[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Proposed Rules]
[Pages 72351-72353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19852]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AS15
Timely Certification and Reporting for Veterans Attending
Training Programs
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) Veteran Readiness and
Employment (VR&E) Service is proposing to amend a regulation to
establish timeframes for initial or monthly certification to VA of a
Chapter 31 veteran's enrollment at a facility, which would include
information regarding the veteran's rate of pursuit, dates of
attendance, and the number of credit or training hours, and for
reporting to VA when changes are made. This would allow for the timely
processing of monthly subsistence allowance payments to participating
veterans who depend on these funds. It would also help prevent undue
hardship for veterans resulting from underpayments or overpayments
caused by the delay in reporting changes in rate of pursuit, dates of
attendance, or the number of credit or training hours.
DATES: Comments must be received on or before November 4, 2024.
ADDRESSES: Comments must 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 www.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-AS15.
FOR FURTHER INFORMATION CONTACT: Loraine Spangler, Policy Analyst,
Veteran Readiness and Employment Services (28), 810 Vermont Avenue NW,
Washington, DC 20420, [email protected], (202) 461-9600. (This is
not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Per 38 U.S.C. 3100, one of the purposes of
the VR&E program (also known as Chapter 31) is to provide services and
assistance necessary to enable veterans with service-connected
disabilities to obtain suitable employment. This may encompass training
or retraining at a facility as part of a veteran's Chapter 31
vocational rehabilitation program. As provided in 38 U.S.C. 3684(a)(1),
the veteran and the educational institution offering a course in which
such veteran is enrolled under Chapter 31 ``shall, without delay,
report to the Secretary, in the form prescribed by the Secretary, such
enrollment and any interruption or termination of the education of each
such veteran.''
VA also pays veterans a subsistence allowance during the period of
training. The purpose of the subsistence allowance is to assist with
expenses related to the training. VA pays the
[[Page 72352]]
subsistence allowance after receiving the School Certifying Official's
(SCO) certification of a Chapter 31 veteran's enrollment in a facility.
The SCO certifies a veteran's rate of pursuit, dates of attendance, and
the number of credit or training hours and informs VA when changes are
made.
Currently, VR&E has no established timeframes for SCOs to initially
certify and inform VA of changes made to a Chapter 31 veteran's rate of
pursuit, dates of attendance, and the number of credit or training
hours. The lack of an established timeframe contributes to unnecessary
delays in the timely processing of monthly subsistence allowance
payments to veterans who depend on these funds. Additionally, if a
veteran increases, decreases, or terminates enrollment and the
certification is not updated in a timely manner, the delay may create
an undue hardship for the veteran if he or she is underpaid or
overpaid. If a veteran is overpaid, VA must establish a debt against
the veteran even though it may have been due to the SCO's delay in
updating the certification. VA is proposing to revise 38 CFR 21.294 to
describe what would constitute timely initial certification and timely
reporting of changes to rate of pursuit, dates of attendance, and the
number of credit or training hours for Chapter 31 veterans. Revised
Sec. 21.294(a)(4)(ii) would require SCOs to submit initial
certifications to VA within 30 days of the beginning of the school
term. See, e.g., 38 CFR 21.4203(d) (reporting requirements under VA's
education program). SCOs would also be required to report changes in
rate of pursuit, dates of attendance or the number of credit or
training hours within 30 days of when a veteran makes such change. This
amendment would help prevent underpayments and overpayments that may
otherwise create unnecessary hardship for veterans. A veteran could
request waiver of a debt, but such request would not be granted
automatically. These changes would result in improved, timelier
services to veterans.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
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 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). 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). The factual basis for this certification is that the
changes made by this rulemaking would require SCOs, which are currently
required to submit certifications and reports to VA, to submit them in
a timely manner, which would primarily impact the veteran participants.
Any impact this rulemaking may have on facilities that may be
considered small entities should be nominal because we would not be
creating any additional obligations or burdens on the facilities.
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
Although this proposed rule contains collections 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
current collections of information. The collections of information for
38 CFR 21.294 are currently approved by the Office of Management and
Budget (OMB) and have valid OMB control numbers of 2900-0073 and 2900-
0156.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, 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
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on August 29, 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.
Jeffrey M. Martin,
Assistant Director, 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 amend 38 CFR part 21 as set forth below:
PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION
Subpart A--Veteran Readiness and Employment
0
1. The authority citation for part 21, subpart A, continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in
specific sections.
0
2. Amend Sec. 21.294 by revising paragraph (a)(4)(ii) to read as
follows:
Sec. 21.294 Selecting the training or rehabilitation facility.
(a) * * *
(4) * * *
(ii) To provide timely and accurate information covering the
veteran's attendance, performance, and progress in training. The school
certifying official must initially certify the rate of pursuit, dates
of attendance, and credit or
[[Page 72353]]
training hours within 30 calendar days of the beginning of the term.
Any change in the rate of pursuit, dates of attendance, or credit or
training hours must be submitted to VA within 30 calendar days of when
a veteran makes such a change.
* * * * *
[FR Doc. 2024-19852 Filed 9-4-24; 8:45 am]
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