[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27783-27785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13476]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 2 and 14

RIN 2900-AI13


Delegations of Authority; Tort Claims and Debt Collection

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
regulations captioned ``DELEGATIONS OF AUTHORITY'' and ``LEGAL 
SERVICES, GENERAL COUNSEL.'' The delegation of authority to Regional 
Counsels to settle certain claims (Federal Medical Care Recovery Act 
claims, debt collection claims, and other claims) without approval from 
the Office of General Counsel is raised to a limit of $100,000. 
Further, this document updates statutory references and organizational 
titles, eliminates references to repealed statutes, eliminates 
redundant delegations of authority, corrects titles of VA forms, 
eliminates references to obsolete VA forms, reflects that the Baltimore 
Regional Counsel will have certain jurisdiction over incidents 
occurring in the Department of Veterans Affairs Central Office, 
eliminates restatements of Department of Justice regulations, 
eliminates references to internal VA matters not required to be 
published in the Federal Register, and makes changes for purposes of 
clarification.

EFFECTIVE DATE: This final rule is effective June 3, 1996.

FOR FURTHER INFORMATION CONTACT: E. Douglas Bradshaw, Jr., Assistant 
General Counsel (021), Office of General Counsel, Department of 
Veterans Affairs, 810 Vermont Avenue, N.W., Washington, D.C. 20420, 
(202) 273-6481.

SUPPLEMENTARY INFORMATION: This final rule consists of delegations of 
authority, VA policies, and nonsubstantive changes, and, therefore, is 
not subject to the notice-and-comment and effective-date provisions of 
5 U.S.C. 553.
    The Secretary 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 (RFA), 5 U.S.C., 
601-602. This final rule would not cause a significant effect on any 
entities since it consists of delegations of authority, VA policies, 
and nonsubstantive changes. Therefore, pursuant to U.S.C. 605(b), this 
amendment is exempt from the initial

[[Page 27784]]

and final regulatory-flexibility analysis requirements of sections 603 
and 604.
    There are no Catalog of Federal Domestic Assistance numbers 
associated with these amendments.

List of Subjects

38 CFR Part 2

    Authority delegations (Government agencies).

38 CFR Part 14

    Administrative practice and procedure, Claims, Government 
employees, Lawyers, Legal services, Organization and functions 
(Government agencies).

    Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR parts 2 and 14 are 
amended as set forth below:

PART 2--DELEGATIONS OF AUTHORITY

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

    Authority: 5 U.S.C. 302; 38 U.S.C. 501, 512; 44 U.S.C. 3702.


Sec. 2.6  [Amended]

    2. In Sec. 2.6, paragraph (e)(3) is amended by adding 
``(Professional Staff Group I)'' immediately following ``Assistant 
General Counsel''; by adding ``of said staff group'' immediately 
following ``Deputy Assistant General Counsel''; by removing ``Director 
of Debt Management,''; by removing ``$40,000'' and adding, in its 
place, ``$100,000''; and by removing ``of the Office of the General 
Counsel, and further provided that claims in excess of $100,000 may be 
compromised, settled, or waived only with the prior approval''.
    3. In Sec. 2.6, paragraph (e)(4)(iii) is amended by removing ``a 
third party'' and adding, in its place, ``an individual''.
    4. In Sec. 2.6, paragraph (e)(7) is amended by removing ``4116'' 
and adding, in its place, ``7316''; by removing ``Veterans Health 
Services and Research Administration'' and adding, in its place, 
``Veterans Health Administration''.
    5. In Sec. 2.6, paragraphs (e)(10), (e)(11), and (e)(12) are 
redesignated as paragraphs (e)(12), (e)(10), and (e)(11), respectively; 
and the newly redesignated paragraph (e)(10) is further amended by 
removing ``$40,000'' and adding, in its place, ``$100,000''.


Secs. 2.9 through 2.57, 2.66, 2.66a, 2.67 through 2.71, 2.75 through 
2.87, 2.90, 2.92, 2.95 through 2.101   [Removed]

    6. Sections 2.9 through 2.57, 2.66, 2.66a, 2.67 through 2.71, 2.75 
through 2.87, 2.90, 2.92, 2.95 through 2.101 are removed.

PART 14--LEGAL SERVICES, GENERAL COUNSEL

    7. The authority citation for part 14 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 
5502, 5902-5905, unless otherwise noted.


Sec. 14.600   [Amended]

    8. In Sec. 14.600, paragraph (b) is removed, the paragraph 
designation (a) is removed, and the section is amended by removing 
``1504,'' and ``2110,''.


Secs. 14.601, 14.602, 14.603   [Removed]

    9. The undesignated center heading preceding Sec. 14.601, and 
Secs. 14.601, 14.602, and 14.603 are removed.


Sec. 14.604   [Amended]

    10. Section 14.604 is amended in paragraph (a) by removing 
``Sec. 14.607'' and adding, in its place, ``28 CFR 14.4''.


Sec. 14.605   [Redesignated as Sec. 14.601]


Sec. 14.601   [Amended]

    11. Section 14.605 is redesignated as Sec. 14.601 immediately 
following the undesignated center heading ``ADMINISTRATIVE CLAIMS'', 
paragraph (a)(1) of the newly redesignated Sec. 14.601 is amended by 
removing ``Injury, Occupational Illness, or Fire, and of VA Form 2162b, 
Report of Accident, Injury Occupational Illness, or Fire 
(Continued),''; paragraph (a)(2)(i) is amended by removing ``on SF 92-
A, Report of Accident Other Than Motor Vehicle''; paragraph (a)(3) is 
amended by removing ``Manager, Administrative Services'' and adding, in 
its place, ``Director of Support Service, Office of the Assistant 
Secretary for Human Resources and Administration''; and paragraph 
(a)(4) is amended by removing ``The Regional Counsel, Department of 
Veterans Affairs Regional Office, Washington, DC'' and adding, in its 
place, ``The Baltimore Regional Counsel''.
    12. In the newly redesignated Sec. 14.601, paragraph (b) is revised 
to read as follows:


Sec. 14.601   Investigation and development.

* * * * *
    (b) In medical malpractice cases, the Regional Counsel may refer a 
claim to the Under Secretary for Health via the Director, Medical-Legal 
Affairs for review and for professional opinion or guidance. In the 
consideration of claims involving a medical question, the responsible 
Regional Counsel involved and the General Counsel will be guided by the 
views of the Under Secretary for Health as to the standard of medical 
care and treatment, the nature and extent of the injuries, the degree 
of temporary or permanent disability, the prognosis, the necessity for 
future treatment or physical rehabilitation, and any other pertinent 
medical aspects of a claim.


Sec. 14.606   [Redesignated as Sec. 14.602]

    13. Section 14.606 is redesignated as Sec. 14.602.


Sec. 14.607   [Removed]

    14. Section 14.607 is removed.


Sec. 14.608   [Redesignated as Sec. 14.603]


Sec. 14.603   [Amended]

    15. Section 14.608 is redesignated as Sec. 14.603; paragraphs (a) 
through (d), and the paragraph designation (e) are removed.


Sec. 14.609   [Removed]

    16. Section 14.609 is removed.


Sec. 14.610   [Redesignated as Sec. 14.605]

    17. Section 14.610 is redesignated as Sec. 14.605 immediately 
following the undesignated center heading ``LITIGATED CLAIMS''; the 
newly redesignated Sec. 14.605, paragraph (a)(1) is amended by removing 
``7316'' and adding, in its place, ``2679''; and by removing 
``operation of a motor vehicle'' and adding, in its place, ``wrongful 
act or omission''; paragraph (a)(2) is amended by removing ``Health 
Services and Research Administration'' and adding, in its place, 
``Health Administration''; paragraph (b) is amended by removing ``the 
employee's operation of a motor vehicle incident to'' and adding, in 
its place, ``a wrongful act or omission arising out of'' and in the 
second sentence by removing the designations (1) and (2); and the 
section heading for the newly redesignated Sec. 14.605 is revised to 
read as follows:


Sec. 14.605   Suits against Department of Veterans Affairs employees 
arising out of a wrongful act or omission or based upon medical care 
and treatment furnished in or for the Veterans Health Administration.

* * * * *


Sec. 14.618   [Amended]

    18. In Sec. 14.618, paragraphs (b) and (c) are amended by removing 
``$20,000'' each time it appears and adding, in its place, 
``$100,000''; and paragraph (b) is further amended by removing 
``14.605(a)(2)(i)'' and adding, in its place, ``14.601(a)(2)(i)''.

[[Page 27785]]

Sec. 14.619   [Amended]

    19. In Sec. 14.619, paragraphs (b) and (c) are amended by removing 
``$40,000'' each time it appears and adding, in its place, 
``$100,000''; and paragraph (b) is further amended by removing ``the 
General Counsel and claims in excess of $100,000 may be compromised, 
settled, or waived only with the prior approval of''.

[FR Doc. 96-13476 Filed 5-31-96; 8:45 am]
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