Proposed Rule2024-06984
Monthly Assistance Allowance for Veterans in United States Olympic or Paralympic Events
Primary source
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Published
April 9, 2024
Issuing agencies
Veterans Affairs Department
Abstract
This proposed rule would amend the Department of Veterans Affairs (VA) regulations that govern the monthly assistance allowance for eligible veterans in the United States (U.S.) Olympic or Paralympic Events. We are amending these regulations to conform with the governing statute and to codify current VA policy, which would make the process for applying for the monthly assistance allowance more transparent. We would also make edits to outdated terminology.
Full Text
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[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Proposed Rules]
[Pages 24752-24758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06984]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 76
RIN 2900-AR84
Monthly Assistance Allowance for Veterans in United States
Olympic or Paralympic Events
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the Department of Veterans
Affairs (VA) regulations that govern the monthly assistance allowance
for eligible veterans in the United States (U.S.) Olympic or Paralympic
Events. We are amending these regulations to conform with the governing
statute and to codify current VA policy, which would make the process
for applying for the monthly assistance allowance more transparent. We
would also make edits to outdated terminology.
DATES: Comments must be received on or before June 10, 2024.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at www.regulations.gov for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
www.regulations.gov as soon as possible after they have been received.
VA will not post on <a href="http://Regulations.gov">Regulations.gov</a> public comments that make threats
to individuals or institutions or suggest that the commenter will take
actions to harm an individual. VA encourages individuals not to submit
duplicative comments; however, we will post comments from multiple
unique commenters even if the content is identical or nearly identical
to other comments. Any public comment received after the comment
period's closing date is considered late and will not be considered in
the final rulemaking. In accordance with the Providing Accountability
Through Transparency Act of 2023, a 100 word Plain-Language Summary of
this proposed rule is available at <a href="http://Regulations.gov">Regulations.gov</a>, under RIN 2900-
AR84.
FOR FURTHER INFORMATION CONTACT: Rachel McArdle, Deputy Executive
Director, VHA Rehabilitation Prosthetics Service, Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (727)
219-6296. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Section 322 of 38 United States Code
(U.S.C.) establishes a monthly assistance allowance for veterans with
disabilities who are invited by the United States Olympic Committee
(USOC) 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 USOC or who are residing at a USOC training
center. We note that, although section 322 uses the term United States
Olympic Committee, the actual name of the organization is the United
States Olympic and Paralympic Committee (USOPC), which will be used
throughout this rule. Section 322 of 38 U.S.C. also establishes a
monthly assistance allowance for veterans with a VA service-connected
disability rated as 30 percent or greater by VA who are selected by the
USOPC for the United States Olympic Team for any month in which the
veteran is competing in any event sanctioned by the National Governing
Bodies of the United States Olympic Sports.
On March 16, 2011, VA published a final rule in the Federal
Register that codified 38 U.S.C. 322 into regulation as new 38 Code of
Federal Regulations (CFR) part 76. See 76 FR 14283. This proposed rule
would amend current 38 CFR part 76 by replacing certain sections and by
including an incorporation by reference section, defining new terms,
establishing in regulation certain criteria that are currently
established in VA policy, and generally reorganizing content for ease
of readability and understanding.
We note that current VA policy is located at VA's website at
Monthly Training Allowance--Veterans Health Administration (<a href="http://va.gov">va.gov</a>).
Current policy is also stated on U.S. Department of Veterans Affairs
(VA) Veteran Monthly Assistance Allowance for Disabled Veterans
Training in Paralympic and Olympic Sports Program (VA Monthly Training
Allowance) program guide. We believe that the VA policy criteria that
we would seek to regulate in this rulemaking are reasonable
interpretations of VA's authority under 38 U.S.C. 322 and are well
known to veterans that participate in this monthly allowance program.
Revising the Center Heading Title for Part 76
Part 76 of 38 CFR is currently titled Monthly Assistance Allowance
for Veterans in Connection with the United States Paralympics. However,
the monthly assistance allowance is not paid solely to veterans who are
training for or competing in the Paralympics, it may also be paid to
veterans who compete in the Olympics. As stated in 38 U.S.C.
322(d)(1)(B), the special monthly allowance may be paid to a veteran
with a VA service-connected disability rated as 30 percent or greater
by the Department of Veterans Affairs who is selected by the USOPC for
the United States Olympic Team for any month in which the veteran is
competing in any event sanctioned by the National Governing Bodies of
the United States Olympic Sports. For this reason, we propose to amend
the center heading title for 38 CFR part 76 to state Monthly Assistance
Allowance for Veterans in Connection with a United States Olympic or
Paralympic Event.
The current authority for 38 CFR part 76 is 38 U.S.C. 501, 322(d),
and as stated in specific sections. However, paragraph (d) of 38 U.S.C.
322 is not the only paragraph in section 322 that is applicable to the
monthly assistance allowance. Paragraph (c) of section 322 is
applicable as the Secretary has the discretion to determine whether a
program is a qualifying program for purposes of the monthly allowance.
Section 322(e) is also applicable as U.S. commonwealths and territories
have their own National Olympic and Paralympic teams, but veterans who
reside in such commonwealths and territories are eligible to receive
the monthly assistance allowance. We therefore propose to amend the
authority section for 38 CFR part 76 to state 38 U.S.C. 501, 322, and
as stated in specific sections.
76.1 Incorporation by Reference
Proposed Sec. 76.1 would address the incorporation by reference in
38 CFR part 76 of the International Paralympic Committee (IPC) Athlete
Classification Code, which contains certain required classifications,
standards, and criteria related to para-athlete sports competition. The
IPC Athlete Classification Code defines who is eligible to compete in
Para-sport and consequently who has the opportunity to reach the goal
of becoming a Paralympic Athlete. The IPC Athlete Classification Code
also groups athletes into sport classes, which ensure that the impact
of impairment is minimized. In addition, the IPC Athlete Classification
Code aims to ensure that sporting excellence determines which athlete
or team is ultimately victorious. International competitions require
that competitors comply with the IPC Athlete Classification Code. As
such, VA relies on the IPC Athlete Classification Code because most
[[Page 24753]]
competitors who receive a monthly assistance allowance compete
internationally. We would use a separate section for incorporation by
reference in this proposed rule because the IPC Athlete Classification
Code would apply to all of part 76, as stated in the relevant sections.
VA currently incorporates by reference the IPC Classification Code
and International Standards November 2007 edition as part of the
definition of the term disability in Sec. 76.1, However, the IPC Code
and Standards were updated in November 2015 and are now titled the IPC
Athlete Classification Code. In compliance with 5 U.S.C. 552(a) and 1
CFR part 51, we propose to incorporate by reference the most current
edition of the IPC Athlete Classification Code, the November 2015
edition. The introductory text of proposed Sec. 76.1 would state the
approval language for IBR material in part 76 and paragraph Sec.
76.1(a) would identify this IBR material, its publisher, and how to
view or obtain it.
76.5 Purpose
Proposed Sec. 76.5 would establish the purpose for 38 CFR part 76,
to state that this part implements the VA program for monthly
assistance allowance available to eligible veterans with disabilities
who are training or competing in sanctioned Olympic or Paralympic
events as provided under 38 U.S.C. 322. This language would be in
alignment with 38 U.S.C. 322 and would provide context for the
remainder of the proposed sections as outlined in this rule.
76.10 Definitions
Proposed Sec. 76.10 would provide the definitions section for 38
CFR part 76. Current Sec. 76.1 only defines two terms, disability, and
Paralympic training center. We would amend the definition of disability
from current Sec. 76.1 as this definition includes the incorporation
by reference information that would now be addressed in proposed Sec.
76.1. We would amend the definition of disability and Paralympic
training center, and add new definitions, as further explained below.
We would define the term dependent to mean a spouse, child, or
parent who meets the definition of these terms as defined in 38 U.S.C.
101. Consistent with 38 U.S.C. 322(d)(2), the rate at which VA pays the
monthly allowance must be equal to the monthly amount of subsistence
allowance that would be payable to a veteran under chapter 31 of title
38 U.S.C. if the veteran were eligible for and entitled to
rehabilitation under chapter 31. The monthly amount of subsistence
allowance under chapter 31 of title 38 U.S.C. (and as regulated in 38
CFR part 21) is affected by whether an eligible veteran has any
dependents and therefore whether the veteran has dependents would also
affect the monthly assistance allowance under this section. See current
Sec. 76.4 and proposed Sec. 76.25. We, therefore, would add a
definition of dependent to part 76. Using VA's statutory definitions of
these terms under section 101 would provide for consistency with the
administration of monthly assistance allowance under 38 U.S.C. chapter
31 as required by section 322(d)(2).
Current Sec. 76.1 defines the term disability to include the
incorporation by reference information that would now be addressed in
proposed Sec. 76.1. We would amend the definition of disability from
current Sec. 76.1 by eliminating the incorporation by reference
information and would now state that disability means a condition that
meets the criteria prescribed by the International Paralympic Committee
(IPC) Classification Code and International Standards, as incorporated
by reference in Sec. 76.1, and qualifies the veteran for participation
in a sport sanctioned by the USOPC.
We would define the term eligible veteran to mean a veteran who
meets the requirements of Sec. 76.15. For a veteran to receive the
monthly assistance allowance, they must meet the eligibility criteria
stated in proposed Sec. 76.15.
We would define the term national governing body to mean an
organization recognized by the USOPC or equivalent committee in the
U.S. that looks after all aspects of an individual sport and is
responsible for the training, competition, and development for their
sports within their designated jurisdiction. Although the term National
Governing Bodies of the United States Olympic Sports is used in section
322(d)(1)(B), we would not use this term and, instead, use the term
USOPC, because United States Olympic Sports is not the name of an
official entity; it is the United States Olympic and Paralympic
Committee (USOPC). A national governing body would include the USOPC
itself or organizations recognized by the USOPC in the 50 States and
the District of Columbia. Veterans who live in U.S. Commonwealths and
Territories are also eligible for this allowance, however, their
national governing body may not be recognized by the USOPC because the
International Paralympic Committee recognizes each U.S. Commonwealth
and Territory as independent entities of the international community.
Instead, we would provide that the national governing body be
recognized by the USOPC or equivalent committee in the U.S to include
governing bodies in the Commonwealths and Territories.
We would define the term National Team to mean the highest level of
elite athlete(s) within a respective event. Section 322(d)(1)(A)
provides that, for Paralympic sports, VA may pay the monthly allowance
for a veteran with a disability who is invited by the United States
Olympic Committee 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 United States Olympic
Committee or who is residing at a United States Olympic Committee
training center. Although not stated in the statute, VA understands the
Paralympic Team to mean the National Paralympic Team. Section
322(d)(1)(B) provides that VA may pay the monthly allowance for a
veteran with a VA service-connected disability rated as 30 percent or
greater who has been selected to participate in the United States
Olympic Team.
We would define the term Olympic and Paralympic Training Center
(OPTC) to mean locations where the national governing body established
facilities for training Olympic and Paralympic athletes. Section
322(d)(1)(A) provides that the monthly allowance may be paid to a
veteran who is residing at a United States Olympic Committee training
center. Although the statue uses the term Unites States Olympic
Committee training center, we would instead define the term OPTC to be
in alignment with the current name used by the USOPC. Current Sec.
76.1 defines the term Paralympic Training Center to refer 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.
However, these sites are subject to change, which would require VA to
continuously amend its regulations. As such, we propose to define the
term OPTC to generally refer to the locations where the national
governing body established facilities for training Olympic and
Paralympic athletes to provide for that flexibility.
We would define the term Olympic event to mean an event contested
in the Summer Olympic Games or Winter Olympic Games. Section
322(d)(1)(B) states that VA may pay a monthly assistance allowance to
veterans who
[[Page 24754]]
are selected for the U.S. Olympic team for any month in which the
veteran is competing in any event sanctioned by the National Governing
Bodies of the United States Olympic Sports. Olympic events are only
contested in the Summer and Winter Olympic Games.
We would define the term Paralympic event to mean an event that is
contested in the Summer Paralympic Games or Winter Paralympic Games, as
well as events run by IPC-recognized international federations that
meet the criteria of active international competition consistent with
IPC standards for a Paralympic event. Section 322(d)(1)(A) provides
that VA may provide a monthly assistance allowance to a veteran with a
disability invited by the USOPC 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 USOPC or who is residing at
an OPTC. Contrary to Olympic events, Paralympic events may be contested
in venues other than the Summer or Winter Paralympic Games.
We would define the term service-connected to be consistent with
the statutory definition to mean, with respect to disability, that such
disability was incurred or aggravated in line of duty in the active
military, naval, air, or space service. VA defines the term service-
connected in 38 U.S.C. 101 and would similarly define it here for
consistency. However, we would not include statutory reference to death
resulting from a disability that was incurred or aggravated, in line of
duty in the active military, naval, air, or space service because the
monthly allowance is only paid to veterans and not a surviving spouse,
child, or parent of a veteran. A monthly allowance may be provided to a
veteran with a service-connected disability rated 30 percent or greater
who is selected by the United States Olympic Committee for the United
States Olympic Team for any month in which the veteran is competing in
any event sanctioned by the National Governing Bodies of the United
States Olympic Sports. See 38 U.S.C. 322(d)(1)(B).
We would define the term U.S. to mean the United States and each of
the 50 States, the District of Columbia, American Samoa, Guam, Puerto
Rico, Northern Mariana Islands, and the United States Virgin Islands.
Although this definition is largely consistent with the statutory
definition of State in 38 U.S.C. 101, we believe it is important to
specifically list out all commonwealths and territories that are listed
in section 322(e). This definition would be used in the context of this
monthly allowance program to qualify the locations in which national
teams, national governing bodies, or residential criteria may be
considered for purposes of eligibility in proposed Sec. 76.15.
We would define the term veteran to have the meaning as given to
this term in 38 U.S.C. 101 (2). We would add this definition to be
clear who VA considers a veteran eligible for the monthly assistance
allowance.
76.15 Eligibility
Current Sec. 76.2 establishes the eligibility criteria for the
monthly allowance by stating that VA will pay an allowance to a veteran
with a disability who is: 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 Residing at
a USP training center in connection with any Paralympic training or
competition for the period certified under Sec. 76.3. However, these
are not the only criteria for payment of the monthly allowance.
Proposed Sec. 76.15 would establish the eligibility criteria for
eligible veterans who apply to receive a monthly assistance allowance.
These criteria would be in alignment with 38 U.S.C. 322(d) and would
also incorporate current VA policy.
We would state in proposed paragraph (a) that to be eligible for a
monthly assistance allowance under this part, a veteran must have a
training and competition plan and meet the requirements applicable to
their event, as established and certified by the national governing
body to verify that the veteran meets the criteria for eligibility in
their respective sport. The training plan would establish the veteran's
training goals and plans for upcoming competition in sanctioned events.
Proposed paragraph (b) would provide the eligibility criteria for
veterans who compete in Paralympic and Olympic events. Proposed
paragraph (b)(1) would establish the eligibility criteria for veterans
who would compete in a Paralympic event. We would state in proposed
(b)(1) that for a Paralympic event, a veteran must: (i) have a
disability which meets the criteria prescribed by the IPC Athlete
Classification Code (incorporated by reference under Sec. 76.1). As
previously stated in this rulemaking, international competitions
require that competitors comply with the IPC Athlete Classification
Code. As such, VA relies on the IPC Athlete Classification Code because
most competitors who receive a monthly assistance allowance compete
internationally.
We would state in proposed (b)(1)(ii) that a veteran must be
invited by a national governing body to compete for a slot on, or
selected for, the National Team in a Paralympic sport and (A) Is
training or competing in an event sanctioned by a national governing
body; or (B) Is residing at a U.S. Olympic and Paralympic Committee
Training Center. We would state in Proposed (b)(1)(iii) that a veteran
must meet the minimum performance standards or higher in the veteran's
respective Paralympic event at a competition or other designated event
sanctioned by a national governing body. The requirements in (b)(1)(ii)
are in alignment with section 322(d)(1)(A). The requirements in
(b)(1)(iii) are consistent with VA policy to ensure only eligible
veterans receive the monthly allowance because there are many
sanctioned Paralympic events in which veterans participate that can
draw a wide range of first-time participants who do not have sufficient
athletic skills to meet minimum performance standards for an event.
Current part 76 does not establish eligibility criteria for
veterans who participate in Olympic events. However, 38 U.S.C.
322(d)(1)(B) allows for a monthly allowance to be payable to a veteran
with a service-connected disability rated as 30 percent or greater who
is selected by the USOPC for the United States Olympic Team for any
month in which the veteran is competing in any event sanctioned by the
National Governing Bodies of the United States Olympic Sports.
Consistent with section 322(d)(1)(B), proposed paragraph (b)(2) would
establish the eligibility criteria for a veteran who participates in an
Olympic event. We would state in proposed (b)(2) that for an Olympic
event a veteran must: (i) have a service-connected disability rated at
30 percent or more by VA; (ii) be selected by a national governing body
in the U.S. to compete as a member of a National Team in an Olympic
event; and (iii) is competing in an event sanctioned by a national
governing body.
Proposed paragraph (c) would establish the relationship between VA
and the entities that are recognized as national governing bodies. As
such we would state in proposed paragraph (c) that VA must have an
active partnership with a national governing body in an Olympic or
Paralympic event in order to have an active monthly assistance
allowance for a respective Olympic or Paralympic event. An active
partnership allows VA to have an effective
[[Page 24755]]
relationship with the national governing body to ensure effective,
valid actions exist through all aspects of the allowance program and
are formalized through joint-use allowance support software.
Partnership relationships ensure that the national governing bodies
involved and central to this part are identified and recognized by some
system or standard. Partnerships are also an essential component of the
monthly assistance allowance because VA relies on the criteria
established by various national governing bodies to determine whether
veterans are eligible to receive the monthly allowance. Partnerships
would also assist the eligible veteran in obtaining certification, as
discussed below regarding section 76.20, from a recognized national
governing body.
76.20 Application, Certification
Proposed Sec. 76.20 would establish the application procedures for
the monthly assistance allowance. This section would clarify current
Sec. 76.3 and make it consistent with current VA policy. We note that
there is no specific time period for submitting an application.
However, VA would only issue payment of the monthly assistance
allowance prospectively within a given fiscal year. Funds for the
payment of the monthly assistance allowance are appropriated on a
fiscal year basis.
We would state that to receive a monthly assistance allowance under
this part, an eligible veteran must submit the items stated in this
section. Proposed paragraph (a) would require that the eligible veteran
submit a complete application.
Proposed paragraph (b) would establish the requirement for the
veteran to provide certification by a national governing body. Proposed
paragraph (b) would state that the veteran must submit a complete
certification, subject to paragraph (b)(3) of this section, signed by
an authorized representative from the national governing body, that
specifies whether payment is due for training, competition, or
residence; the level of performance accomplished; and the dates of the
training, competition, or residence for the period for which payment is
requested.
In proposed paragraph (b)(1)(i) we would provide, for Paralympic
events, the national governing body must additionally certify that the
veteran meets the applicable classification criteria prescribed by the
IPC Athlete Classification Code (as incorporated by reference in Sec.
76.1).
Proposed paragraph (b)(1)(ii) would state that a national governing
body for a Paralympic event will work cooperatively with VA in the
establishment of Paralympic event performance standards. For emerging
athletes not on a National Team in a Paralympic event, performance
standards may consist of initial entry standards and increasing
performance standards over time for progress as a training Paralympic
athlete. This is in alignment with current VA policy.
Proposed paragraph (b)(1)(iii) would state that the national
governing body will act as lead in classification and certification of
an eligible veteran's performance, but VA will make final determination
on performance standards in a Paralympic event and the frequency of the
certification. This is in alignment with current VA policy.
Proposed paragraph (b)(2) would provide criteria related to Olympic
events and would state that for Olympic events, the national governing
body must certify the veteran's status as a National Team member.
Proposed paragraph (b)(3) would add that waivers for the
certification requirement may be allowed at VA's discretion in
exceptional circumstances. Exceptional circumstances include, but are
not limited to, National emergencies, such as a pandemic that causes
cessation of activities, such as the COVID-19 National Emergency, or a
disruption of a sports activity due to circumstances beyond the
veteran's control that would necessitate ongoing veteran training for
elite competition and would reasonably warrant a waiver. This paragraph
would be consistent with current VA policy.
Proposed paragraph (c) would provide for the frequency of
submission of the training plan and certification. Proposed paragraph
(c)(1) would state that eligible veterans must submit their established
training and competition plans in monthly reports in order to continue
receiving the monthly assistance allowance. This paragraph would be
consistent with current VA policy.
Proposed paragraph (c)(2) would provide that an eligible veteran
must resubmit a certification at least every twelve months to continue
to receive a monthly assistance allowance after the initial twelve
month period. The update of a certification of achieving standards
establishes a new 12-month period.
76.25 Monthly Assistance Allowance Amount
Proposed Sec. 76.25 would provide for the amount payable for the
monthly assistance allowance. Section 322(d)(2) of 38 U.S.C. provides
that the amount of the monthly assistance payable to a veteran shall be
equal to the monthly amount of subsistence allowance that would be
payable to the veteran under chapter 31 of this title if the veteran
were eligible for and entitled to rehabilitation under such chapter.
Consistent with section 322(d)(2), we would state in proposed
paragraph (a) that VA may pay a monthly assistance allowance at the
rate payable to a veteran, including those with dependents, who is in a
full-time institutional program under title 38 United States Code
(Chapter 31). This language would clarify current Sec. 76.4(a) and
(c).
Proposed paragraph (b) would provide for the monthly assistance
allowance amount for eligible veterans who train or compete in an event
sanctioned by a national governing body for each day of training or
competition. We would state that when a veteran meets allowance
standards for less than a full month, the payment is prorated for the
portion of the month certified and may be made at 1/30 of the monthly
rate to eligible veterans who train or compete in an event sanctioned
by a national governing body for each day of training or competition.
Proposed paragraph (c) would provide for the monthly assistance
allowance amount for eligible veterans who reside at a U.S. Olympic and
Paralympic Committee Training Center. We would state that payment may
be made at 1/30 of the monthly rate to eligible veterans who reside at
a U.S. Olympic and Paralympic Committee Training Center for each day of
residence. This language is consistent with the language in current
Sec. 76.4(b).
Proposed paragraph (d) would state that in providing the monthly
assistance allowance, VA will issue payments on a monthly basis. This
language is consistent with the language in current Sec. 76.4(b).
We would state in proposed paragraph (e) that VA would periodically
assess funding for the allowance during the fiscal year. We would add
that if a periodic assessment reveals that funding is insufficient to
pay all eligible veterans for the duration of the appropriation period,
VA would first pay in full eligible veterans with service-connected
disabilities. Under 38 U.S.C. 322(d)(1), the payment of the monthly
assistance allowance is subject to the availability of appropriations.
In addition, 38 U.S.C. 322(d)(3) states that in providing assistance
under this subsection, the Secretary shall give priority to veterans
with service-connected disabilities. Therefore, VA would continuously
assess the funding for the monthly assistance allowance and ensure
priority is given to those veterans with service-connected
[[Page 24756]]
disabilities. This is consistent with 38 U.S.C. 322(d)(3) and current
VA policy.
76.30 Reclassification and Change in Event
Historically, classification of an individual in a particular event
was based on the individual's disability as established by a medical
evaluation, placing little emphasis on the individual's skill level on
an event. In the 1980s and 1990s many athletes and classifiers
recognized this shortcoming and drove the development of functional
Classification Systems, which focus more fully on performance. As an
eligible veteran progresses on a particular event, their classification
within that event may change. As a result, these eligible veterans must
be reassessed every year and potentially reclassified during that same
year if their skill level progresses within their chosen event. Current
VA policy allows for eligible veterans to be reclassified in their
current event or change events altogether. We believe that these
reclassifications and changes in event should also be addressed in
regulation as they affect the eligibility of a veteran to receive the
monthly allowance.
Proposed Sec. 76.30 would provide requirements for after a veteran
is reclassified or changes events. Proposed paragraph (a) would
establish the requirements for continued monthly allowance after an
eligible veteran is reclassified. We note that the reclassification
primarily occurs when an individual participates in an event, which is
usually during the competitive season. We would state in proposed
paragraph (a)(1) that if an eligible veteran is reclassified by a
national governing body the following must occur: (i) the eligible
veteran must achieve the performance standard or higher, as stated in
Sec. 76.20(b)(1), in the eligible veteran's new classification for the
event; (ii) the performance standard must be achieved no later than six
months after the date of reclassification. We would also state in
proposed paragraph (a)(2) that the eligible veteran would continue to
receive an allowance under this part as long as all other applicable
standards and requirements under this part continue to be met.
Proposed paragraph (b) would provide the requirements for continued
monthly allowance after an eligible veteran changes event. We would
state that if an eligible veteran changes the event for which they have
been approved for an allowance under this part, they must meet all
applicable standards and requirements stated in Sec. 76.20 for the new
event to receive an allowance under this part.
Approval of Incorporations by Reference
The Office of the Federal Register, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, approved VA's incorporation by reference of
previous editions of the IPC's Classification Code and International
Standards, November 2007 edition. We propose to update this
incorporation by reference to the current IPC's Athlete Classification
Code, November 2015 edition. The IPC Athlete Classification Code
applies to all members of the Paralympic Movement and to all athletes
competing in a Para-sport at International competitions under the
jurisdiction of the International Sport Federation. The Code also
applies to the International Recognized Federations. The Code details
policies and procedures common across all sports and sets principles to
be applied by all Para-sports. The Code is intended to be specific
enough to achieve harmonization on Classification where standardization
is required and general enough in other areas to permit flexibility
regarding the implementation of its principles. It consists of
International Standards that provide technical and operational
standards for specific aspects of Classification to be carried out by
all signatories in a manner which athletes and other Paralympic
stakeholders understand and have confidence in, namely: International
Standard for Eligible Impairments--<a href="https://www.paralympic.org/sites/default/files/document/161007092455456_Sec+ii+chapter+1_3_2_subchapter+1_International+Standard+for+Eligible+Impairments.pdf">https://www.paralympic.org/sites/default/files/document/161007092455456_Sec+ii+chapter+1_3_2_subchapter+1_International+Standard+for+Eligible+Impairments.pdf</a>; International Standard for Athlete
Evaluation--<a href="https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf">https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf</a>; International Standard for Protests and
Appeals--<a href="https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf">https://www.paralympic.org/sites/default/files/document/161007092547338_Sec+ii+chapter+1_3_2_subchapter+2_International+Standard+for+Athlete+Evaluation.pdf</a>; International Standard for Classifier
Personnel and Training--<a href="https://www.paralympic.org/sites/default/files/document/161007092741545_Sec+ii+chapter+1_3_2_subchapter+4_International+Standard+for+Classifier+Personnel+and+Training.pdf">https://www.paralympic.org/sites/default/files/document/161007092741545_Sec+ii+chapter+1_3_2_subchapter+4_International+Standard+for+Classifier+Personnel+and+Training.pdf</a>; International Standard for
Classification Data Protection--<a href="https://www.paralympic.org/sites/default/files/document/161007092840570_Sec+ii+chapter+1_3_2_subchapter+5_International+Standard+for+Classification+Data+Protection.pdf">https://www.paralympic.org/sites/default/files/document/161007092840570_Sec+ii+chapter+1_3_2_subchapter+5_International+Standard+for+Classification+Data+Protection.pdf</a>. This rule would incorporate
the IPC Athlete Classification Code, November 2015 edition, in its
entirety.
The incorporation by reference document is reasonably available
from the Department of Veterans Affairs, Office of National Veterans
Sports Programs and Special Events by email at <a href="/cdn-cgi/l/email-protection#90e3e4f9e0f5fef4e3a4e6f5e4e3d0acf1b0f8e2f5f6ad" http: va.gov">va.gov</a>">stipends4vets@<a href="http://va.gov">va.gov</a></a> and
also available from the publisher at:
170704160235698_2015_12_17+Classification+Code_FINAL2_0.pdf
(<a href="http://paralympic.org">paralympic.org</a>). We will request approval of this incorporation by
reference from the Office of the Federal Register during the Final rule
stage.
Executive Orders 12866, 13563, and 14094
Executive Orders 12866 (Regulatory Planning and Review) 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 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 and Executive
Order 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 www.regulations.gov.
Regulatory Flexibility Act
The Secretary 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 rulemaking does not change VA's policy regarding
small businesses, does not have an economic impact to individual
businesses, and does not increase or decrease costs to small business
entities. This rule would only affect eligible veterans with
disabilities who are training and competing in programs or
[[Page 24757]]
events sanctioned by the U.S. Olympic and Paralympic Committee, an
equivalent national governing body, or National Paralympic Committees
in the United States as defined in this rule, and is considered a
benefit for these veterans. 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 proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act (PRA)
Although this proposed rule contains collection of information
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521), there are no provisions associated with this rulemaking
constituting any new collection of information or any revisions to the
existing collection of information. The collection of information for
proposed 38 CFR 76.20 is currently approved by the Office of Management
and Budget (OMB) and has been assigned OMB control 2900-0760.
Assistance Listing
The Assistance Listing number and title for the program affected by
this document is 64.037, VA U.S. Paralympics Monthly Assistance
Allowance Program. Certification, Disabled, Eligibility, Incorporation
by reference, 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.
List of Subjects in 38 CFR Part 76
Certification, Disabled, Eligibility, Incorporation by reference,
Individuals with disabilities, Monthly assistance allowance,
Overpayment, Oversight, Physically challenged athletes, Service-
connected disabilities, Sport event, Travel and transportation
expenses, U.S. Olympic and Paralympic Training Center, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on March 28, 2024, 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.
Consuela Benjamin,
Regulations Development Coordinator, 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 proposes to revise 38 CFR part 76 as set forth below:
PART 76--MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION
WITH A UNITED STATES OLYMPIC OR PARALYMPIC EVENT
Sec.
76.1 Incorporation by reference.
76.5 Purpose.
76.10 Definitions.
76.15 Eligibility.
76.20 Application, certification.
76.25 Monthly assistance allowance amount.
76.30 Reclassification and change in event.
Authority: 38 U.S.C. 501, 322, and as stated in specific
sections.
Sec. 76.1 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the Department of Veterans
Affairs and at the National Archives and Records Administration (NARA).
Contact the Department of Veterans Affairs at: Office of National
Veterans Sports Programs and Special Events at 810 Vermont Ave. NW,
Washington DC 20420; or by email at <a href="/cdn-cgi/l/email-protection#3744435e47525953440341524344770b56175f4552510a" http: va.gov">va.gov</a>">stipends4vets@<a href="http://va.gov">va.gov</a></a>. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#6006124e090e1310050314090f0e200e0112014e070f16"><span class="__cf_email__" data-cfemail="e28490cc8b8c91928781968b8d8ca28c839083cc858d94">[email protected]</span></a>. The material may be obtained from the following
source:
(a) International Paralympic Committee, Adenauerallee 212-214,
53113 Bonn, Germany; <a href="https://www.paralympic.org/sites/default/files/document/170704160235698_2015_12_17%2BClassification%2BCode_FINAL2_0.pdf">https://www.paralympic.org/sites/default/files/document/170704160235698_2015_12_17%2BClassification%2BCode_FINAL2_0.pdf</a>.
(1) International Paralympic Committee (IPC) Athlete Classification
Code, November 2015 edition; IBR approved for Sec. Sec. 76.10,
76.15(b)(1)(i), and 76.20(b)(1)(i).
(2) [Reserved]
(b) [Reserved]
Sec. 76.5 Purpose.
The purpose of this part is to implement the Department of Veterans
Affairs' (VA) program for monthly assistance allowance available to
eligible veterans with disabilities who are training or competing in
sanctioned Olympic or Paralympic events as provided under 38 U.S.C.
322.
Sec. 76.10 Definitions.
The following definitions apply to 38 CFR part 76.
Dependent means a spouse, child, or parent who meets the definition
of these terms as defined in 38 U.S.C. 101.
Disability means a condition that meets the criteria prescribed by
the International Paralympic Committee (IPC) Athlete Classification
Code (incorporated by reference, see Sec. 76.1) and qualifies the
veteran for participation in a sport sanctioned by the USOPC.
Eligible veteran means a veteran who meets the requirements of
Sec. 76.15.
National governing body means:
(1) An organization recognized by the USOPC or equivalent committee
in the U.S. and
(2) Looks after all aspects of an individual sport and is
responsible for the training, competition, and development for their
sports within their designated jurisdiction.
National Team is the highest level of elite athlete(s) within a
respective event.
Olympic and Paralympic Training Center (OPTC) means the locations
where the national governing body established facilities for training
Olympic and Paralympic athletes.
Olympic event means an event contested in the Summer Olympic Games
or Winter Olympic Games.
Paralympic event means an event that is contested in the Summer
Paralympic Games or the Winter Paralympic Games, as well as events run
by IPC-recognized international federations that meet the criteria of
active international competition consistent with IPC standards for a
Paralympic event.
Service-connected means, with respect to disability, that such
disability was incurred or aggravated in line of duty in the active
military, naval, air, or space service.
U.S. means the United States and each of the 50 States, the
District of Columbia, American Samoa, Guam, Puerto Rico, Northern
Mariana Islands, and the United States Virgin Islands.
Veteran has the meaning as given to this term in 38 U.S.C. 101 (2).
[[Page 24758]]
Sec. 76.15 Eligibility.
(a) General. To be eligible for a monthly assistance allowance
under this part, a veteran must have a training and competition plan
and meet the requirements applicable to their event, as established and
certified by the national governing body to verify that the veteran
meets the criteria for eligibility in their respective sport.
(b) Paralympic and Olympic events. (1) Paralympic event. For a
Paralympic event, a veteran must:
(i) Have a disability which meets the criteria prescribed by the
IPC Athlete Classification Code (incorporated by reference under Sec.
76.1);
(ii) Be invited by a national governing body to compete for a slot
on, or selected for, the National Team in a Paralympic sport and:
(A) Is training or competing in an event sanctioned by a national
governing body; or
(B) Is residing at a U.S. Olympic and Paralympic Committee Training
Center; and
(iii) Meet the minimum performance standards or higher in the
veteran's respective Paralympic event at a competition or other
designated event sanctioned by a national governing body.
(2) Olympic event. For an Olympic event, a veteran must:
(i) Have a service-connected disability rated at 30 percent or more
by VA;
(ii) Be selected by a national governing body in the U.S. to
compete as a member of a National Team in an Olympic event; and
(iii) Is competing in an event sanctioned by a national governing
body.
(c) VA must have an active partnership with a national governing
body in an Olympic or Paralympic event in order to have an active
monthly assistance allowance for a respective Olympic or Paralympic
event.
Sec. 76.20 Application, certification.
To receive a monthly assistance allowance under this part, an
eligible veteran must submit the following:
(a) A complete application; and
(b) A complete certification, subject to paragraph (b)(3) of this
section, signed by an authorized representative from the national
governing body, that specifies whether payment is due for training,
competition, or residence; the level of performance accomplished; and
the dates of the training, competition, or residence for the period for
which payment is requested.
(1) Paralympic events. (i) For Paralympic events, the national
governing body must additionally certify that the veteran meets the
applicable classification criteria prescribed by the IPC Athlete
Classification Code (as incorporated by reference in Sec. 76.1);
(ii) A national governing body for a Paralympic event will work
cooperatively with VA in the establishment of Paralympic event
performance standards. For emerging athletes not on a National Team in
a Paralympic event, performance standards may consist of initial entry
standards and increasing performance standards over time for progress
as a training Paralympic athlete.
(iii) The national governing body will act as lead in
classification and certification of an eligible veteran's performance,
but VA will make final determination on performance standards in a
Paralympic event and the frequency of the certification.
(2) Olympic events. For Olympic events, the national governing body
must certify the veteran's status as a National Team member.
(3) Waivers. Waivers for the certification requirement may be
allowed at VA's discretion in exceptional circumstances.
(c) Frequency of submission of the training and competition plan
and certification. (1) Training and competition plans. Eligible
veterans must submit their established training and competition plans
in monthly reports in order to continue receiving the monthly
assistance allowance.
(2) Certification. An eligible veteran must resubmit a
certification at least every twelve months to continue to receive a
monthly assistance allowance after the initial twelve month period.
(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0760).
Sec. 76.25 Monthly assistance allowance amount.
(a) VA may pay a monthly assistance allowance at the rate payable
to a veteran, including those with dependents, who is in a full-time
institutional program under title 38 United States Code (Chapter 31).
(b) When a veteran meets allowance standards for less than a full
month, the payment is prorated for the portion of the month certified
and may be made at 1/30 of the monthly rate to eligible veterans who
train or compete in an event sanctioned by a national governing body
for each day of training or competition.
(c) Payment may be made at 1/30 of the monthly rate to eligible
veterans who reside at a U.S. Olympic and Paralympic Committee Training
Center for each day of residence.
(d) In providing the monthly assistance allowance, VA will issue
payments on a monthly basis.
(e) VA will periodically assess funding for the allowance during
the fiscal year. If a periodic assessment reveals that funding is
insufficient to pay all eligible veterans for the duration of the
appropriation period, VA will first pay in full eligible veterans with
service-connected disabilities.
Sec. 76.30 Reclassification and change in event.
(a) Reclassification. (1) If an eligible veteran is reclassified by
a national governing body the following must occur:
(i) The eligible veteran must achieve the performance standard or
higher, as stated in Sec. 76.20(b)(1), in the eligible veteran's new
classification for the event;
(ii) The performance standard must be achieved no later than six
months after the date of reclassification.
(2) The eligible veteran will continue to receive an allowance
under this part as long as all other applicable standards and
requirements under this part continue to be met.
(b) Change in event. If an eligible veteran changes the event for
which they have been approved for an allowance under this part, they
must meet all applicable standards and requirements stated in Sec.
76.20 for the new event to receive an allowance under this part.
[FR Doc. 2024-06984 Filed 4-8-24; 8:45 am]
BILLING CODE 8320-01-P
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