d. Removing the parenthetical
authority citation at the end of
paragraphs (c) and (d);
■ e. Revising paragraph (e) and
removing the parenthetical authority
citation at the end of the paragraph; and
■ f. Adding paragraph (f).
The revisions and addition read as
follows:
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§ 21.4206
Reporting fee.
VA will pay annually to each
educational institution furnishing
education or to each joint
apprenticeship training committee
acting as a training facility under 10
U.S.C. 510, chapter 1606, or chapter
1607 or 38 U.S.C. 30, 32, 33, 35, or 36
a reporting fee for required reports or
certifications. The reporting fee will be
paid as soon as feasible after the end of
the calendar year.
*
*
*
*
*
(b) In computing the reporting fee, VA
will not count an eligible individual
whose only receipt of educational
assistance during a calendar year was
tuition assistance Top-Up under 38
U.S.C. chapter 30, a rural relocation
payment, or reimbursement for a
national test for admission, national test
for credit, or a licensing or certification
test.
*
*
*
*
*
(e) Before VA will pay a reporting fee,
an educational institution must certify
that—
(1) It has exercised reasonable
diligence in determining whether it or
any courses approved for VA education
benefits offered by it meet all the
applicable requirements of 10 U.S.C.
510, chapter 1606, or chapter 1607 or 38
U.S.C. 30, 32, 33, 35, or 36;
(2) It will, without delay, report any
failure to meet any requirement to VA;
and
(3) The reporting fees received after
January 4, 2011, will be used solely for
the purpose of making certifications for
VA educational assistance under 10
U.S.C. 510, chapter 1606, or chapter
1607 or 38 U.S.C. 30, 32, 33, 35, or 36
or for supporting programs for veterans.
(f)(1) Paragraph (a) of this section
issued under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3323(a), 3684(c);
(2) Paragraph (b) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3323(a), 3684(c);
(3) Paragraph (c) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3323(a), 3684(c);
(4) Paragraph (d) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3323(a), 3684(c); and
(5) Paragraph (e) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3323(a), 3684(c).
*
*
*
*
*
■ 11. Revise § 21.4235 to read as
follows:
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§ 21.4235 Programs of education that
include flight training.
VA will use the provisions of this
section to determine whether an
individual may be paid educational
assistance for pursuit of flight training.
See § 21.4263 for approval of flight
courses for VA training.
(a) Eligibility. An individual who is
otherwise eligible to receive educational
assistance under 38 U.S.C. chapters 30,
32, or 33, or a reservist eligible for
educational assistance under 10 U.S.C.
chapters 1606 or 1607, may receive
educational assistance for flight training
in an approved program of education
provided that the individual meets the
requirements of this paragraph (a).
Except when enrolled in a ground
instructor certification course or when
pursuing flight training under paragraph
(e) of this section, the individual must—
(1) Possess a valid private pilot
certificate or higher pilot certificate
such as a commercial pilot certificate;
(2) If enrolled in a course other than
an Airline Transport Pilot (ATP) course,
hold a second-class medical certificate
on the first day of training and, if that
course began before October 1, 1998,
hold that certificate continuously during
training; and
(3) If enrolled in an ATP certification
course, hold a first-class medical
certificate on the first day of training
and, if that course began before October
1, 1998, hold that certificate
continuously during training.
(b) Pursuit of flight courses. (1) VA
will pay educational assistance to an
eligible individual for an enrollment in
a commercial pilot certification course
leading to Federal Aviation
Administration certification for a
particular category even if the
individual has a commercial pilot
certificate issued by the Federal
Aviation Administration for a different
category, since each category represents
a different vocational objective.
(2) VA will pay educational assistance
to an eligible individual for an
enrollment in an instrument rating
course only if the individual
simultaneously enrolls in a course
required for a commercial pilot
certificate for the category for which the
instrument rating course is pursued or
if, at the time of enrollment in the
instrument rating course, the individual
has a commercial pilot certificate issued
by the Federal Aviation Administration
for such category. The enrollment in an
instrument rating course alone does not
establish that the individual is pursuing
a vocational objective, as required for
VA purposes, since that rating equally
may be applied to an individual’s
private pilot certificate, only evidencing
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5331
an intent to pursue a non-vocational
objective.
(3) VA will pay educational assistance
to an eligible individual for an
enrollment in a flight course other than
an instrument rating course or a ground
instructor course, including courses
leading to an aircraft type rating, only if
the individual has a commercial pilot
certificate issued by the Federal
Aviation Administration for the
category to which the particular course
applies.
(4) VA will pay educational assistance
to an eligible individual for an
enrollment in a ground instructor
certificate course, even though the
individual does not have any other
flight certificate issued by the Federal
Aviation Administration, since the
Federal Aviation Administration does
not require a flight certificate as a
prerequisite to ground instructor
certification and ground instructor is a
recognized vocational objective.
(5) VA will not pay an eligible
individual for simultaneous enrollment
in more than one flight course, except
as provided in paragraph (b)(2) of this
section.
(c) Some individuals are already
qualified for a flight course objective. (1)
The provisions of §§ 21.5230(a)(4),
21.7110(b)(4), and 21.7610(b)(4),
prohibiting payment of educational
assistance for enrollment in a course for
whose objective the individual is
already qualified, apply to enrollments
in flight courses.
(2) A former military pilot with the
equivalent of a commercial pilot
certificate and an instrument rating may
obtain a commercial pilot certificate and
instrument rating from the Federal
Aviation Administration without a
flight exam within 12 months of release
from active duty. Therefore, VA will
consider such a veteran to be already
qualified for the objectives of a
commercial pilot certification course
and an instrument rating course if begun
within 12 months of the individual’s
release from active duty.
(d) Some flight courses are refresher
training. The provisions of
§§ 21.5230(c), 21.7020(b)(26),
21.7122(b), 21.7520(b)(20), and
21.7610(b)(4) that provide limitations on
payment for refresher training that is
needed to update an individual’s
knowledge and skill in order to cope
with technological advances while he or
she was on active duty service apply to
flight training.
(1) An individual who held a Federal
Aviation Administration certificate
before or during active duty service may
have surrendered that certificate or the
Federal Aviation Administration may
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have canceled it. The individual may
receive the equivalent of the number of
months of educational assistance
necessary to complete the course that
will qualify him or her for the same
grade certificate.
(2) A reservist is not eligible for
refresher training unless he or she has
had prior active duty.
(e) Flight training at an institution of
higher learning. (1) An individual who
is eligible for educational assistance
under 10 U.S.C. chapter 1606 or 1607 or
38 U.S.C. chapter 30, 32, 33, or 35 is
exempt from the provisions of
paragraphs (a)(2) through (c) of this
section when his or her courses include
flight training that is part of a program
of education that leads to a standard
college degree.
(2) An individual described in
paragraph (e)(1) of this section may
pursue courses that may result in the
individual eventually receiving
recreational pilot certification or private
pilot certification, provided that the
courses also lead to a standard college
degree.
(f) Authority. (1) Paragraph (a) of this
section issued under the authority of 10
U.S.C. 16136(c); 38 U.S.C. 3034(d),
3241(b);
(2) Paragraph (b) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3002(3)(A), 3034(a),
3202(2)(A), 3241(a), 3241(b), 3452(b),
3680A(a)(3);
(3) Paragraph (c) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a),
3241(b), 3471(4);
(4) Paragraph (d) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3002(3)(A),
3034(a)(3), 3202(2)(A), 3241(a), 3241(b));
and
(5) Paragraph (e) of this section issued
under the authority of 10 U.S.C.
16136(b); 38 U.S.C. 3002(3)(A),
3034(a)(3), 3202(2)(A), 3241(a), 3241(b).
■ 12. Amend § 21.4253 by:
■ a. Removing the parenthetical
authority citation at the end of
paragraph (a); b. Revising paragraph (a)
introductory text;
■ c. Removing the parenthetical
authority citation at the end of
paragraphs (d)(1)(iv), (d)(3), (5), and (8),
(d)(10)(ii), and (e)(1); and
■ c. Adding paragraph (g).
The revision and addition read as
follows:
§ 21.4253
Accredited courses.
(a) General. All standard college
degree courses offered at proprietary forprofit institutions and non-college
degree courses offered at proprietary forprofit institutions and public or
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proprietary not-for-profit institutions
may be approved as accredited courses
if they meet one of the following
criteria:
*
*
*
*
*
(g) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3675(a);
(2) Paragraphs (b) through (d)(1) of
this section issued under the authority
of 38 U.S.C. 3675(a), 3676(b);
(3) Paragraphs (d)(2) and (3) of this
section issued under the authority of 38
U.S.C. 3675(b);
(4) Paragraphs (d)(4) and (5) of this
section issued under the authority of 38
U.S.C. 3474, 3675);
(5) Paragraphs (d)(6) through (8) of
this section issued under the authority
of 38 U.S.C. 3675(b), 3676(c)(1), (2), (3);
(6) Paragraph (d)(9) of this section
issued under the authority of 38 U.S.C.
3675(b)(3), 3676(c), (f); and
(7) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 3675.
*
*
*
*
*
■ 13. Amend § 21.4259 by:
■ a. Revising paragraphs (a) and (b);
■ b. Removing the parenthetical
authority citation at the end of
paragraph (e);
■ c. Adding paragraph (f); and
■ d. Removing the parenthetical
authority citation under parenthetical
‘‘(The Office of Management and Budget
has approved the information collection
provisions in this section under control
number 2900–0051)’’.
The revision and addition read as
follows:
§ 21.4259
Suspension or disapproval.
(a) The appropriate State approving
agency or the Secretary (whichever
entity approved the program), after
approving a program of education or
licensing or certification test—
(1) May suspend the approval of a
program of education for new
enrollments or for a licensing or
certification test for a period not to
exceed 60 days to allow the institution
to correct any deficiencies if the
evidence of record establishes that the
program of education or licensing or
certification test fails to meet any of the
requirements for approval.
(2) Will immediately disapprove the
program of education or licensing or
certification test if any of the
requirements for approval are not being
met and the deficiency cannot be
corrected within a period of 60 days.
(b)(1) Upon suspension or
disapproval, the State approving agency
or the Secretary, whichever suspended
or disapproved the program of
education, will notify the educational
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institution by certified or registered
letter with a return receipt secured. It is
incumbent upon the State approving
agency or the Secretary to determine the
conduct of the program of education
and to take immediate appropriate
action in each case in which it is found
that the conduct of the program of
education in any manner fails to comply
with the requirements for approval.
(2)(i) Each State approving agency
will immediately notify VA of each
program of education or licensing and
certification test that it has suspended
or disapproved.
(ii) The Secretary will immediately
notify the appropriate State approving
agency of each program of education or
licensing and certification test that it
has suspended or disapproved.
*
*
*
*
*
(f) Paragraphs (a) through (e) of this
section issued under the authority of 38
U.S.C. 3679(d).
■ 14. Amend § 21.4263 by revising
paragraph (a) and removing the
parenthetical authority citation at the
end of the paragraph to read as follows:
§ 21.4263
courses.
Approval of flight training
(a)(1) A flight program may be
approved if—
(i)(A) For 38 U.S.C. chapters 32 and
35 and 10 U.S.C. chapters 1606 and
1607, the flight courses that constitute
the program of education meet Federal
Aviation Administration standards for
such courses and the Federal Aviation
Administration and the State approving
agency approve them; or
(B) For 38 U.S.C. chapters 30 and 33,
effective August 1, 2011, the flight
program is deemed approved (A flight
program will be deemed approved if it
is approved by the Federal Aviation
Administration and is offered by a
certified pilot school that possesses a
valid Federal Aviation Administration
pilot school certificate or provisional
pilot school certificate under 14 CFR
part 141. Flight programs offered at
flight schools listed in paragraphs (b)(2)
and (3) of this section will not be
approved for VA training under 38
U.S.C. chapters 30 and 33); and
(ii)(A) The flight training offered by a
flight school is generally accepted as
necessary for the attainment of a
recognized vocational objective in the
field of aviation; or
(B) The flight training is offered by an
institution of higher learning for credit
towards a standard college degree
program.
(2) A State approving agency may
approve a flight course only if a flight
school or an institution of higher
learning offers the course. A State
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approving agency may not approve a
flight course if an individual instructor
offers it.
(3) This paragraph (a) issued under
the authority of 10 U.S.C. 16136(c),
16166(c), 38 U.S.C. 3032(e), 3241(b),
3672, 3676, 3680A.
*
*
*
*
*
■ 15. Amend § 21.4268 by:
■ a. Revising paragraph (a) and
removing the parenthetical authority
citation at the end of the paragraph;
■ b. Removing the parenthetical
authority citation at the end of
paragraphs (b) through (e);
■ c. Adding paragraph (g); and
■ d. Removing the parenthetical
authority citation below the
parenthetical ‘‘(The Office of
Management and Budget has approved
the information collection provisions in
this section under control number 2900–
0051)’’; and
The revision and addition read as
follows:
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§ 21.4268 Approval of licensing and
certification tests.
(a) Authority to approve licensing and
certification tests—(1) Tests deemed
approved. Effective August 1, 2011, a
licensure test offered by a Federal, State,
or local government is deemed
approved in accordance with
§ 21.4150(f).
(2) VA approval. The Secretary of
Veterans Affairs delegates to the Under
Secretary for Benefits, and to personnel
the Under Secretary for Benefits may
designate within the Education Service
of the Veterans Benefits Administration,
the authority to approve licensing and
certification tests and the organizations
and entities offering the tests as
provided in § 21.4250(c)(2)(vi).
(3) State approving agency approval.
Except for the licensing and certification
tests and organizations or entities
offering these tests that are approved
under paragraphs (a)(1) and (2) of this
section, the Secretary of Veterans Affairs
delegates to each State approving
agency the authority to approve
licensing and certification tests and the
organizations and entities offering these
tests located within the State approving
agency’s jurisdiction as provided in
§ 21.4250(a).
*
*
*
*
*
(g) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 512(a), 3689(a)(2);
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3689;
(3) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3689(c);
(4) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 3689(c);
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(5) Paragraph (e) of this section issued
under the authority of 38 U.S.C.
3689(d);
(6) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3689.
Subpart G—Post-Vietnam Era
Veterans’ Educational Assistance
Under 38 U.S.C. Chapter 32
16. The authority citation for subpart
G continues to read as follows:
■
Authority: 38 U.S.C. 501(a), chs. 32, 36,
and as noted in specific sections.
17. Amend § 21.5022 by:
a. Removing the parenthetical
authority citation at the end of
paragraph (a)(1);
■ b. In paragraph (a)(1)(ix), removing
‘‘or’’;
■ c. In paragraph (a)(1)(x), removing the
period and adding ‘‘; or’’ in its place;
■ d. Adding paragraph (a)(1)(xi);
■ e. Removing the parenthetical
authority citation at the end of
paragraphs (a)(2) and (b); and
■ f. Adding paragraph (c).
The additions read as follows:
■
■
§ 21.5022
program.
Eligibility under more than one
(a) * * *
(1) * * *
(xi) Effective August 1, 2011, 10 U.S.C
510 (National Call to Service).
*
*
*
*
*
(c) Authority. (1) Paragraph (a)(1) of
this section issued under the authority
of 38 U.S.C. 3322(a), 3681(b), 3695;
(2) Paragraph (a)(2) of this section
issued under the authority of 38 U.S.C.
3033(a), 3322(a); and
(3) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3231, 3323(a).
Subpart K—All Volunteer Force
Educational Assistance Program
(Montgomery GI Bill—Active Duty)
18. The authority citation for subpart
K continues to read as follows:
■
Authority: 38 U.S.C. 501(a), chs. 30, 36,
and as noted in specific sections.
19. Amend § 21.7143 by:
a. In paragraph (a)(1)(ix), removing
‘‘or’’;
■ b. In paragraph (a)(1)(x), removing the
period and adding ‘‘; and’’ in its place;
■ c. Adding paragraph (a)(1)(xi);
■ d. Adding reserved paragraph (a)(2);
■ e. Removing the parenthetical
authority citation at the end of
paragraphs (b) and (c); and
■ f. Adding paragraph (d).
The additions read as follows:
■
■
§ 21.7143 Nonduplication of educational
assistance.
(a) * * *
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5333
(1) * * *
(xi) Effective August 1, 2011, 10
U.S.C. 510 (National Call to Service).
(2) [Reserved]
*
*
*
*
*
(d) Authority. (1) Paragraphs (a) and
(b) of this section issued under the
authority of 10 U.S.C. 16136(b); 38
U.S.C. 3033(a), 3681(b); and
(2) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3034,
3681.
Subpart L—Educational Assistance for
Members of the Selected Reserve
20. The authority citation for subpart
L continues to read as follows:
■
Authority: 10 U.S.C. ch. 1606; 38 U.S.C.
501(a), 512, ch. 36, and as noted in specific
sections.
21. Amend § 21.7642 by:
a. Removing the parenthetical
authority citation at the end of
paragraph (a);
■ b. In paragraph (a)(9), removing ‘‘or’’;
■ c. In paragraph (a)(10), removing the
period and adding ‘‘; and’’ in its place;
■ d. Adding paragraph (a)(11);
■ e. Removing the parenthetical
authority citation at the end of
paragraphs (c) through (e); and
■ e. Adding paragraph (f).
The additions read as follows:
■
■
§ 21.7642 Nonduplication of educational
assistance.
(a) * * *
(11) Effective August 1, 2011, 10
U.S.C. 510 (National Call to Service).
*
*
*
*
*
(f) Authority. (1) Paragraph (a) of this
section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3033(a),
3241(a), 3322(a), 3681);
(2) Paragraphs (b) and (c) of this
section issued under the authority of 10
U.S.C. 16134; Pub. L. 98–525);
(3) Paragraph (d) of this section issued
under the authority of 10 U.S.C.
16136(b), 38 U.S.C. 3681; Public Law
98–525; and
(4) Paragraph (e) of this section issued
under the authority of Sec. 4492(a),
Public Law 102–484, 106 Stat. 2765–
2766.
Subpart P—Post-9/11 GI Bill
22. The authority citation for subpart
P continues to read as follows:
■
Authority: 38 U.S.C. 501(a), 512, chs. 33,
36 and as noted in specific sections.
23. Amend § 21.9505 by:
a. Revising the section heading;
b. In the introductory text, removing
‘‘apply.’’ and adding in its place ‘‘apply
to provisions effective before August 1,
2011, unless otherwise noted.’’;
■
■
■
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c. Revising the definition for ‘‘Active
duty’’ and removing the parenthetical
authority citation at the end of the
definition;
■ d. Adding in alphabetical order the
definition for ‘‘Educational institution’’;
■ e. Revising the definition for ‘‘Entry
level and skill training’’ and removing
the parenthetical authority citation at
the end of the definition;
■ f. Adding in alphabetical order the
definition for ‘‘Fugitive felon’’;
■ g. Adding a parenthetical with the
OMB control number for the approval of
the information collection immediately
following the parenthetical authority
citation at the end of the section.
The revisions and additions read as
follows:
■
§ 21.9505 Definitions—for provisions
effective before August 1, 2011.
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*
*
*
*
*
Active duty means—
(1) Full-time duty:
(i) In the regular components of the
Armed Forces; or
(ii) Under a call or order to active
duty under 10 U.S.C. 688, 12301(a),
12301(d), 12301(g), 12302, or 12304.
(2) In the case of a member of the
Army National Guard of the United
States or the Air National Guard of the
United States, in addition to service
described in paragraph (1)(ii) of this
definition, full-time service—
(i) In the National Guard of a State for
the purpose of organizing,
administering, recruiting, instructing, or
training the National Guard; or
(ii) In the National Guard under 32
U.S.C. 502(f) when authorized by the
President or the Secretary of Defense for
the purpose of responding to a national
emergency declared by the President
and supported by Federal funds.
(3) Active duty does not include—
(i) Any period during which the
individual—
(A) Was assigned full-time by the
Armed Forces to a civilian institution to
pursue a program of education that was
substantially the same as programs of
education offered to civilians; or
(B) Served as a cadet or midshipman
at one of the service academies; or
(C) Served under the provisions of 10
U.S.C. 12103(d) pursuant to an
enlistment in the Army National Guard,
Air National Guard, Army Reserve,
Naval Reserve, Air Force Reserve,
Marine Corps Reserve, or Coast Guard
Reserve.
(ii) A period of service—
(A) Required by an officer pursuant to
an agreement under 10 U.S.C. 2107(b);
or
(B)(1) Required by an officer pursuant
to an agreement under 10 U.S.C. 4348,
6959, or 9348; or
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(2) Effective for individuals entering
into agreements after January 3, 2011,
required by an officer pursuant to an
agreement under 14 U.S.C. 1925.
(C) That was terminated because the
individual is considered a minor by the
Armed Forces, was erroneously
enlisted, or received a defective
enlistment agreement; or
(D) Counted for purposes of
repayment of an education loan under
10 U.S.C. chapter 109.
(iii) A period of service after July 31,
2011, used to establish eligibility under
38 U.S.C. chapter 30 or 32, or 10 U.S.C.
chapter 1606 or 1607.
(3) This definition issued under the
authority of 38 U.S.C. 101(21)(A),
3301(1), 3311(d), 3322(b), (c); Public
Law 111–377, 124 Stat. 4107–4108.
*
*
*
*
*
Educational institution has the same
meaning as the term institution of higher
learning as defined in § 21.4200(h) for
training pursued prior to August 1,
2011.
(1) This definition issued under the
authority of 38. U.S.C. 3323(a).
(2) [Reserved]
*
*
*
*
*
Entry level and skill training means—
(1) Basic Combat Training, Advanced
Individual Training, and, effective
January 4, 2011, One Station Unit
Training for members of the Army;
(2) Recruit Training (Boot Camp) and
Skill Training (‘‘A’’ School) for members
of the Navy;
(3) Basic Military Training and
Technical Training for members of the
Air Force;
(4) Recruit Training and Marine Corps
Training (School of Infantry Training)
for members of the Marine Corps; and
(5) Basic Training and, for individuals
entering service on or after January 4,
2011, Skill Training (or so-called ‘‘A’’
School) for members of the Coast Guard.
(6) This definition issued under the
authority of 38 U.S.C. 3301(2).
*
*
*
*
*
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.
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(4) This definition issued under the
authority of 38 U.S.C. 3323(c), 5313B.
*
*
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0154.)
■
24. Add § 21.9506 to read as follows:
§ 21.9506 Definitions—for provisions
effective after July 31, 2011.
(a) For the purposes of this subpart
(governing the administration and
payment of educational assistance
under 38 U.S.C. chapter 33), effective
after July 31, 2011, unless otherwise
noted, the following definitions apply.
(See also additional definitions in
§§ 21.1029 and 21.4200.)
Academic year means the period of
time beginning August 1st of each
calendar year and ending July 31st of
the subsequent calendar year.
Active duty means—
(i) Full-time duty:
(B) In the regular components of the
Armed Forces; orc
(C) Under a call or order to active
duty under 10 U.S.C. 688, 12301(a),
12301(d), 12301(g), 12302, or 12304.
(ii) In the case of a member of the
Army National Guard of the United
States or the Air National Guard of the
United States, in addition to service
described in paragraph (i)(B) of this
definition, full time service—
(A) In the National Guard of a State
for the purpose of organizing,
administering, recruiting, instructing, or
training the National Guard; or
(B) In the National Guard under 32
U.S.C. 502(f) when authorized by the
President or the Secretary of Defense for
the purpose of responding to a national
emergency declared by the President
and supported by Federal funds.
(iii) Active duty does not include—
(A) Any period during which the
individual—
(1) Was assigned full-time by the
Armed Forces to a civilian institution to
pursue a program of education that was
substantially the same as programs of
education offered to civilians; or
(2) Served as a cadet or midshipman
at one of the service academies; or
(3) Served under the provisions of 10
U.S.C. 12103(d) pursuant to an
enlistment in the Army National Guard,
Air National Guard, Army Reserve,
Naval Reserve, Air Force Reserve,
Marine Corps Reserve, or Coast Guard
Reserve.
(B) A period of service—
(1) Required by an officer pursuant to
an agreement under 10 U.S.C. 2107(b);
or
(2)(i) Required by an officer pursuant
to an agreement under 10 U.S.C. 4348,
6959, or 9348; or
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(ii) Effective for individuals entering
into agreements after January 3, 2011,
required by an officer pursuant to an
agreement under 14 U.S.C. 1925.
(3) That was terminated because the
individual is considered a minor by the
Armed Forces, was erroneously
enlisted, or received a defective
enlistment agreement; or
(4) Counted for purposes of
repayment of an education loan under
10 U.S.C. chapter 109.
Advance payment means an amount
of educational assistance payable under
§ 21.9641(c) for the month or fraction of
the month in which the individual’s
quarter, semester, or term will begin
plus the amount for the following
month.
Course means a unit of instruction
required for an approved program of
education that provides an individual
with the knowledge and skills necessary
to meet the requirements of the selected
educational, professional, or vocational
objective.
Distance learning means the pursuit
of a program of education via distance
education as defined in 20 U.S.C.
1003(7).
Educational assistance means all
monetary benefits (including but not
limited to tuition, fees, and monthly
housing allowances) payable under 38
U.S.C. chapter 33 to, or on behalf of,
individuals who meet the eligibility
requirements for pursuit of an approved
program of education under 38 U.S.C.
chapter 33
Educational institution has the same
meaning as the term institution of
higher learning as defined in
§ 21.4200(h).
Enrollment period means a term,
quarter, or semester during which the
educational institution offers
instruction.
Entry level and skill training means—
(i) For members of the Army—
(A) Basic Combat Training,
(B) Advanced Individual Training,
and
(C) Effective January 4, 2011, One
Station Unit Training.
(ii) For members of the Navy, Recruit
Training (Boot Camp) and Skill Training
(‘‘A’’ School).
(iii) For members of the Air Force,
Basic Military Training and Technical
Training.
(iv) For members of the Marine Corps,
Recruit Training and Marine Corps
Training (School of Infantry Training).
(v) For members of the Coast Guard—
(A) Basic Training; and
(B) For individuals entering service
on or after January 4, 2011, Skill
Training (or so-called ‘‘A’’ School).
Fees mean any mandatory charges
(other than tuition, room, and board)
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that are applied by the educational
institution for pursuit of an approved
program of education. Fees include, but
are not limited to, health premiums,
freshman fees, graduation fees, and lab
fees. Fees do not include those charged
for a study abroad course(s) unless the
course(s) is a mandatory requirement for
completion of the approved program of
education.
Fugitive felon means an individual
identified as such by Federal, State, or
local law enforcement officials and who
is a fugitive by reason of—
(i) 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;
(ii) 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
(iii) Violating a condition of probation
or parole imposed for commission of a
felony under Federal or State law.
Institution of higher learning (IHL)
means a college, university, or similar
institution, including a technical or
business school, offering postsecondary
level academic instruction that leads to
an associate or higher degree if the
school is empowered by the appropriate
State education authority under State
law to grant an associate or higher
degree. When there is no State law to
authorize the granting of such a degree,
the school may be recognized as an
institution of higher learning if it is
accredited for degree programs by a
recognized accrediting agency. Such
term shall also include a hospital
offering educational programs at the
postsecondary level without regard to
whether the hospital grants a
postsecondary degree. Such term shall
also includes an educational institution
that offers courses leading to a standard
college degree or its equivalent, and is
not located in a State but is recognized
as an educational institution by the
Secretary of Education (or comparable
official) of the country or other
jurisdiction in which the institution is
located.
Lump sum payment means an amount
of educational assistance paid for the
entire term, quarter, or semester.
Mitigating circumstances means
circumstances beyond the individual’s
control that prevent him or her from
continuously pursuing a program of
education. The following circumstances
are representative of those that VA
considers to be mitigating. This list is
not all-inclusive.
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(i) An illness or mental illness of the
individual;
(ii) An illness or death in the
individual’s family;
(iii) An unavoidable change in the
individual’s conditions of employment;
(iv) An unavoidable geographical
transfer resulting from the individual’s
employment;
(v) Immediate family or financial
obligations beyond the control of the
individual that require him or her to
suspend pursuit of the program of
education to obtain employment;
(vi) Discontinuance of the course by
the educational institution;
(vii) Unanticipated active duty for
training; or
(viii) Unanticipated difficulties in
caring for the individual’s child or
children.
Net cost means the amount of in-State
tuition and fees the individual enrolled
in a program of education is responsible
for paying after the application of any—
(i) Waiver of, or reduction in, tuition
and fees; and
(ii) Scholarship, or other Federal,
State, institutional, or employer-based
aid or assistance (other than loans and
any funds provided under section
401(b) of the Higher Education Act of
1965) that is provided directly to the
institution specificially designated for
the sole purpose of reducing the
individual’s tuition and fee charges.
Non-public institution means a
proprietary institution as defined in
§ 21.4200(z).
Program of education means a
curriculum or combination of courses
pursued at an educational institution
that is accepted as necessary to meet the
requirements for a predetermined and
identified educational, professional, or
vocational objective. Such term also
means any curriculum or combination
of courses pursued at an educational
institution that is accepted as necessary
to meet the requirements for more than
one predetermined and identified
educational, professional, or vocational
objective if all the objectives pursued
are generally recognized as being
reasonably related to a single career
field. The curriculum or combination of
courses pursued must be listed in the
educational institution’s catalog and
included in the approval notice
provided by the State approving agency
to VA in accordance with
§ 21.4258(b)(iv).
Pursuit means to work, during a
certified enrollment period, towards the
objective of a program of education.
This work must be in accordance with
approved institutional policy and
applicable criteria of title 38 of the U.S.
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Code, and must be necessary to reach
the program’s objective.
Rate of pursuit means the
measurement obtained by dividing the
number of course hours (or the
equivalent hours as determined in
§ 21.9750) that an individual is
pursuing, including hours applied to
refresher, remedial, and deficiency
courses, by the number of hours
considered to be full-time training at the
educational institution. The resulting
percentage (rounded to the nearest
hundredth) will be the individual’s rate
of pursuit not to exceed 100 percent. For
the purpose of this subpart, VA will
consider any rate of pursuit higher than
50 percent to be more than one-half time
training. Transferor means an
individual who is entitled to
educational assistance under the Post-9/
11 GI Bill based on his or her own active
duty service and who is approved by the
military department to transfer all or a
portion of his or her entitlement to one
or more dependents.
(b)(1)The Academic year definition in
this section issued under the authority
of 38 U.S.C. 3034(a), 3323(a), 3680(a);
(2) The Active Duty definition in this
section issued under the authority of 38
U.S.C. 101(21)(A), 3301(1), 3311(d),
3322(b), (c); Public Law 111–377, 124
Stat. 4107–4108;
(3) The Advance payment definition
in this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a),
3680(d);
(4) The Course definition in this
section issued under the authority of 38
U.S.C. 3323(c);
(5) The Distance learning definition in
this section issued under the authority
of 20 U.S.C. 1003(7); 38 U.S.C. 3323(c);
(6) The Educational assistance
definition in this section issued under
the authority of 38 U.S.C. 3313;
(7) The Educational institution
definition in this section issued under
the authority of 38. U.S.C. 3323(a);
(8) The Enrollment period definition
in this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a),
3680(g);
(9) The Entry level and skill training
definition in this section issued under
the authority of 38 U.S.C. 3301(2);
(10) The Fees definition in this
section issued under the authority of 38
U.S.C. 501(a), 3323(c);
(11) The Fugitive felon definition in
this section issued under the authority
of 38 U.S.C. 3323(c), 5313B;
(12) The Institution of higher learning
(IHL) definition in this section issued
under the authority of 38 U.S.C. 3034(a),
3313(b), 3323(a), 3452(f);
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(13) The Lump sum payment
definition in this section issued under
the authority of 38 U.S.C. 3323(c);
(14) The Mitigating circumstances
definition in this section issued under
the authority of 38 U.S.C. 3034(a),
3323(a), 3680(a)(1);
(15) The Net cost definition in this
section issued under the authority of 38
U.S.C. 3313, 3323(c);
(16) The Non-public institution
definition in this section issued under
the authority of 38 U.S.C. 3323(c);
(17) The Program of education
definition in this section issued under
the authority of 38 U.S.C. 3034(a), 3301,
3323(a), 3452(b);
(18) The Pursuit definition in this
section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680(g);
(19) The Rate of pursuit definition in
this section issued under the authority
of 38 U.S.C. 3323, 3680;
(20) The Transferor definition in this
section issued under the authority of 38
U.S.C. 3319.
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0154.)
25. Revise § 21.9520 to reads as
follows:
■
§ 21.9520
Basic eligibility.
An individual may establish
eligibility for educational assistance
under 38 U.S.C. chapter 33, if he or
she—
(a) Serves on active duty after
September 10, 2001, for a minimum of
90 aggregate days, excluding entry level
and skill training (to determine when
entry level and skill training may be
included in the total creditable length of
service, see § 21.9640(a) or § 21.9641(a),
whichever is applicable) and, after
completion of such service—
(1) Continues on active duty;
(2) Is discharged from service with an
honorable discharge;
(3) Is released from service
characterized as honorable and placed
on the retired list, temporary disability
retired list, or transferred to the Fleet
Reserve or the Fleet Marine Corps
Reserve;
(4) Is released from service
characterized as honorable for further
service in a reserve component; or
(5)(i) Before January 4, 2011, is
discharged or released from service for:
(A) A medical condition that
preexisted such service and is not
determined to be service-connected;
(B) Hardship, as determined by the
Secretary of the military department
concerned; or
(C) A physical or mental condition
that interfered with the individual’s
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performance of duty but was not
characterized as a disability and did not
result from the individual’s own
misconduct;
(ii) On or after January 4, 2011, is
discharged or released from service with
an honorable discharge for:
(A) A medical condition that
preexisted such service and is not
determined to be service-connected;
(B) Hardship, as determined by the
Secretary of the military department
concerned; or
(C) A physical or mental condition
that interfered with the individual’s
performance of duty but was not
characterized as a disability and did not
result from the individual’s own
misconduct;
(b) Serves on active duty after
September 10, 2001, for a minimum of
30 continuous days and, after
completion of such service, is
discharged from active duty under other
than dishonorable conditions due to a
service-connected disability; or
(c)(1) After meeting the minimum
service requirements in paragraph (a) or
(b) of this section—
(i) An individual makes an
irrevocable election to receive benefits
under 38 U.S.C. chapter 33 by
relinquishing eligibility under either 38
U.S.C. chapter 30, or 10 U.S.C. chapter
106a, 1606, or 1607, if eligible for such
benefits;
(ii) A member of the Armed Forces
who is eligible for educational
assistance under 38 U.S.C. chapter 30
and who is making contributions
towards educational assistance under 38
U.S.C. chapter 30 in accordance with 38
U.S.C. 3011(b) or 3012(c) makes an
irrevocable election to receive benefits
under 38 U.S.C. chapter 33; or
(iii) A member of the Armed Forces
who made an election not to receive
educational assistance under 38 U.S.C.
chapter 30 in accordance with 38 U.S.C.
3011(c)(1) or 3012(d)(1) makes an
irrevocable election to receive benefits
under 38 U.S.C. chapter 33.
(2) An individual may make an
irrevocable election to receive benefits
under this chapter by properly
completing VA Form 22–1990,
submitting a transfer-of-entitlement
designation under this chapter to the
Department of Defense, or submitting a
written statement that includes the
following—
(i) Identification information
(including name, social security
number, and address);
(ii) If applicable, an election to receive
benefits under 38 U.S.C. chapter 33 in
lieu of benefits under one of the
applicable chapters listed in paragraph
(c)(1)(i) of this section (e.g., ‘‘I elect to
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receive benefits under the Post-9/11–GI
Bill in lieu of benefits under the
Montgomery GI Bill—Active Duty
(chapter 30) program.’’);
(iii) The date the individual wants the
election to be effective (e.g., ‘‘I want this
election to take effect on August 1,
2009.’’). An election request for an
effective date prior to August 1, 2009,
will automatically be effective August 1,
2009; and
(iv) An acknowledgement that the
election is irrevocable (e.g., ‘‘I
understand that my election is
irrevocable and may not be changed.’’);
or
(d) Is the child of a person who, after
September 10, 2001, died in the line of
duty while serving on active duty as a
member of the Armed Forces. For
purposes of this paragraph (d), the term
‘‘child’’ means an individual who meets
the requirements of § 3.57 of this
chapter, except as to age and marital
status. With regard to age and marital
status, the term includes individuals
who are—
(1) Married; or
(2) Over the age of 23.
(e) Paragraphs (a) through (d) of this
section issued under the authority of 38
U.S.C. 3311; Public Law 110–252, 111–
32, Stat. 1859, 2375–2376.
(The Office of Management and Budget has
approved the information collection
provision in this section under control
numbers 2900–0154 and 2900–0098.)
§ 21.9525
[Amended]
26. Amend § 21.9525 by removing
‘‘under § 21.9640(b)(1)(ii) or (b)(2)(ii)’’
wherever it appears and adding in its
place ‘‘under § 21.9640(b)(1)(ii) or
(b)(2)(ii) or § 21.9641(c)’’.
■ 27. Amend § 21.9530 by:
■ a. In paragraph (a), removing ‘‘through
(e)’’ and adding in its place ‘‘through
(f)’’; b. Removing the parenthetical
authority citation at the end of
paragraphs (c) through (e);
■ c. Adding paragraphs (f) and (g); and
■ d. Adding at the end of the section a
parenthetical with the OMB control
number for the approval of the
information collection.
The additions read as follows:
■
§ 21.9530
Eligibility time limit.
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*
*
*
*
*
(f) Time limit for child eligible under
§ 21.9520(d) (Marine Gunnery Sergeant
John David Fry Scholarship). (1) In the
case of a child who first becomes
entitled to educational assistance under
§ 21.9520(d) before January 1, 2013, the
period during which the child may use
his or her entitlement expires the day
the child turns 33; or
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(2) In the case of a child who first
becomes entitled to educational
assistance under § 21.9520(d) on or after
January 1, 2013, the period during
which the child may use his or her
entitlement never expires.
(g) Authority. (1) Paragraphs (a)
through (c) of this section issued under
the authority of 38 U.S.C. 3311(c), 3321;
(2) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 3319;
(3) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 3319;
and
(4) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3321(b).
(The Office of Management and Budget has
approved the information collection
provision in this section under control
number 2900–0098.)
28. Revise § 21.9550 to read as
follows:
■
§ 21.9550
Entitlement.
(a) Subject to the provisions of
§ 21.4020 and this section, an eligible
individual is entitled to a maximum of
36 months of educational assistance (or
its equivalent in part-time educational
assistance) under 38 U.S.C. chapter 33.
(b)(1) An individual who, as of
August 1, 2009, has used entitlement
under 38 U.S.C. chapter 30, but retains
unused entitlement under that chapter,
makes an irrevocable election to receive
educational assistance under the
provisions of 38 U.S.C. chapter 33
instead of educational assistance under
the provisions of chapter 30, will be
limited to one month (or partial month)
of entitlement under chapter 33 for each
month (or partial month) of unused
entitlement under chapter 30 (including
any months of chapter 30 entitlement
previously transferred to a dependent
that the individual has revoked).
(2) An individual who has not used
any entitlement under 38 U.S.C. chapter
30 or has not revoked any months of
chapter 30 entitlement by transferring to
a dependent and who makes an
irrevocable election to receive
educational assistance under the
provisions of 38 U.S.C. chapter 33
instead of educational assistance under
the provisions of chapter 30 will be
entitled to 36 months of educational
assistance under chapter 33.
(c) Except as provided in
§§ 21.9560(d), 21.9561(g), 21.9570(m),
21.9571(m), 21.9635(o), and 21.9636(o),
no individual is entitled to more than 36
months of full-time educational
assistance under 38 U.S.C. chapter 33.
(Authority: 38 U.S.C. 3034(a), 3312(a),
3323(a), 3695; Pub. L. 110–252, 122 Stat.
2377)
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29. Amend § 21.9560 by revising the
section heading and adding
introductory text to read as follows:
■
§ 21.9560 Entitlement charges—for
provisions effective before August 1, 2011.
For training that occurs before August
1, 2011—
*
*
*
*
*
■ 30. Add § 21.9561 to read as follows:
§ 21.9561 Entitlement charges—for
provisions effective after July 31, 2011.
For training that begins after July 31,
2011—
(a) Training pursued at an IHL. The
entitlement charge for an individual
pursuing training at an IHL will be one
of the following:
(1) During any period for which VA
pays net costs or a Yellow Ribbon
Program payment to the institution of
higher learning on the individual’s
behalf, the individual will be charged a
percentage of a day equal to the
individual’s rate of pursuit for each day
of the certified enrollment period;
(2) During any period for which VA
does not pay net costs or a Yellow
Ribbon Program payment to the
institution of higher learning on the
individual’s behalf but pays a monthly
housing allowance or an increase
(‘‘kicker’’) to the individual, the
individual will be charged a percentage
of a day equal to the individual’s rate of
pursuit for each day of the certified
enrollment period for each day the
individual received a monthly housing
allowance or an increase (‘‘kicker’’); and
(3) During any period for which VA
does not pay net costs or Yellow Ribbon
Program payment to the institution of
higher learning on the individual’s
behalf or a monthly housing allowance
or an increase (‘‘kicker’’) to the
individual but makes a lump sum
payment to the individual for books,
supplies, equipment, and other
educational costs, VA will make an
entitlement charge of 1 day for every
$41.67 paid, with any remaining
amount rounded to the nearest amount
evenly divisible by $41.67.
(b) Training pursued at a non-college
degree institution. The entitlement
charge for an individual pursuing a
certificate or other non-college degree at
a non-college degree institution will be
one of the following:
(1) During any period for which VA
pays tuition and fees to the non-college
degree institution on the individual’s
behalf, the individual will be charged
entitlement equal to the number of
months, and fraction thereof measured
in days, determined by dividing the
total amount paid by the amount equal
to 1/12th of the amount applicable in
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the academic year in which payment is
made under § 21.9641(b)(3)(ii) or (iii).
(2) During any period for which VA
does not pay net costs to the non-college
degree institution on the individual’s
behalf but pays a monthly housing
allowance or an increase (‘‘kicker’’) to
the individual, the individual will be
charged a percentage of a day equal to
the individual’s rate of pursuit for each
day of the certified enrollment period
for each day the individual received a
monthly housing allowance or an
increase (‘‘kicker’’).
(3) During any period for which VA
does not pay net costs to the non-college
degree institution on the individual’s
behalf or a monthly housing allowance
or an increase (‘‘kicker’’) to the
individual but makes a lump sum
payment to the individual for books,
supplies, equipment, and other
educational costs, VA will make an
entitlement charge of 1 day for every
$41.67 paid, with any remaining
amount rounded to the nearest amount
evenly divisible by $41.67.
(c) Apprenticeship or other on-the-job
training. For each month an individual
is paid educational assistance while
pursuing an approved apprenticeship or
other on-the-job training program, VA
will make a charge against entitlement
of—
(1) During the first 6-month period of
the program, 1 month for each month of
training pursued.
(2) During the second 6-month period
of the program, .80 of a month for each
month of training pursued.
(3) During the third 6-month period of
the program, .60 of a month for each
month of training pursued.
(4) During the fourth 6-month period
of the program, .40 of a month for each
month of training pursued.
(5) After the first 24 months of the
program, .20 of a month for each month
of training pursued.
(d) Flight training. An individual
pursuing a non-college degree program
consisting of flight training will be
charged entitlement equal to the number
of months, and fraction thereof
measured in days, determined by
dividing the total amount paid by 1/
12th of the amount applicable in the
academic year in which payment is
made under § 21.9641(b)(5)(ii) or (iii).
(e) Correspondence training. An
individual pursuing a program of
education by correspondence will be
charged entitlement equal to the number
of months, and fraction thereof
measured in days, determined by
dividing the total amount paid by 1/
12th of the amount applicable in the
academic year in which payment is
made under § 21.9641(b)(6)(ii) or (iii).
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(f) Licensing or certification tests and
national tests. When an individual
receives educational assistance for
taking an approved licensing or
certification test, national test for
admission, or national test for credit,
VA will make a charge against
entitlement for each payment made to
him or her. The charge will be
determined by—
(1) Dividing the total amount of the
payment by—
(i) For the academic year beginning
August 1, 2011, $1460; or
(ii) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h)
(but for a licensing or certification test
the amount will not be greater than
$2,000); and
(2)(i) For tests taken prior to August
1, 2018, rounding the result of
paragraph (f)(1) of this section to the
nearest whole month. The charge must
be at least one month.
(ii) For test taken on or after August
1, 2018, multiplying the result of
paragraph (f)(1) of this section by 30,
rounding to the nearest whole day. The
charge must be at least one day.
(g) No entitlement charge. VA will not
make a charge against an individual’s
entitlement—
(1) For tutorial assistance as provided
under § 21.9685; or
(2) For the rural relocation benefit as
provided under § 21.9660; or
(3) For receipt of a work-study
allowance as provided under § 21.4145.
(4) For pursuit of a course or courses
when the individual—
(i) Had to discontinue the course or
courses as a result of being—
(A) Ordered to active duty service
under 10 U.S.C. 688, 12301(a), 12301(d),
12301(g), 12302, or 12304; or
(B) While on active duty service,
ordered to a new duty location or
assignment or to perform an increased
amount of work; and
(ii) Did not receive credit or lost
training time for any portion of the
period of enrollment in the course or
courses for which the eligible individual
was pursuing to complete his or her
approved educational, professional, or
vocational objective as a result of having
to discontinue pursuit.
(h) Interruption to conserve
entitlement. An individual may not
interrupt a certified period of
enrollment for the purpose of
conserving entitlement. An educational
institution may not certify a period of
enrollment for a fractional part of the
normal term, quarter, or semester if the
individual is enrolled for the entire
term, quarter, or semester. VA will make
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a charge against entitlement for the
entire period of certified enrollment, if
the individual is otherwise eligible for
educational assistance, except when
educational assistance is interrupted for
any of the following conditions:
(1) Enrollment is terminated;
(2) The individual cancels his or her
enrollment for the entire certified period
of enrollment; or
(3) The individual requests
interruption or cancellation for any
break when the school was closed
during a certified period of enrollment,
and VA continued payments under an
established policy based upon an
Executive Order of the President or an
emergency situation regardless of
whether or not the individual received
a payment for educational assistance
provided under this chapter for any part
of the certified enrollment period.
(i) Overpayment cases. VA will make
a charge against entitlement for an
overpayment only if the overpayment is
discharged in bankruptcy, is waived and
not recovered, or is compromised.
(1) If the overpayment is discharged
in bankruptcy or is waived and not
recovered, the charge against
entitlement will be the appropriate rate
for the elapsed period covered by the
overpayment (exclusive of interest,
administrative costs of collection, court
costs and marshal fees).
(2) If the overpayment is
compromised and the compromise offer
is less than the amount of interest,
administrative costs of collection, court
costs and marshal fees, the charge
against entitlement will be at the
appropriate rate for the elapsed period
covered by the overpayment (exclusive
of interest, administrative costs of
collection, court costs and marshal fees).
(3) If the overpayment is
compromised and the compromise offer
is equal to or greater than the amount
of interest, administrative costs of
collection, court costs and marshal fees,
the charge against entitlement will be
determined by—
(i) Subtracting from the sum paid in
the compromise offer the amount
attributable to interest, administrative
costs of collection, court costs and
marshal fees;
(ii) Subtracting the remaining amount
of the overpayment balance as
determined in paragraph (i)(3)(i) of this
section from the amount of the original
overpayment (exclusive of interest,
administrative costs of collection,
course costs and marshal fees);
(iii) Dividing the result obtained in
paragraph (i)(3)(ii) of this section from
the amount of the original overpayment
(exclusive of interest, administrative
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costs of collection, court costs and
marshal fees); and
(iv) Multiplying the percentage
obtained in paragraph (i)(3)(iii) of this
section by the amount of entitlement
otherwise chargeable for the period of
the original overpayment.
(j) Authority. (1) Paragraphs (a)
through (f) of this section issued under
the authority of 38 U.S.C. 3315, 3315A;
(2) Paragraph (g)(1) of this section
issued under the authority of 38 U.S.C.
3314;
(3) Paragraph (g)(2) of this section
issued under the authority of 38 U.S.C.
3318;
(4) Paragraph (g)(3) of this section
issued under the authority of 38 U.S.C.
3485;
(5) Paragraph (g)(4) of this section
issued under the authority of 38 U.S.C.
3312(c);
(6) Paragraph (h) of this section issued
under the authority of 38 U.S.C. 3323(c);
and
(7) Paragraph (i) of this section issued
under the authority of 38 U.S.C. 3034(a),
38 U.S.C. 3323(a), 3685.
■ 31. Amend § 21.9570 by:
■ a. Revising the section heading;
■ b. In the introductory text, removing
‘‘An individual’’ and adding in its place
‘‘For training that occurs before August
1, 2011, an individual’’;
■ c. Adding a parenthetical with the
OMB control number for the approval of
the information collection at the end of
the section.
The revision and addition read as
follows:
§ 21.9570 Transfer of entitlement—for
provisions effective before August 1, 2011.
*
*
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0154.)
■
32. Add § 21.9571 to read as follows:
ddrumheller on DSK120RN23PROD with RULES6
§ 21.9571 Transfer of Entitlement—for
provisions effective after July 31, 2011.
For training that occurs after July 31,
2011, an individual entitled to
educational assistance under 38 U.S.C.
chapter 33 based on his or her own
service as a member of the Uniformed
Services, and who is approved by a
service department to transfer
entitlement, may transfer up to a total of
36 months of his or her entitlement to
a dependent (or among dependents). A
transferor may not transfer an amount of
entitlement that is greater than the
entitlement he or she has available at
the time of transfer.
(a) Application of sections in subpart
P to individuals in receipt of transferred
entitlement. In addition to the rules in
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this section, the following sections
apply to a dependent using transferred
entitlement in the same manner as they
apply to the individual from whom
entitlement was transferred.
(1) Definitions. Section 21.9506—
Definitions—for provisions effective
after July 31, 2011.
(2) Claims and applications. Section
21.9510—Claims, VA’s duty to assist,
and time limits.
(3) Eligibility. (i) Section 21.9530—
Eligibility time limit, paragraphs (d) and
(e) of this section only; and
(ii) Section 21.9535—Extended period
of eligibility, except that extensions to
dependents are subject to the
transferor’s right to revoke or modify
transfer at any time and that VA may
only extend a child’s ending date to the
date the child attains age 26.
(4) Entitlement. (i) Section 21.9550—
Entitlement;
(ii) Section 21.9561—Entitlement
charges—for provisions effective after
July 31, 2011.
(5) Counseling. (i) Section 21.9580—
Counseling;
(ii) Section 21.9585—Travel expenses.
(6) Approved programs of education
and courses. (i) Section 21.9591—
Approved programs of education and
courses—for provisions effective after
July 31, 2011;
(ii) Section 21.9601—Overcharges—
for provisions effective after July 31,
2011.
(7) Payments—Educational
assistance. (i) Section 21.9620—
Educational assistance;
(ii) Section 21.9626—Beginning
dates—for provisions effective after July
31, 2011, except for paragraphs (e), (g),
(h), (k), or (l) of this section;
(iii) Section 21.9630—Suspension or
discontinuance of payments;
(iv) Section 21.9636—Discontinuance
dates—for provisions effective after July
31, 2011, except for paragraphs (o) and
(v) of this section;
(v) Section 21.9660—Rural relocation
benefit;
(vi) Section 21.9667—Reimbursement
for licensing or certification tests—for
provisions effective after July 31, 2011;
(vii) Section 21.9668—
Reimbursement for national tests;
(viii) Section 21.9670—Work-study
allowance;
(ix) Section 21.9676—Conditions that
result in reduced rates or no payment—
for provisions effective after July 31,
2011;
(x) Section 21.9681—Certifications
and release of payments—for provisions
effective after July 31, 2011;
(xi) Section 21.9685—Tutorial
assistance;
(xii) Section 21.9691—
Nonduplication of educational
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5339
assistance—for provisions effective after
July 31, 2011;
(xiii) Section 21.9695—
Overpayments, except that the
dependent and transferor are jointly and
severally liable for any amount of
overpayment of educational assistance
to the dependent; and
(xiv) Section 21.9700—Yellow Ribbon
Program.
(8) Pursuit of courses. (i) Section
21.9710—Pursuit;
(ii) Section 21.9715—Advance
payment certification;
(iii) Section 21.9721—Certification of
enrollment—for provisions effective
after July 31, 2011;
(iv) Section 21.9725—Progress and
conduct;
(v) Section 21.9735—Other required
reports;
(vi) Section 21.9740—False, late, or
missing reports; and
(vii) Section 21.9745—Reporting fee.
(9) Course assessment. Section
21.9750—Course measurement.
(10) Administrative. Section
21.9770—Administrative.
(b) Eligible dependents. (1) An
individual transferring entitlement
under this section may transfer
entitlement to:
(i) The individual’s spouse;
(ii) One or more of the individual’s
children; or
(iii) A combination of the individuals
referred to in paragraphs (b)(1)(i) and (ii)
of this section.
(2) A spouse must meet the definition
of spouse in § 3.50(a) of this chapter at
the time of transfer.
(3) A child must meet the definition
of child in § 3.57 of this chapter at the
time of transfer. The transferor must
make the required designation shown in
paragraph(d)(1) of this section before the
child attains the age of 23.
(4) A stepchild, who meets VA’s
definition of child in § 3.57 of this
chapter at the time of transfer and who
is temporarily not living with the
transferor, remains a member of the
transferor’s household if the actions and
intentions of the stepchild and
transferor establish that normal family
ties have been maintained during the
temporary absence.
(c) Timeframe during which an
individual may transfer entitlement. An
individual approved by his or her
department to transfer entitlement may
do so at any time while serving as a
member of the uniformed services,
subject to the transferor’s 15-year period
of eligibility as provided in § 21.9530.
(d) Designating dependents;
designating the amount to transfer; and
period of transfer. (1) An individual
transferring entitlement under this
section must:
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(i) Designate the dependent or
dependents to whom such entitlement
is being transferred;
(ii) Designate the number of months of
entitlement to be transferred to each
dependent; and
(iii) Specify the beginning date and
ending date of the period for which the
transfer is effective for each dependent.
The designated beginning date may not
be earlier than the date the individual
requests approval from his or her
service department.
(2) VA will accept the transferor’s
designations as shown on any document
signed by the transferor that shows the
information required in paragraphs
(d)(1)(i) through (iii) of this section.
(e) Maximum months of entitlement
transferable. (1) The maximum amount
of entitlement a transferor may transfer
is the lesser of:
(i) Thirty-six months of his or her
entitlement; or
(ii) The maximum amount authorized
by the Secretary of the department
concerned; or
(iii) The amount of entitlement he or
she has available at the time of transfer.
(2) The transferor may transfer up to
the maximum amount of transferable
entitlement:
(i) To one dependent; or
(ii) Divided among his or her
designated dependents in any manner
he or she chooses.
(f) Revocation of transferred
entitlement. (1) A transferor may revoke
any unused portion of transferred
entitlement (transferred entitlement is
‘‘used’’ in the amount of the entire
enrollment period on the first day of the
enrollment period; therefore, a
transferor cannot revoke the entitlement
used for an enrollment period after the
enrollment period has begun) at any
time by submitting a written notice to
both the Secretary of Veterans Affairs
and the Secretary of the department
concerned that initially approved the
transfer of entitlement. VA will accept
a copy of the written notice addressed
to the Secretary of the department
concerned as sufficient written
notification to VA.
(2) The revocation will be effective
the later of—
(i) The date VA receives the notice of
revocation; or
(ii) The date the department
concerned receives the notice of
revocation.
(g) Modifying a transfer of
entitlement. (1) A transferor may modify
the designations he or she made under
paragraph (d) of this section at any time,
except that a modification of a
beginning date under paragraph
(d)(1)(iii) of this section must be
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effective on or after the date the
modification is submitted. Any
modification made will apply only with
respect to unused transferred
entitlement (transferred entitlement is
‘‘used’’ in the amount of the entire
enrollment period on the first day of the
enrollment period; therefore, a
transferor cannot revoke the entitlement
used for an enrollment period after the
enrollment period has begun). The
transferor must submit a written notice
to both the Secretary of Veterans Affairs
and the Secretary of the department
concerned that initially approved the
transfer of entitlement. VA will accept
a copy of the written notice addressed
to the department as sufficient written
notification to VA.
(2) The modification will be effective
the later of—
(i) The date VA receives the notice of
modification; or
(ii) The date the department
concerned receives the notice of
modification.
(h) Prohibition on treatment of
transferred entitlement as marital
property. Entitlement transferred under
this section may not be treated as
marital property, or the asset of a
marital estate, subject to division in a
divorce or other civil proceeding.
(i) Entitlement charge to transferor.
VA will reduce the transferor’s
entitlement at the rate of 1 month of
entitlement for each month of
transferred entitlement used by a
dependent or dependents.
(j) Secondary school diploma (or
equivalency certificate). Children who
have reached age 18 and spouses may
use transferred entitlement to pursue
and complete the requirements of a
secondary school diploma (or
equivalency certificate).
(k) Rate of payment of educational
assistance. VA will apply the rules in
§ 21.9641 (and §§ 21.9650 and 21.9655
when applicable) to determine the
educational assistance rate that would
apply to the transferor. VA will pay the
dependent and/or the dependent’s
institution of higher learning (or school,
educational institution, or institution as
defined in § 21.4200(a) if the dependent
is using transferred entitlement to
pursue and complete the requirements
of a secondary school diploma or
equivalency certificate) the amounts of
educational assistance payable under 38
U.S.C. chapter 33 in the same manner
and at the same rate as if the transferor
were enrolled in the dependent’s
program of education, except that VA
will—
(1) Disregard the fact that either the
transferor or the dependent child is (or
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both are) on active duty, and pay the
veteran rate to a dependent child;
(2) Pay the veteran rate to a surviving
spouse; and
(3) Proportionally adjust the payment
amounts, other than the book stipend, a
dependent would otherwise receive
under § 21.9641 if the dependent’s
months of entitlement will exhaust
during the certified enrollment period,
by—
(i) Determining the amount of
payment for the net cost of tuition and
fees the dependent would otherwise be
eligible to receive for the entire
enrollment period, then dividing this
amount by the number of days in the
dependent’s quarter, semester, or term,
as applicable, to determine the
dependent’s daily rate, then
determining the actual amount of
payment for the net cost of tuition and
fees to be paid by multiplying the
dependent’s daily rate by his or her
remaining months and days of
entitlement to educational assistance as
provided under § 21.9571; and
(ii) Discontinuing the dependent’s
monthly housing allowance effective as
of the date the dependent’s months and
days of entitlement exhausts.
(l) Transferor fails to complete
required service contract that afforded
participation in the transferability
program. (1) Dependents are not eligible
for transferred entitlement if the
transferor fails to complete the amount
of service he or she agreed to serve in
the uniformed services in order to
participate in the transferability
program, unless—
(i) The transferor did not complete the
service due to:
(A) His or her death;
(B) A medical condition that
preexisted such service on active duty
and that the Secretary of the department
concerned determines is not serviceconnected;
(C) A hardship, as determined by the
Secretary of the department concerned;
or
(D) A physical or mental condition
that was not characterized as a disability
and did not result from the individual’s
own willful misconduct but interfered
with the individual’s performance of
duty, as determined by the Secretary of
the department concerned; or
(ii) The transferor is considered to
have completed his or her service
agreement as a result of being
discharged for—
(A) A disability; or
(B) A reduction in force.
(2) VA will treat all payments of
educational assistance to dependents as
overpayments if the transferor does not
complete the required service unless the
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transferor does not complete the
required service due to one of the
reasons stated in paragraph (l)(1)(i) of
this section or the transferor was not
discharged for one of the reasons stated
in paragraph (l)(1)(ii) of this section.
(m) Dependent is eligible for
educational assistance under this
section and is eligible for educational
assistance under 38 U.S.C. chapter 33
based on his or her own service.
Dependents who are eligible for
payment of educational assistance
through transferred entitlement and are
eligible for payment under 38 U.S.C.
chapter 33 based on their own active
service are not subject to the 48-month
limit on training provided for in
§ 21.4020 when combining transferred
entitlement with their own entitlement
earned under 38 U.S.C. chapter 33. If
the dependent is awarded educational
assistance under another program listed
in § 21.4020 (other than 38 U.S.C.
chapter 33), the 48-month limit on
training will apply.
(n) Authority. (1) Paragraph (a)(1)
through (a)(7)(xiii) of this section issued
under the authority of 38 U.S.C. 3319;
(2) Paragraph (a)(7)(xiv) of this section
issued under the authority of 38 U.S.C.
3317;
(3) Paragraph (a)(8) through (10) of
this section issued under the authority
of 38 U.S.C. 3319;
(4) Paragraphs (b) through (k) of this
section issued under the authority of 38
U.S.C. 3319;
(5) Paragraph (l) of this section issued
under the authority of 38 U.S.C. 3034(a),
3311(c)(4), 3319); and
(6) Paragraph (m) of this section
issued under the authority of 38 U.S.C.
3034(a), 3319, 3322, 3323(a), 3695).
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0154.)
33. Amend § 21.9590 by revising the
section heading and adding
introductory text to read as follows:
■
§ 21.9590 Approved programs of
education and courses—for provisions
effective before August 1, 2011.
ddrumheller on DSK120RN23PROD with RULES6
For training that occurs prior to
August 1, 2011—
*
*
*
*
*
■ 34. Add § 21.9591 to read as follows:
§ 21.9591 Approved programs of
education and courses—for provisions
effective after July 31, 2011.
For training that begins on or after
August 1, 2011—
(a) Basis for education assistance
payments. Payments of educational
assistance are based on pursuit of a
program of education. In order to
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receive educational assistance under 38
U.S.C. chapter 33, an eligible individual
must—
(1) Be pursuing an approved program
of education;
(2) Be pursuing refresher, remedial, or
deficiency courses as these courses are
defined in § 21.7020(b);
(3) Be pursuing other preparatory or
special education or training courses
necessary to enable the individual to
pursue an approved program of
education;
(4) Have taken an approved licensing
or certification test, national test for
admission, or national test for credit for
which he or she is requesting
reimbursement; or
(5) Be an individual who has taken a
course for which the individual
received tuition assistance provided
under a program administered by the
Secretary of a military department
under 10 U.S.C. 2007(a) or (c), for which
the individual is requesting educational
assistance for the amount of tuition and
fees not covered by military tuition
assistance.
(b) Approval of the selected program
of education. Subject to paragraph (a) of
this section, VA will approve a program
of education under 38 U.S.C. chapter 33
selected by the individual if:
(1) The program meets the definition
of a program of education in § 21.9506;
(2) Except for a program consisting of a
licensing or certification test, a national
test for admission, or a national test for
credit, the program has an educational,
vocational, or professional objective as
described in § 21.7020(b)(13) or (22);
(3) The courses, subjects, licensing or
certification tests, national tests for
admission, or national tests for credit in
the program are approved for VA
training; and
(4) Except for a program consisting of
a licensing or certification test designed
to help the individual maintain
employment in a vocation or profession,
or for a program consisting of a national
test for admission or a national test for
credit, the individual is not already
qualified for the objective of the
program.
(c) Change of program. In determining
whether an individual may change his
or her selected program of education,
VA will apply the provisions of
§ 21.4234.
(d) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3313, 3315, 3315A, 3323(a),
3689; and
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3471, 3689.
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5341
35. Amend § 21.9600 by revising the
section heading and adding
introductory text to read as follows:
■
§ 21.9600 Overcharges—for provisions
effective before August 1, 2011.
The provisions of this section apply to
enrollment periods that begin before
August 1, 2011.
*
*
*
*
*
■ 36. Add § 21.9601 to read as follows:
§ 21.9601 Overcharges—for provisions
effective after July 31, 2011.
The provisions of this section apply to
enrollment periods that begin after July
31, 2011.
(a) Overcharges by educational
institutions may result in the
disapproval of enrollments. VA may
disapprove an educational institution
for further enrollments if the
educational institution charges an
individual, or receives from an
individual or from VA on behalf of an
individual, an amount for tuition and
fees that exceeds the tuition and fees
that the educational institution requires
from similarly circumstanced
individuals enrolled in the same course.
(b) Overcharges by organizations or
entities offering licensing or certification
tests, national test for admission, or
national tests for credit may result in
disapproval of tests. VA may disapprove
an organization or entity offering a
licensing or certification test, national
test for admission, or national test for
credit, when the organization or entity
offering the test charges an individual,
or receives from an individual, an
amount for fees that exceeds the fees
that the organization or entity requires
from similarly circumstanced
individuals taking the same test.
(c) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3690(a); and
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3689(d), 3690(a).
■ 37. Revise § 21.9620 to read as
follows:
§ 21.9620
Educational assistance.
VA will pay educational assistance for
an eligible individual’s pursuit of an
approved program of education. The
eligible individual and/or the
individual’s educational institution will
receive payment amounts in accordance
with the formulas listed in §§ 21.9640
and 21.9641.
(Authority: 38 U.S.C. 3313, 3314, 3315, 3316,
3317)
38. Amend § 21.9625 by:
a. Revising the section heading;
b. In the introductory text, removing
‘‘VA will determine’’ and adding in its
■
■
■
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place ‘‘For a claim submitted during the
period beginning August 1, 2009, and
ending July 31, 2011, VA will
determine’’; and.
■ c. Adding paragraph (m).
The revision and addition read as
follows:
§ 21.9625 Beginning dates—for provisions
effective before August 1, 2011.
*
*
*
*
*
(m) Fugitive felons. An award of
educational assistance to an otherwise
eligible veteran, person, or dependent of
a veteran will begin effective the date
the individual ceases to be a fugitive
felon, as shown by evidence, which may
include evidence that a warrant for an
offense involving flight is resolved 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.
(5) This paragraph (m) issued under
the authorityof 38 U.S.C. 3323(c),
5313B.
■ 39. Add § 21.9626 to read as follows:
ddrumheller on DSK120RN23PROD with RULES6
§ 21.9626 Beginning dates—for provisions
effective after July 31, 2011.
For a claim submitted after July 31,
2011, VA will determine the beginning
date of an award or increased award of
educational assistance under this
section. In no case will the beginning
date be earlier than August 1, 2009, or
for training pursued at non-degree
institutions before October 1, 2011.
When more than one paragraph in this
section applies, VA will award
educational assistance using the latest of
the applicable beginning dates.
(a) Entrance or reentrance including
change of program or educational
institution. When an eligible individual
enters or reenters into training
(including a reentrance following a
change of program or educational
institution), the beginning date of his or
her award of educational assistance will
be determined as follows:
(1) For other than a licensing or
certification test, a national test for
admission, or a national test for credit.
(i) If the award is an award for the first
period of enrollment for which the
eligible individual began pursuing his
or her program of education, the
beginning date will be the latest of—
(A) The date the educational
institution certifies under paragraph (b)
or (c) of this section;
(B) One year before the date of claim
as determined by § 21.1029(b);
(C) The effective date of the approval
of the program of education;
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(D) One year before the date VA
receives approval notice for the program
of education.
(ii) If the award is an award for a
second or subsequent period of
enrollment for which the eligible
individual is pursuing a program of
education, the effective date of the
award will be the latest of—
(A) The date the educational
institution certifies under paragraph (b)
or (c) of this section;
(B) The effective date of the approval
of the program of education; or
(C) One year before the date VA
receives the approval notice for the
program of education.
(2) For a licensing or certification test.
VA will award educational assistance
for the cost of a licensing or certification
test only when the eligible individual
takes such test on or after August 1,
2009—
(i) While the test is approved under
38 U.S.C. chapter 36;
(ii) While the individual is eligible for
educational assistance under this
subpart; and
(iii) When the claim for
reimbursement for the cost of the test is
submitted within 1 year of the date the
test is taken.
(3) For a national test for admission
or a national test for credit. VA will
award educational assistance for the
cost of a national test for admission or
a national test for credit only when the
eligible individual takes such test after
July 31, 2011—
(i) While the test is approved under
38 U.S.C. chapter 36;
(ii) While the individual is eligible for
educational assistance under this
chapter; and
(iii) When claim for reimbursement
for the cost of the test is submitted
within 1 year of the date the test is
taken.
(b) Certification for program of
education offered at an IHL. (1) When
the individual enrolls in a course
offered by independent study or
distance learning, the beginning date of
the award or increased award of
educational assistance will be the date
the eligible individual begins pursuit of
the course according to the regularly
established practices of the educational
institution.
(2) When the individual enrolls in a
resident course, the beginning date of
the award or increased award of
educational assistance will be the first
scheduled date of classes for the term,
quarter, or semester in which the
eligible individual is enrolled, except as
provided in paragraphs (b)(3) through
(5) of this section.
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(3) When the individual enrolls in a
resident course whose first scheduled
class begins on or after the eighth
calendar day when, according to the
school’s academic calendar, classes are
scheduled to begin for the term, quarter,
or semester, the beginning date of the
award or increased award of educational
assistance allowance will be the actual
date of the first class scheduled for that
particular course.
(4) When the individual enrolls in a
resident course, the beginning date of
the award will be the date of reporting
provided that—
(i) The published standards of the
school require the eligible individual to
register before reporting; and
(ii) The published standards of the
school require the eligible individual to
report no more than 14 days before the
first scheduled date of classes for the
term, quarter, or semester for which the
eligible individual has registered.
(5) When the eligible individual
enrolls in a resident course and the first
day of classes is more than 14 days after
the date of registration, the beginning
date of the award or increased award of
educational assistance will be the first
day of classes.
(c) Certification for program of
education offered by a non-college
degree educational institution. (1)
Except as provided in paragraphs (c)(2)
and (3) of this section, when an eligible
individual enrolls at a non-college
degree educational institution, the
beginning date of the award of
educational assistance will be the later
of—
(i) The date determined in paragraph
(b) of this section; or
(ii) October 1, 2011.
(2) When an eligible individual
enrolls at a non-degree educational
institution for a program of education
that is offered by correspondence, the
beginning date of the award of
educational assistance will be the later
of—
(i) The date the first lesson was sent;
(ii) The date of affirmance (as defined
in § 21.7020(b)(36)); or
(iii) October 1, 2011.
(3) When an individual enrolls in a
program of apprenticeship or other onthe-job training, the beginning date of
the award of educational assistance will
be the later of—
(i) The first date of employment in the
training position; or
(ii) October 1, 2011.
(d) Liberalizing laws and VA issues.
When a liberalizing law or VA issue
affects the beginning date of an eligible
individual’s award of educational
assistance, the beginning date will be
adjusted in accordance with the facts
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found, but not earlier than the effective
date of the act or administrative issue.
(e) Correction of military records. As
determined in § 21.9530, the eligibility
of a veteran may arise because the
nature of the veteran’s discharge or
release is changed by appropriate
military authority. In these cases, the
beginning date of the veteran’s
educational assistance will be in
accordance with facts found, but not
earlier than the date the nature of the
discharge or release was changed.
(f) Individuals in a penal institution.
If an eligible individual is not receiving
or is receiving a reduced rate of
educational assistance under § 21.9675
(based on incarceration in a Federal,
State, local, or other penal institution or
correctional facility due to a felony
conviction), the rate will be increased or
assistance will begin effective the earlier
of the following:
(1) The date the tuition and fees are
no longer being paid under a Federal
(other than one administered by VA),
State, or local program; or
(2) The date the individual is released
from the penal institution or
correctional facility.
(g) Increase (‘‘kicker’’) based on
critical skills or specialty. If an eligible
individual is entitled to an increase
(‘‘kicker’’) in the monthly rate of
educational assistance under 38 U.S.C.
3316, the effective date of that increase
(‘‘kicker’’) will be the later of—
(1) The beginning date of an eligible
individual’s award as determined by
paragraphs (a) through (f) of this section;
or
(2) The first date on which the eligible
individual is entitled to the increase
(‘‘kicker’’) as determined by the
Secretary of the military department
concerned.
(h) Increase in percentage of
maximum amount payable based on
length of active duty service
requirements. If an eligible individual is
entitled to an increase in the percentage
of the maximum amount of educational
assistance payable as a result of meeting
additional length of active duty service
requirements, the effective date of that
increase will be the later of—
(1) The beginning date of the eligible
individual’s award as determined by
paragraphs (a) through (f) of this section;
or
(2) The first day of the term, quarter,
or semester following the term, quarter,
or semester in which the eligible
individual becomes entitled to an
increase in the percentage of the
maximum amount payable.
(i) Spouse eligible for transferred
entitlement. If a spouse is eligible for
transferred entitlement under § 21.9571,
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the beginning date of the award of
educational assistance will be no earlier
than the latest of the following dates—
(1) The date the Secretary of the
military department concerned
approves the transferor to transfer
entitlement;
(2) The date the transferor completes
6 years of service in the Armed Forces;
(3) The date the transferor specified in
his or her designation of transfer; or
(4) The date the spouse first meets the
definition of spouse in § 3.50(a) of this
chapter.
(j) Child eligible for transferred
entitlement. If a child is eligible for
transferred entitlement under § 21.9571,
the beginning date of the award of
educational assistance will be no earlier
than the latest of the following dates—
(1) The date the Secretary of the
service department concerned approves
the transferor to transfer entitlement;
(2) The date the transferor completes
10 years of service in the Armed Forces;
(3) The date the transferor specified in
his or her designation of transfer;
(4) The date the child first meets the
definition of child in § 3.57 of this
chapter; or
(5) Either—
(i) The date the child completes the
requirements of a secondary school
diploma (or equivalency certificate); or
(ii) The date the child attains age 18.
(k) Change in active duty status. If an
individual is released or discharged
from active duty during a certified
period of enrollment, VA will begin
paying the monthly housing allowance:
(1) If released or discharged before
August 1, 2018, beginning the 1st day of
the month following the date the
individual was discharged; or
(2) If released or discharged on or
after August 1, 2018, beginning the day
following the date the individual was
discharged.
(l) Election to receive benefits under
38 U.S.C. chapter 33. (1) If an individual
makes an election to receive benefits
under 38 U.S.C. chapter 33 in lieu of
benefits under 10 U.S.C. chapter 106a,
1606, or 1607, or 38 U.S.C. chapter 30
in accordance with § 21.9520(c), VA
will begin paying benefits under 38
U.S.C. chapter 33 effective the later of
the following—
(i) August 1, 2009;
(ii) The date the individual became
eligible for educational assistance under
38 U.S.C. chapter 33;
(iii) One year before the date the valid
election request was received; or
(iv) The effective date of the election
as requested by the claimant.
(2) If an individual is in receipt of
benefits under 38 U.S.C. chapter 31
during a term, quarter, or semester, and
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5343
requests to begin receiving benefits
under 38 U.S.C. chapter 33 during that
term, quarter, or semester, VA will begin
paying—
(i) The monthly housing allowance
under 38 U.S.C. chapter 33 effective the
1st of the month following the date of
the request.
(ii) Net cost of tuition and fees, and
the books and supplies stipend, the first
day of the following term, quarter, or
semester.
(m) Fugitive felons. An award of
educational assistance to an otherwise
eligible veteran, person, or dependent of
a veteran will begin effective the date
the individual ceases to be a fugitive
felon, as shown by evidence, which may
include evidence that a warrant for an
offense involving flight is resolved 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.
(n) National Guard members’
retroactive beginning dates for claims
submitted through September 30, 2012.
For any claim received up until
September 30, 2012, for retroactive
benefits based on service in the National
Guard, the beginning date of the award
will be the later of either:
(1) the date the National Guard
member satisfied the eligibility
requirements in § 21.9520 of this title; or
(2) August 1, 2009.
(o) Child eligible for the Marine
Gunnery Sergeant John David Fry
Scholarship. If a child is eligible for
entitlement under § 21.9520(d), the
beginning date of the award of
educational assistance will be no earlier
than the earlier of the following dates—
(1) The date the child completes the
requirements of a secondary school
diploma (or equivalency certificate); or
(2) The date the child attains age 18.
(p) Authority. (1) The introductory
text of this section issued under the
authority of 38 U.S.C. 3313, 3316,
3323(a), 5110, 5111, 5113;
(2) Paragraphs (a) through (a)(1)(ii)(C)
of this section issued under the
authority of 38 U.S.C. 3034(a), 3313,
3316, 3323(a), 3672, 5103;
(3) Paragraphs (a)(2) and (a)(3) of this
section issued under the authority of 38
U.S.C. 3034(a), 3315A, 3323(a), 3452(b);
(4) Paragraphs (b) and (c) of this
section issued under the authority of 38
U.S.C. 3313, 3316, 3323);
(5) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 3323(c),
5113);
(6) Paragraph (e) of this section issued
under the authority of 38 U.S.C.3323(c);
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(7) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3482(g);
(8) Paragraph (g) of this section issued
under the authority of 10 U.S.C.
16131(i); 38 U.S.C. 3015(d), 3316(a);
(9) Paragraph (h) of this section issued
under the authority of 38 U.S.C. 3311,
3313;
(10) Paragraphs (i) and (j) of this
section issued under the authority of 38
U.S.C. 3319;
(11) Paragraph (m) of this section
issued under the authority of 38 U.S.C.
3323(c), 5313B; and
(12) Paragraph (o) of this section
issued under the authority of Pub. L.
111–32, 123 Stat. 1859.
(The Office of Management and Budget has
approved the information collection
provision in paragraph (a) of this section
under control number 2900–0706 and the
information collection provisions in
paragraphs (b) and (c) of this section under
control numbers 2900–0154, 2900–0178,
2900–0162, 2900–0353, and 2900–0576.)
40. Amend § 21.9635 by:
a. Revising the section heading;
b. In the introductory text, removing
‘‘The effective date’’ and adding in its
place ‘‘During the period beginning
August 1, 2009, and ending July 31,
2011, the effective date’’;
■ c. Revising paragraph (c) and
removing the parenthetical authority
citation at the end of the paragraph;
■ d. Revising paragraph (d) and
removing the parenthetical authority
citation at the end of the paragraph;
■ e. Revising paragraph (w) and
removing the parenthetical authority
citation at the end of the paragraph;
■ f. Removing the parenthetical
authority citation at the end of
paragraph (bb);
■ g. Redesignating paragraph (bb) as
paragraph (cc);
■ h. Adding new paragraph (bb); and
■ g. Revising newly-redesignated
paragraph (cc).
The revisions and addition read as
follows:
■
■
■
§ 21.9635 Discontinuance dates—for
provisions effective before August 1, 2011.
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*
*
*
*
*
(c) Withdrawal or unsatisfactory
completion of all courses. If the eligible
individual, for reasons other than being
called or ordered to active duty service,
withdraws from all courses or receives
all nonpunitive grades after the first day
of the term, VA will terminate
educational assistance as follows—
(1) If the eligible individual
withdraws from all courses after the
school’s drop/add period, and there are
no mitigating circumstances, VA will
terminate educational assistance
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effective the first day of the term from
which the eligible individual withdrew.
(2) If the eligible individual
withdraws from all courses with
mitigating circumstances; withdraws
during the school’s drop/add period or
within the first 30 days of the
enrollment period, whichever is earlier;
or withdraws from all courses for which
a punitive grade is or will be assigned,
VA will terminate educational
assistance for—
(i) Residence training: effective the
last date of attendance; and
(ii) Independent study or distance
learning: effective on the official date of
change in status under the practices of
the educational institution.
(3) When an eligible individual
withdraws from an approved
correspondence course offered by an
educational institution, VA will
terminate educational assistance
effective the date the last lesson was
serviced.
(4) This paragraph (c) issued under
the authority of 38 U.S.C. 3323, 3680(a).
(d) Reduction in the rate of pursuit of
a program of education. If the eligible
individual reduces the rate of pursuit by
withdrawing from one or more courses
in a program of education but continues
training in one or more courses, VA will
apply the provisions of this paragraph
(d).
(1) If the reduction in the rate of
pursuit occurs other than on the first
date of the term, VA will reduce the
eligible individual’s educational
assistance effective the end of the month
during which the reduction occurred
when—
(i) The withdrawal from one or more
courses occurs during the school’s drop/
add period or within the first 30 days of
the enrollment period, whichever is
earlier; or
(ii) A nonpunitive grade is assigned
for the course from which the eligible
individual withdraws and the
withdrawal occurs with mitigating
circumstances; or
(iii) A punitive grade is assigned for
the course from which the eligible
individual withdraws.
(2) VA will reduce educational
assistance effective the first date of the
enrollment in which the reduction
occurs when—
(i) The reduction occurs on the first
date of the term; or
(ii) A nonpunitive grade is assigned
for the course from which the eligible
individual withdraws, and—
(A) The eligible individual does not
withdraw because he or she is called to
active duty service, or in the case of an
individual serving on active duty, he or
she is not ordered to a new duty
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location or assignment, or is not ordered
to perform an increased amount of
work, and
(B) The withdrawal occurs without
mitigating circumstances.
(3) This paragraph (d) issued under
the authority of 38 U.S.C. 3034(a),
3323(a), 3680(a).
*
*
*
*
*
(w) Receipt of educational assistance
allowance under another educational
assistance program. (1) An individual in
receipt of educational assistance under
chapter 33 who is also eligible for
educational assistance under 10 U.S.C.
chapter 106a, 1606, or 1607; 38 U.S.C.
chapter 30, 31, 32, or 35; the Hostage
Relief Act of 1980; or, effective August
1, 2011, 10 U.S.C. 510, may choose to
receive educational assistance under
another program.
(2) This paragraph (w) issued under
the authority of 38 U.S.C. 3322(a).
*
*
*
*
*
(bb) Fugitive felons. (1) VA will not
award educational assistance to an
otherwise eligible Veteran or dependent
of an otherwise eligible Veteran for any
period during which the Veteran is a
fugitive felon. The date of
discontinuance of an award of
educational assistance to a Veteran who
is a fugitive felon or dependent of a
Veteran who is a fugitive felon is the
date of the warrant establishing that the
individual is a fugitive felon or the date
otherwise shown by evidence to be the
date the individual became a fugitive
felon.
(2) This paragraph (bb) issued under
the authority of 38 U.S.C. 3323(c),
5313B.
(cc) Other reasons for discontinuance.
(1) If an eligible individual’s
educational assistance must be
discontinued for any reason other than
those stated in paragraphs (a) through
(bb) of this section, VA will determine
the ending date of educational
assistance based on the facts found.
(2) This paragraph (cc) issued under
the authority of 38 U.S.C. 3323(c),
5112(a), 5113.
■ 41. Add § 21.9636 to read as follows:
§ 21.9636 Discontinuance dates—for
provisions effective after July 31, 2011.
The effective date of a reduction or
discontinuance of educational
assistance that occurs after July 31,
2011, will be as stated in this section.
If more than one type of reduction or
discontinuance is involved, VA will
reduce or discontinue educational
assistance using the earliest of the
applicable dates.
(a) Death of eligible individual. (1) If
the eligible individual receives a lump
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sum payment for the books and supplies
stipend under § 21.9641(d) and dies
before the end of the period covered by
the lump sum payment, the
discontinuance date of educational
assistance for the purpose of that lump
sum payment will be the last date of the
period covered by the lump sum
payment.
(2) If the educational institution
receives a lump sum payment for tuition
and fees under § 21.9641(b) on behalf of
an eligible individual and the
individual dies before the end of the
period covered by the lump sum
payment, the discontinuance date for
the purpose of that lump sum payment
will be the last date of the period
covered by the lump sum payment. The
educational institution will be required
to return to VA any portion of the
tuition and fees paid by VA that would
normally be refunded to a similarly
circumstanced individual according to
the regularly established practices of the
educational institution.
(3) If the eligible individual receives
an advance payment of the monthly
housing allowance pursuant to
§ 21.9681(b)(2) and dies before the
period covered by the advance payment
ends, the discontinuance date of
educational assistance shall be the last
date of the period covered by the
advance payment.
(4) For all other payments, e.g.,
monthly housing allowance under
§ 21.9641(c), if the eligible individual
dies while pursuing a program of
education, the discontinuance date of
educational assistance will be the date
of death.
(b) First instance of withdrawal of
course. In the first instance of a
withdrawal from a course or courses for
which the eligible individual received
educational assistance, VA will consider
mitigating circumstances to exist with
respect to the withdrawal of a course or
courses totaling no more than six
semester hours or the equivalent. In
determining whether a withdrawal is
the first instance of withdrawal, VA will
not consider a course or courses
dropped during an educational
institution’s drop-add period in
accordance with § 21.4200(l). If
mitigating circumstances are considered
to exist in accordance with this
paragraph (b), VA will terminate or
reduce educational assistance
effective—
(1) For withdrawals occurring before
March 17, 2025 the end of the month
during which the withdrawal occurred;
(2) For withdrawals occurring on or
after March 17, 2025, the last date of
attendance.
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(c) Withdrawal or unsatisfactory
completion of all courses. If the eligible
individual, for reasons other than being
called or ordered to active duty service,
withdraws from all courses or receives
all nonpunitive grades after the first day
of the term, VA will terminate
educational assistance as follows—
(1) If the eligible individual
withdraws from all courses after the
school’s drop/add period, and there are
no mitigating circumstances, VA will
terminate educational assistance
effective the first day of the term from
which the eligible individual withdrew.
(2) If the eligible individual
withdraws from all courses with
mitigating circumstances; withdraws
during the school’s drop/add period or
within the first 30 days of the
enrollment period, whichever is earlier;
or withdraws from all courses for which
a punitive grade is or will be assigned,
VA will terminate educational
assistance for—
(i) Residence training: effective the
last date of attendance; and
(ii) Independent study or distance
learning: effective on the official date of
change in status under the practices of
the educational institution.
(3) When an eligible individual
withdraws from an approved
correspondence course offered by an
educational institution, VA will
terminate educational assistance
effective the date the last lesson was
serviced.
(d) Reduction in the rate of pursuit of
a program of education. If the eligible
individual reduces the rate of pursuit by
withdrawing from one or more courses
in a program of education but continues
training in one or more courses, VA will
apply the provisions of this paragraph
(d).
(1) If the reduction in the rate of
pursuit occurs other than on the first
date of the term, VA will reduce the
eligible individual’s educational
assistance effective either the end of the
month during which the reduction
occurred (in the case of reductions
occurring before March 17, 2025), or the
last date of attendance (in the case of for
reductions occurring on or after March
17, 2025), when—
(i) The withdrawal from one or more
courses occurs during the school’s drop/
add period or within the first 30 days of
the enrollment period, whichever is
earlier; or
(ii) A nonpunitive grade is assigned
for the course from which the eligible
individual withdraws and the
withdrawal occurs with mitigating
circumstances; or
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5345
(iii) A punitive grade is assigned for
the course from which the eligible
individual withdraws.
(2) VA will reduce educational
assistance effective the first date of the
enrollment in which the reduction
occurs when—
(i) The reduction occurs on the first
date of the term; or
(ii) A nonpunitive grade is assigned
for the course from which the eligible
individual withdraws, and—
(A) The eligible individual does not
withdraw because he or she is called to
active duty service, or in the case of an
individual serving on active duty, he or
she is not ordered to a new duty
location or assignment, or is not ordered
to perform an increased amount of
work, and
(B) The withdrawal occurs without
mitigating circumstances.
(e) End of course or period of
enrollment. If an eligible individual’s
course or period of enrollment ends, the
effective date of reduction or
discontinuance of the individual’s
award of educational assistance will be
the ending date of the course or period
of enrollment as certified by the
educational institution.
(f) Nonpunitive grade. (1) If an eligible
individual does not officially withdraw
from a particular course and the
individual receives a nonpunitive grade
for that course, VA will reduce the
individual’s educational assistance
effective the first date of enrollment for
the term in which the grade applies
unless mitigating circumstances are
found.
(2) If an eligible individual does not
officially withdraw from a particular
course and the individual receives a
nonpunitive grade for that course, VA
will reduce the individual’s educational
assistance effective the end of the month
during which the student last attended
when mitigating circumstances are
found.
(3) If an eligible individual receives
an incomplete grade for a course or
courses, VA will delay creating an
overpayment for such course or courses
to allow the individual an opportunity
to complete the course or courses.
However, if the incomplete grade is not
replaced with a punitive grade, VA will
reduce the individual’s educational
assistance in accordance with paragraph
(f)(1) or (2) of this section effective the
earliest of—
(i) The last date permitted by the
educational institution to complete the
course;
(ii) The date the educational
institution permanently assigns a
nonpunitive grade; or(iii) One year from
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the date the incomplete grade was
assigned.
(g) Discontinued by VA. If VA
discontinues payment to an eligible
individual following procedures stated
in § 21.4210(d) and (g), the
discontinuance date of payment of
educational assistance will be—
(1) The date the Director of the VA
Regional Processing Office of
jurisdiction first suspended payments
provided in § 21.4210, if the
discontinuance was preceded by
suspension; or
(2) The end of the month during
which VA made the decision to
discontinue payments under § 21.9630
or § 21.4210(d) and (g), if the Director of
the VA Regional Processing Office of
jurisdiction did not suspend payments
before the discontinuance.
(h) Disapproved by State approving
agency. If a State approving agency
disapproves a program of education in
which an eligible individual is enrolled,
the discontinuance date of payment of
educational assistance will be—
(1) For a program of education at an
IHL or a non-college degree institution,
the end of the course or period of
enrollment, as certified by the
educational institution, in which the
disapproval is effective; or
(2) For an apprenticeship or other onthe-job training program, the end of the
program or the end of the academic
year, whichever is earlier, in which the
disapproval is effective or in which VA
receives notice of the disapproval,
whichever is later, provided the Director
of the VA Regional Processing Office of
jurisdiction did not suspend payments
before the disapproval.
(i) Disapproval by VA. If VA
disapproves a program of education in
which an eligible individual is enrolled,
the discontinuance date of payment of
educational assistance will be—
(1) For a program of education at an
IHL or a non-college degree institution,
the end of the course or period of
enrollment, as certified by the
educational institution, in which the
disapproval is effective; or
(2) For an apprenticeship or other onthe-job training program, the end of the
program or the end of the academic year
in which the disapproval occurred,
whichever is earlier, provided that the
Director of the VA Regional Processing
Office of jurisdiction did not suspend
payments before the disapproval.
(j) Unsatisfactory progress. If an
eligible individual’s progress is
unsatisfactory, his or her educational
assistance will be discontinued effective
the earlier of the following:
(1) The end of the month during
which the educational institution
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discontinues the eligible individual’s
enrollment; or
(2) The end of the month during
which the eligible individual’s progress
becomes unsatisfactory according to the
educational institution‘s regularly
established standards of progress,
conduct, or attendance.
(k) False or misleading statements.
Payments may not be based on false or
misleading statements, claims, or
reports. If educational assistance is paid
as the result of an individual submitting
false or misleading statements, claims,
or reports, VA will apply the provisions
of §§ 21.4006 and 21.4007 in the same
manner as they apply to veterans under
38 U.S.C. chapter 30.
(l) Conflicting interests (not waived). If
a conflict of interest exists between an
officer or employee of VA and an
educational institution, or an officer or
employee of a State approving agency
and an educational institution, as
provided in § 21.4005, and VA does not
grant a waiver, the discontinuance date
of educational assistance will be 30 days
after the date of the letter notifying the
eligible individual of the conflicting
interests.
(m) Incarceration in prison or other
penal institution due to conviction of a
felony. (1) The provisions of this
paragraph (m)(1) apply to an eligible
individual whose educational assistance
must be discontinued or who becomes
restricted to payment of educational
assistance at a reduced rate under
§ 21.9676(c) (based on incarceration in a
Federal, State, local, or other penal
institution or correctional facility due to
a felony conviction).
(2) The discontinuance of any
monthly payments will be the end of the
month during which the eligible
individual is incarcerated in a Federal,
State, local, or other penal institution or
correctional facility or the end date of
the enrollment period as certified by the
educational institution, whichever is
earlier.
(n) Change in active duty status. (1)
The discontinuance date for an eligible
individual who reduces or terminates
training as a result of being called or
ordered to serve on active duty under
section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10 of
the U.S. Code, or in the case of an
individual serving on active duty, being
ordered to a new duty location or
assignment or to perform an increased
amount of work is—
(i) For tuition and fees, the last date
of the certified enrollment period;
(ii) For monthly housing allowance,
see paragraph (n)(2) of this section; and
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(iii) For the ‘‘book stipend,’’ the last
date of the period covered by the book
stipend payment.
(2) If an individual enters active duty
during a certified period of enrollment,
regardless of whether there is a
reduction or termination of training, the
discontinuance date for the monthly
housing allowance will be—
(A) For entry occurring before August
1, 2018, the end of the month during
which the individual entered active;
and
(B) For entry occurring on or after
August 1, 2018, the date of entry onto
active duty.
(o) Exhaustion of entitlement. (1) If an
individual enrolled in an educational
institution that regularly operates on the
quarter or semester basis exhausts his or
her entitlement under 38 U.S.C. chapter
33, the discontinuance date will be the
last day of the quarter or semester in
which the entitlement is exhausted.
(2) The ending date for an individual
enrolled in a course that is not
scheduled on a quarter or semester
basis, who exhausts his or her
entitlement under 38 U.S.C. chapter 33
after he or she has completed more than
half of the course, will be the earlier of
the following—
(i) The last day of the course; or
(ii) 12 weeks from the day the
entitlement is exhausted.
(3) If an individual enrolled in a
course that is not scheduled on a quarter
or semester basis exhausts his or her
entitlement under 38 U.S.C. chapter 33
before the individual has completed
more than half of the course, the
effective ending date will be the date the
entitlement was exhausted.
(p) End of period of eligibility. If an
eligible individual is enrolled in an
educational institution on the date of
expiration of his or her period of
eligibility as determined under
§ 21.9530, the effective ending date will
be the day preceding the end of the
period of eligibility.
(q) Required verifications not received
after certification of enrollment. (1) If
VA does not receive the required
verification of attendance in a timely
manner for an eligible individual
enrolled in a course or courses at an
educational institution in a program of
education not leading to a standard
college degree, VA will terminate
payments effective the last date of the
last period for which verification of the
eligible individual’s attendance was
received. If VA later receives the
verification, VA will make any
adjustment on the basis of the facts
found.
(2) If VA does not receive verification
of enrollment within 60 days of the first
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day of the term, quarter, semester, or
course for which the advance payment
was made, VA will determine the actual
facts and make an adjustment, if
required. If the eligible individual failed
to enroll, VA will terminate the award
of educational assistance effective the
beginning date of the enrollment period.
(r) Administrative or payee error. (1)
When an administrative error or error in
judgment by VA, the Department of
Defense, or the Department of
Homeland Security with respect to the
Coast Guard when it is not operating as
a service in the Navy, is the sole cause
of an erroneous award, the award will
be reduced or terminated effective the
date of last payment.
(2) When a payee receives an
erroneous award of educational
assistance as the result of providing
false information or withholding
information necessary to determine
eligibility to the award, the effective
date of the reduction or discontinuance
will be the effective date of the award,
or the day before the act, whichever is
later. The date of the reduction or
discontinuance will not be before the
last date on which the individual was
entitled to payment of educational
assistance.
(s) Forfeiture for fraud. If an eligible
individual must forfeit his or her
educational assistance due to fraud, the
ending date of payment of educational
assistance will be the later of—
(1) The effective date of the award; or
(2) The day before the date of the
fraudulent act.
(t) Forfeiture for treasonable acts or
subversive activities. If an eligible
individual must forfeit his or her
educational assistance due to
treasonable acts or subversive activities,
the ending date of payment of
educational assistance will be the later
of—
(1) The effective date of the award; or
(2) The day before the date the
individual committed the treasonable
act or subversive activities for which the
individual was convicted.
(u) Change in law or VA issue or
interpretation. If there is a change in the
applicable law or VA issue, or in VA’s
application of the law or issue, VA will
use the provisions of § 3.114(b) of this
chapter to determine the ending date of
the eligible individual’s educational
assistance.
(v) Reduction following the loss of
increase (‘‘kicker’’) for Selected Reserve
service. If an eligible individual is
entitled to an increase (‘‘kicker’’) in the
monthly rate of educational assistance
due to service in the Selected Reserve
and loses that entitlement, the effective
date for the reduction in the monthly
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rate payable is the date that the
Secretary of the military department
concerned determines that the eligible
individual is no longer eligible to the
increase (‘‘kicker’’).
(w) Receipt of educational assistance
allowance under another educational
assistance program. An individual in
receipt of educational assistance under
chapter 33 who is also eligible for
educational assistance under 10 U.S.C.
chapter 106a, 1606, or 1607; 10 U.S.C.
510; 38 U.S.C. chapter 30, 31, 32, or 35;
or the Hostage Relief Act of 1980 may
choose to receive educational assistance
under another program.
(1) VA will terminate educational
assistance under 38 U.S.C. chapter 33
effective the first day of the enrollment
period during which the individual
requested to receive educational
assistance under 10 U.S.C. chapter 106a,
1606, or 1607; 10 U.S.C. 510; 38 U.S.C.
chapter 30, 32, or 35; or the Hostage
Relief Act of 1980.
(2) For individuals in receipt of
benefits under this chapter during a
term, quarter, or semester who are
requesting to receive benefits under 38
U.S.C. chapter 31, VA will terminate
educational assistance under this
chapter effective the first day of the
subsequent enrollment period.
(3) An eligible individual may only
request a change in receipt of benefits
from 38 U.S.C chapter 33 to 38 U.S.C.
chapter 31 once per term, quarter, or
semester.
(x) Independent study course loses
accreditation. If the eligible individual
is enrolled in a course offered in whole
or in part by independent study, and the
course loses its accreditation (or the
institution of higher learning offering
the course loses its accreditation), the
date of reduction or discontinuance will
be the end of the course or period of
enrollment, as certified by the
educational institution in which the
withdrawal of accreditation occurred.
(y) Dependent exhausts transferred
entitlement. The ending date of an
award of educational assistance to a
dependent who exhausts the
entitlement transferred to him or her is
the date he or she exhausts the
entitlement.
(z) Transferor revokes transfer of
entitlement. If the transferor revokes a
transfer of unused entitlement, the date
of discontinuance for the dependent’s
entitlement is the effective date of the
revocation of transfer as determined
under § 21.9571.
(aa) Transferor fails to complete
additional active duty service
requirement. VA will discontinue each
award of educational assistance given to
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5347
a dependent, effective the first date of
each such award when—
(1) The transferor fails to complete the
additional active duty service
requirement that afforded him or her the
opportunity to transfer entitlement of
educational assistance; and
(2) The military department
discharges the transferor for a reason
other than one of the reasons stated in
§ 21.9571(l).
(bb) Fugitive felons. VA will not
award educational assistance to an
otherwise eligible Veteran or dependent
of an otherwise eligible Veteran for any
period during which the Veteran is a
fugitive felon. The date of
discontinuance of an award of
educational assistance to a Veteran who
is a fugitive felon or dependent of a
Veteran who is a fugitive felon is the
date of the warrant establishing that the
individual is a fugitive felon or the date
otherwise shown by evidence to be the
date the individual became a fugitive
felon.
(cc) Other reasons for discontinuance.
If an eligible individual’s educational
assistance must be discontinued for any
reason other than those stated in
paragraphs (a) through (bb) of this
section, VA will determine the ending
date of educational assistance based on
the facts found.
(dd) Authority. (1) Paragraph (a) of
this section issued under the authority
of 38 U.S.C. 3034(a), 3323(a), 3680(d),
3680(e);
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3680(a)(1);
(3) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3323,
3680(a);
(4) Paragraphs (d) and (e) of this
section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680(a);
(5) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3680;
(6) Paragraph (g) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3690;
(7) Paragraph (h) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3672(a), 3690;
(8) Paragraph (i) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3671(b), 3672(b)(1), 3690;
(9) Paragraph (j) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3474;
(10) Paragraph (k) of this section
issued under the authority of 38 U.S.C
3034(a), 3323(a), 3690;
(11) Paragraph (l) of this section
issued under the authority of 38
U.S.C.3034(a), 3323(a), 3683;
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(12) Paragraph (m) of this section
issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3482(g);
(13) Paragraph (n) of this section
issued under the authority of 38 U.S.C.
3313(j);
(14) Paragraph (o) of this section
issued under the authority of 38 U.S.C.
3031(f), 3312, 3321;
(15) Paragraph (p) of this section
issued under the authority of 38 U.S.C.
3321;
(16) Paragraph (q) of this section
issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3680;
(17) Paragraph (r) of this section
issued under the authority of 38 U.S.C.
3323(c), 5112(b), 5113;
(18) Paragraph (s) of this section
issued under the authority of 38 U.S.C.
3323(c), 5112, 6103;
(19) Paragraph (t) of this section
issued under the authority of 38 U.S.C.
3323(c), 6104, 6105;
(20) Paragraph (u) of this section
issued under the authority of 38 U.S.C.
3323(c), 5112, 5113;
(21) Paragraph (v) of this section
issued under the authority of 10 U.S.C.
16131; 38 U.S.C. 3316(a);
(22) Paragraph (w) of this section
issued under the authority of 38 U.S.C.
3322(a);
(23) Paragraph (x) of this section
issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3676, 3680A(a);
(24) Paragraphs (y) through (aa) of this
section issued under the authority of 38
U.S.C. 3319;
(25) Paragraph (bb) of this section
issued under the authority of 38 U.S.C.
3323(c), 5313B; and
(26) Paragraph (cc) of this section
issued under the authority of 38 U.S.C.
3323(c), 5112(a), 5113.
(The Office of Management and Budget has
approved the information collection
provision in § 21.9636, paragraph (w) under
control number 2900–0154.)
42. Amend § 21.9640 by:
a. Revising the section heading and
introductory text;
■ b. Revising paragraph (a) and
removing the parenthetical authority
citation at the end of the paragraph;
■
■
c. Revising paragraph (d) and
removing the parenthetical authority
citation at the end of the paragraph.
■ d. Removing the parenthetical citation
at the end of paragraph (e); and
■ e. Adding paragraph (f).
The revision and addtion read as
follows:
■
§ 21.9640 Rates of payment of educational
assistance—for provisions effective before
August 1, 2011.
For training that occurs before August
1, 2011, unless otherwise noted, VA will
determine the amount of educational
assistance payable under 38 U.S.C.
chapter 33 as provided in this section.
(a) Percentage of maximum amounts
payable. (1) Except as provided in
paragraphs (a)(2) and (d) of this section,
VA will apply the applicable percentage
of the maximum amounts payable under
this section for pursuit of an approved
program of education, in accordance
with table 1 to paragraph (a).
TABLE 1 TO PARAGRAPH (a)
Percentage
of maximum
amounts
payable
Aggregate length of creditable active duty service after
09/10/01
Number of days
At least 36 months 1 ...................................................................
If aggregate service (including entry training) is 1095 days or
more days.
.....................................................................................................
At least 30 continuous days .......................................................
(Must be discharged due to service-connected disability) .........
At least 30 months, but less than 36 months 1 ..........................
At least 24 months, but less than 30 months 1 3 ........................
At least 18 months, but less than 24 months 2 3 ........................
At least 12 months, but less than 18 months 2 ..........................
At least 6 months, but less than 12 months 2 ............................
At least 90 days, but less than 6 months 2 ................................
If aggregate service
1094 days.
If aggregate service
909 days.
If aggregate service
729 days.
If aggregate service
544 days.
If aggregate service
364 days.
If aggregate service
179 days.
100
100
(including entry training) is from 910 to
90
(including entry training) is from 730 to
3 80
(excluding entry training) is from 545 to
3 70
(excluding entry training) is from 365 to
60
(excluding entry training) is from 180 to
50
(excluding entry training) is from 90 to
40
1
Includes entry level and skill training.
Excludes entry level and skill training.
3 The 70/80% rule: If the aggregate service including training is at least 24 months but less than 30 months (730–909 days) BUT the aggregate service excluding training is at least 18 but less than 24 months (545 to 729 days), the individual will be deemed eligible at the 70% benefit
level. This limitation is explicitly mandated by 38 U.S.C. 3311(e).
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2
(2) Amounts payable for individuals
eligible for the Marine Gunnery Sergeant
John David Fry Scholarship. VA will
apply 100 percent of the maximum
amounts payable for pursuit of an
approved program of education by an
individual who is eligible for
educational assistance under
§ 21.9520(d).
*
*
*
*
*
(d) Amounts payable for individuals
on active duty—(1) Amounts payable for
programs of education beginning on or
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after August 1, 2009, and on or before
March 4, 2011. Individuals on active
duty who are pursuing a program of
education during a quarter, semester, or
term that starts during the period
beginning August 1, 2009, and ending
March 4, 2011, may receive a lump sum
amount for established charges paid
directly to the institution of higher
learning for the entire term, quarter, or
semester, as applicable. The amount
payable will be the lowest of—
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(i) The established charges that
similarly circumstanced nonveterans
enrolled in the individual’s program of
education would be required to pay;
(ii) That portion of the established
charges not covered by military tuition
assistance under 10 U.S.C. 2007(a) or (b)
for which the individual has stated to
VA that he or she wishes to receive
payment;
(iii) The lesser amount of paragraph
(d)(i) or (ii) of this section, divided by
the number of days in the individual’s
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quarter, semester, or term, as applicable,
to determine the individual’s daily rate
which will then be multiplied by the
individual’s remaining months and days
of entitlement to educational assistance
in accordance with §§ 21.4020 and
21.9635(o);
(2) Amounts payable for a program of
education, on more than half-time basis,
leading to a degree and beginning after
March 4, 2011, but before August 1,
2011. (i) VA may, on behalf of an
individual on active duty who is
pursuing a program of education leading
to a degree on more than half-time basis
at a public IHL, issue a lump sum
payment for the term, quarter, or
semester directly to the IHL equal to the
applicable percentage (as listed in
paragraph (a) of this section) of the net
cost for in-State tuition and fees.
(ii) VA may, on behalf of an
individual on active duty who is
pursuing a program of education leading
to a degree on more than half-time basis
at a non-public or foreign IHL, issue a
lump sum payment for the term,
quarter, or semester directly to the IHL
equal to the lesser of the applicable
percentage (as listed in paragraph (a) of
this section) of the net cost for tuition
and fees assessed by the institution or—
(A) For the academic year beginning
August 1, 2011, $17,500; or
(B) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h).
(3) Amounts payable for a program of
education, on a half-time basis or less,
leading to a degree and beginning after
March 4, 2011, but before August 1,
2011. Amounts payable for the
individual will be calculated in
accordance with paragraph (d)(1) of this
section.
(4) Amounts payable for a program of
education not leading to a degree and
beginning after March 4, 2011, but
before August 1, 2011. Amounts payable
for the individual will be calculated in
accordance with paragraph (d)(1) of this
section.
5349
(f) Authority. (1) Paragraph (a)(1) of
this section issued under the authority
of 38 U.S.C. 3311, 3313;
(2) Paragraph (d)(2) of this section
issued under the authority of 38 U.S.C.
501(a), 3313(e); and
(3) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 3313,
3323(c).
■ 43. Add § 21.9641 to read as follows:
§ 21.9641 Rates of payment of educational
assistance—for provisions effective after
July 31, 2011.
For training that begins after July 31,
2011, unless otherwise noted, VA will
determine the amount of educational
assistance payable under 38 U.S.C.
chapter 33 as provided in this section.
(a) Percentage of maximum amounts
payable. (1) Except as provided in
paragraph (a)(2) of this section, VA will
apply the applicable percentage of the
maximum amounts payable under this
section for pursuit of an approved
program of education, in accordance
with table 1 to paragraph (a).
TABLE 1 TO PARAGRAPH (A)
Percentage
of maximum
amounts
payable
Aggregate length of creditable active duty service after
09/10/01
Number of days
At least 36 months 1 ...................................................................
If aggregate service (including entry training) is 1095 days or
more days.
.....................................................................................................
At least 30 continuous days .......................................................
(Must be discharged due to service-connected disability) .........
At least 30 months, but less than 36 months 1 ..........................
At least 24 months, but less than 30 months 1 3 ........................
At least 18 months, but less than 24 months 2 3 ........................
At least 12 months, but less than 18 months 2 ..........................
At least 6 months, but less than 12 months 2 ............................
At least 90 days, but less than 6 months 2 ................................
If aggregate service
1094 days.
If aggregate service
909 days.
If aggregate service
729 days.
If aggregate service
544 days.
If aggregate service
364 days.
If aggregate service
179 days.
100
100
(including entry training) is from 910 to
90
(including entry training) is from 730 to
3 80
(excluding entry training) is from 545 to
3 70
(excluding entry training) is from 365 to
60
(excluding entry training) is from 180 to
50
(excluding entry training) is from 90 to
40
1 Includes
entry level and skill training.
entry level and skill training.
70/80% rule: If the aggregate service including training is at least 24 months but less than 30 months (730–909 days) BUT the aggregate
service excluding training is at least 18 but less than 24 months (545 to 729 days), the individual will be deemed eligible at the 70% benefit level.
This limitation is explicitly mandated by 38 U.S.C. 3311(e).
2 Excludes
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3 The
(2) Amounts payable for individuals
eligible for the Marine Gunnery Sergeant
John David Fry Scholarship. VA will
apply 100 percent of the maximum
amounts payable for pursuit of an
approved program of education by an
individual who is eligible for
educational assistance under
§ 21.9520(d).
(b) Tuition and fees payable. (1)
Program of education leading to a
degree at public IHLs. After July 31,
2011, VA may, on behalf of an
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individual, who may be either on active
duty or not on active duty and pursuing
a program of education leading to a
degree at a public IHL, issue a lump
sum payment for the term, quarter, or
semester directly to the IHL equal to the
applicable percentage (as listed in
paragraph (a) of this section) of the net
cost for in-State tuition and fees.
(2) Program of education leading to a
degree at non-public IHLs or foreign
IHLs. (i) After July 31, 2011, VA may, on
behalf of an individual, who may be
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either on active duty or not on active
duty and pursuing a program of
education leading to a degree at a nonpublic or foreign IHL, issue a lump sum
payment for the term, quarter, or
semester directly to the IHL equal to the
applicable percentage (as listed in
paragraph (a) of this section) of the
lesser of—
(A) The actual net cost for tuition and
fees assessed by the institution; or
(B) For the academic year beginning
August 1, 2011, $17,500; or
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(C) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h).
(3) Program of education in pursuit of
a certificate or other non-college degree
at institutions other than IHLs. On or
after October 1, 2011, VA may, on behalf
of an individual pursuing a program of
education in pursuit of a certificate or
other non-college degree at an
institution other than an IHL, issue a
lump sum payment for the term,
quarter, or semester, directly to the
educational institution equal to the
applicable percentage (as listed in
paragraph (a) of this section) of the
lesser of—
(i) The actual net cost for in-State
tuition and fees assessed by the
institution; or
(ii) For the academic year beginning
August 1, 2011, $17,500; or
(iii) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h).
(4) Full-time program of
apprenticeship or other on-the-job
training at institutions other than IHLs.
No tuition and fee amount is payable for
this type of training.
(5) Program of education for flight
training (regardless of the institution
providing such program of education).
After September 30, 2011, upon receipt
of certification for training completed by
the individual and serviced by the
educational institution, on behalf of an
individual pursuing a program of
education consisting of flight training,
VA may issue a lump sum payment
directly to the educational institution
equal to the applicable percentage (as
listed in paragraph (a) of this section) of
the lesser of—
(i) The actual net cost for in-State
tuition and fees; or
(ii) For the academic year beginning
August 1, 2011, $10,000; or
(iii) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h).
(6) Program of education pursued
exclusively by correspondence at an IHL
or institution other than an IHL. After
September 30, 2011, on behalf of an
individual pursuing program of
education by correspondence at an IHL
or institution other than an IHL, VA
may issue a quarterly payment on a pro
rata basis for the lessons completed by
the individual and serviced by the
educational institution during such
quarter, directly to the educational
institution equal to the applicable
percentage (as listed in paragraph (a) of
this section) of the lesser of—
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(i) The net cost for tuition and fees; or
(ii) For the academic year beginning
August 1, 2011, $8,500; or
(iii) For the academic year beginning
on any subsequent August 1, the
amount for the previous academic year,
as increased under 38 U.S.C. 3015(h).
(7) No reduction in tuition and fee
annual cap. VA will not make a
reduction in the tuition and fee
maximum amount payable during the
academic year equal to the amount of
tuition and fees charged for a course or
courses from which the individual
withdrew when the individual—
(i) Had to discontinue the course or
courses as a result of being ordered to—
(A) Active duty service under 10
U.S.C. 688, 12301(a), 12301(d),
12301(g), 12302, or 12304; or
(B) A new duty location or assignment
or to perform an increased amount of
work; and
(ii) Did not receive credit or lost
training time for any portion of the
period of enrollment in the course or
courses for which the eligible individual
was pursuing to complete his or her
approved educational, professional, or
vocational objective as a result of having
to discontinue pursuit.
(c) Monthly housing allowance
payable. An individual who is pursuing
a program of education leading to a
degree at a domestic or foreign IHL, a
program of education at a non-college
degree institution, or an on-the-job or
apprenticeship training can receive a
monthly stipend (referred to as the
‘‘monthly housing allowance’’), subject
to the applicable percentage (as listed in
paragraph (a) of this section), as
follows—
(1) Residence training at domestic
IHLs on more than half-time basis. An
individual, other than one on active
duty, who is pursuing a program of
education with at least one in-residence
course and who has a rate of pursuit of
greater than 50 percent at an IHL located
in a State, may receive a monthly
housing allowance for each month (or
prorated amount for a partial month) of
training during each term, quarter, or
semester, equal to—
(i) During the period beginning
August 1, 2011, and ending July 31,
2012, the monthly amount of the basic
allowance for housing payable under 37
U.S.C. 403 for a member with
dependents in pay grade E–5 using the
ZIP code area in which all, or a
majority, of the IHL in which the
individual is enrolled is located
multiplied by the lesser of—
(A) 1.0; or
(B) The individual’s rate of pursuit,
rounded to the nearest tenth.
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(ii) On or after August 1, 2012, the
monthly amount of the basic allowance
for housing payable under 37 U.S.C. 403
for a member with dependents in pay
grade E–5 using the ZIP code or location
code, whichever is applicable, in which
all, or a majority, of the institution in
which the individual is enrolled is
located multiplied by the lesser of—
(A) 1.0; or
(B) The individual’s rate of pursuit,
rounded to the nearest tenth.
(2) Residence training at foreign IHLs
on more than half-time basis. On or
after August 1, 2011, an individual,
other than one on active duty, who is
pursuing a program of education leading
to a degree at a foreign IHL with at least
one in-residence course and who has a
rate of pursuit of greater than 50
percent, may receive a monthly housing
allowance for each month (or prorated
amount for a partial month) of training
during each term, quarter, or semester,
equal to the national average of the
monthly amount of the basic allowance
for housing payable under 37 U.S.C. 403
for a member with dependents in pay
grade E–5, multiplied by the lesser of—
(i) 1.0; or
(ii) The individual’s rate of pursuit,
rounded to the nearest tenth.
(3) Residence training at non-college
degree institutions on more than halftime basis. After October 1, 2011, an
individual, other than one on active
duty, who is pursuing a program of
education at a non-college degree
institution (other than those listed in
paragraph (c)(6) of this section) with at
least one in-residence course and who
has a rate of pursuit of greater than 50
percent, can receive a monthly housing
allowance for each month (or a prorated
amount for a partial month) of training
pursued. The amount will be calculated
in accordance with paragraph (c)(1) of
this section.
(4) Training pursued solely via
distance learning on more than halftime basis. After September 30, 2011, an
individual, other than one on active
duty, who is pursuing a program of
education solely via distance learning at
a rate of pursuit of greater than 50
percent, can receive a monthly housing
allowance for each month (or prorated
amount for a partial month) of training
during each term, quarter, or semester,
equal to 50 percent of the amount
payable under paragraph (c)(2) of this
section.
(5) On-the-job and apprenticeship
training on full-time basis. After
September 30, 2011, an individual,
other than one on active duty, pursuing
a full-time program of apprenticeship or
other on-the-job training may receive a
monthly housing allowance—
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(i) During the first 6-month period of
the program, the monthly amount of the
basic allowance for housing payable
under 37 U.S.C. 403 for a member with
dependents in pay grade E–5 residing in
the military housing area that
encompasses all or a majority portion of
the ZIP code area in which the employer
is located.
(ii) During the second 6-month period
of the program, 80 percent of the
amount payable in paragraph (c)(5)(i) of
this section.
(iii) During the third 6-month period
of the program, 60 percent of the
amount payable in paragraph (c)(5)(i) of
this section.
(iv) During the fourth 6-month period
of the program, 40 percent of the
amount payable in paragraph (c)(5)(i) of
this section.
(v) During any month after the first 24
months of training, 20 percent of the
amount payable in paragraph (c)(5)(i) of
this section.
(vi) In any month in which an
individual pursuing training fails to
complete 120 hours of training, the
amount of the monthly housing stipend
payable will be the amount determined
by multiplying the applicable amount as
determined by paragraphs (c)(5)(i)
through (v) of this section by the figure
determined as follows—
(A) The number of hours worked
during the month, rounded to the
nearest 8 hours; then
(B) Dividing the result by 120.
(C) Rounding the quotient to the
nearest hundred.
(6) Program of education for
vocational flight training at institutions
other than IHLs; Program of education
pursued exclusively by correspondence;
Program of education pursued on a halftime basis or less; Program of education
pursued while on active duty. No
monthly housing allowance is payable
for these types of training.
(7) Rate payable during the academic
year. The monthly housing allowance
payable during each academic year
beginning on August 1 of a calendar
year under paragraphs (c)(1) through (5)
of this section will be determined using
the basic allowance for housing rates
payable under 37 U.S.C. 403 in effect as
of January 1 of each such calendar year.
(8) Rate protection. The monthly
housing allowance payable under
paragraphs (c)(1) through (5) of this
section will not decrease as long as the
individual—
(i) Has not had a break in training that
exceeds 6 months. An individual called
to active duty (during an enrollment
period or 6-month grace period) will not
see a decrease as long as the individual
resumes training at the educational
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institution within 6 months from the
release from active duty; and
(ii) Previously received the monthly
housing allowance based on the same
type of training (residence, distance,
foreign) at the same educational
institution. A change in facility
(transferring to a different school or a
different branch of the same school)
constitutes a change in educational
institution.
(9) Concurrent eligibility for more
than one monthly housing stipend rate.
In the event that an individual is
concurrently eligible for more than one
monthly housing stipend rate, the
housing stipend will be paid at the
highest rate for which the individual
qualifies.
(d) Books, supplies, and equipment
stipend payable. An individual who is
pursuing a program of education at an
IHL, non-college degree institution, or
an individual pursuing on-the-job or
apprenticeship training can receive an
amount for books, supplies, equipment,
and other educational costs (referred to
as the ‘‘book stipend’’), subject to the
applicable percentage (as listed in
paragraph (a) of this section), as
follows—
(1) Book stipend for training pursued
at an IHL. (i) The maximum amount
payable to an individual pursuing
training at an IHL is based on pursuit of
twenty-four credit hours (the minimum
number of credit hours generally
considered to be full-time training at the
undergraduate level for an academic
year). The lump sum payment for each
term, quarter, or semester is equal to
$41.67 ($1,000 divided by 24 credit
hours) multiplied by the number of
credit hours (or the equivalent number
of credit hours if enrollment is reported
in clock hours) taken by the individual
in the quarter, semester, or term, up to
a cumulative total of twenty-four credit
hours for the academic year.
(A) Before October 1, 2011, an eligible
individual, other than one on active
duty, may receive an amount for each
credit hour pursued up to twenty-four
credit hours (or the equivalent credit
hours if enrollment is reported in clock
hours) in a single academic year.
(B) On or after October 1, 2011, an
eligible individual, including an
individual on active duty, may receive
an amount for each credit hour pursued
up to twenty-four credit hours (or the
equivalent credit hours if enrollment is
reported in clock hours) in a single
academic year.
(ii) In no event may the amount paid
during an academic year exceed $1,000.
(2) Book stipend for training pursued
at a non-college-degree institution and
on-the-job or apprenticeship training.
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After September 30, 2011, an individual
pursuing a program of education at a
non-college degree institution (other
than those listed in paragraph (d)(3) of
this section) or full-time on-the-job or
apprenticeship training can receive a
lump sum payment equal to $83 for
each month (or a prorated amount for a
partial month) of training pursued.
(3) Program of education for
vocational flight training at institutions
other than IHLs and program of
education pursued exclusively by
correspondence. No book stipend is
payable for these types of training.
(e) Publication of educational
assistance rates. VA will publish the
maximum amount of tuition and fees
payable each academic year in the
‘‘Notices’’ section of the Federal
Register and on the GI Bill website at
https://www.GIBill.va.gov.
(f)(1) Paragraph (a) of this section
issued under the authority of 38 U.S.C.
3311(f);
(2) Paragraph (b)(1) of this section
issued under the authority of 38 U.S.C.
3313(c)(1)(A)(i);
(3) Paragraph (b)(2) of this section
issued under the authority of 38 U.S.C.
3313(c)(1)(A)(ii);
(4) Paragraph (b)(3) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(A);
(5) Paragraph (b)(4) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(B);
(6) Paragraph (b)(5) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(C);
(7) Paragraph (b)(6) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(D);
(8) Paragraph (b)(7) of this section
issued under the authority of 38 U.S.C.
501(a), 3323(c);
(9) Paragraph (c)(1) of this section
issued under the authority of 38 U.S.C.
3313(c)(1)(B)(i);
(10) Paragraph (c)(2) of this section
issued under the authority of 38 U.S.C.
3313(c)(1)(B)(ii);
(11) Paragraph (c)(3) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(A)(ii);
(12) Paragraph (c)(4) of this section
issued under the authority of 38 U.S.C.
3313(c)(1)(B)(iii);
(13) Paragraph (c)(5) of this section
issued under the authority of 38 U.S.C.
3313(g)(3)(B)(i);
(14) Paragraph (c)(6) of this section
issued under the authority of 38 U.S.C.
3313(e), (f), (g)(3)(C), (g)(3)(D);
(15) Paragraph (c)(7) of this section
issued under the authority of 38 U.S.C.
3313(i);
(16) Paragraphs (c)(8) and (c)(9) of this
section issued under the authority of 38
U.S.C. 501(a), 3323(c);
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(17) Paragraphs (d)(1) and (d)(2) of
this section issued under the authority
of 38 U.S.C. 3313(g)(3)(A), (B);
(18) Paragraph (d)(3) of this section
issued under the authority of 38 U.S.C.
3313(c),(e),(f),(g)); and
(19) Paragraph (e) of this section
issued under the authority of 38 U.S.C.
3313, 3323(c).
(The Office of Management and Budget has
approved the information collection
provisions in paragraphs (a) through (b)(7) of
this section under control numbers 2900–
0154, 2900–0178, 2900–0162, 2900–0353,
and 2900–0576.)
44. Amend § 21.9645 by revising
paragraphs (a)(1)(iii), (b)(1)(ii), and (c) to
read as follows:
■
ddrumheller on DSK120RN23PROD with RULES6
§ 21.9645 Refund of basic contribution to
chapter 30.
(a)(1) * * *
(iii) He or she is a member of the
Armed Forces who is making
contributions as provided in
§ 21.7042(g) towards educational
assistance under 38 U.S.C. chapter 30.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) 36 for individuals making
contributions towards educational
assistance under 38 U.S.C. chapter 30 in
accordance with § 21.7042(g).
*
*
*
*
*
(c) Timing of payment. The amount
payable under this section will only be
issued to the individual who made the
contribution when the individual is in
receipt of the monthly housing
allowance payable under § 21.9640(b) or
§ 21.9641(c) at the time his or her
entitlement exhausts. No payment will
be made if the individual who made the
contributions is not in receipt of a
monthly housing allowance when
entitlement exhausts.
*
*
*
*
*
■ 45. Amend § 21.9650 by:
■ a. Revising paragraph (a)(2) and
removing the parenthetical authority
citation at the end of the paragraph;
■ b. Revising paragraph (b)(2)(ii);
■ c. Revising paragraph (b)(3) and
removing the parenthetical authority
citation at the end of the paragraph;
■ d. Revising paragraph c)(2)(ii);
■ e. Revision paragraph (c)(3) and
removing the parenthetical authority
citation at the end of the paragraph; and
■ f. Adding paragraph (d).
The revisions read as follows:
§ 21.9650 Increase in educational
assistance.
*
*
*
*
*
(a) * * *
(2) The increase (‘‘kicker’’) amount
payable under paragraph (a)(1) of this
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section will only be paid to the
individual as part of the monthly
housing allowance if the individual is
entitled to receive a monthly housing
allowance during the term, quarter, or
semester—
(i) For the period beginning August 1,
2009, and ending July 31, 2011, under
§ 21.9640(b)(1)(ii) or (b)(2)(ii); or
(ii) For the period after July 31, 2011,
under § 21.9641(c).
(b) * * *
(2) * * *
(ii)(A) For training pursued during the
period beginning August 1, 2009, and
ending July 31, 2011, the full-time
training amount under paragraph
(b)(2)(i) of this section multiplied by the
individual’s rate of pursuit.
(B) For training pursued after July 31,
2011, the full-time training amount
under paragraph (b)(2)(i) of this section
multiplied by the lesser of—
(1) 1.0; or
(2) The individual’s rate of pursuit,
rounded to the nearest multiple of 10.
(3) The increase (‘‘kicker’’) amount
payable under paragraph (b) of this
section will be paid to the individual—
(i) As a lump sum for the entire
quarter, semester, or term, as applicable,
based on the monthly amount to which
the individual was entitled at the time
of the election of chapter 33, if training
is pursued during the period beginning
August 1, 2009, and ending July 31,
2011; or
(ii) On a monthly basis, for training
pursued after July 31, 2011.
(c) * * *
(2) * * *
(ii)(A) For training pursued during the
period beginning August 1, 2009, and
ending July 31, 2011, the full-time
training amount under paragraph
(c)(2)(i) of this section multiplied by the
individual’s rate of pursuit.
(B) For training pursued after July 31,
2011, the full-time training amount
under paragraph (c)(2)(i) multiplied by
the lesser of—
(1) 1.0; or
(2) The individual’s rate of pursuit,
rounded to the nearest multiple of 10.
(3) The increase (‘‘kicker’’) amount
payable under paragraph (c) of this
section will be paid to the individual—
(i) As a lump sum for the entire
quarter, semester, or term, as applicable,
based on the monthly amount to which
the individual was entitled at the time
of the election of chapter 33, if training
is pursued during the period beginning
August 1, 2009, and ending July 31,
2011; or
(ii) On a monthly basis, for training
pursued after July 31, 2011.
(d) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3015(d)(1), 3313(c), 3316(a);
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(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C.
3015(d), 3316; Public Law 110–252, 122
Stat. 2378, Public Law 111–377, 124
Stat. 4119; and
(3) Paragraph (c) of this section issued
under the authority of 10 U.S.C.
16131(i); Public Law 110–252, Stat
2378).
§ 21.9655
[Amended]
46. Amend § 21.9655, in paragraph
(a)(2), by removing ‘‘or (b)(2)(ii)’’ and
adding in its place ‘‘, (b)(2)(ii), or
§ 21.9641(c)’’.
■ 47. Amend § 21.9665 by revising the
section heading and introductory text to
read as follows:
■
§ 21.9665 Reimbursement for licensing or
certification tests—for provisions effective
before August 1, 2011.
An eligible individual is entitled to
receive reimbursement for taking one
approved licensing or certification test
during the period beginning August 1,
2009, and ending July 31, 2011. The
amount of educational assistance VA
will pay as reimbursement for an
approved licensing or certification test
is the lesser of the following:
*
*
*
*
*
■ 48. Add § 21.9667 to read as follows:
§ 21.9667 Reimbursement for licensing or
certification tests—for provisions effective
after July 31, 2011.
An individual eligible for benefits
under the Post-9/11 GI Bill is entitled to
receive reimbursement for taking any
number of approved licensing or
certification tests after July 31, 2011.
The amount of reimbursement VA will
pay for an approved licensing or
certification test taken after July 31,
2011, is the least of the following:
(a) The fee that the licensing or
certification organization offering the
test charges for taking the test;
(b) $2,000; or
(c) The amount equal to the number
of whole months of remaining
entitlement available to the individual
at the time of payment for the test
multiplied by the rate for one month of
payment for licensing and tests, as
specified in § 21.9561(f)(1)(ii).
(Authority: 38 U.S.C. 3315)
(The Office of Management and Budget has
approved the information collection
provision in this section under control
number 2900–0695.)
■
49. Add § 21.9668 to read as follows:
§ 21.9668
tests.
Reimbursement for national
An eligible individual is entitled to
receive reimbursement for taking a
national test for admission or a national
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test for credit after July 31, 2011. The
amount of reimbursement VA will pay
for an approved national test for
admission or a national test for credit
taken after July 31, 2011, is the lesser of
the following:
(a) The fee charged for the test, not
including any optional costs not
required for the testing process; or
(b) The amount equal to the number
of whole months of remaining
entitlement available to the individual
at the time of payment for the test
multiplied by the rate for one month of
payment for national tests, as specified
in § 21.9561(f)(1)(ii).
(Authority: 38 U.S.C. 3315A)
50. Amend § 21.9675 by:
a. Revising the section heading and
introductory text;
■ b. Removing the parenthetical
authority citation at the end of
paragraph (a);
■ c. Revising paragraph (c)(2) and
removing the parenthetical citation at
the end of the paragraph;
■ d. Removing the parenthetical citation
at the end of paragraph (d);
■ e. In paragraph (d)(5), removing
‘‘veteran-nonveteran’’ and adding in its
place ‘‘supported students versus
nonsupported students’’; and
■ f. Adding paragraph (e).
The revisions and addition read as
follows:
■
■
ddrumheller on DSK120RN23PROD with RULES6
§ 21.9675 Conditions that result in reduced
rates or no payment—for provisions
effective before August 1, 2011.
During the period beginning August 1,
2009, and ending July 31, 2011, the
payment rates as established in
§§ 21.9640 and 21.9655 will be reduced
in accordance with this section
whenever the circumstances described
in this section arise.
*
*
*
*
*
(c) * * *
(2) The amount of educational
assistance payable for pursuit of an
approved program of education by an
eligible individual, as described in this
paragraph (c), will be—
(i)(A) The amount equal to any
portion of tuition and fees charged for
the course that are not paid by a Federal
(other than one administered by VA),
State, or local program; plus
(B) The amount equal to any charges
to the eligible individual for the cost of
necessary books, supplies, and
equipment not to exceed $1,000 each
academic year.
(ii) The amounts payable under
paragraph (c)(2)(i) of this section will be
prorated based on the individual’s
eligibility percentage as determined in
§ 21.9640(a).
*
*
*
*
*
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(e) Authority. (1) Paragraph (a) of this
section issued under the authority of (a)
38 U.S.C. 3034(a), 3323(a), 3680(a);
(2) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3482(g); and
(3) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 501(a),
3034(a), 3323(a).
■ 51. Add § 21.9676 to read as follows:
§ 21.9676 Conditions that result in reduced
rates or no payment—for provisions
effective after July 31, 2011.
After July 31, 2011, the payment rates
as established in §§ 21.9641 and 21.9655
will be reduced in accordance with this
section whenever the circumstances
described in this section arise.
(a) Withdrawals and nonpunitive
grades. Except as provided in this
paragraph (a), VA will not pay
educational assistance for an eligible
individual’s pursuit of a course from
which the eligible individual withdraws
or receives a nonpunitive grade that is
not used in computing the requirements
for graduation. VA may pay educational
assistance for a course from which the
eligible individual withdraws or
receives a nonpunitive grade if—
(1) The individual withdraws because
he or she is ordered to active-duty
service or, in the case of an individual
serving on active duty, he or she is
ordered to a new duty location or
assignment, or ordered to perform an
increased amount of work; or
(2) There are mitigating
circumstances; and
(i) The eligible individual submits a
description of the mitigating
circumstances in writing to VA within
one year from the date VA notifies the
eligible individual that a description is
needed, or at a later date if the eligible
individual is able to show good cause
why the one-year time limit should be
extended to the date on which he or she
submitted the description of the
mitigating circumstances; and
(ii) The eligible individual submits
evidence supporting the existence of
mitigating circumstances within one
year of the date VA requested the
evidence, or at a later date if the eligible
individual is able to show good cause
why the one-year time limit should be
extended to the date on which he or she
submitted the evidence supporting the
existence of mitigating circumstances.
(b) No monthly housing allowance for
some incarcerated individuals. An
individual who is incarcerated in a
Federal, State, local, or other penal
institution or correctional facility due to
a felony conviction will not receive a
monthly housing allowance.
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(c) Reduced educational assistance
for some incarcerated individuals. (1)
An individual who is incarcerated in a
Federal, State, local, or other penal
institution or correctional facility due to
a felony conviction will receive—
(i) The net costs for tuition and fees
not paid by any other form of financial
assistance, not to exceed the amounts
specified in § 21.9641(b); and
(ii) The amount of necessary books,
supplies, and equipment not paid by
any other form of financial assistance,
not to exceed $1,000 each academic
year.
(2) The amounts payable under
paragraph (c)(1) of this section will be
prorated based on the individual’s
eligibility percentage as determined in
§ 21.9641(a).
(d) No educational assistance for
certain enrollments. VA will not pay
educational assistance for—
(1) An enrollment in an audited
course (see § 21.4252(i));
(2) A new enrollment in a course
during a period when the approval has
been suspended by a State approving
agency or VA;
(3) An enrollment in a course by a
nonmatriculated student except as
provided in § 21.4252(l);
(4) An enrollment in a course certified
to VA by the individual taking the
course;
(5) A new enrollment in a course
which does not meet the supported
students versus nonsupported students
ratio requirement as computed under
§ 21.4201; and
(6) An enrollment in a course offered
under contract for which VA approval is
prohibited by § 21.4252(m).
(e) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680(a);
(2) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3482(g); and
(3) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 501(a),
3034(a), 3323(a).
■ 52. Amend § 21.9680 by revising the
section heading and adding
introductory text to read as follows:
§ 21.9680 Certifications and release of
payments—for provisions effective before
August 1, 2011.
For training pursued during the
period beginning August 1, 2009, and
ending July 31, 2011—
*
*
*
*
*
■ 53. Add § 21.9681 to read as follows:
§ 21.9681 Certifications and release of
payments—for provisions effective after
July 31, 2011.
For training pursued after July 31,
2011—
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(a) Payee. (1) VA will make payment
of the appropriate amount of tuition and
fees, as determined under § 21.9641,
directly to the educational institution as
a lump sum payment for the entire
quarter, semester, or term, as applicable.
(2) VA will make all other payments
to the eligible individual or a duly
appointed fiduciary. VA will make
direct payment to the eligible individual
even if he or she is a minor.
(3) The assignment of educational
assistance is prohibited. In
administering this provision, VA will
apply the provisions of § 21.4146 to 38
U.S.C. chapter 33.
(b) Payments. (1) VA will pay
educational assistance for an eligible
individual’s enrollment in an approved
program (other than one seeking tuition
assistance Top-Up; one seeking
reimbursement for taking an approved
licensing or certification test; one
seeking reimbursement for a national
test for admission or a national test for
credit; or one who qualifies for an
advance payment of the monthly
housing allowance) only after the
educational institution has certified the
individual’s enrollment as provided in
§ 21.9721 and provided its Taxpayer
Identifying Number (TIN) and/or
Automated Clearing House (ACH)
information in accordance with 31
U.S.C 7701(c)(1).
(2) VA will apply the provisions of
this section in making advance
payments of the monthly housing
allowance to eligible individuals.
(i) VA will make payments of the
monthly housing allowance in advance
when:
(A) The eligible individual has
specifically requested such a payment;
(B) The individual is enrolled at a rate
of pursuit greater than half-time;
(C) The educational institution at
which the eligible individual is
accepted or enrolled has agreed to and
can satisfactorily carry out the
provisions of 38 U.S.C. 3680(d)(4)(B),
(d)(4)(C), and (d)(5) pertaining to
receipt, delivery, and return of checks,
and certifications of delivery and
enrollment;
(D) The Director of the VA Regional
Processing Office of jurisdiction has not
acted under paragraph (b)(2)(iv) of this
section to prevent advance payments
being made to the eligible individual’s
educational institution;
(E) There is no evidence in the
eligible individual’s claim file showing
that he or she is not eligible for an
advance payment;
(F) The period for which the eligible
individual has requested a payment is
preceded by a period of nonpayment of
30 days or more.
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(G) The educational institution or the
eligible individual has submitted the
certification required by § 21.9715.
(ii) The amount of the advance
payment to an eligible individual is the
amount payable for the monthly
housing allowance for the month or
fraction thereof in which the term or
course will begin plus the amount of the
monthly housing allowance for the
following month.
(iii) VA will mail advance payments
to the educational institution for
delivery to the eligible individual. The
educational institution will not deliver
the advance payment check more than
30 days in advance of the first date of
the enrollment period for which VA
makes the advance payment.
(iv) The Director of the VA Regional
Processing Office of jurisdiction may
direct that advance payments not be
made to individuals attending an
educational institution if:
(A) The educational institution
demonstrates an inability to comply
with the requirements of paragraph
(b)(2)(iii) of this section;
(B) The educational institution fails to
provide adequately for the safekeeping
of the advance payment checks before
delivery to the eligible individual or
return to VA; or
(C) The Director determines, based on
compelling evidence, that the
educational institution has
demonstrated its inability to discharge
its responsibilities under the advance
payment program.
(3) VA will make a lump sum
payment for the entire quarter, semester,
or term:
(i) To the educational institution, on
behalf of an eligible individual, for the
appropriate amount of tuition and fees;
(ii) To an eligible individual for the
appropriate amount for books, supplies,
equipment, and other educational costs;
and
(iii) To an eligible individual entitled
to the $500 rural relocation benefit.
(4) [Reserved]
(5) VA will pay educational assistance
to an eligible individual as
reimbursement for taking an approved
licensing or certification test only after
the eligible individual has submitted to
VA a copy of his or her official test
results and, if not included in the
results, a copy of another official form
(such as a receipt or registration form)
that together must include:
(i) The name of the test;
(ii) The name and address of the
organization or entity issuing the license
or certificate;
(iii) The date the eligible individual
took the test; and
(iv) The cost of the test.
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(6) VA will pay educational assistance
to an eligible individual as
reimbursement for taking an approved
national test for admission or a national
test for credit only after the eligible
individual has submitted a claim for the
test to VA that includes the following
information:
(i) The name of the test;
(ii) The name of the organization
offering the test;
(iii) The date the eligible individual
took the test;
(iv) The cost of the test; and
(v) Such other information as the
Secretary may require.
(7) VA may authorize payment of the
monthly housing allowance (as
increased under §§ 21.9650(a) and
21.9655(a), if applicable) for a
temporary school closing in accordance
with the provisions of § 21.4138(g) of
this chapter.
(c) Rural relocation benefit. VA will
make the $500 rural relocation benefit
payment after—
(1) The educational institution has
certified the individual’s enrollment as
provided in § 21.9721;
(2) The individual has provided—
(i) Request for benefit. An individual
must submit a request for the rural
relocation benefit in writing;
(ii) Proof of residence. (A) An
individual must provide proof of his or
her place of residence by submitting any
of the following documents bearing his
or her name and current address:
(1) DD Form 214, Certification of
Release or Discharge from Active Duty;
or
(2) The most recent Federal income
tax return; or
(3) The most recent State income tax
return; or
(4) Rental/lease agreement; or
(5) Mortgage document; or
(6) Current real property assessment;
or
(7) Voter registration card.
(B) An individual using entitlement
granted under § 21.9571 who, because
he or she resides with the transferor or,
in the case of a child, a parent, who
cannot provide any of the documents in
paragraph (c)(2)(ii) of this section, may
submit as proof of residence any
document in paragraphs (c)(2)(ii)(A)(2)
through (7) of this section bearing the
name and current address of the
transferor or, in the case of a child, a
parent; and
(C) VA must determine that the
individual resided in a county (or
similar entity utilized by the Bureau of
the Census) with less than seven
persons per square mile based on the
most recent decennial census prior to
relocation.
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(iii) Proof of relocation. An individual
must provide proof that he or she either:
(A) physically relocated at least 500
miles, confirmed by means of a
commonly available internet search
engine for mapping upon entering the
individual’s resident address provided
in paragraph (c)(2)(ii) of this section as
the beginning point and the address of
the educational institution as the ending
point; or
(B) traveled by air to physically attend
an institution of higher learning for
pursuit of such a program of education
because the individual could not travel
to the educational institution by land
due to the absence of road or other
infrastructure. An individual must
provide airline receipts for travel with a
departure and destination airport within
reasonable distance from the home of
residence and the educational
institution.
(d) Apportionments prohibited. VA
will not apportion educational
assistance.
(e) Accrued benefits. Educational
assistance remaining due and unpaid on
the date of the individual’s death is
payable under the provisions of § 3.1000
of this chapter.
(f) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3034(a), 3313(g), 3323(a), 3680,
5301;
(2) Paragraph (b)(1) of this section
issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3680(g), 3689; 31
U.S.C. 7701(c);
(3) Paragraph (b)(2) of this section
issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3689;
(4) Paragraphs (b)(3) through (b)(5) of
this section issued under the authority
of 38 U.S.C. 3034(a), 3323(a), 3689;
(5) Paragraph (b)(6) of this section
issued under the authority of 38 U.S.C.
3315A;
(6) Paragraph (b)(7) of this section
issued under the authority of 38 U.S.C.
3680(a);
(7) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3318;
(8) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3680); and
(9) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 5121.
(The Office of Management and Budget has
approved the information collection
provisions in paragraphs (a) through (b)(1) of
this section under control number 2900–
0073, the information collection provisions
in paragraphs (b)(2) through (5) of this
section under control numbers 2900–0695
and 2900–0706, and the information
collection provisions in paragraph (b)(6)
under control numbers 2900–0695, 2900–
0698, and 2900–0706.)
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54. Amend § 21.9690 by revising the
section heading and adding
introductory text to read as follows:
■
§ 21.9690 Nonduplication of educational
assistance—for provisions effective before
August 1, 2011.
For training pursued during the
period beginning August 1, 2009, and
ending July 31, 2011—
*
*
*
*
*
■ 55. Add § 21.9691 to read as follows:
§ 21.9691 Nonduplication of educational
assistance—for provisions effective after
July 31, 2011.
For training pursued after July 31,
2011—
(a) Nonduplication—Concurrent
benefits. Except for receipt of a
Montgomery GI Bill-Active Duty kicker
provided under 38 U.S.C. 3015(d) or a
Montgomery GI Bill-Selected Reserve
kicker provided under 10 U.S.C.
16131(i),
(1) An eligible individual is barred
from receiving educational assistance
under 38 U.S.C. chapter 33 concurrently
with educational assistance provided
under—
(i) 10 U.S.C. 510 (National Call to
Service);
(ii) 10 U.S.C. chapter 1606
(Montgomery GI Bill—Selected
Reserve);
(iii) 10 U.S.C. chapter 1607 (Reserve
Educational Assistance Program);
(iv) 10 U.S.C. chapter 106a (Section
901, Educational Assistance Test
Program);
(v) 38 U.S.C. chapter 30 (Montgomery
GI Bill—Active Duty);
(vi) 38 U.S.C. chapter 31 (Veteran
Readiness and Employment Program);
(vii) 38 U.S.C. chapter 32 (PostVietnam Era Veterans’ Educational
Assistance);
(viii) 38 U.S.C. chapter 35 (Survivors’
and Dependents’ Educational
Assistance); or
(ix) Hostage Relief Act of 1980.
(2) An individual who is eligible for
educational assistance under more than
one program listed in paragraph (a)(1) of
this section must specify in writing
which benefit he or she wishes to
receive. The eligible individual may
choose to receive payment under
another educational assistance program
at any time, but may not change which
benefit he or she will receive more than
once during a term, quarter, or semester.
(b) Nonduplication—Federal
program. Payment of educational
assistance is prohibited to an otherwise
eligible reservist—
(1) For a unit course or courses that
are being paid for entirely or partly by
the Armed Forces during any period in
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which he or she is on active duty
service; or
(2) For a unit course or courses that
are being paid for entirely or partly by
the United States under the Government
Employees Training Act.
(c) Nonduplication—Transferred
benefits and Fry Scholarship. An
individual entitled to educational
assistance under § 21.9520(d) and
because of a transfer of entitlement
under § 21.9571—
(1) May not receive educational
assistance under both provisions
concurrently.
(2) Must specify in writing the
provision under which he or she wishes
to receive benefits. The individual may
request to receive benefits under either
provision at any time, but may not
change the provision under which he or
she will receive benefits more than once
during a term, quarter, or semester.
Except in cases when an individual
exhausts entitlement under a provision
during a term, quarter, or semester, the
request will be effective the beginning
date of the enrollment period following
the request.
(d) Nonduplication—Transferred
benefits. An individual who is entitled
to educational assistance based on a
transfer of entitlement under § 21.9571
from more than one individual—
(i) May not receive assistance based
on transfers from more than one
individual concurrently.
(ii) Must specify in writing whose
entitlement he or she wishes to use at
any one time. The individual may
request to use benefits transferred to
him or her by any of the transferors at
any time, but may not change whose
entitlement he or she wishes to use from
one individual to another more than
once during a term, quarter, or semester.
Except in cases when an individual
exhausts his or her transferred
entitlement during a term, quarter, or
semester, the request will be effective
the beginning date of the enrollment
period following the request.
(e) Nonduplication—Fry Scholarship
and compensation and pension. The
commencement of a program of
education based on eligibility for
educational assistance under
§ 21.9520(d) by an eligible individual is
a bar to—
(1) Subsequent payments of
dependency and indemnity
compensation or pension based on the
death of a parent to the eligible
individual when the eligible individual
attains 18 years of age.
(2) Increased rates, or additional
amounts, of compensation, dependency
and indemnity compensation, or
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pension paid on account of the eligible
individual.
(f) Nonduplication—Fry Scholarship.
(1) An individual who is entitled to
educational assistance based on the
death of more than one parent under
§ 21.9520(d) may not receive assistance
under § 21.9520(d) for the same
enrollment period based on the deaths
of both parents.
(2) The individual must specify in
writing on which parent’s death to base
his or her entitlement. The individual
may request to base entitlement on
either parent’s death at any time, but
may not change on whose death he or
she chooses to base entitlement more
than once during a term, quarter, or
semester. Except in cases where an
individual exhausts entitlement that is
based on one parent’s death during a
term, quarter, or semester, the request
will be effective the beginning date of
the enrollment period following the
request.
(g) Nonduplication—Entitlement
based on individual’s active duty
service. (1) An individual who is
entitled to educational assistance under
§ 21.9520(a) or (b) and who is entitled
to educational assistance under
§ 21.9520(d) or § 21.9571 may not
receive educational assistance based on
his or her own period of service and
educational assistance based on
someone else’s service concurrently.
(2) The individual must specify in
writing the provision under which he or
she wishes to receive benefits. The
individual may request to receive
benefits under either provision at any
time, but may not change the provision
under which he or she will receive
benefits more than once during a term,
quarter, or semester. Except in cases
when an individual exhausts
entitlement under one provision during
a term, quarter, or semester, the request
will be effective the beginning date of
the enrollment period following the
request.
(h) Nonduplication—Eligibility based
on a single event or period of service—
(1) Active duty service. (i) An individual
with qualifying active duty service in
the Armed Forces that may be used to
establish eligibility for educational
assistance under 38 U.S.C. chapter 30,
32, or 33, and 10 U.S.C. chapter 1606 or
1607, must make an irrevocable election
in writing specifying under which
program to establish eligibility and to
which program to credit service.
(ii) An individual may not request
that portions of a single period of
service be credited to different benefit
programs. VA considers a single period
of service to be one from which the
individual is discharged or released,
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including a discharge for immediate
reenlistment.
(2) Assistance based on parent’s
service. A child eligible for educational
assistance under § 21.9520(d) and 38
U.S.C. chapter 35, based on the parent’s
death must make an irrevocable election
in writing specifying which benefit he
or she wishes to receive.
(i) Authority. (1) Paragraph (a)(1) of
this section issued under the authority
of 38 U.S.C. 3034(a), 3322, 3323(a),
3681; section 901, Pub. L. 96–342;
(2) Paragraph (a)(2) of this section
issued under the authority of 38 U.S.C.
3034(a), 3322, 3323(a), 3681;
(3) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3681;
(4) Paragraph (c) of this section issued
under the authority of 38 U.S.C. 3322(e),
3323(c);
(5) Paragraph (d) of this section issued
under the authority of 38 U.S.C. 3322(g),
3323(c);
(6) Paragraph (e) of this section issued
under the authority of 38 U.S.C. 3322(f);
(7) Paragraph (f) of this section issued
under the authority of 38 U.S.C. 501(a),
3323(c);
(8) Paragraph (g) of this section issued
under the authority of 38 U.S.C. 501(a),
3323(c); and
(9) Paragraph (h) of this section issued
under the authority of 38 U.S.C. 501(a),
3322(h);
(The Office of Management and Budget has
approved the information collection
provisions in paragraphs (a) through (e) of
this section under control number 2900–
0098, and the information collection
provisions in paragraphs (f) through (h) of
this section under control numbers 2900–
0154 and 2900–0098.)
56. Amend § 21.9695 by:
a. Removing the parenthetical
authority citation at the end of
paragraph (a);
■ b. In paragraph (a), removing
‘‘institutions of higher learning’’ and
adding in its place ‘‘educational
institutions’’;
■ c. In paragraph (b), removing
‘‘institution of higher learning’’
wherever it appears and adding in its
place ‘‘educational institution’’;
■ d. Revising paragraph (b)(3) and
removing the parenthetical authority
citation at the end of the paragraph;
■ f. In paragraph (b)(4)(ii)(A), removing
‘‘established charges’’ and adding in its
place ‘‘tuition and fees’’;
■ g. Removing the parenthetical
authority citation at the end of
paragraph (b)(4)(ii)(C); and
■ h. Adding paragraph (c).
The revision and addition read as
follows:
■
■
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§ 21.9695
Overpayments.
*
*
*
*
*
(b) * * *
(3)(i) The amount of the overpayment
of educational assistance paid to the
eligible individual, or paid to the
educational institution on behalf of the
individual, constitutes a liability of the
educational institution if:
(A) VA determines that the
overpayment is the result of willful or
negligent false certification by the
educational institution, or willful or
negligent failure to certify excessive
absences from a course, discontinuance
of a course, or interruption of a course
by the eligible individual.
(B) The student never attends classes
for which he or she was certified
(regardless of the reason for nonattendance);
(C) The student completely withdraws
from all courses on or before the first
day of the certified period of
enrollment;
(D) The student dies during the term
(see §§ 21.9635(a)(2) and 21.9636(a)(2));
(E) The educational institution
receives a payment for the wrong
student;
(F) The educational institution
receives a duplicate payment for a
student;
(G) The educational institution
receives a payment in excess of the
amount certified to VA on the
enrollment certification; or
(H) The educational institution
submits an amended enrollment
certification to correctly report a
reduced amount of tuition and fee
charges, reduced Yellow Ribbon
Program contributions, or reduced
amounts for both tuition and fees and
Yellow Ribbon Program contributions.
(ii) In determining whether an
overpayment resulting from the actions
listed in paragraph (b)(3)(i) of this
section should be recovered from an
educational institution, VA will apply
the provisions of § 21.4009 (except
paragraph (a)(1)) to overpayments of
educational assistance under 38 U.S.C.
chapter 33.
*
*
*
*
*
(c) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3690(b);
(2) Paragraphs (b) through (b)(3)(ii) of
this section issued under the authority
of 38 U.S.C. 3034(a), 3323(a), 3685; and
(3) Paragraphs (b)(3)(iii) through (b)(4)
of this section issued under the
authority of 38 U.S.C. 3034(a), 3323,
3685, 5302.
■ 57. Amend § 21.9700 by:
■ a. Removing ‘‘established charges’’
wherever it appears and adding in its
place ‘‘tuition and fees’’;
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b. Removing ‘‘38 U.S.C. chapter
3313(c)(1)(A)’’ wherever it appears and
adding in its place ‘‘paragraphs (b) and
(c) of § 21.9640 and paragraphs (b)(1)
and (2) of § 21.9641’’;
■ c. Revising paragraph (b);
■ d. In paragraph (d)(6)(i), removing
‘‘undergraduate’’ and adding in its place
‘‘certificate, undergraduate’’;
■ e. In paragraph (f), removing ‘‘school’’
and adding in its place ‘‘IHL’’;
■ f. In paragraph (g), removing
‘‘school’s’’ and adding in its place
‘‘IHL’s’’; and
■ g. Adding at the end of the section a
parenthetical with the OMB control
number for the approval of the
information collection.
The revision and addition read as
follows:
■
§ 21.9700
*
*
*
*
(b) Eligible individuals. This program
is only available to individuals entitled
to the 100-percent educational
assistance rate (based on service
requirements as shown in § 21.9640(a)
or § 21.9641(a), whichever is applicable)
or to their designated dependents using
entitlement transferred under § 21.9570
or § 21.9571, whichever is applicable, or
effective August 1, 2018, to individuals
using Fry Scholarship entitlement under
§ 21.9520(d) who are pursuing training
at an eligible IHL.
*
*
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
numbers 2900–0154 and 2900–0718.)
58. Revise § 21.9710 to read as
follows:
■
Pursuit.
Except for an eligible individual
seeking tuition assistance Top-Up or
reimbursement for taking an approved
national test for admission, a national
test for credit, or a licensing or
certification test, the individual’s
educational assistance depends upon
his or her pursuit of a program of
education.
(Authority: 38 U.S.C. 3323(c))
§ 21.9715
[Amended]
59. Amend § 21.9715 by:
a. Removing ‘‘the institution of higher
learning’’ wherever it appears and
adding in its place ‘‘the educational
institution’’;
■ b. In the introductory text, removing
‘‘§ 21.9640(b)(1)(ii) or (b)(2)(ii)’’ and
adding in its place ‘‘§ 21.9640(b)(1)(ii),
(b)(2)(ii), or § 21.9641(c), whichever is
applicable’’;
■ c. In paragraph (b)(1), removing ‘‘an
institution of higher learning’’ and
■
■
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§ 21.9720 Certification of enrollment—for
provisions effective before August 1, 2011.
For training pursued during the
period beginning August 1, 2009, and
ending July 31, 2011, an IHL must
certify an eligible individual’s
enrollment before he or she may receive
educational assistance, except as stated
in § 21.9680.
*
*
*
*
*
■ 61. Add § 21.9721 to read as follows:
Yellow Ribbon Program.
*
§ 21.9710
adding in its place ‘‘the educational
institution’’; and
■ d. In paragraph (b)(2), removing
‘‘§ 21.9730’’ and adding in its place
‘‘§ 21.9735’’.
■ 60. Amend § 21.9720 by revising the
section heading and the introductory
text to read as follows:
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§ 21.9721 Certification of enrollment—for
provisions effective after July 31, 2011.
For training pursued after July 31,
2011, an educational institution must
certify an eligible individual’s
enrollment before he or she may receive
educational assistance, except as stated
in § 21.9681.
(a) Educational institutions must
certify most enrollments. VA does not,
as a condition of advance payment,
require educational institutions to
certify the enrollments of eligible
individuals who are seeking an advance
payment (as described in § 21.9715). VA
does not require organizations or
entities offering a national test for
admission, a national test for credit, or
a licensing or certification test to certify
that the eligible individual took the test.
In all other cases, the educational
institution must certify the eligible
individual’s enrollment before he or she
may receive educational assistance. This
certification must be in a form specified
by the Secretary and contain such
information as specified by the
Secretary.
(b) Length of the enrollment period
covered by the enrollment certification.
(1) Educational institutions that offer
courses on a term, quarter, or semester
basis will report enrollment for the
term, quarter, semester, ordinary school
year, or ordinary school year plus
summer term. If the certification covers
two or more terms, the educational
institution will report each term,
quarter, or semester separately.
(2) Educational institutions organized
on a year-round basis that do not offer
courses on a term, quarter, or semester
basis will report enrollment for the
length of the course. The certification
will include a report of the dates during
which the educational institution closes
for any intervals designated in its
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5357
approval data as breaks between school
years.
(3) When an eligible individual
enrolls in a distance learning program
leading to a standard college degree, the
institution of higher learning’s
certification will include—
(i) The enrollment date; and
(ii) The ending date for the period
being certified. If the educational
institution has no prescribed maximum
time for completion, the certification
must include an ending date based on
the educational institution’s estimate for
completion.
(c) Authority. (1) Paragraph (a) of this
section issued under the authority of 38
U.S.C. 3014(b), 3031, 3034(a), 3323(a),
3482(g), 3680, 3687, 3689, 5101(a); and
(2) Paragraph (b) of this section issued
under the authority of 38 U.S.C. 3034(a),
3323(a), 3684.
(The Office of Management and Budget has
approved the information collection
provision in this section under control
number 2900–0073.)
§ 21.9725
[Amended]
62. Amend § 21.9725 by:
a. Removing ‘‘institution of higher
learning’’ wherever it appears and
adding in its place ‘‘educational
institution’’; and
■ b. In paragraph (b), removing
‘‘institution of higher learning’s’’ and
adding in its place ‘‘educational
institution’s’’.
■
■
§ 21.9735
[Amended]
63. Amend § 21.9735 by removing
‘‘individuals and institutions of higher
learning’’ and adding in its place
‘‘eligible individuals and educational
institutions’’.
■
§ 21.9740
[Amended]
64. Amend § 21.9740 by:
a. Removing ‘‘institution of higher
learning’’ wherever it appears and
adding in its place ‘‘educational
institution’’; and
■ b. Removing ‘‘institution of higher
learning’s’’ wherever it appears and
adding in its place ‘‘educational
institution’s’’.
■ 65. Amend § 21.9750 by:
■ a. In paragraph (a), removing
‘‘institution of higher learning’’ and
adding in its place ‘‘educational
institution’’;
■ b. Revising the heading to paragraph
(b);
■ c. Removing paragraph (b)
introductory text; and
■ d. Revising paragraph (b)(1).
The revisions read as follows:
■
■
§ 21.9750
*
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Course measurement.
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(b) Measurement of courses reported
in clock hours at IHLs. (1) If the courses
pursued at an IHL are measured in clock
hours, VA will convert the clock hours
to equivalent credit hours by—
(i) Adding the total number of clock
hours pursued during the term, quarter
or semester;
(ii) Dividing the sum of paragraph
(b)(1) of this section by the total number
of weeks in the term; and
VerDate Sep<11>2014
22:26 Jan 15, 2025
Jkt 265001
(iii) Multiplying the result of
paragraph (b)(2) of this section rounded
to the nearest 100th by—
(A) If the educational institution
measures courses using both credit and
clock hours, the decimal determined by
dividing the number of credit hours
considered full-time at the educational
institution by the number of clock hours
considered full-time at the educational
institution.
(B) If the educational institution only
measures courses using clock hours, the
PO 00000
Frm 00036
Fmt 4701
Sfmt 9990
decimal determined by dividing 14
credit hours by the number of clock
hours considered full-time at the
educational institution.
*
*
*
*
*
§ 21.9765
[Amended]
66. Amend § 21.9765 by removing
‘‘institution of higher learning’’ and
adding in its place ‘‘educational
institution’’.
■
[FR Doc. 2024–29907 Filed 1–15–25; 8:45 am]
BILLING CODE 8320–01–P
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Agencies
[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 5324-5358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29907]
[[Page 5323]]
Vol. 90
Thursday,
No. 10
January 16, 2025
Part IX
Department of Veterans Affairs
-----------------------------------------------------------------------
38 CFR Part 21
Post-9/11 Improvements, Fry Scholarship, and Interval Payments
Amendments; Final Rule
Federal Register / Vol. 90 , No. 10 / Thursday, January 16, 2025 /
Rules and Regulations
[[Page 5324]]
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AQ88
Post-9/11 Improvements, Fry Scholarship, and Interval Payments
Amendments
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations that govern VA's administration of educational assistance
programs to implement the provisions of the Post-9/11 Veterans
Educational Assistance Improvements Act of 2010, which modified the
manner in which payments of educational assistance are determined and
expanded the types of programs students may pursue under the Post-9/11
GI Bill; section 1002 of the Supplemental Appropriations Act, 2009,
which authorized the ``Marine Gunnery Sergeant John David Fry
Scholarship;'' and a select number of provisions of the Harry W.
Colmery Veterans Educational Assistance Act of 2017.
DATES: This rule is effective March 17, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Alphonso, Assistant Director,
Policy and Procedures, Education Service, Department of Veterans
Affairs, Veterans Benefits Administration (22), 810 Vermont Avenue NW,
Washington, DC 20420. Telephone: (202) 461-9800. (This is not a toll-
free telephone number.)
SUPPLEMENTARY INFORMATION: Under chapter 5 of title 38, United States
Code (U.S.C.), the Secretary has the authority to prescribe rules and
regulations which are appropriate and necessary to carry out the laws
administered by VA. Accordingly, on May 24, 2023, VA published a
proposed rule at 88 FR 33672 to amend its regulations to implement
section 1002 of the Supplemental Appropriations Act, 2009 (Pub. L. 111-
32), which amended 38 U.S.C. chapter 33 to allow surviving children of
active duty Servicemembers who died on or after September 11, 2001, to
receive educational assistance under the Post-9/11 GI Bill (chapter
33); the Post-9/11 Veterans Educational Assistance Improvements Act of
2010 (Pub. L. 111-377), which amended the Post-9/11 GI Bill; six
sections of the Harry W. Colmery Veterans Educational Assistance Act of
2017, or Forever GI Bill (Pub. L. 115-48); and a policy change to
address how VA manages overpayments and discontinuance dates. VA
provided a 60-day comment period, which ended on July 24, 2023, and
received six comments on the proposed amendments. The comments are
addressed below.
Eligibility for Post-9/11 GI Bill Benefits and Time Limit for Transfer
of Entitlement
One commenter expressed the belief that all veterans--no matter the
length of their service--should be entitled to Post-9/11 GI Bill
benefits if they were not discharged early for disciplinary reasons.
The commenter stated that individuals who served honorably but with
less time in service than others are not afforded the same entitlement.
The commenter also indicated that the rulemaking should expand the
period individuals can transfer entitlement to their children.
Requirements for payment of benefits are explicitly set by statute
in 38 U.S.C. 3311 and 3313. Payment of educational assistance is based
on the length of an individual's service as prescribed in sections
3311(b) and 3313(c). Generally, the greater the length of service, the
greater the payment. Additionally, the time period for transferring
benefits is explicitly set by statute in 38 U.S.C. 3319. Under section
3319(f) an individual may transfer entitlement only while serving in
the Armed Forces. VA does not have authority to change statutory
requirements through regulatory action.
Accordingly, VA makes no changes to the rule based on these
comments.
Expansion of Eligibility for Post-9/11 GI Bill Benefits for Individuals
Two commenters recommended that the final rulemaking include
revisions to allow more individuals the opportunity to obtain Post-9/11
GI Bill educational assistance benefits. One commenter suggested that
VA should make the process to obtain these benefits easier and another
suggested that individuals should be eligible for Post-9/11 GI Bill
benefits regardless of when they attend school. This rulemaking
implements the Post-9/11 Veterans Educational Assistance Improvements
Act of 2010, which among other things, greatly expanded the types of
programs students may pursue under the Post-9/11 GI Bill and
eligibility for these programs. The provisions also refine and enhance
VA's administration of Post-9/11 GI Bill educational assistance,
improving the efficiency to deliver these benefits to claimants.
Implementation of these provisions, as reflected in this rulemaking,
will make provision of benefits easier and more efficient.
Furthermore, under current law, individuals who were discharged on
or after January 1, 2013, may use Post 9/11 GI Bill benefits to attend
school any time after discharge. Individuals who were discharged prior
to that date have 15 years from the date of discharge to use their
benefits. 38 U.S.C. 3321(a). We have been implementing this law and
will incorporate it into our regulations in a future rulemaking.
As such, VA makes no changes to this rule based on these comments.
Enhancement of the Definition of ``In-Residence Course'' and of an
Attendance and Participation Requirement
One commenter suggested strengthening the definition of what
constitutes an ``on-site course,'' stating that educational
institutions offering ``hybrid'' programs with only one residential
class are actually distance-learning courses and that individuals
enrolled in these hybrid programs should not be eligible for the
payment of a full housing allowance when the majority of classes would
be online and not ``on-site.'' (The commenter used the term ``on-site
course'' to refer to what VA's regulations define as an ``in-residence
course.'')
According to 38 U.S.C. 3313(c)(1)(B)(i)(I), an individual who
``pursues a [degree] program of education on more than a half-time
basis'' is entitled to a monthly housing allowance based on ``the
campus of the institution of where the individual physically
participates in a majority of classes.'' However, 38 U.S.C.
3313(c)(1)(B)(iii) expressly authorizes payment of a monthly housing
allowance at half the national average of the monthly amount of the
basic allowance for housing payable under 37 U.S.C. 403 for a member
with dependents in pay grade E-5 (which we will refer to as ``the
national average'') for ``an individual pursuing a [degree] program of
education solely through distance learning on more than a half-time
basis.'' (Emphasis added.) Similarly, for an individual pursuing a non-
degree program of education on a more than half-time basis, 38 U.S.C.
3313(g)(3)(A)(ii)(I)(aa) provides a monthly housing allowance based on
``the campus of the institution of where the individual physically
participates in a majority of classes.'' But 38 U.S.C.
3313(g)(3)(A)(ii)(I)(bb) authorizes payment of a monthly housing
allowance at half that amount for ``an individual pursuing a [non-
degree] program of education through distance
[[Page 5325]]
learning'' on more than a half-time basis without specifically
requiring that pursuit be ``solely through distance learning.''
(Emphasis added.)
VA faces several challenges in interpreting these statutory
provisions. First, aspects of the statutory language at 38 U.S.C.
3313(g)(3)(A)(ii)(I)(bb) are unworkable as literally drafted. That
provision calculates the monthly housing allowance for individuals
pursuing non-degree distance-learning programs by reference to 38
U.S.C. 3313(g)(3)(A)(ii)(I)(aa), which is based on a locality (``campus
of the institution of where the individual physically participates in a
majority of classes''). However, it would be impossible to apply 38
U.S.C. 3313(g)(3)(A)(ii)(I)(bb) according to its literal terms because,
for students in distance learning programs, there is no campus where
the individual ``physically participates in a majority of classes.''
Second, although 38 U.S.C. 3313(c)(1)(B)(iii) refers to ``an
individual pursuing a program of education solely through distance
learning'' (emphasis added) and 38 U.S.C. 3313(g)(3)(A)(ii)(I)(bb)
refers to ``an individual pursuing a program of education through
distance learning'' (omitting the word ``solely''), VA does not believe
that Congress intended to attribute any significance to this omission
because a strictly literal reading would have absurd and inequitable
results. With respect to the specific scenario raised by the commenter,
VA is concerned that it would be absurd and inequitable to pay the full
housing allowance for an individual who is taking one on-site course as
part of a degree program (and thus not ``solely'' through distance
learning) but to pay only half the housing allowance for an individual
who is taking one on-site course as part of a non-degree program (and
thus also not ``solely'' through distance learning). To avoid this
absurd and inequitable result, we have interpreted the language in
section 3313(g)(3)(A)(ii)(I)(bb) as referring to an individual pursuing
a non-degree program solely through distance learning, which is still
consistent with the plain language of the statute, which refers to ``an
individual pursuing a [non-degree] program of education through
distance learning.''
Taking into account both of these interpretive challenges, the VA
has concluded that the best reading of the statute is reflected in
Sec. 21.9641(c)(4), which provides that ``[a]fter September 30, 2011,
an individual . . . , who is pursuing a program of education solely via
distance learning at a rate of pursuit of greater than 50 percent, can
receive a monthly housing allowance . . . equal to 50 percent of the
[national average].'' The interpretation reflected in this regulatory
language best avoids absurd and illogically inequitable results. See
Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 575 (1982)
(``interpretations of a statute which would produce absurd results are
to be avoided if alterative interpretations consistent with the
legislative purpose are available''). Consequently, all classes an
individual takes must be online or otherwise characterized as distance
learning for the individual to receive a monthly housing allowance at
the rate of half the national average; otherwise, the individual would
receive the full monthly housing allowance. In other words, if an
individual takes only one ``on-site'' class, that individual could
still be eligible for the full monthly housing allowance. Because this
regulation reflects the best reading of the statute, it would be beyond
our authority to pay less than the full monthly housing allowance for
programs that include as little as one online course as it would
require statutory rather than regulatory action.
We recognize that Sec. 21.9641(c)(4) provides for a monthly
housing allowance based on the national average, regardless of whether
an individual is pursuing a degree or non-degree program. As noted
above, Congress provided elsewhere in section 3313 for payment of the
monthly housing allowance for distance learning based upon the national
average. Thus, we are calculating the rate for all distance-learning
programs in a manner that is administratively feasible and consistent
with the statutory scheme. Also, we plan to define ``resident
learning'' in a separate rulemaking. As such, VA makes no change based
on this comment.
As for the commenter's suggestion that the school attendance and
participation requirements be enhanced, this rule makes changes that
would ensure that an educational institution is not unjustly enriched
by receiving payments when a student fails to attend or participate in
class for which he or she is certified. Under current Sec.
21.9695(b)(3), an educational institution is liable for overpayments
when an overpayment is the result of willful or negligent false
certification by the educational institution, or willful or negligent
failure to certify excessive absences from a course, discontinuance of
a course, or interruption of a course by the eligible individual.
Revised Sec. 21.9695(b)(3) will add that an educational institution is
also liable for an overpayment of educational assistance paid on behalf
of an individual when a student never attends classes for which he or
she was certified (regardless of the reason for non-attendance), or
completely withdraws from all courses on or before the first day of the
certified period of enrollment. These added provisions will help ensure
VA is not paying for education that is not provided. Thus, an
``enhanced attendance and participation requirement'' is not necessary.
Consequently, VA makes no changes based on this comment.
Personal Claim
One commenter referenced a personal claim and proceedings unrelated
to this rulemaking. This comment is outside of the scope of this
rulemaking, and VA makes no changes based on this comment.
Terminology Correction
A commenter noted that, in proposed Sec. 21.9676(d), the usage of
the term ``veteran-nonveteran'' is not accurate for purposes of the 85
percent requirement in 38 CFR 21.4201(a) or 38 U.S.C. 3680A(d)(1),
otherwise known as the ``85/15 rule.'' The commenter pointed out that
the 85/15 rule measures the number of students using VA or
institutional funds versus those students who do not receive assistance
from VA or the institution; and, therefore, the correct terminology is
``supported students versus nonsupported students'' rather than
``veteran-nonveteran.'' VA concurs with this comment and replaces the
term ``veteran-nonveteran'' with ``supported students versus
nonsupported students'' in Sec. 21.9675(d)(5) and includes the term
``supported students versus nonsupported students'' in new Sec.
21.9676(d)(5).
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and
[[Page 5326]]
definitions governing contemporary regulatory review established in
Executive Order 12866 and Executive Order 13563. The Office of
Information and Regulatory Affairs has determined that this rulemaking
is a significant regulatory action under Executive Order 12866, section
3(f)(1), as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
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. Although this final rule will affect
some small entities, such as testing organizations or educational
institutions that qualify as ``small'' using the most recent official
revenue standards, the economic impact on them is minor. Educational
institutions of all sizes voluntarily apply for approval to receive GI
Bill benefits likely because tuition and fees revenue from student
Veterans consists of guaranteed government funding (from U.S. taxpayer
funds). However, if the cost for smaller educational institutions
applying for GI Bill approval and meeting the requirements for
continued approval were substantial, participating in the GI Bill
program would not be financially viable. Because the policies
memorialized in this final rule have been in effect for a long period
of time and small institutions continue to seek and maintain GI Bill
approval, likely profiting from this status, we conclude that the rules
and policies in this final regulatory action do not significantly
impact these entities. Furthermore, realizing that there are costs to
educational institutions associated with their participation in GI Bill
programs, Congress enacted Public Law 115-48, sec. 304, which increased
the reporting fee payable to testing organizations and educational
institutions for carrying out reporting requirements, as provided in 38
U.S.C. 3684(c)(2), consequently further minimizing the economic impact
on smaller educational and testing organizations. On this basis, the
Secretary 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. Therefore, under 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
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 issuing any rule that may result in the expenditure by
State, local, and 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 will have no such effect
on State, local, and Tribal governments, or on the private sector.
Paperwork Reduction Act of 1995
This final rule includes provisions constituting a revision to
current/valid collections of information under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The revisions also require approval
by the Office of Management and Budget (OMB). Accordingly, under 44
U.S.C. 3507(d), VA has submitted a copy of this rulemaking action to
OMB for review and approval. VA received no comments on the revised
collections of information.
OMB has received the revised collections of information. OMB's
receipt of the revised collections of information is not an approval to
conduct or sponsor an information collection under the Paperwork
Reduction Act of 1995. In accordance with 5 CFR part 1320, the revised
collections of information associated with this rulemaking are not
approved by OMB at this time. OMB's approval of the revised collections
of information will occur within 30 days after the Final rulemaking
publishes. If OMB does not approve the new collections of information
as requested, VA will immediately remove the provision containing the
related new collection of information or take such other action as is
directed by OMB.
The collections of information associated with this rulemaking are
described immediately following this paragraph, under its respective
title.
Title: Application for Approval of an Institution of Higher
Learning Facility; Institution of Higher Learning--Program Submission
List; Application for Approval of Org Other Than Inst of Higher
Learning.
OMB Control No: 2900-0932.
CFR Provision: 38 CFR 21.4259(b).
Summary of collection of information: Public Law 117-333
section 11, enacted January 5, 2023, amended 38 U.S.C. 3672, ``Approval
of Courses''. This law required VA to create and design two new uniform
applications and any accompanying documentation for approval of courses
of educational programs, and for those forms to be available for use by
October 1, 2023. These forms are completed by educational institutions,
training establishments, and other organizations seeking approval of
one or more programs of study for the payment of VA education benefits
rendered to eligible beneficiaries. The institutions submit the forms
to the State Approving Agencies (SAAs) of jurisdiction for their
review. By law, each SAA has the authority to make such approvals in
their respective state. VA contracts with SAAs in each state for this
approval assessment work. There is some duplication of collection
information found in the discontinued OMB 2900-0051 ``State Approving
Agency Reports and Notices'' as required by 38 CFR 21.4154, 4250(b),
21.4258 and 21.4259. However, there wasn't an official uniform
application available for use by all stakeholders; educational
institutions, training establishments and SAAs to ensure the
information collected was the same based on the type of educational
institution seeking program and course approval.
Description of need for information and proposed use of
information: The collection of information is necessary to ensure all
entities have access to the same collection of information, thus making
the approval assessment and enrollment certification process more
efficient.
Description of likely respondents: SAAs, educational
institutions, and training establishments.
Estimated total number of respondents: 8,800.
Estimated total number of responses: 8,800.
Estimated frequency of responses: Once.
Estimated average burden per response: 8 total hours.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
70,400 burden hours. Using the annual number of responses 8,800, VA
estimates a total annual reporting and recordkeeping burden of 70,400
for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $2,216,192 (70,400 respondents x
$31.48 *)
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Dependents' Application for VA Education Benefits.
[[Page 5327]]
OMB Control No: 2900-0098.
CFR Provision: 38 CFR 21.9520(d), 21.9530(f), 21.9691(e),
21.9691(h).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9520(d), 21.9530(f), 21.9691(e),
and 21.9691(h) would require certain children to submit an application
to establish eligibility for the Fry Scholarship, and certain
individuals who must elect the Fry Scholarship or either Dependency and
Indemnity Compensation (DIC) or Survivors' and Dependents' Educational
Assistance (DEA) to submit an application to establish eligibility for
the elected benefit.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits. The information collected will be used by VA to determine an
individual's eligibility for the Fry scholarship, DIC, or DEA.
Description of likely respondents: Individuals.
Estimated total number of respondents: 83,972.
Estimated frequency of responses: Once.
Estimated average burden per response: 45 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
48,983 burden hours. Using the annual number of responses 83,972, VA
estimates a total annual reporting and recordkeeping burden of 48,983
hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $1,982,578.92 (83,972 respondents per
year x 45 minutes per application)/60 x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Application for Reimbursement of a National Exam Fee.
OMB Control No: 2900-0706.
CFR Provision: 38 CFR 21.9626(a)(3), 21.9668, 21.9681(b)(5).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9626(a)(3), 21.9668, 21.9681(b)(5)
would require individuals to submit a claim and supporting
documentation to be reimbursed for the cost of a national test for
admission or a national test for credit.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits. The information collected will be used by VA to determine if
an individual is eligible to receive reimbursement for a claimed
national test, and to determine the amount of the reimbursement.
Description of likely respondents: Individuals.
Estimated total number of respondents: 310.
Estimated frequency of responses: Once.
Estimated average burden per response: 15 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
78 burden hours. Using the annual number of responses 310, VA estimates
a total annual reporting and recordkeeping burden of 78 hours for
respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $2,440 (310 respondents per year x 15
minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Application for Reimbursement of Licensing and Certification
Fees.
OMB Control No: 2900-0695.
CFR Provision: 38 CFR 21.9667.
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9667 would require individuals to
submit a claim to be reimbursed for the cost of licensing and
certification tests.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits. The information collected will be used by VA to determine if
an individual is eligible to receive reimbursement for a licensing and
certification test, and to determine the amount of the reimbursement.
Description of likely respondents: Individuals.
Estimated total number of respondents: 4,210.
Estimated total number of responses: 12,630.
Estimated frequency of responses: On occasion. (3
responses per year).
Estimated average burden per response: 15 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
3,158 burden hours. Using the annual number of responses 12,630, VA
estimates a total annual reporting and recordkeeping burden of 3,158
hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $99,398 (12,630 responses per year x
15 minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Monthly Certification for Flight Training.
OMB Control No: 2900-0162.
CFR Provision: 38 CFR 21.9641(b)(5).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9641(b)(5) would require students
pursuing flight training programs at non-IHLs to submit monthly
certifications to receive payment for such pursuit.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits. The information collected will be used to determine whether
the individual's educational assistance should be continued without
change, amended, or terminated, and to determine the effective date of
such continuance, amendment, or termination.
Description of likely respondents: Individuals.
Estimated total number of respondents: 3,900.
Estimated total number of responses: 23,400.
Estimated frequency of responses: On occasion. (6
responses annually).
Estimated average burden per response: 30 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
11,700 burden hours. Using the annual number of responses 23,400, VA
estimates a total annual reporting and recordkeeping burden of 11,700
hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $368,316 (23,400 responses per year x
30 minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the
[[Page 5328]]
Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Certification of Lessons Completed.
OMB Control No: 2900-0353.
CFR Provision: 38 CFR 21.9641(b)(6).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9641(b)(6) would require students
pursuing correspondence training programs at non-IHLs to submit
certification of lessons completed to receive payment for such pursuit.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits, which in the case of correspondence training, are based on
the number of lessons completed. The information collected will be used
by VA to determine the amount of educational assistance to be paid.
Description of likely respondents: Individuals.
Estimated total number of respondents: 154.
Estimated total number of responses: 616.
Estimated frequency of responses: Quarterly.
Estimated average burden per response: 10 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
103 burden hours. Using the annual number of responses 616, VA
estimates a total annual reporting and recordkeeping burden of 103
hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $3,232 (616 responses per year x 10
minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Certification of Affirmation of Enrollment Agreement
Correspondence Course.
OMB Control No: 2900-0576.
CFR Provision: 38 CFR 21.9641(b)(6).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9641(b)(6) would require students
pursuing correspondence training programs at non-IHLs to submit an
affirmation of enrollment in a correspondence course to receive payment
for such pursuit.
Description of need for information and proposed use of
information: The collection of information is necessary to pay
benefits. The information collected will be used by VA to ensure an
individual is enrolled in a correspondence course following the signing
of a contract.
Description of likely respondents: Individuals.
Estimated total number of respondents: 75.
Estimated frequency of responses: Annually.
Estimated average burden per response: 3 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
4 burden hours. Using the annual number of responses 75 VA estimates a
total annual reporting and recordkeeping burden of 4 hours for
respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $118 (75 responses per year x 3
minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: VA Enrollment Certification.
OMB Control No: 2900-0073.
CFR Provision: 38 CFR 21.9681(b)(1) and 21.9721.
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9681(b)(1) and 21.9721 would
require an educational institution to certify a student's enrollment in
an approved program of education (other than a student seeking
reimbursement for taking an approved licensure or certification test or
a national test).
Description of need for information and proposed use of
information: The collection of information is necessary to ensure a
student is properly enrolled in an approved program of education before
making any payments of educational assistance benefits. VA will use the
information collected on VA Form 22-1999 to determine the amount of
educational benefits payable to an individual during a period of
enrollment or training.
Description of likely respondents: Individuals.
Estimated total number of respondents: 1,266,616.
Estimated total number of responses: 3,799,847.
Estimated frequency of responses: On occasion. (3
responses per year).
Estimated average burden per response: 10 minutes.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
633,307 burden hours. Using the annual number of responses 3,799,847,
VA estimates a total annual reporting and recordkeeping burden of
633,307 hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $19,936,530 (3,799,847 responses per
year x 10 minutes per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Title: Yellow Ribbon Program Agreement.
OMB Control No: 2900-0718.
CFR Provision: 38 CFR 21.9700(b).
Summary of collection of information: The new collection
of information in proposed 38 CFR 21.9700(b) would include individuals
who establish eligibility for the Fry Scholarship to receive benefits
under the Yellow Ribbon Program.
Description of need for information and proposed use of
information: The collection of information is necessary to provide IHLs
with the opportunity to indicate their participation in the Yellow
Ribbon Program and to allow IHLs to indicate the maximum number of
students that will receive benefits under the program. VA will use the
information collected to determine which IHLs will be participating in
the Yellow Ribbon Program, the maximum number of individuals for whom
the IHL will make contributions in any given academic year, and the
maximum dollar amount of outstanding established charges that will be
waived for each student based on student status (i.e., undergraduate,
graduate, doctoral) or sub-element (i.e., college or professional
school).
Description of likely respondents: Institutions of higher
learning.
Estimated total number of respondents: 5,600.
Estimated frequency of responses: Once.
Estimated average burden per response: 14 hours.
Estimated total annual reporting and recordkeeping burden:
VA
[[Page 5329]]
estimates the total annual reporting and recordkeeping burden to be
78,400 burden hours. Using the annual number of responses 5,600, VA
estimates a total annual reporting and recordkeeping burden of 78,400
hours for respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $2,468,032 (5,600 responses per year x
14 hours per application x $31.48 *).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $31.48 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm.
Severability
The purpose of this section is to clarify the agencies' intent with
respect to the severability of provisions of this final rule. Each
provision that the agency is promulgating is capable of operating
independently. If any provision of this rule is determined by judicial
review or operation of law to be invalid, that partial invalidation
will not render the remainder of this rule invalid. Likewise, if the
application of any portion of this rule to a particular circumstance is
determined to be invalid, the agencies intend that the rule remain
applicable to all other circumstances.
Congressional Review Act
Under the Congressional Review Act, this regulatory action may
result in ``an annual effect on the economy of $100,000,000 or more,''
5 U.S.C. 804(2), and so is subject to the 60-day delay in effective
date under 5 U.S.C. 801(a)(3). In accordance with 5 U.S.C. 801(a)(1),
VA will submit to the Comptroller General and to Congress a copy of
this Regulation and the Regulatory Impact Analysis (RIA) associated
with the Regulation.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--veterans, Health care, Loan programs--education, Loan
programs--veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Veteran readiness.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, signed and approved
this document on December 12, 2024, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 21 as follows:
PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
0
1. The authority citation for subpart C continues to read as follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, and as noted in
specific sections.
0
2. Amend Sec. 21.3022 by:
0
a. In paragraph (i), removing ``and'';
0
b. In paragraph (j), removing the period and adding ``; and'' in its
place; and
0
c. Adding paragraph (k).
The addition reads as follows:
Sec. 21.3022 Nonduplication--programs administered by VA.
* * * * *
(k) Effective August 1, 2011, 10 U.S.C. 510 (National Call to
Service).
* * * * *
Subpart D--Administration of Educational Assistance Programs
0
3. The authority citation for 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, 33, 34, 35, 36, and as noted in specific sections.
Sec. 21.4002 [Amended]
0
4. Amend Sec. 21.4002, in paragraph (a), by removing ``(See Sec. Sec.
19.192 and 19.183 of this chapter.)''.
0
5. Amend Sec. 21.4022 by:
0
a. In paragraph (d), adding a semicolon at the end of the paragraph;
0
b. In paragraph (k), removing the period and adding ``; and'' in its
place; and
0
c. Adding paragraph (l).
The addition reads as follows:
Sec. 21.4022 Nonduplication--programs administered by VA.
* * * * *
(l) Effective August 1, 2011, 10 U.S.C. 510 (National Call to
Service).
* * * * *
0
6. Amend Sec. 21.4138 by:
0
a. Removing the parenthetical authority citation at the end of
paragraphs (a), (b), and (e);
0
b. Revising the heading for paragraph (f) introductory text;
0
c. Removing the parenthetical authority citation at the end of
paragraphs (f)(4)(ii), (f)(5)(ii), and (f)(6)(ii)(B); and
0
d. Adding paragraphs (g) and (h).
The revision and additions read as follows:
Sec. 21.4138 Certifications and release of payments.
* * * * *
(f) Payment for intervals and temporary school closings before
August 1, 2011. * * *
* * * * *
(g) Payment for temporary school closings after July 31, 2011. (1)
Subject to paragraph (g)(2) of this section, VA may authorize payment
for a temporary school closing that occurs during a certified period of
enrollment if the closing is due to an emergency (including a strike)
or established policy based on an Executive order of the President.
(2) An individual may not receive more than 4 weeks of payment for
temporary school closings in any 12-month period.
(3) The decision as to whether a school closing is permanent or
temporary will be made by--
(i) The director of the VA regional processing office of
jurisdiction; or
(ii) The Director, Education Service, if the emergency or
established policy based on an Executive Order of the President results
in the closing of schools in the jurisdiction of more than one VA
regional processing office.
(4) A school that disagrees with a decision made under paragraph
(g)(3) of this section may request an administrative review. The review
request must be submitted in writing and received by the director of
the VA regional processing office of jurisdiction, or the Director,
Education Service, whoever made the decision under paragraph (g)(3) of
this section, within one year of the date of VA's letter notifying the
school of the decision. A review of the decision will include the
evidence of record and any other pertinent evidence the school may wish
to submit. The affirmation or reversal of
[[Page 5330]]
the initial decision based on an administrative review is final. The
review will be conducted by the--
(i) Director, Education Service, if the director of the VA regional
processing office of jurisdiction made the initial decision to continue
or discontinue payments.
(ii) Under Secretary for Benefits, if the Director, Education
Service, made the initial decision to continue or discontinue payments.
(h) Authority. (1) Paragraph (a) of this section issued under the
authority of 10 U.S.C. 16136(b); 38 U.S.C. 3034, 3680(d);
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(c), 3680(f);
(3) Paragraph (e) of this section issued under the authority of 38
U.S.C. 5113, 3680(b), 3680(c), 3680(g);
(4) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3680;
(5) Paragraph (f)(5) of this section issued under the authority of
38 U.S.C. 3680(a);
(6) Paragraph (f)(6) of this section issued under the authority of
38 U.S.C. 512, 3680(a); and
(7) Paragraph (g) of this section issued under the authority of 38
U.S.C. 512, 3680(a).
* * * * *
0
7. Amend Sec. 21.4150 by:
0
a. Revising paragraph (c)(2) and removing the parenthetical authority
citation at the end of the paragraph;
0
b. Removing the parenthetical authority citation at the end of
paragraphs (d) and (e);
0
c. Revising paragraph (f) and removing the parenthetical authority
citation at the end of the paragraph;
0
d. Removing the parenthetical authority citation at the end of
paragraph (g); and
0
e. Adding paragraph (h).
The revisions and addition read as follows:
Sec. 21.4150 Designation.
* * * * *
(c) * * *
(2) When VA has approval, disapproval, or suspension authority.
* * * * *
(f)(1) The Secretary is responsible for approving programs of
education offered by any agency or instrumentality of the Federal
Government.
(2)(i) Effective August 1, 2011, subject to Sec. Sec. 21.4201,
21.4203, 21.4251, 21.4252, and 21.4253(d)(2) and (3), the following
programs of education are deemed approved--
(A) An accredited standard college degree program offered at a
public or not-for-profit proprietary institution of higher learning
that is accredited by a national or regional agency or organization
recognized for that purpose by the Department of Education.
(B) A flight training course approved by the Federal Aviation
Administration that is offered by a certified pilot school that
possesses a valid Federal Aviation Administration pilot school
certificate or provisional pilot school certificate under 14 CFR part
141.
(C) An apprenticeship program registered with the Office of
Apprenticeship of the Employment Training Administration of the
Department of Labor or a State apprenticeship agency recognized by the
Office of Apprenticeship under 29 U.S.C. 50, et seq.
(D) A program of education leading to a secondary school diploma
offered by a secondary school approved in the State in which it is
operating.
(E) A licensure test offered by a Federal, State, or local
government.
(ii) [Reserved]
(h)(1) Paragraph (c)(2) of this section issued under the authority
of 38 U.S.C. 3671(b)(1);
(2) Paragraph (d) of this section issued under the authority of 38
U.S.C. 512(a), 3561(b);
(3) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3672(c);
(4) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3672(b); and
(5) Paragraph (g) of this section issued under the authority of 38
U.S.C. 3689.
* * * * *
0
8. Amend Sec. 21.4151 by:
0
a. Removing the parenthetical authority citation at the end of
paragraphs (a) and (b);
0
b. In paragraph (b)(5), removing ``and'' at the end of the paragraph;
0
c. Redesignating paragraph (b)(6) as paragraph (b)(7);
0
d. Adding new paragraph (b)(6);
0
e. Removing the parenthetical authority citation at the end of
paragraph (c); and
0
f. Adding paragraph (d).
The additions read as follows:
Sec. 21.4151 Cooperation.
* * * * *
(b) * * *
(6) Effective August 1, 2011, performing compliance and risk-based
surveys and oversight (in accordance with the provisions in the State
approving agency contract) without regard to whether the Secretary or
the State approving agency approved the courses offered at the
educational institution or the courses were deemed approved; and
* * * * *
(d)(1) Paragraph (a) of this section issued under the authority of
38 U.S.C. 3673(a);
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3672, 3673, 3674, 3689; and
(3) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3673(b).
0
9. Amend Sec. 21.4200 by adding paragraphs (mm) through (oo) following
the parenthetical authority citation at the end of the section to read
as follows:
Sec. 21.4200 Definitions.
* * * * *
(mm) National test for admission. (1) A national test for admission
is a test used for admission to an institution of higher learning or
graduate school (such as the Scholastic Aptitude Test (SAT), Law School
Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate
Management Admission Test (GMAT)). A list of national tests approved by
VA can be found at: https://inquiry.vba.va.gov/weamspub/buildSearchNE.do.
(2) This paragraph (mm) issued under the authority of 38 U.S.C.
3452(b), 3315A, 3501(a)(5).
(nn) National test for credit. (1) A national test for credit is a
test that provides an opportunity for course credit at an institution
of higher learning (such as the Advanced Placement (AP) exam and
College-Level Examination Program (CLEP)). A list of national tests
approved by VA can be found at: https://inquiry.vba.va.gov/weamspub/buildSearchNE.do.
(2) This paragraph (nn) issued under the authority of 38 U.S.C.
3452(b), 3315A, 3501(a)(5).
(oo) We, us, our. When we use the terms we, us, or our, we mean the
United States Department of Veterans Affairs.
0
10. Amend Sec. 21.4206 by:
0
a. Revising the introductory text;
0
b. Removing the parenthetical authority citation at the end of
paragraph (a);
0
c. Revising paragraph (b) and removing the parenthetical authority
citation at the end of the paragraph;
0
d. Removing the parenthetical authority citation at the end of
paragraphs (c) and (d);
0
e. Revising paragraph (e) and removing the parenthetical authority
citation at the end of the paragraph; and
0
f. Adding paragraph (f).
The revisions and addition read as follows:
[[Page 5331]]
Sec. 21.4206 Reporting fee.
VA will pay annually to each educational institution furnishing
education or to each joint apprenticeship training committee acting as
a training facility under 10 U.S.C. 510, chapter 1606, or chapter 1607
or 38 U.S.C. 30, 32, 33, 35, or 36 a reporting fee for required reports
or certifications. The reporting fee will be paid as soon as feasible
after the end of the calendar year.
* * * * *
(b) In computing the reporting fee, VA will not count an eligible
individual whose only receipt of educational assistance during a
calendar year was tuition assistance Top-Up under 38 U.S.C. chapter 30,
a rural relocation payment, or reimbursement for a national test for
admission, national test for credit, or a licensing or certification
test.
* * * * *
(e) Before VA will pay a reporting fee, an educational institution
must certify that--
(1) It has exercised reasonable diligence in determining whether it
or any courses approved for VA education benefits offered by it meet
all the applicable requirements of 10 U.S.C. 510, chapter 1606, or
chapter 1607 or 38 U.S.C. 30, 32, 33, 35, or 36;
(2) It will, without delay, report any failure to meet any
requirement to VA; and
(3) The reporting fees received after January 4, 2011, will be used
solely for the purpose of making certifications for VA educational
assistance under 10 U.S.C. 510, chapter 1606, or chapter 1607 or 38
U.S.C. 30, 32, 33, 35, or 36 or for supporting programs for veterans.
(f)(1) Paragraph (a) of this section issued under the authority of
10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3684(c);
(2) Paragraph (b) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3684(c);
(3) Paragraph (c) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3684(c);
(4) Paragraph (d) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3684(c); and
(5) Paragraph (e) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3684(c).
* * * * *
0
11. Revise Sec. 21.4235 to read as follows:
Sec. 21.4235 Programs of education that include flight training.
VA will use the provisions of this section to determine whether an
individual may be paid educational assistance for pursuit of flight
training. See Sec. 21.4263 for approval of flight courses for VA
training.
(a) Eligibility. An individual who is otherwise eligible to receive
educational assistance under 38 U.S.C. chapters 30, 32, or 33, or a
reservist eligible for educational assistance under 10 U.S.C. chapters
1606 or 1607, may receive educational assistance for flight training in
an approved program of education provided that the individual meets the
requirements of this paragraph (a). Except when enrolled in a ground
instructor certification course or when pursuing flight training under
paragraph (e) of this section, the individual must--
(1) Possess a valid private pilot certificate or higher pilot
certificate such as a commercial pilot certificate;
(2) If enrolled in a course other than an Airline Transport Pilot
(ATP) course, hold a second-class medical certificate on the first day
of training and, if that course began before October 1, 1998, hold that
certificate continuously during training; and
(3) If enrolled in an ATP certification course, hold a first-class
medical certificate on the first day of training and, if that course
began before October 1, 1998, hold that certificate continuously during
training.
(b) Pursuit of flight courses. (1) VA will pay educational
assistance to an eligible individual for an enrollment in a commercial
pilot certification course leading to Federal Aviation Administration
certification for a particular category even if the individual has a
commercial pilot certificate issued by the Federal Aviation
Administration for a different category, since each category represents
a different vocational objective.
(2) VA will pay educational assistance to an eligible individual
for an enrollment in an instrument rating course only if the individual
simultaneously enrolls in a course required for a commercial pilot
certificate for the category for which the instrument rating course is
pursued or if, at the time of enrollment in the instrument rating
course, the individual has a commercial pilot certificate issued by the
Federal Aviation Administration for such category. The enrollment in an
instrument rating course alone does not establish that the individual
is pursuing a vocational objective, as required for VA purposes, since
that rating equally may be applied to an individual's private pilot
certificate, only evidencing an intent to pursue a non-vocational
objective.
(3) VA will pay educational assistance to an eligible individual
for an enrollment in a flight course other than an instrument rating
course or a ground instructor course, including courses leading to an
aircraft type rating, only if the individual has a commercial pilot
certificate issued by the Federal Aviation Administration for the
category to which the particular course applies.
(4) VA will pay educational assistance to an eligible individual
for an enrollment in a ground instructor certificate course, even
though the individual does not have any other flight certificate issued
by the Federal Aviation Administration, since the Federal Aviation
Administration does not require a flight certificate as a prerequisite
to ground instructor certification and ground instructor is a
recognized vocational objective.
(5) VA will not pay an eligible individual for simultaneous
enrollment in more than one flight course, except as provided in
paragraph (b)(2) of this section.
(c) Some individuals are already qualified for a flight course
objective. (1) The provisions of Sec. Sec. 21.5230(a)(4),
21.7110(b)(4), and 21.7610(b)(4), prohibiting payment of educational
assistance for enrollment in a course for whose objective the
individual is already qualified, apply to enrollments in flight
courses.
(2) A former military pilot with the equivalent of a commercial
pilot certificate and an instrument rating may obtain a commercial
pilot certificate and instrument rating from the Federal Aviation
Administration without a flight exam within 12 months of release from
active duty. Therefore, VA will consider such a veteran to be already
qualified for the objectives of a commercial pilot certification course
and an instrument rating course if begun within 12 months of the
individual's release from active duty.
(d) Some flight courses are refresher training. The provisions of
Sec. Sec. 21.5230(c), 21.7020(b)(26), 21.7122(b), 21.7520(b)(20), and
21.7610(b)(4) that provide limitations on payment for refresher
training that is needed to update an individual's knowledge and skill
in order to cope with technological advances while he or she was on
active duty service apply to flight training.
(1) An individual who held a Federal Aviation Administration
certificate before or during active duty service may have surrendered
that certificate or the Federal Aviation Administration may
[[Page 5332]]
have canceled it. The individual may receive the equivalent of the
number of months of educational assistance necessary to complete the
course that will qualify him or her for the same grade certificate.
(2) A reservist is not eligible for refresher training unless he or
she has had prior active duty.
(e) Flight training at an institution of higher learning. (1) An
individual who is eligible for educational assistance under 10 U.S.C.
chapter 1606 or 1607 or 38 U.S.C. chapter 30, 32, 33, or 35 is exempt
from the provisions of paragraphs (a)(2) through (c) of this section
when his or her courses include flight training that is part of a
program of education that leads to a standard college degree.
(2) An individual described in paragraph (e)(1) of this section may
pursue courses that may result in the individual eventually receiving
recreational pilot certification or private pilot certification,
provided that the courses also lead to a standard college degree.
(f) Authority. (1) Paragraph (a) of this section issued under the
authority of 10 U.S.C. 16136(c); 38 U.S.C. 3034(d), 3241(b);
(2) Paragraph (b) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3002(3)(A), 3034(a), 3202(2)(A), 3241(a),
3241(b), 3452(b), 3680A(a)(3);
(3) Paragraph (c) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3241(b), 3471(4);
(4) Paragraph (d) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3002(3)(A), 3034(a)(3), 3202(2)(A), 3241(a),
3241(b)); and
(5) Paragraph (e) of this section issued under the authority of 10
U.S.C. 16136(b); 38 U.S.C. 3002(3)(A), 3034(a)(3), 3202(2)(A), 3241(a),
3241(b).
0
12. Amend Sec. 21.4253 by:
0
a. Removing the parenthetical authority citation at the end of
paragraph (a); b. Revising paragraph (a) introductory text;
0
c. Removing the parenthetical authority citation at the end of
paragraphs (d)(1)(iv), (d)(3), (5), and (8), (d)(10)(ii), and (e)(1);
and
0
c. Adding paragraph (g).
The revision and addition read as follows:
Sec. 21.4253 Accredited courses.
(a) General. All standard college degree courses offered at
proprietary for-profit institutions and non-college degree courses
offered at proprietary for-profit institutions and public or
proprietary not-for-profit institutions may be approved as accredited
courses if they meet one of the following criteria:
* * * * *
(g) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3675(a);
(2) Paragraphs (b) through (d)(1) of this section issued under the
authority of 38 U.S.C. 3675(a), 3676(b);
(3) Paragraphs (d)(2) and (3) of this section issued under the
authority of 38 U.S.C. 3675(b);
(4) Paragraphs (d)(4) and (5) of this section issued under the
authority of 38 U.S.C. 3474, 3675);
(5) Paragraphs (d)(6) through (8) of this section issued under the
authority of 38 U.S.C. 3675(b), 3676(c)(1), (2), (3);
(6) Paragraph (d)(9) of this section issued under the authority of
38 U.S.C. 3675(b)(3), 3676(c), (f); and
(7) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3675.
* * * * *
0
13. Amend Sec. 21.4259 by:
0
a. Revising paragraphs (a) and (b);
0
b. Removing the parenthetical authority citation at the end of
paragraph (e);
0
c. Adding paragraph (f); and
0
d. Removing the parenthetical authority citation under parenthetical
``(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-
0051)''.
The revision and addition read as follows:
Sec. 21.4259 Suspension or disapproval.
(a) The appropriate State approving agency or the Secretary
(whichever entity approved the program), after approving a program of
education or licensing or certification test--
(1) May suspend the approval of a program of education for new
enrollments or for a licensing or certification test for a period not
to exceed 60 days to allow the institution to correct any deficiencies
if the evidence of record establishes that the program of education or
licensing or certification test fails to meet any of the requirements
for approval.
(2) Will immediately disapprove the program of education or
licensing or certification test if any of the requirements for approval
are not being met and the deficiency cannot be corrected within a
period of 60 days.
(b)(1) Upon suspension or disapproval, the State approving agency
or the Secretary, whichever suspended or disapproved the program of
education, will notify the educational institution by certified or
registered letter with a return receipt secured. It is incumbent upon
the State approving agency or the Secretary to determine the conduct of
the program of education and to take immediate appropriate action in
each case in which it is found that the conduct of the program of
education in any manner fails to comply with the requirements for
approval.
(2)(i) Each State approving agency will immediately notify VA of
each program of education or licensing and certification test that it
has suspended or disapproved.
(ii) The Secretary will immediately notify the appropriate State
approving agency of each program of education or licensing and
certification test that it has suspended or disapproved.
* * * * *
(f) Paragraphs (a) through (e) of this section issued under the
authority of 38 U.S.C. 3679(d).
0
14. Amend Sec. 21.4263 by revising paragraph (a) and removing the
parenthetical authority citation at the end of the paragraph to read as
follows:
Sec. 21.4263 Approval of flight training courses.
(a)(1) A flight program may be approved if--
(i)(A) For 38 U.S.C. chapters 32 and 35 and 10 U.S.C. chapters 1606
and 1607, the flight courses that constitute the program of education
meet Federal Aviation Administration standards for such courses and the
Federal Aviation Administration and the State approving agency approve
them; or
(B) For 38 U.S.C. chapters 30 and 33, effective August 1, 2011, the
flight program is deemed approved (A flight program will be deemed
approved if it is approved by the Federal Aviation Administration and
is offered by a certified pilot school that possesses a valid Federal
Aviation Administration pilot school certificate or provisional pilot
school certificate under 14 CFR part 141. Flight programs offered at
flight schools listed in paragraphs (b)(2) and (3) of this section will
not be approved for VA training under 38 U.S.C. chapters 30 and 33);
and
(ii)(A) The flight training offered by a flight school is generally
accepted as necessary for the attainment of a recognized vocational
objective in the field of aviation; or
(B) The flight training is offered by an institution of higher
learning for credit towards a standard college degree program.
(2) A State approving agency may approve a flight course only if a
flight school or an institution of higher learning offers the course. A
State
[[Page 5333]]
approving agency may not approve a flight course if an individual
instructor offers it.
(3) This paragraph (a) issued under the authority of 10 U.S.C.
16136(c), 16166(c), 38 U.S.C. 3032(e), 3241(b), 3672, 3676, 3680A.
* * * * *
0
15. Amend Sec. 21.4268 by:
0
a. Revising paragraph (a) and removing the parenthetical authority
citation at the end of the paragraph;
0
b. Removing the parenthetical authority citation at the end of
paragraphs (b) through (e);
0
c. Adding paragraph (g); and
0
d. Removing the parenthetical authority citation below the
parenthetical ``(The Office of Management and Budget has approved the
information collection provisions in this section under control number
2900-0051)''; and
The revision and addition read as follows:
Sec. 21.4268 Approval of licensing and certification tests.
(a) Authority to approve licensing and certification tests--(1)
Tests deemed approved. Effective August 1, 2011, a licensure test
offered by a Federal, State, or local government is deemed approved in
accordance with Sec. 21.4150(f).
(2) VA approval. The Secretary of Veterans Affairs delegates to the
Under Secretary for Benefits, and to personnel the Under Secretary for
Benefits may designate within the Education Service of the Veterans
Benefits Administration, the authority to approve licensing and
certification tests and the organizations and entities offering the
tests as provided in Sec. 21.4250(c)(2)(vi).
(3) State approving agency approval. Except for the licensing and
certification tests and organizations or entities offering these tests
that are approved under paragraphs (a)(1) and (2) of this section, the
Secretary of Veterans Affairs delegates to each State approving agency
the authority to approve licensing and certification tests and the
organizations and entities offering these tests located within the
State approving agency's jurisdiction as provided in Sec. 21.4250(a).
* * * * *
(g) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 512(a), 3689(a)(2);
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3689;
(3) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3689(c);
(4) Paragraph (d) of this section issued under the authority of 38
U.S.C. 3689(c);
(5) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3689(d);
(6) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3689.
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
0
16. The authority citation for subpart G continues to read as follows:
Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in
specific sections.
0
17. Amend Sec. 21.5022 by:
0
a. Removing the parenthetical authority citation at the end of
paragraph (a)(1);
0
b. In paragraph (a)(1)(ix), removing ``or'';
0
c. In paragraph (a)(1)(x), removing the period and adding ``; or'' in
its place;
0
d. Adding paragraph (a)(1)(xi);
0
e. Removing the parenthetical authority citation at the end of
paragraphs (a)(2) and (b); and
0
f. Adding paragraph (c).
The additions read as follows:
Sec. 21.5022 Eligibility under more than one program.
(a) * * *
(1) * * *
(xi) Effective August 1, 2011, 10 U.S.C 510 (National Call to
Service).
* * * * *
(c) Authority. (1) Paragraph (a)(1) of this section issued under
the authority of 38 U.S.C. 3322(a), 3681(b), 3695;
(2) Paragraph (a)(2) of this section issued under the authority of
38 U.S.C. 3033(a), 3322(a); and
(3) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3231, 3323(a).
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
0
18. The authority citation for subpart K continues to read as follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in
specific sections.
0
19. Amend Sec. 21.7143 by:
0
a. In paragraph (a)(1)(ix), removing ``or'';
0
b. In paragraph (a)(1)(x), removing the period and adding ``; and'' in
its place;
0
c. Adding paragraph (a)(1)(xi);
0
d. Adding reserved paragraph (a)(2);
0
e. Removing the parenthetical authority citation at the end of
paragraphs (b) and (c); and
0
f. Adding paragraph (d).
The additions read as follows:
Sec. 21.7143 Nonduplication of educational assistance.
(a) * * *
(1) * * *
(xi) Effective August 1, 2011, 10 U.S.C. 510 (National Call to
Service).
(2) [Reserved]
* * * * *
(d) Authority. (1) Paragraphs (a) and (b) of this section issued
under the authority of 10 U.S.C. 16136(b); 38 U.S.C. 3033(a), 3681(b);
and
(2) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3034, 3681.
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
20. The authority citation for subpart L continues to read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
and as noted in specific sections.
0
21. Amend Sec. 21.7642 by:
0
a. Removing the parenthetical authority citation at the end of
paragraph (a);
0
b. In paragraph (a)(9), removing ``or'';
0
c. In paragraph (a)(10), removing the period and adding ``; and'' in
its place;
0
d. Adding paragraph (a)(11);
0
e. Removing the parenthetical authority citation at the end of
paragraphs (c) through (e); and
0
e. Adding paragraph (f).
The additions read as follows:
Sec. 21.7642 Nonduplication of educational assistance.
(a) * * *
(11) Effective August 1, 2011, 10 U.S.C. 510 (National Call to
Service).
* * * * *
(f) Authority. (1) Paragraph (a) of this section issued under the
authority of 10 U.S.C. 16136(b); 38 U.S.C. 3033(a), 3241(a), 3322(a),
3681);
(2) Paragraphs (b) and (c) of this section issued under the
authority of 10 U.S.C. 16134; Pub. L. 98-525);
(3) Paragraph (d) of this section issued under the authority of 10
U.S.C. 16136(b), 38 U.S.C. 3681; Public Law 98-525; and
(4) Paragraph (e) of this section issued under the authority of
Sec. 4492(a), Public Law 102-484, 106 Stat. 2765-2766.
Subpart P--Post-9/11 GI Bill
0
22. The authority citation for subpart P continues to read as follows:
Authority: 38 U.S.C. 501(a), 512, chs. 33, 36 and as noted in
specific sections.
0
23. Amend Sec. 21.9505 by:
0
a. Revising the section heading;
0
b. In the introductory text, removing ``apply.'' and adding in its
place ``apply to provisions effective before August 1, 2011, unless
otherwise noted.'';
[[Page 5334]]
0
c. Revising the definition for ``Active duty'' and removing the
parenthetical authority citation at the end of the definition;
0
d. Adding in alphabetical order the definition for ``Educational
institution'';
0
e. Revising the definition for ``Entry level and skill training'' and
removing the parenthetical authority citation at the end of the
definition;
0
f. Adding in alphabetical order the definition for ``Fugitive felon'';
0
g. Adding a parenthetical with the OMB control number for the approval
of the information collection immediately following the parenthetical
authority citation at the end of the section.
The revisions and additions read as follows:
Sec. 21.9505 Definitions--for provisions effective before August 1,
2011.
* * * * *
Active duty means--
(1) Full-time duty:
(i) In the regular components of the Armed Forces; or
(ii) Under a call or order to active duty under 10 U.S.C. 688,
12301(a), 12301(d), 12301(g), 12302, or 12304.
(2) In the case of a member of the Army National Guard of the
United States or the Air National Guard of the United States, in
addition to service described in paragraph (1)(ii) of this definition,
full-time service--
(i) In the National Guard of a State for the purpose of organizing,
administering, recruiting, instructing, or training the National Guard;
or
(ii) In the National Guard under 32 U.S.C. 502(f) when authorized
by the President or the Secretary of Defense for the purpose of
responding to a national emergency declared by the President and
supported by Federal funds.
(3) Active duty does not include--
(i) Any period during which the individual--
(A) Was assigned full-time by the Armed Forces to a civilian
institution to pursue a program of education that was substantially the
same as programs of education offered to civilians; or
(B) Served as a cadet or midshipman at one of the service
academies; or
(C) Served under the provisions of 10 U.S.C. 12103(d) pursuant to
an enlistment in the Army National Guard, Air National Guard, Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve.
(ii) A period of service--
(A) Required by an officer pursuant to an agreement under 10 U.S.C.
2107(b); or
(B)(1) Required by an officer pursuant to an agreement under 10
U.S.C. 4348, 6959, or 9348; or
(2) Effective for individuals entering into agreements after
January 3, 2011, required by an officer pursuant to an agreement under
14 U.S.C. 1925.
(C) That was terminated because the individual is considered a
minor by the Armed Forces, was erroneously enlisted, or received a
defective enlistment agreement; or
(D) Counted for purposes of repayment of an education loan under 10
U.S.C. chapter 109.
(iii) A period of service after July 31, 2011, used to establish
eligibility under 38 U.S.C. chapter 30 or 32, or 10 U.S.C. chapter 1606
or 1607.
(3) This definition issued under the authority of 38 U.S.C.
101(21)(A), 3301(1), 3311(d), 3322(b), (c); Public Law 111-377, 124
Stat. 4107-4108.
* * * * *
Educational institution has the same meaning as the term
institution of higher learning as defined in Sec. 21.4200(h) for
training pursued prior to August 1, 2011.
(1) This definition issued under the authority of 38. U.S.C.
3323(a).
(2) [Reserved]
* * * * *
Entry level and skill training means--
(1) Basic Combat Training, Advanced Individual Training, and,
effective January 4, 2011, One Station Unit Training for members of the
Army;
(2) Recruit Training (Boot Camp) and Skill Training (``A'' School)
for members of the Navy;
(3) Basic Military Training and Technical Training for members of
the Air Force;
(4) Recruit Training and Marine Corps Training (School of Infantry
Training) for members of the Marine Corps; and
(5) Basic Training and, for individuals entering service on or
after January 4, 2011, Skill Training (or so-called ``A'' School) for
members of the Coast Guard.
(6) This definition issued under the authority of 38 U.S.C.
3301(2).
* * * * *
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.
(4) This definition issued under the authority of 38 U.S.C.
3323(c), 5313B.
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-
0154.)
0
24. Add Sec. 21.9506 to read as follows:
Sec. 21.9506 Definitions--for provisions effective after July 31,
2011.
(a) For the purposes of this subpart (governing the administration
and payment of educational assistance under 38 U.S.C. chapter 33),
effective after July 31, 2011, unless otherwise noted, the following
definitions apply. (See also additional definitions in Sec. Sec.
21.1029 and 21.4200.)
Academic year means the period of time beginning August 1st of each
calendar year and ending July 31st of the subsequent calendar year.
Active duty means--
(i) Full-time duty:
(B) In the regular components of the Armed Forces; orc
(C) Under a call or order to active duty under 10 U.S.C. 688,
12301(a), 12301(d), 12301(g), 12302, or 12304.
(ii) In the case of a member of the Army National Guard of the
United States or the Air National Guard of the United States, in
addition to service described in paragraph (i)(B) of this definition,
full time service--
(A) In the National Guard of a State for the purpose of organizing,
administering, recruiting, instructing, or training the National Guard;
or
(B) In the National Guard under 32 U.S.C. 502(f) when authorized by
the President or the Secretary of Defense for the purpose of responding
to a national emergency declared by the President and supported by
Federal funds.
(iii) Active duty does not include--
(A) Any period during which the individual--
(1) Was assigned full-time by the Armed Forces to a civilian
institution to pursue a program of education that was substantially the
same as programs of education offered to civilians; or
(2) Served as a cadet or midshipman at one of the service
academies; or
(3) Served under the provisions of 10 U.S.C. 12103(d) pursuant to
an enlistment in the Army National Guard, Air National Guard, Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve.
(B) A period of service--
(1) Required by an officer pursuant to an agreement under 10 U.S.C.
2107(b); or
(2)(i) Required by an officer pursuant to an agreement under 10
U.S.C. 4348, 6959, or 9348; or
[[Page 5335]]
(ii) Effective for individuals entering into agreements after
January 3, 2011, required by an officer pursuant to an agreement under
14 U.S.C. 1925.
(3) That was terminated because the individual is considered a
minor by the Armed Forces, was erroneously enlisted, or received a
defective enlistment agreement; or
(4) Counted for purposes of repayment of an education loan under 10
U.S.C. chapter 109.
Advance payment means an amount of educational assistance payable
under Sec. 21.9641(c) for the month or fraction of the month in which
the individual's quarter, semester, or term will begin plus the amount
for the following month.
Course means a unit of instruction required for an approved program
of education that provides an individual with the knowledge and skills
necessary to meet the requirements of the selected educational,
professional, or vocational objective.
Distance learning means the pursuit of a program of education via
distance education as defined in 20 U.S.C. 1003(7).
Educational assistance means all monetary benefits (including but
not limited to tuition, fees, and monthly housing allowances) payable
under 38 U.S.C. chapter 33 to, or on behalf of, individuals who meet
the eligibility requirements for pursuit of an approved program of
education under 38 U.S.C. chapter 33
Educational institution has the same meaning as the term
institution of higher learning as defined in Sec. 21.4200(h).
Enrollment period means a term, quarter, or semester during which
the educational institution offers instruction.
Entry level and skill training means--
(i) For members of the Army--
(A) Basic Combat Training,
(B) Advanced Individual Training, and
(C) Effective January 4, 2011, One Station Unit Training.
(ii) For members of the Navy, Recruit Training (Boot Camp) and
Skill Training (``A'' School).
(iii) For members of the Air Force, Basic Military Training and
Technical Training.
(iv) For members of the Marine Corps, Recruit Training and Marine
Corps Training (School of Infantry Training).
(v) For members of the Coast Guard--
(A) Basic Training; and
(B) For individuals entering service on or after January 4, 2011,
Skill Training (or so-called ``A'' School).
Fees mean any mandatory charges (other than tuition, room, and
board) that are applied by the educational institution for pursuit of
an approved program of education. Fees include, but are not limited to,
health premiums, freshman fees, graduation fees, and lab fees. Fees do
not include those charged for a study abroad course(s) unless the
course(s) is a mandatory requirement for completion of the approved
program of education.
Fugitive felon means an individual identified as such by Federal,
State, or local law enforcement officials and who is a fugitive by
reason of--
(i) 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;
(ii) 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
(iii) Violating a condition of probation or parole imposed for
commission of a felony under Federal or State law.
Institution of higher learning (IHL) means a college, university,
or similar institution, including a technical or business school,
offering postsecondary level academic instruction that leads to an
associate or higher degree if the school is empowered by the
appropriate State education authority under State law to grant an
associate or higher degree. When there is no State law to authorize the
granting of such a degree, the school may be recognized as an
institution of higher learning if it is accredited for degree programs
by a recognized accrediting agency. Such term shall also include a
hospital offering educational programs at the postsecondary level
without regard to whether the hospital grants a postsecondary degree.
Such term shall also includes an educational institution that offers
courses leading to a standard college degree or its equivalent, and is
not located in a State but is recognized as an educational institution
by the Secretary of Education (or comparable official) of the country
or other jurisdiction in which the institution is located.
Lump sum payment means an amount of educational assistance paid for
the entire term, quarter, or semester.
Mitigating circumstances means circumstances beyond the
individual's control that prevent him or her from continuously pursuing
a program of education. The following circumstances are representative
of those that VA considers to be mitigating. This list is not all-
inclusive.
(i) An illness or mental illness of the individual;
(ii) An illness or death in the individual's family;
(iii) An unavoidable change in the individual's conditions of
employment;
(iv) An unavoidable geographical transfer resulting from the
individual's employment;
(v) Immediate family or financial obligations beyond the control of
the individual that require him or her to suspend pursuit of the
program of education to obtain employment;
(vi) Discontinuance of the course by the educational institution;
(vii) Unanticipated active duty for training; or
(viii) Unanticipated difficulties in caring for the individual's
child or children.
Net cost means the amount of in-State tuition and fees the
individual enrolled in a program of education is responsible for paying
after the application of any--
(i) Waiver of, or reduction in, tuition and fees; and
(ii) Scholarship, or other Federal, State, institutional, or
employer-based aid or assistance (other than loans and any funds
provided under section 401(b) of the Higher Education Act of 1965) that
is provided directly to the institution specificially designated for
the sole purpose of reducing the individual's tuition and fee charges.
Non-public institution means a proprietary institution as defined
in Sec. 21.4200(z).
Program of education means a curriculum or combination of courses
pursued at an educational institution that is accepted as necessary to
meet the requirements for a predetermined and identified educational,
professional, or vocational objective. Such term also means any
curriculum or combination of courses pursued at an educational
institution that is accepted as necessary to meet the requirements for
more than one predetermined and identified educational, professional,
or vocational objective if all the objectives pursued are generally
recognized as being reasonably related to a single career field. The
curriculum or combination of courses pursued must be listed in the
educational institution's catalog and included in the approval notice
provided by the State approving agency to VA in accordance with Sec.
21.4258(b)(iv).
Pursuit means to work, during a certified enrollment period,
towards the objective of a program of education. This work must be in
accordance with approved institutional policy and applicable criteria
of title 38 of the U.S.
[[Page 5336]]
Code, and must be necessary to reach the program's objective.
Rate of pursuit means the measurement obtained by dividing the
number of course hours (or the equivalent hours as determined in Sec.
21.9750) that an individual is pursuing, including hours applied to
refresher, remedial, and deficiency courses, by the number of hours
considered to be full-time training at the educational institution. The
resulting percentage (rounded to the nearest hundredth) will be the
individual's rate of pursuit not to exceed 100 percent. For the purpose
of this subpart, VA will consider any rate of pursuit higher than 50
percent to be more than one-half time training. Transferor means an
individual who is entitled to educational assistance under the Post-9/
11 GI Bill based on his or her own active duty service and who is
approved by the military department to transfer all or a portion of his
or her entitlement to one or more dependents.
(b)(1)The Academic year definition in this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(a);
(2) The Active Duty definition in this section issued under the
authority of 38 U.S.C. 101(21)(A), 3301(1), 3311(d), 3322(b), (c);
Public Law 111-377, 124 Stat. 4107-4108;
(3) The Advance payment definition in this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(d);
(4) The Course definition in this section issued under the
authority of 38 U.S.C. 3323(c);
(5) The Distance learning definition in this section issued under
the authority of 20 U.S.C. 1003(7); 38 U.S.C. 3323(c);
(6) The Educational assistance definition in this section issued
under the authority of 38 U.S.C. 3313;
(7) The Educational institution definition in this section issued
under the authority of 38. U.S.C. 3323(a);
(8) The Enrollment period definition in this section issued under
the authority of 38 U.S.C. 3034(a), 3323(a), 3680(g);
(9) The Entry level and skill training definition in this section
issued under the authority of 38 U.S.C. 3301(2);
(10) The Fees definition in this section issued under the authority
of 38 U.S.C. 501(a), 3323(c);
(11) The Fugitive felon definition in this section issued under the
authority of 38 U.S.C. 3323(c), 5313B;
(12) The Institution of higher learning (IHL) definition in this
section issued under the authority of 38 U.S.C. 3034(a), 3313(b),
3323(a), 3452(f);
(13) The Lump sum payment definition in this section issued under
the authority of 38 U.S.C. 3323(c);
(14) The Mitigating circumstances definition in this section issued
under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(a)(1);
(15) The Net cost definition in this section issued under the
authority of 38 U.S.C. 3313, 3323(c);
(16) The Non-public institution definition in this section issued
under the authority of 38 U.S.C. 3323(c);
(17) The Program of education definition in this section issued
under the authority of 38 U.S.C. 3034(a), 3301, 3323(a), 3452(b);
(18) The Pursuit definition in this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(g);
(19) The Rate of pursuit definition in this section issued under
the authority of 38 U.S.C. 3323, 3680;
(20) The Transferor definition in this section issued under the
authority of 38 U.S.C. 3319.
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-
0154.)
0
25. Revise Sec. 21.9520 to reads as follows:
Sec. 21.9520 Basic eligibility.
An individual may establish eligibility for educational assistance
under 38 U.S.C. chapter 33, if he or she--
(a) Serves on active duty after September 10, 2001, for a minimum
of 90 aggregate days, excluding entry level and skill training (to
determine when entry level and skill training may be included in the
total creditable length of service, see Sec. 21.9640(a) or Sec.
21.9641(a), whichever is applicable) and, after completion of such
service--
(1) Continues on active duty;
(2) Is discharged from service with an honorable discharge;
(3) Is released from service characterized as honorable and placed
on the retired list, temporary disability retired list, or transferred
to the Fleet Reserve or the Fleet Marine Corps Reserve;
(4) Is released from service characterized as honorable for further
service in a reserve component; or
(5)(i) Before January 4, 2011, is discharged or released from
service for:
(A) A medical condition that preexisted such service and is not
determined to be service-connected;
(B) Hardship, as determined by the Secretary of the military
department concerned; or
(C) A physical or mental condition that interfered with the
individual's performance of duty but was not characterized as a
disability and did not result from the individual's own misconduct;
(ii) On or after January 4, 2011, is discharged or released from
service with an honorable discharge for:
(A) A medical condition that preexisted such service and is not
determined to be service-connected;
(B) Hardship, as determined by the Secretary of the military
department concerned; or
(C) A physical or mental condition that interfered with the
individual's performance of duty but was not characterized as a
disability and did not result from the individual's own misconduct;
(b) Serves on active duty after September 10, 2001, for a minimum
of 30 continuous days and, after completion of such service, is
discharged from active duty under other than dishonorable conditions
due to a service-connected disability; or
(c)(1) After meeting the minimum service requirements in paragraph
(a) or (b) of this section--
(i) An individual makes an irrevocable election to receive benefits
under 38 U.S.C. chapter 33 by relinquishing eligibility under either 38
U.S.C. chapter 30, or 10 U.S.C. chapter 106a, 1606, or 1607, if
eligible for such benefits;
(ii) A member of the Armed Forces who is eligible for educational
assistance under 38 U.S.C. chapter 30 and who is making contributions
towards educational assistance under 38 U.S.C. chapter 30 in accordance
with 38 U.S.C. 3011(b) or 3012(c) makes an irrevocable election to
receive benefits under 38 U.S.C. chapter 33; or
(iii) A member of the Armed Forces who made an election not to
receive educational assistance under 38 U.S.C. chapter 30 in accordance
with 38 U.S.C. 3011(c)(1) or 3012(d)(1) makes an irrevocable election
to receive benefits under 38 U.S.C. chapter 33.
(2) An individual may make an irrevocable election to receive
benefits under this chapter by properly completing VA Form 22-1990,
submitting a transfer-of-entitlement designation under this chapter to
the Department of Defense, or submitting a written statement that
includes the following--
(i) Identification information (including name, social security
number, and address);
(ii) If applicable, an election to receive benefits under 38 U.S.C.
chapter 33 in lieu of benefits under one of the applicable chapters
listed in paragraph (c)(1)(i) of this section (e.g., ``I elect to
[[Page 5337]]
receive benefits under the Post-9/11-GI Bill in lieu of benefits under
the Montgomery GI Bill--Active Duty (chapter 30) program.'');
(iii) The date the individual wants the election to be effective
(e.g., ``I want this election to take effect on August 1, 2009.''). An
election request for an effective date prior to August 1, 2009, will
automatically be effective August 1, 2009; and
(iv) An acknowledgement that the election is irrevocable (e.g., ``I
understand that my election is irrevocable and may not be changed.'');
or
(d) Is the child of a person who, after September 10, 2001, died in
the line of duty while serving on active duty as a member of the Armed
Forces. For purposes of this paragraph (d), the term ``child'' means an
individual who meets the requirements of Sec. 3.57 of this chapter,
except as to age and marital status. With regard to age and marital
status, the term includes individuals who are--
(1) Married; or
(2) Over the age of 23.
(e) Paragraphs (a) through (d) of this section issued under the
authority of 38 U.S.C. 3311; Public Law 110-252, 111-32, Stat. 1859,
2375-2376.
(The Office of Management and Budget has approved the information
collection provision in this section under control numbers 2900-0154
and 2900-0098.)
Sec. 21.9525 [Amended]
0
26. Amend Sec. 21.9525 by removing ``under Sec. 21.9640(b)(1)(ii) or
(b)(2)(ii)'' wherever it appears and adding in its place ``under Sec.
21.9640(b)(1)(ii) or (b)(2)(ii) or Sec. 21.9641(c)''.
0
27. Amend Sec. 21.9530 by:
0
a. In paragraph (a), removing ``through (e)'' and adding in its place
``through (f)''; b. Removing the parenthetical authority citation at
the end of paragraphs (c) through (e);
0
c. Adding paragraphs (f) and (g); and
0
d. Adding at the end of the section a parenthetical with the OMB
control number for the approval of the information collection.
The additions read as follows:
Sec. 21.9530 Eligibility time limit.
* * * * *
(f) Time limit for child eligible under Sec. 21.9520(d) (Marine
Gunnery Sergeant John David Fry Scholarship). (1) In the case of a
child who first becomes entitled to educational assistance under Sec.
21.9520(d) before January 1, 2013, the period during which the child
may use his or her entitlement expires the day the child turns 33; or
(2) In the case of a child who first becomes entitled to
educational assistance under Sec. 21.9520(d) on or after January 1,
2013, the period during which the child may use his or her entitlement
never expires.
(g) Authority. (1) Paragraphs (a) through (c) of this section
issued under the authority of 38 U.S.C. 3311(c), 3321;
(2) Paragraph (d) of this section issued under the authority of 38
U.S.C. 3319;
(3) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3319; and
(4) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3321(b).
(The Office of Management and Budget has approved the information
collection provision in this section under control number 2900-
0098.)
0
28. Revise Sec. 21.9550 to read as follows:
Sec. 21.9550 Entitlement.
(a) Subject to the provisions of Sec. 21.4020 and this section, an
eligible individual is entitled to a maximum of 36 months of
educational assistance (or its equivalent in part-time educational
assistance) under 38 U.S.C. chapter 33.
(b)(1) An individual who, as of August 1, 2009, has used
entitlement under 38 U.S.C. chapter 30, but retains unused entitlement
under that chapter, makes an irrevocable election to receive
educational assistance under the provisions of 38 U.S.C. chapter 33
instead of educational assistance under the provisions of chapter 30,
will be limited to one month (or partial month) of entitlement under
chapter 33 for each month (or partial month) of unused entitlement
under chapter 30 (including any months of chapter 30 entitlement
previously transferred to a dependent that the individual has revoked).
(2) An individual who has not used any entitlement under 38 U.S.C.
chapter 30 or has not revoked any months of chapter 30 entitlement by
transferring to a dependent and who makes an irrevocable election to
receive educational assistance under the provisions of 38 U.S.C.
chapter 33 instead of educational assistance under the provisions of
chapter 30 will be entitled to 36 months of educational assistance
under chapter 33.
(c) Except as provided in Sec. Sec. 21.9560(d), 21.9561(g),
21.9570(m), 21.9571(m), 21.9635(o), and 21.9636(o), no individual is
entitled to more than 36 months of full-time educational assistance
under 38 U.S.C. chapter 33.
(Authority: 38 U.S.C. 3034(a), 3312(a), 3323(a), 3695; Pub. L. 110-
252, 122 Stat. 2377)
0
29. Amend Sec. 21.9560 by revising the section heading and adding
introductory text to read as follows:
Sec. 21.9560 Entitlement charges--for provisions effective before
August 1, 2011.
For training that occurs before August 1, 2011--
* * * * *
0
30. Add Sec. 21.9561 to read as follows:
Sec. 21.9561 Entitlement charges--for provisions effective after July
31, 2011.
For training that begins after July 31, 2011--
(a) Training pursued at an IHL. The entitlement charge for an
individual pursuing training at an IHL will be one of the following:
(1) During any period for which VA pays net costs or a Yellow
Ribbon Program payment to the institution of higher learning on the
individual's behalf, the individual will be charged a percentage of a
day equal to the individual's rate of pursuit for each day of the
certified enrollment period;
(2) During any period for which VA does not pay net costs or a
Yellow Ribbon Program payment to the institution of higher learning on
the individual's behalf but pays a monthly housing allowance or an
increase (``kicker'') to the individual, the individual will be charged
a percentage of a day equal to the individual's rate of pursuit for
each day of the certified enrollment period for each day the individual
received a monthly housing allowance or an increase (``kicker''); and
(3) During any period for which VA does not pay net costs or Yellow
Ribbon Program payment to the institution of higher learning on the
individual's behalf or a monthly housing allowance or an increase
(``kicker'') to the individual but makes a lump sum payment to the
individual for books, supplies, equipment, and other educational costs,
VA will make an entitlement charge of 1 day for every $41.67 paid, with
any remaining amount rounded to the nearest amount evenly divisible by
$41.67.
(b) Training pursued at a non-college degree institution. The
entitlement charge for an individual pursuing a certificate or other
non-college degree at a non-college degree institution will be one of
the following:
(1) During any period for which VA pays tuition and fees to the
non-college degree institution on the individual's behalf, the
individual will be charged entitlement equal to the number of months,
and fraction thereof measured in days, determined by dividing the total
amount paid by the amount equal to 1/12th of the amount applicable in
[[Page 5338]]
the academic year in which payment is made under Sec.
21.9641(b)(3)(ii) or (iii).
(2) During any period for which VA does not pay net costs to the
non-college degree institution on the individual's behalf but pays a
monthly housing allowance or an increase (``kicker'') to the
individual, the individual will be charged a percentage of a day equal
to the individual's rate of pursuit for each day of the certified
enrollment period for each day the individual received a monthly
housing allowance or an increase (``kicker'').
(3) During any period for which VA does not pay net costs to the
non-college degree institution on the individual's behalf or a monthly
housing allowance or an increase (``kicker'') to the individual but
makes a lump sum payment to the individual for books, supplies,
equipment, and other educational costs, VA will make an entitlement
charge of 1 day for every $41.67 paid, with any remaining amount
rounded to the nearest amount evenly divisible by $41.67.
(c) Apprenticeship or other on-the-job training. For each month an
individual is paid educational assistance while pursuing an approved
apprenticeship or other on-the-job training program, VA will make a
charge against entitlement of--
(1) During the first 6-month period of the program, 1 month for
each month of training pursued.
(2) During the second 6-month period of the program, .80 of a month
for each month of training pursued.
(3) During the third 6-month period of the program, .60 of a month
for each month of training pursued.
(4) During the fourth 6-month period of the program, .40 of a month
for each month of training pursued.
(5) After the first 24 months of the program, .20 of a month for
each month of training pursued.
(d) Flight training. An individual pursuing a non-college degree
program consisting of flight training will be charged entitlement equal
to the number of months, and fraction thereof measured in days,
determined by dividing the total amount paid by 1/12th of the amount
applicable in the academic year in which payment is made under Sec.
21.9641(b)(5)(ii) or (iii).
(e) Correspondence training. An individual pursuing a program of
education by correspondence will be charged entitlement equal to the
number of months, and fraction thereof measured in days, determined by
dividing the total amount paid by 1/12th of the amount applicable in
the academic year in which payment is made under Sec.
21.9641(b)(6)(ii) or (iii).
(f) Licensing or certification tests and national tests. When an
individual receives educational assistance for taking an approved
licensing or certification test, national test for admission, or
national test for credit, VA will make a charge against entitlement for
each payment made to him or her. The charge will be determined by--
(1) Dividing the total amount of the payment by--
(i) For the academic year beginning August 1, 2011, $1460; or
(ii) For the academic year beginning on any subsequent August 1,
the amount for the previous academic year, as increased under 38 U.S.C.
3015(h) (but for a licensing or certification test the amount will not
be greater than $2,000); and
(2)(i) For tests taken prior to August 1, 2018, rounding the result
of paragraph (f)(1) of this section to the nearest whole month. The
charge must be at least one month.
(ii) For test taken on or after August 1, 2018, multiplying the
result of paragraph (f)(1) of this section by 30, rounding to the
nearest whole day. The charge must be at least one day.
(g) No entitlement charge. VA will not make a charge against an
individual's entitlement--
(1) For tutorial assistance as provided under Sec. 21.9685; or
(2) For the rural relocation benefit as provided under Sec.
21.9660; or
(3) For receipt of a work-study allowance as provided under Sec.
21.4145.
(4) For pursuit of a course or courses when the individual--
(i) Had to discontinue the course or courses as a result of being--
(A) Ordered to active duty service under 10 U.S.C. 688, 12301(a),
12301(d), 12301(g), 12302, or 12304; or
(B) While on active duty service, ordered to a new duty location or
assignment or to perform an increased amount of work; and
(ii) Did not receive credit or lost training time for any portion
of the period of enrollment in the course or courses for which the
eligible individual was pursuing to complete his or her approved
educational, professional, or vocational objective as a result of
having to discontinue pursuit.
(h) Interruption to conserve entitlement. An individual may not
interrupt a certified period of enrollment for the purpose of
conserving entitlement. An educational institution may not certify a
period of enrollment for a fractional part of the normal term, quarter,
or semester if the individual is enrolled for the entire term, quarter,
or semester. VA will make a charge against entitlement for the entire
period of certified enrollment, if the individual is otherwise eligible
for educational assistance, except when educational assistance is
interrupted for any of the following conditions:
(1) Enrollment is terminated;
(2) The individual cancels his or her enrollment for the entire
certified period of enrollment; or
(3) The individual requests interruption or cancellation for any
break when the school was closed during a certified period of
enrollment, and VA continued payments under an established policy based
upon an Executive Order of the President or an emergency situation
regardless of whether or not the individual received a payment for
educational assistance provided under this chapter for any part of the
certified enrollment period.
(i) Overpayment cases. VA will make a charge against entitlement
for an overpayment only if the overpayment is discharged in bankruptcy,
is waived and not recovered, or is compromised.
(1) If the overpayment is discharged in bankruptcy or is waived and
not recovered, the charge against entitlement will be the appropriate
rate for the elapsed period covered by the overpayment (exclusive of
interest, administrative costs of collection, court costs and marshal
fees).
(2) If the overpayment is compromised and the compromise offer is
less than the amount of interest, administrative costs of collection,
court costs and marshal fees, the charge against entitlement will be at
the appropriate rate for the elapsed period covered by the overpayment
(exclusive of interest, administrative costs of collection, court costs
and marshal fees).
(3) If the overpayment is compromised and the compromise offer is
equal to or greater than the amount of interest, administrative costs
of collection, court costs and marshal fees, the charge against
entitlement will be determined by--
(i) Subtracting from the sum paid in the compromise offer the
amount attributable to interest, administrative costs of collection,
court costs and marshal fees;
(ii) Subtracting the remaining amount of the overpayment balance as
determined in paragraph (i)(3)(i) of this section from the amount of
the original overpayment (exclusive of interest, administrative costs
of collection, course costs and marshal fees);
(iii) Dividing the result obtained in paragraph (i)(3)(ii) of this
section from the amount of the original overpayment (exclusive of
interest, administrative
[[Page 5339]]
costs of collection, court costs and marshal fees); and
(iv) Multiplying the percentage obtained in paragraph (i)(3)(iii)
of this section by the amount of entitlement otherwise chargeable for
the period of the original overpayment.
(j) Authority. (1) Paragraphs (a) through (f) of this section
issued under the authority of 38 U.S.C. 3315, 3315A;
(2) Paragraph (g)(1) of this section issued under the authority of
38 U.S.C. 3314;
(3) Paragraph (g)(2) of this section issued under the authority of
38 U.S.C. 3318;
(4) Paragraph (g)(3) of this section issued under the authority of
38 U.S.C. 3485;
(5) Paragraph (g)(4) of this section issued under the authority of
38 U.S.C. 3312(c);
(6) Paragraph (h) of this section issued under the authority of 38
U.S.C. 3323(c); and
(7) Paragraph (i) of this section issued under the authority of 38
U.S.C. 3034(a), 38 U.S.C. 3323(a), 3685.
0
31. Amend Sec. 21.9570 by:
0
a. Revising the section heading;
0
b. In the introductory text, removing ``An individual'' and adding in
its place ``For training that occurs before August 1, 2011, an
individual'';
0
c. Adding a parenthetical with the OMB control number for the approval
of the information collection at the end of the section.
The revision and addition read as follows:
Sec. 21.9570 Transfer of entitlement--for provisions effective before
August 1, 2011.
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-
0154.)
0
32. Add Sec. 21.9571 to read as follows:
Sec. 21.9571 Transfer of Entitlement--for provisions effective after
July 31, 2011.
For training that occurs after July 31, 2011, an individual
entitled to educational assistance under 38 U.S.C. chapter 33 based on
his or her own service as a member of the Uniformed Services, and who
is approved by a service department to transfer entitlement, may
transfer up to a total of 36 months of his or her entitlement to a
dependent (or among dependents). A transferor may not transfer an
amount of entitlement that is greater than the entitlement he or she
has available at the time of transfer.
(a) Application of sections in subpart P to individuals in receipt
of transferred entitlement. In addition to the rules in this section,
the following sections apply to a dependent using transferred
entitlement in the same manner as they apply to the individual from
whom entitlement was transferred.
(1) Definitions. Section 21.9506--Definitions--for provisions
effective after July 31, 2011.
(2) Claims and applications. Section 21.9510--Claims, VA's duty to
assist, and time limits.
(3) Eligibility. (i) Section 21.9530--Eligibility time limit,
paragraphs (d) and (e) of this section only; and
(ii) Section 21.9535--Extended period of eligibility, except that
extensions to dependents are subject to the transferor's right to
revoke or modify transfer at any time and that VA may only extend a
child's ending date to the date the child attains age 26.
(4) Entitlement. (i) Section 21.9550--Entitlement;
(ii) Section 21.9561--Entitlement charges--for provisions effective
after July 31, 2011.
(5) Counseling. (i) Section 21.9580--Counseling;
(ii) Section 21.9585--Travel expenses.
(6) Approved programs of education and courses. (i) Section
21.9591--Approved programs of education and courses--for provisions
effective after July 31, 2011;
(ii) Section 21.9601--Overcharges--for provisions effective after
July 31, 2011.
(7) Payments--Educational assistance. (i) Section 21.9620--
Educational assistance;
(ii) Section 21.9626--Beginning dates--for provisions effective
after July 31, 2011, except for paragraphs (e), (g), (h), (k), or (l)
of this section;
(iii) Section 21.9630--Suspension or discontinuance of payments;
(iv) Section 21.9636--Discontinuance dates--for provisions
effective after July 31, 2011, except for paragraphs (o) and (v) of
this section;
(v) Section 21.9660--Rural relocation benefit;
(vi) Section 21.9667--Reimbursement for licensing or certification
tests--for provisions effective after July 31, 2011;
(vii) Section 21.9668--Reimbursement for national tests;
(viii) Section 21.9670--Work-study allowance;
(ix) Section 21.9676--Conditions that result in reduced rates or no
payment--for provisions effective after July 31, 2011;
(x) Section 21.9681--Certifications and release of payments--for
provisions effective after July 31, 2011;
(xi) Section 21.9685--Tutorial assistance;
(xii) Section 21.9691--Nonduplication of educational assistance--
for provisions effective after July 31, 2011;
(xiii) Section 21.9695--Overpayments, except that the dependent and
transferor are jointly and severally liable for any amount of
overpayment of educational assistance to the dependent; and
(xiv) Section 21.9700--Yellow Ribbon Program.
(8) Pursuit of courses. (i) Section 21.9710--Pursuit;
(ii) Section 21.9715--Advance payment certification;
(iii) Section 21.9721--Certification of enrollment--for provisions
effective after July 31, 2011;
(iv) Section 21.9725--Progress and conduct;
(v) Section 21.9735--Other required reports;
(vi) Section 21.9740--False, late, or missing reports; and
(vii) Section 21.9745--Reporting fee.
(9) Course assessment. Section 21.9750--Course measurement.
(10) Administrative. Section 21.9770--Administrative.
(b) Eligible dependents. (1) An individual transferring entitlement
under this section may transfer entitlement to:
(i) The individual's spouse;
(ii) One or more of the individual's children; or
(iii) A combination of the individuals referred to in paragraphs
(b)(1)(i) and (ii) of this section.
(2) A spouse must meet the definition of spouse in Sec. 3.50(a) of
this chapter at the time of transfer.
(3) A child must meet the definition of child in Sec. 3.57 of this
chapter at the time of transfer. The transferor must make the required
designation shown in paragraph(d)(1) of this section before the child
attains the age of 23.
(4) A stepchild, who meets VA's definition of child in Sec. 3.57
of this chapter at the time of transfer and who is temporarily not
living with the transferor, remains a member of the transferor's
household if the actions and intentions of the stepchild and transferor
establish that normal family ties have been maintained during the
temporary absence.
(c) Timeframe during which an individual may transfer entitlement.
An individual approved by his or her department to transfer entitlement
may do so at any time while serving as a member of the uniformed
services, subject to the transferor's 15-year period of eligibility as
provided in Sec. 21.9530.
(d) Designating dependents; designating the amount to transfer; and
period of transfer. (1) An individual transferring entitlement under
this section must:
[[Page 5340]]
(i) Designate the dependent or dependents to whom such entitlement
is being transferred;
(ii) Designate the number of months of entitlement to be
transferred to each dependent; and
(iii) Specify the beginning date and ending date of the period for
which the transfer is effective for each dependent. The designated
beginning date may not be earlier than the date the individual requests
approval from his or her service department.
(2) VA will accept the transferor's designations as shown on any
document signed by the transferor that shows the information required
in paragraphs (d)(1)(i) through (iii) of this section.
(e) Maximum months of entitlement transferable. (1) The maximum
amount of entitlement a transferor may transfer is the lesser of:
(i) Thirty-six months of his or her entitlement; or
(ii) The maximum amount authorized by the Secretary of the
department concerned; or
(iii) The amount of entitlement he or she has available at the time
of transfer.
(2) The transferor may transfer up to the maximum amount of
transferable entitlement:
(i) To one dependent; or
(ii) Divided among his or her designated dependents in any manner
he or she chooses.
(f) Revocation of transferred entitlement. (1) A transferor may
revoke any unused portion of transferred entitlement (transferred
entitlement is ``used'' in the amount of the entire enrollment period
on the first day of the enrollment period; therefore, a transferor
cannot revoke the entitlement used for an enrollment period after the
enrollment period has begun) at any time by submitting a written notice
to both the Secretary of Veterans Affairs and the Secretary of the
department concerned that initially approved the transfer of
entitlement. VA will accept a copy of the written notice addressed to
the Secretary of the department concerned as sufficient written
notification to VA.
(2) The revocation will be effective the later of--
(i) The date VA receives the notice of revocation; or
(ii) The date the department concerned receives the notice of
revocation.
(g) Modifying a transfer of entitlement. (1) A transferor may
modify the designations he or she made under paragraph (d) of this
section at any time, except that a modification of a beginning date
under paragraph (d)(1)(iii) of this section must be effective on or
after the date the modification is submitted. Any modification made
will apply only with respect to unused transferred entitlement
(transferred entitlement is ``used'' in the amount of the entire
enrollment period on the first day of the enrollment period; therefore,
a transferor cannot revoke the entitlement used for an enrollment
period after the enrollment period has begun). The transferor must
submit a written notice to both the Secretary of Veterans Affairs and
the Secretary of the department concerned that initially approved the
transfer of entitlement. VA will accept a copy of the written notice
addressed to the department as sufficient written notification to VA.
(2) The modification will be effective the later of--
(i) The date VA receives the notice of modification; or
(ii) The date the department concerned receives the notice of
modification.
(h) Prohibition on treatment of transferred entitlement as marital
property. Entitlement transferred under this section may not be treated
as marital property, or the asset of a marital estate, subject to
division in a divorce or other civil proceeding.
(i) Entitlement charge to transferor. VA will reduce the
transferor's entitlement at the rate of 1 month of entitlement for each
month of transferred entitlement used by a dependent or dependents.
(j) Secondary school diploma (or equivalency certificate). Children
who have reached age 18 and spouses may use transferred entitlement to
pursue and complete the requirements of a secondary school diploma (or
equivalency certificate).
(k) Rate of payment of educational assistance. VA will apply the
rules in Sec. 21.9641 (and Sec. Sec. 21.9650 and 21.9655 when
applicable) to determine the educational assistance rate that would
apply to the transferor. VA will pay the dependent and/or the
dependent's institution of higher learning (or school, educational
institution, or institution as defined in Sec. 21.4200(a) if the
dependent is using transferred entitlement to pursue and complete the
requirements of a secondary school diploma or equivalency certificate)
the amounts of educational assistance payable under 38 U.S.C. chapter
33 in the same manner and at the same rate as if the transferor were
enrolled in the dependent's program of education, except that VA will--
(1) Disregard the fact that either the transferor or the dependent
child is (or both are) on active duty, and pay the veteran rate to a
dependent child;
(2) Pay the veteran rate to a surviving spouse; and
(3) Proportionally adjust the payment amounts, other than the book
stipend, a dependent would otherwise receive under Sec. 21.9641 if the
dependent's months of entitlement will exhaust during the certified
enrollment period, by--
(i) Determining the amount of payment for the net cost of tuition
and fees the dependent would otherwise be eligible to receive for the
entire enrollment period, then dividing this amount by the number of
days in the dependent's quarter, semester, or term, as applicable, to
determine the dependent's daily rate, then determining the actual
amount of payment for the net cost of tuition and fees to be paid by
multiplying the dependent's daily rate by his or her remaining months
and days of entitlement to educational assistance as provided under
Sec. 21.9571; and
(ii) Discontinuing the dependent's monthly housing allowance
effective as of the date the dependent's months and days of entitlement
exhausts.
(l) Transferor fails to complete required service contract that
afforded participation in the transferability program. (1) Dependents
are not eligible for transferred entitlement if the transferor fails to
complete the amount of service he or she agreed to serve in the
uniformed services in order to participate in the transferability
program, unless--
(i) The transferor did not complete the service due to:
(A) His or her death;
(B) A medical condition that preexisted such service on active duty
and that the Secretary of the department concerned determines is not
service-connected;
(C) A hardship, as determined by the Secretary of the department
concerned; or
(D) A physical or mental condition that was not characterized as a
disability and did not result from the individual's own willful
misconduct but interfered with the individual's performance of duty, as
determined by the Secretary of the department concerned; or
(ii) The transferor is considered to have completed his or her
service agreement as a result of being discharged for--
(A) A disability; or
(B) A reduction in force.
(2) VA will treat all payments of educational assistance to
dependents as overpayments if the transferor does not complete the
required service unless the
[[Page 5341]]
transferor does not complete the required service due to one of the
reasons stated in paragraph (l)(1)(i) of this section or the transferor
was not discharged for one of the reasons stated in paragraph
(l)(1)(ii) of this section.
(m) Dependent is eligible for educational assistance under this
section and is eligible for educational assistance under 38 U.S.C.
chapter 33 based on his or her own service. Dependents who are eligible
for payment of educational assistance through transferred entitlement
and are eligible for payment under 38 U.S.C. chapter 33 based on their
own active service are not subject to the 48-month limit on training
provided for in Sec. 21.4020 when combining transferred entitlement
with their own entitlement earned under 38 U.S.C. chapter 33. If the
dependent is awarded educational assistance under another program
listed in Sec. 21.4020 (other than 38 U.S.C. chapter 33), the 48-month
limit on training will apply.
(n) Authority. (1) Paragraph (a)(1) through (a)(7)(xiii) of this
section issued under the authority of 38 U.S.C. 3319;
(2) Paragraph (a)(7)(xiv) of this section issued under the
authority of 38 U.S.C. 3317;
(3) Paragraph (a)(8) through (10) of this section issued under the
authority of 38 U.S.C. 3319;
(4) Paragraphs (b) through (k) of this section issued under the
authority of 38 U.S.C. 3319;
(5) Paragraph (l) of this section issued under the authority of 38
U.S.C. 3034(a), 3311(c)(4), 3319); and
(6) Paragraph (m) of this section issued under the authority of 38
U.S.C. 3034(a), 3319, 3322, 3323(a), 3695).
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-
0154.)
0
33. Amend Sec. 21.9590 by revising the section heading and adding
introductory text to read as follows:
Sec. 21.9590 Approved programs of education and courses--for
provisions effective before August 1, 2011.
For training that occurs prior to August 1, 2011--
* * * * *
0
34. Add Sec. 21.9591 to read as follows:
Sec. 21.9591 Approved programs of education and courses--for
provisions effective after July 31, 2011.
For training that begins on or after August 1, 2011--
(a) Basis for education assistance payments. Payments of
educational assistance are based on pursuit of a program of education.
In order to receive educational assistance under 38 U.S.C. chapter 33,
an eligible individual must--
(1) Be pursuing an approved program of education;
(2) Be pursuing refresher, remedial, or deficiency courses as these
courses are defined in Sec. 21.7020(b);
(3) Be pursuing other preparatory or special education or training
courses necessary to enable the individual to pursue an approved
program of education;
(4) Have taken an approved licensing or certification test,
national test for admission, or national test for credit for which he
or she is requesting reimbursement; or
(5) Be an individual who has taken a course for which the
individual received tuition assistance provided under a program
administered by the Secretary of a military department under 10 U.S.C.
2007(a) or (c), for which the individual is requesting educational
assistance for the amount of tuition and fees not covered by military
tuition assistance.
(b) Approval of the selected program of education. Subject to
paragraph (a) of this section, VA will approve a program of education
under 38 U.S.C. chapter 33 selected by the individual if:
(1) The program meets the definition of a program of education in
Sec. 21.9506; (2) Except for a program consisting of a licensing or
certification test, a national test for admission, or a national test
for credit, the program has an educational, vocational, or professional
objective as described in Sec. 21.7020(b)(13) or (22);
(3) The courses, subjects, licensing or certification tests,
national tests for admission, or national tests for credit in the
program are approved for VA training; and
(4) Except for a program consisting of a licensing or certification
test designed to help the individual maintain employment in a vocation
or profession, or for a program consisting of a national test for
admission or a national test for credit, the individual is not already
qualified for the objective of the program.
(c) Change of program. In determining whether an individual may
change his or her selected program of education, VA will apply the
provisions of Sec. 21.4234.
(d) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3313, 3315, 3315A, 3323(a), 3689; and
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3471, 3689.
0
35. Amend Sec. 21.9600 by revising the section heading and adding
introductory text to read as follows:
Sec. 21.9600 Overcharges--for provisions effective before August 1,
2011.
The provisions of this section apply to enrollment periods that
begin before August 1, 2011.
* * * * *
0
36. Add Sec. 21.9601 to read as follows:
Sec. 21.9601 Overcharges--for provisions effective after July 31,
2011.
The provisions of this section apply to enrollment periods that
begin after July 31, 2011.
(a) Overcharges by educational institutions may result in the
disapproval of enrollments. VA may disapprove an educational
institution for further enrollments if the educational institution
charges an individual, or receives from an individual or from VA on
behalf of an individual, an amount for tuition and fees that exceeds
the tuition and fees that the educational institution requires from
similarly circumstanced individuals enrolled in the same course.
(b) Overcharges by organizations or entities offering licensing or
certification tests, national test for admission, or national tests for
credit may result in disapproval of tests. VA may disapprove an
organization or entity offering a licensing or certification test,
national test for admission, or national test for credit, when the
organization or entity offering the test charges an individual, or
receives from an individual, an amount for fees that exceeds the fees
that the organization or entity requires from similarly circumstanced
individuals taking the same test.
(c) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3690(a); and
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3689(d), 3690(a).
0
37. Revise Sec. 21.9620 to read as follows:
Sec. 21.9620 Educational assistance.
VA will pay educational assistance for an eligible individual's
pursuit of an approved program of education. The eligible individual
and/or the individual's educational institution will receive payment
amounts in accordance with the formulas listed in Sec. Sec. 21.9640
and 21.9641.
(Authority: 38 U.S.C. 3313, 3314, 3315, 3316, 3317)
0
38. Amend Sec. 21.9625 by:
0
a. Revising the section heading;
0
b. In the introductory text, removing ``VA will determine'' and adding
in its
[[Page 5342]]
place ``For a claim submitted during the period beginning August 1,
2009, and ending July 31, 2011, VA will determine''; and.
0
c. Adding paragraph (m).
The revision and addition read as follows:
Sec. 21.9625 Beginning dates--for provisions effective before August
1, 2011.
* * * * *
(m) Fugitive felons. An award of educational assistance to an
otherwise eligible veteran, person, or dependent of a veteran will
begin effective the date the individual ceases to be a fugitive felon,
as shown by evidence, which may include evidence that a warrant for an
offense involving flight is resolved 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.
(5) This paragraph (m) issued under the authorityof 38 U.S.C.
3323(c), 5313B.
0
39. Add Sec. 21.9626 to read as follows:
Sec. 21.9626 Beginning dates--for provisions effective after July 31,
2011.
For a claim submitted after July 31, 2011, VA will determine the
beginning date of an award or increased award of educational assistance
under this section. In no case will the beginning date be earlier than
August 1, 2009, or for training pursued at non-degree institutions
before October 1, 2011. When more than one paragraph in this section
applies, VA will award educational assistance using the latest of the
applicable beginning dates.
(a) Entrance or reentrance including change of program or
educational institution. When an eligible individual enters or reenters
into training (including a reentrance following a change of program or
educational institution), the beginning date of his or her award of
educational assistance will be determined as follows:
(1) For other than a licensing or certification test, a national
test for admission, or a national test for credit. (i) If the award is
an award for the first period of enrollment for which the eligible
individual began pursuing his or her program of education, the
beginning date will be the latest of--
(A) The date the educational institution certifies under paragraph
(b) or (c) of this section;
(B) One year before the date of claim as determined by Sec.
21.1029(b);
(C) The effective date of the approval of the program of education;
(D) One year before the date VA receives approval notice for the
program of education.
(ii) If the award is an award for a second or subsequent period of
enrollment for which the eligible individual is pursuing a program of
education, the effective date of the award will be the latest of--
(A) The date the educational institution certifies under paragraph
(b) or (c) of this section;
(B) The effective date of the approval of the program of education;
or
(C) One year before the date VA receives the approval notice for
the program of education.
(2) For a licensing or certification test. VA will award
educational assistance for the cost of a licensing or certification
test only when the eligible individual takes such test on or after
August 1, 2009--
(i) While the test is approved under 38 U.S.C. chapter 36;
(ii) While the individual is eligible for educational assistance
under this subpart; and
(iii) When the claim for reimbursement for the cost of the test is
submitted within 1 year of the date the test is taken.
(3) For a national test for admission or a national test for
credit. VA will award educational assistance for the cost of a national
test for admission or a national test for credit only when the eligible
individual takes such test after July 31, 2011--
(i) While the test is approved under 38 U.S.C. chapter 36;
(ii) While the individual is eligible for educational assistance
under this chapter; and
(iii) When claim for reimbursement for the cost of the test is
submitted within 1 year of the date the test is taken.
(b) Certification for program of education offered at an IHL. (1)
When the individual enrolls in a course offered by independent study or
distance learning, the beginning date of the award or increased award
of educational assistance will be the date the eligible individual
begins pursuit of the course according to the regularly established
practices of the educational institution.
(2) When the individual enrolls in a resident course, the beginning
date of the award or increased award of educational assistance will be
the first scheduled date of classes for the term, quarter, or semester
in which the eligible individual is enrolled, except as provided in
paragraphs (b)(3) through (5) of this section.
(3) When the individual enrolls in a resident course whose first
scheduled class begins on or after the eighth calendar day when,
according to the school's academic calendar, classes are scheduled to
begin for the term, quarter, or semester, the beginning date of the
award or increased award of educational assistance allowance will be
the actual date of the first class scheduled for that particular
course.
(4) When the individual enrolls in a resident course, the beginning
date of the award will be the date of reporting provided that--
(i) The published standards of the school require the eligible
individual to register before reporting; and
(ii) The published standards of the school require the eligible
individual to report no more than 14 days before the first scheduled
date of classes for the term, quarter, or semester for which the
eligible individual has registered.
(5) When the eligible individual enrolls in a resident course and
the first day of classes is more than 14 days after the date of
registration, the beginning date of the award or increased award of
educational assistance will be the first day of classes.
(c) Certification for program of education offered by a non-college
degree educational institution. (1) Except as provided in paragraphs
(c)(2) and (3) of this section, when an eligible individual enrolls at
a non-college degree educational institution, the beginning date of the
award of educational assistance will be the later of--
(i) The date determined in paragraph (b) of this section; or
(ii) October 1, 2011.
(2) When an eligible individual enrolls at a non-degree educational
institution for a program of education that is offered by
correspondence, the beginning date of the award of educational
assistance will be the later of--
(i) The date the first lesson was sent;
(ii) The date of affirmance (as defined in Sec. 21.7020(b)(36));
or
(iii) October 1, 2011.
(3) When an individual enrolls in a program of apprenticeship or
other on-the-job training, the beginning date of the award of
educational assistance will be the later of--
(i) The first date of employment in the training position; or
(ii) October 1, 2011.
(d) Liberalizing laws and VA issues. When a liberalizing law or VA
issue affects the beginning date of an eligible individual's award of
educational assistance, the beginning date will be adjusted in
accordance with the facts
[[Page 5343]]
found, but not earlier than the effective date of the act or
administrative issue.
(e) Correction of military records. As determined in Sec. 21.9530,
the eligibility of a veteran may arise because the nature of the
veteran's discharge or release is changed by appropriate military
authority. In these cases, the beginning date of the veteran's
educational assistance will be in accordance with facts found, but not
earlier than the date the nature of the discharge or release was
changed.
(f) Individuals in a penal institution. If an eligible individual
is not receiving or is receiving a reduced rate of educational
assistance under Sec. 21.9675 (based on incarceration in a Federal,
State, local, or other penal institution or correctional facility due
to a felony conviction), the rate will be increased or assistance will
begin effective the earlier of the following:
(1) The date the tuition and fees are no longer being paid under a
Federal (other than one administered by VA), State, or local program;
or
(2) The date the individual is released from the penal institution
or correctional facility.
(g) Increase (``kicker'') based on critical skills or specialty. If
an eligible individual is entitled to an increase (``kicker'') in the
monthly rate of educational assistance under 38 U.S.C. 3316, the
effective date of that increase (``kicker'') will be the later of--
(1) The beginning date of an eligible individual's award as
determined by paragraphs (a) through (f) of this section; or
(2) The first date on which the eligible individual is entitled to
the increase (``kicker'') as determined by the Secretary of the
military department concerned.
(h) Increase in percentage of maximum amount payable based on
length of active duty service requirements. If an eligible individual
is entitled to an increase in the percentage of the maximum amount of
educational assistance payable as a result of meeting additional length
of active duty service requirements, the effective date of that
increase will be the later of--
(1) The beginning date of the eligible individual's award as
determined by paragraphs (a) through (f) of this section; or
(2) The first day of the term, quarter, or semester following the
term, quarter, or semester in which the eligible individual becomes
entitled to an increase in the percentage of the maximum amount
payable.
(i) Spouse eligible for transferred entitlement. If a spouse is
eligible for transferred entitlement under Sec. 21.9571, the beginning
date of the award of educational assistance will be no earlier than the
latest of the following dates--
(1) The date the Secretary of the military department concerned
approves the transferor to transfer entitlement;
(2) The date the transferor completes 6 years of service in the
Armed Forces;
(3) The date the transferor specified in his or her designation of
transfer; or
(4) The date the spouse first meets the definition of spouse in
Sec. 3.50(a) of this chapter.
(j) Child eligible for transferred entitlement. If a child is
eligible for transferred entitlement under Sec. 21.9571, the beginning
date of the award of educational assistance will be no earlier than the
latest of the following dates--
(1) The date the Secretary of the service department concerned
approves the transferor to transfer entitlement;
(2) The date the transferor completes 10 years of service in the
Armed Forces;
(3) The date the transferor specified in his or her designation of
transfer;
(4) The date the child first meets the definition of child in Sec.
3.57 of this chapter; or
(5) Either--
(i) The date the child completes the requirements of a secondary
school diploma (or equivalency certificate); or
(ii) The date the child attains age 18.
(k) Change in active duty status. If an individual is released or
discharged from active duty during a certified period of enrollment, VA
will begin paying the monthly housing allowance:
(1) If released or discharged before August 1, 2018, beginning the
1st day of the month following the date the individual was discharged;
or
(2) If released or discharged on or after August 1, 2018, beginning
the day following the date the individual was discharged.
(l) Election to receive benefits under 38 U.S.C. chapter 33. (1) If
an individual makes an election to receive benefits under 38 U.S.C.
chapter 33 in lieu of benefits under 10 U.S.C. chapter 106a, 1606, or
1607, or 38 U.S.C. chapter 30 in accordance with Sec. 21.9520(c), VA
will begin paying benefits under 38 U.S.C. chapter 33 effective the
later of the following--
(i) August 1, 2009;
(ii) The date the individual became eligible for educational
assistance under 38 U.S.C. chapter 33;
(iii) One year before the date the valid election request was
received; or
(iv) The effective date of the election as requested by the
claimant.
(2) If an individual is in receipt of benefits under 38 U.S.C.
chapter 31 during a term, quarter, or semester, and requests to begin
receiving benefits under 38 U.S.C. chapter 33 during that term,
quarter, or semester, VA will begin paying--
(i) The monthly housing allowance under 38 U.S.C. chapter 33
effective the 1st of the month following the date of the request.
(ii) Net cost of tuition and fees, and the books and supplies
stipend, the first day of the following term, quarter, or semester.
(m) Fugitive felons. An award of educational assistance to an
otherwise eligible veteran, person, or dependent of a veteran will
begin effective the date the individual ceases to be a fugitive felon,
as shown by evidence, which may include evidence that a warrant for an
offense involving flight is resolved 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.
(n) National Guard members' retroactive beginning dates for claims
submitted through September 30, 2012. For any claim received up until
September 30, 2012, for retroactive benefits based on service in the
National Guard, the beginning date of the award will be the later of
either:
(1) the date the National Guard member satisfied the eligibility
requirements in Sec. 21.9520 of this title; or
(2) August 1, 2009.
(o) Child eligible for the Marine Gunnery Sergeant John David Fry
Scholarship. If a child is eligible for entitlement under Sec.
21.9520(d), the beginning date of the award of educational assistance
will be no earlier than the earlier of the following dates--
(1) The date the child completes the requirements of a secondary
school diploma (or equivalency certificate); or
(2) The date the child attains age 18.
(p) Authority. (1) The introductory text of this section issued
under the authority of 38 U.S.C. 3313, 3316, 3323(a), 5110, 5111, 5113;
(2) Paragraphs (a) through (a)(1)(ii)(C) of this section issued
under the authority of 38 U.S.C. 3034(a), 3313, 3316, 3323(a), 3672,
5103;
(3) Paragraphs (a)(2) and (a)(3) of this section issued under the
authority of 38 U.S.C. 3034(a), 3315A, 3323(a), 3452(b);
(4) Paragraphs (b) and (c) of this section issued under the
authority of 38 U.S.C. 3313, 3316, 3323);
(5) Paragraph (d) of this section issued under the authority of 38
U.S.C. 3323(c), 5113);
(6) Paragraph (e) of this section issued under the authority of 38
U.S.C.3323(c);
[[Page 5344]]
(7) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3482(g);
(8) Paragraph (g) of this section issued under the authority of 10
U.S.C. 16131(i); 38 U.S.C. 3015(d), 3316(a);
(9) Paragraph (h) of this section issued under the authority of 38
U.S.C. 3311, 3313;
(10) Paragraphs (i) and (j) of this section issued under the
authority of 38 U.S.C. 3319;
(11) Paragraph (m) of this section issued under the authority of 38
U.S.C. 3323(c), 5313B; and
(12) Paragraph (o) of this section issued under the authority of
Pub. L. 111-32, 123 Stat. 1859.
(The Office of Management and Budget has approved the information
collection provision in paragraph (a) of this section under control
number 2900-0706 and the information collection provisions in
paragraphs (b) and (c) of this section under control numbers 2900-
0154, 2900-0178, 2900-0162, 2900-0353, and 2900-0576.)
0
40. Amend Sec. 21.9635 by:
0
a. Revising the section heading;
0
b. In the introductory text, removing ``The effective date'' and adding
in its place ``During the period beginning August 1, 2009, and ending
July 31, 2011, the effective date'';
0
c. Revising paragraph (c) and removing the parenthetical authority
citation at the end of the paragraph;
0
d. Revising paragraph (d) and removing the parenthetical authority
citation at the end of the paragraph;
0
e. Revising paragraph (w) and removing the parenthetical authority
citation at the end of the paragraph;
0
f. Removing the parenthetical authority citation at the end of
paragraph (bb);
0
g. Redesignating paragraph (bb) as paragraph (cc);
0
h. Adding new paragraph (bb); and
0
g. Revising newly-redesignated paragraph (cc).
The revisions and addition read as follows:
Sec. 21.9635 Discontinuance dates--for provisions effective before
August 1, 2011.
* * * * *
(c) Withdrawal or unsatisfactory completion of all courses. If the
eligible individual, for reasons other than being called or ordered to
active duty service, withdraws from all courses or receives all
nonpunitive grades after the first day of the term, VA will terminate
educational assistance as follows--
(1) If the eligible individual withdraws from all courses after the
school's drop/add period, and there are no mitigating circumstances, VA
will terminate educational assistance effective the first day of the
term from which the eligible individual withdrew.
(2) If the eligible individual withdraws from all courses with
mitigating circumstances; withdraws during the school's drop/add period
or within the first 30 days of the enrollment period, whichever is
earlier; or withdraws from all courses for which a punitive grade is or
will be assigned, VA will terminate educational assistance for--
(i) Residence training: effective the last date of attendance; and
(ii) Independent study or distance learning: effective on the
official date of change in status under the practices of the
educational institution.
(3) When an eligible individual withdraws from an approved
correspondence course offered by an educational institution, VA will
terminate educational assistance effective the date the last lesson was
serviced.
(4) This paragraph (c) issued under the authority of 38 U.S.C.
3323, 3680(a).
(d) Reduction in the rate of pursuit of a program of education. If
the eligible individual reduces the rate of pursuit by withdrawing from
one or more courses in a program of education but continues training in
one or more courses, VA will apply the provisions of this paragraph
(d).
(1) If the reduction in the rate of pursuit occurs other than on
the first date of the term, VA will reduce the eligible individual's
educational assistance effective the end of the month during which the
reduction occurred when--
(i) The withdrawal from one or more courses occurs during the
school's drop/add period or within the first 30 days of the enrollment
period, whichever is earlier; or
(ii) A nonpunitive grade is assigned for the course from which the
eligible individual withdraws and the withdrawal occurs with mitigating
circumstances; or
(iii) A punitive grade is assigned for the course from which the
eligible individual withdraws.
(2) VA will reduce educational assistance effective the first date
of the enrollment in which the reduction occurs when--
(i) The reduction occurs on the first date of the term; or
(ii) A nonpunitive grade is assigned for the course from which the
eligible individual withdraws, and--
(A) The eligible individual does not withdraw because he or she is
called to active duty service, or in the case of an individual serving
on active duty, he or she is not ordered to a new duty location or
assignment, or is not ordered to perform an increased amount of work,
and
(B) The withdrawal occurs without mitigating circumstances.
(3) This paragraph (d) issued under the authority of 38 U.S.C.
3034(a), 3323(a), 3680(a).
* * * * *
(w) Receipt of educational assistance allowance under another
educational assistance program. (1) An individual in receipt of
educational assistance under chapter 33 who is also eligible for
educational assistance under 10 U.S.C. chapter 106a, 1606, or 1607; 38
U.S.C. chapter 30, 31, 32, or 35; the Hostage Relief Act of 1980; or,
effective August 1, 2011, 10 U.S.C. 510, may choose to receive
educational assistance under another program.
(2) This paragraph (w) issued under the authority of 38 U.S.C.
3322(a).
* * * * *
(bb) Fugitive felons. (1) VA will not award educational assistance
to an otherwise eligible Veteran or dependent of an otherwise eligible
Veteran for any period during which the Veteran is a fugitive felon.
The date of discontinuance of an award of educational assistance to a
Veteran who is a fugitive felon or dependent of a Veteran who is a
fugitive felon is the date of the warrant establishing that the
individual is a fugitive felon or the date otherwise shown by evidence
to be the date the individual became a fugitive felon.
(2) This paragraph (bb) issued under the authority of 38 U.S.C.
3323(c), 5313B.
(cc) Other reasons for discontinuance. (1) If an eligible
individual's educational assistance must be discontinued for any reason
other than those stated in paragraphs (a) through (bb) of this section,
VA will determine the ending date of educational assistance based on
the facts found.
(2) This paragraph (cc) issued under the authority of 38 U.S.C.
3323(c), 5112(a), 5113.
0
41. Add Sec. 21.9636 to read as follows:
Sec. 21.9636 Discontinuance dates--for provisions effective after
July 31, 2011.
The effective date of a reduction or discontinuance of educational
assistance that occurs after July 31, 2011, will be as stated in this
section. If more than one type of reduction or discontinuance is
involved, VA will reduce or discontinue educational assistance using
the earliest of the applicable dates.
(a) Death of eligible individual. (1) If the eligible individual
receives a lump
[[Page 5345]]
sum payment for the books and supplies stipend under Sec. 21.9641(d)
and dies before the end of the period covered by the lump sum payment,
the discontinuance date of educational assistance for the purpose of
that lump sum payment will be the last date of the period covered by
the lump sum payment.
(2) If the educational institution receives a lump sum payment for
tuition and fees under Sec. 21.9641(b) on behalf of an eligible
individual and the individual dies before the end of the period covered
by the lump sum payment, the discontinuance date for the purpose of
that lump sum payment will be the last date of the period covered by
the lump sum payment. The educational institution will be required to
return to VA any portion of the tuition and fees paid by VA that would
normally be refunded to a similarly circumstanced individual according
to the regularly established practices of the educational institution.
(3) If the eligible individual receives an advance payment of the
monthly housing allowance pursuant to Sec. 21.9681(b)(2) and dies
before the period covered by the advance payment ends, the
discontinuance date of educational assistance shall be the last date of
the period covered by the advance payment.
(4) For all other payments, e.g., monthly housing allowance under
Sec. 21.9641(c), if the eligible individual dies while pursuing a
program of education, the discontinuance date of educational assistance
will be the date of death.
(b) First instance of withdrawal of course. In the first instance
of a withdrawal from a course or courses for which the eligible
individual received educational assistance, VA will consider mitigating
circumstances to exist with respect to the withdrawal of a course or
courses totaling no more than six semester hours or the equivalent. In
determining whether a withdrawal is the first instance of withdrawal,
VA will not consider a course or courses dropped during an educational
institution's drop-add period in accordance with Sec. 21.4200(l). If
mitigating circumstances are considered to exist in accordance with
this paragraph (b), VA will terminate or reduce educational assistance
effective--
(1) For withdrawals occurring before March 17, 2025 the end of the
month during which the withdrawal occurred;
(2) For withdrawals occurring on or after March 17, 2025, the last
date of attendance.
(c) Withdrawal or unsatisfactory completion of all courses. If the
eligible individual, for reasons other than being called or ordered to
active duty service, withdraws from all courses or receives all
nonpunitive grades after the first day of the term, VA will terminate
educational assistance as follows--
(1) If the eligible individual withdraws from all courses after the
school's drop/add period, and there are no mitigating circumstances, VA
will terminate educational assistance effective the first day of the
term from which the eligible individual withdrew.
(2) If the eligible individual withdraws from all courses with
mitigating circumstances; withdraws during the school's drop/add period
or within the first 30 days of the enrollment period, whichever is
earlier; or withdraws from all courses for which a punitive grade is or
will be assigned, VA will terminate educational assistance for--
(i) Residence training: effective the last date of attendance; and
(ii) Independent study or distance learning: effective on the
official date of change in status under the practices of the
educational institution.
(3) When an eligible individual withdraws from an approved
correspondence course offered by an educational institution, VA will
terminate educational assistance effective the date the last lesson was
serviced.
(d) Reduction in the rate of pursuit of a program of education. If
the eligible individual reduces the rate of pursuit by withdrawing from
one or more courses in a program of education but continues training in
one or more courses, VA will apply the provisions of this paragraph
(d).
(1) If the reduction in the rate of pursuit occurs other than on
the first date of the term, VA will reduce the eligible individual's
educational assistance effective either the end of the month during
which the reduction occurred (in the case of reductions occurring
before March 17, 2025), or the last date of attendance (in the case of
for reductions occurring on or after March 17, 2025), when--
(i) The withdrawal from one or more courses occurs during the
school's drop/add period or within the first 30 days of the enrollment
period, whichever is earlier; or
(ii) A nonpunitive grade is assigned for the course from which the
eligible individual withdraws and the withdrawal occurs with mitigating
circumstances; or
(iii) A punitive grade is assigned for the course from which the
eligible individual withdraws.
(2) VA will reduce educational assistance effective the first date
of the enrollment in which the reduction occurs when--
(i) The reduction occurs on the first date of the term; or
(ii) A nonpunitive grade is assigned for the course from which the
eligible individual withdraws, and--
(A) The eligible individual does not withdraw because he or she is
called to active duty service, or in the case of an individual serving
on active duty, he or she is not ordered to a new duty location or
assignment, or is not ordered to perform an increased amount of work,
and
(B) The withdrawal occurs without mitigating circumstances.
(e) End of course or period of enrollment. If an eligible
individual's course or period of enrollment ends, the effective date of
reduction or discontinuance of the individual's award of educational
assistance will be the ending date of the course or period of
enrollment as certified by the educational institution.
(f) Nonpunitive grade. (1) If an eligible individual does not
officially withdraw from a particular course and the individual
receives a nonpunitive grade for that course, VA will reduce the
individual's educational assistance effective the first date of
enrollment for the term in which the grade applies unless mitigating
circumstances are found.
(2) If an eligible individual does not officially withdraw from a
particular course and the individual receives a nonpunitive grade for
that course, VA will reduce the individual's educational assistance
effective the end of the month during which the student last attended
when mitigating circumstances are found.
(3) If an eligible individual receives an incomplete grade for a
course or courses, VA will delay creating an overpayment for such
course or courses to allow the individual an opportunity to complete
the course or courses. However, if the incomplete grade is not replaced
with a punitive grade, VA will reduce the individual's educational
assistance in accordance with paragraph (f)(1) or (2) of this section
effective the earliest of--
(i) The last date permitted by the educational institution to
complete the course;
(ii) The date the educational institution permanently assigns a
nonpunitive grade; or(iii) One year from
[[Page 5346]]
the date the incomplete grade was assigned.
(g) Discontinued by VA. If VA discontinues payment to an eligible
individual following procedures stated in Sec. 21.4210(d) and (g), the
discontinuance date of payment of educational assistance will be--
(1) The date the Director of the VA Regional Processing Office of
jurisdiction first suspended payments provided in Sec. 21.4210, if the
discontinuance was preceded by suspension; or
(2) The end of the month during which VA made the decision to
discontinue payments under Sec. 21.9630 or Sec. 21.4210(d) and (g),
if the Director of the VA Regional Processing Office of jurisdiction
did not suspend payments before the discontinuance.
(h) Disapproved by State approving agency. If a State approving
agency disapproves a program of education in which an eligible
individual is enrolled, the discontinuance date of payment of
educational assistance will be--
(1) For a program of education at an IHL or a non-college degree
institution, the end of the course or period of enrollment, as
certified by the educational institution, in which the disapproval is
effective; or
(2) For an apprenticeship or other on-the-job training program, the
end of the program or the end of the academic year, whichever is
earlier, in which the disapproval is effective or in which VA receives
notice of the disapproval, whichever is later, provided the Director of
the VA Regional Processing Office of jurisdiction did not suspend
payments before the disapproval.
(i) Disapproval by VA. If VA disapproves a program of education in
which an eligible individual is enrolled, the discontinuance date of
payment of educational assistance will be--
(1) For a program of education at an IHL or a non-college degree
institution, the end of the course or period of enrollment, as
certified by the educational institution, in which the disapproval is
effective; or
(2) For an apprenticeship or other on-the-job training program, the
end of the program or the end of the academic year in which the
disapproval occurred, whichever is earlier, provided that the Director
of the VA Regional Processing Office of jurisdiction did not suspend
payments before the disapproval.
(j) Unsatisfactory progress. If an eligible individual's progress
is unsatisfactory, his or her educational assistance will be
discontinued effective the earlier of the following:
(1) The end of the month during which the educational institution
discontinues the eligible individual's enrollment; or
(2) The end of the month during which the eligible individual's
progress becomes unsatisfactory according to the educational
institution`s regularly established standards of progress, conduct, or
attendance.
(k) False or misleading statements. Payments may not be based on
false or misleading statements, claims, or reports. If educational
assistance is paid as the result of an individual submitting false or
misleading statements, claims, or reports, VA will apply the provisions
of Sec. Sec. 21.4006 and 21.4007 in the same manner as they apply to
veterans under 38 U.S.C. chapter 30.
(l) Conflicting interests (not waived). If a conflict of interest
exists between an officer or employee of VA and an educational
institution, or an officer or employee of a State approving agency and
an educational institution, as provided in Sec. 21.4005, and VA does
not grant a waiver, the discontinuance date of educational assistance
will be 30 days after the date of the letter notifying the eligible
individual of the conflicting interests.
(m) Incarceration in prison or other penal institution due to
conviction of a felony. (1) The provisions of this paragraph (m)(1)
apply to an eligible individual whose educational assistance must be
discontinued or who becomes restricted to payment of educational
assistance at a reduced rate under Sec. 21.9676(c) (based on
incarceration in a Federal, State, local, or other penal institution or
correctional facility due to a felony conviction).
(2) The discontinuance of any monthly payments will be the end of
the month during which the eligible individual is incarcerated in a
Federal, State, local, or other penal institution or correctional
facility or the end date of the enrollment period as certified by the
educational institution, whichever is earlier.
(n) Change in active duty status. (1) The discontinuance date for
an eligible individual who reduces or terminates training as a result
of being called or ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 of the U.S.
Code, or in the case of an individual serving on active duty, being
ordered to a new duty location or assignment or to perform an increased
amount of work is--
(i) For tuition and fees, the last date of the certified enrollment
period;
(ii) For monthly housing allowance, see paragraph (n)(2) of this
section; and
(iii) For the ``book stipend,'' the last date of the period covered
by the book stipend payment.
(2) If an individual enters active duty during a certified period
of enrollment, regardless of whether there is a reduction or
termination of training, the discontinuance date for the monthly
housing allowance will be--
(A) For entry occurring before August 1, 2018, the end of the month
during which the individual entered active; and
(B) For entry occurring on or after August 1, 2018, the date of
entry onto active duty.
(o) Exhaustion of entitlement. (1) If an individual enrolled in an
educational institution that regularly operates on the quarter or
semester basis exhausts his or her entitlement under 38 U.S.C. chapter
33, the discontinuance date will be the last day of the quarter or
semester in which the entitlement is exhausted.
(2) The ending date for an individual enrolled in a course that is
not scheduled on a quarter or semester basis, who exhausts his or her
entitlement under 38 U.S.C. chapter 33 after he or she has completed
more than half of the course, will be the earlier of the following--
(i) The last day of the course; or
(ii) 12 weeks from the day the entitlement is exhausted.
(3) If an individual enrolled in a course that is not scheduled on
a quarter or semester basis exhausts his or her entitlement under 38
U.S.C. chapter 33 before the individual has completed more than half of
the course, the effective ending date will be the date the entitlement
was exhausted.
(p) End of period of eligibility. If an eligible individual is
enrolled in an educational institution on the date of expiration of his
or her period of eligibility as determined under Sec. 21.9530, the
effective ending date will be the day preceding the end of the period
of eligibility.
(q) Required verifications not received after certification of
enrollment. (1) If VA does not receive the required verification of
attendance in a timely manner for an eligible individual enrolled in a
course or courses at an educational institution in a program of
education not leading to a standard college degree, VA will terminate
payments effective the last date of the last period for which
verification of the eligible individual's attendance was received. If
VA later receives the verification, VA will make any adjustment on the
basis of the facts found.
(2) If VA does not receive verification of enrollment within 60
days of the first
[[Page 5347]]
day of the term, quarter, semester, or course for which the advance
payment was made, VA will determine the actual facts and make an
adjustment, if required. If the eligible individual failed to enroll,
VA will terminate the award of educational assistance effective the
beginning date of the enrollment period.
(r) Administrative or payee error. (1) When an administrative error
or error in judgment by VA, the Department of Defense, or the
Department of Homeland Security with respect to the Coast Guard when it
is not operating as a service in the Navy, is the sole cause of an
erroneous award, the award will be reduced or terminated effective the
date of last payment.
(2) When a payee receives an erroneous award of educational
assistance as the result of providing false information or withholding
information necessary to determine eligibility to the award, the
effective date of the reduction or discontinuance will be the effective
date of the award, or the day before the act, whichever is later. The
date of the reduction or discontinuance will not be before the last
date on which the individual was entitled to payment of educational
assistance.
(s) Forfeiture for fraud. If an eligible individual must forfeit
his or her educational assistance due to fraud, the ending date of
payment of educational assistance will be the later of--
(1) The effective date of the award; or
(2) The day before the date of the fraudulent act.
(t) Forfeiture for treasonable acts or subversive activities. If an
eligible individual must forfeit his or her educational assistance due
to treasonable acts or subversive activities, the ending date of
payment of educational assistance will be the later of--
(1) The effective date of the award; or
(2) The day before the date the individual committed the
treasonable act or subversive activities for which the individual was
convicted.
(u) Change in law or VA issue or interpretation. If there is a
change in the applicable law or VA issue, or in VA's application of the
law or issue, VA will use the provisions of Sec. 3.114(b) of this
chapter to determine the ending date of the eligible individual's
educational assistance.
(v) Reduction following the loss of increase (``kicker'') for
Selected Reserve service. If an eligible individual is entitled to an
increase (``kicker'') in the monthly rate of educational assistance due
to service in the Selected Reserve and loses that entitlement, the
effective date for the reduction in the monthly rate payable is the
date that the Secretary of the military department concerned determines
that the eligible individual is no longer eligible to the increase
(``kicker'').
(w) Receipt of educational assistance allowance under another
educational assistance program. An individual in receipt of educational
assistance under chapter 33 who is also eligible for educational
assistance under 10 U.S.C. chapter 106a, 1606, or 1607; 10 U.S.C. 510;
38 U.S.C. chapter 30, 31, 32, or 35; or the Hostage Relief Act of 1980
may choose to receive educational assistance under another program.
(1) VA will terminate educational assistance under 38 U.S.C.
chapter 33 effective the first day of the enrollment period during
which the individual requested to receive educational assistance under
10 U.S.C. chapter 106a, 1606, or 1607; 10 U.S.C. 510; 38 U.S.C. chapter
30, 32, or 35; or the Hostage Relief Act of 1980.
(2) For individuals in receipt of benefits under this chapter
during a term, quarter, or semester who are requesting to receive
benefits under 38 U.S.C. chapter 31, VA will terminate educational
assistance under this chapter effective the first day of the subsequent
enrollment period.
(3) An eligible individual may only request a change in receipt of
benefits from 38 U.S.C chapter 33 to 38 U.S.C. chapter 31 once per
term, quarter, or semester.
(x) Independent study course loses accreditation. If the eligible
individual is enrolled in a course offered in whole or in part by
independent study, and the course loses its accreditation (or the
institution of higher learning offering the course loses its
accreditation), the date of reduction or discontinuance will be the end
of the course or period of enrollment, as certified by the educational
institution in which the withdrawal of accreditation occurred.
(y) Dependent exhausts transferred entitlement. The ending date of
an award of educational assistance to a dependent who exhausts the
entitlement transferred to him or her is the date he or she exhausts
the entitlement.
(z) Transferor revokes transfer of entitlement. If the transferor
revokes a transfer of unused entitlement, the date of discontinuance
for the dependent's entitlement is the effective date of the revocation
of transfer as determined under Sec. 21.9571.
(aa) Transferor fails to complete additional active duty service
requirement. VA will discontinue each award of educational assistance
given to a dependent, effective the first date of each such award
when--
(1) The transferor fails to complete the additional active duty
service requirement that afforded him or her the opportunity to
transfer entitlement of educational assistance; and
(2) The military department discharges the transferor for a reason
other than one of the reasons stated in Sec. 21.9571(l).
(bb) Fugitive felons. VA will not award educational assistance to
an otherwise eligible Veteran or dependent of an otherwise eligible
Veteran for any period during which the Veteran is a fugitive felon.
The date of discontinuance of an award of educational assistance to a
Veteran who is a fugitive felon or dependent of a Veteran who is a
fugitive felon is the date of the warrant establishing that the
individual is a fugitive felon or the date otherwise shown by evidence
to be the date the individual became a fugitive felon.
(cc) Other reasons for discontinuance. If an eligible individual's
educational assistance must be discontinued for any reason other than
those stated in paragraphs (a) through (bb) of this section, VA will
determine the ending date of educational assistance based on the facts
found.
(dd) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(d), 3680(e);
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680(a)(1);
(3) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3323, 3680(a);
(4) Paragraphs (d) and (e) of this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(a);
(5) Paragraph (f) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680;
(6) Paragraph (g) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3690;
(7) Paragraph (h) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3672(a), 3690;
(8) Paragraph (i) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3671(b), 3672(b)(1), 3690;
(9) Paragraph (j) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3474;
(10) Paragraph (k) of this section issued under the authority of 38
U.S.C 3034(a), 3323(a), 3690;
(11) Paragraph (l) of this section issued under the authority of 38
U.S.C.3034(a), 3323(a), 3683;
[[Page 5348]]
(12) Paragraph (m) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3482(g);
(13) Paragraph (n) of this section issued under the authority of 38
U.S.C. 3313(j);
(14) Paragraph (o) of this section issued under the authority of 38
U.S.C. 3031(f), 3312, 3321;
(15) Paragraph (p) of this section issued under the authority of 38
U.S.C. 3321;
(16) Paragraph (q) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680;
(17) Paragraph (r) of this section issued under the authority of 38
U.S.C. 3323(c), 5112(b), 5113;
(18) Paragraph (s) of this section issued under the authority of 38
U.S.C. 3323(c), 5112, 6103;
(19) Paragraph (t) of this section issued under the authority of 38
U.S.C. 3323(c), 6104, 6105;
(20) Paragraph (u) of this section issued under the authority of 38
U.S.C. 3323(c), 5112, 5113;
(21) Paragraph (v) of this section issued under the authority of 10
U.S.C. 16131; 38 U.S.C. 3316(a);
(22) Paragraph (w) of this section issued under the authority of 38
U.S.C. 3322(a);
(23) Paragraph (x) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3676, 3680A(a);
(24) Paragraphs (y) through (aa) of this section issued under the
authority of 38 U.S.C. 3319;
(25) Paragraph (bb) of this section issued under the authority of
38 U.S.C. 3323(c), 5313B; and
(26) Paragraph (cc) of this section issued under the authority of
38 U.S.C. 3323(c), 5112(a), 5113.
(The Office of Management and Budget has approved the information
collection provision in Sec. 21.9636, paragraph (w) under control
number 2900-0154.)
0
42. Amend Sec. 21.9640 by:
0
a. Revising the section heading and introductory text;
0
b. Revising paragraph (a) and removing the parenthetical authority
citation at the end of the paragraph;
0
c. Revising paragraph (d) and removing the parenthetical authority
citation at the end of the paragraph.
0
d. Removing the parenthetical citation at the end of paragraph (e); and
0
e. Adding paragraph (f).
The revision and addtion read as follows:
Sec. 21.9640 Rates of payment of educational assistance--for
provisions effective before August 1, 2011.
For training that occurs before August 1, 2011, unless otherwise
noted, VA will determine the amount of educational assistance payable
under 38 U.S.C. chapter 33 as provided in this section.
(a) Percentage of maximum amounts payable. (1) Except as provided
in paragraphs (a)(2) and (d) of this section, VA will apply the
applicable percentage of the maximum amounts payable under this section
for pursuit of an approved program of education, in accordance with
table 1 to paragraph (a).
Table 1 to paragraph (a)
------------------------------------------------------------------------
Percentage of
Aggregate length of creditable maximum
active duty service after 09/10/ Number of days amounts
01 payable
------------------------------------------------------------------------
At least 36 months \1\............ If aggregate service 100
(including entry
training) is 1095
days or more days.
At least 30 continuous days....... .................... 100
(Must be discharged due to service-
connected disability).
At least 30 months, but less than If aggregate service 90
36 months \1\. (including entry
training) is from
910 to 1094 days.
At least 24 months, but less than If aggregate service \3\ 80
30 months 1 3. (including entry
training) is from
730 to 909 days.
At least 18 months, but less than If aggregate service \3\ 70
24 months 2 3. (excluding entry
training) is from
545 to 729 days.
At least 12 months, but less than If aggregate service 60
18 months \2\. (excluding entry
training) is from
365 to 544 days.
At least 6 months, but less than If aggregate service 50
12 months \2\. (excluding entry
training) is from
180 to 364 days.
At least 90 days, but less than 6 If aggregate service 40
months \2\. (excluding entry
training) is from
90 to 179 days.
------------------------------------------------------------------------
\1\ Includes entry level and skill training.
\2\ Excludes entry level and skill training.
\3\ The 70/80% rule: If the aggregate service including training is at
least 24 months but less than 30 months (730-909 days) BUT the
aggregate service excluding training is at least 18 but less than 24
months (545 to 729 days), the individual will be deemed eligible at
the 70% benefit level. This limitation is explicitly mandated by 38
U.S.C. 3311(e).
(2) Amounts payable for individuals eligible for the Marine Gunnery
Sergeant John David Fry Scholarship. VA will apply 100 percent of the
maximum amounts payable for pursuit of an approved program of education
by an individual who is eligible for educational assistance under Sec.
21.9520(d).
* * * * *
(d) Amounts payable for individuals on active duty--(1) Amounts
payable for programs of education beginning on or after August 1, 2009,
and on or before March 4, 2011. Individuals on active duty who are
pursuing a program of education during a quarter, semester, or term
that starts during the period beginning August 1, 2009, and ending
March 4, 2011, may receive a lump sum amount for established charges
paid directly to the institution of higher learning for the entire
term, quarter, or semester, as applicable. The amount payable will be
the lowest of--
(i) The established charges that similarly circumstanced
nonveterans enrolled in the individual's program of education would be
required to pay;
(ii) That portion of the established charges not covered by
military tuition assistance under 10 U.S.C. 2007(a) or (b) for which
the individual has stated to VA that he or she wishes to receive
payment;
(iii) The lesser amount of paragraph (d)(i) or (ii) of this
section, divided by the number of days in the individual's
[[Page 5349]]
quarter, semester, or term, as applicable, to determine the
individual's daily rate which will then be multiplied by the
individual's remaining months and days of entitlement to educational
assistance in accordance with Sec. Sec. 21.4020 and 21.9635(o);
(2) Amounts payable for a program of education, on more than half-
time basis, leading to a degree and beginning after March 4, 2011, but
before August 1, 2011. (i) VA may, on behalf of an individual on active
duty who is pursuing a program of education leading to a degree on more
than half-time basis at a public IHL, issue a lump sum payment for the
term, quarter, or semester directly to the IHL equal to the applicable
percentage (as listed in paragraph (a) of this section) of the net cost
for in-State tuition and fees.
(ii) VA may, on behalf of an individual on active duty who is
pursuing a program of education leading to a degree on more than half-
time basis at a non-public or foreign IHL, issue a lump sum payment for
the term, quarter, or semester directly to the IHL equal to the lesser
of the applicable percentage (as listed in paragraph (a) of this
section) of the net cost for tuition and fees assessed by the
institution or--
(A) For the academic year beginning August 1, 2011, $17,500; or
(B) For the academic year beginning on any subsequent August 1, the
amount for the previous academic year, as increased under 38 U.S.C.
3015(h).
(3) Amounts payable for a program of education, on a half-time
basis or less, leading to a degree and beginning after March 4, 2011,
but before August 1, 2011. Amounts payable for the individual will be
calculated in accordance with paragraph (d)(1) of this section.
(4) Amounts payable for a program of education not leading to a
degree and beginning after March 4, 2011, but before August 1, 2011.
Amounts payable for the individual will be calculated in accordance
with paragraph (d)(1) of this section.
(f) Authority. (1) Paragraph (a)(1) of this section issued under
the authority of 38 U.S.C. 3311, 3313;
(2) Paragraph (d)(2) of this section issued under the authority of
38 U.S.C. 501(a), 3313(e); and
(3) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3313, 3323(c).
0
43. Add Sec. 21.9641 to read as follows:
Sec. 21.9641 Rates of payment of educational assistance--for
provisions effective after July 31, 2011.
For training that begins after July 31, 2011, unless otherwise
noted, VA will determine the amount of educational assistance payable
under 38 U.S.C. chapter 33 as provided in this section.
(a) Percentage of maximum amounts payable. (1) Except as provided
in paragraph (a)(2) of this section, VA will apply the applicable
percentage of the maximum amounts payable under this section for
pursuit of an approved program of education, in accordance with table 1
to paragraph (a).
Table 1 to paragraph (a)
------------------------------------------------------------------------
Percentage of
Aggregate length of creditable maximum
active duty service after 09/10/ Number of days amounts
01 payable
------------------------------------------------------------------------
At least 36 months \1\............ If aggregate service 100
(including entry
training) is 1095
days or more days.
At least 30 continuous days....... .................... 100
(Must be discharged due to service-
connected disability).
At least 30 months, but less than If aggregate service 90
36 months \1\. (including entry
training) is from
910 to 1094 days.
At least 24 months, but less than If aggregate service \3\ 80
30 months 1 3. (including entry
training) is from
730 to 909 days.
At least 18 months, but less than If aggregate service \3\ 70
24 months 2 3. (excluding entry
training) is from
545 to 729 days.
At least 12 months, but less than If aggregate service 60
18 months \2\. (excluding entry
training) is from
365 to 544 days.
At least 6 months, but less than If aggregate service 50
12 months \2\. (excluding entry
training) is from
180 to 364 days.
At least 90 days, but less than 6 If aggregate service 40
months \2\. (excluding entry
training) is from
90 to 179 days.
------------------------------------------------------------------------
\1\ Includes entry level and skill training.
\2\ Excludes entry level and skill training.
\3\ The 70/80% rule: If the aggregate service including training is at
least 24 months but less than 30 months (730-909 days) BUT the
aggregate service excluding training is at least 18 but less than 24
months (545 to 729 days), the individual will be deemed eligible at
the 70% benefit level. This limitation is explicitly mandated by 38
U.S.C. 3311(e).
(2) Amounts payable for individuals eligible for the Marine Gunnery
Sergeant John David Fry Scholarship. VA will apply 100 percent of the
maximum amounts payable for pursuit of an approved program of education
by an individual who is eligible for educational assistance under Sec.
21.9520(d).
(b) Tuition and fees payable. (1) Program of education leading to a
degree at public IHLs. After July 31, 2011, VA may, on behalf of an
individual, who may be either on active duty or not on active duty and
pursuing a program of education leading to a degree at a public IHL,
issue a lump sum payment for the term, quarter, or semester directly to
the IHL equal to the applicable percentage (as listed in paragraph (a)
of this section) of the net cost for in-State tuition and fees.
(2) Program of education leading to a degree at non-public IHLs or
foreign IHLs. (i) After July 31, 2011, VA may, on behalf of an
individual, who may be either on active duty or not on active duty and
pursuing a program of education leading to a degree at a non-public or
foreign IHL, issue a lump sum payment for the term, quarter, or
semester directly to the IHL equal to the applicable percentage (as
listed in paragraph (a) of this section) of the lesser of--
(A) The actual net cost for tuition and fees assessed by the
institution; or
(B) For the academic year beginning August 1, 2011, $17,500; or
[[Page 5350]]
(C) For the academic year beginning on any subsequent August 1, the
amount for the previous academic year, as increased under 38 U.S.C.
3015(h).
(3) Program of education in pursuit of a certificate or other non-
college degree at institutions other than IHLs. On or after October 1,
2011, VA may, on behalf of an individual pursuing a program of
education in pursuit of a certificate or other non-college degree at an
institution other than an IHL, issue a lump sum payment for the term,
quarter, or semester, directly to the educational institution equal to
the applicable percentage (as listed in paragraph (a) of this section)
of the lesser of--
(i) The actual net cost for in-State tuition and fees assessed by
the institution; or
(ii) For the academic year beginning August 1, 2011, $17,500; or
(iii) For the academic year beginning on any subsequent August 1,
the amount for the previous academic year, as increased under 38 U.S.C.
3015(h).
(4) Full-time program of apprenticeship or other on-the-job
training at institutions other than IHLs. No tuition and fee amount is
payable for this type of training.
(5) Program of education for flight training (regardless of the
institution providing such program of education). After September 30,
2011, upon receipt of certification for training completed by the
individual and serviced by the educational institution, on behalf of an
individual pursuing a program of education consisting of flight
training, VA may issue a lump sum payment directly to the educational
institution equal to the applicable percentage (as listed in paragraph
(a) of this section) of the lesser of--
(i) The actual net cost for in-State tuition and fees; or
(ii) For the academic year beginning August 1, 2011, $10,000; or
(iii) For the academic year beginning on any subsequent August 1,
the amount for the previous academic year, as increased under 38 U.S.C.
3015(h).
(6) Program of education pursued exclusively by correspondence at
an IHL or institution other than an IHL. After September 30, 2011, on
behalf of an individual pursuing program of education by correspondence
at an IHL or institution other than an IHL, VA may issue a quarterly
payment on a pro rata basis for the lessons completed by the individual
and serviced by the educational institution during such quarter,
directly to the educational institution equal to the applicable
percentage (as listed in paragraph (a) of this section) of the lesser
of--
(i) The net cost for tuition and fees; or
(ii) For the academic year beginning August 1, 2011, $8,500; or
(iii) For the academic year beginning on any subsequent August 1,
the amount for the previous academic year, as increased under 38 U.S.C.
3015(h).
(7) No reduction in tuition and fee annual cap. VA will not make a
reduction in the tuition and fee maximum amount payable during the
academic year equal to the amount of tuition and fees charged for a
course or courses from which the individual withdrew when the
individual--
(i) Had to discontinue the course or courses as a result of being
ordered to--
(A) Active duty service under 10 U.S.C. 688, 12301(a), 12301(d),
12301(g), 12302, or 12304; or
(B) A new duty location or assignment or to perform an increased
amount of work; and
(ii) Did not receive credit or lost training time for any portion
of the period of enrollment in the course or courses for which the
eligible individual was pursuing to complete his or her approved
educational, professional, or vocational objective as a result of
having to discontinue pursuit.
(c) Monthly housing allowance payable. An individual who is
pursuing a program of education leading to a degree at a domestic or
foreign IHL, a program of education at a non-college degree
institution, or an on-the-job or apprenticeship training can receive a
monthly stipend (referred to as the ``monthly housing allowance''),
subject to the applicable percentage (as listed in paragraph (a) of
this section), as follows--
(1) Residence training at domestic IHLs on more than half-time
basis. An individual, other than one on active duty, who is pursuing a
program of education with at least one in-residence course and who has
a rate of pursuit of greater than 50 percent at an IHL located in a
State, may receive a monthly housing allowance for each month (or
prorated amount for a partial month) of training during each term,
quarter, or semester, equal to--
(i) During the period beginning August 1, 2011, and ending July 31,
2012, the monthly amount of the basic allowance for housing payable
under 37 U.S.C. 403 for a member with dependents in pay grade E-5 using
the ZIP code area in which all, or a majority, of the IHL in which the
individual is enrolled is located multiplied by the lesser of--
(A) 1.0; or
(B) The individual's rate of pursuit, rounded to the nearest tenth.
(ii) On or after August 1, 2012, the monthly amount of the basic
allowance for housing payable under 37 U.S.C. 403 for a member with
dependents in pay grade E-5 using the ZIP code or location code,
whichever is applicable, in which all, or a majority, of the
institution in which the individual is enrolled is located multiplied
by the lesser of--
(A) 1.0; or
(B) The individual's rate of pursuit, rounded to the nearest tenth.
(2) Residence training at foreign IHLs on more than half-time
basis. On or after August 1, 2011, an individual, other than one on
active duty, who is pursuing a program of education leading to a degree
at a foreign IHL with at least one in-residence course and who has a
rate of pursuit of greater than 50 percent, may receive a monthly
housing allowance for each month (or prorated amount for a partial
month) of training during each term, quarter, or semester, equal to the
national average of the monthly amount of the basic allowance for
housing payable under 37 U.S.C. 403 for a member with dependents in pay
grade E-5, multiplied by the lesser of--
(i) 1.0; or
(ii) The individual's rate of pursuit, rounded to the nearest
tenth.
(3) Residence training at non-college degree institutions on more
than half-time basis. After October 1, 2011, an individual, other than
one on active duty, who is pursuing a program of education at a non-
college degree institution (other than those listed in paragraph (c)(6)
of this section) with at least one in-residence course and who has a
rate of pursuit of greater than 50 percent, can receive a monthly
housing allowance for each month (or a prorated amount for a partial
month) of training pursued. The amount will be calculated in accordance
with paragraph (c)(1) of this section.
(4) Training pursued solely via distance learning on more than
half-time basis. After September 30, 2011, an individual, other than
one on active duty, who is pursuing a program of education solely via
distance learning at a rate of pursuit of greater than 50 percent, can
receive a monthly housing allowance for each month (or prorated amount
for a partial month) of training during each term, quarter, or
semester, equal to 50 percent of the amount payable under paragraph
(c)(2) of this section.
(5) On-the-job and apprenticeship training on full-time basis.
After September 30, 2011, an individual, other than one on active duty,
pursuing a full-time program of apprenticeship or other on-the-job
training may receive a monthly housing allowance--
[[Page 5351]]
(i) During the first 6-month period of the program, the monthly
amount of the basic allowance for housing payable under 37 U.S.C. 403
for a member with dependents in pay grade E-5 residing in the military
housing area that encompasses all or a majority portion of the ZIP code
area in which the employer is located.
(ii) During the second 6-month period of the program, 80 percent of
the amount payable in paragraph (c)(5)(i) of this section.
(iii) During the third 6-month period of the program, 60 percent of
the amount payable in paragraph (c)(5)(i) of this section.
(iv) During the fourth 6-month period of the program, 40 percent of
the amount payable in paragraph (c)(5)(i) of this section.
(v) During any month after the first 24 months of training, 20
percent of the amount payable in paragraph (c)(5)(i) of this section.
(vi) In any month in which an individual pursuing training fails to
complete 120 hours of training, the amount of the monthly housing
stipend payable will be the amount determined by multiplying the
applicable amount as determined by paragraphs (c)(5)(i) through (v) of
this section by the figure determined as follows--
(A) The number of hours worked during the month, rounded to the
nearest 8 hours; then
(B) Dividing the result by 120.
(C) Rounding the quotient to the nearest hundred.
(6) Program of education for vocational flight training at
institutions other than IHLs; Program of education pursued exclusively
by correspondence; Program of education pursued on a half-time basis or
less; Program of education pursued while on active duty. No monthly
housing allowance is payable for these types of training.
(7) Rate payable during the academic year. The monthly housing
allowance payable during each academic year beginning on August 1 of a
calendar year under paragraphs (c)(1) through (5) of this section will
be determined using the basic allowance for housing rates payable under
37 U.S.C. 403 in effect as of January 1 of each such calendar year.
(8) Rate protection. The monthly housing allowance payable under
paragraphs (c)(1) through (5) of this section will not decrease as long
as the individual--
(i) Has not had a break in training that exceeds 6 months. An
individual called to active duty (during an enrollment period or 6-
month grace period) will not see a decrease as long as the individual
resumes training at the educational institution within 6 months from
the release from active duty; and
(ii) Previously received the monthly housing allowance based on the
same type of training (residence, distance, foreign) at the same
educational institution. A change in facility (transferring to a
different school or a different branch of the same school) constitutes
a change in educational institution.
(9) Concurrent eligibility for more than one monthly housing
stipend rate. In the event that an individual is concurrently eligible
for more than one monthly housing stipend rate, the housing stipend
will be paid at the highest rate for which the individual qualifies.
(d) Books, supplies, and equipment stipend payable. An individual
who is pursuing a program of education at an IHL, non-college degree
institution, or an individual pursuing on-the-job or apprenticeship
training can receive an amount for books, supplies, equipment, and
other educational costs (referred to as the ``book stipend''), subject
to the applicable percentage (as listed in paragraph (a) of this
section), as follows--
(1) Book stipend for training pursued at an IHL. (i) The maximum
amount payable to an individual pursuing training at an IHL is based on
pursuit of twenty-four credit hours (the minimum number of credit hours
generally considered to be full-time training at the undergraduate
level for an academic year). The lump sum payment for each term,
quarter, or semester is equal to $41.67 ($1,000 divided by 24 credit
hours) multiplied by the number of credit hours (or the equivalent
number of credit hours if enrollment is reported in clock hours) taken
by the individual in the quarter, semester, or term, up to a cumulative
total of twenty-four credit hours for the academic year.
(A) Before October 1, 2011, an eligible individual, other than one
on active duty, may receive an amount for each credit hour pursued up
to twenty-four credit hours (or the equivalent credit hours if
enrollment is reported in clock hours) in a single academic year.
(B) On or after October 1, 2011, an eligible individual, including
an individual on active duty, may receive an amount for each credit
hour pursued up to twenty-four credit hours (or the equivalent credit
hours if enrollment is reported in clock hours) in a single academic
year.
(ii) In no event may the amount paid during an academic year exceed
$1,000.
(2) Book stipend for training pursued at a non-college-degree
institution and on-the-job or apprenticeship training. After September
30, 2011, an individual pursuing a program of education at a non-
college degree institution (other than those listed in paragraph (d)(3)
of this section) or full-time on-the-job or apprenticeship training can
receive a lump sum payment equal to $83 for each month (or a prorated
amount for a partial month) of training pursued.
(3) Program of education for vocational flight training at
institutions other than IHLs and program of education pursued
exclusively by correspondence. No book stipend is payable for these
types of training.
(e) Publication of educational assistance rates. VA will publish
the maximum amount of tuition and fees payable each academic year in
the ``Notices'' section of the Federal Register and on the GI Bill
website at https://www.GIBill.va.gov.
(f)(1) Paragraph (a) of this section issued under the authority of
38 U.S.C. 3311(f);
(2) Paragraph (b)(1) of this section issued under the authority of
38 U.S.C. 3313(c)(1)(A)(i);
(3) Paragraph (b)(2) of this section issued under the authority of
38 U.S.C. 3313(c)(1)(A)(ii);
(4) Paragraph (b)(3) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(A);
(5) Paragraph (b)(4) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(B);
(6) Paragraph (b)(5) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(C);
(7) Paragraph (b)(6) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(D);
(8) Paragraph (b)(7) of this section issued under the authority of
38 U.S.C. 501(a), 3323(c);
(9) Paragraph (c)(1) of this section issued under the authority of
38 U.S.C. 3313(c)(1)(B)(i);
(10) Paragraph (c)(2) of this section issued under the authority of
38 U.S.C. 3313(c)(1)(B)(ii);
(11) Paragraph (c)(3) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(A)(ii);
(12) Paragraph (c)(4) of this section issued under the authority of
38 U.S.C. 3313(c)(1)(B)(iii);
(13) Paragraph (c)(5) of this section issued under the authority of
38 U.S.C. 3313(g)(3)(B)(i);
(14) Paragraph (c)(6) of this section issued under the authority of
38 U.S.C. 3313(e), (f), (g)(3)(C), (g)(3)(D);
(15) Paragraph (c)(7) of this section issued under the authority of
38 U.S.C. 3313(i);
(16) Paragraphs (c)(8) and (c)(9) of this section issued under the
authority of 38 U.S.C. 501(a), 3323(c);
[[Page 5352]]
(17) Paragraphs (d)(1) and (d)(2) of this section issued under the
authority of 38 U.S.C. 3313(g)(3)(A), (B);
(18) Paragraph (d)(3) of this section issued under the authority of
38 U.S.C. 3313(c),(e),(f),(g)); and
(19) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3313, 3323(c).
(The Office of Management and Budget has approved the information
collection provisions in paragraphs (a) through (b)(7) of this
section under control numbers 2900-0154, 2900-0178, 2900-0162, 2900-
0353, and 2900-0576.)
0
44. Amend Sec. 21.9645 by revising paragraphs (a)(1)(iii), (b)(1)(ii),
and (c) to read as follows:
Sec. 21.9645 Refund of basic contribution to chapter 30.
(a)(1) * * *
(iii) He or she is a member of the Armed Forces who is making
contributions as provided in Sec. 21.7042(g) towards educational
assistance under 38 U.S.C. chapter 30.
* * * * *
(b) * * *
(1) * * *
(ii) 36 for individuals making contributions towards educational
assistance under 38 U.S.C. chapter 30 in accordance with Sec.
21.7042(g).
* * * * *
(c) Timing of payment. The amount payable under this section will
only be issued to the individual who made the contribution when the
individual is in receipt of the monthly housing allowance payable under
Sec. 21.9640(b) or Sec. 21.9641(c) at the time his or her entitlement
exhausts. No payment will be made if the individual who made the
contributions is not in receipt of a monthly housing allowance when
entitlement exhausts.
* * * * *
0
45. Amend Sec. 21.9650 by:
0
a. Revising paragraph (a)(2) and removing the parenthetical authority
citation at the end of the paragraph;
0
b. Revising paragraph (b)(2)(ii);
0
c. Revising paragraph (b)(3) and removing the parenthetical authority
citation at the end of the paragraph;
0
d. Revising paragraph c)(2)(ii);
0
e. Revision paragraph (c)(3) and removing the parenthetical authority
citation at the end of the paragraph; and
0
f. Adding paragraph (d).
The revisions read as follows:
Sec. 21.9650 Increase in educational assistance.
* * * * *
(a) * * *
(2) The increase (``kicker'') amount payable under paragraph (a)(1)
of this section will only be paid to the individual as part of the
monthly housing allowance if the individual is entitled to receive a
monthly housing allowance during the term, quarter, or semester--
(i) For the period beginning August 1, 2009, and ending July 31,
2011, under Sec. 21.9640(b)(1)(ii) or (b)(2)(ii); or
(ii) For the period after July 31, 2011, under Sec. 21.9641(c).
(b) * * *
(2) * * *
(ii)(A) For training pursued during the period beginning August 1,
2009, and ending July 31, 2011, the full-time training amount under
paragraph (b)(2)(i) of this section multiplied by the individual's rate
of pursuit.
(B) For training pursued after July 31, 2011, the full-time
training amount under paragraph (b)(2)(i) of this section multiplied by
the lesser of--
(1) 1.0; or
(2) The individual's rate of pursuit, rounded to the nearest
multiple of 10.
(3) The increase (``kicker'') amount payable under paragraph (b) of
this section will be paid to the individual--
(i) As a lump sum for the entire quarter, semester, or term, as
applicable, based on the monthly amount to which the individual was
entitled at the time of the election of chapter 33, if training is
pursued during the period beginning August 1, 2009, and ending July 31,
2011; or
(ii) On a monthly basis, for training pursued after July 31, 2011.
(c) * * *
(2) * * *
(ii)(A) For training pursued during the period beginning August 1,
2009, and ending July 31, 2011, the full-time training amount under
paragraph (c)(2)(i) of this section multiplied by the individual's rate
of pursuit.
(B) For training pursued after July 31, 2011, the full-time
training amount under paragraph (c)(2)(i) multiplied by the lesser of--
(1) 1.0; or
(2) The individual's rate of pursuit, rounded to the nearest
multiple of 10.
(3) The increase (``kicker'') amount payable under paragraph (c) of
this section will be paid to the individual--
(i) As a lump sum for the entire quarter, semester, or term, as
applicable, based on the monthly amount to which the individual was
entitled at the time of the election of chapter 33, if training is
pursued during the period beginning August 1, 2009, and ending July 31,
2011; or
(ii) On a monthly basis, for training pursued after July 31, 2011.
(d) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3015(d)(1), 3313(c), 3316(a);
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3015(d), 3316; Public Law 110-252, 122 Stat. 2378, Public Law
111-377, 124 Stat. 4119; and
(3) Paragraph (c) of this section issued under the authority of 10
U.S.C. 16131(i); Public Law 110-252, Stat 2378).
Sec. 21.9655 [Amended]
0
46. Amend Sec. 21.9655, in paragraph (a)(2), by removing ``or
(b)(2)(ii)'' and adding in its place ``, (b)(2)(ii), or Sec.
21.9641(c)''.
0
47. Amend Sec. 21.9665 by revising the section heading and
introductory text to read as follows:
Sec. 21.9665 Reimbursement for licensing or certification tests--for
provisions effective before August 1, 2011.
An eligible individual is entitled to receive reimbursement for
taking one approved licensing or certification test during the period
beginning August 1, 2009, and ending July 31, 2011. The amount of
educational assistance VA will pay as reimbursement for an approved
licensing or certification test is the lesser of the following:
* * * * *
0
48. Add Sec. 21.9667 to read as follows:
Sec. 21.9667 Reimbursement for licensing or certification tests--for
provisions effective after July 31, 2011.
An individual eligible for benefits under the Post-9/11 GI Bill is
entitled to receive reimbursement for taking any number of approved
licensing or certification tests after July 31, 2011. The amount of
reimbursement VA will pay for an approved licensing or certification
test taken after July 31, 2011, is the least of the following:
(a) The fee that the licensing or certification organization
offering the test charges for taking the test;
(b) $2,000; or
(c) The amount equal to the number of whole months of remaining
entitlement available to the individual at the time of payment for the
test multiplied by the rate for one month of payment for licensing and
tests, as specified in Sec. 21.9561(f)(1)(ii).
(Authority: 38 U.S.C. 3315)
(The Office of Management and Budget has approved the information
collection provision in this section under control number 2900-
0695.)
0
49. Add Sec. 21.9668 to read as follows:
Sec. 21.9668 Reimbursement for national tests.
An eligible individual is entitled to receive reimbursement for
taking a national test for admission or a national
[[Page 5353]]
test for credit after July 31, 2011. The amount of reimbursement VA
will pay for an approved national test for admission or a national test
for credit taken after July 31, 2011, is the lesser of the following:
(a) The fee charged for the test, not including any optional costs
not required for the testing process; or
(b) The amount equal to the number of whole months of remaining
entitlement available to the individual at the time of payment for the
test multiplied by the rate for one month of payment for national
tests, as specified in Sec. 21.9561(f)(1)(ii).
(Authority: 38 U.S.C. 3315A)
0
50. Amend Sec. 21.9675 by:
0
a. Revising the section heading and introductory text;
0
b. Removing the parenthetical authority citation at the end of
paragraph (a);
0
c. Revising paragraph (c)(2) and removing the parenthetical citation at
the end of the paragraph;
0
d. Removing the parenthetical citation at the end of paragraph (d);
0
e. In paragraph (d)(5), removing ``veteran-nonveteran'' and adding in
its place ``supported students versus nonsupported students''; and
0
f. Adding paragraph (e).
The revisions and addition read as follows:
Sec. 21.9675 Conditions that result in reduced rates or no payment--
for provisions effective before August 1, 2011.
During the period beginning August 1, 2009, and ending July 31,
2011, the payment rates as established in Sec. Sec. 21.9640 and
21.9655 will be reduced in accordance with this section whenever the
circumstances described in this section arise.
* * * * *
(c) * * *
(2) The amount of educational assistance payable for pursuit of an
approved program of education by an eligible individual, as described
in this paragraph (c), will be--
(i)(A) The amount equal to any portion of tuition and fees charged
for the course that are not paid by a Federal (other than one
administered by VA), State, or local program; plus
(B) The amount equal to any charges to the eligible individual for
the cost of necessary books, supplies, and equipment not to exceed
$1,000 each academic year.
(ii) The amounts payable under paragraph (c)(2)(i) of this section
will be prorated based on the individual's eligibility percentage as
determined in Sec. 21.9640(a).
* * * * *
(e) Authority. (1) Paragraph (a) of this section issued under the
authority of (a) 38 U.S.C. 3034(a), 3323(a), 3680(a);
(2) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3482(g); and
(3) Paragraph (d) of this section issued under the authority of 38
U.S.C. 501(a), 3034(a), 3323(a).
0
51. Add Sec. 21.9676 to read as follows:
Sec. 21.9676 Conditions that result in reduced rates or no payment--
for provisions effective after July 31, 2011.
After July 31, 2011, the payment rates as established in Sec. Sec.
21.9641 and 21.9655 will be reduced in accordance with this section
whenever the circumstances described in this section arise.
(a) Withdrawals and nonpunitive grades. Except as provided in this
paragraph (a), VA will not pay educational assistance for an eligible
individual's pursuit of a course from which the eligible individual
withdraws or receives a nonpunitive grade that is not used in computing
the requirements for graduation. VA may pay educational assistance for
a course from which the eligible individual withdraws or receives a
nonpunitive grade if--
(1) The individual withdraws because he or she is ordered to
active-duty service or, in the case of an individual serving on active
duty, he or she is ordered to a new duty location or assignment, or
ordered to perform an increased amount of work; or
(2) There are mitigating circumstances; and
(i) The eligible individual submits a description of the mitigating
circumstances in writing to VA within one year from the date VA
notifies the eligible individual that a description is needed, or at a
later date if the eligible individual is able to show good cause why
the one-year time limit should be extended to the date on which he or
she submitted the description of the mitigating circumstances; and
(ii) The eligible individual submits evidence supporting the
existence of mitigating circumstances within one year of the date VA
requested the evidence, or at a later date if the eligible individual
is able to show good cause why the one-year time limit should be
extended to the date on which he or she submitted the evidence
supporting the existence of mitigating circumstances.
(b) No monthly housing allowance for some incarcerated individuals.
An individual who is incarcerated in a Federal, State, local, or other
penal institution or correctional facility due to a felony conviction
will not receive a monthly housing allowance.
(c) Reduced educational assistance for some incarcerated
individuals. (1) An individual who is incarcerated in a Federal, State,
local, or other penal institution or correctional facility due to a
felony conviction will receive--
(i) The net costs for tuition and fees not paid by any other form
of financial assistance, not to exceed the amounts specified in Sec.
21.9641(b); and
(ii) The amount of necessary books, supplies, and equipment not
paid by any other form of financial assistance, not to exceed $1,000
each academic year.
(2) The amounts payable under paragraph (c)(1) of this section will
be prorated based on the individual's eligibility percentage as
determined in Sec. 21.9641(a).
(d) No educational assistance for certain enrollments. VA will not
pay educational assistance for--
(1) An enrollment in an audited course (see Sec. 21.4252(i));
(2) A new enrollment in a course during a period when the approval
has been suspended by a State approving agency or VA;
(3) An enrollment in a course by a nonmatriculated student except
as provided in Sec. 21.4252(l);
(4) An enrollment in a course certified to VA by the individual
taking the course;
(5) A new enrollment in a course which does not meet the supported
students versus nonsupported students ratio requirement as computed
under Sec. 21.4201; and
(6) An enrollment in a course offered under contract for which VA
approval is prohibited by Sec. 21.4252(m).
(e) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3680(a);
(2) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3482(g); and
(3) Paragraph (d) of this section issued under the authority of 38
U.S.C. 501(a), 3034(a), 3323(a).
0
52. Amend Sec. 21.9680 by revising the section heading and adding
introductory text to read as follows:
Sec. 21.9680 Certifications and release of payments--for provisions
effective before August 1, 2011.
For training pursued during the period beginning August 1, 2009,
and ending July 31, 2011--
* * * * *
0
53. Add Sec. 21.9681 to read as follows:
Sec. 21.9681 Certifications and release of payments--for provisions
effective after July 31, 2011.
For training pursued after July 31, 2011--
[[Page 5354]]
(a) Payee. (1) VA will make payment of the appropriate amount of
tuition and fees, as determined under Sec. 21.9641, directly to the
educational institution as a lump sum payment for the entire quarter,
semester, or term, as applicable.
(2) VA will make all other payments to the eligible individual or a
duly appointed fiduciary. VA will make direct payment to the eligible
individual even if he or she is a minor.
(3) The assignment of educational assistance is prohibited. In
administering this provision, VA will apply the provisions of Sec.
21.4146 to 38 U.S.C. chapter 33.
(b) Payments. (1) VA will pay educational assistance for an
eligible individual's enrollment in an approved program (other than one
seeking tuition assistance Top-Up; one seeking reimbursement for taking
an approved licensing or certification test; one seeking reimbursement
for a national test for admission or a national test for credit; or one
who qualifies for an advance payment of the monthly housing allowance)
only after the educational institution has certified the individual's
enrollment as provided in Sec. 21.9721 and provided its Taxpayer
Identifying Number (TIN) and/or Automated Clearing House (ACH)
information in accordance with 31 U.S.C 7701(c)(1).
(2) VA will apply the provisions of this section in making advance
payments of the monthly housing allowance to eligible individuals.
(i) VA will make payments of the monthly housing allowance in
advance when:
(A) The eligible individual has specifically requested such a
payment;
(B) The individual is enrolled at a rate of pursuit greater than
half-time;
(C) The educational institution at which the eligible individual is
accepted or enrolled has agreed to and can satisfactorily carry out the
provisions of 38 U.S.C. 3680(d)(4)(B), (d)(4)(C), and (d)(5) pertaining
to receipt, delivery, and return of checks, and certifications of
delivery and enrollment;
(D) The Director of the VA Regional Processing Office of
jurisdiction has not acted under paragraph (b)(2)(iv) of this section
to prevent advance payments being made to the eligible individual's
educational institution;
(E) There is no evidence in the eligible individual's claim file
showing that he or she is not eligible for an advance payment;
(F) The period for which the eligible individual has requested a
payment is preceded by a period of nonpayment of 30 days or more.
(G) The educational institution or the eligible individual has
submitted the certification required by Sec. 21.9715.
(ii) The amount of the advance payment to an eligible individual is
the amount payable for the monthly housing allowance for the month or
fraction thereof in which the term or course will begin plus the amount
of the monthly housing allowance for the following month.
(iii) VA will mail advance payments to the educational institution
for delivery to the eligible individual. The educational institution
will not deliver the advance payment check more than 30 days in advance
of the first date of the enrollment period for which VA makes the
advance payment.
(iv) The Director of the VA Regional Processing Office of
jurisdiction may direct that advance payments not be made to
individuals attending an educational institution if:
(A) The educational institution demonstrates an inability to comply
with the requirements of paragraph (b)(2)(iii) of this section;
(B) The educational institution fails to provide adequately for the
safekeeping of the advance payment checks before delivery to the
eligible individual or return to VA; or
(C) The Director determines, based on compelling evidence, that the
educational institution has demonstrated its inability to discharge its
responsibilities under the advance payment program.
(3) VA will make a lump sum payment for the entire quarter,
semester, or term:
(i) To the educational institution, on behalf of an eligible
individual, for the appropriate amount of tuition and fees;
(ii) To an eligible individual for the appropriate amount for
books, supplies, equipment, and other educational costs; and
(iii) To an eligible individual entitled to the $500 rural
relocation benefit.
(4) [Reserved]
(5) VA will pay educational assistance to an eligible individual as
reimbursement for taking an approved licensing or certification test
only after the eligible individual has submitted to VA a copy of his or
her official test results and, if not included in the results, a copy
of another official form (such as a receipt or registration form) that
together must include:
(i) The name of the test;
(ii) The name and address of the organization or entity issuing the
license or certificate;
(iii) The date the eligible individual took the test; and
(iv) The cost of the test.
(6) VA will pay educational assistance to an eligible individual as
reimbursement for taking an approved national test for admission or a
national test for credit only after the eligible individual has
submitted a claim for the test to VA that includes the following
information:
(i) The name of the test;
(ii) The name of the organization offering the test;
(iii) The date the eligible individual took the test;
(iv) The cost of the test; and
(v) Such other information as the Secretary may require.
(7) VA may authorize payment of the monthly housing allowance (as
increased under Sec. Sec. 21.9650(a) and 21.9655(a), if applicable)
for a temporary school closing in accordance with the provisions of
Sec. 21.4138(g) of this chapter.
(c) Rural relocation benefit. VA will make the $500 rural
relocation benefit payment after--
(1) The educational institution has certified the individual's
enrollment as provided in Sec. 21.9721;
(2) The individual has provided--
(i) Request for benefit. An individual must submit a request for
the rural relocation benefit in writing;
(ii) Proof of residence. (A) An individual must provide proof of
his or her place of residence by submitting any of the following
documents bearing his or her name and current address:
(1) DD Form 214, Certification of Release or Discharge from Active
Duty; or
(2) The most recent Federal income tax return; or
(3) The most recent State income tax return; or
(4) Rental/lease agreement; or
(5) Mortgage document; or
(6) Current real property assessment; or
(7) Voter registration card.
(B) An individual using entitlement granted under Sec. 21.9571
who, because he or she resides with the transferor or, in the case of a
child, a parent, who cannot provide any of the documents in paragraph
(c)(2)(ii) of this section, may submit as proof of residence any
document in paragraphs (c)(2)(ii)(A)(2) through (7) of this section
bearing the name and current address of the transferor or, in the case
of a child, a parent; and
(C) VA must determine that the individual resided in a county (or
similar entity utilized by the Bureau of the Census) with less than
seven persons per square mile based on the most recent decennial census
prior to relocation.
[[Page 5355]]
(iii) Proof of relocation. An individual must provide proof that he
or she either: (A) physically relocated at least 500 miles, confirmed
by means of a commonly available internet search engine for mapping
upon entering the individual's resident address provided in paragraph
(c)(2)(ii) of this section as the beginning point and the address of
the educational institution as the ending point; or
(B) traveled by air to physically attend an institution of higher
learning for pursuit of such a program of education because the
individual could not travel to the educational institution by land due
to the absence of road or other infrastructure. An individual must
provide airline receipts for travel with a departure and destination
airport within reasonable distance from the home of residence and the
educational institution.
(d) Apportionments prohibited. VA will not apportion educational
assistance.
(e) Accrued benefits. Educational assistance remaining due and
unpaid on the date of the individual's death is payable under the
provisions of Sec. 3.1000 of this chapter.
(f) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3034(a), 3313(g), 3323(a), 3680, 5301;
(2) Paragraph (b)(1) of this section issued under the authority of
38 U.S.C. 3034(a), 3323(a), 3680(g), 3689; 31 U.S.C. 7701(c);
(3) Paragraph (b)(2) of this section issued under the authority of
38 U.S.C. 3034(a), 3323(a), 3689;
(4) Paragraphs (b)(3) through (b)(5) of this section issued under
the authority of 38 U.S.C. 3034(a), 3323(a), 3689;
(5) Paragraph (b)(6) of this section issued under the authority of
38 U.S.C. 3315A;
(6) Paragraph (b)(7) of this section issued under the authority of
38 U.S.C. 3680(a);
(7) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3318;
(8) Paragraph (d) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3680); and
(9) Paragraph (e) of this section issued under the authority of 38
U.S.C. 5121.
(The Office of Management and Budget has approved the information
collection provisions in paragraphs (a) through (b)(1) of this
section under control number 2900-0073, the information collection
provisions in paragraphs (b)(2) through (5) of this section under
control numbers 2900-0695 and 2900-0706, and the information
collection provisions in paragraph (b)(6) under control numbers
2900-0695, 2900-0698, and 2900-0706.)
0
54. Amend Sec. 21.9690 by revising the section heading and adding
introductory text to read as follows:
Sec. 21.9690 Nonduplication of educational assistance--for provisions
effective before August 1, 2011.
For training pursued during the period beginning August 1, 2009,
and ending July 31, 2011--
* * * * *
0
55. Add Sec. 21.9691 to read as follows:
Sec. 21.9691 Nonduplication of educational assistance--for provisions
effective after July 31, 2011.
For training pursued after July 31, 2011--
(a) Nonduplication--Concurrent benefits. Except for receipt of a
Montgomery GI Bill-Active Duty kicker provided under 38 U.S.C. 3015(d)
or a Montgomery GI Bill-Selected Reserve kicker provided under 10
U.S.C. 16131(i),
(1) An eligible individual is barred from receiving educational
assistance under 38 U.S.C. chapter 33 concurrently with educational
assistance provided under--
(i) 10 U.S.C. 510 (National Call to Service);
(ii) 10 U.S.C. chapter 1606 (Montgomery GI Bill--Selected Reserve);
(iii) 10 U.S.C. chapter 1607 (Reserve Educational Assistance
Program);
(iv) 10 U.S.C. chapter 106a (Section 901, Educational Assistance
Test Program);
(v) 38 U.S.C. chapter 30 (Montgomery GI Bill--Active Duty);
(vi) 38 U.S.C. chapter 31 (Veteran Readiness and Employment
Program);
(vii) 38 U.S.C. chapter 32 (Post-Vietnam Era Veterans' Educational
Assistance);
(viii) 38 U.S.C. chapter 35 (Survivors' and Dependents' Educational
Assistance); or
(ix) Hostage Relief Act of 1980.
(2) An individual who is eligible for educational assistance under
more than one program listed in paragraph (a)(1) of this section must
specify in writing which benefit he or she wishes to receive. The
eligible individual may choose to receive payment under another
educational assistance program at any time, but may not change which
benefit he or she will receive more than once during a term, quarter,
or semester.
(b) Nonduplication--Federal program. Payment of educational
assistance is prohibited to an otherwise eligible reservist--
(1) For a unit course or courses that are being paid for entirely
or partly by the Armed Forces during any period in which he or she is
on active duty service; or
(2) For a unit course or courses that are being paid for entirely
or partly by the United States under the Government Employees Training
Act.
(c) Nonduplication--Transferred benefits and Fry Scholarship. An
individual entitled to educational assistance under Sec. 21.9520(d)
and because of a transfer of entitlement under Sec. 21.9571--
(1) May not receive educational assistance under both provisions
concurrently.
(2) Must specify in writing the provision under which he or she
wishes to receive benefits. The individual may request to receive
benefits under either provision at any time, but may not change the
provision under which he or she will receive benefits more than once
during a term, quarter, or semester. Except in cases when an individual
exhausts entitlement under a provision during a term, quarter, or
semester, the request will be effective the beginning date of the
enrollment period following the request.
(d) Nonduplication--Transferred benefits. An individual who is
entitled to educational assistance based on a transfer of entitlement
under Sec. 21.9571 from more than one individual--
(i) May not receive assistance based on transfers from more than
one individual concurrently.
(ii) Must specify in writing whose entitlement he or she wishes to
use at any one time. The individual may request to use benefits
transferred to him or her by any of the transferors at any time, but
may not change whose entitlement he or she wishes to use from one
individual to another more than once during a term, quarter, or
semester. Except in cases when an individual exhausts his or her
transferred entitlement during a term, quarter, or semester, the
request will be effective the beginning date of the enrollment period
following the request.
(e) Nonduplication--Fry Scholarship and compensation and pension.
The commencement of a program of education based on eligibility for
educational assistance under Sec. 21.9520(d) by an eligible individual
is a bar to--
(1) Subsequent payments of dependency and indemnity compensation or
pension based on the death of a parent to the eligible individual when
the eligible individual attains 18 years of age.
(2) Increased rates, or additional amounts, of compensation,
dependency and indemnity compensation, or
[[Page 5356]]
pension paid on account of the eligible individual.
(f) Nonduplication--Fry Scholarship. (1) An individual who is
entitled to educational assistance based on the death of more than one
parent under Sec. 21.9520(d) may not receive assistance under Sec.
21.9520(d) for the same enrollment period based on the deaths of both
parents.
(2) The individual must specify in writing on which parent's death
to base his or her entitlement. The individual may request to base
entitlement on either parent's death at any time, but may not change on
whose death he or she chooses to base entitlement more than once during
a term, quarter, or semester. Except in cases where an individual
exhausts entitlement that is based on one parent's death during a term,
quarter, or semester, the request will be effective the beginning date
of the enrollment period following the request.
(g) Nonduplication--Entitlement based on individual's active duty
service. (1) An individual who is entitled to educational assistance
under Sec. 21.9520(a) or (b) and who is entitled to educational
assistance under Sec. 21.9520(d) or Sec. 21.9571 may not receive
educational assistance based on his or her own period of service and
educational assistance based on someone else's service concurrently.
(2) The individual must specify in writing the provision under
which he or she wishes to receive benefits. The individual may request
to receive benefits under either provision at any time, but may not
change the provision under which he or she will receive benefits more
than once during a term, quarter, or semester. Except in cases when an
individual exhausts entitlement under one provision during a term,
quarter, or semester, the request will be effective the beginning date
of the enrollment period following the request.
(h) Nonduplication--Eligibility based on a single event or period
of service--(1) Active duty service. (i) An individual with qualifying
active duty service in the Armed Forces that may be used to establish
eligibility for educational assistance under 38 U.S.C. chapter 30, 32,
or 33, and 10 U.S.C. chapter 1606 or 1607, must make an irrevocable
election in writing specifying under which program to establish
eligibility and to which program to credit service.
(ii) An individual may not request that portions of a single period
of service be credited to different benefit programs. VA considers a
single period of service to be one from which the individual is
discharged or released, including a discharge for immediate
reenlistment.
(2) Assistance based on parent's service. A child eligible for
educational assistance under Sec. 21.9520(d) and 38 U.S.C. chapter 35,
based on the parent's death must make an irrevocable election in
writing specifying which benefit he or she wishes to receive.
(i) Authority. (1) Paragraph (a)(1) of this section issued under
the authority of 38 U.S.C. 3034(a), 3322, 3323(a), 3681; section 901,
Pub. L. 96-342;
(2) Paragraph (a)(2) of this section issued under the authority of
38 U.S.C. 3034(a), 3322, 3323(a), 3681;
(3) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3681;
(4) Paragraph (c) of this section issued under the authority of 38
U.S.C. 3322(e), 3323(c);
(5) Paragraph (d) of this section issued under the authority of 38
U.S.C. 3322(g), 3323(c);
(6) Paragraph (e) of this section issued under the authority of 38
U.S.C. 3322(f);
(7) Paragraph (f) of this section issued under the authority of 38
U.S.C. 501(a), 3323(c);
(8) Paragraph (g) of this section issued under the authority of 38
U.S.C. 501(a), 3323(c); and
(9) Paragraph (h) of this section issued under the authority of 38
U.S.C. 501(a), 3322(h);
(The Office of Management and Budget has approved the information
collection provisions in paragraphs (a) through (e) of this section
under control number 2900-0098, and the information collection
provisions in paragraphs (f) through (h) of this section under
control numbers 2900-0154 and 2900-0098.)
0
56. Amend Sec. 21.9695 by:
0
a. Removing the parenthetical authority citation at the end of
paragraph (a);
0
b. In paragraph (a), removing ``institutions of higher learning'' and
adding in its place ``educational institutions'';
0
c. In paragraph (b), removing ``institution of higher learning''
wherever it appears and adding in its place ``educational
institution'';
0
d. Revising paragraph (b)(3) and removing the parenthetical authority
citation at the end of the paragraph;
0
f. In paragraph (b)(4)(ii)(A), removing ``established charges'' and
adding in its place ``tuition and fees'';
0
g. Removing the parenthetical authority citation at the end of
paragraph (b)(4)(ii)(C); and
0
h. Adding paragraph (c).
The revision and addition read as follows:
Sec. 21.9695 Overpayments.
* * * * *
(b) * * *
(3)(i) The amount of the overpayment of educational assistance paid
to the eligible individual, or paid to the educational institution on
behalf of the individual, constitutes a liability of the educational
institution if:
(A) VA determines that the overpayment is the result of willful or
negligent false certification by the educational institution, or
willful or negligent failure to certify excessive absences from a
course, discontinuance of a course, or interruption of a course by the
eligible individual.
(B) The student never attends classes for which he or she was
certified (regardless of the reason for non-attendance);
(C) The student completely withdraws from all courses on or before
the first day of the certified period of enrollment;
(D) The student dies during the term (see Sec. Sec. 21.9635(a)(2)
and 21.9636(a)(2));
(E) The educational institution receives a payment for the wrong
student;
(F) The educational institution receives a duplicate payment for a
student;
(G) The educational institution receives a payment in excess of the
amount certified to VA on the enrollment certification; or
(H) The educational institution submits an amended enrollment
certification to correctly report a reduced amount of tuition and fee
charges, reduced Yellow Ribbon Program contributions, or reduced
amounts for both tuition and fees and Yellow Ribbon Program
contributions.
(ii) In determining whether an overpayment resulting from the
actions listed in paragraph (b)(3)(i) of this section should be
recovered from an educational institution, VA will apply the provisions
of Sec. 21.4009 (except paragraph (a)(1)) to overpayments of
educational assistance under 38 U.S.C. chapter 33.
* * * * *
(c) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3034(a), 3323(a), 3690(b);
(2) Paragraphs (b) through (b)(3)(ii) of this section issued under
the authority of 38 U.S.C. 3034(a), 3323(a), 3685; and
(3) Paragraphs (b)(3)(iii) through (b)(4) of this section issued
under the authority of 38 U.S.C. 3034(a), 3323, 3685, 5302.
0
57. Amend Sec. 21.9700 by:
0
a. Removing ``established charges'' wherever it appears and adding in
its place ``tuition and fees'';
[[Page 5357]]
0
b. Removing ``38 U.S.C. chapter 3313(c)(1)(A)'' wherever it appears and
adding in its place ``paragraphs (b) and (c) of Sec. 21.9640 and
paragraphs (b)(1) and (2) of Sec. 21.9641'';
0
c. Revising paragraph (b);
0
d. In paragraph (d)(6)(i), removing ``undergraduate'' and adding in its
place ``certificate, undergraduate'';
0
e. In paragraph (f), removing ``school'' and adding in its place
``IHL'';
0
f. In paragraph (g), removing ``school's'' and adding in its place
``IHL's''; and
0
g. Adding at the end of the section a parenthetical with the OMB
control number for the approval of the information collection.
The revision and addition read as follows:
Sec. 21.9700 Yellow Ribbon Program.
* * * * *
(b) Eligible individuals. This program is only available to
individuals entitled to the 100-percent educational assistance rate
(based on service requirements as shown in Sec. 21.9640(a) or Sec.
21.9641(a), whichever is applicable) or to their designated dependents
using entitlement transferred under Sec. 21.9570 or Sec. 21.9571,
whichever is applicable, or effective August 1, 2018, to individuals
using Fry Scholarship entitlement under Sec. 21.9520(d) who are
pursuing training at an eligible IHL.
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-
0154 and 2900-0718.)
0
58. Revise Sec. 21.9710 to read as follows:
Sec. 21.9710 Pursuit.
Except for an eligible individual seeking tuition assistance Top-Up
or reimbursement for taking an approved national test for admission, a
national test for credit, or a licensing or certification test, the
individual's educational assistance depends upon his or her pursuit of
a program of education.
(Authority: 38 U.S.C. 3323(c))
Sec. 21.9715 [Amended]
0
59. Amend Sec. 21.9715 by:
0
a. Removing ``the institution of higher learning'' wherever it appears
and adding in its place ``the educational institution'';
0
b. In the introductory text, removing ``Sec. 21.9640(b)(1)(ii) or
(b)(2)(ii)'' and adding in its place ``Sec. 21.9640(b)(1)(ii),
(b)(2)(ii), or Sec. 21.9641(c), whichever is applicable'';
0
c. In paragraph (b)(1), removing ``an institution of higher learning''
and adding in its place ``the educational institution''; and
0
d. In paragraph (b)(2), removing ``Sec. 21.9730'' and adding in its
place ``Sec. 21.9735''.
0
60. Amend Sec. 21.9720 by revising the section heading and the
introductory text to read as follows:
Sec. 21.9720 Certification of enrollment--for provisions effective
before August 1, 2011.
For training pursued during the period beginning August 1, 2009,
and ending July 31, 2011, an IHL must certify an eligible individual's
enrollment before he or she may receive educational assistance, except
as stated in Sec. 21.9680.
* * * * *
0
61. Add Sec. 21.9721 to read as follows:
Sec. 21.9721 Certification of enrollment--for provisions effective
after July 31, 2011.
For training pursued after July 31, 2011, an educational
institution must certify an eligible individual's enrollment before he
or she may receive educational assistance, except as stated in Sec.
21.9681.
(a) Educational institutions must certify most enrollments. VA does
not, as a condition of advance payment, require educational
institutions to certify the enrollments of eligible individuals who are
seeking an advance payment (as described in Sec. 21.9715). VA does not
require organizations or entities offering a national test for
admission, a national test for credit, or a licensing or certification
test to certify that the eligible individual took the test. In all
other cases, the educational institution must certify the eligible
individual's enrollment before he or she may receive educational
assistance. This certification must be in a form specified by the
Secretary and contain such information as specified by the Secretary.
(b) Length of the enrollment period covered by the enrollment
certification. (1) Educational institutions that offer courses on a
term, quarter, or semester basis will report enrollment for the term,
quarter, semester, ordinary school year, or ordinary school year plus
summer term. If the certification covers two or more terms, the
educational institution will report each term, quarter, or semester
separately.
(2) Educational institutions organized on a year-round basis that
do not offer courses on a term, quarter, or semester basis will report
enrollment for the length of the course. The certification will include
a report of the dates during which the educational institution closes
for any intervals designated in its approval data as breaks between
school years.
(3) When an eligible individual enrolls in a distance learning
program leading to a standard college degree, the institution of higher
learning's certification will include--
(i) The enrollment date; and
(ii) The ending date for the period being certified. If the
educational institution has no prescribed maximum time for completion,
the certification must include an ending date based on the educational
institution's estimate for completion.
(c) Authority. (1) Paragraph (a) of this section issued under the
authority of 38 U.S.C. 3014(b), 3031, 3034(a), 3323(a), 3482(g), 3680,
3687, 3689, 5101(a); and
(2) Paragraph (b) of this section issued under the authority of 38
U.S.C. 3034(a), 3323(a), 3684.
(The Office of Management and Budget has approved the information
collection provision in this section under control number 2900-
0073.)
Sec. 21.9725 [Amended]
0
62. Amend Sec. 21.9725 by:
0
a. Removing ``institution of higher learning'' wherever it appears and
adding in its place ``educational institution''; and
0
b. In paragraph (b), removing ``institution of higher learning's'' and
adding in its place ``educational institution's''.
Sec. 21.9735 [Amended]
0
63. Amend Sec. 21.9735 by removing ``individuals and institutions of
higher learning'' and adding in its place ``eligible individuals and
educational institutions''.
Sec. 21.9740 [Amended]
0
64. Amend Sec. 21.9740 by:
0
a. Removing ``institution of higher learning'' wherever it appears and
adding in its place ``educational institution''; and
0
b. Removing ``institution of higher learning's'' wherever it appears
and adding in its place ``educational institution's''.
0
65. Amend Sec. 21.9750 by:
0
a. In paragraph (a), removing ``institution of higher learning'' and
adding in its place ``educational institution'';
0
b. Revising the heading to paragraph (b);
0
c. Removing paragraph (b) introductory text; and
0
d. Revising paragraph (b)(1).
The revisions read as follows:
Sec. 21.9750 Course measurement.
* * * * *
[[Page 5358]]
(b) Measurement of courses reported in clock hours at IHLs. (1) If
the courses pursued at an IHL are measured in clock hours, VA will
convert the clock hours to equivalent credit hours by--
(i) Adding the total number of clock hours pursued during the term,
quarter or semester;
(ii) Dividing the sum of paragraph (b)(1) of this section by the
total number of weeks in the term; and
(iii) Multiplying the result of paragraph (b)(2) of this section
rounded to the nearest 100th by--
(A) If the educational institution measures courses using both
credit and clock hours, the decimal determined by dividing the number
of credit hours considered full-time at the educational institution by
the number of clock hours considered full-time at the educational
institution.
(B) If the educational institution only measures courses using
clock hours, the decimal determined by dividing 14 credit hours by the
number of clock hours considered full-time at the educational
institution.
* * * * *
Sec. 21.9765 [Amended]
0
66. Amend Sec. 21.9765 by removing ``institution of higher learning''
and adding in its place ``educational institution''.
[FR Doc. 2024-29907 Filed 1-15-25; 8:45 am]
BILLING CODE 8320-01-P