**§2.6 Secretary's delegations of authority to certain officials (38
U.S.C. 512).**

Employees occupying or acting in the positions designated below are
delegated authority as indicated:

\(a\) *Veterans Health Administration.* The Under Secretary for Health
is delegated authority:

\(1\) To act on all matters assigned to the Veterans Health
Administration by statute (38 U.S.C. ch. 73) and by regulation, except
such matters as require the personal attention or action of the
Secretary.

\(2\) To revise, exceed, delete, increase, or decrease fees contained in
Department of Veterans Affairs Veterans Health Services and Research
Administration Manual M-1, part I, appendix A (following agreement
therefor as provided in the contract with the intermediary involved), in
an approved State fee schedule, and to add additional fees when found to
be necessary, provided such fees are not in excess of those customarily
charged the general public, in the community concerned, for the same
service.

\(3\) To designate the Deputy Under Secretary for Health, or other
physician of the Veterans Health Administration, and authority is hereby
delegated such designee to perform the functions prescribed in paragraph
(a)(2) of this section.

\(4\) To revise, exceed, delete, increase or decrease dental fees
established in Department of Veterans Affairs Veterans Health Services
and Research Administration Manual M-4, chapter 6, and any amendments
thereto, and to add additional fees when found to be necessary,
provided: such fees are not in excess of those customarily charged the
general public, in the community concerned, for the same service.

\(5\) To designate the Assistant Chief Medical Director for Dentistry,
and authority is hereby delegated such designee, to perform the
functions prescribed in paragraph (a)(4) of this section.

\(6\) To supervise programs for grants to the Republic of the
Philippines and medical care for Commonwealth Army veterans and
Philippine Scouts in Veterans Memorial Medical Center, Manila, pursuant
to the provisions of 38 U.S.C. ch. 17, subch. IV.

\(7\) To designate the Deputy Under Secretary for Health of the Veterans
Health Administration and authority is hereby delegated such designee to
designate a Department of Veterans Affairs full-time physician or
nonmedical Director to serve *as an ex officio member* on advisory
bodies to State Comprehensive Health Planning agencies and to individual
Regional Medical Programs in those areas in which there is located one
or more Department of Veterans Affairs hospitals or other health
facilities, who shall serve on such advisory group as the representative
of the Department of Veterans Affairs health facilities located in that
area.

\(8\) To authorize Directors of Department of Veterans Affairs property
and facilities under the charge and control of the Department of
Veterans Affairs to appoint police officers with the power to enforce
Federal laws and Department of Veterans Affairs regulations, to
investigate violations of those laws and to arrest for crimes committed
on Department of Veterans Affairs property to the full extent provided
by Department policies and procedures. (Authority: 38 U.S.C. 501 and
512.)

\(9\) To develop and establish minimum safety and quality standards for
adaptive equipment provided under chapter 39 of title 38, United States
Code, or to appoint a designee to perform these functions.

\(b\) *Veterans Benefits Administration*.

\(1\) *General.* The Under Secretary for Benefits is delegated authority
to act on all matters assigned to the Veterans Benefits Administration
except as provided in §1.771 of this chapter and to authorize
supervisory or adjudicative personnel within his/her jurisdiction to
perform such functions as may be assigned.

\(2\) *Philippines.* The Director, Department of Veterans Affairs
Regional Office, Manila, Philippines, is delegated authority to exercise
such authorities as are delegated to directors of regional offices in
the United States, which are appropriate to the administration in the
Republic of the Philippines of the laws administered by the Department
of Veterans Affairs.

\(c\) *Office of Management*.

\(1\) The Assistant Secretary for Management (Chief Financial Officer)
is delegated authority to act on all matters assigned to his/her office,
and to authorize supervisory personnel within his/her jurisdiction to
perform such functions as may be assigned. Appropriate written
notification will be furnished other Federal agencies concerning such
authorizations.

\(2\) The Assistant Secretary for Management (Chief Financial Officer)
is delegated authority under 31 U.S.C. 1553(c)(1), to approve, in a
fixed appropriation account to which the period of availability for
obligation has expired, obligational increases related to contract
changes when such transaction will cause cumulative obligational
increase for contract changes during a fiscal year to exceed \$4 million
but not more than \$25 million; for this responsibility the Assistant
Secretary for Management (Chief Financial Officer) shall act as a member
of the Office of the Secretary and shall report to and consult with the
Secretary on these matters.

\(d\) *Assistant Secretary for Management (Chief Financial Officer);
administration heads and staff office directors*. The Assistant
Secretary for Management (Chief Financial Officer) is delegated
authority to take appropriate action (other than provided for in
paragraphs (e)(3) and (e)(4) of this section) in connection with the
collection of civil claims by VA for money or property, as authorized in
§1.900, *et seq*. The Assistant Secretary for Management (Chief
Financial Officer) may redelegate such authority as he/she deems
appropriate to administration heads and staff office directors.
(Authority: 38 U.S.C. 501, 512).

\(e\) *General Counsel.*

\(1\) \[Removed and reserved\]

\(2\) Under the provisions of 38 U.S.C. 515(b), the General Counsel,
Deputy General Counsel, Assistant General Counsel and Regional Counsel
or those authorized to act for them are authorized to consider,
ascertain, adjust, determine, and settle tort claims cognizable
thereunder and to execute an appropriate voucher and other necessary
instruments in connection with the final disposition of such claims.

\(3\) Under the provisions of "The Federal Medical Care Recovery Act,"
42 U.S.C. 2651, *et seq.* (as implemented by part 43, title 28, Code of
Federal Regulations), authority is delegated to the General Counsel,
Deputy General Counsel, Assistant General Counsel (Professional Staff
Group I), Deputy Assistant General Counsel of said staff group, and
Regional Counsels or those authorized to act for them, to collect in
full, compromise, settle, or waive any claim and execute the release
thereof; however, claims in excess of \$100,000 may be compromised,
settled, or waived only with the prior approval of the Department of
Justice.

\(4\) Under the Federal Claims Collection Act of 1966, 31 U.S.C. 3711,
*et seq.,* authority is delegated to the General Counsel, Deputy General
Counsel, Assistant General Counsel, Deputy Assistant General Counsel and
Regional Counsel, or those authorized to act for them, to:

\(i\) Make appropriate determinations with respect to the litigative
probabilities of a claim (§1.932 of this chapter), the legal merits of a
claim (§1.942(e) of this chapter), and any other legal considerations of
a claim.

\(ii\) Collect in full a claim involving damage to or loss of government
property under the jurisdiction of the Department of Veterans Affairs
resulting from negligence or other legal wrong of a person (other than
an employee of the Government while acting within the scope of his or
her employment) and to compromise, suspend, or terminate any such claim
not exceeding \$100,000.

\(iii\) Collect a claim in full from an individual or legal entity who
is liable for the cost of hospital, medical, surgical, or dental care
and treatment of a person, and to compromise, suspend, or terminate any
such claim not exceeding \$100,000. (Authority: 31 U.S.C. 3711(a)(2); 38
U.S.C. 501, 512)

\(iv\) The delegations of authority set forth in paragraphs (e)(4)(ii)
and (iii) of this section do not apply to the handling of any claim as
to which there is an indication of fraud, the presentation of a false
claim or misrepresentation on the part of the debtor or any other party
having an interest in the claim, or to any claim based in whole or in
part on conduct in violation of the antitrust laws. Such cases will be
considered by the General Counsel, who will make the determination in
all instances as to whether the case warrants referral to the Department
of Justice. The delegations of authority are applicable to those claims
where the Department of Justice determines that action based upon the
alleged fraud, false claim, or misrepresentation is not warranted.

\(5\) Pursuant to the provisions of the Military Personnel and Civilian
Employees' Claim Act of 1964, 31 U.S.C. 3721, as amended, the General
Counsel, Deputy General Counsel, Assistant General Counsel (Professional
Staff Group III), Deputy Assistant General Counsel of said staff group,
and Regional Counsel or those authorized to act for them are authorized
to settle and pay a claim for not more than \$40,000 made by a civilian
officer or employee of the Department of Veterans Affairs for damage to,
or loss of, personal property incident to his or her service. (Pub. L.
97-226)

\(6\) Under the provisions of 38 U.S.C. 7316(e), authority is delegated
to the General Counsel, Deputy General Counsel, and the Assistant
General Counsel (Professional Staff Group I) to hold harmless or provide
liability insurance for any person to whom the immunity provisions of
section 7316 apply, for damage for personal injury or death, or for
property damage, negligently caused by such person while furnishing
medical care or treatment in the exercise of his or her duties in or for
the Veterans Health Administration, if such person is assigned to a
foreign country, detailed to State or political division thereof, or is
acting under any other circumstances which would preclude the remedies
of an injured third person against the United States, provided by
sections 1346(b) and 2672 of title 28, United States Code, for such
damage or injury.

\(7\) The General Counsel, Deputy General Counsel, and those authorized
to act for them, are authorized to conduct investigations, examine
witnesses, take affidavits, administer oaths and affirmations, and
certify copies of public or private documents on all matters within the
jurisdiction of the General Counsel. Pursuant to the provisions of
§2.2(c), the General Counsel, Deputy General Counsel, and those
authorized to act for them, are authorized to countersign VA Form 4505.

\(8\) The General Counsel, or the Deputy General Counsel acting as or
for the General Counsel, is authorized to designate, in accordance with
established standards, those legal opinions of the General Counsel which
will be considered precedent opinions involving veterans' benefits under
laws administered by the Department of Veterans Affairs. (Authority: 38
U.S.C. 501, 512)

\(9\) Under the provisions of 38 U.S.C. 1729(c)(1), authority is
delegated to the General Counsel, Deputy General Counsel, Assistant
General Counsel (Professional Staff Group I), Deputy Assistant General
Counsel of said staff group, and Regional Counsel, or those authorized
to act for them, to collect in full, compromise, settle, or waive any
claim and execute the release thereof; however, claims in excess of
\$100,000 may only be compromised, settled, or waived with the prior
approval of the General Counsel, Deputy General Counsel, Assistant
General Counsel (Professional Staff Group I), or Deputy Assistant
General Counsel of said staff group, or those authorized to act for
them. (Authority: 38 U.S.C. 501, 512, 1729(c)(1))

\(10\) The General Counsel and the Deputy General Counsel are authorized
to make final Departmental decisions on appeals under the Freedom of
Information Act, the Privacy Act, 38 U.S.C. 5701 and 5705. (Authority:
38 U.S.C. 512)

\(11\) All authority delegated in this paragraph to Regional Counsels
will be exercised by them under the supervision of and in accordance
with instructions issued by the General Counsel.

\(f\) *National Cemetery Administration.* Under Secretary for Memorial
Affairs is delegated authority:

\(1\) To act on all matters assigned to the National Cemetery
Administration by statute (38 U.S.C. chapter 24) and by regulation
except where specifically requiring the personal attention or action of
the Secretary and to authorize supervisory personnel within the
jurisdiction of the Under Secretary for Memorial Affairs to perform such
functions as may be assigned.

\(2\) To designate, as deemed necessary, Superintendents of National
Cemeteries as special investigators under 38 U.S.C. 901, however, such
law enforcement authority is limited to enforcement of rules and
regulations governing conduct on property under the charge and control
of the Department of Veterans Affairs, as those rules and regulations
apply to the cemetery over which the individual Superintendent exercises
control and jurisdiction. Such designation will not authorize the
carrying of firearms by any Superintendent.

\(3\) To accept donations, except offers of land, made in any manner,
for the beautification or benefit of national cemeteries.

\(4\) To name features in national cemeteries, such as, roads, walks,
and special structures.

\(5\) To establish policies and specifications for inscriptions on
Government headstones, markers, and private monuments. (Authority: 38
U.S.C. 501(a), 512, 3703(c)(1), 3719(f))

\(g\) *Inspector General.*

\(1\) The Secretary delegates to the Inspector General, the authority,
as head of the Department of Veterans Affairs, to make written requests
under the Privacy Act of 1974, 5 U.S.C. 552a(b)(7), for the transfer of
records or copies of records maintained by other agencies which are
necessary to carry out an authorized law enforcement activity of the
Office of Inspector General. This delegation is made pursuant to 38
U.S.C. 512. The Inspector General may redelegate the foregoing authority
within the Office of Inspector General, but the delegation may only be
to an official of sufficient rank to ensure that the request for the
records has been the subject of a high level evaluation of the need for
the information.

\(2\) The Inspector General delegates the authority under the Inspector
General Act of 1978, and redelegates the authority under paragraph (a)
of this section, to request Privacy Act protected records from Federal
agencies pursuant to subsection (b)(7) of the Privacy Act to each of the
following Office of Inspector General officials:

\(i\) Deputy Inspector General,

\(ii\) Assistant Inspector General for Investigations,

\(iii\) Deputy Assistant Inspector General for Investigations,

\(iv\) Chief of Operations, and

\(v\) Special Agents in Charge of Field Offices of Investigations.

These officials may not redelegate this authority. (Authority: 5 U.S.C.
552a)

\(h\) *Delegations to Office Resolution Management Officials (ORM).*

\(1\) The Deputy Assistant Secretary for Resolution Management is
delegated authority to supervise and control the operation of the
administrative EEO Discrimination Complaint Processing System within the
Department.

\(2\) The Deputy Assistant Secretary for Resolution Management, the
Chief Operating Officer, and all Regional EEO Officers/Field Managers
are delegated authority to make procedural agency decisions to either
accept or dismiss, in whole or in part, EEO discrimination complaints
based upon race, color, national origin, sex, religion, age, disability,
or reprisal filed by employees, former employees, or applicants for
employment.

\(3\) The Deputy Assistant Secretary for Resolution Management, the
Chief Operating Officer, and the Chief, Policy and Compliance are
delegated authority to make agency decisions on all breach of settlement
claims raised by employees, former employees, and applicants for
employment.

\(4\) The Deputy Assistant Secretary for Resolution Management, the
Chief Operating Officer, and the Chief, Policy and Compliance are
delegated authority to consider and resolve all claims raised by
employees, former employees, and applicants for employment that allege
dissatisfaction with the processing of a previously filed EEO
discrimination complaint.

\(5\) The Deputy Assistant Secretary for Resolution Management, the
Chief Operating Officer, and the Chief, Policy and Compliance are
delegated authority to monitor compliance by Department organizational
components with orders and decisions of the OEDCA and the EEOC.

\(i\) *Delegations to officials of the Office of Employment
Discrimination Complaint Adjudication (OEDCA).*

\(1\) The Director and Associate Director, OEDCA, are delegated
authority to make procedural decisions to dismiss, in whole or in part,
any EEO discrimination complaint filed by any employee, former employee,
or applicant for employment that may be pending before OEDCA, where
administrative complaint processing efficiency may be best served by
doing so.

\(2\) The Director and Associate Director, OEDCA, are delegated
authority to dismiss, in whole or in part any EEO discrimination
complaint based upon race, color, religion, sex, national origin, age,
disability, or reprisal filed by any ORM employee, former employee, or
applicant for employment.

\(3\) The Director and Associate Director, OEDCA, are delegated
authority to make the agency decision on all breach of settlement claims
raised by ORM employees, former employees, and applicants for
employment.

\(4\) The Director and Associate Director, OEDCA, are delegated
authority to consider and resolve all claims raised by ORM employees,
former employees, and applicants for employment that allege
dissatisfaction with the processing of a previously filed EEO
discrimination complaint.

\(5\) The Director and Associate Director, OEDCA, are delegated
authority to make procedural agency decisions to either accept or
dismiss, in whole or in part, EEO discrimination complaints filed by
employees, former employees, or applicants for employment where the ORM
must recuse itself from a case due to an actual, apparent, or potential
conflict of interest.

\(j\) *Delegation to the Chairman, Board of Veterans' Appeals*. In cases
where OEDCA has recused itself from a case due to an actual, apparent,
or potential conflict of interest, the Chairman, Board of Veterans'
Appeals, is delegated authority to make procedural agency decisions to
dismiss, in whole or in part, EEO discrimination complaints filed by
agency employees, former employees, and applicants for employment; to
make substantive final agency decisions where complainants do not
request an EEOC hearing; to take final agency action following a
decision by an EEOC Administrative Judge; and to make final agency
decisions ordering appropriate remedies and relief where there is a
finding of discrimination.

\(k\) *Processing complaints involving certain officials*. A complaint
alleging that the Secretary or the Deputy Secretary personally made a
decision directly related to matters in dispute, or are otherwise
personally involved in such matters, will be referred for procedural
acceptability review, investigation, and substantive decisionmaking to
another Federal agency (e.g., The Department of Justice) pursuant to a
cost reimbursement agreement. Referral will not be made when the action
complained of relates merely to ministerial involvement in such matters
(e.g., ministerial approval of selection recommendations submitted to
the Secretary by the Under Secretary for Health, the Under Secretary for
Benefits, the Under Secretary for Memorial Affairs, assistant
secretaries, or staff office heads).

\(l\) *Assistant to the Secretary, Office of Regulation Policy and
Management*. The Assistant to the Secretary for Regulation Policy and
Management (ASRPM) is delegated authority:

\(1\) To act on all matters assigned to the Office of Regulation Policy
and Management, except such matters as require the personal attention or
action of the Secretary, the Deputy Secretary, or the Secretary's
Regulatory Policy Council.

\(2\) To manage and coordinate the Department's rulemaking activities,
including the revision and reorganization of regulations.

\(3\) To serve as the Deputy Regulatory Policy Officer, to perform staff
functions under the Regulatory Policy Officer, and to perform other
delegated functions in accordance with Executive Order 12866.

\[25 FR 11095, Nov. 23, 1960, as amended at 58 FR 32442, June 10, 1993;
58 FR 39152, July 22, 1993; 61 FR 7216, Feb. 27, 1996; 61 FR 26107, May
24, 1996; 61 FR 27784, June 3, 1996; 61 FR 56449, Nov. 1, 1996; 63 FR
11122, Mar. 6, 1998; 64 FR 30244, June 7, 1999; 64 FR 47111, Aug. 30,
1999; 66 FR 44053, Aug. 22, 2001; 67 FR 3434, Jan. 24, 2002; 68 FR
25504, May 13, 2003; 69 FR 62203, Oct. 25, 2004; 72 FR 12565, Mar. 16,
2007; 72 FR 27247, May 15, 2007; 72 FR 34395, June 22, 2007\]

**Editorial note:** For *Federal Register* citations affecting §2.6, see
the List of CFR Sections Affected in the *Finding Aids* section of the
*Code of Federal Regulations*.

**Supplement *Highlights* references**: 3(3, 5, 6), 15(2, 5), 18(1),
26(2), 34(2), 36(1), 47(2), 56(1), 66(1), 75(1), 76(1), 77(1).