Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Proposed Rules 25877

all qualified proposals in accordance

with the evaluation criteria and values

set forth in this part. Evaluation panels

will consist of NIST employees and in

some cases other federal employees or

non-federal experts who sign nondisclosure agreements. A site visit may

be required to make full evaluation of a

proposal. From the qualified proposals,

a group of finalists will be numerically

ranked and recommended for award

based on this review.

(c) Award determination. The Director

of the NIST, or her/his designee, shall

select awardees based on total

evaluation scores, geographic

distribution, and the availability of

funds. All three factors will be

considered in making an award. Upon

the final award decision, a notification

will be made to each of the proposing

organizations.

§ 292.6 Additional requirements.

Federal policies and procedures.

Recipients and subrecipients are subject

to all Federal laws and Federal and

Department of Commerce policies,

regulations, and procedures applicable

to Federal financial assistance awards.

[FR Doc. 95–11701 Filed 5–12–95; 8:45 am]

BILLING CODE 3510–13–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH18

Eligibility Reporting Requirements

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: The Department of Veterans

Affairs (VA) is proposing to amend its

adjudication regulations regarding

eligibility verification reports (EVRs) for

income-based benefits. This amendment

implements recent legislation which

eliminated the mandatory requirement

for submission of EVRs on an annual

basis from recipients of pension or

parents’ dependency and indemnity

compensation (DIC) and gives VA

discretionary authority to require such

reports where necessary to determine

eligibility. This amendment is necessary

to set forth the guidelines that the

Secretary will use in exercising this

discretionary authority.

DATES: Comments must be received on

or before July 14, 1995.

ADDRESSES: Mail written comments to:

Director, Office of Regulations

Management (02D), Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, or handdeliver written comments to: Office of

Regulations Management, Room 1176,

801 Eye Street, NW, Washington, DC

20001. Comments should indicate that

they are in response to ‘‘RIN 2900–

AH18.’’ All written comments received

will be available for public inspection in

the Office of Regulations Management,

Room 1176, 801 Eye Street, NW,

Washington, DC 20001, between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: The term

‘‘eligibility verification report’’ means a

VA form which requests information

needed to determine or verify eligibility

for VA’s income-based benefit programs

(pension and parents’ DIC). A series of

forms, rather than one universal form, is

used because specific entitlement

factors vary depending on the benefit

involved and the status of the

beneficiary. However, all EVR forms

request income and marital status

information and have a similar format.

Until recently VA was required by

law (38 U.S.C. 1315(e) and 38 U.S.C.

1506(2)) to secure a completed EVR at

least once a year from every pension

beneficiary and every parents’ DIC

beneficiary under the age of 72. Public

Law 103–271, the Board of Veterans’

Appeals Administrative Procedures

Improvement Act of 1994, amended 38

U.S.C. 1315 and 1506 to give the

Secretary of Veterans Affairs

discretionary authority to require

submission of income and resource

reports by recipients of income-based

benefits. These implementing regulatory

amendments outline the manner in

which the secretary will exercise this

discretionary authority each year to

determine which claimants and

beneficiaries must complete an EVR.

The proposed rule would require an

EVR in three instances. First, VA will

require submission of an EVR by any

beneficiary whose Social Security

number, or whose spouse’s Social

Security number, has not been verified

by the Social Security Administration

(SSA). VA conducts periodic computer

matches with SSA. These matches

permit VA to verify the information

upon which payment of VA benefits is

based. However, these matches cannot

be conducted unless VA records contain

accurate Social Security numbers for the

beneficiary and, if applicable, his or her

spouse. A Social Security number is

considered to be verified when the

identifying information associated with

that number in VA records (e.g., name,

date of birth, sex) matches identifying

information associated with the number

in SSA records. SSA verifies the Social

Security numbers of VA beneficiaries

and spouses twice each year.

VA is required by 38 U.S.C. 5312 to

increase current pension and parents’

DIC rates by the same percentage and on

the same date as the Social Security

COLA, and for that reason we

automatically update Social Security

income information in our records at the

time of a Social Security COLA. VA

then receives a computer extract from

SSA showing the actual Social Security

income which beneficiaries will receive

based upon the new COLA and

reconciles any differences between data

in VA’s records and data provided by

SSA. Based on this review of Social

Security data, we are confident of the

timeliness and accuracy of the Social

Security income match and, in our

judgment, it is not necessary to require

beneficiaries with verified Social

Security numbers who have no income,

or whose only income is Social

Security, to submit an annual EVR.

VA will also require beneficiaries who

receive income other than Social

Security to submit an EVR. These

beneficiaries must submit an EVR

because VA is unable to verify the

receipt and amount of other types of

income with the same accuracy that it

can verify Social Security income.

Even if all relevant Social Security

numbers have been verified and neither

the beneficiary nor the beneficiary’s

spouse received income other than

Social Security, VA will still require

completion of an EVR if it determines

that submission of an EVR is necessary

to preserve program integrity. The

phrase ‘‘necessary to preserve program

integrity’’ applies when it is necessary

for VA, or an agency with oversight

authority over VA, to verify that EVRexempt beneficiaries are accurately

reporting changes in entitlement factors.

38 U.S.C. 1315(e) establishes a

statutory exemption from filing an EVR

for parents who have attained the age of

72 and who have been paid Dependency

and Indemnity Compensation for two

consecutive years. However, when

Congress removed the mandatory

requirement for annual reporting by

persons who have received old law or

section 306 pension or parents’ DIC for

two consecutive years and are at least 72

years old, it indicated that removal of

this reporting requirement did not affect

VA’s authority to require clarification or
25878 Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Proposed Rules

proof of income, when indicated, for

this group (see Pub. L. No. 91–588,

§§ 2(d) and 6, 84 Stat. 1583, 1584

(1970)). Therefore, VA will apply the

same criteria for determining when

persons who are 72 years or older and

have received the particular benefit for

two consecutive calendar years must

submit an EVR.

Although beneficiaries will be

required to file an EVR only if requested

to do so by VA, they have an affirmative

obligation to advise VA promptly of

changes in factors such as income,

marital status, etc. which affect

entitlement. This affirmative obligation

appears at §§ 3.256(a) and 3.277(b) of

the amendments.

When VA sends a beneficiary an EVR

to be completed, it advises the

beneficiary in writing that the

completed form must be returned to VA

at the address shown within 60 days

and that failure to return the completed

form will result in interruption of

benefits. If the completed form is not

received within the specified period,

VA will suspend payment and send a

letter to the beneficiary advising that

completion of the EVR form is required.

The beneficiary’s continued failure to

return the EVR will result in

termination of the award under the

provisions of 38 CFR 3.661.

If a claimant with a pending claim

fails to return an EVR when requested

to do so, VA will disallow the claim and

notify the claimant of the reason for the

disallowance. The notification will

furnish notice of procedural and

appellate rights and will advise the

claimant that no further action can be

taken on the claim unless the EVR is

returned within 1 year of the date it was

originally requested. VA will consider

the claim abandoned under 38 CFR

3.158 if the EVR is not received within

one year of the date it was originally

requested.

We are proposing to change the

heading of 38 CFR 3.256 from ‘‘Annual

income and net worth questionnaires’’

to the more general ‘‘Eligibility

reporting requirements’’ to better

describe the content of the section. The

text of 38 CFR 3.256 is similarly

changed to reflect the new reporting

requirements and set out the criteria for

determining which recipients are

required to complete an EVR.

The heading of 38 CFR 3.277 is

changed from ‘‘Income and net worth

reports’’ to ‘‘Eligibility reporting

requirements’’ to better describe the

content of the section. Paragraph (b)

emphasizes a pension claimant or

beneficiary’s responsibility to notify VA

of any material change in entitlement

factors. Paragraph (c) shows when VA

will require completion of an EVR.

These amendments do not change any

substantive rules concerning eligibility

for VA benefits, alter the recipient’s

obligation to report changes that may

affect the rate of VA benefits payable, or

limit VA’s authority to require evidence

of entitlement factors in an individual

case. The amendments merely set out

VA’s policy on requiring completion of

an EVR.

Regulatory Flexibility Act

The Secretary hereby certifies that

these regulatory amendments will not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

The reason for this certification is that

these amendments would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

Therefore, pursuant to 5 U.S.C. 605(b),

these amendments are exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

Paperwork Reduction Act of 1980

This proposed rule contains

information collections which are

subject to review by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980.

The title, description of agency need,

and respondents of the information

collections are shown below with

estimates of reporting burdens.

Title: Eligibility Verification Reports.

Description of Agency Need: These

information collections are to be used to

verify entitlement to or continued

eligibility for pension or parents’ DIC

and to determine whether adjustments

in the rate of payment are necessary.

Respondents: Recipients of pension or

parents’ DIC who come within the

circumstances described in proposed

§§ 3.256(b) or 3.277(c) for submitting an

annual EVR or claimants or recipients

who have a change affecting entitlement

as specified in proposed §§ 3.256(a) or

3.277(b).

Estimates of Reporting Burdens: (1)

Under current regulations all of the

825,000 recipients of pension or

parents’ DIC are required to submit an

annual EVR. It is estimated that under

proposed §§ 3.256(b) and 3.277(c) the

number of persons required to submit

an EVR during a calendar year would be

reduced from 825,000 to 325,000. It is

estimated that an EVR takes

approximately 30 minutes to complete.

Accordingly, the estimated total annual

reporting hours for annual EVRs would

be reduced from approximately 412,500

hours to approximately 162,500 hours.

(2) Also, under current regulations

approximately 190,000 individuals must

independently report changes in factors

affecting entitlement. The proposed

regulations (see proposed §§ 3.256(a)

and 3.277(b)) would not cause a change

in this reporting requirement. It is

estimated that such a report takes

approximately 15 minutes to complete.

Accordingly, the estimated total annual

reporting hours for independent reports

because of changes in factors affecting

entitlement would be approximately

47,500 hours.

As required by section 3504(h) of the

Paperwork Reduction Act of 1980, VA is

submitting a copy of this proposed rule

to OMB for its review of these

information collection requirements.

Organizations and individuals desiring

to submit comments regarding these

burden estimates or any aspect of these

information collection requirements,

including suggestions for reducing

burdens, should direct them to VA’s

Director, Office of Regulations

Management (address above) and the

Office of Information and Regulatory

Affairs, OMB, Room 10235, New

Executive Office Bldg., Washington, DC

20503, Attn: Desk Officer for VA.

The Catalog of Federal Domestic

Assistance program numbers are 64.104,

64.105, and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Reporting and recordkeeping

requirements, Veterans.

Approved: February 3, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is proposed to

be amended as follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 3.256 is revised to read as

follows:

§ 3.256 Eligibility reporting requirements.

(a) Obligation to report changes in

factors affecting entitlement. Any

individual who has applied for or

receives pension or parents’

dependency and indemnity
Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Proposed Rules 25879

compensation must promptly notify the

Secretary in writing of any change

affecting entitlement in any of the

following:

(1) Income;

(2) Net worth or corpus of estate;

(3) Marital status;

(4) Nursing home patient status;

(5) School enrollment status of a child

18 years of age or older; or

(6) Any other factor that affects

entitlement to benefits under the

provisions of this part.

(b) Eligibility verification report. (1)

For purposes of this section the term

eligibility verification report means a

form prescribed by the Secretary that is

used to request income, net worth (if

applicable), dependency status, and any

other information necessary to

determine or verify entitlement to

pension or parents’ dependency and

indemnity compensation.

(2) The Secretary shall require an

eligibility verification report under the

following circumstances:

(i) If the Social Security

Administration has not verified the

beneficiary’s Social Security number

and, if the beneficiary is married, his or

her spouse’s Social Security number;

(ii) If there is reason to believe that

the beneficiary or, if the spouse’s

income could affect entitlement, his or

her spouse may have received income

other than Social Security during the

current or previous calendar year; or

(iii) If the Secretary determines that

an eligibility verification report is

necessary to preserve program integrity.

(3) An individual who applies for or

receives pension or parents’

dependency and indemnity

compensation as defined in § 3.3 or 3.5

shall, as a condition of receipt or

continued receipt of benefits, furnish

the Department of Veterans Affairs an

eligibility verification report upon

request.

(c) If VA requests that a claimant or

beneficiary submit an eligibility

verification report but he or she fails to

do so within 60 days of the date of the

VA request, the Secretary shall suspend

the award or disallow the claim.

(Authority: 38 U.S.C. 1315(e) and 1506)

3. Section 3.277 is amended by

revising the heading and paragraphs (b)

and (c) and by adding paragraph (d) to

read as follows:

§ 3.277 Eligibility reporting requirements.

* * * * *

(b) Obligation to report changes in

factors affecting entitlement. Any

individual who has applied for or

receives pension must promptly notify

the Secretary in writing of any change

affecting entitlement in any of the

following:

(1) Income;

(2) Net worth or corpus of estate;

(3) Marital status;

(4) Nursing home patient status;

(5) School enrollment status of a child

18 years of age or older; or

(6) Any other factor that affects

entitlement to benefits under the

provisions of this Part.

(c) Eligibility verification reports. (1)

For purposes of this section the term

eligibility verification report means a

form prescribed by the Secretary that is

used to request income, net worth,

dependency status, and any other

information necessary to determine or

verify entitlement to pension.

(2) The Secretary shall require an

eligibility verification report under the

following circumstances:

(i) If the Social Security

Administration has not verified the

beneficiary’s Social Security number

and, if the beneficiary is married, his or

her spouse’s Social Security number;

(ii) If there is reason to believe that

the beneficiary or his or her spouse may

have received income other than Social

Security during the current or previous

calendar year; or

(iii) If the Secretary determines that

an eligibility verification report is

necessary to preserve program integrity.

(3) An individual who applies for or

receives pension as defined in § 3.3

shall, as a condition of receipt or

continued receipt of benefits, furnish

the Department of Veterans Affairs an

eligibility verification report upon

request.

(d) If VA requests that a claimant or

beneficiary submit an eligibility

verification report but he or she fails to

do so within 60 days of the date of the

VA request, the Secretary shall suspend

the award or disallow the claim.

* * * * *

[FR Doc. 95–11880 Filed 5–12–95; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 94–127; RM–8537]

Radio Broadcasting Services; Wright

City, OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; dismissal of.

SUMMARY: The Commission, at the

request of Texarkana Broadcasting,

Incorporated, dismisses its request to

allot Channel 277A to Wright City, OK,

as the community’s first local aural

service. See 59 FR 59744, November 18,

1994. No interest in applying for the

channel was received by the

Commission. With this action, this

proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–127,

adopted May 3, 1995, and released May

10, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–11855 Filed 5–12–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–123, DA 95–1055]

Television Broadcasting; Prime Time

Access Rule

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

reply comment period.

SUMMARY: The Commission granted a

request by the Coalition to Enhance

Diversity for an extension of time for

filing reply comments in this

proceeding. The Commission

determined that the extension of time

was warranted in light of the time

necessary to compile information

critical to resolution of the numerous

and complex issues raised in this

proceeding. This action will facilitate

the development of a full and complete

record on these issues.

DATES: Reply comments are now due on

May 26, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Alan E. Aronowitz, Mass Media Bureau,

(202) 776–1653.

SUPPLEMENTARY INFORMATION:

Adopted: May 8, 1995.

Released: May 8, 1995.

By the Chief, Mass Media Bureau: