Rule2025-14486
The 81-Month Rule for Dependents' Education Assistance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 31, 2025
Effective
July 31, 2025
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is issuing this final rule to update its regulation governing a beneficiary's receipt of education assistance from two or more programs. This action is necessary to implement a statutory amendment enacted in August 2012, which authorized an 81-month aggregate period for use of Survivors' and Dependents' Educational Assistance (Chapter 35) benefits in combination with other programs listed in the statute. This rulemaking amends the regulation to align it with the current statutory text.
Full Text
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<title>Federal Register, Volume 90 Issue 145 (Thursday, July 31, 2025)</title>
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[Federal Register Volume 90, Number 145 (Thursday, July 31, 2025)]
[Rules and Regulations]
[Pages 35965-35966]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14486]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AS30
The 81-Month Rule for Dependents' Education Assistance
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is issuing this final
rule to update its regulation governing a beneficiary's receipt of
education assistance from two or more programs. This action is
necessary to implement a statutory amendment enacted in August 2012,
which authorized an 81-month aggregate period for use of Survivors' and
Dependents' Educational Assistance (Chapter 35) benefits in combination
with other programs listed in the statute. This rulemaking amends the
regulation to align it with the current statutory text.
DATES: This rule is effective July 31, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Alphonso, Veterans Benefits
Administration, (202) 461-9800.
SUPPLEMENTARY INFORMATION: In August 2012, Congress enacted Public Law
112-154, Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012 (the Act). Section 401 of the Act amended 38
U.S.C. 3695 by increasing the aggregate limit of a beneficiary's
educational assistance under Chapter 35 and one or more programs listed
in 38 U.S.C. 3695(a) from 48 months to 81 months. To implement this
change, VA is amending 38 CFR 21.4020 to align it with the current
statute.
VA is amending Sec. 21.4020 by removing the reference to 38 U.S.C.
chapter 35 in paragraph (a)(4), so that a beneficiary entitled to
benefits under Chapter 35 and one or more programs listed in paragraph
(a) is not limited to 48 months of aggregate entitlement. VA is also
adding new paragraph (c) to provide that ``[t]he aggregate period for
which any person may receive assistance under 38 U.S.C. chapter 35 in
combination with any of the provisions of law referred to in paragraph
(a) may not exceed 81 months (or the part-time equivalent thereof).''
VA is also updating Sec. 21.4020(a)(5) by removing the reference
to 10 U.S.C. chapter 106a and adding references to 10 U.S.C. chapters
107 and 1611 to align that provision with 38 U.S.C. 3695(a)(5).
These changes will update the regulation to make it consistent with
38 U.S.C. 3695.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under the Administrative Procedure Act (APA) to publish this rule
without prior opportunity for public comment and with an immediate
effective date. Pursuant to 5 U.S.C. 553(b)(B), general notice and
opportunity for public comment are not required with respect to a
rulemaking when an ``agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary
[[Page 35966]]
to the public interest.'' See Nat. Res. Def. Council v. Nat'l Highway
Traffic Safety Admin., 894 F.3d 95, 114 (2nd Cir. 2018) (noting that an
agency may invoke the good-cause exception when notice and comment are
``unnecessary'' in ``those situations in which the administrative rule
is a routine determination, insignificant in nature and impact, and
inconsequential to the industry [ ] and to the public'').
By statute, Congress has authorized an aggregate period of 81
months of assistance to individuals who use Chapter 35 benefits
combined with benefits from other programs listed in section 3695(a).
VA's authority is limited to implementing the statutes as enacted by
Congress. Therefore, additional public comment would be superfluous and
unnecessary.
The APA also requires a 30-day delayed effective date, except for
``(1) a substantive rule which grants or recognizes an exemption or
relieves a restriction; (2) interpretative rules and statements of
policy; or (3) as otherwise provided by the agency for good cause found
and published with the rule.'' 5 U.S.C. 553(d). For the reasons stated
above, the Secretary finds that there is also good cause for this rule
to be effective immediately upon publication. Any delay in
implementation would be unnecessary for purposes of 5 U.S.C. 553(d)(3).
Executive Orders 12866, 13563, and 14192
VA examined the impact of this rulemaking as required by Executive
Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. The Office of Information and
Regulatory Affairs has determined that this rulemaking is not a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. This final rule is a
deregulatory action under Executive Order 14192. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, is not applicable
to this rulemaking because notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), 604(a).
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 one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has designated this
rule as not a major rule, as defined by 5 U.S.C. 804(2).
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
Douglas A. Collins, Secretary of Veterans Affairs, approved this
document on July 24, 2025, 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.
Taylor N. Mattson,
Alternate Federal Register Liaison Officer, Department of Veterans
Affairs.
For the reasons stated in the preamble, VA amends 38 CFR part 21 as
set forth below:
PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
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1. The authority citation for part 21, subpart D continues to read as
follows:
Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs.
30, 32, 33, 34, 35, 36, and as noted in specific sections.
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2. Amend Sec. 21.4020 by:
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a. In paragraph (a)(4), by removing ``35,'';
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b. Revising paragraph (a)(5);
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c. Removing the authority citation following paragraph (a)(8); and
0
d. Adding paragraph (c) before the authority citation at the end of the
section.
The revisions and addition read as follows:
Sec. 21.4020 Two or more programs.
(a) * * *
(5) 10 U.S.C. chapters 107, 1606, 1607, and 1611;
* * * * *
(c) Limit of Aggregate Assistance. The aggregate period for which
any person may receive assistance under 38 U.S.C. chapter 35 in
combination with any of the provisions of law referred to in paragraph
(a) of this section may not exceed 81 months (or the part-time
equivalent thereof).
* * * * *
[FR Doc. 2025-14486 Filed 7-30-25; 8:45 am]
BILLING CODE 8320-01-P
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