Bar to Approval, 66991-66995 [2024-18345]
Download as PDF
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
decision on the Pennsylvania program
does not include Indian lands as
defined by SMCRA or other Tribal lands
and it does not affect the regulation of
activities on Indian lands or other Tribal
lands. Indian lands under SMCRA are
regulated independently under the
applicable Federal Indian program. The
Department’s consultation policy also
acknowledges that our rules may have
Tribal implications where the state
proposing the amendment encompasses
ancestral lands in areas with minable
coal. We are currently working to
identify and engage appropriate Tribal
stakeholders to devise a constructive
approach for consulting on these
amendments.
Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 requires
agencies to prepare a Statement of
Energy Effects for a rulemaking that is
(1) considered significant under
Executive Order 12866, and (2) likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Because this rule is exempt from review
under Executive Order 12866 and is not
significant energy action under the
definition in Executive Order 13211, a
Statement of Energy Effects is not
required.
National Environmental Policy Act
Consistent with sections 501(a) and
702(d) of SMCRA (30 U.S.C. 1251(a) and
1292(d), respectively) and the U.S.
Department of the Interior Departmental
Manual, part 516, section 13.5(A), State
program amendments are not major
Federal actions within the meaning of
section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C.
4332(2)(C)).
ddrumheller on DSK120RN23PROD with RULES1
Paperwork Reduction Act
This rule does not include requests
and requirements of an individual,
partnership, or corporation to obtain
information and report it to a Federal
agency. As this rule does not contain
information collection requirements, a
submission to the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
is not required.
Regulatory Flexibility Act
This rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The State submittal, which is
the subject of this rule, requests that we
correct the CFR to accurately reflect our
VerDate Sep<11>2014
15:54 Aug 16, 2024
Jkt 262001
prior approval of parts of the
Pennsylvania program, and therefore,
would not have a significant economic
effect upon a substantial number of
small entities.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based on the nature of
this rule, in which we do not make any
substantive decision.
Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
Tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. This
determination is based on the nature of
this rule, in which we do not make any
substantive decision. Therefore, a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
For the reasons set out in the
preamble, 30 CFR part 938 is amended
as set forth below:
PART 938—PENNSYLVANIA
1. The authority citation for part 938
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
§ 938.12
Amended]
2. In § 938.12, remove paragraph (e)
and redesignate paragraph (f) as
paragraph (e).
■
[FR Doc. 2024–18512 Filed 8–16–24; 8:45 am]
BILLING CODE 4310–05–P
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
66991
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AQ99
Bar to Approval
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
that govern VA’s administration of
educational assistance programs to
implement a provision of the Veterans
Benefits and Transition Act of 2018,
which requires a State Approving
Agency (SAA), or the Secretary of
Veterans Affairs (when acting as the
SAA), to disapprove programs of
education provided by educational
institutions that do not permit
individuals using benefits under certain
VA educational assistance programs to
attend or participate in courses while
awaiting payment from VA or that
impose a penalty on an individual for
failure to meet financial obligations due
to a delayed VA payment. VA is also
implementing a provision that allows
educational institutions to require a
claimant using educational benefits to
submit certain documents and to pay
certain fees or charges if VA delays
payment and ultimately pays less than
what an educational institution
anticipated receiving.
DATES:
Effective date: This rule is effective
September 18, 2024.
Applicability date: The provisions of
this final rule shall apply to all terms
that began on or after August 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Alphonso, Assistant Director,
Policy and Procedures, Education
Service, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington,
DC 20420, (202) 461–9800. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: On
February 27, 2023, VA published a
proposed rule in the Federal Register at
88 FR 12293 to amend its regulations to
require an SAA, or the Secretary of
Veterans Affairs when acting as an SAA,
to disapprove programs of education
that do not permit individuals using
benefits under either Chapter 31 or
Chapter 33 to attend or participate in
courses while awaiting payment from
VA, and to implement other provisions
of the Veterans Benefits and Transition
Act of 2018, Public Law 115–407. The
60-day comment period ended on April
28, 2023.
VA received comments from five
commenters in response to the proposed
SUMMARY:
E:\FR\FM\19AUR1.SGM
19AUR1
66992
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
rule. While all commenters expressed
some support for this rule, some
requested additional information about
its provisions or about implementation
procedures. Further, some commenters
stated that the rulemaking may have
adverse effects on stakeholders. The
comments are addressed below. In
addition, we have included an
applicability date in this final rule to
conform to 38 U.S.C. 3679(e)(1) and to
make clear that we have been applying,
and will continue to apply, the statutory
requirements reflected in this rule to all
terms that began on or after August 1,
2019, and we have also included a
technical edit in new 38 CFR
21.4269(d)(1)(i).
ddrumheller on DSK120RN23PROD with RULES1
Changes to Section 103
One commenter requested that VA
clarify changes it is making to section
103 of Public Law 115–407. As we
stated in the proposed rule, section 103
added subsection (e) to 38 U.S.C. 3679,
among other things, to require an SAA,
or VA when acting as an SAA, to
disapprove programs of education that
do not permit individuals using Chapter
31 or Chapter 33 benefits to attend or
participate in courses while awaiting
payment from VA, a requirement not
previously in the law. The commenter
appears to be conflating public laws
enacted by Congress and regulations
promulgated by agencies such as VA.
This rulemaking implements section
103 at 38 CFR 21.4269; VA is not
making any changes to section 103 of
Public Law 115–407 because VA has no
authority to change laws.
VA makes no changes to the rule
based on this comment.
Release of Financial Aid Funds
One commenter requested
clarification regarding the release of a
student’s financial aid funds while the
educational institution awaits tuition
and fees payments from VA. Section
3679(e)(1)(B) provides that educational
institutions are prohibited from
employing policies requiring students to
borrow additional funds to pay tuition
and fees so the institutions are paid in
advance of VA benefit payments while
the institutions await VA payments. As
the commenter noted, the law does not
address educational institutions’
obligations with regard to the release of
financial aid funds. The use of Federal
student financial aid is administered by
the Department of Education (ED).
Therefore, ED would be in the best
position to answer questions concerning
the use and release of financial aid
funds.
VA makes no changes to the rule
based on this comment.
VerDate Sep<11>2014
15:54 Aug 16, 2024
Jkt 262001
Chapter 35 Beneficiary
One commenter requested additional
clarification regarding the application of
this rulemaking to Chapter 35
recipients. Section 3679(e), as added by
section 103 of Public Law 115–407,
requires schools to maintain certain
policies applicable only to Chapter 31
and 33 beneficiaries. Effective
November 30, 2021 (applicable to
academic periods beginning August 1,
2022), Public Law 117–68 revised
section 3679(e) to require schools to
maintain the policies with regard to
Chapter 35 beneficiaries as well. VA
does not pay tuition and fees to schools
under Chapter 35, but instead pays a
statutory flat rate directly to Chapter 35
beneficiaries. 38 U.S.C. 3532.
Consequently, schools do not need to
certify Chapter 35 tuition and fee
payments, and students do not need to
demonstrate to the school entitlement to
Chapter 35 benefits. Thus, regardless of
the statutory revision, there are no
school policies about restricting Chapter
35 program participation or imposing a
penalty for delayed VA payment of
Chapter 35 benefits that would be
relevant to Chapter 35 beneficiaries.
Nonetheless, in light of the statutory
revision, we understand the
commenter’s confusion. Accordingly, to
make it clear that the regulatory
requirement would in theory apply to
Chapter 35 beneficiaries, and for
consistency with the authorizing statute,
we are adding ‘‘chapter 35’’ in the final
rule where applicable.
Enrollment Manager for Eligibility
Verification
One commenter requested additional
clarification regarding the definition of
‘‘certificate of eligibility,’’ specifically
with regard to the newly released VA
system Enrollment Manager (EM), a
modernized platform used by school
certifying officials (SCO), and its role in
certifying student enrollments and
verifying a students’ eligibility for VA
education benefits. As we explained in
the proposed rule, we interpret section
3679(e)’s reference to ‘‘certificate of
eligibility’’ as not referring to a specific
VA document that could serve as
eligibility documentation but, rather, as
referring to any authoritative
documentation provided by VA that
serves to verify eligibility under Chapter
31 or 33. While EM allows SCOs to
access a Chapter 33 student’s
entitlement information, such access is
limited. A student’s information is only
accessible through EM if the student has
allowed such access. Per 38 U.S.C.
3699A(b), a student may elect not to
provide their entitlement information to
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
a school through EM. Furthermore, the
EM platform does not provide
entitlement information for Chapter 31
student beneficiaries. Nonetheless, an
SCO’s use of EM to verify a student’s
remaining Chapter 33 benefits is an
acceptable form of authoritative
documentation for Chapter 33
beneficiaries who have not exercised
their right under section 3699A(b) to
block the sharing of their information
with schools. Thus, we have clarified its
acceptability in the final rule at
§ 21.4269(a)(1).
Administrative Burdens
One commenter described the many
benefits of the new rule but expressed
a number of concerns, including a
potential increase in the administrative
burden on both educational institutions
and VA. The commenter stated that
educational institutions may be required
to change or update their policies and
that VA would require more funding to
ensure educational institutions’
compliance with the rule. VA does not
believe that there will be increased
administrative burdens associated with
this rule. SAAs are generally
responsible for the approval or
disapproval of education and training
programs in their respective states.
According to VA’s internal compliance
records, implementation of section
3679(e) has not created an additional
administrative burden on SAAs. Since
August 1, 2019, the date VA began
implementing the statutory provision,
no educational institution has been
disapproved due to a violation of
section 3679(e), and additional Federal
funds have not been required to enforce
this provision.
Also, while educational institutions
are required to provide notice to
enrolled and prospective students of
any information required for
certification of students’ enrollment in
addition to the information enumerated
in their online or print catalogs, VA
surveyed multiple educational
institutions and found that all have an
online catalog that can be easily
updated with this required notice in
approximately two hours, per data
provided by these schools.
Consequently, we believe that the
provisions of this rule do not pose an
undue administrative burden on
educational institutions. And there
would be no additional burden on VA
because, as stated, SAAs, rather than
VA, are generally responsible for the
approval or disapproval of education
and training programs.
Therefore, VA makes no changes to
the rule based on this comment.
E:\FR\FM\19AUR1.SGM
19AUR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
Program Options
Two commenters expressed concern
that there could be a reduction in the
number of educational program options
available to Veterans because noncompliant educational institutions will
be disapproved by SAAs. While we
understand that if a school is
disapproved, options for Veteran
students will decrease, VA compliance
records show that no educational
institutions have been disapproved due
to a violation of section 3679(e) since
August 1, 2019, when VA began
implementing this law. Moreover, there
is unlikely to be an increase in
disapprovals because schools that are
approved to receive GI Bill benefits
generally receive a percent of their
revenue, which can be substantial, from
VA payments, and therefore, they have
an incentive to comply with the law and
maintain their approval. Thus, we do
not believe that the rule will result in
fewer educational opportunities for
Veterans.
Relatedly, one commenter stated that
SAAs should not automatically
disapprove programs that are noncompliant and suggested alternative
enforcement mechanisms that would
not limit educational opportunities.
Although statutory authority requires
disapproval of schools for failure to
comply with the requirements of section
3679(e)(1), SAAs do not ‘‘automatically’’
disapprove non-compliant programs for
violating section 3679(e)(1). If an SAA
determines that an educational
institution is not in compliance with
this provision, the appropriate
corrective action most often is
suspension of the approval of a course
for new enrollments, in accordance with
38 CFR 21.4259. Under § 21.4259(a), the
SAA gives the educational institution 60
days to come into compliance.
Additionally, section 3679(e)(3) gives
the Secretary discretionary authority to
waive the requirements of section
3679(e)(1). In this final rule, VA is
requiring in § 21.4269(c) that an
educational institution request a waiver
within the same 60-day period, to
ensure that an SAA does not withdraw
approval when waiver may be
warranted. Only if the educational
institution does not come into
compliance or request a waiver within
60 days will the SAA withdraw
approval under section 3679. Further, if
an SAA determines an educational
institution’s non-compliance is due to
reasons outside of the educational
institution’s direct control (e.g., action is
required by the state legislature), the
SAA may recommend that the
educational institution request a waiver
VerDate Sep<11>2014
15:54 Aug 16, 2024
Jkt 262001
from VA. Because disapprovals are not
automatic, as the commenter suggests,
and because they serve as a disincentive
to non-compliance limiting the number
of disapprovals, they are unlikely to
restrict Veterans’ educational training
options.
Accordingly, to ensure that
educational institutions are aware that
they must apply for a waiver within the
60-day period following a determination
of non-compliance, VA is including this
requirement in § 21.4269(c).
Restoration of Entitlement
One commenter expressed concern
regarding the burden students enrolled
in educational institutions that are
disapproved due to non-compliance
under section 3679(e) would have to
bear and suggested restoring entitlement
to educational benefits for these
students. Section 3699 provides VA
with authority to restore entitlement
when an educational institution or
program has closed or has been
disapproved due to a change in law or
VA regulations. Also, the Veterans
Eligible to Transfer School (VETS)
Credit Act, Public Law 117–297, which
modified this provision, made it easier
for students to apply for restoration of
entitlement. Specifically, for any
covered closure or disapproval on or
after December 27, 2022, students do
not need to enroll in a new school prior
to applying for restoration of benefits.
Hence, if a training institution has been
disapproved due to a violation of
section 3679(e), affected students may
not lose their entitlement in certain
circumstances.
VA makes no changes to the rule
based on this comment.
Intent To Use Benefits
One commenter requested that VA
change the term ‘‘request’’ to ‘‘notice’’ in
§ 21.4269(d)(1)(ii), because if a student
submits a ‘‘request’’ to use their GI Bill
benefits at a specific educational
institution instead of a ‘‘notice,’’ the
educational institution may deny the
student’s request. The commenter also
requested that VA create a uniform form
a student can use to inform an
educational institution that they intend
to use their GI Bill benefits. Section
3679(e)(4)(B) states that a student must
‘‘[s]ubmit a written request to use such
entitlement’’ (emphasis added). We are
parroting the statutory language in our
regulation to ensure proper
implementation and avoid
misinterpretations. In any event,
approved educational institutions lack
the authority to deny an eligible
student’s request to use their VA
benefits for a GI Bill approved program
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
66993
as long as the eligible student has
remaining entitlement.
Further, we believe that requiring a
student to use a form developed by VA
would increase their administrative
burden and could make it harder for
them to obtain relief, i.e., schools could
attempt to withhold benefits if a student
does not submit the correct form. VA
disagrees with the commenter and, in
fact, believes it is beneficial for students
to be permitted to use any type of
notification to request use of
entitlement, and not be limited to a
specific Federal Government form when
dealing directly with a non-government
educational institution.
Accordingly, VA makes no changes to
the rule based on this comment.
Expected VA Funding
One commenter asked that VA clarify
why there would be a cost difference
between the amount of funds expected
by an educational institution from VA
and the amount of funds the educational
institution receives. The certificate of
eligibility that VA issues as proof of a
student’s eligibility for educational
benefits includes the number of months
of entitlement but does not contain ‘‘an
itemization of the amount of benefits
allocated to a student for tuition and
fees, housing, and supplies’’ as the
commenter suggested. The amount of
payment is dependent on the program of
education a student is enrolled in, any
statutory caps on certain VA benefits,
and the student beneficiary’s benefit
level. Not all Post-9/11 GI Bill
beneficiaries qualify at the 100% benefit
level, which means that not all
beneficiaries receive full payment. A
school likely would not be able to
calculate the VA payment amount for a
beneficiary who is eligible for benefits at
a percentage less than 100% and, thus,
would not know in advance how much
to expect to receive from VA on behalf
of this beneficiary.
VA makes no changes to the rule
based on this comment.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
E:\FR\FM\19AUR1.SGM
19AUR1
66994
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
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 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). 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 of Veterans Affairs
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. 601–612).
Although this final rule includes
provisions that entail costs to training
institutions, such as the loss of late fees
that institutions are prohibited from
assessing when a student is unable to
meet financial obligations to the
institution, and the cost of publication
of the requirements for submitting
additional information needed for
certifying enrollment, the provisions
merely restate existing provisions of
statute, and thus will have no additional
impact on such small entities.
Therefore, under 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.
ddrumheller on DSK120RN23PROD with RULES1
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 includes a provision
constituting a new collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521). The new collection of
information requires approval by the
Office of Management and Budget
(OMB) and assignment of an OMB
VerDate Sep<11>2014
15:54 Aug 16, 2024
Jkt 262001
Control Number. Accordingly, under 44
U.S.C. 3507(d), VA submitted a copy of
this rulemaking action to OMB for
review and approval. VA received no
comments on the new collection of
information.
An OMB Control Number of 2900–
0925 has been assigned to the new
collection of information associated
with this final rule. Assignment of this
OMB control number is not an approval
to conduct or sponsor an information
collection under the Paperwork
Reduction Act of 1995. In accordance
with 5 CFR 1320, the new collection of
information associated with this
rulemaking is not approved by OMB at
this time. OMB’s approval of the new
collection of information will occur
within 30 days after the final
rulemaking publishes. If OMB does not
approve the new collection of
information as requested, VA will
immediately remove the provision
containing a new collection of
information or take such other action as
is directed by OMB.
The new collection of information
associated with this rulemaking
contained in 38 CFR 21.4269 is
described immediately following this
paragraph, under its respective title.
Title: Publishing of Requirement to
Submit Additional Information
Necessary for Certification of
Enrollment.
OMB Control No: 2900–0925.
CFR Provision: 38 CFR
21.4269(d)(1)(iii).
• Summary of collection of
information: This new collection of
information in § 21.4269(d)(1)(iii) will
require educational institutions to give
notice to enrolled and potential students
of any information in addition to the
information already enumerated in their
catalogs that the educational institution
requires for certification of claimants’
enrollment. The educational institutions
will be required to publish any
additional information, after it is
approved by the SAA, in their online or
print catalogs.
• Description of need for information
and proposed use of information: The
information collected will be used by
VA to facilitate VA’s oversight of
educational institutions and to ensure
their compliance with § 21.4269.
• Description of likely respondents:
Educational institutions.
• Estimated total number of
respondents: 16,084 educational
institutions.
• Estimated frequency of responses:
Once.
• Estimated average burden per
response: Two hours or less.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 32,168
burden hours. Using the annual number
of responses, VA estimates a total
annual reporting and recordkeeping
burden of 32,168 hours for respondents.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $901,025.68 (16,084
respondents per year × 2 hours per
application × $28.01*).
* To estimate the total information
collection burden cost, VA used the
Bureau of Labor Statistics (BLS) median
hourly wage for ‘‘all occupations’’ of
$28.01 per hour. This information is
available at: https://www.bls.gov/oes/
current/oes_nat.htm#13-0000.
Assistance Listing
The Assistance Listing 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, AllVolunteer Force Educational Assistance.
Severability
The purpose of this section is to
clarify the agency’s intent with respect
to the severability of provisions of this
final rule. Each provision that the
agency is promulgating is capable of
operating independently. If any
provision of this rule is determined by
judicial review or operation of law to be
invalid, that partial invalidation will not
render the remainder of this rule
invalid. Likewise, if the application of
any portion of this rule to a particular
circumstance is determined to be
invalid, the agency intends that the rule
remain applicable to all other
circumstances.
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
List of Subjects in 38 CFR Part 21
Administrative practice and
procedure, Armed forces, Claims,
Colleges and universities, Education,
Employment, Reporting and
recordkeeping requirements, Schools,
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 89, No. 160 / Monday, August 19, 2024 / Rules and Regulations
Veterans, Vocational education,
Vocational rehabilitation.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on August 12, 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.
Luvenia Potts,
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 amends 38 CFR part 21 as set
forth below:
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart D—Administration of
Educational Assistance Programs
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
■
2. Add § 21.4269 to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
§ 21.4269
Bar to approval.
(a) Beginning on August 1, 2019, a
State approving agency, or the Secretary
when acting in the role of the State
approving agency, shall disapprove a
program of education provided by an
educational institution that has in effect
a policy that is inconsistent with any of
the following:
(1) A policy that permits any covered
individual to attend or participate in the
program of education during the period
beginning on the date on which the
individual provides to the educational
institution any verifiable and
authoritative VA document
demonstrating entitlement to
educational assistance under 38 U.S.C.
chapter 31, chapter 33, or chapter 35
(such as a decision or notice of decision
on entitlement, letter from VA, updated
award letter from VA, or print-out of
eligibility (statement of benefits) from a
web-based VA system or beneficiary
portal to include verification through
VA’s secure information technology
system in accordance with 38 U.S.C.
3699A if an individual has provided
VerDate Sep<11>2014
15:54 Aug 16, 2024
Jkt 262001
authorization to obtain remaining
entitlement information), and ending on
the earlier of the following dates:
(i) The date on which payment from
VA is made to the institution.
(ii) The date that is 90 days after the
date on which the educational
institution certifies tuition and fees
following receipt of the verifiable and
authoritative VA document proving
entitlement to educational assistance
under 38 U.S.C. chapter 31, chapter 33,
or chapter 35.
(2) A policy that ensures an
educational institution will not impose
any penalty, including the assessment of
late fees, the denial of access to classes,
libraries, or other institutional facilities,
or the requirement that a covered
individual borrow additional funds, on
any covered individual because of the
individual’s inability to meet his or her
financial obligations to the institution
due to the delayed disbursement of a
payment to be provided by VA under 38
U.S.C. chapter 31, chapter 33, or chapter
35.
(b) For purposes of this section, a
covered individual is any individual
who is entitled to educational assistance
under 38 U.S.C. chapter 31, chapter 33,
or chapter 35.
(c) The Secretary (or designee) may
waive such requirements of paragraph
(a) of this section as the Secretary (or
designee) considers appropriate. An
educational institution must apply for a
waiver within 60 days of the SAA
determination that an educational
institution is not in compliance with
paragraph (a).
(d) It shall not be inconsistent with a
policy described in paragraph (a) of this
section for an educational institution:
(1) To require a covered individual to
take the following additional actions:
(i) Submit any verifiable and
authoritative VA document to prove
entitlement to educational assistance
under 38 U.S.C. chapter 31, chapter 33,
or chapter 35 (as described in paragraph
(a)(1)) not later than the first day of a
program of education for which the
individual has indicated the individual
wishes to use the individual’s
entitlement to educational assistance.
(ii) Submit a written request to use
such entitlement.
(iii) Provide additional information
necessary to the proper certification of
enrollment by the educational
institution. If an educational institution
intends to require additional
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
66995
information necessary for proper
certification of enrollment, any such
requirement must be included in the
school’s published catalog and also
must be approved by the State
approving agency, or the Secretary
when acting in the role of the State
approving agency, as being necessary for
proper certification and not overly
burdensome to submit.
(2) In a case in which a covered
individual is unable to meet a financial
obligation to an educational institution
due to the delayed disbursement of a
payment to be provided by VA under 38
U.S.C. chapter 31, chapter 33, or chapter
35 and the amount of such
disbursement is less than the
educational institution anticipated, to
require additional payment of or impose
a fee for the amount that is the
difference between the amount of the
financial obligation and the amount of
the disbursement.
(i) Such additional payment may
include the amount of a financial
obligation associated with charges for
which VA does not pay benefits (e.g.,
room and board, any portion of tuition
for which a claimant does not qualify).
(ii) An educational institution may
utilize its standard debt collection
policies for these amounts, including
the assessment of late fees.
(Authority: 38 U.S.C. 3679(e))
[FR Doc. 2024–18345 Filed 8–16–24; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0438, FRL–11366–
02–R10]
Air Plan Approval; OR; Permitting Rule
Revisions
Correction
In Rule Document 2024–15748,
appearing on pages 59610–59620, in the
issue of Tuesday, July 23, 2024, make
the following correction:
Beginning on page 59614, section
52.1970, Table 2 should read as follows:
§ 52.1970 Identification of plan
[Corrected].
*
*
*
(c) * * *
E:\FR\FM\19AUR1.SGM
19AUR1
*
*
Agencies
[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Rules and Regulations]
[Pages 66991-66995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18345]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AQ99
Bar to Approval
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations that govern VA's administration of educational assistance
programs to implement a provision of the Veterans Benefits and
Transition Act of 2018, which requires a State Approving Agency (SAA),
or the Secretary of Veterans Affairs (when acting as the SAA), to
disapprove programs of education provided by educational institutions
that do not permit individuals using benefits under certain VA
educational assistance programs to attend or participate in courses
while awaiting payment from VA or that impose a penalty on an
individual for failure to meet financial obligations due to a delayed
VA payment. VA is also implementing a provision that allows educational
institutions to require a claimant using educational benefits to submit
certain documents and to pay certain fees or charges if VA delays
payment and ultimately pays less than what an educational institution
anticipated receiving.
DATES:
Effective date: This rule is effective September 18, 2024.
Applicability date: The provisions of this final rule shall apply
to all terms that began on or after August 1, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Alphonso, Assistant Director,
Policy and Procedures, Education Service, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461-9800.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On February 27, 2023, VA published a
proposed rule in the Federal Register at 88 FR 12293 to amend its
regulations to require an SAA, or the Secretary of Veterans Affairs
when acting as an SAA, to disapprove programs of education that do not
permit individuals using benefits under either Chapter 31 or Chapter 33
to attend or participate in courses while awaiting payment from VA, and
to implement other provisions of the Veterans Benefits and Transition
Act of 2018, Public Law 115-407. The 60-day comment period ended on
April 28, 2023.
VA received comments from five commenters in response to the
proposed
[[Page 66992]]
rule. While all commenters expressed some support for this rule, some
requested additional information about its provisions or about
implementation procedures. Further, some commenters stated that the
rulemaking may have adverse effects on stakeholders. The comments are
addressed below. In addition, we have included an applicability date in
this final rule to conform to 38 U.S.C. 3679(e)(1) and to make clear
that we have been applying, and will continue to apply, the statutory
requirements reflected in this rule to all terms that began on or after
August 1, 2019, and we have also included a technical edit in new 38
CFR 21.4269(d)(1)(i).
Changes to Section 103
One commenter requested that VA clarify changes it is making to
section 103 of Public Law 115-407. As we stated in the proposed rule,
section 103 added subsection (e) to 38 U.S.C. 3679, among other things,
to require an SAA, or VA when acting as an SAA, to disapprove programs
of education that do not permit individuals using Chapter 31 or Chapter
33 benefits to attend or participate in courses while awaiting payment
from VA, a requirement not previously in the law. The commenter appears
to be conflating public laws enacted by Congress and regulations
promulgated by agencies such as VA. This rulemaking implements section
103 at 38 CFR 21.4269; VA is not making any changes to section 103 of
Public Law 115-407 because VA has no authority to change laws.
VA makes no changes to the rule based on this comment.
Release of Financial Aid Funds
One commenter requested clarification regarding the release of a
student's financial aid funds while the educational institution awaits
tuition and fees payments from VA. Section 3679(e)(1)(B) provides that
educational institutions are prohibited from employing policies
requiring students to borrow additional funds to pay tuition and fees
so the institutions are paid in advance of VA benefit payments while
the institutions await VA payments. As the commenter noted, the law
does not address educational institutions' obligations with regard to
the release of financial aid funds. The use of Federal student
financial aid is administered by the Department of Education (ED).
Therefore, ED would be in the best position to answer questions
concerning the use and release of financial aid funds.
VA makes no changes to the rule based on this comment.
Chapter 35 Beneficiary
One commenter requested additional clarification regarding the
application of this rulemaking to Chapter 35 recipients. Section
3679(e), as added by section 103 of Public Law 115-407, requires
schools to maintain certain policies applicable only to Chapter 31 and
33 beneficiaries. Effective November 30, 2021 (applicable to academic
periods beginning August 1, 2022), Public Law 117-68 revised section
3679(e) to require schools to maintain the policies with regard to
Chapter 35 beneficiaries as well. VA does not pay tuition and fees to
schools under Chapter 35, but instead pays a statutory flat rate
directly to Chapter 35 beneficiaries. 38 U.S.C. 3532. Consequently,
schools do not need to certify Chapter 35 tuition and fee payments, and
students do not need to demonstrate to the school entitlement to
Chapter 35 benefits. Thus, regardless of the statutory revision, there
are no school policies about restricting Chapter 35 program
participation or imposing a penalty for delayed VA payment of Chapter
35 benefits that would be relevant to Chapter 35 beneficiaries.
Nonetheless, in light of the statutory revision, we understand the
commenter's confusion. Accordingly, to make it clear that the
regulatory requirement would in theory apply to Chapter 35
beneficiaries, and for consistency with the authorizing statute, we are
adding ``chapter 35'' in the final rule where applicable.
Enrollment Manager for Eligibility Verification
One commenter requested additional clarification regarding the
definition of ``certificate of eligibility,'' specifically with regard
to the newly released VA system Enrollment Manager (EM), a modernized
platform used by school certifying officials (SCO), and its role in
certifying student enrollments and verifying a students' eligibility
for VA education benefits. As we explained in the proposed rule, we
interpret section 3679(e)'s reference to ``certificate of eligibility''
as not referring to a specific VA document that could serve as
eligibility documentation but, rather, as referring to any
authoritative documentation provided by VA that serves to verify
eligibility under Chapter 31 or 33. While EM allows SCOs to access a
Chapter 33 student's entitlement information, such access is limited. A
student's information is only accessible through EM if the student has
allowed such access. Per 38 U.S.C. 3699A(b), a student may elect not to
provide their entitlement information to a school through EM.
Furthermore, the EM platform does not provide entitlement information
for Chapter 31 student beneficiaries. Nonetheless, an SCO's use of EM
to verify a student's remaining Chapter 33 benefits is an acceptable
form of authoritative documentation for Chapter 33 beneficiaries who
have not exercised their right under section 3699A(b) to block the
sharing of their information with schools. Thus, we have clarified its
acceptability in the final rule at Sec. 21.4269(a)(1).
Administrative Burdens
One commenter described the many benefits of the new rule but
expressed a number of concerns, including a potential increase in the
administrative burden on both educational institutions and VA. The
commenter stated that educational institutions may be required to
change or update their policies and that VA would require more funding
to ensure educational institutions' compliance with the rule. VA does
not believe that there will be increased administrative burdens
associated with this rule. SAAs are generally responsible for the
approval or disapproval of education and training programs in their
respective states. According to VA's internal compliance records,
implementation of section 3679(e) has not created an additional
administrative burden on SAAs. Since August 1, 2019, the date VA began
implementing the statutory provision, no educational institution has
been disapproved due to a violation of section 3679(e), and additional
Federal funds have not been required to enforce this provision.
Also, while educational institutions are required to provide notice
to enrolled and prospective students of any information required for
certification of students' enrollment in addition to the information
enumerated in their online or print catalogs, VA surveyed multiple
educational institutions and found that all have an online catalog that
can be easily updated with this required notice in approximately two
hours, per data provided by these schools. Consequently, we believe
that the provisions of this rule do not pose an undue administrative
burden on educational institutions. And there would be no additional
burden on VA because, as stated, SAAs, rather than VA, are generally
responsible for the approval or disapproval of education and training
programs.
Therefore, VA makes no changes to the rule based on this comment.
[[Page 66993]]
Program Options
Two commenters expressed concern that there could be a reduction in
the number of educational program options available to Veterans because
non-compliant educational institutions will be disapproved by SAAs.
While we understand that if a school is disapproved, options for
Veteran students will decrease, VA compliance records show that no
educational institutions have been disapproved due to a violation of
section 3679(e) since August 1, 2019, when VA began implementing this
law. Moreover, there is unlikely to be an increase in disapprovals
because schools that are approved to receive GI Bill benefits generally
receive a percent of their revenue, which can be substantial, from VA
payments, and therefore, they have an incentive to comply with the law
and maintain their approval. Thus, we do not believe that the rule will
result in fewer educational opportunities for Veterans.
Relatedly, one commenter stated that SAAs should not automatically
disapprove programs that are non-compliant and suggested alternative
enforcement mechanisms that would not limit educational opportunities.
Although statutory authority requires disapproval of schools for
failure to comply with the requirements of section 3679(e)(1), SAAs do
not ``automatically'' disapprove non-compliant programs for violating
section 3679(e)(1). If an SAA determines that an educational
institution is not in compliance with this provision, the appropriate
corrective action most often is suspension of the approval of a course
for new enrollments, in accordance with 38 CFR 21.4259. Under Sec.
21.4259(a), the SAA gives the educational institution 60 days to come
into compliance. Additionally, section 3679(e)(3) gives the Secretary
discretionary authority to waive the requirements of section
3679(e)(1). In this final rule, VA is requiring in Sec. 21.4269(c)
that an educational institution request a waiver within the same 60-day
period, to ensure that an SAA does not withdraw approval when waiver
may be warranted. Only if the educational institution does not come
into compliance or request a waiver within 60 days will the SAA
withdraw approval under section 3679. Further, if an SAA determines an
educational institution's non-compliance is due to reasons outside of
the educational institution's direct control (e.g., action is required
by the state legislature), the SAA may recommend that the educational
institution request a waiver from VA. Because disapprovals are not
automatic, as the commenter suggests, and because they serve as a
disincentive to non-compliance limiting the number of disapprovals,
they are unlikely to restrict Veterans' educational training options.
Accordingly, to ensure that educational institutions are aware that
they must apply for a waiver within the 60-day period following a
determination of non-compliance, VA is including this requirement in
Sec. 21.4269(c).
Restoration of Entitlement
One commenter expressed concern regarding the burden students
enrolled in educational institutions that are disapproved due to non-
compliance under section 3679(e) would have to bear and suggested
restoring entitlement to educational benefits for these students.
Section 3699 provides VA with authority to restore entitlement when an
educational institution or program has closed or has been disapproved
due to a change in law or VA regulations. Also, the Veterans Eligible
to Transfer School (VETS) Credit Act, Public Law 117-297, which
modified this provision, made it easier for students to apply for
restoration of entitlement. Specifically, for any covered closure or
disapproval on or after December 27, 2022, students do not need to
enroll in a new school prior to applying for restoration of benefits.
Hence, if a training institution has been disapproved due to a
violation of section 3679(e), affected students may not lose their
entitlement in certain circumstances.
VA makes no changes to the rule based on this comment.
Intent To Use Benefits
One commenter requested that VA change the term ``request'' to
``notice'' in Sec. 21.4269(d)(1)(ii), because if a student submits a
``request'' to use their GI Bill benefits at a specific educational
institution instead of a ``notice,'' the educational institution may
deny the student's request. The commenter also requested that VA create
a uniform form a student can use to inform an educational institution
that they intend to use their GI Bill benefits. Section 3679(e)(4)(B)
states that a student must ``[s]ubmit a written request to use such
entitlement'' (emphasis added). We are parroting the statutory language
in our regulation to ensure proper implementation and avoid
misinterpretations. In any event, approved educational institutions
lack the authority to deny an eligible student's request to use their
VA benefits for a GI Bill approved program as long as the eligible
student has remaining entitlement.
Further, we believe that requiring a student to use a form
developed by VA would increase their administrative burden and could
make it harder for them to obtain relief, i.e., schools could attempt
to withhold benefits if a student does not submit the correct form. VA
disagrees with the commenter and, in fact, believes it is beneficial
for students to be permitted to use any type of notification to request
use of entitlement, and not be limited to a specific Federal Government
form when dealing directly with a non-government educational
institution.
Accordingly, VA makes no changes to the rule based on this comment.
Expected VA Funding
One commenter asked that VA clarify why there would be a cost
difference between the amount of funds expected by an educational
institution from VA and the amount of funds the educational institution
receives. The certificate of eligibility that VA issues as proof of a
student's eligibility for educational benefits includes the number of
months of entitlement but does not contain ``an itemization of the
amount of benefits allocated to a student for tuition and fees,
housing, and supplies'' as the commenter suggested. The amount of
payment is dependent on the program of education a student is enrolled
in, any statutory caps on certain VA benefits, and the student
beneficiary's benefit level. Not all Post-9/11 GI Bill beneficiaries
qualify at the 100% benefit level, which means that not all
beneficiaries receive full payment. A school likely would not be able
to calculate the VA payment amount for a beneficiary who is eligible
for benefits at a percentage less than 100% and, thus, would not know
in advance how much to expect to receive from VA on behalf of this
beneficiary.
VA makes no changes to the rule based on this comment.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and
[[Page 66994]]
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 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). 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 of Veterans Affairs 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. 601-612). Although this final rule includes
provisions that entail costs to training institutions, such as the loss
of late fees that institutions are prohibited from assessing when a
student is unable to meet financial obligations to the institution, and
the cost of publication of the requirements for submitting additional
information needed for certifying enrollment, the provisions merely
restate existing provisions of statute, and thus will have no
additional impact on such small entities. Therefore, under 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule includes a provision constituting a new collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521). The new collection of information requires approval by the
Office of Management and Budget (OMB) and assignment of an OMB Control
Number. Accordingly, under 44 U.S.C. 3507(d), VA submitted a copy of
this rulemaking action to OMB for review and approval. VA received no
comments on the new collection of information.
An OMB Control Number of 2900-0925 has been assigned to the new
collection of information associated with this final rule. Assignment
of this OMB control number is not an approval to conduct or sponsor an
information collection under the Paperwork Reduction Act of 1995. In
accordance with 5 CFR 1320, the new collection of information
associated with this rulemaking is not approved by OMB at this time.
OMB's approval of the new collection of information will occur within
30 days after the final rulemaking publishes. If OMB does not approve
the new collection of information as requested, VA will immediately
remove the provision containing a new collection of information or take
such other action as is directed by OMB.
The new collection of information associated with this rulemaking
contained in 38 CFR 21.4269 is described immediately following this
paragraph, under its respective title.
Title: Publishing of Requirement to Submit Additional Information
Necessary for Certification of Enrollment.
OMB Control No: 2900-0925.
CFR Provision: 38 CFR 21.4269(d)(1)(iii).
Summary of collection of information: This new collection
of information in Sec. 21.4269(d)(1)(iii) will require educational
institutions to give notice to enrolled and potential students of any
information in addition to the information already enumerated in their
catalogs that the educational institution requires for certification of
claimants' enrollment. The educational institutions will be required to
publish any additional information, after it is approved by the SAA, in
their online or print catalogs.
Description of need for information and proposed use of
information: The information collected will be used by VA to facilitate
VA's oversight of educational institutions and to ensure their
compliance with Sec. 21.4269.
Description of likely respondents: Educational
institutions.
Estimated total number of respondents: 16,084 educational
institutions.
Estimated frequency of responses: Once.
Estimated average burden per response: Two hours or less.
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
32,168 burden hours. Using the annual number of responses, VA estimates
a total annual reporting and recordkeeping burden of 32,168 hours for
respondents.
Estimated cost to respondents per year: VA estimates the
annual cost to respondents to be $901,025.68 (16,084 respondents per
year x 2 hours per application x $28.01*).
* To estimate the total information collection burden cost, VA used
the Bureau of Labor Statistics (BLS) median hourly wage for ``all
occupations'' of $28.01 per hour. This information is available at:
https://www.bls.gov/oes/current/oes_nat.htm#13-0000.
Assistance Listing
The Assistance Listing 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.
Severability
The purpose of this section is to clarify the agency's intent with
respect to the severability of provisions of this final rule. Each
provision that the agency is promulgating is capable of operating
independently. If any provision of this rule is determined by judicial
review or operation of law to be invalid, that partial invalidation
will not render the remainder of this rule invalid. Likewise, if the
application of any portion of this rule to a particular circumstance is
determined to be invalid, the agency intends that the rule remain
applicable to all other circumstances.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Claims,
Colleges and universities, Education, Employment, Reporting and
recordkeeping requirements, Schools,
[[Page 66995]]
Veterans, Vocational education, Vocational rehabilitation.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on August 12, 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.
Luvenia Potts,
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 amends 38 CFR part 21 as set forth below:
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. Add Sec. 21.4269 to read as follows:
Sec. 21.4269 Bar to approval.
(a) Beginning on August 1, 2019, a State approving agency, or the
Secretary when acting in the role of the State approving agency, shall
disapprove a program of education provided by an educational
institution that has in effect a policy that is inconsistent with any
of the following:
(1) A policy that permits any covered individual to attend or
participate in the program of education during the period beginning on
the date on which the individual provides to the educational
institution any verifiable and authoritative VA document demonstrating
entitlement to educational assistance under 38 U.S.C. chapter 31,
chapter 33, or chapter 35 (such as a decision or notice of decision on
entitlement, letter from VA, updated award letter from VA, or print-out
of eligibility (statement of benefits) from a web-based VA system or
beneficiary portal to include verification through VA's secure
information technology system in accordance with 38 U.S.C. 3699A if an
individual has provided authorization to obtain remaining entitlement
information), and ending on the earlier of the following dates:
(i) The date on which payment from VA is made to the institution.
(ii) The date that is 90 days after the date on which the
educational institution certifies tuition and fees following receipt of
the verifiable and authoritative VA document proving entitlement to
educational assistance under 38 U.S.C. chapter 31, chapter 33, or
chapter 35.
(2) A policy that ensures an educational institution will not
impose any penalty, including the assessment of late fees, the denial
of access to classes, libraries, or other institutional facilities, or
the requirement that a covered individual borrow additional funds, on
any covered individual because of the individual's inability to meet
his or her financial obligations to the institution due to the delayed
disbursement of a payment to be provided by VA under 38 U.S.C. chapter
31, chapter 33, or chapter 35.
(b) For purposes of this section, a covered individual is any
individual who is entitled to educational assistance under 38 U.S.C.
chapter 31, chapter 33, or chapter 35.
(c) The Secretary (or designee) may waive such requirements of
paragraph (a) of this section as the Secretary (or designee) considers
appropriate. An educational institution must apply for a waiver within
60 days of the SAA determination that an educational institution is not
in compliance with paragraph (a).
(d) It shall not be inconsistent with a policy described in
paragraph (a) of this section for an educational institution:
(1) To require a covered individual to take the following
additional actions:
(i) Submit any verifiable and authoritative VA document to prove
entitlement to educational assistance under 38 U.S.C. chapter 31,
chapter 33, or chapter 35 (as described in paragraph (a)(1)) not later
than the first day of a program of education for which the individual
has indicated the individual wishes to use the individual's entitlement
to educational assistance.
(ii) Submit a written request to use such entitlement.
(iii) Provide additional information necessary to the proper
certification of enrollment by the educational institution. If an
educational institution intends to require additional information
necessary for proper certification of enrollment, any such requirement
must be included in the school's published catalog and also must be
approved by the State approving agency, or the Secretary when acting in
the role of the State approving agency, as being necessary for proper
certification and not overly burdensome to submit.
(2) In a case in which a covered individual is unable to meet a
financial obligation to an educational institution due to the delayed
disbursement of a payment to be provided by VA under 38 U.S.C. chapter
31, chapter 33, or chapter 35 and the amount of such disbursement is
less than the educational institution anticipated, to require
additional payment of or impose a fee for the amount that is the
difference between the amount of the financial obligation and the
amount of the disbursement.
(i) Such additional payment may include the amount of a financial
obligation associated with charges for which VA does not pay benefits
(e.g., room and board, any portion of tuition for which a claimant does
not qualify).
(ii) An educational institution may utilize its standard debt
collection policies for these amounts, including the assessment of late
fees.
(Authority: 38 U.S.C. 3679(e))
[FR Doc. 2024-18345 Filed 8-16-24; 8:45 am]
BILLING CODE 8320-01-P