[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Rules and Regulations]
[Pages 27246-27247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9286]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AM61


Change in Secretary's Delegation of Authority and Clarification 
of that Authority

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
delegation regulation, which authorizes a VA official to take final 
action on complaints of employment discrimination when the Office of 
Employment Discrimination Complaint Adjudication (OEDCA) recuses itself 
due to a conflict of interest. The amendment provides that the 
Secretary of Veterans Affairs has delegated authority to take such 
action to the Chairman, Board of Veterans' Appeals, and clarifies that 
such authority includes awarding remedial relief in cases where there 
has been a finding of discrimination.

DATES: Effective Date: May 15, 2007.

FOR FURTHER INFORMATION CONTACT: Charles R. Delobe, Director, Office of 
Employment Discrimination Complaint Adjudication (00D), Department of 
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420 (Tel. 
202-254-0063).

SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 319 and 38 CFR 2.6(i), OEDCA 
has authority to take final action on complaints of employment 
discrimination filed by VA employees, former employees, and applicants 
for employment. Under 38 U.S.C. 501, the Secretary has authority to 
prescribe rules and regulations necessary to carry out the laws 
administered by VA. Further, under 38 U.S.C. 512, the Secretary may 
delegate authority to officers and employees of the Department as the 
Secretary deems necessary. In cases where OEDCA recuses itself due to 
an actual, apparent, or potential conflict of interest, the Secretary 
delegates authority to another official in the Department to take such 
action. In the past, that authority was delegated to the Chairman, 
Board of Contract Appeals, under current 38 CFR 2.6(j). This document 
amends Sec.  2.6(j) to reflect the change in this delegation of 
authority to the Chairman, Board of Veterans' Appeals. The change in 
delegated authority is necessary because there has been a transfer of 
functions and personnel of the VA Board of Contract Appeals to the 
General Services Administration, which occurred on January 6, 2007. The 
amendment also clarifies that the delegated authority includes the 
authority to grant all appropriate remedies and relief in cases where 
there is a finding of discrimination.

Administrative Procedures Act

    This final rule concerns VA agency organization, procedure, and 
practice, specifically delegation of authority to offices or employees 
of the Department to perform certain acts or render decisions. 
Accordingly, the prior notice and comment and delayed effective date 
provisions of 5 U.S.C. 553 do not apply to this rule.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    The initial and final regulatory flexibility analysis requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule because a notice of proposed 
rulemaking is not required for this rule. Even so, 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. This final rule 
would not affect any small entities. Only VA employees, former 
employees, and

[[Page 27247]]

applicants for employment could be directly affected. Therefore, 
pursuant to 5 U.S.C. 605(b), this final rule is also exempt from the 
regulatory flexibility analysis requirements of sections 603 and 604.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (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 the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, codified at 2 U.S.C. 
1532, requires agencies to 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 year. This final rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    There is no Catalog of Federal Domestic Assistance number for this 
final rule.

List of Subjects in 38 CFR Part 2

    Authority delegations (Government agencies).

    Approved: April 19, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

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For the reasons set forth in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 2 as follows:

PART 2--DELEGATIONS OF AUTHORITY

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1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729, 
1729A, 5711; 44 U.S.C. 3702, and as noted in specific sections.


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2. Amend Sec.  2.6, by revising paragraph (j) to read as follows:


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

* * * * *
    (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.
* * * * *
 [FR Doc. E7-9286 Filed 5-14-07; 8:45 am]
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