[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11906-11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03884]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AQ61
Elimination of On-the-Job Training and Apprenticeship Trainee
Certification
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations that contain the requirements for certification of
attendance at on-the-job training and apprenticeship programs under the
Veterans Apprenticeship and Labor Opportunity Reform Act (VALOR Act).
Section 3 of this law eliminated the requirement that trainees
(veterans and other eligible persons who receive the training) certify
attendance at on-the-job or apprentice training prior to disbursement
of a training assistance allowance, thereby placing the responsibility
solely on the employer to certify attendance in on-the-job and
apprenticeship programs. Although it does not apply to chapter 30, we
propose to eliminate the regulatory trainee certification requirement
for chapter-30 trainees as well.
DATES: Comments must be received on or before April 28, 2020.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Office of
Regulation Policy and Management (00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; or by
fax to (202) 273-9026. Comments should indicate that they are submitted
in response to ``RIN 2900-AQ61--Elimination of On-the-Job Training and
Apprenticeship Trainee Certification.'' Copies of comments received
will be available for public inspection in the Office of Regulation
Policy and
[[Page 11907]]
Management, Room 1064, between the hours of 8:00 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 may be viewed online through the Federal
Docket Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Cheryl Amitay, Chief, Policy and
Regulation Development Staff (225C), Education Service, Department of
Veterans Affairs, 810 Vermont Ave. NW, Washington, DC 20420, (202) 461-
9700. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Prior to the enactment of Public Law 115-89,
131 Stat. 1279, ``Veterans Apprenticeship and Labor Opportunity Reform
Act'' (VALOR Act), 38 U.S.C. 3680(c) required that veterans and other
eligible persons pursuing approved programs of on-the-job training
(OJT) or apprenticeship training (trainees) certify actual attendance
and that training establishments certify that a trainee was enrolled in
and pursuing a program of apprenticeship or other on-job training. VA
implemented former section 3680(c) in 38 CFR 21.4138(e)(2), 21.5133(b),
and 21.7640(a)(3). VA also required dual certification for chapter-30
apprenticeship and OJT programs in 38 CFR 21.7140(c)(2).
Section 3 of Public Law 115-89 amended sec. 3680(c) to eliminate
the trainee's attendance certification requirement. Consequently, only
the training establishment is required to certify the trainee's OJT or
apprenticeship training. Congress eliminated the trainee certification
requirement to ``reduce the administrative burden on veterans while
maintaining attendance certification'' to ``ensure GI Bill benefits are
only paid to individuals who are abiding by the benefit requirements.''
H.R. Rep. No. 115-398, at 4 (2017). VA therefore proposes to amend 38
CFR 21.4138(e)(2), 21.5133(b), and 21.7640(a)(3) by removing references
to the requirement for a trainee's certification.
Section 3034 of title 38, U.S.C., sets forth general provisions
regarding the administration of the chapter 30 Montgomery GI Bill
program. Section 3034(a)(1) provides that the general administration of
educational benefits provisions contained in chapter 36 apply to the
chapter 30 program, except for sec. 3680(c), among other provisions.
Although 38 U.S.C. 3034(a)(1) specifically excepts 38 U.S.C. 3680(c)
from application to the provision of educational assistance under
chapter 30, VA previously promulgated 38 CFR 21.7140(c)(2)(ii) to
require employer and trainee certification for apprenticeship and OJT
programs under chapter 30. (VA apparently interpreted sec. 3034(a)(1)
as not necessarily prohibiting VA from requiring dual certifications
but, rather, as not requiring VA to require dual certifications
pursuant to sec. 3680(c).)
VA proposes to amend 38 CFR 21.7140(c)(2)(ii) to eliminate the
trainee certification requirement for apprenticeship and OJT programs
under chapter 30. We are proposing to amend section 21.7140(c)(2) so
that the certification requirement would be consistent across all VA
education and training programs and with Congress' intent to reduce the
administrative burden for trainees enrolled in apprenticeship and OJT
programs. H.R. Rep. No. 115-398, at 4.
VA also proposes to amend the authority citations for 38 CFR
21.4138(e) and 21.5133 to explain that 38 U.S.C. 3680(c) is an
authority for these regulations. Also, VA would add an authority
citation for Sec. 21.7140(c)(2) to explain that 38 U.S.C. 3034 and
3680(g) are the authority for this regulation. Finally, VA would add
the Office of Management and Budget (OMB) information-collection
control number for 38 CFR 21.4138, 21.5133, 21.7140, and 21.7640.
These proposed amendments would necessitate revision of the current
OMB approved collection of information, OMB Control No. 2900-0178, VA
Form 22-6553d-1, ``Monthly Certification of On-The-Job and
Apprenticeship Training.'' Both the trainee and the training
establishment must currently complete and sign the form reporting the
number of hours the trainee has worked and, if applicable, the date the
trainee terminated training. Based on this form, VA either continues a
trainee's education benefits without changes or amends or terminates
benefits. We propose to revise this information collection to remove
the trainee's certification based on Public Law 115-89.
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 and 13563 direct 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.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. VA's impact analysis can be found as a supporting document at
http://www.regulations.gov, usually within 48 hours after the
rulemaking document is published. Additionally, a copy of the
rulemaking and its impact analysis are available on VA's website at
http://www1.va.gov/orpm/, by following the link for ``VA Regulations
Published From FY 2004 Through Fiscal Year to Date.'' This proposed
rule is expected to be an E.O. 13771 deregulatory action. Details on
the estimated cost savings of this proposed rule can be found in the
rule's economic analysis.
Regulatory Flexibility Act
The Secretary 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 rulemaking does not change VA's policy or
provisions involving any small entities. Therefore, pursuant to 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 one year. This proposed rule would have no such effect on State,
local, and tribal governments, or on the private sector.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires
that VA consider the impact of paperwork and other information
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid OMB control number. See also 5 CFR 1320.8(b)(3)(vi).
[[Page 11908]]
This proposed rule includes provisions involving a revised
collection of information under the Paperwork Reduction Act of 1995
that requires approval by OMB. 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. The
information collection requirement in Sec. Sec. 21.4138(e)(2),
21.5133(b), 21.7140(c)(2), and 21.7640(a)(3) is currently approved by
OMB and has been assigned OMB control number 2900-0178.
Title: Monthly Certification of On-The-Job and Apprenticeship
Training (VA Form 22-6553d & 22-6553d-1).
Summary of collection of information: The amended collection of
information in proposed Sec. Sec. 21.4138(e)(2), 21.5133(b),
21.7140(c)(2), and 21.7640(a)(3) would require only the training
establishment to complete and submit VA Form 22-6553d or 22-6553d-1 to
certify a trainee's on-the-job training or apprenticeship training.
This proposed rule would eliminate the requirement for the trainee to
complete and submit this form to certify training. The proposed
amendment to Sec. Sec. 21.4138(e)(2), 21.5133(b), 21.7140(c)(2), and
21.7640(a)(3) would decrease the estimated annual number of respondents
and consequently reduce the estimated total annual reporting and
recordkeeping burden.
The estimated annual burden for the revised collection of
information would be determined as follows:
Description of need for information and proposed use of
information: There would be no change in the need for information and
proposed use of information collected for OMB-approved Control Number
2900-0178 (VA Form 22-6553d or 22-6553d-1). VA Form 22-6553d or 22-
6553d-1 is used to report the number of hours the trainee has worked
and, if applicable, to report the date the trainee terminated training.
Description of likely respondents: The certifying officials at VA
approved training establishments would be the sole respondents as a
result of the proposed rule. They are the only parties that would
complete and sign VA Form 22-6553d or 22-6553d-1 to certify a trainee's
on-the-job training or apprenticeship training as the proposed rule,
which would implement Public Law 115-89, would eliminate the
requirement that trainees also complete and sign the form. This change,
therefore, would reduce the number of respondents.
Estimated number of respondents per month/year: 3,795 annually.
Estimated frequency of responses per month/year: 9 responses per
respondent.
Estimated number of responses per month/year: 34,155 annually.
Estimated average burden per response: The estimated average burden
per response for OMB-approved Control Number 2900-0178 (VA Form 22-
6553d or 22-6553d-1), would be 10 minutes, rather than 20 minutes when
there were two respondents required for each form.
Estimated total annual reporting and recordkeeping burden: 5,693
hours.
Estimated total annual respondent burden cost: $142,211.
This proposed rule would reduce the current annual respondent
burden costs from $283,348 to $142,211, resulting in an information
collection burden costs savings of $141,137.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.027, Post-9/11 Veterans
Educational Assistance; 64.028, Post-9/11 Veterans Educational
Assistance; 64.032, Montgomery GI Bill Selected Reserve; Reserve
Educational Assistance Program; 64.117, Survivors and Dependents
Educational Assistance; 64.120, Post-Vietnam Era Veterans' Educational
Assistance; 64.124, All-Volunteer Force Educational Assistance.
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, Vocational rehabilitation.
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. Pamela
Powers, Chief of Staff, Department of Veterans Affairs, approved this
document on February 20, 2020, for publication.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
part 21 as follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
0
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.
0
2. Amend Sec. 21.4138 by:
0
a. Revisig paragraph (e)(2)(ii);
0
b. Revising the authority citation for paragraph (e); and
0
c. Revising the information collection approval at the end of the
section.
The revisions read as follows:
Sec. 21.4138 Certifications and release of payments.
* * * * *
(e) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
* * * * *
(Authority: 38 U.S.C. 5113, 3680(b), 3680(c), 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection requirements in this section under control numbers 2900-
0178 and 2900-0604)
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
0
3. The authority citation for part 21, Subpart G continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in
specific sections.
0
4. Amend Sec. 21.5133 by:
0
a. Revising paragraph (b)(2);
0
b. Revising the information collection approval at the end of the
section; and.
0
c. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 21.5133 Certifications and release of payments.
* * * * *
(b) * * *
(2) VA has received from the training establishment a certification
of hours
[[Page 11909]]
worked. Generally, this certification will be required monthly,
resulting in monthly payments.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0178 and 2900-0465)
(Authority: 38 U.S.C. 3680(c), 3680(g), 3689)
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
0
5. The authority citation for part 21, Subpart K continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in
specific sections.
0
6. Amend Sec. 21.7140 by:
0
a. Revising paragraph (c)(2)(ii);
0
b. Adding an authority citation for paragraph (c)(2); and
0
c. Revising the information collection approval at the end of the
section.
The revisions and addition read as follows:
Sec. 21.7140 Certifications and release of payments.
* * * * *
(c) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
(Authority: 38 U.S.C. 3034, 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-
0178, 2900-0695, and 2900-0698)
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
7. The authority citation for part 21, 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
8. Amend Sec. 21.7640 by:
0
a. Revising paragraph (a)(3)(ii); and
0
b. Revising the information collection approval at the end of the
section.
The revisions read as follows:
Sec. 21.7640 Release of payments.
* * * * *
(a) * * *
(3) * * *
(ii) VA has received certification by the training establishment of
the reservist's hours worked.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0073 and 2900-0178)
[FR Doc. 2020-03884 Filed 2-27-20; 8:45 am]
BILLING CODE 8320-01-P