Additional Compensation on Account of Children Adopted Out of Veteran's Family, 48450-48451 [2015-19949]
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48450
Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AP18
Additional Compensation on Account
of Children Adopted Out of Veteran’s
Family
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its
adjudication regulations to clarify that a
veteran will not receive the dependent
rate of disability compensation for a
child who is adopted out of the
veteran’s family. This action is
necessary because applicable VA
adjudication regulations are currently
construed as permitting a veteran,
whose former child was adopted out of
the veteran’s family, to receive the
dependent rate of disability
compensation for the adopted-out child,
which constitutes an unwarranted
award of benefits not supported by the
applicable statute and legislative
history. This document adopts as a final
rule, without change, the proposed rule
published in the Federal Register on
December 2, 2014.
DATES: This rule is effective September
14, 2015.
SUMMARY:
rmajette on DSK2TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Stephanie Li, Chief, Regulations Staff
(211D), Compensation Service,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–9700. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On
December 2, 2014, VA published in the
Federal Register (79 FR 71366), a
proposed rule to amend 38 CFR 3.57
and 3.58 to clarify that a veteran will
not receive the dependent rate of
disability compensation for a child who
is adopted out of the veteran’s family. In
this regard, pursuant to 38 U.S.C. 1115,
a veteran entitled to compensation
based on a service-connected disability
rating of not less than 30 percent is
entitled to an additional rate of
disability compensation for each of his
or her children. Additionally, 38 CFR
3.58 provides that ‘‘[a] child of a veteran
adopted out of the family of the veteran
. . . is nevertheless a child within the
meaning of that term as defined by
§ 3.57 and is eligible for benefits payable
under all laws administered by the
Department of Veterans Affairs.’’
However, VA believes its longstanding
interpretation in § 3.58, as it applies to
38 U.S.C. 1115, is inconsistent with the
VerDate Sep<11>2014
15:41 Aug 12, 2015
Jkt 235001
statute’s clear purpose to provide for
payments to a veteran that are based
primarily upon the veteran’s needs for
purposes of supporting his or her
dependent family members.
VA, therefore, believes Congress did
not intend for section 1115 to provide
additional disability compensation to a
veteran on account of a child who is
adopted out of the veteran’s family. In
such cases, it is clear that any payment
to the veteran on account of the
adopted-out child would rarely, if ever,
fulfill the clear purpose of section 1115
to provide for the expense of supporting
that child. As such, VA is amending its
regulations, particularly 38 CFR 3.57,
3.58, and 3.458, to eliminate this
additional compensation paid to
veterans for such children.
Any child, however, who is adopted
out of the veterans family does not, as
the result of the amendments to 38 CFR
3.57 and 3.58, lose any rights to receive
VA benefits in the child’s own right,
such as dependency and indemnity
compensation, which is not necessarily
dependent upon a continuing, legally
based parent-child relationship.
The proposed rule was published in
the Federal Register (79 FR 71366) on
December 2, 2014. A 60-day comment
period was provided. No public
comments were received regarding the
proposed rule. As a result, based on the
rationale set forth in the proposed rule,
we adopt the provisions of the proposed
rule as a final rule without change. This
rule will apply as of the effective date
of the final rule, namely 30 days
following the date of publication of the
final rule.
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, 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
Review) defines 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 Order
12866. VA’s impact analysis can be
found as a supporting document at
https://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 https://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.’’
Regulatory Flexibility Act
The Secretary hereby certifies that
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. 601–12). This final rule will
not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the final
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. 3501–21).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
E:\FR\FM\13AUR1.SGM
13AUR1
Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
programs affected by this document are
64.102, Compensation for ServiceConnected Deaths for Veterans’
Dependents; 64.105, Pension to
Veterans, Surviving Spouses, and
Children; 64.109, Veterans
Compensation for Service-Connected
Disability; and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
Signing Authority
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Dated: August 10, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation
Policy & Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR part 3 as
follows:
PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
1. The authority citation for part 3,
subpart A continues to read as follows:
■
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
2. Amend § 3.57:
a. In paragraph (a)(1) introductory
text, by removing the phrase
‘‘paragraphs (a)(2) and (3)’’ and adding
in its place ‘‘paragraphs (a)(2) through
(4)’’.
■ b. By adding paragraph (a)(4).
■ c. By adding an authority citation
immediately following newly added
paragraph (a)(4).
■ d. By revising the Cross References at
the end of the section.
The revisions and additions read as
follows:
rmajette on DSK2TPTVN1PROD with RULES
■
■
Child.
(a) * * *
(4) For purposes of any benefits
provided under 38 U.S.C. 1115,
VerDate Sep<11>2014
15:41 Aug 12, 2015
(Authority: 38 U.S.C. 101(4), 501, 1115).
*
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.
Robert L. Nabors II, Chief of Staff,
Department of Veterans Affairs,
approved this document on August 7,
2015, for publication.
§ 3.57
Additional compensation for
dependents, the term child does not
include a child of a veteran who is
adopted out of the family of the veteran.
This limitation does not apply to any
benefit administered by the Secretary
that is payable directly to a child in the
child’s own right, such as dependency
and indemnity compensation under 38
CFR 3.5.
Jkt 235001
*
*
*
*
CROSS REFERENCES: Improved
pension rates. See § 3.23. Improved
pension rates; surviving children. See
§ 3.24. Child adopted out of family. See
§ 3.58. Child’s relationship. See § 3.210.
Helplessness. See § 3.403(a)(1).
Helplessness. See § 3.503(a)(3).
Veteran’s benefits not apportionable.
See § 3.458. School attendance. See
§ 3.667. Helpless children—SpanishAmerican and prior wars. See § 3.950.
■
3. Revise § 3.58 to read as follows:
§ 3.58
Child adopted out of family.
(a) Except as provided in paragraph
(b) of this section, a child of a veteran
adopted out of the family of the veteran
either prior or subsequent to the
veteran’s death is nevertheless a child
within the meaning of that term as
defined by § 3.57 and is eligible for
benefits payable under all laws
administered by the Department of
Veterans Affairs.
(b) A child of a veteran adopted out
of the family of the veteran is not a child
within the meaning of § 3.57 for
purposes of any benefits provided under
38 U.S.C. 1115, Additional
compensation for dependents.
(Authority: 38 U.S.C. 101(4)(A), 1115).
CROSS REFERENCES: Child. See
§ 3.57. Veteran’s benefits not
apportionable. See § 3.458.
4. Amend § 3.458:
(a) In paragraph (d), by removing the
phrase ‘‘, except the additional
compensation payable for the child’’.
■ (b) By adding Cross References at the
end of the section.
The addition reads as follows:
■
■
§ 3.458 Veterans benefits not
apportionable.
*
*
*
*
*
CROSS REFERENCES: Child. See
§ 3.57. Child adopted out of family. See
§ 3.58.
[FR Doc. 2015–19949 Filed 8–12–15; 8:45 am]
BILLING CODE 8320–01–P
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48451
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 4
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
RIN 1094–AA54
Hearing Process Concerning
Acknowledgment of American Indian
Tribes
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
The Office of the Secretary is
publishing this final rule
contemporaneously and in conjunction
with the Bureau of Indian Affairs final
rulemaking (the BIA final rule) revising
the process and criteria for Federal
acknowledgment of Indian tribes. This
rule establishes procedures for a new
optional, expedited hearing process for
petitioners who receive a negative
proposed finding for Federal
acknowledgment.
SUMMARY:
This rule is effective September
14, 2015.
FOR FURTHER INFORMATION CONTACT: Karl
Johnson, Senior Attorney, Office of
Hearings and Appeals, Departmental
Cases Hearings Division, (801) 524–
5344; karl_johnson@oha.doi.gov.
Persons who use a telecommunications
device for the deaf may call the Federal
Information Relay Service at 800–877–
8339.
DATES:
SUPPLEMENTARY INFORMATION:
I. Executive Summary of Rule
This final rule establishes procedures
for the hearing process, including
provisions governing prehearing
conferences, discovery, motions, an
evidentiary hearing, briefing, and
issuance by the administrative law
judge (ALJ) of a recommended decision
on Federal acknowledgment of an
Indian tribe for consideration by the
Assistant Secretary—Indian Affairs
(AS–IA). This final rule complements
the BIA final rule published in the July
1, 2015 Federal Register, 80 FR 37862,
that revises 25 CFR part 83 to improve
the processing of petitions for Federal
acknowledgment of Indian tribes. These
improvements include affording the
petitioner an opportunity to request a
hearing before an ALJ in the
Departmental Cases Hearings Division
(DCHD), Office of Hearings and Appeals
(OHA), if the petitioner receives a
negative proposed finding on Federal
acknowledgment from the Office of
Federal Acknowledgment (OFA).
E:\FR\FM\13AUR1.SGM
13AUR1
Agencies
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48450-48451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19949]
[[Page 48450]]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AP18
Additional Compensation on Account of Children Adopted Out of
Veteran's Family
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulations to clarify that a veteran will not receive the
dependent rate of disability compensation for a child who is adopted
out of the veteran's family. This action is necessary because
applicable VA adjudication regulations are currently construed as
permitting a veteran, whose former child was adopted out of the
veteran's family, to receive the dependent rate of disability
compensation for the adopted-out child, which constitutes an
unwarranted award of benefits not supported by the applicable statute
and legislative history. This document adopts as a final rule, without
change, the proposed rule published in the Federal Register on December
2, 2014.
DATES: This rule is effective September 14, 2015.
FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, Regulations Staff
(211D), Compensation Service, Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not
a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On December 2, 2014, VA published in the
Federal Register (79 FR 71366), a proposed rule to amend 38 CFR 3.57
and 3.58 to clarify that a veteran will not receive the dependent rate
of disability compensation for a child who is adopted out of the
veteran's family. In this regard, pursuant to 38 U.S.C. 1115, a veteran
entitled to compensation based on a service-connected disability rating
of not less than 30 percent is entitled to an additional rate of
disability compensation for each of his or her children. Additionally,
38 CFR 3.58 provides that ``[a] child of a veteran adopted out of the
family of the veteran . . . is nevertheless a child within the meaning
of that term as defined by Sec. 3.57 and is eligible for benefits
payable under all laws administered by the Department of Veterans
Affairs.'' However, VA believes its longstanding interpretation in
Sec. 3.58, as it applies to 38 U.S.C. 1115, is inconsistent with the
statute's clear purpose to provide for payments to a veteran that are
based primarily upon the veteran's needs for purposes of supporting his
or her dependent family members.
VA, therefore, believes Congress did not intend for section 1115 to
provide additional disability compensation to a veteran on account of a
child who is adopted out of the veteran's family. In such cases, it is
clear that any payment to the veteran on account of the adopted-out
child would rarely, if ever, fulfill the clear purpose of section 1115
to provide for the expense of supporting that child. As such, VA is
amending its regulations, particularly 38 CFR 3.57, 3.58, and 3.458, to
eliminate this additional compensation paid to veterans for such
children.
Any child, however, who is adopted out of the veterans family does
not, as the result of the amendments to 38 CFR 3.57 and 3.58, lose any
rights to receive VA benefits in the child's own right, such as
dependency and indemnity compensation, which is not necessarily
dependent upon a continuing, legally based parent-child relationship.
The proposed rule was published in the Federal Register (79 FR
71366) on December 2, 2014. A 60-day comment period was provided. No
public comments were received regarding the proposed rule. As a result,
based on the rationale set forth in the proposed rule, we adopt the
provisions of the proposed rule as a final rule without change. This
rule will apply as of the effective date of the final rule, namely 30
days following the date of publication of the final rule.
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, 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 Review) defines 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 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 Order 12866. VA's impact analysis can be found as a
supporting document at https://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 https://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
Regulatory Flexibility Act
The Secretary hereby certifies that 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-
12). This final rule will not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from
the final 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-
21).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the
[[Page 48451]]
programs affected by this document are 64.102, Compensation for
Service-Connected Deaths for Veterans' Dependents; 64.105, Pension to
Veterans, Surviving Spouses, and Children; 64.109, Veterans
Compensation for Service-Connected Disability; and 64.110, Veterans
Dependency and Indemnity Compensation for Service-Connected Death.
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. Robert L.
Nabors II, Chief of Staff, Department of Veterans Affairs, approved
this document on August 7, 2015, for publication.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Dated: August 10, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office
of the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, VA amends 38 CFR part 3
as follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.57:
0
a. In paragraph (a)(1) introductory text, by removing the phrase
``paragraphs (a)(2) and (3)'' and adding in its place ``paragraphs
(a)(2) through (4)''.
0
b. By adding paragraph (a)(4).
0
c. By adding an authority citation immediately following newly added
paragraph (a)(4).
0
d. By revising the Cross References at the end of the section.
The revisions and additions read as follows:
Sec. 3.57 Child.
(a) * * *
(4) For purposes of any benefits provided under 38 U.S.C. 1115,
Additional compensation for dependents, the term child does not include
a child of a veteran who is adopted out of the family of the veteran.
This limitation does not apply to any benefit administered by the
Secretary that is payable directly to a child in the child's own right,
such as dependency and indemnity compensation under 38 CFR 3.5.
(Authority: 38 U.S.C. 101(4), 501, 1115).
* * * * *
CROSS REFERENCES: Improved pension rates. See Sec. 3.23. Improved
pension rates; surviving children. See Sec. 3.24. Child adopted out of
family. See Sec. 3.58. Child's relationship. See Sec. 3.210.
Helplessness. See Sec. 3.403(a)(1). Helplessness. See Sec.
3.503(a)(3). Veteran's benefits not apportionable. See Sec. 3.458.
School attendance. See Sec. 3.667. Helpless children--Spanish-American
and prior wars. See Sec. 3.950.
0
3. Revise Sec. 3.58 to read as follows:
Sec. 3.58 Child adopted out of family.
(a) Except as provided in paragraph (b) of this section, a child of
a veteran adopted out of the family of the veteran either prior or
subsequent to the veteran's death is nevertheless a child within the
meaning of that term as defined by Sec. 3.57 and is eligible for
benefits payable under all laws administered by the Department of
Veterans Affairs.
(b) A child of a veteran adopted out of the family of the veteran
is not a child within the meaning of Sec. 3.57 for purposes of any
benefits provided under 38 U.S.C. 1115, Additional compensation for
dependents.
(Authority: 38 U.S.C. 101(4)(A), 1115).
CROSS REFERENCES: Child. See Sec. 3.57. Veteran's benefits not
apportionable. See Sec. 3.458.
0
4. Amend Sec. 3.458:
0
(a) In paragraph (d), by removing the phrase ``, except the additional
compensation payable for the child''.
0
(b) By adding Cross References at the end of the section.
The addition reads as follows:
Sec. 3.458 Veterans benefits not apportionable.
* * * * *
CROSS REFERENCES: Child. See Sec. 3.57. Child adopted out of
family. See Sec. 3.58.
[FR Doc. 2015-19949 Filed 8-12-15; 8:45 am]
BILLING CODE 8320-01-P