[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Rules and Regulations]
[Pages 15920-15921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06378]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AO87
Vocational Rehabilitation and Employment Program: Changes Related
to the Honoring America's Veterans and Caring for Camp Lejeune Families
Act of 2012
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation to reflect a change made by the Honoring America's Veterans
and Caring for Camp Lejeune Families Act of 2012. If a veteran has been
displaced as the result of a natural or other disaster while being paid
an allowance, referred to as an employment adjustment allowance, this
Act allows the extension of the allowance. This amendment is necessary
to conform the regulation to the statutory provision.
DATES: Effective Date: This final rule is effective March 24, 2014.
Applicability Date: In accordance with the amended statutory
provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all
awards of employment adjustment allowance processed on or after August
6, 2013.
FOR FURTHER INFORMATION CONTACT: C.J. Riley, Policy Analyst, Vocational
Rehabilitation and Employment Service (28), Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420, (202) 461-9600. (This is not a toll-free
telephone number.)
SUPPLEMENTARY INFORMATION: Section 3108 of 38 U.S.C. establishes the
criteria for entitlement to allowances payable under 38 U.S.C. chapter
31. Section 3108(a)(2) provides for payment of a subsistence allowance
for any veteran who has been rehabilitated to the point of
employability for two months while the veteran is satisfactorily
following a Vocational Rehabilitation and Employment (VR&E) program of
employment services. This statutory provision regarding a veteran's
entitlement to such subsistence allowance, referred to as an employment
adjustment allowance (EAA), is implemented by 38 CFR 21.268.
Section 701(b) of Public Law 112-154, Honoring America's Veterans
and Caring for Camp Lejeune Families Act of 2012, amended 38 U.S.C.
3108(a)(2) by providing that VA may extend the payment of an EAA up to
an additional two months while the veteran is satisfactorily following
a VR&E program of employment services if the veteran has been displaced
as a result of a natural or other disaster while being paid an EAA. To
make it clear that a veteran displaced as a result of a natural or
other disaster may receive up to an additional two months of the EAA,
we are amending our regulation to include this requirement. VA is
implementing the statutory amendment in 38 CFR 21.268 by re-designating
current paragraph (f), ``Employment adjustment allowance not charged
against entitlement.'', as new paragraph (g), and adding a new
paragraph (f), ``Special situations.'' We will start paying this
additional two months of EAA beginning August 6, 2013, when the law
took effect. We note the effective date of August 6, 2013, in new
paragraph (f). In addition, we are adding an authority citation to the
end of the paragraph for clarification.
Administrative Procedure Act
The Secretary of Veterans Affairs finds there is good cause under
the provisions of 5 U.S.C. 553(b)(B) and (d)(3) to publish this rule
without prior opportunity for public comment and with an immediate
effective date. The regulatory change made by this rule reflects a
change in statute that VA is adopting directly, without change, into
VA's regulations. By statute, Congress is allowing up to an additional
two months of a special allowance for veterans following a program of
employment services who have been displaced as a result of a natural
disaster. The regulatory change does not involve interpretation of this
statutory provision. Consequently, opportunity for public comment is
unnecessary. The statutory change was enacted on August 6, 2012, made
effective on August 6, 2013. Due to the above considerations, VA is
issuing this rule as a final rule, effective immediately upon
publication.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and
[[Page 15921]]
Review) defines a ``significant regulatory action,'' which requires
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 this Executive
Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Orders 12866. VA's impact analysis can be found as a
supporting document at http://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at http://www1.va.gov/orpm/, by following the link for ``VA
Regulations Published.''
Regulatory Flexibility Act
The Secretary hereby certifies that adoption of this final rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). This final rule will directly affect only individuals
and will not directly affect small entities. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the regulatory
flexibility analysis requirements of section 604.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number and title for the
program affected by this final rule is 64.116, Vocational
Rehabilitation for Disabled Veterans.
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. Jose D.
Riojas, Chief of Staff, Department of Veterans Affairs, approved this
document on February 27, 2014, for publication.
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.
Dated: March 19, 2014.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 21 as set forth below:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C.
Chapter 31
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. 21.268 as follows:
0
a. Redesignate paragraph (f) as paragraph (g).
0
b. Add a new paragraph (f).
0
c. Add an authority citation at the end of new paragraph (f).
The revisions read as follows:
Sec. 21.268 Employment adjustment allowance.
* * * * *
(f) Special situations. Effective August 6, 2013, a veteran who has
been displaced as the result of a natural or other disaster while being
paid an employment adjustment allowance may receive up to an additional
two months of employment adjustment allowance, if satisfactorily
following a program of employment services.
(Authority: 38 U.S.C. 3108(a)(2))
* * * * *
[FR Doc. 2014-06378 Filed 3-21-14; 8:45 am]
BILLING CODE 8320-01-P