[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Proposed Rules]
[Pages 54069-54073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21921]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 76
RIN 2900-AN43
U.S. Paralympics Monthly Assistance Allowance
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: This document proposes to establish regulations for the
payment of a monthly assistance allowance to military veterans training
to make the United States Paralympics team, as authorized by section
703 of the Veterans' Benefits Improvement Act of 2008. The proposed
rule would facilitate the payment of a monthly assistance allowance to
a veteran with a service-connected or nonservice-connected disability
if the veteran is competing for a slot on or selected for the United
States Paralympics team or is residing at a United States Paralympics
training center. The proposed rule would require submission of an
application to establish eligibility for the allowance and
certification by the United States Paralympics.
DATES: Comments must be received on or before October 4, 2010.
ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to Director, Regulations
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026.
Comments should indicate that they are submitted in response to ``RIN
2900-
[[Page 54070]]
AN43--U.S. Paralympics Monthly Assistance Allowance.'' Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of 8
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 are available
online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Matt Bristol, Office of National
Veterans Sports Programs and Special Events (002C), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; (202)
461-7447. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In 2008, Congress amended title 38, United
States Code, to add a new section 322 regarding establishment of the
Department of Veterans Affairs (VA) Office of National Veterans Sports
Programs and Special Events. Public Law 110-389, sec. 703. Subject to
the availability of appropriations, Congress authorized VA to provide
certain disabled veterans, who participate in programs or events
sanctioned by the United States Paralympics (USP) or who reside at a
USP training center, a monthly assistance allowance. 38 U.S.C. 322. VA
proposes to amend its regulations to implement the allowance.
Under section 322, VA may provide an allowance to a veteran with a
disability who is: (1) Invited by the 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 International Paralympic Committee (IPC); or (2) residing at a
USP training center in connection with any paralympic training or
competition. The USP estimates that up to 70 veterans may qualify for
this allowance annually.
We propose to implement the allowance in new 38 CFR part 76.
Although section 322(d) authorizes VA to pay the allowance to a veteran
with a disability invited by the ``United States Paralympics, Inc.,''
to compete for a slot on, or selected for, the Paralympic Team, that
entity is now designated as the ``United States Paralympics,'' and is a
division of the United States Olympic Committee (USOC). Accordingly, we
propose to refer to the USP, rather than the United States Paralympics,
Inc.
The proposed rule would include certain terms that must be defined
for the purposes of part 76. In proposed Sec. 76.1(a), we would define
the term ``disability'' to mean ``a service-connected or nonservice-
connected disability, which meets the criteria prescribed by the IPC's
Classification Code and International Standards, November 2007 edition,
available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf, and qualifies
the veteran for participation in a sport sanctioned by the United
States Paralympics.'' This document will be made available to the
public via a VA-controlled source for purposes of the final rule, and
this definition may be changed accordingly. This definition would be
based on VA's authority in section 322(d) to pay the allowance ``to a
veteran with a disability,'' which we interpret to mean a veteran with
a service-connected or nonservice-connected disability. In section
322(d)(3) Congress required VA to give priority to veterans with
service-connected disabilities in providing the allowance. By setting
up a priority in payment, Congress demonstrated its intent to allow
veterans with both service-connected and nonservice-connected
disabilities to qualify for the allowance if funding is available.
As stated previously, section 322(d) authorizes VA to ``provide a
monthly assistance allowance to a veteran with a disability invited by
the [USP] 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 [USP], or who is residing at a [USP] training
center.'' In selecting individuals for international competition, USP
must ensure competitors' compliance with the IPC Code and Standards
because most individuals selected to compete for a slot on, or selected
for, the Paralympic Team, which is associated with the USP, will
ultimately compete internationally. Therefore, we propose to pay the
allowance to those veterans with disabilities that meet IPC criteria.
We propose to define the term ``Paralympic Training Center'' as
referring 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.
As stated previously, section 322(d)(3) requires VA to give
priority in payment of the allowance to veterans with service-connected
disabilities. We propose to periodically assess funding levels to
determine if funding for payment of the allowance will be sufficient to
cover all applicants. Based on the estimated 70 veterans that may
qualify for the allowance annually and the appropriated $2,000,000 in
funding, VA believes it will be able to pay all applicants. If a
periodic assessment reveals that funding for the allowance will be
insufficient to pay all applicants, we propose to make payments in full
first to veterans with service-connected disabilities.
Section 322(d) authorizes funding for the allowance beginning in
fiscal year 2010, or beginning October 1, 2009. Because funding has
been available from October 1, 2009, we propose to allow retroactive
payment for paralympic training, competition, or residence that
occurred on or after October 1, 2009, if an application and appropriate
certification are submitted to VA within 1 year of the effective date
of this regulation. Based on the number of applications received from
individuals with both service-connected and nonservice-connected
disabilities within the first year, we will determine if funding for
payment of the allowance for fiscal year 2010 is sufficient to pay
fully all eligible applicants. If funding is insufficient to pay all
eligible applicants, we propose to first pay those eligible applicants
with service-connected disabilities. To the extent funds remain to pay
eligible applicants with nonservice-connected disabilities, we will
make payments in the order of receipt of applications. We believe this
is the most equitable method for making retroactive payments to
nonservice-connected veterans in case of limited funds.
To allow for effective administration of payments of the allowance,
and to ensure that veterans who are entitled to the allowance are
accurately and timely paid, we propose to require qualifying veterans
to submit an application with information pertinent to payment,
including information pertaining to dependents, who may justify a
higher rate of allowance. We also propose to require certification from
the USP of participation in training or competition sponsored by the
USP or the IPC, or residence at a USP Training Center. Such
certification shall specify the dates of training, competition, or
residence for which payment is requested so that VA has verification
that payment is due.
Section 322(d)(2) requires the amount of the allowance to be equal
to the monthly amount of subsistence allowance that would be payable to
a veteran under 38 U.S.C. chapter 31 of this title if the veteran were
eligible for and entitled to rehabilitation under
[[Page 54071]]
chapter 31. We interpret section 322(d)(2) to refer to the monthly
amount of subsistence allowance payable to a veteran for full-time
institutional training under chapter 31 because an individual who is
participating in USP or IPC training or competition or residing at a
USP training center will be doing so on a full-time basis. Furthermore,
veterans participating in full-time institutional training under
chapter 31 is the most comparable category of recipients of chapter 31
benefits to the category of individuals participating in USP or IPC
training or competition or residing at a USP training center.
Accordingly, we propose to base the amount of the allowance payable to
individuals on the rate paid as a subsistence allowance for a full-time
institutional program under chapter 31 of title 38, United States Code.
(See 38 U.S.C. 3108(b)).
We propose to allow an individual to be paid for each day of
qualified training, competition, or residence at 1/30 of the monthly
rate, or on a monthly basis for a continuous month of qualified
training, competition, or residence. This recognizes the likely
temporal irregularities that will occur with respect to periods of
training, competition, or residence, and is consistent with long-
standing calculation methods employed by VA to address certain payments
and entitlement-charge determinations for partial months under its
education and vocational rehabilitation programs. Frequency of payment
of the allowance will depend on the timing of the filing of a claim for
a given period of time. Because our statutory authority requires that
we base the amount of the allowance on the monthly amount of
subsistence allowance that would be payable to a veteran under chapter
31, and, under chapter 31, an additional amount is payable to veterans
with dependents, we propose to pay an additional amount of allowance to
veterans with dependents based on the rate paid as a subsistence
allowance for a full-time institutional program under chapter 31 of
title 38, United States Code to veterans with dependents.
Incorporation by Reference
In accordance with 5 U.S.C. 552(a) and 1 CFR part 51, we propose to
incorporate by reference IPC's Classification Code and International
Standards, November 2007 edition, at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf. This document will be made available to the public via a VA-
controlled source for purposes of the final rule. We will request
approval of this incorporation by reference from the Office of the
Federal Register. This document for which we are seeking incorporation
by reference is available for inspection by appointment (call (202)
461-4902 for appointment) at the Department of Veterans Affairs, Office
of Regulation Policy and Management, Room 1063B, 810 Vermont Avenue,
NW., Washington DC 20420, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays).
Comment Period
Although under the rulemaking guidelines in Executive Order 12866,
VA ordinarily provides a 60-day comment period, the Secretary has
determined that there is good cause to limit the public comment period
on this proposed rule to 30 days. VA does not expect to receive a large
number of comments on this proposed rule because this regulation places
minimal burden on affected parties and implements a new benefit.
Furthermore, most of the proposed rule's requirements are mandated by
38 U.S.C. 322. Lastly, VA believes that implementation of this
regulation is urgent to assist veterans training for the United States
Paralympics team. Accordingly, VA has provided that comments must be
received within 30 days of publication in the Federal Register.
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 an 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 given year. This proposed rule would have no such
effect on State, local, and tribal governments or on the private
sector.
Paperwork Reduction Act
This document contains two provisions (Sec. 76.3(a) and Sec.
76.3(b)) constituting a collection of information under the Paperwork
Reduction Act (44 U.S.C. 3501-3521) that require approval by the Office
of Management and Budget (OMB) The Office of National Veterans Sports
Programs and Special Events is developing two new forms for this
allowance--an application and a certification of training. ONVSPSE will
submit these forms to OMB, along with justification paperwork, as part
of the proposed regulation.
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.
Comments on the collections of information contained in this
proposed rule 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 sent by mail or hand delivery to the Director, Regulations
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington DC 20420; fax to (202) 273-9026; or through
www.Regulations.gov. Comments should indicate that they are submitted
in response to ``RIN 2900-AN43.''
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 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.
The proposed addition of 38 CFR Part 76 contains collections of
information under the Paperwork Reduction Act for which we are
requesting approval by OMB. These collections of information are
described immediately following this paragraph, under their respective
titles.
Title: VA Form 0918b, ``Application for Monthly Assistance
Allowance for Veterans in Connection with the United States
Paralympics.''
Summary of collection of information: This new collection of
information in proposed 38 CFR 76.3(a) is required for VA to administer
benefits to veterans in accordance with section 703 of Public Law 110-
389. This form is to be completed by veterans who are applying to
receive this allowance in accordance
[[Page 54072]]
with VA regulations. The application will be used to verify the
veteran's mailing address, confirm that he or she has been accepted by
the USP to compete in a specific Paralympic sport, and to determine
their marital status and number of dependents for the purpose of
assessing payment amounts.
Description of need for information and proposed use of
information: This collection is necessary in order for the program
office to identify allowance recipients and determine payment amounts
for veterans authorized to receive this allowance.
Description of likely respondents: Respondents include veterans who
have been invited to participate in Paralympic training, competition,
or residence at a Paralympic Training Center.
Estimated number of respondents: We expect to have 100 total
respondents for VA Form 0918b, which is a one-time collection for each
particular veteran for any fiscal year for which Congress has
appropriated money for benefits.
Estimated frequency of responses: VA Form 0918b is a one-time
collection for each veteran.
Estimated average burden per response: 20 minutes.
Estimated total annual reporting and recordkeeping burden: 2000
reporting hours burden for FY2011. Recordkeeping burden: 5 hours.
Title: VA Form 0918a, ``Certification of United States Paralympics
Training Status.''
Summary of collection of information: This new collection of
information in proposed 38 CFR 76.3(b) is required for VA to administer
benefits to veterans in accordance with section 703 of Public Law 110-
389. This form is to certify that an eligible veteran has participated
in Paralympic training, competition, or residence at a Paralympic
Training Center during a specified period of time and has met the
requirements necessary for payment of the monthly assistance allowance.
Description of need for information and proposed use of
information: This collection is necessary in order for VA to verify
that a veteran has indeed participated in qualifying training,
competition, or been in residence at a Paralympic Training Center for
the relevant period for which the veteran is claiming benefits.
Description of likely respondents: The paralympic coaches of
veterans participating in qualifying training, competition, or
residence at a Paralympic Training Center.
Estimated number of respondents: We expect to have roughly 100
respondents complete VA Form 0918a monthly or quarterly for each Fiscal
Year in which appropriated funds are available, depending on the
veteran's frequency of training, competition, or residence at a
Paralypmic Training Center.
Estimated frequency of responses: VA Form 0918a is to be submitted
monthly or quarterly depending on the veteran's frequency of training,
competition, or residence at a Paralympic Training Facility.
Estimated average burden per response: 5 minutes.
Estimated total annual reporting and recordkeeping burden: 2000
reporting hours for each Fiscal Year in which appropriated funds are
available. Recordkeeping burden: 25 hours in each Fiscal Year in which
appropriated funds are available.
Executive Order 12866
Executive Order 12866 directs agencies to assess all 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,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. The economic, interagency, budgetary, legal, and policy
implications of this proposed rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs 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 proposed rule would
primarily affect only individuals and would impose only a minor
certification requirement upon the United States Paralympics.
Therefore, this proposed amendment is exempt pursuant to 5 U.S.C.
605(b) from the initial and final regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
This proposed rule would not affect VA programs listed in the
Catalog of Federal Domestic Assistance.
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. John R.
Gingrich, Chief of Staff, approved this document on July 23, 2010, for
publication.
List of Subjects in 38 CFR Part 76
Certification, Day care, Disabled, Eligibility, 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.
Dated: August 30, 2010.
Robert C. McFetridge,
Director, Regulations Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, the Department of
Veterans Affairs proposes to amend 38 CFR chapter I to add a new part
76 to read as follows:
PART 76--MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION
WITH THE UNITED STATES PARALYMPICS
Sec.
76.1 Definitions.
76.2 Assistance allowance.
76.3 Application and certification.
76.4 Amount of allowance.
Authority: 38 U.S.C. 501, 322(d), and as stated in specific
sections.
Sec. 76.1 Definitions.
For purposes of part 76, the following definitions apply:
Disability means a service-connected or nonservice-connected
disability which meets the criteria prescribed by the International
Paralympic Committee's (IPC) Classification Code and International
Standards, November
[[Page 54073]]
2007 edition, available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf, and qualifies the veteran for participation in a sport
sanctioned by the United States Paralympics.
(Authority: 38 U.S.C. 322(d))
Paralympic Training Center refers 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.
(Authority: 38 U.S.C. 322(d))
Sec. 76.2 Assistance allowance.
(a) VA will pay an allowance to a veteran with a disability who is:
(1) 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
(2) Residing at a USP training center in connection with any
paralympic training or competition for the period certified under Sec.
76.3.
(b) In providing this allowance, VA will periodically assess
funding for the allowance. If a periodic assessment reveals that
funding is insufficient to pay all applicants, VA will first pay in
full veterans with service-connected disabilities, and then pay others
in full in the order in which their completed applications are
received.
(Authority: 38 U.S.C. 322(d))
Sec. 76.3 Application and certification.
To receive an allowance--
(a) A veteran must submit a complete application identifying any
dependents upon which a higher payable rate of allowance may be based;
and
(b) USP must provide certification of the veteran's participation
in training or competition sponsored by the USP or the IPC, or
residence at a USP training center, for the period for which payment is
requested. The certification must specify whether the payment is due
for training, competition, or residence, and the dates of the training,
competition, or residence for which payment is due.
(Authority: 38 U.S.C. 322(d))
Sec. 76. Amount of allowance.
The following rules govern the amount of allowance payable to
veterans under this section.
(a) Payment will be made at the rate paid for a full-time
institutional program under chapter 31 of title 38, United States Code
(Chapter 31) that is in effect for a period of certified participation,
as prescribed by paragraph (b) of this section. (See 38 CFR 21.260.)
(b) Payment may be made for each day at 1/30 of the monthly rate to
veterans who train or compete in USP or IPC sponsored events for each
day of training or competition, or to veterans who reside at a USP
training center, for each day of residence, or on a monthly basis at
the monthly rate to veterans who train or compete continuously for a
full month, or to veterans who reside at a USP training center for a
full month.
(c) VA will pay the allowance at a rate paid to a veteran with
dependents for a full-time Chapter 31 institutional program upon
receipt of appropriate documentation that a veteran who qualifies for
the allowance has dependents. (See 38 CFR 21.260.)
(Authority: 38 U.S.C. 322(d), 3108)
[FR Doc. 2010-21921 Filed 9-2-10; 8:45 am]
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