Public Notice of Proposed Waivers, 23342 [2018-10638]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Page 23342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10638]



[[Page 23342]]

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DEPARTMENT OF VETERANS AFFAIRS


Public Notice of Proposed Waivers

AGENCY:  Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Department of Veterans Affairs (VA) will operate a website 
where the public may review and comment on VA employee requests for 
waiver of the prohibition against an employee's receipt of any wages, 
salary, dividends, profits, gratuities, or services from, or ownership 
of any interest in, a for-profit educational institution in which an 
eligible person or veteran is pursuing a program of education under a 
VA education benefits program.

FOR FURTHER INFORMATION CONTACT: Christopher Britt, Office of General 
Counsel (02-EST), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, 202-461-7637 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 3683, and implementing 
regulations at 38 CFR 21.4005, Department of Veterans Affairs (VA) 
employees who received any wages, salary, dividends, profits, 
gratuities, or services from, or owned any interest in, a for-profit 
educational institution in which an eligible person or veteran is 
pursuing a program of education under a VA education benefits program, 
must be removed from Federal service, unless VA leadership grants a 
waiver.
    On September 14, 2017, VA proposed to waive the application of 
Sec.  3683(a) for all VA employees, as long as employees abided by 18 
U.S.C. 208 and 5 CFR 2635.502, two conflict-of-interest laws that limit 
the extent to which Federal employees may participate in Federal 
matters that affect their own financial interests and those of certain 
non-Federal persons or entities (see 82 FR 43288). On October 16, 2017, 
after further consideration, including review of comments submitted in 
response to the September 14, 2017, notice, VA withdrew this proposal 
(see 82 FR 48153).
    VA will mandate that all employees who require a waiver under Sec.  
3683 must individually request a waiver from the appropriate VA 
official. Employees who satisfy the waiver criteria at 38 CFR 
21.4005(b)(1) must request a waiver from either their facility head 
(for employees under the jurisdiction of a facility head) or the 
Director, Education Service (for employees not under the jurisdiction 
of a facility head). Employees who do not satisfy the waiver criteria 
at 38 CFR 21.4005(b)(1) must request a waiver from the Under Secretary 
for Benefits, as the Secretary of Veterans Affairs has delegated to the 
Under Secretary for Benefits the authority, under 38 CFR 21.4005(c)(3), 
to grant waivers to employees who do not satisfy the waiver criteria.
    Section 3683(d) requires ``reasonable notice and public hearings'' 
prior to the granting of a waiver. Accordingly, when VA proposes to 
grant a waiver, VA will post data from the waiver request to a publicly 
available website (https://www.va.gov/ogc/38_usc_3683.asp) and allow 
the public 30 days to comment on the proposed waiver. Courts have found 
that a ``public hearing'' requirement may be satisfied, at least in 
some circumstances, by written public notice and an opportunity to 
submit written comments. See, e.g., UFW v. Adm'r, EPA, 592 F.3d 1080, 
2010 U.S. App. LEXIS 1712 (9th Cir., 2010). Because website posting of 
proposed waivers and soliciting written comments on these waivers would 
allow for more participation than in-person hearings, VA has concluded 
that such process would serve the purpose of Sec.  3683 more 
effectively than in-person hearings at specified times and places.

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. Peter 
O'Rourke, Chief of Staff, Department of Veterans Affairs, approved this 
document on May 14, 2017, for publication.

    Dated: May 14, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.
[FR Doc. 2018-10638 Filed 5-17-18; 8:45 am]
 BILLING CODE 8320-01-P