[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Rules and Regulations]
[Pages 10764-10765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04552]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP21


Vet Centers

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) adopts as final an 
interim final rule that amends its medical regulation that governs Vet 
Center services. The National Defense Authorization Act for Fiscal Year 
2013 (the 2013 Act) requires Vet Centers to provide readjustment 
counseling services to broader groups of veterans, members of the Armed 
Forces, including a member of a reserve component of the Armed Forces, 
and family members of such veterans and members. This final rule adopts 
as final the regulatory criteria to conform to the 2013 Act, to include 
new and revised definitions.

DATES: Effective date: March 2, 2016.

FOR FURTHER INFORMATION CONTACT: Michael Fisher, Readjustment 
Counseling Service (10RCS), Veterans Health Administration, Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; 
(202) 461-6525. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On August 4, 2015, VA published in the 
Federal Register an interim final rule that implemented the National 
Defense Authorization Act for Fiscal Year 2013, Public Law 112-239 
(Jan. 2, 2013) (the 2013 Act). 80 FR 46197. VA invited interested 
persons to submit comments on the interim final rule on or before 
October 5, 2015, and we received one comment. The commenter questioned 
why the rulemaking is including individuals who remotely control 
unmanned aerial vehicles as individuals who are entitled to receive 
readjustment counseling services and how has VA and the Department of 
Defense assessed the need for such services for this group of 
individuals. The requirement to provide readjustment counseling to 
individuals who remotely control unmanned aerial vehicles is mandated 
by Public Law 112-239, which is implemented by this rulemaking. We do 
not make any changes based on this comment.
    Finally, we make a technical edit to paragraphs (b) and (e) to 
ensure that these provisions are easier to understand. As amended in 
the interim final rule, the first sentence of the introductory 
paragraph to paragraph (b) read ``With the veteran's or member's of the 
Armed Forces, including a member of a reserve component of the Armed 
Forces, consent, VA will assist in obtaining proof of eligibility.'' We 
determined that this amendatory language was grammatically incorrect. 
We are now amending this sentence to read ``With the consent of the 
veteran or member of the Armed Forces, including a member of a reserve 
component of the Armed Forces, VA will assist in obtaining proof of 
eligibility.'' The first sentence of paragraph (e) was similarly 
incorrect and read ``Benefits under this section are furnished solely 
by VA Vet Centers, which maintain confidential records independent from 
any other VA or Department of Defense medical records and which will 
not disclose such records without either the veteran's or member's of 
the Armed Forces, including a member of a reserve component of the 
Armed Forces, voluntary, signed authorization, or a specific exception 
permitting their release.'' This sentence now reads ``Benefits under 
this section are furnished solely by VA Vet Centers, which maintain 
confidential records independent from any other VA or Department of 
Defense medical records and which will not disclose such records 
without the voluntary signed authorization of the veteran or member of 
the Armed Forces (including a member of a reserve component of the 
Armed Forces), or where a specific exception permits disclosure.''
    Based on the rationale set forth in the interim final rule and in 
this document, VA is adopting the provisions of the interim final rule 
as a final rule making only technical edits.

Administrative Procedure Act

    In accordance with U.S.C. 553(b)(B) and (d)(3), the Secretary of 
Veterans Affairs concluded that there was good cause to publish this 
rule without prior opportunity for public comment and to publish this 
rule with an immediate effective date. This final rule incorporates a 
specific program requirement mandated by Congress in Public Law 112-
239. The Secretary finds that it is impracticable and contrary to the 
public interest to delay this rule for the purpose of soliciting 
advance public comment or to have a delayed effective date. This rule 
will increase the pool of individuals who are eligible to receive 
mental health care at Vet Centers. This rule will also increase access 
to much needed mental health care services in Vet Centers. For the 
above reason, the Secretary, through this rulemaking, adopts as final 
an interim final rule in which we provided prior notice and opportunity 
for the public to comment.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

[[Page 10765]]

Paperwork Reduction Act

    Although this action contains provisions constituting collections 
of information, at 38 CFR 17.2000, under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3521), no new or proposed revised collections of 
information are associated with this final rule. The information 
collection requirements for Sec.  17.2000 are currently approved by the 
Office of Management and Budget (OMB) and have been assigned OMB 
control number 2900-0787.

Regulatory Flexibility Act

    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, 5 U.S.C. 601-
612. This final rule directly affects only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rulemaking is exempt from the initial and final regulatory 
flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by 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 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published from Fiscal Year 2004 to Fiscal Year to Date.

Unfunded Mandates

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

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are as follows: 64.009, Veterans 
Medical Care Benefits; 64.018, Sharing Specialized Medical Resources; 
64.019, Veterans Rehabilitation Alcohol and Drug Dependence; and 
64.024, VA Homeless Providers Grant and Per Diem Program.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Robert D. 
Snyder, Interim Chief of Staff, Department of Veterans Affairs, 
approved this document on February 25, 2016, for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Drug abuse, Health care, Health facilities, Homeless, Mental health 
programs, Veterans.

    Dated: February 26, 2016.
William F. Russo,
Director, Office of Regulation Policy & Management, Office of the 
General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the interim rule published 
August 4, 2015, at 80 FR 46197, is adopted as final without change.

[FR Doc. 2016-04552 Filed 3-1-16; 8:45 am]
 BILLING CODE 8320-01-P