[Federal Register Volume 63, Number 44 (Friday, March 6, 1998)]
[Rules and Regulations]
[Pages 11121-11122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5831]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AJ14


Delegations of Authority--Decisionmaking Regarding Discrimination

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends regulations of the Department of Veterans 
Affairs (VA) by revising the delegations of authority concerning 
decisionmaking regarding complaints alleging discrimination on grounds 
of race, color, religion, sex, national origin, age, disability or 
reprisal. The delegations of authority are set forth in the regulatory 
text portion of this document and are consistent with the provisions of 
the ``Veterans' Benefits Act of 1997'' (Public Law 105-114).

DATES: Effective Date: March 6, 1998.

FOR FURTHER INFORMATION CONTACT: John W. Klein, Assistant General 
Counsel (024), 202-273-6380.

SUPPLEMENTARY INFORMATION: This document is published without regard to 
the notice and comment and effective date provisions of 5 U.S.C. 553 
since it relates to agency management and personnel.

Regulatory Flexibility Act

    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. This final rule would affect only 
individuals. Accordingly, pursuant to 5 U.S.C. 605(b), this final rule 
is exempt from the initial and final regulatory flexibility analysis 
requirements of Secs. 603 and 604.

[[Page 11122]]

    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: February 19, 1998.
Togo D. West, Jr.,
Acting Secretary.

    For the reasons stated above, 38 CFR part 2 is amended as set forth 
below.

PART 2--DELEGATIONS OF AUTHORITY

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

    Authority: 5 USC 302; 38 U.S.C. 501, 512; 44 U.S.C. 3702, unless 
otherwise noted.

    2. In Sec. 2.6, paragraph (e)(6) is revised to read as follows:


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

* * * * *
    (e) * * *
    (6) This section sets forth delegations of authority concerning 
decisionmaking regarding complaints alleging employment discrimination 
on grounds of race, color, religion, sex, national origin, age, 
disability or reprisal brought by an employee of the Department of 
Veterans Affairs or an applicant for employment.
    (i) Through August 31, 1998, the General Counsel, Deputy General 
Counsel, Assistant General Counsel of Professional Staff Group IV, 
Deputy Assistant General Counsel of Professional Staff Group IV, the 
Deputy Assistant Secretary for Resolution Management, Office of 
Resolution Management District Managers, and Office of Resolution 
Management Field Supervisory Managers are delegated authority to make 
procedural decisions (decisions to dismiss for untimeliness, for 
failure to state a claim, or for other procedural grounds). On and 
after September 1, 1998, the Deputy Assistant Secretary for Resolution 
Management, Office of Resolution Management District Managers, and 
Office of Resolution Management Field Supervisory Managers are 
delegated the sole authority to make procedural decisions.
    (ii) Through February 18, 1998, the General Counsel, Deputy General 
Counsel, Assistant General Counsel of Professional Staff Group IV, and 
the Deputy Assistant General Counsel of Professional Staff Group IV are 
delegated authority to make substantive decisions (merit decisions). On 
and after February 19, 1998, the Director, Office of Employment 
Discrimination Complaint Adjudication is delegated the sole authority 
to make substantive decisions.
    (iii) Notwithstanding other provisions of this section, a complaint 
alleging that the Secretary or the Deputy Secretary personally made a 
decision directly related to the matters in dispute, or are otherwise 
personally involved in such matters, will be referred for procedural 
and substantive decisionmaking to the Department of Defense or the 
Department of Justice pursuant to a cost-reimbursable agreement. 
Referral will not be made when the action complained of relates merely 
to routine ministerial approval of selection recommendations submitted 
to the Secretary by the Under Secretary for Health, the Under Secretary 
for Benefits, the Director, National Cemetery Service, assistant 
secretaries, or staff offices heads.

(Authority: 38 U.S.C. 512; Pub. L. 105-114)
* * * * *
[FR Doc. 98-5831 Filed 3-5-98; 8:45 am]
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