[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Proposed Rules]
[Pages 54069-54073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21921]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 76

RIN 2900-AN43


U.S. Paralympics Monthly Assistance Allowance

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to establish regulations for the 
payment of a monthly assistance allowance to military veterans training 
to make the United States Paralympics team, as authorized by section 
703 of the Veterans' Benefits Improvement Act of 2008. The proposed 
rule would facilitate the payment of a monthly assistance allowance to 
a veteran with a service-connected or nonservice-connected disability 
if the veteran is competing for a slot on or selected for the United 
States Paralympics team or is residing at a United States Paralympics 
training center. The proposed rule would require submission of an 
application to establish eligibility for the allowance and 
certification by the United States Paralympics.

DATES: Comments must be received on or before October 4, 2010.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments should indicate that they are submitted in response to ``RIN 
2900-

[[Page 54070]]

AN43--U.S. Paralympics Monthly Assistance Allowance.'' Copies of 
comments received will be available for public inspection in the Office 
of Regulation Policy and Management, Room 1063B, between the hours of 8 
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please 
call (202) 461-4902 for an appointment. (This is not a toll-free 
number.) In addition, during the comment period, comments are available 
online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Matt Bristol, Office of National 
Veterans Sports Programs and Special Events (002C), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; (202) 
461-7447. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In 2008, Congress amended title 38, United 
States Code, to add a new section 322 regarding establishment of the 
Department of Veterans Affairs (VA) Office of National Veterans Sports 
Programs and Special Events. Public Law 110-389, sec. 703. Subject to 
the availability of appropriations, Congress authorized VA to provide 
certain disabled veterans, who participate in programs or events 
sanctioned by the United States Paralympics (USP) or who reside at a 
USP training center, a monthly assistance allowance. 38 U.S.C. 322. VA 
proposes to amend its regulations to implement the allowance.
    Under section 322, VA may provide an allowance to a veteran with a 
disability who is: (1) Invited by the USP to compete for a slot on, or 
selected for, the USP Team, for any month or part of any month in which 
the veteran is training or competing in any event sponsored by the USP 
or the International Paralympic Committee (IPC); or (2) residing at a 
USP training center in connection with any paralympic training or 
competition. The USP estimates that up to 70 veterans may qualify for 
this allowance annually.
    We propose to implement the allowance in new 38 CFR part 76. 
Although section 322(d) authorizes VA to pay the allowance to a veteran 
with a disability invited by the ``United States Paralympics, Inc.,'' 
to compete for a slot on, or selected for, the Paralympic Team, that 
entity is now designated as the ``United States Paralympics,'' and is a 
division of the United States Olympic Committee (USOC). Accordingly, we 
propose to refer to the USP, rather than the United States Paralympics, 
Inc.
    The proposed rule would include certain terms that must be defined 
for the purposes of part 76. In proposed Sec.  76.1(a), we would define 
the term ``disability'' to mean ``a service-connected or nonservice-
connected disability, which meets the criteria prescribed by the IPC's 
Classification Code and International Standards, November 2007 edition, 
available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf, and qualifies 
the veteran for participation in a sport sanctioned by the United 
States Paralympics.'' This document will be made available to the 
public via a VA-controlled source for purposes of the final rule, and 
this definition may be changed accordingly. This definition would be 
based on VA's authority in section 322(d) to pay the allowance ``to a 
veteran with a disability,'' which we interpret to mean a veteran with 
a service-connected or nonservice-connected disability. In section 
322(d)(3) Congress required VA to give priority to veterans with 
service-connected disabilities in providing the allowance. By setting 
up a priority in payment, Congress demonstrated its intent to allow 
veterans with both service-connected and nonservice-connected 
disabilities to qualify for the allowance if funding is available.
    As stated previously, section 322(d) authorizes VA to ``provide a 
monthly assistance allowance to a veteran with a disability invited by 
the [USP] to compete for a slot on, or selected for, the Paralympic 
Team for any month in which the veteran is training or competing in any 
event sanctioned by the [USP], or who is residing at a [USP] training 
center.'' In selecting individuals for international competition, USP 
must ensure competitors' compliance with the IPC Code and Standards 
because most individuals selected to compete for a slot on, or selected 
for, the Paralympic Team, which is associated with the USP, will 
ultimately compete internationally. Therefore, we propose to pay the 
allowance to those veterans with disabilities that meet IPC criteria.
    We propose to define the term ``Paralympic Training Center'' as 
referring to the following locations: the United States Olympic 
Training Center at Chula Vista, California; the United States Olympic 
Training Center at Colorado Springs, Colorado; the United States 
Olympic Training Center at Lake Placid, New York; the Lakeshore 
Foundation in Birmingham, Alabama; and the University of Central 
Oklahoma in Edmond, Oklahoma.
    As stated previously, section 322(d)(3) requires VA to give 
priority in payment of the allowance to veterans with service-connected 
disabilities. We propose to periodically assess funding levels to 
determine if funding for payment of the allowance will be sufficient to 
cover all applicants. Based on the estimated 70 veterans that may 
qualify for the allowance annually and the appropriated $2,000,000 in 
funding, VA believes it will be able to pay all applicants. If a 
periodic assessment reveals that funding for the allowance will be 
insufficient to pay all applicants, we propose to make payments in full 
first to veterans with service-connected disabilities.
    Section 322(d) authorizes funding for the allowance beginning in 
fiscal year 2010, or beginning October 1, 2009. Because funding has 
been available from October 1, 2009, we propose to allow retroactive 
payment for paralympic training, competition, or residence that 
occurred on or after October 1, 2009, if an application and appropriate 
certification are submitted to VA within 1 year of the effective date 
of this regulation. Based on the number of applications received from 
individuals with both service-connected and nonservice-connected 
disabilities within the first year, we will determine if funding for 
payment of the allowance for fiscal year 2010 is sufficient to pay 
fully all eligible applicants. If funding is insufficient to pay all 
eligible applicants, we propose to first pay those eligible applicants 
with service-connected disabilities. To the extent funds remain to pay 
eligible applicants with nonservice-connected disabilities, we will 
make payments in the order of receipt of applications. We believe this 
is the most equitable method for making retroactive payments to 
nonservice-connected veterans in case of limited funds.
    To allow for effective administration of payments of the allowance, 
and to ensure that veterans who are entitled to the allowance are 
accurately and timely paid, we propose to require qualifying veterans 
to submit an application with information pertinent to payment, 
including information pertaining to dependents, who may justify a 
higher rate of allowance. We also propose to require certification from 
the USP of participation in training or competition sponsored by the 
USP or the IPC, or residence at a USP Training Center. Such 
certification shall specify the dates of training, competition, or 
residence for which payment is requested so that VA has verification 
that payment is due.
    Section 322(d)(2) requires the amount of the allowance to be equal 
to the monthly amount of subsistence allowance that would be payable to 
a veteran under 38 U.S.C. chapter 31 of this title if the veteran were 
eligible for and entitled to rehabilitation under

[[Page 54071]]

chapter 31. We interpret section 322(d)(2) to refer to the monthly 
amount of subsistence allowance payable to a veteran for full-time 
institutional training under chapter 31 because an individual who is 
participating in USP or IPC training or competition or residing at a 
USP training center will be doing so on a full-time basis. Furthermore, 
veterans participating in full-time institutional training under 
chapter 31 is the most comparable category of recipients of chapter 31 
benefits to the category of individuals participating in USP or IPC 
training or competition or residing at a USP training center. 
Accordingly, we propose to base the amount of the allowance payable to 
individuals on the rate paid as a subsistence allowance for a full-time 
institutional program under chapter 31 of title 38, United States Code. 
(See 38 U.S.C. 3108(b)).
    We propose to allow an individual to be paid for each day of 
qualified training, competition, or residence at 1/30 of the monthly 
rate, or on a monthly basis for a continuous month of qualified 
training, competition, or residence. This recognizes the likely 
temporal irregularities that will occur with respect to periods of 
training, competition, or residence, and is consistent with long-
standing calculation methods employed by VA to address certain payments 
and entitlement-charge determinations for partial months under its 
education and vocational rehabilitation programs. Frequency of payment 
of the allowance will depend on the timing of the filing of a claim for 
a given period of time. Because our statutory authority requires that 
we base the amount of the allowance on the monthly amount of 
subsistence allowance that would be payable to a veteran under chapter 
31, and, under chapter 31, an additional amount is payable to veterans 
with dependents, we propose to pay an additional amount of allowance to 
veterans with dependents based on the rate paid as a subsistence 
allowance for a full-time institutional program under chapter 31 of 
title 38, United States Code to veterans with dependents.

Incorporation by Reference

    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51, we propose to 
incorporate by reference IPC's Classification Code and International 
Standards, November 2007 edition, at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf. This document will be made available to the public via a VA-
controlled source for purposes of the final rule. We will request 
approval of this incorporation by reference from the Office of the 
Federal Register. This document for which we are seeking incorporation 
by reference is available for inspection by appointment (call (202) 
461-4902 for appointment) at the Department of Veterans Affairs, Office 
of Regulation Policy and Management, Room 1063B, 810 Vermont Avenue, 
NW., Washington DC 20420, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays).

Comment Period

    Although under the rulemaking guidelines in Executive Order 12866, 
VA ordinarily provides a 60-day comment period, the Secretary has 
determined that there is good cause to limit the public comment period 
on this proposed rule to 30 days. VA does not expect to receive a large 
number of comments on this proposed rule because this regulation places 
minimal burden on affected parties and implements a new benefit. 
Furthermore, most of the proposed rule's requirements are mandated by 
38 U.S.C. 322. Lastly, VA believes that implementation of this 
regulation is urgent to assist veterans training for the United States 
Paralympics team. Accordingly, VA has provided that comments must be 
received within 30 days of publication in the Federal Register.

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 an 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 proposed rule would have no such 
effect on State, local, and tribal governments or on the private 
sector.

Paperwork Reduction Act

    This document contains two provisions (Sec.  76.3(a) and Sec.  
76.3(b)) constituting a collection of information under the Paperwork 
Reduction Act (44 U.S.C. 3501-3521) that require approval by the Office 
of Management and Budget (OMB) The Office of National Veterans Sports 
Programs and Special Events is developing two new forms for this 
allowance--an application and a certification of training. ONVSPSE will 
submit these forms to OMB, along with justification paperwork, as part 
of the proposed regulation.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Comments on the collections of information contained in this 
proposed rule should be submitted to the Office of Management and 
Budget, Attention: Desk Officer for the Department of Veterans Affairs, 
Office of Information and Regulatory Affairs, Washington, DC 20503, 
with copies sent by mail or hand delivery to the Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., 
NW., Room 1068, Washington DC 20420; fax to (202) 273-9026; or through 
www.Regulations.gov. Comments should indicate that they are submitted 
in response to ``RIN 2900-AN43.''
    The Department considers comments by the public on proposed 
collections of information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The proposed addition of 38 CFR Part 76 contains collections of 
information under the Paperwork Reduction Act for which we are 
requesting approval by OMB. These collections of information are 
described immediately following this paragraph, under their respective 
titles.
    Title: VA Form 0918b, ``Application for Monthly Assistance 
Allowance for Veterans in Connection with the United States 
Paralympics.''
    Summary of collection of information: This new collection of 
information in proposed 38 CFR 76.3(a) is required for VA to administer 
benefits to veterans in accordance with section 703 of Public Law 110-
389. This form is to be completed by veterans who are applying to 
receive this allowance in accordance

[[Page 54072]]

with VA regulations. The application will be used to verify the 
veteran's mailing address, confirm that he or she has been accepted by 
the USP to compete in a specific Paralympic sport, and to determine 
their marital status and number of dependents for the purpose of 
assessing payment amounts.
    Description of need for information and proposed use of 
information: This collection is necessary in order for the program 
office to identify allowance recipients and determine payment amounts 
for veterans authorized to receive this allowance.
    Description of likely respondents: Respondents include veterans who 
have been invited to participate in Paralympic training, competition, 
or residence at a Paralympic Training Center.
    Estimated number of respondents: We expect to have 100 total 
respondents for VA Form 0918b, which is a one-time collection for each 
particular veteran for any fiscal year for which Congress has 
appropriated money for benefits.
    Estimated frequency of responses: VA Form 0918b is a one-time 
collection for each veteran.
    Estimated average burden per response: 20 minutes.
    Estimated total annual reporting and recordkeeping burden: 2000 
reporting hours burden for FY2011. Recordkeeping burden: 5 hours.
    Title: VA Form 0918a, ``Certification of United States Paralympics 
Training Status.''
    Summary of collection of information: This new collection of 
information in proposed 38 CFR 76.3(b) is required for VA to administer 
benefits to veterans in accordance with section 703 of Public Law 110-
389. This form is to certify that an eligible veteran has participated 
in Paralympic training, competition, or residence at a Paralympic 
Training Center during a specified period of time and has met the 
requirements necessary for payment of the monthly assistance allowance.
    Description of need for information and proposed use of 
information: This collection is necessary in order for VA to verify 
that a veteran has indeed participated in qualifying training, 
competition, or been in residence at a Paralympic Training Center for 
the relevant period for which the veteran is claiming benefits.
    Description of likely respondents: The paralympic coaches of 
veterans participating in qualifying training, competition, or 
residence at a Paralympic Training Center.
    Estimated number of respondents: We expect to have roughly 100 
respondents complete VA Form 0918a monthly or quarterly for each Fiscal 
Year in which appropriated funds are available, depending on the 
veteran's frequency of training, competition, or residence at a 
Paralypmic Training Center.
    Estimated frequency of responses: VA Form 0918a is to be submitted 
monthly or quarterly depending on the veteran's frequency of training, 
competition, or residence at a Paralympic Training Facility.
    Estimated average burden per response: 5 minutes.
    Estimated total annual reporting and recordkeeping burden: 2000 
reporting hours for each Fiscal Year in which appropriated funds are 
available. Recordkeeping burden: 25 hours in each Fiscal Year in which 
appropriated funds are available.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB) unless OMB waives such 
review, as any regulatory action that is likely to result in a rule 
that may: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. The economic, interagency, budgetary, legal, and policy 
implications of this proposed rule have been examined, and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities as they are defined in the 
Regulatory Flexibility Act, 5 U.S.C. 601-612. This proposed rule would 
primarily affect only individuals and would impose only a minor 
certification requirement upon the United States Paralympics. 
Therefore, this proposed amendment is exempt pursuant to 5 U.S.C. 
605(b) from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    This proposed rule would not affect VA programs listed in the 
Catalog of Federal Domestic Assistance.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document 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. John R. 
Gingrich, Chief of Staff, approved this document on July 23, 2010, for 
publication.

List of Subjects in 38 CFR Part 76

    Certification, Day care, Disabled, Eligibility, Individuals with 
disabilities, Monthly assistance allowance, Overpayment, Oversight, 
Physically challenged athletes, Service-connected disabilities, Sport 
event, Travel and transportation expenses, U.S. Paralympics training 
center, Veterans.

    Dated: August 30, 2010.
Robert C. McFetridge,
Director, Regulations Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, the Department of 
Veterans Affairs proposes to amend 38 CFR chapter I to add a new part 
76 to read as follows:

PART 76--MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION 
WITH THE UNITED STATES PARALYMPICS

Sec.
76.1 Definitions.
76.2 Assistance allowance.
76.3 Application and certification.
76.4 Amount of allowance.

    Authority: 38 U.S.C. 501, 322(d), and as stated in specific 
sections.


Sec.  76.1  Definitions.

    For purposes of part 76, the following definitions apply:
    Disability means a service-connected or nonservice-connected 
disability which meets the criteria prescribed by the International 
Paralympic Committee's (IPC) Classification Code and International 
Standards, November

[[Page 54073]]

2007 edition, available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf, and qualifies the veteran for participation in a sport 
sanctioned by the United States Paralympics.

(Authority: 38 U.S.C. 322(d))


    Paralympic Training Center refers to the following locations: the 
United States Olympic Training Center at Chula Vista, California; the 
United States Olympic Training Center at Colorado Springs, Colorado; 
the United States Olympic Training Center at Lake Placid, New York; the 
Lakeshore Foundation in Birmingham, Alabama; and the University of 
Central Oklahoma in Edmond, Oklahoma.

(Authority: 38 U.S.C. 322(d))

Sec.  76.2  Assistance allowance.

    (a) VA will pay an allowance to a veteran with a disability who is:
    (1) Invited by the United States Paralympics (USP) to compete for a 
slot on, or selected for, the USP Team for any month or part of any 
month in which the veteran is training or competing in any event 
sponsored by the USP or the IPC; or
    (2) Residing at a USP training center in connection with any 
paralympic training or competition for the period certified under Sec.  
76.3.
    (b) In providing this allowance, VA will periodically assess 
funding for the allowance. If a periodic assessment reveals that 
funding is insufficient to pay all applicants, VA will first pay in 
full veterans with service-connected disabilities, and then pay others 
in full in the order in which their completed applications are 
received.

(Authority: 38 U.S.C. 322(d))

Sec.  76.3  Application and certification.

    To receive an allowance--
    (a) A veteran must submit a complete application identifying any 
dependents upon which a higher payable rate of allowance may be based; 
and
    (b) USP must provide certification of the veteran's participation 
in training or competition sponsored by the USP or the IPC, or 
residence at a USP training center, for the period for which payment is 
requested. The certification must specify whether the payment is due 
for training, competition, or residence, and the dates of the training, 
competition, or residence for which payment is due.

(Authority: 38 U.S.C. 322(d))

Sec.  76.   Amount of allowance.

    The following rules govern the amount of allowance payable to 
veterans under this section.
    (a) Payment will be made at the rate paid for a full-time 
institutional program under chapter 31 of title 38, United States Code 
(Chapter 31) that is in effect for a period of certified participation, 
as prescribed by paragraph (b) of this section. (See 38 CFR 21.260.)
    (b) Payment may be made for each day at 1/30 of the monthly rate to 
veterans who train or compete in USP or IPC sponsored events for each 
day of training or competition, or to veterans who reside at a USP 
training center, for each day of residence, or on a monthly basis at 
the monthly rate to veterans who train or compete continuously for a 
full month, or to veterans who reside at a USP training center for a 
full month.
    (c) VA will pay the allowance at a rate paid to a veteran with 
dependents for a full-time Chapter 31 institutional program upon 
receipt of appropriate documentation that a veteran who qualifies for 
the allowance has dependents. (See 38 CFR 21.260.)

(Authority: 38 U.S.C. 322(d), 3108)


[FR Doc. 2010-21921 Filed 9-2-10; 8:45 am]
BILLING CODE 8320-01-P