[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Proposed Rules]
[Pages 24752-24758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06984]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 76

RIN 2900-AR84


Monthly Assistance Allowance for Veterans in United States 
Olympic or Paralympic Events

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend the Department of Veterans 
Affairs (VA) regulations that govern the monthly assistance allowance 
for eligible veterans in the United States (U.S.) Olympic or Paralympic 
Events. We are amending these regulations to conform with the governing 
statute and to codify current VA policy, which would make the process 
for applying for the monthly assistance allowance more transparent. We 
would also make edits to outdated terminology.

DATES: Comments must be received on or before June 10, 2024.

ADDRESSES: Comments may be submitted through www.Regulations.gov. 
Except as provided below, comments received before the close of the 
comment period will be available at www.regulations.gov for public 
viewing, inspection, or copying, including any personally identifiable 
or confidential business information that is included in a comment. We 
post the comments received before the close of the comment period on 
www.regulations.gov as soon as possible after they have been received. 
VA will not post on Regulations.gov public comments that make threats 
to individuals or institutions or suggest that the commenter will take 
actions to harm an individual. VA encourages individuals not to submit 
duplicative comments; however, we will post comments from multiple 
unique commenters even if the content is identical or nearly identical 
to other comments. Any public comment received after the comment 
period's closing date is considered late and will not be considered in 
the final rulemaking. In accordance with the Providing Accountability 
Through Transparency Act of 2023, a 100 word Plain-Language Summary of 
this proposed rule is available at Regulations.gov, under RIN 2900-
AR84.

FOR FURTHER INFORMATION CONTACT: Rachel McArdle, Deputy Executive 
Director, VHA Rehabilitation Prosthetics Service, Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (727) 
219-6296. (This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: Section 322 of 38 United States Code 
(U.S.C.) establishes a monthly assistance allowance for veterans with 
disabilities who are invited by the United States Olympic Committee 
(USOC) 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 USOC or who are residing at a USOC training 
center. We note that, although section 322 uses the term United States 
Olympic Committee, the actual name of the organization is the United 
States Olympic and Paralympic Committee (USOPC), which will be used 
throughout this rule. Section 322 of 38 U.S.C. also establishes a 
monthly assistance allowance for veterans with a VA service-connected 
disability rated as 30 percent or greater by VA who are selected by the 
USOPC for the United States Olympic Team for any month in which the 
veteran is competing in any event sanctioned by the National Governing 
Bodies of the United States Olympic Sports.
    On March 16, 2011, VA published a final rule in the Federal 
Register that codified 38 U.S.C. 322 into regulation as new 38 Code of 
Federal Regulations (CFR) part 76. See 76 FR 14283. This proposed rule 
would amend current 38 CFR part 76 by replacing certain sections and by 
including an incorporation by reference section, defining new terms, 
establishing in regulation certain criteria that are currently 
established in VA policy, and generally reorganizing content for ease 
of readability and understanding.
    We note that current VA policy is located at VA's website at 
Monthly Training Allowance--Veterans Health Administration (va.gov). 
Current policy is also stated on U.S. Department of Veterans Affairs 
(VA) Veteran Monthly Assistance Allowance for Disabled Veterans 
Training in Paralympic and Olympic Sports Program (VA Monthly Training 
Allowance) program guide. We believe that the VA policy criteria that 
we would seek to regulate in this rulemaking are reasonable 
interpretations of VA's authority under 38 U.S.C. 322 and are well 
known to veterans that participate in this monthly allowance program.

Revising the Center Heading Title for Part 76

    Part 76 of 38 CFR is currently titled Monthly Assistance Allowance 
for Veterans in Connection with the United States Paralympics. However, 
the monthly assistance allowance is not paid solely to veterans who are 
training for or competing in the Paralympics, it may also be paid to 
veterans who compete in the Olympics. As stated in 38 U.S.C. 
322(d)(1)(B), the special monthly allowance may be paid to a veteran 
with a VA service-connected disability rated as 30 percent or greater 
by the Department of Veterans Affairs who is selected by the USOPC for 
the United States Olympic Team for any month in which the veteran is 
competing in any event sanctioned by the National Governing Bodies of 
the United States Olympic Sports. For this reason, we propose to amend 
the center heading title for 38 CFR part 76 to state Monthly Assistance 
Allowance for Veterans in Connection with a United States Olympic or 
Paralympic Event.
    The current authority for 38 CFR part 76 is 38 U.S.C. 501, 322(d), 
and as stated in specific sections. However, paragraph (d) of 38 U.S.C. 
322 is not the only paragraph in section 322 that is applicable to the 
monthly assistance allowance. Paragraph (c) of section 322 is 
applicable as the Secretary has the discretion to determine whether a 
program is a qualifying program for purposes of the monthly allowance. 
Section 322(e) is also applicable as U.S. commonwealths and territories 
have their own National Olympic and Paralympic teams, but veterans who 
reside in such commonwealths and territories are eligible to receive 
the monthly assistance allowance. We therefore propose to amend the 
authority section for 38 CFR part 76 to state 38 U.S.C. 501, 322, and 
as stated in specific sections.

76.1 Incorporation by Reference

    Proposed Sec.  76.1 would address the incorporation by reference in 
38 CFR part 76 of the International Paralympic Committee (IPC) Athlete 
Classification Code, which contains certain required classifications, 
standards, and criteria related to para-athlete sports competition. The 
IPC Athlete Classification Code defines who is eligible to compete in 
Para-sport and consequently who has the opportunity to reach the goal 
of becoming a Paralympic Athlete. The IPC Athlete Classification Code 
also groups athletes into sport classes, which ensure that the impact 
of impairment is minimized. In addition, the IPC Athlete Classification 
Code aims to ensure that sporting excellence determines which athlete 
or team is ultimately victorious. International competitions require 
that competitors comply with the IPC Athlete Classification Code. As 
such, VA relies on the IPC Athlete Classification Code because most

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competitors who receive a monthly assistance allowance compete 
internationally. We would use a separate section for incorporation by 
reference in this proposed rule because the IPC Athlete Classification 
Code would apply to all of part 76, as stated in the relevant sections.
    VA currently incorporates by reference the IPC Classification Code 
and International Standards November 2007 edition as part of the 
definition of the term disability in Sec.  76.1, However, the IPC Code 
and Standards were updated in November 2015 and are now titled the IPC 
Athlete Classification Code. In compliance with 5 U.S.C. 552(a) and 1 
CFR part 51, we propose to incorporate by reference the most current 
edition of the IPC Athlete Classification Code, the November 2015 
edition. The introductory text of proposed Sec.  76.1 would state the 
approval language for IBR material in part 76 and paragraph Sec.  
76.1(a) would identify this IBR material, its publisher, and how to 
view or obtain it.

76.5 Purpose

    Proposed Sec.  76.5 would establish the purpose for 38 CFR part 76, 
to state that this part implements the VA program for monthly 
assistance allowance available to eligible veterans with disabilities 
who are training or competing in sanctioned Olympic or Paralympic 
events as provided under 38 U.S.C. 322. This language would be in 
alignment with 38 U.S.C. 322 and would provide context for the 
remainder of the proposed sections as outlined in this rule.

76.10 Definitions

    Proposed Sec.  76.10 would provide the definitions section for 38 
CFR part 76. Current Sec.  76.1 only defines two terms, disability, and 
Paralympic training center. We would amend the definition of disability 
from current Sec.  76.1 as this definition includes the incorporation 
by reference information that would now be addressed in proposed Sec.  
76.1. We would amend the definition of disability and Paralympic 
training center, and add new definitions, as further explained below.
    We would define the term dependent to mean a spouse, child, or 
parent who meets the definition of these terms as defined in 38 U.S.C. 
101. Consistent with 38 U.S.C. 322(d)(2), the rate at which VA pays the 
monthly allowance must be equal to the monthly amount of subsistence 
allowance that would be payable to a veteran under chapter 31 of title 
38 U.S.C. if the veteran were eligible for and entitled to 
rehabilitation under chapter 31. The monthly amount of subsistence 
allowance under chapter 31 of title 38 U.S.C. (and as regulated in 38 
CFR part 21) is affected by whether an eligible veteran has any 
dependents and therefore whether the veteran has dependents would also 
affect the monthly assistance allowance under this section. See current 
Sec.  76.4 and proposed Sec.  76.25. We, therefore, would add a 
definition of dependent to part 76. Using VA's statutory definitions of 
these terms under section 101 would provide for consistency with the 
administration of monthly assistance allowance under 38 U.S.C. chapter 
31 as required by section 322(d)(2).
    Current Sec.  76.1 defines the term disability to include the 
incorporation by reference information that would now be addressed in 
proposed Sec.  76.1. We would amend the definition of disability from 
current Sec.  76.1 by eliminating the incorporation by reference 
information and would now state that disability means a condition that 
meets the criteria prescribed by the International Paralympic Committee 
(IPC) Classification Code and International Standards, as incorporated 
by reference in Sec.  76.1, and qualifies the veteran for participation 
in a sport sanctioned by the USOPC.
    We would define the term eligible veteran to mean a veteran who 
meets the requirements of Sec.  76.15. For a veteran to receive the 
monthly assistance allowance, they must meet the eligibility criteria 
stated in proposed Sec.  76.15.
    We would define the term national governing body to mean an 
organization recognized by the USOPC or equivalent committee in the 
U.S. that looks after all aspects of an individual sport and is 
responsible for the training, competition, and development for their 
sports within their designated jurisdiction. Although the term National 
Governing Bodies of the United States Olympic Sports is used in section 
322(d)(1)(B), we would not use this term and, instead, use the term 
USOPC, because United States Olympic Sports is not the name of an 
official entity; it is the United States Olympic and Paralympic 
Committee (USOPC). A national governing body would include the USOPC 
itself or organizations recognized by the USOPC in the 50 States and 
the District of Columbia. Veterans who live in U.S. Commonwealths and 
Territories are also eligible for this allowance, however, their 
national governing body may not be recognized by the USOPC because the 
International Paralympic Committee recognizes each U.S. Commonwealth 
and Territory as independent entities of the international community. 
Instead, we would provide that the national governing body be 
recognized by the USOPC or equivalent committee in the U.S to include 
governing bodies in the Commonwealths and Territories.
    We would define the term National Team to mean the highest level of 
elite athlete(s) within a respective event. Section 322(d)(1)(A) 
provides that, for Paralympic sports, VA may pay the monthly allowance 
for a veteran with a disability who is invited by the United States 
Olympic Committee 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 United States Olympic 
Committee or who is residing at a United States Olympic Committee 
training center. Although not stated in the statute, VA understands the 
Paralympic Team to mean the National Paralympic Team. Section 
322(d)(1)(B) provides that VA may pay the monthly allowance for a 
veteran with a VA service-connected disability rated as 30 percent or 
greater who has been selected to participate in the United States 
Olympic Team.
    We would define the term Olympic and Paralympic Training Center 
(OPTC) to mean locations where the national governing body established 
facilities for training Olympic and Paralympic athletes. Section 
322(d)(1)(A) provides that the monthly allowance may be paid to a 
veteran who is residing at a United States Olympic Committee training 
center. Although the statue uses the term Unites States Olympic 
Committee training center, we would instead define the term OPTC to be 
in alignment with the current name used by the USOPC. Current Sec.  
76.1 defines the term Paralympic Training Center to refer 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. 
However, these sites are subject to change, which would require VA to 
continuously amend its regulations. As such, we propose to define the 
term OPTC to generally refer to the locations where the national 
governing body established facilities for training Olympic and 
Paralympic athletes to provide for that flexibility.
    We would define the term Olympic event to mean an event contested 
in the Summer Olympic Games or Winter Olympic Games. Section 
322(d)(1)(B) states that VA may pay a monthly assistance allowance to 
veterans who

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are selected for the U.S. Olympic team for any month in which the 
veteran is competing in any event sanctioned by the National Governing 
Bodies of the United States Olympic Sports. Olympic events are only 
contested in the Summer and Winter Olympic Games.
    We would define the term Paralympic event to mean an event that is 
contested in the Summer Paralympic Games or Winter Paralympic Games, as 
well as events run by IPC-recognized international federations that 
meet the criteria of active international competition consistent with 
IPC standards for a Paralympic event. Section 322(d)(1)(A) provides 
that VA may provide a monthly assistance allowance to a veteran with a 
disability invited by the USOPC 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 USOPC or who is residing at 
an OPTC. Contrary to Olympic events, Paralympic events may be contested 
in venues other than the Summer or Winter Paralympic Games.
    We would define the term service-connected to be consistent with 
the statutory definition to mean, with respect to disability, that such 
disability was incurred or aggravated in line of duty in the active 
military, naval, air, or space service. VA defines the term service-
connected in 38 U.S.C. 101 and would similarly define it here for 
consistency. However, we would not include statutory reference to death 
resulting from a disability that was incurred or aggravated, in line of 
duty in the active military, naval, air, or space service because the 
monthly allowance is only paid to veterans and not a surviving spouse, 
child, or parent of a veteran. A monthly allowance may be provided to a 
veteran with a service-connected disability rated 30 percent or greater 
who is selected by the United States Olympic Committee for the United 
States Olympic Team for any month in which the veteran is competing in 
any event sanctioned by the National Governing Bodies of the United 
States Olympic Sports. See 38 U.S.C. 322(d)(1)(B).
    We would define the term U.S. to mean the United States and each of 
the 50 States, the District of Columbia, American Samoa, Guam, Puerto 
Rico, Northern Mariana Islands, and the United States Virgin Islands. 
Although this definition is largely consistent with the statutory 
definition of State in 38 U.S.C. 101, we believe it is important to 
specifically list out all commonwealths and territories that are listed 
in section 322(e). This definition would be used in the context of this 
monthly allowance program to qualify the locations in which national 
teams, national governing bodies, or residential criteria may be 
considered for purposes of eligibility in proposed Sec.  76.15.
    We would define the term veteran to have the meaning as given to 
this term in 38 U.S.C. 101 (2). We would add this definition to be 
clear who VA considers a veteran eligible for the monthly assistance 
allowance.

76.15 Eligibility

    Current Sec.  76.2 establishes the eligibility criteria for the 
monthly allowance by stating that VA will pay an allowance to a veteran 
with a disability who is: 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 Residing at 
a USP training center in connection with any Paralympic training or 
competition for the period certified under Sec.  76.3. However, these 
are not the only criteria for payment of the monthly allowance. 
Proposed Sec.  76.15 would establish the eligibility criteria for 
eligible veterans who apply to receive a monthly assistance allowance. 
These criteria would be in alignment with 38 U.S.C. 322(d) and would 
also incorporate current VA policy.
    We would state in proposed paragraph (a) that to be eligible for a 
monthly assistance allowance under this part, a veteran must have a 
training and competition plan and meet the requirements applicable to 
their event, as established and certified by the national governing 
body to verify that the veteran meets the criteria for eligibility in 
their respective sport. The training plan would establish the veteran's 
training goals and plans for upcoming competition in sanctioned events.
    Proposed paragraph (b) would provide the eligibility criteria for 
veterans who compete in Paralympic and Olympic events. Proposed 
paragraph (b)(1) would establish the eligibility criteria for veterans 
who would compete in a Paralympic event. We would state in proposed 
(b)(1) that for a Paralympic event, a veteran must: (i) have a 
disability which meets the criteria prescribed by the IPC Athlete 
Classification Code (incorporated by reference under Sec.  76.1). As 
previously stated in this rulemaking, international competitions 
require that competitors comply with the IPC Athlete Classification 
Code. As such, VA relies on the IPC Athlete Classification Code because 
most competitors who receive a monthly assistance allowance compete 
internationally.
    We would state in proposed (b)(1)(ii) that a veteran must be 
invited by a national governing body to compete for a slot on, or 
selected for, the National Team in a Paralympic sport and (A) Is 
training or competing in an event sanctioned by a national governing 
body; or (B) Is residing at a U.S. Olympic and Paralympic Committee 
Training Center. We would state in Proposed (b)(1)(iii) that a veteran 
must meet the minimum performance standards or higher in the veteran's 
respective Paralympic event at a competition or other designated event 
sanctioned by a national governing body. The requirements in (b)(1)(ii) 
are in alignment with section 322(d)(1)(A). The requirements in 
(b)(1)(iii) are consistent with VA policy to ensure only eligible 
veterans receive the monthly allowance because there are many 
sanctioned Paralympic events in which veterans participate that can 
draw a wide range of first-time participants who do not have sufficient 
athletic skills to meet minimum performance standards for an event.
    Current part 76 does not establish eligibility criteria for 
veterans who participate in Olympic events. However, 38 U.S.C. 
322(d)(1)(B) allows for a monthly allowance to be payable to a veteran 
with a service-connected disability rated as 30 percent or greater who 
is selected by the USOPC for the United States Olympic Team for any 
month in which the veteran is competing in any event sanctioned by the 
National Governing Bodies of the United States Olympic Sports. 
Consistent with section 322(d)(1)(B), proposed paragraph (b)(2) would 
establish the eligibility criteria for a veteran who participates in an 
Olympic event. We would state in proposed (b)(2) that for an Olympic 
event a veteran must: (i) have a service-connected disability rated at 
30 percent or more by VA; (ii) be selected by a national governing body 
in the U.S. to compete as a member of a National Team in an Olympic 
event; and (iii) is competing in an event sanctioned by a national 
governing body.
    Proposed paragraph (c) would establish the relationship between VA 
and the entities that are recognized as national governing bodies. As 
such we would state in proposed paragraph (c) that VA must have an 
active partnership with a national governing body in an Olympic or 
Paralympic event in order to have an active monthly assistance 
allowance for a respective Olympic or Paralympic event. An active 
partnership allows VA to have an effective

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relationship with the national governing body to ensure effective, 
valid actions exist through all aspects of the allowance program and 
are formalized through joint-use allowance support software. 
Partnership relationships ensure that the national governing bodies 
involved and central to this part are identified and recognized by some 
system or standard. Partnerships are also an essential component of the 
monthly assistance allowance because VA relies on the criteria 
established by various national governing bodies to determine whether 
veterans are eligible to receive the monthly allowance. Partnerships 
would also assist the eligible veteran in obtaining certification, as 
discussed below regarding section 76.20, from a recognized national 
governing body.

76.20 Application, Certification

    Proposed Sec.  76.20 would establish the application procedures for 
the monthly assistance allowance. This section would clarify current 
Sec.  76.3 and make it consistent with current VA policy. We note that 
there is no specific time period for submitting an application. 
However, VA would only issue payment of the monthly assistance 
allowance prospectively within a given fiscal year. Funds for the 
payment of the monthly assistance allowance are appropriated on a 
fiscal year basis.
    We would state that to receive a monthly assistance allowance under 
this part, an eligible veteran must submit the items stated in this 
section. Proposed paragraph (a) would require that the eligible veteran 
submit a complete application.
    Proposed paragraph (b) would establish the requirement for the 
veteran to provide certification by a national governing body. Proposed 
paragraph (b) would state that the veteran must submit a complete 
certification, subject to paragraph (b)(3) of this section, signed by 
an authorized representative from the national governing body, that 
specifies whether payment is due for training, competition, or 
residence; the level of performance accomplished; and the dates of the 
training, competition, or residence for the period for which payment is 
requested.
    In proposed paragraph (b)(1)(i) we would provide, for Paralympic 
events, the national governing body must additionally certify that the 
veteran meets the applicable classification criteria prescribed by the 
IPC Athlete Classification Code (as incorporated by reference in Sec.  
76.1).
    Proposed paragraph (b)(1)(ii) would state that a national governing 
body for a Paralympic event will work cooperatively with VA in the 
establishment of Paralympic event performance standards. For emerging 
athletes not on a National Team in a Paralympic event, performance 
standards may consist of initial entry standards and increasing 
performance standards over time for progress as a training Paralympic 
athlete. This is in alignment with current VA policy.
    Proposed paragraph (b)(1)(iii) would state that the national 
governing body will act as lead in classification and certification of 
an eligible veteran's performance, but VA will make final determination 
on performance standards in a Paralympic event and the frequency of the 
certification. This is in alignment with current VA policy.
    Proposed paragraph (b)(2) would provide criteria related to Olympic 
events and would state that for Olympic events, the national governing 
body must certify the veteran's status as a National Team member.
    Proposed paragraph (b)(3) would add that waivers for the 
certification requirement may be allowed at VA's discretion in 
exceptional circumstances. Exceptional circumstances include, but are 
not limited to, National emergencies, such as a pandemic that causes 
cessation of activities, such as the COVID-19 National Emergency, or a 
disruption of a sports activity due to circumstances beyond the 
veteran's control that would necessitate ongoing veteran training for 
elite competition and would reasonably warrant a waiver. This paragraph 
would be consistent with current VA policy.
    Proposed paragraph (c) would provide for the frequency of 
submission of the training plan and certification. Proposed paragraph 
(c)(1) would state that eligible veterans must submit their established 
training and competition plans in monthly reports in order to continue 
receiving the monthly assistance allowance. This paragraph would be 
consistent with current VA policy.
    Proposed paragraph (c)(2) would provide that an eligible veteran 
must resubmit a certification at least every twelve months to continue 
to receive a monthly assistance allowance after the initial twelve 
month period. The update of a certification of achieving standards 
establishes a new 12-month period.

76.25 Monthly Assistance Allowance Amount

    Proposed Sec.  76.25 would provide for the amount payable for the 
monthly assistance allowance. Section 322(d)(2) of 38 U.S.C. provides 
that the amount of the monthly assistance payable to a veteran shall be 
equal to the monthly amount of subsistence allowance that would be 
payable to the veteran under chapter 31 of this title if the veteran 
were eligible for and entitled to rehabilitation under such chapter.
    Consistent with section 322(d)(2), we would state in proposed 
paragraph (a) that VA may pay a monthly assistance allowance at the 
rate payable to a veteran, including those with dependents, who is in a 
full-time institutional program under title 38 United States Code 
(Chapter 31). This language would clarify current Sec.  76.4(a) and 
(c).
    Proposed paragraph (b) would provide for the monthly assistance 
allowance amount for eligible veterans who train or compete in an event 
sanctioned by a national governing body for each day of training or 
competition. We would state that when a veteran meets allowance 
standards for less than a full month, the payment is prorated for the 
portion of the month certified and may be made at 1/30 of the monthly 
rate to eligible veterans who train or compete in an event sanctioned 
by a national governing body for each day of training or competition.
    Proposed paragraph (c) would provide for the monthly assistance 
allowance amount for eligible veterans who reside at a U.S. Olympic and 
Paralympic Committee Training Center. We would state that payment may 
be made at 1/30 of the monthly rate to eligible veterans who reside at 
a U.S. Olympic and Paralympic Committee Training Center for each day of 
residence. This language is consistent with the language in current 
Sec.  76.4(b).
    Proposed paragraph (d) would state that in providing the monthly 
assistance allowance, VA will issue payments on a monthly basis. This 
language is consistent with the language in current Sec.  76.4(b).
    We would state in proposed paragraph (e) that VA would periodically 
assess funding for the allowance during the fiscal year. We would add 
that if a periodic assessment reveals that funding is insufficient to 
pay all eligible veterans for the duration of the appropriation period, 
VA would first pay in full eligible veterans with service-connected 
disabilities. Under 38 U.S.C. 322(d)(1), the payment of the monthly 
assistance allowance is subject to the availability of appropriations. 
In addition, 38 U.S.C. 322(d)(3) states that in providing assistance 
under this subsection, the Secretary shall give priority to veterans 
with service-connected disabilities. Therefore, VA would continuously 
assess the funding for the monthly assistance allowance and ensure 
priority is given to those veterans with service-connected

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disabilities. This is consistent with 38 U.S.C. 322(d)(3) and current 
VA policy.

76.30 Reclassification and Change in Event

    Historically, classification of an individual in a particular event 
was based on the individual's disability as established by a medical 
evaluation, placing little emphasis on the individual's skill level on 
an event. In the 1980s and 1990s many athletes and classifiers 
recognized this shortcoming and drove the development of functional 
Classification Systems, which focus more fully on performance. As an 
eligible veteran progresses on a particular event, their classification 
within that event may change. As a result, these eligible veterans must 
be reassessed every year and potentially reclassified during that same 
year if their skill level progresses within their chosen event. Current 
VA policy allows for eligible veterans to be reclassified in their 
current event or change events altogether. We believe that these 
reclassifications and changes in event should also be addressed in 
regulation as they affect the eligibility of a veteran to receive the 
monthly allowance.
    Proposed Sec.  76.30 would provide requirements for after a veteran 
is reclassified or changes events. Proposed paragraph (a) would 
establish the requirements for continued monthly allowance after an 
eligible veteran is reclassified. We note that the reclassification 
primarily occurs when an individual participates in an event, which is 
usually during the competitive season. We would state in proposed 
paragraph (a)(1) that if an eligible veteran is reclassified by a 
national governing body the following must occur: (i) the eligible 
veteran must achieve the performance standard or higher, as stated in 
Sec.  76.20(b)(1), in the eligible veteran's new classification for the 
event; (ii) the performance standard must be achieved no later than six 
months after the date of reclassification. We would also state in 
proposed paragraph (a)(2) that the eligible veteran would continue to 
receive an allowance under this part as long as all other applicable 
standards and requirements under this part continue to be met.
    Proposed paragraph (b) would provide the requirements for continued 
monthly allowance after an eligible veteran changes event. We would 
state that if an eligible veteran changes the event for which they have 
been approved for an allowance under this part, they must meet all 
applicable standards and requirements stated in Sec.  76.20 for the new 
event to receive an allowance under this part.

Approval of Incorporations by Reference

    The Office of the Federal Register, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, approved VA's incorporation by reference of 
previous editions of the IPC's Classification Code and International 
Standards, November 2007 edition. We propose to update this 
incorporation by reference to the current IPC's Athlete Classification 
Code, November 2015 edition. The IPC Athlete Classification Code 
applies to all members of the Paralympic Movement and to all athletes 
competing in a Para-sport at International competitions under the 
jurisdiction of the International Sport Federation. The Code also 
applies to the International Recognized Federations. The Code details 
policies and procedures common across all sports and sets principles to 
be applied by all Para-sports. The Code is intended to be specific 
enough to achieve harmonization on Classification where standardization 
is required and general enough in other areas to permit flexibility 
regarding the implementation of its principles. It consists of 
International Standards that provide technical and operational 
standards for specific aspects of Classification to be carried out by 
all signatories in a manner which athletes and other Paralympic 
stakeholders understand and have confidence in, namely: International 
Standard for Eligible Impairments--https://www.paralympic.org/sites/default/files/document/161007092455456_Sec+ii+chapter+1_3_2_subchapter+1_International+Standard+for+Eligible+Impairments.pdf; International Standard for Athlete 
Evaluation--https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf; International Standard for Protests and 
Appeals--https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf; International Standard for Classifier 
Personnel and Training--https://www.paralympic.org/sites/default/files/document/161007092741545_Sec+ii+chapter+1_3_2_subchapter+4_International+Standard+for+Classifier+Personnel+and+Training.pdf; International Standard for 
Classification Data Protection--https://www.paralympic.org/sites/default/files/document/161007092840570_Sec+ii+chapter+1_3_2_subchapter+5_International+Standard+for+Classification+Data+Protection.pdf. This rule would incorporate 
the IPC Athlete Classification Code, November 2015 edition, in its 
entirety.
    The incorporation by reference document is reasonably available 
from the Department of Veterans Affairs, Office of National Veterans 
Sports Programs and Special Events by email at va.gov">stipends4vets@va.gov and 
also available from the publisher at: 
170704160235698_2015_12_17+Classification+Code_FINAL2_0.pdf 
(paralympic.org). We will request approval of this incorporation by 
reference from the Office of the Federal Register during the Final rule 
stage.

Executive Orders 12866, 13563, and 14094

    Executive Orders 12866 (Regulatory Planning and Review) 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. Executive Order 14094 (Executive Order on 
Modernizing Regulatory Review) supplements and reaffirms the 
principles, structures, and 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 not a significant regulatory action 
under Executive Order 12866, 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 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 regarding 
small businesses, does not have an economic impact to individual 
businesses, and does not increase or decrease costs to small business 
entities. This rule would only affect eligible veterans with 
disabilities who are training and competing in programs or

[[Page 24757]]

events sanctioned by the U.S. Olympic and Paralympic Committee, an 
equivalent national governing body, or National Paralympic Committees 
in the United States as defined in this rule, and is considered a 
benefit for these veterans. 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 (PRA)

    Although this proposed rule contains collection of information 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521), there are no provisions associated with this rulemaking 
constituting any new collection of information or any revisions to the 
existing collection of information. The collection of information for 
proposed 38 CFR 76.20 is currently approved by the Office of Management 
and Budget (OMB) and has been assigned OMB control 2900-0760.

Assistance Listing

    The Assistance Listing number and title for the program affected by 
this document is 64.037, VA U.S. Paralympics Monthly Assistance 
Allowance Program. Certification, Disabled, Eligibility, Incorporation 
by reference, 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.

List of Subjects in 38 CFR Part 76

    Certification, Disabled, Eligibility, Incorporation by reference, 
Individuals with disabilities, Monthly assistance allowance, 
Overpayment, Oversight, Physically challenged athletes, Service-
connected disabilities, Sport event, Travel and transportation 
expenses, U.S. Olympic and Paralympic Training Center, Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on March 28, 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.

Consuela Benjamin,
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 proposes to revise 38 CFR part 76 as set forth below:

PART 76--MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION 
WITH A UNITED STATES OLYMPIC OR PARALYMPIC EVENT

Sec.
76.1 Incorporation by reference.
76.5 Purpose.
76.10 Definitions.
76.15 Eligibility.
76.20 Application, certification.
76.25 Monthly assistance allowance amount.
76.30 Reclassification and change in event.

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


Sec.  76.1  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the Department of Veterans 
Affairs and at the National Archives and Records Administration (NARA). 
Contact the Department of Veterans Affairs at: Office of National 
Veterans Sports Programs and Special Events at 810 Vermont Ave. NW, 
Washington DC 20420; or by email at va.gov">stipends4vets@va.gov. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the following 
source:
    (a) International Paralympic Committee, Adenauerallee 212-214, 
53113 Bonn, Germany; https://www.paralympic.org/sites/default/files/document/170704160235698_2015_12_17%2BClassification%2BCode_FINAL2_0.pdf.
    (1) International Paralympic Committee (IPC) Athlete Classification 
Code, November 2015 edition; IBR approved for Sec. Sec.  76.10, 
76.15(b)(1)(i), and 76.20(b)(1)(i).
    (2) [Reserved]
    (b) [Reserved]


Sec.  76.5  Purpose.

    The purpose of this part is to implement the Department of Veterans 
Affairs' (VA) program for monthly assistance allowance available to 
eligible veterans with disabilities who are training or competing in 
sanctioned Olympic or Paralympic events as provided under 38 U.S.C. 
322.


Sec.  76.10  Definitions.

    The following definitions apply to 38 CFR part 76.
    Dependent means a spouse, child, or parent who meets the definition 
of these terms as defined in 38 U.S.C. 101.
    Disability means a condition that meets the criteria prescribed by 
the International Paralympic Committee (IPC) Athlete Classification 
Code (incorporated by reference, see Sec.  76.1) and qualifies the 
veteran for participation in a sport sanctioned by the USOPC.
    Eligible veteran means a veteran who meets the requirements of 
Sec.  76.15.
    National governing body means:
    (1) An organization recognized by the USOPC or equivalent committee 
in the U.S. and
    (2) Looks after all aspects of an individual sport and is 
responsible for the training, competition, and development for their 
sports within their designated jurisdiction.
    National Team is the highest level of elite athlete(s) within a 
respective event.
    Olympic and Paralympic Training Center (OPTC) means the locations 
where the national governing body established facilities for training 
Olympic and Paralympic athletes.
    Olympic event means an event contested in the Summer Olympic Games 
or Winter Olympic Games.
    Paralympic event means an event that is contested in the Summer 
Paralympic Games or the Winter Paralympic Games, as well as events run 
by IPC-recognized international federations that meet the criteria of 
active international competition consistent with IPC standards for a 
Paralympic event.
    Service-connected means, with respect to disability, that such 
disability was incurred or aggravated in line of duty in the active 
military, naval, air, or space service.
    U.S. means the United States and each of the 50 States, the 
District of Columbia, American Samoa, Guam, Puerto Rico, Northern 
Mariana Islands, and the United States Virgin Islands.
    Veteran has the meaning as given to this term in 38 U.S.C. 101 (2).

[[Page 24758]]

Sec.  76.15  Eligibility.

    (a) General. To be eligible for a monthly assistance allowance 
under this part, a veteran must have a training and competition plan 
and meet the requirements applicable to their event, as established and 
certified by the national governing body to verify that the veteran 
meets the criteria for eligibility in their respective sport.
    (b) Paralympic and Olympic events. (1) Paralympic event. For a 
Paralympic event, a veteran must:
    (i) Have a disability which meets the criteria prescribed by the 
IPC Athlete Classification Code (incorporated by reference under Sec.  
76.1);
    (ii) Be invited by a national governing body to compete for a slot 
on, or selected for, the National Team in a Paralympic sport and:
    (A) Is training or competing in an event sanctioned by a national 
governing body; or
    (B) Is residing at a U.S. Olympic and Paralympic Committee Training 
Center; and
    (iii) Meet the minimum performance standards or higher in the 
veteran's respective Paralympic event at a competition or other 
designated event sanctioned by a national governing body.
    (2) Olympic event. For an Olympic event, a veteran must:
    (i) Have a service-connected disability rated at 30 percent or more 
by VA;
    (ii) Be selected by a national governing body in the U.S. to 
compete as a member of a National Team in an Olympic event; and
    (iii) Is competing in an event sanctioned by a national governing 
body.
    (c) VA must have an active partnership with a national governing 
body in an Olympic or Paralympic event in order to have an active 
monthly assistance allowance for a respective Olympic or Paralympic 
event.


Sec.  76.20  Application, certification.

    To receive a monthly assistance allowance under this part, an 
eligible veteran must submit the following:
    (a) A complete application; and
    (b) A complete certification, subject to paragraph (b)(3) of this 
section, signed by an authorized representative from the national 
governing body, that specifies whether payment is due for training, 
competition, or residence; the level of performance accomplished; and 
the dates of the training, competition, or residence for the period for 
which payment is requested.
    (1) Paralympic events. (i) For Paralympic events, the national 
governing body must additionally certify that the veteran meets the 
applicable classification criteria prescribed by the IPC Athlete 
Classification Code (as incorporated by reference in Sec.  76.1);
    (ii) A national governing body for a Paralympic event will work 
cooperatively with VA in the establishment of Paralympic event 
performance standards. For emerging athletes not on a National Team in 
a Paralympic event, performance standards may consist of initial entry 
standards and increasing performance standards over time for progress 
as a training Paralympic athlete.
    (iii) The national governing body will act as lead in 
classification and certification of an eligible veteran's performance, 
but VA will make final determination on performance standards in a 
Paralympic event and the frequency of the certification.
    (2) Olympic events. For Olympic events, the national governing body 
must certify the veteran's status as a National Team member.
    (3) Waivers. Waivers for the certification requirement may be 
allowed at VA's discretion in exceptional circumstances.
    (c) Frequency of submission of the training and competition plan 
and certification. (1) Training and competition plans. Eligible 
veterans must submit their established training and competition plans 
in monthly reports in order to continue receiving the monthly 
assistance allowance.
    (2) Certification. An eligible veteran must resubmit a 
certification at least every twelve months to continue to receive a 
monthly assistance allowance after the initial twelve month period.
    (The Office of Management and Budget has approved the information 
collection provisions in this section under control number 2900-0760).


Sec.  76.25  Monthly assistance allowance amount.

    (a) VA may pay a monthly assistance allowance at the rate payable 
to a veteran, including those with dependents, who is in a full-time 
institutional program under title 38 United States Code (Chapter 31).
    (b) When a veteran meets allowance standards for less than a full 
month, the payment is prorated for the portion of the month certified 
and may be made at 1/30 of the monthly rate to eligible veterans who 
train or compete in an event sanctioned by a national governing body 
for each day of training or competition.
    (c) Payment may be made at 1/30 of the monthly rate to eligible 
veterans who reside at a U.S. Olympic and Paralympic Committee Training 
Center for each day of residence.
    (d) In providing the monthly assistance allowance, VA will issue 
payments on a monthly basis.
    (e) VA will periodically assess funding for the allowance during 
the fiscal year. If a periodic assessment reveals that funding is 
insufficient to pay all eligible veterans for the duration of the 
appropriation period, VA will first pay in full eligible veterans with 
service-connected disabilities.


Sec.  76.30  Reclassification and change in event.

    (a) Reclassification. (1) If an eligible veteran is reclassified by 
a national governing body the following must occur:
    (i) The eligible veteran must achieve the performance standard or 
higher, as stated in Sec.  76.20(b)(1), in the eligible veteran's new 
classification for the event;
    (ii) The performance standard must be achieved no later than six 
months after the date of reclassification.
    (2) The eligible veteran will continue to receive an allowance 
under this part as long as all other applicable standards and 
requirements under this part continue to be met.
    (b) Change in event. If an eligible veteran changes the event for 
which they have been approved for an allowance under this part, they 
must meet all applicable standards and requirements stated in Sec.  
76.20 for the new event to receive an allowance under this part.

[FR Doc. 2024-06984 Filed 4-8-24; 8:45 am]
BILLING CODE 8320-01-P