[Federal Register Volume 67, Number 16 (Thursday, January 24, 2002)]
[Rules and Regulations]
[Pages 3433-3435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1735]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 2 and 15

RIN 2900-AJ63


Delegations of Authority--Equal Employment Opportunity (EEO) 
Responsibilities

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document delegates to certain Department of Veterans 
Affairs (VA) officials authority to supervise and control the operation 
of the administrative Equal Employment Opportunity (EEO) Discrimination 
Complaint Processing System; to make procedural decisions to accept or 
dismiss discrimination complaints; to decide breach of settlement 
agreement claims; to resolve claims of dissatisfaction with the 
processing of previously filed discrimination complaints; to make under 
limited circumstances substantive final agency decisions; and take 
final agency action following an Equal Employment Opportunity 
Commission (EEOC) Administrative Judge's decision; and to monitor 
agency compliance with orders and decisions of the Office of Employment 
Discrimination Complaint Adjudication (OEDCA) and EEOC. The document 
also requires that any complaint filed against the Secretary or Deputy 
Secretary based upon personal actions or decisions by these officials 
as opposed to ministerial actions will be transferred to another 
Federal agency for processing and adjudication on a cost reimbursable 
basis. This document also makes changes to reflect that the Deputy 
Assistant Secretary for Resolution Management is responsible for 
coordinating activities regarding allegations of discrimination on the 
basis of handicap in programs and activities conducted by VA.

DATES: Effective Date: January 24, 2002.

FOR FURTHER INFORMATION CONTACT: James S. Jones, Deputy Assistant 
Secretary for Resolution Management, 202-501-2800.

SUPPLEMENTARY INFORMATION: When the Department's EEO complaint 
resolution process was reorganized several years ago, a cumbersome 
regulation was promulgated which outlined a transitional process for 
the transfer of procedural decision making authority from the Office of 
General Counsel to the Office of Resolution Management (ORM). Since 
that time, the authority transfer has been completed, and there is no 
further need for the bifurcated authority in the regulation. It is 
rescinded by this document, and in its place new regulations delegate a 
series of authorities to manage the employment discrimination complaint 
resolution process; to make procedural decisions to accept or dismiss 
complaints; to decide claims of breach of settlement agreement; to 
resolve claims of dissatisfaction related to the processing of a 
previously filed employment discrimination complaint; to make limited 
substantive final agency decisions and to take final agency action 
following an EEOC Administrative Judge's decision; to monitor agency 
compliance with the orders and decisions of OEDCA and EEOC; and to 
transfer to another federal agency for processing and adjudication any 
complaints filed against the Secretary or Deputy Secretary based upon 
their personal actions or decisions rather than ministerial actions.
    The Deputy Assistant Secretary for Resolution Management is 
delegated authority to supervise and control the operation of the 
administrative EEO discrimination complaint processing within the 
Department. The Deputy Assistant Secretary for Resolution Management, 
the Chief Operating Officer, and Regional EEO Officers/Field Managers 
are delegated authority to accept or dismiss discrimination complaints 
filed by employees, former employees, and applicants for employment. 
The Deputy Assistant Secretary for Resolution Management, the Chief 
Operating Officer, and the Chief, Policy and Compliance are also

[[Page 3434]]

delegated authority to decide breach of settlement agreement claims, 
resolve claims which express dissatisfaction with the processing of a 
previously filed employment discrimination complaint, and to monitor 
agency compliance with the orders and decisions of OEDCA and EEOC.
    The Director and Associate Director of OEDCA are delegated 
authority to make procedural decisions to accept or dismiss employment 
discrimination complaints filed by employees, former employees and 
applicants for employment that may be pending before OEDCA, where the 
interests of administrative complaint processing efficiency may be best 
served by OEDCA making such decisions. The Director and Associate 
Director are also delegated authority to dismiss, in whole or in part, 
discrimination complaints filed by employees, former employees, and 
applicants for employment against ORM; to decide all breach of 
settlement claims raised by ORM employees, former employees, or 
applicants for employment; to consider and resolve claims by ORM 
employees, former employees, and applicants for employment that express 
dissatisfaction with the processing of previously filed complaints; and 
to make procedural decisions to accept or dismiss, in whole or in part, 
discrimination complaints filed by employees, former employees, and 
applicants for employment, where ORM must recuse itself because of an 
actual, apparent, or potential conflict of interest.
    The Chairman, Board of Contract Appeals, is delegated authority to 
make procedural decisions to accept or dismiss, in whole or in part, 
discrimination complaints filed by employees, former employees, and 
applicants for employment and to make substantive decisions and take 
final agency actions following a decision by an EEOC Administrative 
Judge in cases where OEDCA has recused itself due to an actual, 
apparent, or potential conflict of interest.
    Where an EEO complaint is based upon the personal actions or 
decisions of the Secretary or Deputy Secretary rather than ministerial 
acts, the complaint will be transferred to another Federal agency for 
processing and adjudication on a cost reimbursement basis. This 
document also makes changes to reflect that the Deputy Assistant 
Secretary for Resolution Mangement is responsible for coordinating 
activities regarding allegations of discrimination on the basis of 
handicap in programs and activities conducted by VA.
    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.
    There is no Catalog of Federal Domestic Assistance number for this 
final rule.

List of Subjects

38 CFR Part 2

    Authority delegations (Government agencies).

38 CFR Part 15

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

    Approved: January 9, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR parts 2 and 15 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, 552a; 38 U.S.C. 501, 512, 515, 1729; 44 
U.S.C. 3702, unless otherwise noted.


    2. Section 2.6 is amended by:
    A. Removing paragraph (e)(6);
    B. Redesignating paragraphs (e)(7) through (e)(12) as paragraphs 
(e)(6) through (e)(11), respectively;
    C. Adding paragraphs (h), (i), (j), and (k) immediately following 
the authority citation for paragraph (g).
    The additions and revisions read as follows:


Sec. 2.6  Secretary's Delegations of Authority to Certain Officials (38 
U.S.C. 512).

* * * * *
    (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.

[[Page 3435]]

    (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 Contract 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 Contract 
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; and to take agency action following a decision 
by an EEOC Administrative Judge.
    (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).

PART 15--ENFORCEMENT OF NON-DISCRIMINATION ON THE BASIS OF HANDICAP 
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS 
AFFAIRS

    3. The authority citation for part 15 continues to read as follows:

    Authority: 29 U.S.C. 794, unless otherwise noted.


Sec. 15.170  [Amended]

    4. In Sec. 15.170, paragraph (c) is amended by removing ``Equal 
Employment Opportunity'' each time it appears, and adding, in its 
place, ``Resolution Management''.
[FR Doc. 02-1735 Filed 1-23-02; 8:45 am]
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