Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 215

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AK90 

Vocational Training for Certain 

Children of Vietnam Veterans—

Covered Birth Defects and Spina Bifida

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to 

establish regulations regarding 

provision of vocational training and 

rehabilitation for women Vietnam 

veterans’ children with covered birth 

defects. It would revise the current 

regulations regarding vocational training 

and rehabilitation for Vietnam veterans’ 

children suffering from spina bifida to 

also encompass vocational training and 

rehabilitation for women Vietnam 

veterans’ children with certain other 

birth defects. This is necessary to 

provide vocational training and 

rehabilitation for such children in 

accordance with recently enacted 

legislation. Companion documents 

entitled ‘‘Monetary Allowances for 

Certain Children of Vietnam Veterans; 

Identification of Covered Birth Defects’’ 

(RIN 2900–AK67) and ‘‘Health Care for 

Certain Children of Vietnam Veterans—

Covered Birth Defects and Spina Bifida’’ 

(RIN 2900–AK88) are set forth in the 

Proposed Rules section of this issue of 

the Federal Register.

DATES: Comments must be received by 

VA on or before February 1, 2002, 

except that comments on the 

information collection provisions in this 

document must be received on or before 

March 4, 2002.

ADDRESSES: Mail or hand deliver written 

comments to: Director, Office of 

Regulations Management (02D), Room 

1154, 810 Vermont Ave., NW, 

Washington, DC 20420; or fax comments 

to (202) 273–9289; or e-mail comments 

to OGCRegulations@mail.va.gov.

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900–

AK90.’’ All comments received will be 

available for public inspection in the 

Office of Regulations Management, 

Room 1158, between the hours of 8 a.m. 

and 4:30 p.m., Monday through Friday 

(except holidays). In addition, see the 

Paperwork Reduction Act heading 

under the SUPPLEMENTARY INFORMATION

section of this preamble regarding 

submission of comments on the 

information collection provisions.

FOR FURTHER INFORMATION CONTACT:

Charles A. Graffam, Consultant, 

Vocational Rehabilitation and 

Employment Service (282), Department 

of Veterans Affairs, 810 Vermont Ave., 

NW, Washington, DC 20420; (202) 273–

7410.

SUPPLEMENTARY INFORMATION: Prior to 

the enactment of Public Law 106–419 

on November 1, 2000, the provisions of 

38 U.S.C. chapter 18 only concerned 

benefits for children with spina bifida 

who were born to Vietnam veterans. 

Effective December 1, 2001, section 401 

of Public Law 106–419 amends 38 

U.S.C. chapter 18 to add benefits for 

women Vietnam veterans’ children with 

certain birth defects (referred to below 

as ‘‘covered birth defects’’). 

As amended, 38 U.S.C. chapter 18 

provides for three separate types of 

benefits for women Vietnam veterans’ 

children who suffer from covered birth 

defects as well as for Vietnam veterans’ 

children who suffer from spina bifida: 

(1) Monthly monetary allowances for 

various disability levels; (2) provision of 

health care needed for the child’s spina 

bifida or covered birth defects; and (3) 

provision of vocational training and 

rehabilitation. 

This document proposes to amend 

VA’s ‘‘Vocational Rehabilitation and 

Education’’ regulations (38 CFR part 21) 

by revising the regulations in part 21, 

subpart M (§§ 21.8010 through 21.8410) 

concerning the provision of vocational 

training and rehabilitation. These 

regulations currently only concern the 

provision of vocational training and 

rehabilitation for Vietnam veterans’ 

children with spina bifida. This 

document proposes to revise the 

regulations by adding women Vietnam 

veterans’ children with covered birth 

defects to the existing regulatory 

framework. The revisions would also 

correct the references to § 21.222 in 

§ 21.8210 and to § 21.8020 in § 21.8082 

and make other nonsubstantive changes 

for purposes of clarity. These would 

include amending § 21.8050(c) to clarify 

that VA does not provide for room and 

board for a vocational training program 

under part 21, subpart M, other than for 

a period of 30 days or less in a special 

rehabilitation facility for purposes of an 

extended evaluation or to improve and 

enhance vocational potential. 

As a condition of eligibility for the 

provision of vocational training and 

rehabilitation under 38 U.S.C. 1814 for 

women Vietnam veterans’ children with 

covered birth defects, it is proposed that 

the child must be an individual

determined to have a covered birth 

defect under 38 CFR 3.815. (Definitions 

of the terms individual and covered 

birth defect and provisions concerning 

identification of covered birth defects 

are included in proposed § 3.815 set 

forth in the companion document 

concerning monetary allowances and 

identification of covered birth defects 

(RIN 2900–AK67) published in the 

Proposed Rules section of this issue of 

the Federal Register.) 

This proposed rule includes a 

definition of eligible child that describes 

a child for whom the statute authorizes 

VA to provide vocational training under 

this subpart. In the revised § 21.8282, 

‘‘Termination of a vocational training 

program,’’ we propose to add provisions 

that would be applicable if VA makes a 

determination that a child no longer has 

a covered birth defect. 

By statute, a child would only be 

eligible for one program of vocational 

training under 38 U.S.C. chapter 18 

(even if, for example, a child has spina 

bifida and one or more other covered 

birth defects). It is proposed to reflect 

this in § 21.8016. 

It is proposed that a woman Vietnam 

veteran’s child with covered birth 

defects receive testing and evaluative 

services, as needed, similar to the 

testing and services that VA offers a 

veteran for the purposes of evaluation 

for eligibility and entitlement under a 

vocational rehabilitation program under 

38 U.S.C. chapter 31. These testing and 

evaluative services are appropriate for 

determining whether it is reasonably 

feasible for the child to achieve a 

vocational goal and to guide the child, 

parent, or guardian in choosing a 

vocational training program for the 

child. This already applies to vocational 

training and rehabilitation for Vietnam 

veterans’ children with spina bifida. 

It is proposed that an eligible child 

would receive vocational training 

program services and assistance under 

provisions that, under the 38 U.S.C. 

chapter 31 program, already apply to 

vocational training program services 

and assistance for eligible veterans with 

service-connected disabilities. In this 

regard, it is proposed that the following 

provisions of 38 CFR part 21, subpart A, 

would apply as set forth in the text 

portion of this document: 

• § 21.35 concerning certain 

definitions and explanations (see 

proposed § 21.8010). 

• § 21.250(a) and (b)(2), concerning 

provision of employment services, 

including the definition of job 

development; § 21.252 concerning job 

development and placement services; 

§ 21.254 concerning supportive services; 

§ 21.256 concerning incentives for 

employers; and §§ 21.257 and 21.258 

concerning rehabilitation through selfemployment, including special 

assistance for persons engaged in selfemployment programs (see proposed 

§ 21.8020). 

216 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

• §§ 21.50(b)(5) and 21.53(b) and (d) 

concerning the scope and nature of an 

evaluation of the reasonable feasibility 

of achieving a vocational goal (see 

proposed § 21.8032). 

• §§ 21.80, 21.84, and 21.88 

concerning the requirements for an 

individualized written plan of 

vocational rehabilitation and its 

purposes, to include employment 

assistance; and §§ 21.92, 21.94 (a) 

through (d), and 21.96 concerning 

preparation of, changes to, and review 

of an individualized written plan of 

vocational rehabilitation (see proposed 

§§ 21.8080 and 21.8082). 

• §§ 21.100 and 21.380 concerning 

counseling (see proposed § 21.8100). 

• § 21.120 concerning vocational 

training; §§ 21.122 through 21.132 

concerning types of allowable 

vocational training; and § 21.146 

concerning independent instructor 

courses (see proposed § 21.8120). 

• §§ 21.290 through 21.298 

concerning course approval and facility 

selection (except that the provisions 

pertaining to use of facilities offering 

independent living services to evaluate 

independent living potential (see 

§ 21.294(b)(1)(i)) and to provide a 

program of independent living services 

to individuals for whom an 

Individualized Independent Living Plan 

(IILP) has been developed (see 

§ 21.294(b)(1)(ii)) do not apply, and 

provisions concerning authorization of 

independent living services as an 

incidental part of a plan (see 

§ 21.294(b)(1)(iii)) apply, in a 

comparable manner as for veterans 

under the 38 U.S.C. chapter 31 program, 

only to the extent allowable under 

proposed § 21.8050 for an 

individualized written plan of 

vocational rehabilitation) (see proposed 

§§ 21.8120 and 21.8286). 

• § 21.142(a) and (b); § 21.144; 

§ 21.146; § 21.148(a) and (c); § 21.150, 

other than paragraph (b); § 21.152, other 

than paragraph (b); § 21.154, other than 

paragraph (b); and § 21.156 concerning 

special rehabilitative services of the 

following types: adult basic education, 

vocational course in a sheltered 

workshop or rehabilitation facility, 

independent instructor course, tutorial 

assistance, reader service, interpreter 

service for the hearing impaired, special 

transportation assistance, and other 

vocationally oriented incidental services 

(see proposed § 21.8140). 

• §§ 21.212 through 21.224 

concerning supplies (however, the 

following provisions do not apply to 

this subpart: § 21.216(a)(3) concerning 

special modifications, including 

automobile adaptive equipment; 

§ 21.220(a)(1) concerning advancements 

from the 38 U.S.C. chapter 31 program 

revolving loan fund; and 

§ 21.222(b)(1)(x) concerning release or 

repayment for independent living 

services program supplies) (see 

proposed § 21.8210). 

• § 21.262 concerning reimbursement 

for costs of training and rehabilitation 

facilities, supplies, and services (see 

proposed § 21.8260). 

• §§ 21.60 and 21.62 concerning a 

medical consultant and the Vocational 

Rehabilitation Panel and § 21.310 

concerning rate of pursuit measurement 

(see proposed § 21.8310). 

• § 21.326 concerning the 

commencement and termination dates 

of a period of employment services (see 

proposed § 21.8320). 

• §§ 21.362 and 21.364 concerning 

satisfactory conduct and cooperation 

(see proposed § 21.8360). 

• § 21.154 concerning special 

transportation allowance; § 21.370 

(however, the words ‘‘under § 21.282’’ 

in § 21.370(b)(2)(iii)(B) do not apply) 

and § 21.372 concerning intraregional 

and interregional travel at government 

expense; and § 21.376 concerning 

authorization of transportation services 

for evaluation or counseling (see 

proposed § 21.8370). 

• § 21.380 concerning personnel 

qualification standards; §§ 21.412 and 

21.414 (except § 21.414(c), (d), and (e)) 

concerning finality and revision of 

decisions; § 21.420 concerning 

notification that VA will provide as to 

findings, decisions, and appeal rights; 

and § 21.430 concerning accountability 

for authorization and payment of 

program costs for training and 

rehabilitation services (see proposed 

§ 21.8380). 

As set forth in the text portion of this 

document, these provisions appear to be 

appropriate to apply to the provision of 

vocational training and rehabilitation 

for women Vietnam veterans’ children 

with covered birth defects. The same 

provisions apply to the provision of 

vocational training and rehabilitation 

for Vietnam veterans’ children with 

spina bifida. 

It is also proposed that VA officials 

will inform children who have covered 

birth defects about any vocational 

training and rehabilitation that may be 

available under other governmental and 

nongovernmental programs. This 

already applies to the provision of 

vocational training and rehabilitation 

for Vietnam veterans’ children with 

spina bifida. 

It is proposed that VA provide case 

management to assist the eligible child 

throughout a planned vocational 

training program. This would help to 

ensure that the child achieves the 

maximum vocational benefit from the 

program. This already applies to the 

provision of vocational training and 

rehabilitation for Vietnam veterans’ 

children with spina bifida. 

Comment Period 

We are providing, except for 

comments on the information collection 

provisions, a comment period of 30 days 

for this proposed rule due to the 

December 1, 2001, effective date of the 

new benefit programs enacted by 

section 401 of Public Law 106–419, the 

statutory requirement for a final rule 

prior to that date, and the need to have 

a final rule as soon as possible in order 

to avoid delay in the commencement of 

those benefits. We are providing for the 

information collections in this 

document a 60-day comment period 

pursuant to the Paperwork Reduction 

Act. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501–3520), 

collections of information are set forth 

in the provisions of proposed §§ 21.8014 

and 21.8370. Proposed § 21.8014 would 

amend the provisions prescribing the 

information to be submitted for an 

application for a Vietnam veteran’s 

child suffering from spina bifida to 

participate in a VA vocational training 

program. Proposed § 21.8370 would 

permit a request for reimbursement for 

certain transportation costs and would 

require submission of supporting 

documentation to receive 

reimbursement. Although provisions in 

the current § 21.8016 previously had 

been approved by the Office of 

Management and Budget (OMB) as an 

information collection under control 

number 2900–0581, VA is not seeking 

reinstatement and is requesting OMB to 

discontinue that approval because, as 

currently in effect and as proposed to be 

revised, § 21.8016 affects fewer than 10 

respondents annually. As required 

under section 3507(d) of the Act, VA 

has submitted a copy of this rulemaking 

action to the OMB for its review of the 

collections of information in this 

proposed rule. 

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 collections of 

information contained in this proposed 

rule should be submitted to the Office 

of Management and Budget, Attention 

Desk Officer for the Department of 

Veterans Affairs, Office of Information 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 217

and Regulatory Affairs, Washington, DC 

20503, with copies sent by mail or hand 

delivery to the Director, Office of 

Regulations Management (02D), 

Department of Veterans Affairs, 810 

Vermont Ave. NW, Room 1154, 

Washington, DC 20420; by fax to (202) 

273–9289; or by e-mail to 

OGCRegulations@mail.va.gov.

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900–

AK90.’’ All written comments to VA 

will be available for public inspection in 

the Office of Regulations Management, 

Room 1158, between the hours of 8 a.m. 

and 4:30 p.m., Monday through Friday 

(except holidays). 

Title: Application for Vocational 

Training Benefits—Certain Children of 

Vietnam Veterans. 

Summary of collection of information:

The provisions of proposed 38 CFR 

21.8014 would extend to women 

Vietnam veteran’s children with 

covered birth defects the requirement 

that is applicable to Vietnam veterans’ 

children with spina bifida for 

submitting an application for vocational 

training to be considered for this 

benefit. 

Type of review: Reinstatement with 

change of a previously approved 

collection for which approval has 

expired (OMB control number 2900–

0579). 

Description of need for information 

and proposed use of information: VA 

needs to know sufficient identifying 

information about the applicant and the 

applicant’s natural parent who was a 

Vietnam veteran to be able to relate the 

claim to other existing VA records. The 

information collected allows the 

Vocational Rehabilitation and 

Employment (VR&E) Division to review 

the existing records and to set up an 

appointment for an applicant to meet 

with a VR&E staff member to evaluate 

the claim. 

Description of likely respondents:

Adult children with spina bifida or 

other covered birth defects, parents or 

guardians of minor or incompetent 

children with spina bifida or other 

covered birth defects, authorized 

representatives, or Members of 

Congress. 

Estimated number of respondents: 50. 

Estimated frequency of responses:

Once. 

Estimated total annual reporting and 

recordkeeping burden: 12.5 reporting 

burden hours. The total annual 

reporting burden is based on each 

respondent taking 15 minutes to write to 

VA indicating a desire to take part in a 

vocational training program and 

providing the necessary identifying 

information. Although there is no set 

format for this application, the applicant 

must provide certain information to 

perfect the claim. There are no 

recordkeeping requirements. 

Estimated average burden per 

respondent: 15 minutes. 

Title: Request for Transportation 

Expense Reimbursement. 

Summary of collection of information:

The provisions of proposed 38 CFR 

21.8370 would extend to women 

Vietnam veteran’s children with 

covered birth defects the current 

requirement applicable to Vietnam 

veterans’ children with spina bifida that 

a child receiving vocational training to 

request VA payment for travel expenses. 

VA must determine that the child would 

be unable to pursue training or 

employment or employment without 

this assistance. To obtain payment, the 

child must submit documentation 

showing the expenses of transportation. 

Type of review: Reinstatement with 

change of a previously approved 

collection for which approval has 

expired (OMB control number 2900–

0580). 

Description of need for information 

and proposed use of information: A 

child must specifically request VA 

assistance with transportation expenses. 

This allows VA to investigate the child’s 

situation to establish that the child 

would be unable to pursue training or 

employment without VA travel 

assistance. To receive payment, the 

child must provide supportive 

documentation of actual expenses 

incurred for the travel. This prevents 

VA from making payment erroneously 

or for fraudulently claimed travel. 

Description of likely respondents:

Children with spina bifida or other 

covered birth defects. 

Estimated number of respondents: 40. 

Approximately half of the children who 

plan and enter a program will need VA 

financial support for their transportation 

expenses while in a program. 

Estimated frequency of responses:

Once for the initial request; monthly to 

obtain the travel reimbursement. 

Estimated total annual reporting and 

recordkeeping burden: 50 reporting 

burden hours. Each respondent will 

require 15 minutes to prepare and 

submit the initial request (40 × 1⁄4 hour 

= 10 hours). Each respondent will then 

require 5 minutes to copy and submit 

receipts for transportation expenses to 

obtain reimbursement (40 × 12 × 1⁄12

hour = 40 hours). 

Estimated average burden per 

respondent: 1 hour and 15 minutes. 

The Department considers comments 

by the public on proposed collections of 

information in— 

• 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; 

• Evaluating the accuracy of the 

Department’s estimate of the burden of 

the proposed collections of information, 

including the validity of the 

methodology and assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collections of information on those who 

are to respond, including 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 collections 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. 

Executive Order 12866 

This proposed rule has been reviewed 

by OMB under Executive Order 12866. 

Regulatory Flexibility Act 

The Secretary of Veterans Affairs 

hereby certifies that the adoption of the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. It is 

estimated that there are only 1,200 

Vietnam veterans’ children who suffer 

from spina bifida and women Vietnam 

veteran’s children who suffer from spina 

bifida or other covered birth defects. 

They are widely dispersed 

geographically, and the services 

provided to them would not have a 

significant impact on any small 

businesses. Moreover, the institutions 

capable of providing appropriate 

services and vocational training to 

Vietnam veteran’s children with 

covered birth defects or spina bifida are 

generally large capitalization facilities. 

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

this proposed rule is exempt from the 

initial and final regulatory flexibility 

analyses requirements of sections 603 

and 604.

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program number for benefits 

218 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

affected by this rule is 64.128. There is no 

Catalog of Federal Domestic Assistance 

program number for other benefits affected 

by this rule.

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflicts of interest, Defense 

Department, Education, Employment, 

Government contracts, Grant programseducation, Grant programs-veterans, 

Health care, Loan programs-education, 

Loan programs-veterans, Manpower 

training programs, Personnel training 

programs, Reporting and recordkeeping 

requirements, Schools, Travel and 

transportation expenses, Veterans, 

Vocational education, Vocational 

rehabilitation.

Approved: October 26, 2001. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

For the reasons set forth in the 

preamble, 38 CFR part 21 is proposed to 

be amended as set forth below:

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

1. In part 21, the heading of subpart 

M is revised to read as follows:

Subpart M—Vocational Training and 

Rehabilitation for Certain Children of 

Vietnam Veterans—Spina Bifida and 

Covered Birth Defects 

2. The authority citation for part 21, 

subpart M is revised to read as follows:

Authority: 38 U.S.C. 101, 501, 512, 1151 

note, 1802, 1804–1805, 1811, 1811 note, 

1812, 1814, 1816, 1821–1824, 5112, unless 

otherwise noted.

3. Sections 21.8010 through 21.8410 

are revised to read as follows: 

General

§ 21.8010 Definitions and abbreviations. 

(a) Program-specific definitions and 

abbreviations. For the purposes of this 

subpart: 

Covered birth defect means the same 

as defined at § 3.815(c)(3) of this title. 

Eligible child means, as appropriate, 

either an individual as defined at 

§ 3.814(c)(2) of this title who suffers 

from spina bifida, or an individual as 

defined at § 3.815(c)(2) of this title who 

has a covered birth defect other than a 

birth defect described in § 3.815(a)(2). 

Employment assistance means 

employment counseling, placement and 

post-placement services, and personal 

and work adjustment training. 

Institution of higher education has the 

same meaning that § 21.4200 provides 

for the term institution of higher 

learning.

Program of employment services

means the services an eligible child may 

receive if the child’s entire program 

consists only of employment assistance. 

Program participant means an eligible 

child who, following an evaluation in 

which VA finds the child’s achievement 

of a vocational goal is reasonably 

feasible, elects to participate in a 

vocational training program under this 

subpart. 

Spina bifida means the same as 

defined at § 3.814(c)(3) of this title. 

Vietnam veteran means, in the case of 

a child suffering from spina bifida, the 

same as defined at § 3.814(c)(1) or 

§ 3.815(c)(1) of this title and, in the case 

of a child with a covered birth defect, 

the same as defined at § 3.815(c)(1) of 

this title. 

Vocational training program means 

the vocationally oriented training 

services, and assistance, including 

placement and post-placement services, 

and personal and work-adjustment 

training that VA finds necessary to 

enable the child to prepare for and 

participate in vocational training or 

employment. A vocational training 

program may include a program of 

education offered by an institution of 

higher education only if the program is 

predominantly vocational in content. 

VR&E refers to the Vocational 

Rehabilitation and Employment activity 

(usually a division) in a Veterans 

Benefits Administration regional office, 

the staff members of that activity in the 

regional office or in outbased locations, 

and the services that activity provides.

(Authority: 38 U.S.C. 101, 1802, 1804, 1811–

1812, 1814, 1821)

(b) Other terms and abbreviations.

The following terms and abbreviations 

have the same meaning or explanation 

that § 21.35 provides: 

(1) CP (Counseling psychologist); 

(2) Program of education; 

(3) Rehabilitation facility; 

(4) School, educational institution, or 

institution; 

(5) Training establishment; 

(6) Vocational goal; 

(7) VRC (Vocational rehabilitation 

counselor); 

(8) VRS (Vocational rehabilitation 

specialist); and 

(9) Workshop.

(Authority: 38 U.S.C. 1804, 1811, 1814, 1821)

§ 21.8012 Vocational training program for 

certain children of Vietnam veterans—spina 

bifida and covered birth defects. 

VA will provide an evaluation to an 

eligible child to determine the child’s 

potential for achieving a vocational goal. 

If this evaluation establishes that it is 

feasible for the child to achieve a 

vocational goal, VA will provide the 

child with the vocational training, 

employment assistance, and other 

related rehabilitation services 

authorized by this subpart that VA finds 

the child needs to achieve a vocational 

goal, including employment.

(Authority: 38 U.S.C. 1804, 1812, 1814)

§ 21.8014 Application. 

(a) Filing an application. To 

participate in a vocational training 

program, the child of a Vietnam veteran 

(or the child’s parent or guardian, an 

authorized representative, or a Member 

of Congress acting on behalf of the 

child) must file an application. An 

application is a request for an 

evaluation of the feasibility of the 

child’s achievement of a vocational goal 

and, if a CP or VRC determines that 

achievement of a vocational goal is 

feasible, for participation in a vocational 

training program. The application may 

be in any form, but it must: 

(1) Be in writing over the signature of 

the applicant or the person applying on 

the child’s behalf; 

(2) Provide the child’s full name, 

address, and VA claim number, if any, 

and the parent Vietnam veteran’s full 

name and Social Security number or VA 

claim number, if any; and 

(3) Clearly identify the benefit sought.

(Authority: 38 U.S.C. 1804(a), 1822, 5101)

(b) Time for filing. For a child 

claiming eligibility based on having 

spina bifida, an application under this 

subpart may be filed at any time after 

September 30, 1997. For a child 

claiming eligibility based on a covered 

birth defect, an application under this 

subpart may be filed at any time after 

November 30, 2001.

(Authority: 38 U.S.C. 1804, 1811, 1811 note, 

1812, 1814, 1821)

§ 21.8016 Nonduplication of benefits. 

(a) Election of benefits—chapter 35.

An eligible child may not receive 

benefits concurrently under 38 U.S.C. 

chapter 35 and under this subpart. If the 

child is eligible for both benefits, he or 

she must elect in writing which benefit 

to receive.

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1824)

(b) Reelections of benefits—chapter 

35. An eligible child receiving benefits 

under this subpart or under 38 U.S.C. 

chapter 35 may change his or her 

election at any time. A reelection 

between benefits under this subpart and 

under 38 U.S.C. chapter 35 must be 

prospective, however, and may not 

result in an eligible child receiving 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 219

benefits under both programs for the 

same period of training.

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1824)

(c) Length of benefits under multiple 

programs—chapter 35. The aggregate 

period for which an eligible child may 

receive assistance under this subpart 

and under 38 U.S.C. chapter 35 together 

may not exceed 48 months of full-time 

training or the part-time equivalent.

(Authority: 38 U.S.C. 1804(e)(2), 1814)

(d) Nonduplication of benefits under 

38 U.S.C. 1804 and 1814. An eligible 

child may only be provided one 

program of vocational training under 

this subpart.

(Authority: 38 U.S.C. 1804, 1814, 1824)

Basic Entitlement Requirements

§ 21.8020 Entitlement to vocational 

training and employment assistance. 

(a) Basic entitlement requirements.

Under this subpart, for an eligible child 

to receive vocational training, 

employment assistance, and related 

rehabilitation services and assistance to 

achieve a vocational goal (to include 

employment), the following 

requirements must be met: 

(1) A CP or VRC must determine that 

achievement of a vocational goal by the 

child is reasonably feasible; and 

(2) The child and VR&E staff members 

must work together to develop and then 

agree to an individualized written plan 

of vocational rehabilitation identifying 

the vocational goal and the means to 

achieve this goal.

(Authority: 38 U.S.C. 1804(b), 1814)

(b) Services and assistance. An 

eligible child may receive the services 

and assistance described in § 21.8050(a). 

The following sections in subpart A of 

this part apply to the provision of these 

services and assistance in a manner 

comparable to their application for a 

veteran under that subpart: 

(1) Section 21.250(a) and (b)(2); 

(2) Section 21.252; 

(3) Section 21.254; 

(4) Section 21.256 (not including 

paragraph (e)(2)); 

(5) Section 21.257; and 

(6) Section 21.258.

(Authority: 38 U.S.C. 1804, 1814)

(c) Requirements to receive 

employment services and assistance.

VA will provide employment services 

and assistance under paragraph (b) of 

this section only if the eligible child: 

(1) Has achieved a vocational 

objective; 

(2) Has voluntarily ceased vocational 

training under this subpart, but the case 

manager finds the child has attained 

sufficient skills to be employable; or 

(3) VA determines during evaluation 

that the child already has the skills 

necessary for suitable employment and 

does not need additional training, but to 

secure suitable employment the child 

does need the employment assistance 

that paragraph (b) of this section 

describes.

(Authority: 38 U.S.C. 1804, 1814)

(d) Additional employment services 

and assistance. If an eligible child has 

received employment assistance and 

obtains a suitable job, but VA later finds 

the child needs additional employment 

services and assistance, VA may provide 

the child with these services and 

assistance if, and to the extent, the child 

has remaining program entitlement.

(Authority: 38 U.S.C. 1804, 1814)

(e) Program entitlement usage. (1) 

Basic entitlement period. An eligible 

child will be entitled to receive 24 

months of full-time training, services, 

and assistance (including employment 

assistance) or the part-time equivalent, 

as part of a vocational training program. 

(2) Extension of basic entitlement 

period. VA may extend the basic 24-

month entitlement period, not to exceed 

another 24 months of full-time program 

participation, or the part-time 

equivalent, if VA determines that: 

(i) The extension is necessary for the 

child to achieve a vocational goal 

identified before the end of the basic 24-

month entitlement period; and 

(ii) The child can achieve the 

vocational goal within the extended 

period. 

(3) Principles for charging 

entitlement. VA will charge entitlement 

usage for training, services, or assistance 

(but not the initial evaluation, as 

described in § 21.8032) furnished to an 

eligible child under this subpart on the 

same basis as VA would charge for 

similar training, services, or assistance 

furnished a veteran in a vocational 

rehabilitation program under 38 U.S.C. 

chapter 31. VA may charge entitlement 

at a half-time, three-quarter-time, or fulltime rate based upon the child’s training 

time using the rate-of-pursuit criteria in 

§ 21.8310. The provisions concerning 

reduced work tolerance under § 21.312, 

and those relating to less-than-half-time 

training under § 21.314, do not apply 

under this subpart.

(Authority: 38 U.S.C. 1804, 1814)

§ 21.8022 Entry and reentry. 

(a) Date of program entry. VA may not 

enter a child into a vocational training 

program or provide an evaluation or any 

training, services, or assistance under 

this subpart before the date VA first 

receives an application for a vocational 

training program filed in accordance 

with § 21.8014.

(Authority: 38 U.S.C. 1151 note, 1804, 1811, 

1811 note, 1812, 1814)

(b) Reentry. If an eligible child 

interrupts or ends pursuit of a 

vocational training program and VA 

subsequently allows the child to reenter 

the program, the date of reentrance will 

accord with the facts, but may not 

precede the date VA receives an 

application for the reentrance.

(Authority: 38 U.S.C. 1804, 1814, 1822)

Evaluation

§ 21.8030 Requirement for evaluation of 

child. 

(a) Children to be evaluated. The 

VR&E Division will evaluate each child 

who: 

(1) Applies for a vocational training 

program; and 

(2) Has been determined to be an 

eligible child as defined in § 21.8010.

(Authority: 38 U.S.C. 1804(a), 1814)

(b) Purpose of evaluation. The 

evaluation has two purposes: 

(1) To ascertain whether achievement 

of a vocational goal by the child is 

reasonably feasible; and 

(2) If a vocational goal is reasonably 

feasible, to develop an individualized 

plan of integrated training, services, and 

assistance that the child needs to 

prepare for and participate in vocational 

training or employment.

(Authority: 38 U.S.C. 1804, 1814)

§ 21.8032 Evaluations. 

(a) Scope and nature of evaluation.

The scope and nature of the evaluation 

under this program will be comparable 

to an evaluation of the reasonable 

feasibility of achieving a vocational goal 

for a veteran under 38 U.S.C. chapter 31 

and §§ 21.50(b)(5) and 21.53(b) and (d).

(Authority: 38 U.S.C. 1804(a), 1814)

(b) Specific services to determine the 

reasonable feasibility of achieving a 

vocational goal. As a part of the 

evaluation of reasonable feasibility of 

achieving a vocational goal, VA may 

provide the following specific services, 

as appropriate: 

(1) Assessment of feasibility by a CP 

or VRC; 

(2) Review of feasibility assessment 

and of need for special services by the 

Vocational Rehabilitation Panel; 

(3) Provision of medical, testing, and 

other diagnostic services to ascertain the 

child’s capacity for training and 

employment; and 

(4) Evaluation of employability by 

professional staff of an educational or 

220 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

rehabilitation facility, for a period not to 

exceed 30 days.

(Authority: 38 U.S.C. 1804(a), 1814)

(c) Responsibility for evaluation. A CP 

or VRC will make all determinations as 

to the reasonable feasibility of achieving 

a vocational goal.

(Authority: 38 U.S.C. 1804(a), (b), 1814)

Services and Assistance to Program 

Participants

§ 21.8050 Scope of training, services, and 

assistance. 

(a) Allowable training, services, and 

assistance. VA may provide to 

vocational training program 

participants: 

(1) Vocationally oriented training, 

services, and assistance, to include: 

(i) Training in an institution of higher 

education if the program is 

predominantly vocational; and 

(ii) Tuition, fees, books, equipment, 

supplies, and handling charges. 

(2) Employment assistance including: 

(i) Vocational, psychological, 

employment, and personal adjustment 

counseling; 

(ii) Services to place the individual in 

suitable employment and postplacement services necessary to ensure 

satisfactory adjustment in employment; 

and 

(iii) Personal adjustment and work 

adjustment training. 

(3) Vocationally oriented independent 

living services only to the extent that 

the services are indispensable to the 

achievement of the vocational goal and 

do not constitute a significant portion of 

the services to be provided. 

(4) Other vocationally oriented 

services and assistance of the kind VA 

provides veterans under the 38 U.S.C. 

chapter 31 program, except as paragraph 

(c) of this section provides, that VA 

determines the program participant 

needs to prepare for and take part in 

vocational training or in employment.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Vocational training program. VA 

will provide either directly or by 

contract, agreement, or arrangement 

with another entity, and at no cost to the 

beneficiary, the vocationally oriented 

training, other services, and assistance 

that VA approves for the individual 

child’s program under this subpart. 

Authorization and payment for 

approved services will be made in a 

comparable manner to that VA provides 

for veterans under the 38 U.S.C. chapter 

31 program.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Prohibited services and assistance.

VA may not provide to a vocational 

training program participant any: 

(1) Loan; 

(2) Subsistence allowance; 

(3) Automobile adaptive equipment; 

(4) Training at an institution of higher 

education in a program of education 

that is not predominantly vocational in 

content; 

(5) Employment adjustment 

allowance; 

(6) Room and board (other than for a 

period of 30 days or less in a special 

rehabilitation facility either for purposes 

of an extended evaluation or to improve 

and enhance vocational potential); 

(7) Independent living services, 

except those that are incidental to the 

pursuit of the vocational training 

program.

(Authority: 38 U.S.C. 1804(c), 1814)

Duration of Vocational Training

§ 21.8070 Basic duration of a vocational 

training program. 

(a) Basic duration of a vocational 

training program. The duration of a 

vocational training program, as 

paragraphs (e)(1) and (e)(2) of § 21.8020 

provide, may not exceed 24 months of 

full-time training, services, and 

assistance or the part-time equivalent, 

except as § 21.8072 allows.

(Authority: 38 U.S.C. 1804(d), 1814)

(b) Responsibility for estimating the 

duration of a vocational training 

program. While preparing the 

individualized written plan of 

vocational rehabilitation, the CP or VRC 

will estimate the time the child needs to 

complete a vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Duration and scope of training 

must meet general requirements for 

entry into the selected occupation. The 

child will receive training, services, and 

assistance, as § 21.8120 describes, for a 

period that VA determines the child 

needs to reach the level employers 

generally recognize as necessary for 

entry into employment in a suitable 

occupational objective.

(Authority: 38 U.S.C. 1804(c), 1814)

(d) Approval of training beyond the 

entry level. To qualify for employment 

in a particular occupation, the child 

may need training that exceeds the 

amount a person generally needs for 

employment in that occupation. VA will 

provide the necessary additional 

training under one or more of the 

following conditions: 

(1) Training requirements for 

employment in the child’s vocational 

goal in the area where the child lives or 

will seek employment exceed those job 

seekers generally need for that type of 

employment; 

(2) The child is preparing for a type 

of employment in which he or she will 

be at a definite disadvantage in 

competing with nondisabled persons 

and the additional training will offset 

the competitive disadvantage; 

(3) The choice of a feasible occupation 

is limited, and additional training will 

enhance the child’s employability in 

one of the feasible occupations; or 

(4) The number of employment 

opportunities within a feasible 

occupation is restricted.

(Authority: 38 U.S.C. 1804(c), 1814)

(e) Estimating the duration of the 

training period. In estimating the length 

of the training period the eligible child 

needs, the CP or VRC must determine 

that: 

(1) The proposed vocational training 

would not normally require a person 

without a disability more than 24 

months of full-time pursuit, or the parttime equivalent, for successful 

completion; and 

(2) The program of training and other 

services the child needs, based upon 

VA’s evaluation, will not exceed 24 

months or the part-time equivalent. In 

calculating the proposed program’s 

length, the CP or VRC will follow the 

procedures in § 21.8074(a).

(Authority: 38 U.S.C. 1804(d), 1814)

(f) Required selection of an 

appropriate vocational goal. If the total 

period the child would require for 

completion of an initial vocational 

training program in paragraph (e) of this 

section is more than 24 months, or the 

part-time equivalent, the CP or VRC 

must work with the child to select 

another suitable initial vocational goal.

(Authority: 38 U.S.C. 1804(d)(2), 1814)

§ 21.8072 Authorizing training, services, 

and assistance beyond the initial 

individualized written plan of vocational 

rehabilitation. 

(a) Extension of the duration of a 

vocational training program. VA may 

authorize an extension of a vocational 

training program when necessary to 

provide additional training, services, 

and assistance to enable the child to 

achieve the vocational or employment 

goal identified before the end of the 

child’s basic entitlement period, as 

stated in the individualized written plan 

of vocational rehabilitation under 

§ 21.8080. A change from one 

occupational objective to another in the 

same field or occupational family meets 

the criterion for prior identification in 

the individualized written plan of 

vocational rehabilitation.

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 221

(Authority: 38 U.S.C. 1804(d)(2), (e)(2), 1814)

(b) Extensions for prior participants in 

the program. (1) Except as paragraph 

(b)(2) of this section provides, VA may 

authorize additional training, limited to 

the use of remaining program 

entitlement including any allowable 

extension, for an eligible child who 

previously participated in vocational 

training under this subpart. The 

additional training must: 

(i) Be designed to enable the child to 

complete the prior vocational goal or a 

different vocational goal; and 

(ii) Meet the same provisions as apply 

to training for new participants. 

(2) An eligible child who has 

previously achieved a vocational goal in 

a vocational training program under this 

subpart may not receive additional 

training under paragraph (b)(1) of this 

section unless a CP or VRC sets aside 

the child’s achievement of that 

vocational goal under § 21.8284.

(Authority: 38 U.S.C. 1804(b) through (e), 

1814)

(c) Responsibility for authorizing a 

program extension. A CP or VRC may 

approve extensions of the vocational 

training program the child is pursuing 

up to the maximum program limit of 48 

months if the CP or VRC determines that 

the child needs the additional time to 

successfully complete training and 

obtain employment, and the following 

conditions are met: 

(1) The child has completed more 

than half of the planned training; and 

(2) The child is making satisfactory 

progress.

(Authority: 38 U.S.C. 1804(d)(2), 1814)

§ 21.8074 Computing the period for 

vocational training program participation. 

(a) Computing the participation 

period. To compute the number of 

months and days of an eligible child’s 

participation in a vocational training 

program: 

(1) Count the number of actual 

months and days of the child’s: 

(i) Pursuit of vocational education or 

training; 

(ii) Receipt of extended evaluationtype services and training, or services 

and training to enable the child to 

prepare for vocational training or 

employment, if a veteran in a 38 U.S.C. 

chapter 31 program would have 

received a subsistence allowance while 

receiving the same type of services and 

training; and 

(iii) Receipt of employment and postemployment services (any period of 

employment or post-employment 

services is considered full-time program 

pursuit). 

(2) Do not count: 

(i) The initial evaluation period; 

(ii) Any period before the child enters 

a vocational training program under this 

subpart; 

(iii) Days of authorized leave; and 

(iv) Other periods during which the 

child does not pursue training, such as 

periods between terms. 

(3) Convert part-time training periods 

to full-time equivalents. 

(4) Total the months and days under 

paragraphs (a)(1) and (a)(3) of this 

section. This sum is the period of the 

child’s participation in the program.

(Authority: 38 U.S.C. 1804(d), 1814)

(b) Consistency with principles for 

charging entitlement. Computation of 

the program participation period under 

this section will be consistent with the 

principles for charging entitlement 

under § 21.8020.

(Authority: 38 U.S.C. 1804(d), 1814)

Individualized Written Plan of 

Vocational Rehabilitation

§ 21.8080 Requirement for an 

individualized written plan of vocational 

rehabilitation. 

(a) General. A CP or VRC will work 

in consultation with each child for 

whom a vocational goal is feasible to 

develop an individualized written plan 

of vocational rehabilitation services and 

assistance to meet the child’s vocational 

training needs. The CP or VRC will 

develop this individualized written plan 

of vocational rehabilitation in a manner 

comparable to the rules governing the 

development of an individualized 

written rehabilitation plan (IWRP) for a 

veteran for 38 U.S.C. chapter 31 

purposes, as §§ 21.80, 21.84, 21.88, 

21.90, 21.92, 21.94 (a) through (d), and 

21.96 provide.

(Authority: 38 U.S.C. 1804(b), 1814)

(b) Selecting the type of training to 

include in the individualized written 

plan of vocational rehabilitation. If 

training is necessary, the CP or VRC will 

explore a range of possibilities, to 

include paid and unpaid on-job 

training, institutional training, and a 

combination of on-job and institutional 

training to accomplish the goals of the 

program. Generally, an eligible child’s 

program should include on-job training, 

or a combination of on-job and 

institutional training, when this 

training: 

(1) Is available; 

(2) Is as suitable as using only 

institutional training for accomplishing 

the goals of the program; and 

(3) Will meet the child’s vocational 

training program needs.

(Authority: 38 U.S.C. 1804(b), (c), 1814)

§ 21.8082 Inability of child to complete 

individualized written plan of vocational 

rehabilitation or achieve vocational goal. 

(a) Inability to timely complete an 

individualized written plan of 

vocational rehabilitation or achieve 

identified goal. After a vocational 

training program has begun, the VR&E 

case manager may determine that the 

eligible child cannot complete the 

vocational training program described 

in the child’s individualized written 

plan of vocational rehabilitation within 

the time limits of the individualized 

written plan of vocational rehabilitation 

or cannot achieve the child’s identified 

vocational goal. Subject to paragraph (b) 

of this section, VR&E may assist the 

child in revising or selecting a new 

individualized written plan of 

vocational rehabilitation or goal. 

(b) Allowable changes in the 

individualized written plan of 

vocational rehabilitation or goal. Any 

change in the eligible child’s 

individualized written plan of 

vocational rehabilitation or vocational 

goal is subject to the child’s continuing 

eligibility under the vocational training 

program and the provisions governing 

duration of a vocational training 

program in §§ 21.8020(e) and 21.8070 

through 21.8074.

(Authority: 38 U.S.C. 1804(d), 1804(e), 1814)

(c) Change in the individualized 

written plan of vocational rehabilitation 

or vocational goal. (1) The 

individualized written plan of 

vocational rehabilitation or vocational 

goal may be changed under the same 

conditions as provided for a veteran 

under § 21.94 (a) through (d), and 

subject to § 21.8070 (d) through (f), if: 

(i) The CP or VRC determines that 

achievement of a vocational goal is still 

reasonably feasible and that the new 

individualized written plan of 

vocational rehabilitation or goal is 

necessary to enable the eligible child to 

prepare for and participate in vocational 

training or employment; and 

(ii) Reentrance is authorized under 

§ 21.8284 in a case when the child has 

completed a vocational training program 

under this subpart. 

(2) A CP or VRC may approve a 

change of vocational goal from one field 

or occupational family to another field 

or occupational family if the child can 

achieve the new goal: 

(i) Before the end of the basic 24-

month entitlement period that 

§ 21.8020(e)(1) describes; or 

(ii) Before the end of any allowable 

extension under §§ 21.8020(e)(2) and 

21.8072 if the new vocational goal in 

222 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

another field or occupational family was 

identified during the basic 24-month 

entitlement period. 

(3) A change from one occupational 

objective to another in the same field or 

occupational family does not change the 

planned vocational goal. 

(4) The child must have sufficient 

remaining entitlement to pursue the 

new individualized written plan of 

vocational rehabilitation or goal, as 

§ 21.8020 provides.

(Authority: 38 U.S.C. 1804(d), 1814)

(d) Assistance if child terminates 

planned program before completion. If 

the eligible child elects to terminate the 

planned vocational training program, he 

or she will receive the assistance that 

§ 21.80(d) provides in identifying other 

resources through which to secure the 

desired training or employment.

(Authority: 38 U.S.C. 1804(c), 1814)

Counseling

§ 21.8100 Counseling. 

An eligible child requesting or 

receiving services and assistance under 

this subpart will receive professional 

counseling by VR&E and other qualified 

VA staff members, and by contract 

counseling providers, as necessary, in a 

manner comparable to VA’s provision of 

these services to veterans under the 38 

U.S.C. chapter 31 program, as §§ 21.100 

and 21.380 provide.

(Authority: 38 U.S.C. 1803(c)(8), 1804(c), 

1814)

Vocational Training, Services, and 

Assistance

§ 21.8120 Vocational training, services, 

and assistance. 

(a) Purposes. An eligible child may 

receive training, services, and assistance 

to enable the child to prepare for and 

participate in vocational training or 

employment.

(Authority: 38 U.S.C. 1804(b), (c), 1814)

(b) Training permitted. VA and the 

child will select vocationally oriented 

courses of study and training, 

completion of which usually results in 

a diploma, certificate, degree, 

qualification for licensure, or direct 

placement in employment. The 

educational and training services to be 

provided include: 

(1) Remedial, deficiency, and 

refresher training; and 

(2) Training that leads to an 

identifiable vocational goal. Under this 

program, VA may authorize all forms of 

programs that §§ 21.122 through 21.132 

describe. This includes education and 

training programs in institutions of 

higher education. VA may authorize the 

education and training at an 

undergraduate or graduate degree level, 

only if the degree program is 

predominantly vocational in nature. For 

an eligible child to participate in a 

graduate degree program, the graduate 

degree must be a requirement for entry 

into the child’s vocational goal. For 

example, a master’s degree is required to 

engage in social work. The program of 

training is predominantly vocational in 

content if the majority of the instruction 

provides the technical skills and 

knowledge employers generally regard 

as specific to, and required for, entry 

into the child’s vocational goal. 

(c) Cost of education and training 

services. The CP or VRC will consider 

the cost of training in selecting a facility 

when: 

(1) There is more than one facility in 

the area in which the child resides that: 

(i) Meets the requirements for 

approval under §§ 21.290 through 

21.298 (except as provided by 

§ 21.8286(b)), 

(ii) Can provide the training, services 

and other supportive assistance the 

child’s individualized written plan of 

vocational rehabilitation specifies, and 

(iii) Is within reasonable commuting 

distance; or 

(2) The child wishes to train at a 

suitable facility in another area, even 

though a suitable facility in the area 

where the child lives can provide the 

training. In considering the costs of 

providing training in this case, VA will 

use the provisions of § 21.120 (except 

21.120(a)(3)), § 21.370 (however, the 

words ‘‘under § 21.282’’ in 

§ 21.370(b)(2)(iii)(B) do not apply), and 

§ 21.372 in a manner comparable to that 

for veterans under the 38 U.S.C. chapter 

31 program.

(Authority: 38 U.S.C. 1804(b), (c), 1814)

(d) Accessible courses not locally 

available. If suitable vocational training 

courses are not available in the area in 

which the child lives, or if they are 

available but not accessible to the child, 

VA may make other arrangements. 

These arrangements may include, but 

are not limited to: 

(1) Transportation of the child, but 

not the child’s family, personal effects, 

or household belongings, to another area 

where necessary services are available; 

or 

(2) Use of an individual instructor to 

provide necessary training in a manner 

comparable to that for veterans under 

the 38 U.S.C. chapter 31 program, as 

§ 21.146 describes.

(Authority: 38 U.S.C. 1804(b), (c), 1814)

Evaluation and Improvement of 

Vocational Potential

§ 21.8140 Evaluation and improvement of 

vocational potential. 

(a) General. A CP or VRC may use the 

services that paragraph (d) of this 

section describes to: 

(1) Evaluate vocational training and 

employment potential; 

(2) Provide a basis for planning: 

(i) A program of services and 

assistance to improve the eligible child’s 

preparation for vocational training and 

employment; or 

(ii) A vocational training program; 

(3) Reevaluate the vocational training 

feasibility of an eligible child 

participating in a vocational training 

program; and 

(4) Remediate deficiencies in the 

child’s basic capabilities, skills, or 

knowledge to give the child the ability 

to participate in vocational training or 

employment.

(Authority: 38 U.S.C. 1804(b), 1814)

(b) Periods when evaluation and 

improvement services may be provided.

A CP or VRC may authorize the services 

described in paragraph (d) of this 

section, except those in paragraph (d)(4) 

of this section, for delivery during: 

(1) An initial or extended evaluation; 

or 

(2) Pursuit of a vocational training 

program.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Duration of services. The duration 

of services needed to improve 

vocational training and employment 

potential, furnished on a full-time basis 

either as a preliminary part or all of a 

vocational training program, may not 

exceed 9 months. If VA furnishes these 

services on a less than full-time basis, 

the duration will be for the period 

necessary, but may not exceed the 

equivalent of 9 months of full-time 

training.

(Authority: 38 U.S.C. 1804(c), 1814)

(d)Scope of services. Evaluation and 

improvement services include: 

(1) Diagnostic services; 

(2) Personal and work adjustment 

training; 

(3) Referral for medical care and 

treatment for the spina bifida, covered 

birth defects, or related conditions; 

(4) Vocationally oriented independent 

living services indispensable to 

pursuing a vocational training program; 

(5) Language training, speech and 

voice correction, training in ambulation, 

and one-hand typewriting; 

(6) Orientation, adjustment, mobility 

and related services; and 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 223

(7) Other appropriate services to assist 

the child in functioning in the proposed 

training or work environment.

(Authority: 38 U.S.C. 1804(c), 1814)

(e) Applicability of chapter 31 rules 

on special rehabilitation services. The 

provisions of § 21.140 do not apply to 

this subpart. Subject to the provisions of 

this subpart, the following provisions 

apply to the vocational training program 

under this subpart in a manner 

comparable to that for veterans under 

the 38 U.S.C. chapter 31 program: 

§ 21.142(a) and (b); § 21.144; § 21.146; 

§ 21.148(a) and (c); § 21.150 other than 

paragraph (b); § 21.152 other than 

paragraph (b); § 21.154 other than 

paragraph (b); and § 21.156.

(Authority: 38 U.S.C. 1804(c), 1814)

Supplies

§ 21.8210 Supplies. 

(a) Purpose of furnishing supplies. VA 

will provide the child with the supplies 

that the child needs to pursue training, 

to obtain and maintain employment, 

and otherwise to achieve the goal of his 

or her vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Types of supplies. VA may provide 

books, tools, and other supplies and 

equipment that VA determines are 

necessary for the child’s vocational 

training program and are required by 

similarly circumstanced veterans 

pursuing such training under 38 U.S.C. 

chapter 31.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Periods during which VA may 

furnish supplies. VA may provide 

supplies to an eligible child receiving: 

(1) An initial or extended evaluation; 

(2) Vocational training, services, and 

assistance to reach the point of 

employability; or 

(3) Employment services.

(Authority: 38 U.S.C. 1804(c), 1814)

(d) Other rules. The provisions of 

§§ 21.212 through 21.224 apply to 

children pursuing a vocational training 

program under this subpart in a 

comparable manner as VA provides 

supplies to veterans under 38 U.S.C. 

chapter 31, except the following 

portions: 

(1) Section 21.216(a)(3) pertaining to 

special modifications, including 

automobile adaptive equipment; 

(2) Section 21.220(a)(1) pertaining to 

advancements from the revolving fund 

loan; 

(3) Section 21.222(b)(1)(x) pertaining 

to discontinuance from an independent 

living services program.

(Authority: 38 U.S.C. 1804(c), 1814)

Program Costs

§ 21.8260 Training, services, and 

assistance costs. 

The provisions of § 21.262 pertaining 

to reimbursement for training and other 

program costs apply, in a comparable 

manner as provided under the 38 U.S.C. 

chapter 31 program for veterans, to 

payments to facilities, vendors, and 

other providers for training, supplies, 

and other services they deliver under 

this subpart.

(Authority: 38 U.S.C. 1804(c), 1814)

Vocational Training Program Entrance, 

Termination, and Resources

§ 21.8280 Effective date of induction into a 

vocational training program. 

Subject to the limitations in § 21.8022, 

the date an eligible child is inducted 

into a vocational training program will 

be the date the child first begins to 

receive training, services, or assistance 

under an individualized written plan of 

vocational rehabilitation.

(Authority: 38 U.S.C. 1804(c), (d), 1814)

§ 21.8282 Termination of a vocational 

training program. 

A case manager may terminate a 

vocational training program under this 

subpart for cause, including lack of 

cooperation, failure to pursue the 

individualized written plan of 

vocational rehabilitation, fraud, 

administrative error, or finding that the 

child no longer has a covered birth 

defect. An eligible child for whom a 

vocational goal is reasonably feasible 

remains eligible for the program subject 

to the rules of this subpart unless the 

child’s eligibility for or entitlement to a 

vocational training program under this 

subpart resulted from fraud or 

administrative error or unless VA finds 

the child no longer has a covered birth 

defect. The effective date of termination 

will be the earliest of the following 

applicable dates: 

(a) Fraud. If an eligible child 

establishes eligibility for or entitlement 

to benefits under this subpart through 

fraud, VA will terminate the award of 

vocational training and rehabilitation as 

of the date VA first began to pay 

benefits. 

(b) Administrative error. If an eligible 

child who is not entitled to benefits 

under this subpart receives those 

benefits through VA administrative 

error, VA will terminate the award of 

benefits as of the first day of the 

calendar month beginning at least 60 

days after notifying the child of the 

proposed termination. This 60-day 

period may not result in the entrance of 

the child into a new quarter, semester, 

or other term of training unless VA has 

already obligated payment for the 

training. 

(c) Change in status as an eligible 

child with a covered birth defect. If VA 

finds that a child no longer has a 

covered birth defect, VA will terminate 

the award of benefits effective the last 

day of the month in which such 

determination becomes final. 

(d) Lack of cooperation or failure to 

pursue individualized written plan of 

vocational rehabilitation. If reasonable 

VR&E efforts to motivate an eligible 

child do not resolve a lack of 

cooperation or failure to pursue an 

individualized written plan of 

vocational rehabilitation, VA will 

terminate the award of benefits as of the 

first day of the calendar month 

beginning at least 60 days after notifying 

the child of the proposed termination. 

This 60-day period may not result in the 

entrance of the child into a new quarter, 

semester, or other term of training. VA 

will deobligate payment for training in 

the new quarter, semester, or other term 

of training.

(Authority: 38 U.S.C. 1804, 1814)

§ 21.8284 Additional vocational training. 

VA may provide an additional period 

of training or services under a 

vocational training program to an 

eligible child who has completed 

training for a vocational goal and/or 

been suitably employed under this 

subpart, if the child is otherwise eligible 

and has remaining program entitlement 

as provided in § 21.8072(b), only under 

one of the following conditions: 

(a) Current facts, including any 

relevant medical findings, establish that 

the child’s disability has worsened to 

the extent that he or she can no longer 

perform the duties of the occupation 

which was the child’s vocational goal 

under this subpart; 

(b) The occupation that was the 

child’s vocational goal under this 

subpart is now unsuitable; 

(c) The vocational training program 

services and assistance the child 

originally received are now inadequate 

to make the child employable in the 

occupation which he or she sought to 

achieve; 

(d) Experience has demonstrated that 

VA should not reasonably have 

expected employment in the objective 

or field for which the child received 

vocational training program services 

and assistance; or 

(e) Technological change that 

occurred after the child achieved a 

vocational goal under this subpart now 

prevents the child from: 

(1) Performing the duties of the 

occupation for which VA provided 

224 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

training, services, or assistance, or in a 

related occupation; or 

(2) Securing employment in the 

occupation for which VA provided 

training, services, or assistance, or in a 

related occupation.

(Authority: 38 U.S.C. 1804(c), 1814)

§ 21.8286 Training resources. 

(a) Applicable 38 U.S.C. chapter 31 

resource provisions. The provisions of 

§ 21.146 and §§ 21.290 through 21.298 

apply to children pursuing a vocational 

training program under this subpart in 

a comparable manner as for veterans 

under the 38 U.S.C. chapter 31 program, 

except as paragraph (b) of this section 

specifies.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Limitations. The provisions of 

§ 21.294(b)(1)(i) and (b)(1)(ii) pertaining 

to independent living services do not 

apply to this subpart. The provisions of 

§ 21.294(b)(1)(iii) pertaining to 

authorization of independent living 

services as a part of an individualized 

written plan of vocational rehabilitation 

apply to children under this subpart in 

a comparable manner as for veterans 

under the 38 U.S.C. chapter 31 program 

only to the extent § 21.8050 allows.

(Authority: 38 U.S.C. 1804(c), 1814)

Rate of Pursuit

§ 21.8310 Rate of pursuit. 

(a) General requirements. VA will 

approve an eligible child’s pursuit of a 

vocational training program at a rate 

consistent with his or her ability to 

successfully pursue training, 

considering: 

(1) Effects of his or her disability; 

(2) Family responsibilities; 

(3) Travel; 

(4) Reasonable adjustment to training; 

and 

(5) Other circumstances affecting the 

child’s ability to pursue training.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Continuous pursuit. An eligible 

child should pursue a program of 

vocational training with as little 

interruption as necessary, considering 

the factors in paragraph (a) of this 

section.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Responsibility for determining the 

rate of pursuit. VR&E staff members will 

consult with the child when 

determining the rate and continuity of 

pursuit of a vocational training program. 

These staff members will also confer 

with the medical consultant and the 

Vocational Rehabilitation Panel 

described in §§ 21.60 and 21.62, as 

necessary. This rate and continuity of 

pursuit determination will occur during 

development of the individualized 

written plan of vocational rehabilitation, 

but may change later, as necessary to 

enable the child to complete training.

(Authority: 38 U.S.C. 1804(c), 1814)

(d) Measurement of training time 

used. VA will measure the rate of 

pursuit in a comparable manner to rate 

of pursuit measurement under § 21.310 

for veterans under the 38 U.S.C. chapter 

31 program.

(Authority: 38 U.S.C. 1804(c), 1814)

Authorization of Services

§ 21.8320 Authorization of services. 

The provisions of § 21.326, pertaining 

to the commencement and termination 

dates of a period of employment 

services, apply to children under this 

subpart in a manner comparable to that 

provided for veterans under the 38 

U.S.C. chapter 31 program. References 

in that section to an individualized 

employment assistance plan or IEAP are 

considered as referring to the child’s 

individualized written plan of 

vocational rehabilitation under this 

subpart.

(Authority: 38 U.S.C. 1804(c), 1814)

Leaves of Absence

§ 21.8340 Leaves of absence. 

(a) Purpose of leave of absence. The 

purpose of the leave system is to enable 

the child to maintain his or her status 

as an active program participant.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Basis for leave of absence. The 

VR&E case manager may grant the child 

leaves of absence for periods during 

which the child fails to pursue a 

vocational training program. For 

prolonged periods of absence, the VR&E 

case manager may approve leaves of 

absence only if the case manager 

determines the child is unable to pursue 

a vocational training program through 

no fault of the child.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Effect on entitlement. During a 

leave of absence, the running of the 

basic 24-month period of entitlement, 

plus any extensions thereto, shall be 

suspended until the child resumes the 

program.

(Authority: 38 U.S.C. 1804(c), 1814)

Satisfactory Conduct and Cooperation

§ 21.8360 Satisfactory conduct and 

cooperation. 

The provisions for satisfactory 

conduct and cooperation in §§ 21.362 

and 21.364, except as otherwise 

provided in this section, apply to 

children under this subpart in a manner 

comparable to the way they apply to 

veterans under the 38 U.S.C. chapter 31 

program. If an eligible child fails to meet 

these requirements for satisfactory 

conduct or cooperation, the VR&E case 

manager will terminate the child’s 

vocational training program. VA will 

not grant an eligible child reentrance to 

a vocational training program unless the 

reasons for unsatisfactory conduct or 

cooperation have been removed.

(Authority: 38 U.S.C. 1804(c), 1814)

Transportation Services

§ 21.8370 Authorization of transportation 

services. 

(a) General. VA will authorize 

transportation services necessary for an 

eligible child to pursue a vocational 

training program. The sections in 

subpart A of this part that are referred 

to in this paragraph apply to children 

under this subpart in a manner 

comparable to the way they apply to 

veterans under the 38 U.S.C. chapter 31 

program. Transportation services 

include: 

(1) Transportation for evaluation or 

counseling under § 21.376; 

(2) Intraregional travel under § 21.370 

(except that assurance that the child 

meets all basic requirements for 

induction into training will be 

determined without regard to the 

provisions of § 21.282) and interregional 

travel under § 21.372; 

(3) Special transportation allowance 

under § 21.154; and 

(4) Commuting to and from training 

and while seeking employment, subject 

to paragraphs (c) and (d) of this section.

(Authority: 38 U.S.C. 1804(c), 1814)

(b) Reimbursement. For transportation 

services that VA authorizes, VA will 

normally pay in arrears and in the same 

manner as tuition, fees, and other 

services under this program.

(Authority: 38 U.S.C. 1804(c), 1814)

(c) Payment for commuting expenses 

for training and seeking employment.

VA may pay for transportation during 

the period of vocational training and the 

first 3 months the child receives 

employment services. VA may 

reimburse the child’s costs, not to 

exceed $200 per month, of commuting 

to and from training and seeking 

employment if he or she requests this 

assistance and VA determines, after 

careful examination of the child’s 

situation and subject to the limitations 

in paragraph (d) of this section, that the 

child would be unable to pursue 

training or employment without this 

assistance. VA may: 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 225

(1) Reimburse the facility at which the 

child is training if the facility provided 

transportation or related services; or 

(2) Reimburse the child for his or her 

actual commuting expense if the child 

paid for the transportation.

(Authority: 38 U.S.C. 1804(c), 1814)

(d) Limitations. Payment of 

commuting expenses under paragraph 

(a)(4) of this section may not be made 

for any period when the child: 

(1) Is gainfully employed; 

(2) Is eligible for, and entitled to, 

payment of commuting costs through 

other VA and non-VA programs; or 

(3) Can commute to school with 

family, friends, or fellow students.

(Authority: 38 U.S.C. 1804(c), 1814)

(e) Documentation. VA must receive 

supportive documentation with each 

request for reimbursement. The 

individualized written plan of 

vocational rehabilitation will specify 

whether VA will pay monthly or at a 

longer interval.

(Authority: 38 U.S.C. 1804(c), 1814)

(f) Nonduplication. An eligible child 

eligible for reimbursement of 

transportation services both under this 

section and under § 21.154 will receive 

only the benefit under § 21.154.

(Authority: 38 U.S.C. 1804(c), 1814)

Additional Applicable Regulations

§ 21.8380 Additional applicable 

regulations. 

The following regulations are 

applicable to children in this program in 

a manner comparable to that provided 

for veterans under the 38 U.S.C. chapter 

31 program: §§ 21.380, 21.412, 21.414 

(except paragraphs (c), (d), and (e)), 

21.420, and 21.430.

(Authority: 38 U.S.C. 1804, 1814, 5112)

Delegation of Authority

§ 21.8410 Delegation of authority. 

The Secretary delegates authority for 

making findings and decisions under 38 

U.S.C. 1804 and 1814 and the applicable 

regulations, precedents, and 

instructions for the program under this 

subpart to the Under Secretary for 

Benefits and to VR&E supervisory or 

non-supervisory staff members.

(Authority: 38 U.S.C. 512(a), 1804, 1814)

[FR Doc. 01–31675 Filed 12–31–01; 8:45 am] 

BILLING CODE 8320–01–P