Published Interim Final Rule

sradovich on DSK3GMQ082PROD with RULES

9208

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations

(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This final regulatory action is not a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this final regulatory
action only on a reasoned determination
that its benefits justify its costs. In
choosing among alternative regulatory

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that these final
regulations are consistent with the
principles in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. Because the rescission
of these regulations comports with
statutory changes that have already
taken effect, this action will not result
in any additional costs or benefits.
Under Executive Order 13771, for
each new regulation that the
Department proposes for notice and
comment or otherwise promulgates that
is a significant regulatory action under
Executive Order 12866 and that imposes
total costs greater than zero, it must
identify two deregulatory actions. For
FY 2018, any new incremental costs
associated with a new regulation must
be fully offset by the elimination of
existing costs through deregulatory
actions. Because this final rule is not a
significant regulatory action, the
requirement to offset new regulations in
Executive Order 13771 does not apply.
Regulatory Flexibility Act Certification
The Secretary certifies that these
regulations will not have a significant
economic impact on a substantial
number of small entities. As detailed
above, this regulatory action merely
removes outdated regulations from the
Code of Federal Regulations and
imposes no costs.
Paperwork Reduction Act of 1995
These regulations do not contain any
information collection requirements.
Intergovernmental Review
This program is subject to Executive
Order 12372 and the regulations in 34
CFR part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations via the
Federal Digital System at: www.gpo.gov/

PO 00000

Frm 00074

Fmt 4700

Sfmt 4700

fdsys. At this site you can view this
document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
List of Subjects in 34 CFR Part 230
Armed forces, Education, Elementary
and secondary education, Teachers,
Vocational education.
Dated: February 28, 2018.
Margo Anderson,
Acting Assistant Deputy Secretary for
Innovation and Improvement.

PART 230—[REMOVED]
For the reasons discussed in the
preamble, and under the authority of
section 414 of the Department of
Education Organization Act, 20 U.S.C.
3474, the Secretary removes 34 CFR part
230.

■

[FR Doc. 2018–04437 Filed 3–2–18; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AQ01

Reimbursement of Qualifying Adoption
Expenses for Certain Veterans
Department of Veterans Affairs.
Interim final rule.

AGENCY:
ACTION:

The Department of Veterans
Affairs (VA) amends its regulation to
provide for reimbursement of qualifying
adoption expenses incurred by a veteran
with a service-connected disability that
results in the inability of the veteran to
procreate without the use of fertility
treatment. Under the Continuing
Appropriations and Military
Construction, Veterans Affairs, and
Related Agencies Appropriations Act,
2017, and Zika Response and
Preparedness Act, VA may use funds
appropriated or otherwise made
available to VA for the ‘‘Medical
Services’’ account to provide adoption
reimbursement to these veterans. Under
the law, reimbursement may be for the
adoption-related expenses for an

SUMMARY:

E:\FR\FM\05MRR1.SGM

05MRR1

sradovich on DSK3GMQ082PROD with RULES

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
adoption that is finalized after the date
of the enactment of this Act under the
same terms as apply under the adoption
reimbursement program of the
Department of Defense (DoD), as
authorized in DoD Instruction 1341.09,
including the reimbursement limits and
requirements set forth in such
instruction. This rulemaking
implements the new adoption
reimbursement benefit for covered
veterans.
DATES:
Effective date: This rule is effective on
March 5, 2018.
Comment date: Comments must be
received on or before May 4, 2018.
ADDRESSES: Written comments may be
submitted by email through
www.regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Room 1068, Washington,
DC 20420; or by fax to (202) 273–9026.
(This is not a toll-free number.)
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AQ01—reimbursement of qualifying
adoption expenses for certain veterans.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1068, between the
hours of 8 a.m. and 4:30 p.m. Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Patricia M. Hayes, Ph.D. Chief
Consultant, Women’s Health Services,
Patient Care Services, Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW,
Washington, DC 20420. (202) 461–0373.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section
260 of the Continuing Appropriations
and Military Construction, Veterans
Affairs, and Related Agencies
Appropriations Act, 2017, and Zika
Response and Preparedness Act (Pub.
L.114–223) allows VA to use
appropriated funds available to VA for
the Medical Services account to provide
fertility counseling and treatment using
assisted reproductive technology (ART)
to a covered veteran or the spouse of a
covered veteran, or adoption
reimbursement to a covered veteran. On
January 19, 2017, VA published an
interim final rule at 82 FR 6275
addressing fertility counseling and
treatment using ART, including in vitro

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

fertilization (IVF) (which is a type of
ART), for both covered veterans and
spouses. We now address
reimbursement of qualifying adoption
expenses in this rulemaking.
Per the statute, veterans with a
service-connected disability that results
in the inability of the veteran to
procreate without the use of fertility
treatment are authorized to receive
reimbursement for certain adoptionrelated expenses for an adoption that is
finalized after September 29, 2016, (the
date the law was enacted) under the
same terms as apply under the adoption
reimbursement program of DoD, as
authorized in DoD Instruction 1341.09,
including the reimbursement limits and
requirements set forth in that DoD
policy. DoD Instruction 1341.09, ‘‘DoD
Adoption Reimbursement Policy’’ (July
5, 2016) establishes policy, assigns
responsibilities within DoD, and
provides procedures for the
reimbursement of qualifying adoption
expenses incurred by members of the
Military Services (including document
submission requirements) pursuant to
10 U.S.C. 1052. That statute was enacted
in 1991 and establishes the parameters
of DoD’s adoption reimbursement
program. VA amends part 17 by adding
new section 17.390 to provide for
reimbursement of qualifying adoption
expenses to covered veterans, consistent
with the policies and procedures
established by DoD in implementing 10
U.S.C. 1052.
Paragraph (a) of new § 17.390
addresses general requirements for
reimbursement. Except as noted, all of
these requirements are terms of the
adoption reimbursement program of
DoD, as authorized in DoD Instruction
1341.09. A covered veteran may request
reimbursement for qualifying adoption
expenses incurred by the veteran in the
adoption of a child under 18 years of
age. To clarify the scope of adoptions
that are contemplated, we state that
reimbursement for qualifying adoption
expenses includes expenses for an
adoption by a married or single person,
an infant adoption, an intercountry
adoption, and an adoption of a child
with special needs as defined in section
473(c) of the Social Security Act (42
U.S.C. 673(c)). A ‘‘special needs’’ child
is generally assessed by considering
whether the child has a specific factor
or condition that prevents the child
from being placed with adoptive parents
without adoption assistance or medical
assistance; or whether the child
qualifies for disability supplemental
security income benefits; and whether a
reasonable, but unsuccessful, effort was
made to place the child with adoptive
parents without adoption assistance or

PO 00000

Frm 00075

Fmt 4700

Sfmt 4700

9209

medical assistance. Specific factors or
conditions include the child’s ethnic
background, age, membership in a
minority or sibling group, or the
presence of factors such as medical
conditions or physical, mental or
emotional disabilities. In accordance
with section 260 of Public Law 114–223,
reimbursement for qualifying adoption
expenses may be requested only for an
adoption that became final after
September 29, 2016, the date Public
Law 114–223 was enacted. In addition,
the application for reimbursement must
be submitted no later than 2 years after
the adoption is final or, in the case of
adoption of a foreign child, no later than
2 years from the date a certificate of
United States citizenship is issued. In
the case of adoption of a foreign child,
reimbursement for qualifying adoption
expenses may be requested only after
United States citizenship has been
granted to the adopted child. VA will
not provide reimbursement for
qualifying adoption expenses for any
expense paid to or for a covered veteran
under any other adoption benefits
program administered by the Federal
Government or under any such program
administered by a State or local
government.
In paragraph (b) of new § 17.390,
based on the terms in DoD Instruction
1341.09, we address limitations on the
amount of reimbursement for qualifying
adoption expenses that a covered
veteran, or two covered veterans who
are spouses, may receive per adopted
child, and the maximum amount that
may be paid to such veterans in any
calendar year. No more than $2,000 may
be reimbursed to a covered veteran, or
to two covered veterans who are
spouses of each other, for expenses
incurred in the adoption of a child. In
the case of two married covered
veterans, only one spouse may claim
reimbursement for any one adoption. No
more than $5,000 may be paid under
this section to a covered veteran in any
calendar year. In the case of two married
covered veterans, the couple is limited
to a maximum of $5,000 per calendar
year.
Relevant definitions are found in
paragraph (c) of new § 17.390. The term
‘‘covered veteran’’ is defined as it is in
section 260 of Public Law 114–223: A
veteran with a service-connected
disability that results in the inability of
the veteran to procreate without the use
of fertility treatment. The additional
restrictions on the eligibility of covered
veterans in § 17.380(a)(2) were required
to implement the term ‘‘assisted
reproductive technology’’ as defined in
section 260(b)(3) of Public Law 114–

E:\FR\FM\05MRR1.SGM

05MRR1

sradovich on DSK3GMQ082PROD with RULES

9210

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations

223, and do not apply to the adoption
reimbursement benefit.
‘‘Qualifying adoption expenses’’ is
defined based on the DoD Instruction to
mean reasonable and necessary
expenses that are directly related to the
legal adoption of a child under 18 years
of age, but only if such adoption is
arranged by a qualified adoption agency.
This definition includes several
important elements. The expense must
be ‘‘reasonable and necessary.’’ Based
on the DoD Instruction, we define
‘‘reasonable and necessary’’ to include
public and private agency fees,
including adoption fees charged by an
agency in a foreign country; placement
fees, including fees charged to adoptive
parents for counseling; and legal fees
(including court costs). The term also
includes medical expenses, including
hospital expenses of the biological
mother and medical care of the child to
be adopted, as well as temporary foster
care charges when payment of such
charges is required before the adoptive
child’s placement.
The adoption expenses must be
directly related to the legal adoption of
a child under the age of 18. Certain
items are not reimbursable including
expenses such as clothing, bedding, toys
and books; travel expenses; and
expenses incurred in connection with
an adoption arranged in violation of
Federal, State, or local law.
To be reimbursable as a qualifying
adoption expense the adoption must be
arranged by a qualified adoption agency.
We define ‘‘qualified adoption agency’’
as it is defined in the DoD Instruction.
The term is broadly defined to include:
a State or local government agency
which has responsibility under State or
local law for child placement through
adoption; a nonprofit, voluntary
adoption agency which is authorized by
State or local law to place children for
adoption; and, any other source
authorized by a State to provide
adoption placement if the adoption is
supervised by a court under State or
local law. In addition the term
‘‘qualified adoption agency’’ includes a
foreign government or an agency
authorized by a foreign government to
place children for adoption, in any case
in which the adopted child is entitled
to automatic citizenship under section
320 of the Immigration and Nationality
Act (8 U.S.C. 1431); or a certificate of
citizenship has been issued for such
child under section 322 of that Act (8
U.S.C. 1433).
Definitions in paragraph (c) are
consistent with Public Law 114–223
section 260, the DoD policy referenced
in that statute, and the statute
authorizing DoD to operate its adoption

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

reimbursement program (10 U.S.C.
1052).
Paragraph (d) addresses
documentation that a covered veteran
must provide VA to obtain
reimbursement of qualifying adoption
expenses. It mirrors DoD’s submission
requirements found in the DoD
Instruction. The request for
reimbursement must be submitted on a
form prescribed for such purpose by
VA.
Paragraph (e) provides that if
documents submitted by a covered
veteran in support of an application for
reimbursement do not establish
eligibility for reimbursement or justify
claimed expenses, VA will retain the
application and advise the covered
veteran of additional documentation
needed. All requested documentation
must be submitted to VA within 90
calendar days of VA request. This is
consistent with the DoD Instruction, and
VA believes that it provides sufficient
time to allow a covered veteran to
obtain and submit additional
documentation to support the claim for
reimbursement.
Section 260 of Public Law 114–223
provides that VA is authorized to use
appropriated funds available to VA for
the Medical Services account in the
Public Law for reimbursement of
qualifying adoption expenses. Paragraph
(f) states that authority to provide
reimbursement for qualifying adoption
expenses incurred by a covered veteran
in the adoption of a child under 18
years of age expires September 30, 2018,
to reflect the limitations on the use of
appropriated funds in the Medical
Services account under section 260 of
Public Law 114–223.
VA believes this rulemaking will
benefit covered veterans. Whether IVF
or other fertility treatments using ART
are or are not a viable option, the
covered veteran may elect to adopt. This
rulemaking decreases the financial
burden of making that choice.
VA is publishing this rulemaking as
an interim final rule effective on the
date of publication. We are providing a
60-day comment period to provide the
public with an opportunity to submit
comments and feedback.
Administrative Procedure Act
In accordance with 5 U.S.C. 553(b)(B)
and (d)(3), the Secretary of Veterans
Affairs has concluded that there is good
cause to publish this rule as an interim
final rule without prior opportunity for
public comment and to publish this rule
with an immediate effective date. The
Secretary finds that it is impracticable
and contrary to the public interest to
delay this rule for the purpose of

PO 00000

Frm 00076

Fmt 4700

Sfmt 4700

soliciting advance public comment or to
have a delayed effective date. VA is
authorized to reimburse qualified
adoption expenses incurred by covered
veterans only through the end of Fiscal
Year 2018. Pursuing the standard
administrative process of publishing a
proposed rule, soliciting public
comment, followed by publication of a
final rule with an effective date 30 days
after publication would result in a
significant delay in implementation. VA
believes that electing to follow that
course of action would severely limit
the agency’s ability to utilize this
authority as provided by Congress under
Public Law 114–223. VA has
determined that it is in the public
interest to publish this rulemaking as an
interim final rule effective on the date
of publication to ensure that covered
veterans have access to this benefit for
the greatest amount of time practicable.
VA believes that publishing this rule as
an interim final rule without prior
opportunity for public comment and to
publish this rule with an immediate
effective date will give effect to
congressional intent that covered
veterans have access to this benefit in a
timely fashion. Further, we note that
Public Law 114–223 section 260(b)(4)
establishes strict parameters on VA’s
administration of this benefit, requiring
us to operate under the same terms as
apply under the DoD’s adoption
reimbursement program, as authorized
in DoD Instruction 1341.09, including
the reimbursement limits and
requirements set forth in such
instruction. Given these restrictions,
there is very little room for substantive
changes to the rule based on public
comment. For the above reasons, the
Secretary issues this rule as an interim
final rule with an immediate effective
date. VA will consider and address
comments that are received within 60
days of the date this interim final rule
is published in the Federal Register.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this final
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
This interim rule includes a provision
constituting a collection of information

E:\FR\FM\05MRR1.SGM

05MRR1

sradovich on DSK3GMQ082PROD with RULES

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521) that
requires approval by the Office of
Management and Budget (OMB). VA has
requested emergency clearance of
information collection under this
interim final rule. Accordingly, under
44 U.S.C. 3507(d), VA has submitted a
copy of this rulemaking to OMB for
review.
OMB assigns control numbers to
collections 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. Section 17.390 contains a
collection of information under the
Paperwork Reduction Act of 1995. If
OMB does not approve the collection(s)
of information as requested, VA will
immediately remove the provision(s)
containing a collection of information or
take such other action as is directed by
OMB.
Comments on the collection of
information contained in this rule
should be submitted to the Office of
Management and Budget, Attention:
Desk Officer for the Department of
Veterans Affairs, Office of Information
and Regulatory Affairs, Washington, DC
20503, with copies sent by mail or hand
delivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Room 1068, Washington, DC
20420; fax to (202) 273–9026 (This is
not a toll free no.); or through
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AQ01
Reimbursement of qualifying adoption
expenses for certain veterans.’’
OMB is required to make a decision
concerning the collections of
information contained in this rule
between 30 and 60 days after
publication of this document in the
Federal Register.
VA 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 VA, including whether the
information will have practical utility;
• Evaluating the accuracy of VA’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 through the

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The collections of information
contained in regulatory section 38 CFR
17.390 are described immediately
following this paragraph, under their
respective titles.
Title: Reimbursement of qualifying
adoption expenses for certain veterans.
Summary of collection of information:
To receive reimbursement for qualifying
adoption expenses a covered veteran
must provide various types of
documentation including a copy of the
final adoption decree, certificate or
court order granting the adoption; proof
of citizenship of the adopted child in
the case of a foreign adoption;
documentation that the adoption was
handled by a qualified adoption agency;
and documentation to substantiate
reasonable and necessary expenses paid
by the covered veteran. In addition, the
covered veteran must submit a full
English translation of any foreign
language document, to include the
translator’s certification that he or she is
competent to translate the foreign
language to English and that his or her
translation is complete and correct.
Finally, the covered veteran may be
asked to provide information to
facilitate electronic transfer of funds to
effectuate the reimbursement. This
information collection is consistent with
DoD requirements imposed on a service
member seeking reimbursement of
qualifying adoption expenses.
Description of the need for
information and proposed use of
information: The information is needed
to determine eligibility for
reimbursement of qualifying adoption
expenses.
Description of likely respondents:
Veterans with a service-connected
disability that results in the inability of
the veteran to procreate without the use
of fertility treatment who incurred
qualifying adoption expenses related to
an adoption that became final after
September 29, 2016.
Estimated number of respondents per
month/year: 80 annually.
Estimated frequency of responses per
month/year: one response total.
Estimated average burden per
response: 6 hours.
Estimated total annual reporting and
recordkeeping burden: 480 hours.
Regulatory Flexibility Act
The Secretary hereby certifies that
this interim final rule will not have a
significant economic impact on a

PO 00000

Frm 00077

Fmt 4700

Sfmt 4700

9211

substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
interim final rule will directly affect
only individuals and will not directly
affect small entities. Therefore, pursuant
to 5 U.S.C. 605(b), this rulemaking is
exempt from the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604.
Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ requiring review by
OMB, unless OMB waives such review,
as ‘‘any regulatory action that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
www.regulations.gov, usually within 48
hours after the rulemaking document is
published. Additionally, a copy of the
rulemaking and its impact analysis are
available on VA’s website at
www.va.gov/orpm/, by following the
link for ‘‘VA Regulations Published
From FY 2004 Through Fiscal Year to
Date.’’

E:\FR\FM\05MRR1.SGM

05MRR1

9212

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations

Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This interim final rule will
have no such effect on State, local, and
tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.007, Blind Rehabilitation Centers;
64.008, Veterans Domiciliary Care;
64.009, Veterans Medical Care Benefits;
64.010, Veterans Nursing Home Care;
64.011, Veterans Dental Care; 64.012,
Veterans Prescription Service; 64.013,
Veterans Prosthetic Appliances; 64.014,
Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care;
64.018, Sharing Specialized Medical
Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home
Based Primary Care; and 64.024, VA
Homeless Providers Grant and Per Diem
Program.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Government contracts, Grant
programs—health, Grant programs—
veterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Medical and Dental schools,
Medical devices, Medical research,
Mental health programs, Nursing
homes, Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.

sradovich on DSK3GMQ082PROD with RULES

Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on August 25,
2017, for publication.

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

Dated: February 27, 2018.
Jeffrey Martin,
Impact Analyst, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.

For the reasons set out in the
preamble, VA amends 38 CFR part 17 as
follows:
PART 17—MEDICAL
1. The authority citation for part 17 is
revised to read as follows:

■

Authority: 38 U.S.C. 501, and as noted in
specific sections.
Section 17.38 is also issued under 38
U.S.C. 101, 501, 1701, 1705, 1710, 1710A,
1721, 1722, 1782, and 1786.
Section 17.169 is also issued under 38
U.S.C. 1712C.
Sections 17.380, 17.390 and 17.412 are also
issued under sec. 260, Pub. L. 114–223, 130
Stat. 857.
Section 17.410 is also issued under 38
U.S.C. 1787.
Section 17.415 is also issued under 38
U.S.C. 7301, 7304, 7402, and 7403.
Sections 17.640 and 17.647 are also issued
under sec. 4, Pub. L. 114–2, 129 Stat. 30.
Sections 17.641 through 17.646 are also
issued under 38 U.S.C. 501(a) and sec. 4,
Pub. L. 114–2, 129 Stat. 30.
Section 17.655 also issued under 38 U.S.C.
501(a), 7304, 7405.

2. Revise the undesignated center
heading immediately preceding § 17.380
to read as follows:
In Vitro Fertilization and
Reimbursement of Adoption Expenses
■ 3. Add § 17.390 before the
undesignated center heading ‘‘Hospital
Care and Medical Services for Camp
Lejune Veterans and Families’’ to read
as follows:
■

§ 17. 390 Reimbursement for qualifying
adoption expenses incurred by certain
veterans.

(a) General. A covered veteran may
request reimbursement for qualifying
adoption expenses incurred by the
veteran in the adoption of a child under
18 years of age.
(1) An adoption for which expenses
may be reimbursed under this section
includes an adoption by a married or
single person, an infant adoption, an
intercountry adoption, and an adoption
of a child with special needs (as defined
in section 473(c) of the Social Security
Act (42 U.S.C. 673(c))).
(2) Reimbursement for qualifying
adoption expenses may be requested
only for an adoption that became final
after September 29, 2016, and must be
requested:
(i) No later than 2 years after the
adoption is final; or,
(ii) In the case of adoption of a foreign
child, no later than 2 years from the date

PO 00000

Frm 00078

Fmt 4700

Sfmt 4700

the certificate of United States
citizenship is issued.
(3) In the case of adoption of a foreign
child, reimbursement for qualifying
adoption expenses may be requested
only after United States citizenship has
been granted to the adopted child.
(4) Reimbursement for qualifying
adoption expenses may not be made
under this section for any expense paid
to or for a covered veteran under any
other adoption benefits program
administered by the Federal
Government or under any such program
administered by a State or local
government.
(b) Limitations. (1) Reimbursement
per adopted child. No more than $2,000
may be reimbursed under this section to
a covered veteran, or to two covered
veterans who are spouses of each other,
for expenses incurred in the adoption of
a child. In the case of two married
covered veterans, only one spouse may
claim reimbursement for any one
adoption.
(2) Maximum reimbursement in any
calendar year. No more than $5,000 may
be paid under this section to a covered
veteran in any calendar year. In the case
of two married covered veterans, the
couple is limited to a maximum of
$5,000 per calendar year.
(c) Definitions. For the purposes of
this section:
(1) ‘‘Covered veteran’’ means a
veteran with a service-connected
disability that results in the inability of
the veteran to procreate without the use
of fertility treatment.
(2) ‘‘Qualifying adoption expenses’’
means reasonable and necessary
expenses that are directly related to the
legal adoption of a child under 18 years
of age, but only if such adoption is
arranged by a qualified adoption agency.
Such term does not include any expense
incurred:
(i) For items such as clothing,
bedding, toys and books;
(ii) For travel; or
(iii) In connection with an adoption
arranged in violation of Federal, State,
or local law.
(3) ‘‘Reasonable and necessary
expenses’’ include:
(i) Public and private agency fees,
including adoption fees charged by an
agency in a foreign country;
(ii) Placement fees, including fees
charged to adoptive parents for
counseling;
(iii) Legal fees (including court costs)
or notary expenses;
(iv) Medical expenses, including
hospital expenses of the biological
mother and medical care of the child to
be adopted; and
(v) Temporary foster care charges
when payment of such charges is

E:\FR\FM\05MRR1.SGM

05MRR1

sradovich on DSK3GMQ082PROD with RULES

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
required before the adoptive child’s
placement.
(4) ‘‘Qualified adoption agency’’
means any of the following:
(i) A State or local government agency
which has responsibility under State or
local law for child placement through
adoption.
(ii) A nonprofit, voluntary adoption
agency which is authorized by State or
local law to place children for adoption.
(iii) Any other source authorized by a
State to provide adoption placement if
the adoption is supervised by a court
under State or local law.
(iv) A foreign government or an
agency authorized by a foreign
government to place children for
adoption, in any case in which:
(A) The adopted child is entitled to
automatic citizenship under section 320
of the Immigration and Nationality Act
(8 U.S.C. 1431); or
(B) A certificate of citizenship has
been issued for such child under section
322 of that Act (8 U.S.C. 1433).
(d) Applying for reimbursement of
qualifying adoption expenses. An
application for reimbursement must be
submitted on a form prescribed for such
purpose by VA. Information and
documentation must include:
(1) A copy of the final adoption
decree, certificate or court order
granting the adoption. For U.S.
adoptions, the court order must be
signed by a judge unless either State law
or local court rules authorize that the
adoption order may be signed by a
commissioner, magistrate or court
referee. The covered veteran must
submit a full English translation of any
foreign language document, to include
the translator’s certification that he or
she is competent to translate the foreign
language to English and that his or her
translation is complete and correct.
(2) For foreign adoptions, proof of
U.S. citizenship of the child, including
any of the following:
(i) A copy of Certificate of
Citizenship.
(ii) A copy of a U.S. court order that
recognizes the foreign adoption, or
documents the re-adopting of the child
in the United States.
(iii) A letter from the United States
Citizenship and Immigration Services,
which states the status of the child’s
adoption.
(iv) A copy of the child’s U.S.
passport (page with personal
information only).
(3) For U.S. adoptions, documentation
to show that the adoption was handled
by a qualified adoption agency or other
source authorized by a State or local law
to provide adoption placement.
Acceptable forms of proof that the

VerDate Sep<11>2014

15:56 Mar 02, 2018

Jkt 244001

adoption was handled by a qualified
adoption agency include:
(i) A copy of placement agreement
from the adoption agency showing the
agreement entered into between the
member and the agency.
(ii) A letter from the adoption agency
stating that the agency arranged the
adoption and that the agency is a
licensed child placing agency in the
United States.
(iii) Receipts for payment to the
adoption agency, as well as proof, (e.g.,
a copy of the agency’s web page), of the
agency’s status as a for-profit or nonprofit licensed child placing agency.
(4) For foreign adoptions,
documentation to show that the
adoption was handled by a qualified
adoption agency. In addition to the
forms of acceptable proof that the
adoption was handled by a qualified
adoption agency listed in paragraph
(d)(3) of this section, the documentation
must also include:
(i) A document that describes the
mission of the foreign agency and its
authority from the foreign government
to place children for adoption; and
(ii) A placement agreement from the
adoption agency or letter from the
adoption agency stating the specific
services it provided for the adoption.
(5) Documentation to substantiate
reasonable and necessary expenses paid
by the covered veteran. Acceptable
forms of documentation include
receipts, cancelled checks, or a letter
from the adoption agency showing the
amount paid by the member. Receipts
from a foreign entity should include the
U.S. currency equivalency.
Reconstruction of expense records is
permissible when the original records
are unavailable and the covered veteran
submits a notarized affidavit stating the
costs.
(6) Checking or savings account
information to facilitate VA providing
reimbursement to the covered veteran
under this section.
(e) Failure to establish eligibility. If
documents submitted by a covered
veteran in support of an application for
reimbursement do not establish
eligibility for reimbursement or justify
claimed expenses, VA will retain the
application and advise the covered
veteran of additional documentation
needed. All requested documentation
must be submitted to VA within 90
calendar days of VA request.
(f) Authority. Authority to provide
reimbursement for qualifying adoption
expenses incurred by a covered veteran
in the adoption of a child under 18
years of age expires September 30, 2018.
(Approval for information collection
under this section has been requested

PO 00000

Frm 00079

Fmt 4700

Sfmt 4700

9213

from the Office of Management and
Budget)
[FR Doc. 2018–04245 Filed 3–2–18; 8:45 am]
BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0404; FRL–9974–67–
Region 9]

Approval of California Air Plan
Revisions, Northern Sierra Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:

The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Northern
Sierra Air Quality Management District
(NSAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of
particulate matter (PM) from wood
burning devices. We are approving a
local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on
April 4, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0404. All
documents in the docket are listed on
the http://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through http://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, EPA Region IX,
(415) 947–4125, vineyard.christine@
epa.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.

Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference

E:\FR\FM\05MRR1.SGM

05MRR1