[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59190-59192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17844]


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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: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations that contain the requirements for certification of 
attendance at on-the-job training and apprenticeship programs. This 
final rule adopts without change a proposed rule implementing a section 
of the ``Veterans Apprenticeship and Labor Opportunity Reform Act'' 
(VALOR Act), which eliminated the requirement that veterans and other 
eligible persons certify attendance at an on-the-job or apprentice 
training program prior to disbursement of a training assistance 
allowance. This final rule also eliminates the certification 
requirement for trainees in a program of apprenticeship or on-the-job 
training under chapter 30 of title 38, United States Code.

DATES: This rule is effective on October 21, 2020.

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: On February 28, 2020, VA published a 
proposed rule in the Federal Register (85 FR 11906), which would amend 
its regulations that contain the requirements for certification of 
attendance at on-the-job training and apprenticeship programs. VA 
provided a 60-day comment period, which ended on April 28, 2020. We 
received 2 comments on the proposed rule. This rule adopts as a final 
rule, without changes, the proposed rule published in the Federal 
Register on February 28, 2020.
    Section 3 of the ``Veterans Apprenticeship and Labor Opportunity 
Reform Act'' (VALOR Act), Public Law 115-89, amended 38 U.S.C. 3680(c) 
to eliminate the requirement that veterans and other eligible persons 
who receive on-the-job training or apprenticeship training 
(``trainees'') certify attendance at on-the-job or apprenticeship 
training prior to disbursement of a training assistance allowance, 
thereby placing the responsibility solely on employers to certify 
attendance in on-the-job and apprenticeship programs. VA proposed to 
implement the VALOR Act by amending 38 CFR 21.4138(e)(2)(ii), 
21.5133(b)(2), and 21.7640(a)(3)(ii) to remove references to the 
trainee certification requirement, revising the authority citation for 
Sec. Sec.  21.4138(e) and 21.5133, and revising the information 
collection approval parenthetical at the end of Sec. Sec.  21.4138, 
21.5133, and 21.7640.
    VA also proposed to revise 38 CFR 21.7140(c)(2)(ii) to eliminate 
the trainee certification requirement for trainees in a program of 
apprenticeship or on-the-job training under 38 U.S.C. chapter 30, add 
an authority citation for paragraph (c)(2), and revise the information 
collection approval parenthetical at the end of the section.
    Both comments on the notice of proposed rulemaking that VA received 
were supportive in part or in whole and lauded VA for reducing the 
administrative burden on veterans pursuing apprenticeship or on-the job 
training programs eligible for GI Bill benefits. One commenter pointed 
out that the rule codifies Congressional intent in enacting the VALOR 
Act and eliminates an obstacle to obtaining training. VA agrees with 
the commenter.
    The other commenter stated that, because a trainee would no longer 
be required to sign a certification under the proposed rule, a 
disagreement could arise if the trainee does not agree with the 
training establishment or trainer's calculation of hours. However, VA 
finds that there should rarely, if ever, be a discrepancy as to the 
number of hours earned by a trainee because the total amount of program 
hours is already prescribed in the established, documented training 
plan for the program. The periodic certification merely indicates to VA 
that the correct apportioned amount has been completed, i.e., that the 
trainee remains in the program and has not terminated training. Indeed, 
Congress eliminated the dual certification requirement because 
experience had shown it to be unnecessary. H.R. Rep. 115-398, at 3-4 
(2017). In the unlikely event a discrepancy does arise, VA would, of 
course, take appropriate steps to resolve the discrepancy with the 
trainee and the training establishment or trainer, and

[[Page 59191]]

we would reassess the need for specific regulations on that issue in 
the future if such need arises.
    No changes are warranted based on the two comments.
    Based on the rationale set forth in the notice of proposed 
rulemaking and in this document, VA adopts the proposed rule as a final 
rule.

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 regulatory impact analysis are available on VA's 
website at http://www.va.gov/orpm/ by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''
    This final rule is not an E.O. 13771 regulatory action because the 
rule is not significant under E.O. 12886.

Regulatory Flexibility Act

    The Secretary hereby certifies that this 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). 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 final rule will have no such effect on State, local, 
and tribal governments, or on the private sector.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

    This final rule contains provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). As required by 44 U.S.C. 3507(d), VA submitted this information 
collection to the Office of Management and Budget (OMB) for review. OMB 
approved the information collection requirement in 38 CFR 
21.4138(e)(2), 21.5133(b), 21.7140(c)(2), and 21.7640(a)(3) and 
assigned OMB control number 2900-0178.

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.

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. Brooks D. 
Tucker, Acting Chief of Staff, Department of Veterans Affairs, approved 
this document on August 11, 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 amends 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. Revising paragraph (e)(2)(ii).
0
b. Revising the authority citation for paragraph (e).
0
c. Revising the information collection approval parenthetical 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 parenthetical at the 
end of the section.
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.

* * * * *

[[Page 59192]]

    (b) * * *
    (2) VA has received from the training establishment a certification 
of hours 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).
0
c. Revising the information collection approval parenthetical 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).
0
b. Revising the information collection approval parenthetical 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. 2020-17844 Filed 9-18-20; 8:45 am]
BILLING CODE 8320-01-P