[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Proposed Rules]
[Pages 1303-1305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-437]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI45


Survivors and Dependents Education: Extension of Eligibility 
Period

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the educational assistance and 
educational benefit regulations of the Department of Veterans Affairs 
(VA). It restores provisions that govern the extension of the period 
eligible spouses and surviving spouses have to use Survivors' and 
Dependents' Educational Assistance (DEA). These provisions previously 
were removed by error. Also, this document requests Paperwork Reduction 
Act comments concerning the requirement that a spouse or surviving 
spouse must apply for the extension.

DATES: Comments must be received on or before March 10, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should 
indicate that they are submitted in response to ``RIN 2900-AI45''. All 
written comments will be available for public inspection in the Office 
of Regulations Management, Room 1158, between the hours of 8:00 a.m. 
and 4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration, 202-273-7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on May 24, 1996 (61 FR 26107), VA published a final rule 
removing many regulatory provisions. As explained in that document, 
many of the provisions were removed because they contained 
``sunsetted'' provisions authorized by the Vietnam Era GI Bill. No 
benefits can be paid under the Vietnam Era GI Bill for training that 
occurred after December 31, 1989.
    Among those provisions that were removed was Sec. 21.1043. This 
section provided that if a veteran training under the Vietnam Era GI 
Bill could not complete a program of education within the ten-year 
period due to a physical or mental disability that is not the result of 
willful misconduct, that period (the delimiting period) could be 
extended.
    A similar extension is authorized by statute for eligible spouses 
and surviving spouses under DEA. Unfortunately, by removing 
Sec. 21.1043, VA inadvertently removed the provisions that governed 
whether such a spouse or surviving spouse could receive an extension of 
the delimiting period, since Sec. 21.3046(e) states that the provisions 
of Sec. 21.1043 are to be used to determine whether the extension 
should be granted.
    To correct this error, VA would restate the provisions of the 
former Sec. 21.1043 in the appropriate places in part 21, subpart C, 
since that subpart governs DEA claims. The definition formerly 
contained in Sec. 21.1043 would be restated in Sec. 21.3021. The 
remainder of Sec. 21.1043 would be restated in a new section, 
Sec. 21.3047. References would be updated and some minor changes would 
be made for clarification. There would be no substantive changes.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), 
the provisions of the proposed 38 CFR 21.3047 would include a 
collection of information. Accordingly, as required by the Act at 
section 3507(d), VA has submitted a copy of this rulemaking action to 
the Office of Management and Budget (OMB) for its review of the 
collection of information.
    OMB assigns a control number for each collection 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.
    Comments on the proposed collection of information should be 
submitted to the Office of Management and Budget, Attention: Desk 
Officer for the Department of Veterans Affairs, Office of Information 
and Regulatory Affairs, Washington, DC 20503, with copies mailed or 
hand-delivered to: Director, Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154, 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``RIN 2900-AI45''.
    Title: Application for an Extension of Eligibility Period under 
Survivors' and Dependents' Educational Assistance.
    Summary of collection of information: The collection of information 
in the proposed Sec. 21.3047 implements a statutory provision that 
requires that an individual who wishes to receive a benefit must apply 
for it.
    Description of need for information and proposed use of 
information: A spouse or surviving spouse under DEA may qualify for an 
extension of her or his eligibility period if training during that 
period was medically infeasible. VA needs an application for this 
extension in order to learn who wants the extension. VA may need 
medical evidence in order to determine if training was medically 
infeasible and to determine the time when training became medically 
feasible.
    Description of likely respondents: Eligible spouses and surviving 
spouses who would like an extension of the delimiting period under DEA.
    Estimated number of respondents: 100.
    Estimated frequency of responses: Once.
    Estimated total annual reporting and recordkeeping burden: 100 
hours of reporting burden. VA does not believe that there will be an 
additional recordkeeping burden.
    Estimated average burden per collection: 60 minutes.
    The Department considers comments by the public on proposed 
collections of information in--
    <bullet> Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
    <bullet> Evaluating the accuracy of the Department's estimate of 
the burden of

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the proposed collections of information, including the validity of the 
methodology and assumptions used;
    <bullet> Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    <bullet> Minimizing the burden of the collections of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the proposed 
collection of information contained in this proposed rule between 30 
and 60 days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment on the proposed regulations.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this 
proposed rule, if promulgated, 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. This proposed rule 
affects only individuals. Pursuant to 5 U.S.C. 605(b), this proposed 
rule, therefore, is exempt from the initial and final regulatory 
flexibility analysis requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for the 
program affected by this proposed rule is 64.117.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Education, 
Employment, Grant programs-education, Grant programs-veterans, Health 
care, Loan programs-education, Loan programs-veterans, Manpower 
training programs, Reporting and recordkeeping requirements, Schools, 
Travel and transportation expenses, Veterans, Vocational education, 
Vocational rehabilitation.

    Approved: December 9, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, 38 CFR part 21 (subparts 
C and F) is proposed to be amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart C--Survivors' and Dependents' Educational Assistance Under 
38 U.S.C. Chapter 35

    1. The authority citation for subpart C continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), 512, 3500-3566.
    2. In Sec. 21.3021, paragraph (l) is redesignated as paragraph (m); 
and new paragraph (l) is added, to read as follows:


Sec. 21.3021  Definitions.

* * * * *
    (l) Disabling effects of chronic alcoholism. (1) The term disabling 
effects of chronic alcoholism means alcohol-induced physical or mental 
disorders or both, such as habitual intoxication, withdrawal, delirium, 
amnesia, dementia, and other like manifestations of chronic alcoholism 
which in the particular case:
    (i) Have been medically diagnosed as manifestations of alcohol 
dependency or chronic alcohol abuse; and
    (ii) Are determined to have prevented commencement or completion of 
the affected individual's chosen program of education.
    (2) A diagnosis of alcoholism, chronic alcoholism, alcohol-
dependency, chronic alcohol abuse, etc., in and of itself, does not 
satisfy the definition of this term.
    (3) Injury sustained by an eligible spouse or surviving spouse as a 
proximate and immediate result of activity undertaken by the eligible 
spouse or surviving spouse while physically or mentally unqualified to 
do so due to alcoholic intoxication is not considered a disabling 
effect of chronic alcoholism.

(Authority: 38 U.S.C. 105, 3512(b))
* * * * *


Sec. 21.3046  [Amended]

    3. In Sec. 21.3046, paragraph (e) is removed.
    4. Section 21.3047 is added, to read as follows:


Sec. 21.3047  Extended period of eligibility due to physical or mental 
disability.

    (a) General. (1) An eligible spouse or surviving spouse shall be 
granted an extension of the applicable period of eligibility as 
otherwise determined by Sec. 21.3046 provided the eligible spouse or 
surviving spouse:
    (i) Applies for the extension within the appropriate time limit;
    (ii) Was prevented from initiating or completing the chosen program 
of education within the otherwise applicable period of eligibility 
because of a physical or mental disability that did not result from the 
willful misconduct of the eligible spouse or surviving spouse;
    (iii) Provides VA with any requested evidence tending to show that 
the requirement of paragraph (a)(1)(ii) of this section has been met; 
and
    (iv) Is otherwise eligible for payment of educational assistance 
for the training pursuant to 38 U.S.C. chapter 35.
    (2) In determining whether the eligible spouse or surviving spouse 
was prevented from initiating or completing the chosen program of 
education because of a physical or mental disability, VA will consider 
the following:
    (i) It must be clearly established by medical evidence that such a 
program of education was medically infeasible.
    (ii) An eligible spouse or surviving spouse who is disabled for a 
period of 30 days or less will not be considered as having been 
prevented from initiating or completing a chosen program, unless the 
evidence establishes that the eligible spouse or surviving spouse was 
prevented from enrolling or reenrolling in the chosen program of 
education or was forced to discontinue attendance, because of the short 
disability.
    (iii) VA will not consider the disabling effects of chronic 
alcoholism to be the result of willful misconduct and will consider 
those disabling effects as physical or mental disabilities.
    (b) Commencing date. The eligible spouse or surviving spouse shall 
elect the commencing date of an extended period of eligibility. The 
date chosen--
    (1) Must be on or after the original date of expiration of 
eligibility as determined by Sec. 21.3046(c); and
    (2) Must be on or before the 90th day following the date on which 
the eligible spouse's or surviving spouse's application for an 
extension was approved by VA, if the eligible spouse or surviving 
spouse is training during the extended period of eligibility in a 
course not organized on a term, quarter, or semester basis; or
    (3) Must be on or before the first ordinary term, quarter, or 
semester following the 90th day after the eligible spouse's or 
surviving spouse's application for an extension was approved by VA if 
the eligible spouse or surviving spouse is training during the extended 
period of eligibility in a course organized on a term, quarter, or 
semester basis.

(Authority: 38 U.S.C. 3512(b))

    (c) Length of extended periods of eligibility. An eligible spouse's 
or

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surviving spouse's extended period of eligibility shall be for the 
length of time that the individual was prevented from initiating or 
completing his or her chosen program of education. This shall be 
determined as follows:
    (1) If the eligible spouse or surviving spouse is in training in a 
course organized on a term, quarter, or semester basis, his or her 
extended period of eligibility shall contain the same number of days as 
the number of days from the date during the eligible spouse's or 
surviving spouse's original period of eligibility that his or her 
training became medically infeasible to the earliest of the following 
dates:
    (i) The commencing date of the ordinary term, quarter, or semester 
following the day the eligible spouse's or surviving spouse's training 
became medically feasible;
    (ii) The ending date of the eligible spouse's or surviving spouse's 
period of eligibility as determined by Sec. 21.3046(c); or
    (iii) The date the eligible spouse or surviving spouse resumed 
training.
    (2) If the eligible spouse or surviving spouse is training in a 
course not organized on a term, quarter, or semester basis, his or her 
extended period of eligibility shall contain the same number of days 
from the date during the eligible spouse's or surviving spouse's 
original period of eligibility that his or her training became 
medically infeasible to the earlier of the following dates:
    (i) The date the eligible spouse's or surviving spouse's training 
became medically feasible; or
    (ii) The ending date of the eligible spouse's or surviving spouse's 
period of eligibility as determined by Sec. 21.3046.

(Authority: 38 U.S.C. 3512(b))

Subpart F--Education Loans

    5. The authority citation for subpart F continues to read as 
follows:

    Authority: 38 U.S.C. 501, 3537, 3698, 3699.


Sec. 21.4501  [Amended]

    6. In Sec. 21.4501, paragraphs (b)(1), (b)(2)(iv), (b)(2)(v)(A), 
(b)(2)(v)(B), (c)(1), and (c)(3) are each amended by removing ``(d)'' 
and adding, in its place, ``(d), or Sec. 21.3047''.

[FR Doc. 97-437 Filed 1-8-97; 8:45 am]
BILLING CODE 8320-01-P