Rule2024-18419
Veteran Readiness and Employment Program: Delegation of Concurrence for Entitlement Extensions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2024
Effective
August 16, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is amending its regulations to authorize VA Regional Office (RO) Veteran Readiness and Employment Officers (VREO) to delegate their concurrence authority to extend a Veteran's entitlement to a rehabilitation program. The inability to delegate can delay the delivery of services if a VREO is unexpectedly out of the office for an extended period. A delegation of authority for entitlement extensions would follow other established procedures that allow for delegation of authority to a designee.
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66579-66580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18419]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AS14
Veteran Readiness and Employment Program: Delegation of
Concurrence for Entitlement Extensions
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations to authorize VA Regional Office (RO) Veteran Readiness and
Employment Officers (VREO) to delegate their concurrence authority to
extend a Veteran's entitlement to a rehabilitation program. The
inability to delegate can delay the delivery of services if a VREO is
unexpectedly out of the office for an extended period. A delegation of
authority for entitlement extensions would follow other established
procedures that allow for delegation of authority to a designee.
DATES: This rule is effective August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Loraine Spangler, Policy Analyst,
Veteran Readiness and Employment Services (28), 810 Vermont Avenue NW,
Washington, DC 20420, <a href="/cdn-cgi/l/email-protection#a7cbc8d5c6cec9c289d4d7c6c9c0cbc2d5e7d1c689c0c8d1"><span class="__cf_email__" data-cfemail="fc90938e9d959299d28f8c9d929b90998ebc8a9dd29b938a">[email protected]</span></a>, 202-461-9600. (This is
not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: VA is amending 38 CFR 21.78(d) to authorize
VREOs to delegate their concurrence authority to extend a Veteran's
entitlement to a rehabilitation program. The lack of authority to
delegate can delay the delivery of services if a VREO is out of the
office for an extended period. A delegation of authority for
entitlement extensions would follow other established procedures that
allow for delegation of authority to a designee.
The total period a Veteran may participate in a Veteran Readiness
and Employment rehabilitation program under chapter 31 alone may not
exceed 48 months; however, there are situations when VA may extend a
Veteran's entitlement to meet their individual needs. This is not
automatically granted, and the Veteran must meet established criteria.
Currently, only a VREO can provide the required concurrence for an
extension that will exceed the 48-month limitation.
VA has general delegation authority under 38 U.S.C. 512(a). This
amendment aligns with 38 U.S.C. 3105(b), will decrease approval times
for entitlement extensions, and will allow for more timely services to
Veterans.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under the Administrative Procedure Act (APA) to publish this rule
without prior opportunity for public comment and with an immediate
effective date. Pursuant to 5 U.S.C. 553(b)(B), general notice and
opportunity for public comment are not required with respect to a
rulemaking when an ``agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' The Secretary finds
that it is unnecessary to delay issuance of this rule for the purpose
of soliciting prior public comment. This final rule will neither amend
the substantive content of the regulation cited nor have a substantive
impact on the public. Rather, the delegation of authority in 38 CFR
21.78(d) is procedural in nature and within VA's general delegation
authority under 38 U.S.C. 512(a). Consequently, this rule is exempt
from the notice-and-comment requirement as a rule of agency
organization, procedure, or practice pursuant to 5 U.S.C. 553(b)(A).
The APA also requires a 30-day delayed effective date, except for
``(1) a substantive rule which grants or recognizes an exemption or
relieves a restriction; (2) interpretative rules and statements of
policy; or (3) as otherwise
[[Page 66580]]
provided by the agency for good cause found and published with the
rule.'' 5 U.S.C. 553(d). For the reasons stated above, the Secretary
finds that there is also good cause for this rule to be effective
immediately upon publication. Any delay in implementation would be
unnecessary for purposes of 5 U.S.C. 553(d)(3).
Executive Orders 12866, 13563, and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
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 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, is not applicable
to this rulemaking because notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), 604(a).
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.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--Veterans, Health care, Loan programs--education, Loan
programs--Veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Veteran readiness.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on August 13, 2024, 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.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs is amending 38 CFR part 21 as set forth below:
PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION
Subpart A--Veteran Readiness and Employment
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1. The authority citation for part 21, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in
specific sections.
Sec. 21.78 [Amended]
0
2. Amend Sec. 21.78, in paragraph (d), by adding in the first
sentence, after the word ``Officer'', the words ``or designee''.
[FR Doc. 2024-18419 Filed 8-15-24; 8:45 am]
BILLING CODE 8320-01-P
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