[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Proposed Rules]
[Pages 1303-1305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-437]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI45
Survivors and Dependents Education: Extension of Eligibility
Period
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the educational assistance and
educational benefit regulations of the Department of Veterans Affairs
(VA). It restores provisions that govern the extension of the period
eligible spouses and surviving spouses have to use Survivors' and
Dependents' Educational Assistance (DEA). These provisions previously
were removed by error. Also, this document requests Paperwork Reduction
Act comments concerning the requirement that a spouse or surviving
spouse must apply for the extension.
DATES: Comments must be received on or before March 10, 1997.
ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AI45''. All
written comments will be available for public inspection in the Office
of Regulations Management, Room 1158, between the hours of 8:00 a.m.
and 4:30 p.m., Monday through Friday (except holidays).
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on May 24, 1996 (61 FR 26107), VA published a final rule
removing many regulatory provisions. As explained in that document,
many of the provisions were removed because they contained
``sunsetted'' provisions authorized by the Vietnam Era GI Bill. No
benefits can be paid under the Vietnam Era GI Bill for training that
occurred after December 31, 1989.
Among those provisions that were removed was Sec. 21.1043. This
section provided that if a veteran training under the Vietnam Era GI
Bill could not complete a program of education within the ten-year
period due to a physical or mental disability that is not the result of
willful misconduct, that period (the delimiting period) could be
extended.
A similar extension is authorized by statute for eligible spouses
and surviving spouses under DEA. Unfortunately, by removing
Sec. 21.1043, VA inadvertently removed the provisions that governed
whether such a spouse or surviving spouse could receive an extension of
the delimiting period, since Sec. 21.3046(e) states that the provisions
of Sec. 21.1043 are to be used to determine whether the extension
should be granted.
To correct this error, VA would restate the provisions of the
former Sec. 21.1043 in the appropriate places in part 21, subpart C,
since that subpart governs DEA claims. The definition formerly
contained in Sec. 21.1043 would be restated in Sec. 21.3021. The
remainder of Sec. 21.1043 would be restated in a new section,
Sec. 21.3047. References would be updated and some minor changes would
be made for clarification. There would be no substantive changes.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520),
the provisions of the proposed 38 CFR 21.3047 would include a
collection of information. Accordingly, as required by the Act at
section 3507(d), VA has submitted a copy of this rulemaking action to
the Office of Management and Budget (OMB) for its review of the
collection of information.
OMB assigns a control number for each collection of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
Comments on the proposed collection of information should be
submitted to the Office of Management and Budget, Attention: Desk
Officer for the Department of Veterans Affairs, Office of Information
and Regulatory Affairs, Washington, DC 20503, with copies mailed or
hand-delivered to: Director, Office of Regulations Management (02D),
Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154,
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``RIN 2900-AI45''.
Title: Application for an Extension of Eligibility Period under
Survivors' and Dependents' Educational Assistance.
Summary of collection of information: The collection of information
in the proposed Sec. 21.3047 implements a statutory provision that
requires that an individual who wishes to receive a benefit must apply
for it.
Description of need for information and proposed use of
information: A spouse or surviving spouse under DEA may qualify for an
extension of her or his eligibility period if training during that
period was medically infeasible. VA needs an application for this
extension in order to learn who wants the extension. VA may need
medical evidence in order to determine if training was medically
infeasible and to determine the time when training became medically
feasible.
Description of likely respondents: Eligible spouses and surviving
spouses who would like an extension of the delimiting period under DEA.
Estimated number of respondents: 100.
Estimated frequency of responses: Once.
Estimated total annual reporting and recordkeeping burden: 100
hours of reporting burden. VA does not believe that there will be an
additional recordkeeping burden.
Estimated average burden per collection: 60 minutes.
The Department considers comments by the public on proposed
collections of information in--
Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of
the burden of
[[Page 1304]]
the proposed collections of information, including the validity of the
methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collections of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
OMB is required to make a decision concerning the proposed
collection of information contained in this proposed rule between 30
and 60 days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment on the proposed regulations.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this
proposed rule, if promulgated, 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 proposed rule
affects only individuals. Pursuant to 5 U.S.C. 605(b), this proposed
rule, therefore, is exempt from the initial and final regulatory
flexibility analysis requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for the
program affected by this proposed rule is 64.117.
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.
Approved: December 9, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 21 (subparts
C and F) is proposed to be amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
1. The authority citation for subpart C continues to read as
follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566.
2. In Sec. 21.3021, paragraph (l) is redesignated as paragraph (m);
and new paragraph (l) is added, to read as follows:
Sec. 21.3021 Definitions.
* * * * *
(l) Disabling effects of chronic alcoholism. (1) The term disabling
effects of chronic alcoholism means alcohol-induced physical or mental
disorders or both, such as habitual intoxication, withdrawal, delirium,
amnesia, dementia, and other like manifestations of chronic alcoholism
which in the particular case:
(i) Have been medically diagnosed as manifestations of alcohol
dependency or chronic alcohol abuse; and
(ii) Are determined to have prevented commencement or completion of
the affected individual's chosen program of education.
(2) A diagnosis of alcoholism, chronic alcoholism, alcohol-
dependency, chronic alcohol abuse, etc., in and of itself, does not
satisfy the definition of this term.
(3) Injury sustained by an eligible spouse or surviving spouse as a
proximate and immediate result of activity undertaken by the eligible
spouse or surviving spouse while physically or mentally unqualified to
do so due to alcoholic intoxication is not considered a disabling
effect of chronic alcoholism.
(Authority: 38 U.S.C. 105, 3512(b))
* * * * *
Sec. 21.3046 [Amended]
3. In Sec. 21.3046, paragraph (e) is removed.
4. Section 21.3047 is added, to read as follows:
Sec. 21.3047 Extended period of eligibility due to physical or mental
disability.
(a) General. (1) An eligible spouse or surviving spouse shall be
granted an extension of the applicable period of eligibility as
otherwise determined by Sec. 21.3046 provided the eligible spouse or
surviving spouse:
(i) Applies for the extension within the appropriate time limit;
(ii) Was prevented from initiating or completing the chosen program
of education within the otherwise applicable period of eligibility
because of a physical or mental disability that did not result from the
willful misconduct of the eligible spouse or surviving spouse;
(iii) Provides VA with any requested evidence tending to show that
the requirement of paragraph (a)(1)(ii) of this section has been met;
and
(iv) Is otherwise eligible for payment of educational assistance
for the training pursuant to 38 U.S.C. chapter 35.
(2) In determining whether the eligible spouse or surviving spouse
was prevented from initiating or completing the chosen program of
education because of a physical or mental disability, VA will consider
the following:
(i) It must be clearly established by medical evidence that such a
program of education was medically infeasible.
(ii) An eligible spouse or surviving spouse who is disabled for a
period of 30 days or less will not be considered as having been
prevented from initiating or completing a chosen program, unless the
evidence establishes that the eligible spouse or surviving spouse was
prevented from enrolling or reenrolling in the chosen program of
education or was forced to discontinue attendance, because of the short
disability.
(iii) VA will not consider the disabling effects of chronic
alcoholism to be the result of willful misconduct and will consider
those disabling effects as physical or mental disabilities.
(b) Commencing date. The eligible spouse or surviving spouse shall
elect the commencing date of an extended period of eligibility. The
date chosen--
(1) Must be on or after the original date of expiration of
eligibility as determined by Sec. 21.3046(c); and
(2) Must be on or before the 90th day following the date on which
the eligible spouse's or surviving spouse's application for an
extension was approved by VA, if the eligible spouse or surviving
spouse is training during the extended period of eligibility in a
course not organized on a term, quarter, or semester basis; or
(3) Must be on or before the first ordinary term, quarter, or
semester following the 90th day after the eligible spouse's or
surviving spouse's application for an extension was approved by VA if
the eligible spouse or surviving spouse is training during the extended
period of eligibility in a course organized on a term, quarter, or
semester basis.
(Authority: 38 U.S.C. 3512(b))
(c) Length of extended periods of eligibility. An eligible spouse's
or
[[Page 1305]]
surviving spouse's extended period of eligibility shall be for the
length of time that the individual was prevented from initiating or
completing his or her chosen program of education. This shall be
determined as follows:
(1) If the eligible spouse or surviving spouse is in training in a
course organized on a term, quarter, or semester basis, his or her
extended period of eligibility shall contain the same number of days as
the number of days from the date during the eligible spouse's or
surviving spouse's original period of eligibility that his or her
training became medically infeasible to the earliest of the following
dates:
(i) The commencing date of the ordinary term, quarter, or semester
following the day the eligible spouse's or surviving spouse's training
became medically feasible;
(ii) The ending date of the eligible spouse's or surviving spouse's
period of eligibility as determined by Sec. 21.3046(c); or
(iii) The date the eligible spouse or surviving spouse resumed
training.
(2) If the eligible spouse or surviving spouse is training in a
course not organized on a term, quarter, or semester basis, his or her
extended period of eligibility shall contain the same number of days
from the date during the eligible spouse's or surviving spouse's
original period of eligibility that his or her training became
medically infeasible to the earlier of the following dates:
(i) The date the eligible spouse's or surviving spouse's training
became medically feasible; or
(ii) The ending date of the eligible spouse's or surviving spouse's
period of eligibility as determined by Sec. 21.3046.
(Authority: 38 U.S.C. 3512(b))
Subpart F--Education Loans
5. The authority citation for subpart F continues to read as
follows:
Authority: 38 U.S.C. 501, 3537, 3698, 3699.
Sec. 21.4501 [Amended]
6. In Sec. 21.4501, paragraphs (b)(1), (b)(2)(iv), (b)(2)(v)(A),
(b)(2)(v)(B), (c)(1), and (c)(3) are each amended by removing ``(d)''
and adding, in its place, ``(d), or Sec. 21.3047''.
[FR Doc. 97-437 Filed 1-8-97; 8:45 am]
BILLING CODE 8320-01-P
