Rule2023-26625
VA Veteran Readiness and Employment Program: Removal of Regulation Regarding Repayment of Training and Rehabilitation Supplies
Primary source
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Published
December 5, 2023
Effective
December 5, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is removing a regulation that addresses the circumstances under which a Veteran is to repay the value of training and rehabilitation supplies and the exceptions where repayment is not required. A prior version of the regulation's authorizing statute contained a provision that permitted VA to require the return or repayment of books, supplies, or equipment if a Veteran failed to complete a course of vocational rehabilitation due to fault on their part. However, because the authorizing statute no longer contains that provision, and because there is no statutory authority allowing VA to require reimbursement of books, supplies, or equipment under any circumstance where a Veteran fails to complete a course of vocational rehabilitation, VA is removing the governing regulation.
Full Text
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<title>Federal Register, Volume 88 Issue 232 (Tuesday, December 5, 2023)</title>
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[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Rules and Regulations]
[Pages 84239-84241]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26625]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AR90
VA Veteran Readiness and Employment Program: Removal of
Regulation Regarding Repayment of Training and Rehabilitation Supplies
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is removing a
regulation that addresses the circumstances under which a Veteran is to
repay the value of training and rehabilitation supplies and the
exceptions where repayment is not required. A prior version of the
regulation's authorizing statute contained a provision that permitted
VA to require the return or repayment of books, supplies, or equipment
if a Veteran failed to complete a course of vocational rehabilitation
due to fault on their part. However, because the authorizing statute no
longer contains that provision, and because there is no statutory
authority allowing VA to require reimbursement of books, supplies, or
equipment under any circumstance where a Veteran fails to complete a
course of vocational rehabilitation, VA is removing the governing
regulation.
DATES: This final rule is effective December 5, 2023.
FOR FURTHER INFORMATION CONTACT: Loraine Spangler, Policy Analyst,
Veteran Readiness and Employment Service (28), 810 Vermont Ave. NW,
Washington, DC 20420; <a href="/cdn-cgi/l/email-protection#2864475a4941464d067b5849464f444d5a685e49064f475e"><span class="__cf_email__" data-cfemail="4804273a2921262d661b3829262f242d3a083e29662f273e">[email protected]</span></a>; (202) 461-9600 (this is
not a toll-free telephone number).
SUPPLEMENTARY INFORMATION: The purpose of this rulemaking is to remove
38 CFR 21.222 (``Release of, and repayment for, training and
rehabilitation supplies'') because it is no longer supported by
statutory authority.
Section 21.222 sets forth the circumstances under which a Veteran
is to repay the value of training and rehabilitation supplies when the
Veteran fails to complete a rehabilitation program as planned. Section
21.222 also lists numerous exceptions where VA will not require
reimbursement from the Veteran, including when the failure to complete
the program is not the Veteran's fault.
A prior version of the regulation's authorizing statute provided
that ``[a]ny
[[Page 84240]]
books, supplies, or equipment furnished a veteran under this chapter
shall be deemed released to the veteran, except that if, because of
fault on the veteran's part, the veteran fails to complete the course
of vocational rehabilitation, the veteran may be requir[]ed by the
Administrator to return any or all of such books, supplies, or
equipment not actually expended, or to repay the reasonable value
thereof.'' 38 U.S.C. 1509(a) (1976). However, Congress subsequently
removed that provision from the authorizing statute. The current
statute provides, in pertinent part, that the Secretary may provide
``[v]ocational and other training services and assistance, including
individualized tutorial assistance, tuition, fees, books, supplies,
handling charges, licensing fees, and equipment and other training
materials determined by the Secretary to be necessary to accomplish the
purposes of the rehabilitation program in the individual case.'' 38
U.S.C. 3104(a)(7)(A). There is no longer a statutory provision that
permits VA to require the return or repayment of books, supplies, or
equipment when a Veteran fails to complete a course of vocational
rehabilitation because of fault on the Veteran's part.
Accordingly, VA is removing 38 CFR 21.222, the regulation that
addresses the circumstances under which a Veteran is to repay the value
of training and rehabilitation supplies and the exceptions where
repayment is not required. VA is removing Sec. 21.222 in its entirety.
The regulation's enumerated exceptions under which a Veteran is not
required to repay the value of supplies are moot because there is no
longer a statutory authority that permits VA to require the return or
repayment of books, supplies, or equipment under any circumstance where
a Veteran fails to complete a course of vocational rehabilitation.
Although 38 U.S.C. 3104 does not authorize VA to require the return
or repayment of books, supplies, or equipment when a Veteran fails to
complete a course of vocational rehabilitation, controls are in place
to protect the integrity of the VR&E program and guard against fraud,
waste, and abuse.
To conform with the removal of 38 CFR 21.222, VA is also revising
38 CFR 21.212(b) and 38 CFR 21.224 to remove their references to 38 CFR
21.222.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under the provisions of 5 U.S.C. 553(b)(B) and (d) to publish this
final rule without prior opportunity for public comment and with
immediate effect. There is no longer a statutory authority that permits
VA to require the return or repayment of books, supplies, or equipment
under any circumstance where a Veteran fails to complete a course of
vocational rehabilitation. VA thus finds that prior opportunity for
public comment is unnecessary under 5 U.S.C. 553(b)(B). For the same
reason, VA concludes that there is good cause not to delay the
effective date of the final rule under 5 U.S.C. 553(d)(3).
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).
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 (Modernizing
Regulatory Review) supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in Executive Orders 12866 and 13563. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, is not applicable
to this rulemaking because notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), 604(a).
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).
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, signed and approved
this document on November 27, 2023, 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 amends 38 CFR part 21 as set forth below:
PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION
Subpart A--Veteran Readiness and Employment
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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.
Sec. 21.212 [Amended]
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2. Amend Sec. 21.212 in paragraph (b) by removing ``21.222'' and
adding in its place ``21.220''.
Sec. 21.222 [Removed]
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3. Remove Sec. 21.222.
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Sec. 21.224 [Amended]
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4. Amend Sec. 21.224 by removing ``21.222'' and adding in its place
``21.220''.
[FR Doc. 2023-26625 Filed 12-4-23; 8:45 am]
BILLING CODE 8320-01-P
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