Veterans' Training: Time Limit for Submitting Certifications under the Service Members Occupational Conversion and Training Act

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI85

Veterans' Training: Time Limit for Submitting Certifications

under the Service Members Occupational Conversion and Training Act

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the training assistance and training

benefit regulations of the Department of Veterans Affairs (VA). It

places deadlines for submitting the certifications needed for both

periodic payments and lump-sum deferred-incentive payments under the

Service Members Occupational Conversion and Training Act (SMOCTA).

Since the Act has a sunset provision, all work for which payments are

due has been completed. This final rule allows VA to close the

administration of SMOCTA.

DATES: Effective Date: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education

Adviser, Education Service, Veterans Benefits Administration, 202-273-

7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal

Register on November 10, 1997 (62 FR 60464), VA proposed to amend the

``Administration of Educational Assistance Programs'' regulations that

are set forth in 38 CFR 21.4001 et seq. VA proposed placing two-year

deadlines for submitting the certifications required for both periodic

payments and lump-sum deferred-incentive payments under the Service

Members Occupational Conversion and Training Act (SMOCTA), 10 U.S.C.

1143 note.

Interested parties were given 60 days to submit comments. VA

received no comments. Accordingly, based on the rationale set forth in

the proposed rule document, we are adopting the provisions of the

proposed rule as a final rule.

The Secretary of Veterans Affairs hereby certifies that this final

rule will not have a significant economic impact on a substantial

number of small entities as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601-612. The final rule will affect some

small entities. However, the effect of the final rule, requiring

employers to submit certifications within two years of the end of

SMOCTA training, would not impose any additional costs on the employer.

Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is exempt from

the initial and final regulatory flexibility analyses requirements of

sections 603 and 604.

No Catalog of Federal Domestic Assistance number has been assigned

to the program affected by this final rule.

List of Subjects in 38 CFR Part 21

Administrative practice and procedure, Armed forces, Civil rights,

Claims, Colleges and universities, Conflict of interests, Defense

Department, Education, Employment, Grant programs--education, Grant

programs--veterans, Health care, Loan programs--education, Loan

programs--veterans, Manpower training programs, Reporting and

recordkeeping requirements, Educational institutions, Travel and

transportation expenses, Veterans, Vocational education, Vocational

rehabilitation.

Approved: May 5, 1998.

Togo D. West, Jr.,

Acting Secretary.

For the reasons set forth in the preamble, 38 CFR part 21 (subpart

F-3) is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart F-3--Service Members Occupational Conversion and Training

Program

1. The authority for part 21, subpart F-3 continues to read as

follows:

Authority: 10 U.S.C. 1143 note; sec. 4481-4487, Pub. L. 102-484,

106 Stat. 2757-2769; sec. 610, Pub. L. 103-446, 108 Stat. 4673-4674,

unless otherwise noted.

2. In Sec. 21.4832, paragraphs (e)(3) and (e)(4) are added to read

as follows:

Sec. 21.4832 Payments to employers.

* * * * * *

(e) * * *

(3) VA will not release any periodic payments for training provided

by an employer if VA receives the employer's certification for that

training after September 30, 1999.

(4) VA will not release any lump sum deferred incentive payment if

VA receives either the veteran's or employer's certification required

for that payment after January 31, 2000.

(Authority: 106 Stat. 2762, Pub. L. 102-484, sec. 4487(b); 10 U.S.C.

1143, note)

[FR Doc. 98-12633 Filed 5-12-98; 8:45 am]

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