Elimination of On-the-Job Training and Apprenticeship Trainee Certification
| Citation | 85 FR 59190 |
| Record Number | 2020-17844 |
| Published date | 21 September 2020 |
| Section | Rules and Regulations |
| Court | Veterans Affairs Department |
Federal Register, Volume 85 Issue 183 (Monday, September 21, 2020)
[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59190-59192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17844]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AQ61
Elimination of On-the-Job Training and Apprenticeship Trainee
Certification
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations that contain the requirements for certification of
attendance at on-the-job training and apprenticeship programs. This
final rule adopts without change a proposed rule implementing a section
of the ``Veterans Apprenticeship and Labor Opportunity Reform Act''
(VALOR Act), which eliminated the requirement that veterans and other
eligible persons certify attendance at an on-the-job or apprentice
training program prior to disbursement of a training assistance
allowance. This final rule also eliminates the certification
requirement for trainees in a program of apprenticeship or on-the-job
training under chapter 30 of title 38, United States Code.
DATES: This rule is effective on October 21, 2020.
FOR FURTHER INFORMATION CONTACT: Cheryl Amitay, Chief, Policy and
Regulation Development Staff (225C), Education Service, Department of
Veterans Affairs, 810 Vermont Ave. NW, Washington, DC 20420, (202) 461-
9700. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On February 28, 2020, VA published a
proposed rule in the Federal Register (85 FR 11906), which would amend
its regulations that contain the requirements for certification of
attendance at on-the-job training and apprenticeship programs. VA
provided a 60-day comment period, which ended on April 28, 2020. We
received 2 comments on the proposed rule. This rule adopts as a final
rule, without changes, the proposed rule published in the Federal
Register on February 28, 2020.
Section 3 of the ``Veterans Apprenticeship and Labor Opportunity
Reform Act'' (VALOR Act), Public Law 115-89, amended 38 U.S.C. 3680(c)
to eliminate the requirement that veterans and other eligible persons
who receive on-the-job training or apprenticeship training
(``trainees'') certify attendance at on-the-job or apprenticeship
training prior to disbursement of a training assistance allowance,
thereby placing the responsibility solely on employers to certify
attendance in on-the-job and apprenticeship programs. VA proposed to
implement the VALOR Act by amending 38 CFR 21.4138(e)(2)(ii),
21.5133(b)(2), and 21.7640(a)(3)(ii) to remove references to the
trainee certification requirement, revising the authority citation for
Sec. Sec. 21.4138(e) and 21.5133, and revising the information
collection approval parenthetical at the end of Sec. Sec. 21.4138,
21.5133, and 21.7640.
VA also proposed to revise 38 CFR 21.7140(c)(2)(ii) to eliminate
the trainee certification requirement for trainees in a program of
apprenticeship or on-the-job training under 38 U.S.C. chapter 30, add
an authority citation for paragraph (c)(2), and revise the information
collection approval parenthetical at the end of the section.
Both comments on the notice of proposed rulemaking that VA received
were supportive in part or in whole and lauded VA for reducing the
administrative burden on veterans pursuing apprenticeship or on-the job
training programs eligible for GI Bill benefits. One commenter pointed
out that the rule codifies Congressional intent in enacting the VALOR
Act and eliminates an obstacle to obtaining training. VA agrees with
the commenter.
The other commenter stated that, because a trainee would no longer
be required to sign a certification under the proposed rule, a
disagreement could arise if the trainee does not agree with the
training establishment or trainer's calculation of hours. However, VA
finds that there should rarely, if ever, be a discrepancy as to the
number of hours earned by a trainee because the total amount of program
hours is already prescribed in the established, documented training
plan for the program. The periodic certification merely indicates to VA
that the correct apportioned amount has been completed, i.e., that the
trainee remains in the program and has not terminated training. Indeed,
Congress eliminated the dual certification requirement because
experience had shown it to be unnecessary. H.R. Rep. 115-398, at 3-4
(2017). In the unlikely event a discrepancy does arise, VA would, of
course, take appropriate steps to resolve the discrepancy with the
trainee and the training establishment or trainer, and
[[Page 59191]]
we would reassess the need for specific regulations on that issue in
the future if such need arises.
No changes are warranted based on the two comments.
Based on the rationale set forth in the notice of proposed
rulemaking and in this document, VA adopts the proposed rule as a final
rule.
Executive Orders 12866, 13563, and 13771
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.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
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 regulatory impact analysis are available on VA's
website at http://www.va.gov/orpm/ by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
This final rule is not an E.O. 13771 regulatory action because the
rule is not significant under E.O. 12886.
Regulatory Flexibility Act
The Secretary hereby certifies that this 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 rulemaking does not change VA's policy or provisions
involving any small entities. 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 final rule will have no such effect on State, local,
and tribal governments, or on the private sector.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
This final rule contains provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). As required by 44 U.S.C. 3507(d), VA submitted this information
collection to the Office of Management and Budget (OMB) for review. OMB
approved the information collection requirement in 38 CFR
21.4138(e)(2), 21.5133(b), 21.7140(c)(2), and 21.7640(a)(3) and
assigned OMB control number 2900-0178.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.027, Post-9/11 Veterans
Educational Assistance; 64.028, Post-9/11 Veterans Educational
Assistance; 64.032, Montgomery GI Bill Selected Reserve; Reserve
Educational Assistance Program; 64.117, Survivors and Dependents
Educational Assistance; 64.120, Post-Vietnam Era Veterans' Educational
Assistance; 64.124, All-Volunteer Force Educational Assistance.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure; Armed forces; Civil rights;
Claims; Colleges and universities; Conflict of interests; Defense
Department; 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
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. Brooks D.
Tucker, Acting Chief of Staff, Department of Veterans Affairs, approved
this document on August 11, 2020, for publication.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, VA amends 38 CFR part 21 as
follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
0
1. The authority citation for part 21, Subpart D continues to read as
follows:
Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs.
30, 32, 33, 34, 35, 36, and as noted in specific sections.
0
2. Amend Sec. 21.4138 by:
0
a. Revising paragraph (e)(2)(ii).
0
b. Revising the authority citation for paragraph (e).
0
c. Revising the information collection approval parenthetical at the
end of the section.
The revisions read as follows:
Sec. 21.4138 Certifications and release of payments.
* * * * *
(e) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
* * * * *
(Authority: 38 U.S.C. 5113, 3680(b), 3680(c), 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection requirements in this section under control numbers 2900-
0178 and 2900-0604)
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
0
3. The authority citation for part 21, Subpart G continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in
specific sections.
0
4. Amend Sec. 21.5133 by:
0
a. Revising paragraph (b)(2).
0
b. Revising the information collection approval parenthetical at the
end of the section.
0
c. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 21.5133 Certifications and release of payments.
* * * * *
[[Page 59192]]
(b) * * *
(2) VA has received from the training establishment a certification
of hours worked. Generally, this certification will be required
monthly, resulting in monthly payments.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0178 and 2900-0465)
(Authority: 38 U.S.C. 3680(c), 3680(g), 3689)
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
0
5. The authority citation for part 21, Subpart K continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in
specific sections.
0
6. Amend Sec. 21.7140 by:
0
a. Revising paragraph (c)(2)(ii).
0
b. Adding an authority citation for paragraph (c)(2).
0
c. Revising the information collection approval parenthetical at the
end of the section.
The revisions and addition read as follows:
Sec. 21.7140 Certifications and release of payments.
* * * * *
(c) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
(Authority: 38 U.S.C. 3034, 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-
0178, 2900-0695, and 2900-0698)
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
7. The authority citation for part 21, Subpart L continues to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
and as noted in specific sections.
0
8. Amend Sec. 21.7640 by:
0
a. Revising paragraph (a)(3)(ii).
0
b. Revising the information collection approval parenthetical at the
end of the section.
The revisions read as follows:
Sec. 21.7640 Release of payments.
* * * * *
(a) * * *
(3) * * *
(ii) VA has received certification by the training establishment of
the reservist's hours worked.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0073 and 2900-0178)
[FR Doc. 2020-17844 Filed 9-18-20; 8:45 am]
BILLING CODE 8320-01-P
