Elimination of On-the-Job Training and Apprenticeship Trainee Certification, 11906-11909 [2020-03884]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11906-11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03884]


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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: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
regulations that contain the requirements for certification of 
attendance at on-the-job training and apprenticeship programs under the 
Veterans Apprenticeship and Labor Opportunity Reform Act (VALOR Act). 
Section 3 of this law eliminated the requirement that trainees 
(veterans and other eligible persons who receive the training) certify 
attendance at on-the-job or apprentice training prior to disbursement 
of a training assistance allowance, thereby placing the responsibility 
solely on the employer to certify attendance in on-the-job and 
apprenticeship programs. Although it does not apply to chapter 30, we 
propose to eliminate the regulatory trainee certification requirement 
for chapter-30 trainees as well.

DATES: Comments must be received on or before April 28, 2020.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Office of 
Regulation Policy and Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AQ61--Elimination of On-the-Job Training and 
Apprenticeship Trainee Certification.'' Copies of comments received 
will be available for public inspection in the Office of Regulation 
Policy and

[[Page 11907]]

Management, Room 1064, between the hours of 8:00 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free number.) In addition, during 
the comment period, comments may be viewed online through the Federal 
Docket Management System (FDMS) at www.Regulations.gov.

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: Prior to the enactment of Public Law 115-89, 
131 Stat. 1279, ``Veterans Apprenticeship and Labor Opportunity Reform 
Act'' (VALOR Act), 38 U.S.C. 3680(c) required that veterans and other 
eligible persons pursuing approved programs of on-the-job training 
(OJT) or apprenticeship training (trainees) certify actual attendance 
and that training establishments certify that a trainee was enrolled in 
and pursuing a program of apprenticeship or other on-job training. VA 
implemented former section 3680(c) in 38 CFR 21.4138(e)(2), 21.5133(b), 
and 21.7640(a)(3). VA also required dual certification for chapter-30 
apprenticeship and OJT programs in 38 CFR 21.7140(c)(2).
    Section 3 of Public Law 115-89 amended sec. 3680(c) to eliminate 
the trainee's attendance certification requirement. Consequently, only 
the training establishment is required to certify the trainee's OJT or 
apprenticeship training. Congress eliminated the trainee certification 
requirement to ``reduce the administrative burden on veterans while 
maintaining attendance certification'' to ``ensure GI Bill benefits are 
only paid to individuals who are abiding by the benefit requirements.'' 
H.R. Rep. No. 115-398, at 4 (2017). VA therefore proposes to amend 38 
CFR 21.4138(e)(2), 21.5133(b), and 21.7640(a)(3) by removing references 
to the requirement for a trainee's certification.
    Section 3034 of title 38, U.S.C., sets forth general provisions 
regarding the administration of the chapter 30 Montgomery GI Bill 
program. Section 3034(a)(1) provides that the general administration of 
educational benefits provisions contained in chapter 36 apply to the 
chapter 30 program, except for sec. 3680(c), among other provisions. 
Although 38 U.S.C. 3034(a)(1) specifically excepts 38 U.S.C. 3680(c) 
from application to the provision of educational assistance under 
chapter 30, VA previously promulgated 38 CFR 21.7140(c)(2)(ii) to 
require employer and trainee certification for apprenticeship and OJT 
programs under chapter 30. (VA apparently interpreted sec. 3034(a)(1) 
as not necessarily prohibiting VA from requiring dual certifications 
but, rather, as not requiring VA to require dual certifications 
pursuant to sec. 3680(c).)
    VA proposes to amend 38 CFR 21.7140(c)(2)(ii) to eliminate the 
trainee certification requirement for apprenticeship and OJT programs 
under chapter 30. We are proposing to amend section 21.7140(c)(2) so 
that the certification requirement would be consistent across all VA 
education and training programs and with Congress' intent to reduce the 
administrative burden for trainees enrolled in apprenticeship and OJT 
programs. H.R. Rep. No. 115-398, at 4.
    VA also proposes to amend the authority citations for 38 CFR 
21.4138(e) and 21.5133 to explain that 38 U.S.C. 3680(c) is an 
authority for these regulations. Also, VA would add an authority 
citation for Sec.  21.7140(c)(2) to explain that 38 U.S.C. 3034 and 
3680(g) are the authority for this regulation. Finally, VA would add 
the Office of Management and Budget (OMB) information-collection 
control number for 38 CFR 21.4138, 21.5133, 21.7140, and 21.7640.
    These proposed amendments would necessitate revision of the current 
OMB approved collection of information, OMB Control No. 2900-0178, VA 
Form 22-6553d-1, ``Monthly Certification of On-The-Job and 
Apprenticeship Training.'' Both the trainee and the training 
establishment must currently complete and sign the form reporting the 
number of hours the trainee has worked and, if applicable, the date the 
trainee terminated training. Based on this form, VA either continues a 
trainee's education benefits without changes or amends or terminates 
benefits. We propose to revise this information collection to remove 
the trainee's certification based on Public Law 115-89.

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 
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 website at 
https://www1.va.gov/orpm/, by following the link for ``VA Regulations 
Published From FY 2004 Through Fiscal Year to Date.'' This proposed 
rule is expected to be an E.O. 13771 deregulatory action. Details on 
the estimated cost savings of this proposed rule can be found in the 
rule's economic analysis.

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 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 proposed rule would have no such effect on State, 
local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires 
that VA consider the impact of paperwork and other information 
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid OMB control number. See also 5 CFR 1320.8(b)(3)(vi).

[[Page 11908]]

    This proposed rule includes provisions involving a revised 
collection of information under the Paperwork Reduction Act of 1995 
that requires approval by OMB. OMB assigns control numbers to 
collections of information it approves. VA may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number. The 
information collection requirement in Sec. Sec.  21.4138(e)(2), 
21.5133(b), 21.7140(c)(2), and 21.7640(a)(3) is currently approved by 
OMB and has been assigned OMB control number 2900-0178.
    Title: Monthly Certification of On-The-Job and Apprenticeship 
Training (VA Form 22-6553d & 22-6553d-1).
    Summary of collection of information: The amended collection of 
information in proposed Sec. Sec.  21.4138(e)(2), 21.5133(b), 
21.7140(c)(2), and 21.7640(a)(3) would require only the training 
establishment to complete and submit VA Form 22-6553d or 22-6553d-1 to 
certify a trainee's on-the-job training or apprenticeship training. 
This proposed rule would eliminate the requirement for the trainee to 
complete and submit this form to certify training. The proposed 
amendment to Sec. Sec.  21.4138(e)(2), 21.5133(b), 21.7140(c)(2), and 
21.7640(a)(3) would decrease the estimated annual number of respondents 
and consequently reduce the estimated total annual reporting and 
recordkeeping burden.
    The estimated annual burden for the revised collection of 
information would be determined as follows:
    Description of need for information and proposed use of 
information: There would be no change in the need for information and 
proposed use of information collected for OMB-approved Control Number 
2900-0178 (VA Form 22-6553d or 22-6553d-1). VA Form 22-6553d or 22-
6553d-1 is used to report the number of hours the trainee has worked 
and, if applicable, to report the date the trainee terminated training.
    Description of likely respondents: The certifying officials at VA 
approved training establishments would be the sole respondents as a 
result of the proposed rule. They are the only parties that would 
complete and sign VA Form 22-6553d or 22-6553d-1 to certify a trainee's 
on-the-job training or apprenticeship training as the proposed rule, 
which would implement Public Law 115-89, would eliminate the 
requirement that trainees also complete and sign the form. This change, 
therefore, would reduce the number of respondents.
    Estimated number of respondents per month/year: 3,795 annually.
    Estimated frequency of responses per month/year: 9 responses per 
respondent.
    Estimated number of responses per month/year: 34,155 annually.
    Estimated average burden per response: The estimated average burden 
per response for OMB-approved Control Number 2900-0178 (VA Form 22-
6553d or 22-6553d-1), would be 10 minutes, rather than 20 minutes when 
there were two respondents required for each form.
    Estimated total annual reporting and recordkeeping burden: 5,693 
hours.
    Estimated total annual respondent burden cost: $142,211.
    This proposed rule would reduce the current annual respondent 
burden costs from $283,348 to $142,211, resulting in an information 
collection burden costs savings of $141,137.

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.

    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. Pamela 
Powers, Chief of Staff, Department of Veterans Affairs, approved this 
document on February 20, 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 proposes to amend 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. Revisig paragraph (e)(2)(ii);
0
b. Revising the authority citation for paragraph (e); and
0
c. Revising the information collection approval 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 at the end of the 
section; and.
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.

* * * * *
    (b) * * *
    (2) VA has received from the training establishment a certification 
of hours

[[Page 11909]]

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); and
0
c. Revising the information collection approval 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); and
0
b. Revising the information collection approval 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. 2020-03884 Filed 2-27-20; 8:45 am]
 BILLING CODE 8320-01-P