80 FR 46197 - Vet Centers
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 80, Issue 149 (August 4, 2015)
Federal Register Volume 80, Issue 149 (August 4, 2015)
| Page Range | 46197-46200 | |
| FR Document | 2015-18988 |
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)] [Rules and Regulations] [Pages 46197-46200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18988] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AP21 Vet Centers AGENCY: Department of Veterans Affairs. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) is amending 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 interim final rule amends regulatory criteria to conform to the 2013 Act, to include new and revised definitions. DATES: Effective date: This rule is effective on August 4, 2015. Comment date: Comments must be received by VA on or before October 5, 2015. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to ``RIN 2900-AP21--Vet Centers.'' Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov. 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 September 17, 2013, VA promulgated 38 CFR 17.2000, which implemented VA's authority to provide readjustment counseling services through Vet Centers based on 38 U.S.C. 1712A, as amended by the Caregivers and Veterans Omnibus Health Services Act of 2010 (the 2010 Act), Public Law 111-163, sec. 304, 401(a) and (b). The 2010 Act amended section 1712A to require VA to provide readjustment counseling services to certain servicemembers and veterans who served on active duty in specific theaters of combat operations, or in certain areas in which hostilities occurred. The 2010 Act also mandated that VA provide readjustment counseling to veterans and servicemembers of Operation Enduring Freedom and Operation Iraqi Freedom, and the family members of such veterans and servicemembers after the veterans and servicemembers return from deployment. Although not expressly stated in the 2010 Act, VA also considered veterans, servicemembers, and the family members of such veterans and servicemembers who participated in Operation New Dawn as eligible for readjustment counseling. In promulgating Sec. 17.2000, VA implemented the mandates in the 2010 Act, as well as interpreted section 1712A to permit VA to provide readjustment counseling to family members of all veterans that were themselves eligible for readjustment counseling. See 77 FR 14707 and 78 FR 57067. The term ``servicemembers'' as used in Sec. 17.2000 means a member of the Armed Forces, including a member of a reserve component of the Armed Forces. We note, however, that the terms servicemembers and member of the Armed Forces, including a member [[Page 46198]] of a reserve component of the Armed Forces, are not used consistently in Sec. 17.2000. We are, therefore, amending Sec. 17.2000 to reflect the statutory language, which is member of the Armed Forces, including a member of a reserve component of the Armed Forces. This change in term will not affect or otherwise change the types of individuals who are eligible to receive care in Vet Centers. On January 2, 2013, Congress enacted the National Defense Authorization Act for Fiscal Year 2013, Public Law 112-239 (Jan. 2, 2013) (the 2013 Act), section 727 of the 2013 Act amended section 1712A to broaden the groups of individuals who are eligible to receive readjustment counseling from VA. Section 17.2000 is revised to conform to these amendments. Section 1712A(a)(1)(C)(i) requires VA to provide readjustment counseling to veterans and members of the Armed Forces, including a member of a reserve component of the Armed Forces, who served on active duty in a theater of combat operations or an area at a time during which hostilities occurred in that area, without restricting eligibility to any specific theater during combat operations, or any specific area of hostilities. Paragraph (a) of Sec. 17.2000 is revised to restate this statutory eligibility in new Sec. 17.2000(a)(1)(i). We note that Sec. 17.2000(a)(1)(i), as revised by this rulemaking, encompasses the categories of eligible veterans and members of the Armed Forces, including a member of a reserve component of the Armed Forces, that are listed in current Sec. 17.2000(a)(1) through (a)(4). The revisions made by this rulemaking merely restate and reorganize the existing language to clarify that the listed individuals have been and will continue to be eligible for readjustment counseling. Section 1712A(a)(1)(C)(ii) requires that VA provide readjustment counseling to a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, who provided direct emergency medical or mental health care, or mortuary services to the casualties of combat operations or hostilities, but who at the time was located outside the theater of combat operations or area of hostilities. Paragraph (a) of Sec. 17.2000 is revised to restate this statutory eligibility in new Sec. 17.2000(a)(1)(ii). Section 1712A(a)(C)(1)(iii) states that VA shall provide readjustment counseling to a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, who engaged in combat with an enemy of the United States or against an opposing military force in a theater of combat operations or an area at a time during which hostilities occurred in that area by remotely controlling an unmanned aerial vehicle, notwithstanding whether the physical location of such veteran or member during such combat was within such theater of combat operations or area. Paragraph (a) of Sec. 17.2000 is revised to restate this statutory eligibility in new Sec. 17.2000(a)(1)(iii). VA consulted with the Department of Defense (DoD) to clarify the individuals who are considered as remotely controlling an unmanned aerial vehicle. DoD indicated that individuals who remotely control unmanned aerial vehicles includes, but is not limited to, individuals who pilot the unmanned aerial vehicle as well as individuals who are crew members of the unmanned aerial vehicle and participate in combat related missions. The crew members could include, but are not limited to, intelligence analysts or weapons specialists who control the cameras, engage the weapon systems, as well as those individuals who are directly responsible for the mission of the unmanned aerial vehicle. We defer to DoD's expertise in classifying the individuals who remotely control an unmanned aerial vehicle because they are the ultimate subject matter experts in this field. We are not restricting who VA considers to control an unmanned aerial vehicle, we are merely clarifying who is eligible for readjustment counseling services. This clarifying language is included in paragraph (a)(1)(iii). Section 1712A(1)(C)(iv) requires that VA provide readjustment counseling to any individual who received counseling under this section before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013. We are revising Sec. 17.2000(a) to include these individuals as eligible to receive readjustment counseling under new Sec. 17.2000(a)(2). New paragraph (a)(2) is added to clearly state that VA will continue to provide readjustment counseling to individuals who had been receiving such counseling prior to the 2013 Act. Section 1712A(a)(1)(C)(v)(I) requires that readjustment counseling shall be provided to the family members of a member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is serving on active duty in a theater of combat operations or in an area at a time during which hostilities are occurring in that area. Readjustment counseling shall also be provided to family members of veterans and members of the Armed Forces, including a member of a reserve component of the Armed Forces, who are eligible to receive readjustment counseling under section 1712A, namely those previously listed in this rulemaking. See 38 U.S.C. 1712A(a)(1)(C)(v)(II). Paragraph (a) of Sec. 17.2000 is revised to restate this statutory eligibility in new Sec. 17.2000(a)(3), which uses the broader language in section 1712A (a)(1)(C)(v)(II), because it encompasses the eligibility in (a)(1)(C)(v)(I). Current Sec. 17.2000(a)(5) already provides readjustment counseling broadly to all family members, and new Sec. 17.2000(a)(3) is merely a renumbering of current Sec. 17.2000(a)(5). Section 1712A provides a definition of the term ``family member'' that is substantively identical to the definition of ``family member'' in current Sec. 17.2000(a)(5), and this definition will be restated in new Sec. 17.2000(a)(3). Current paragraph (d) of Sec. 17.2000 contains a list of the readjustment counseling services provided by the Vet Centers, defines a ``psychosocial assessment,'' and generally states that readjustment counseling may be provided to eligible veterans and servicemembers, and to their family members when such services would aid in the readjustment of a veteran or servicemember. Section 1712A(a)(1)(B) of 38 U.S.C. uses the term ``comprehensive individual assessment'' with a definition identical to ``psychosocial assessment'' as it is currently used in Sec. 17.2000. We will continue to use the term ``psychosocial assessment'' because it is the term most widely used in VA. We do not interpret the term ``psychosocial assessment'' to have a different meaning than the statutory term ``comprehensive individual assessment.'' We are adding paragraphs (d)(1) through (d)(3) to Sec. 17.2000(d) to better explain when readjustment counseling is provided to veterans, members of the Armed Forces, including a member of a reserve component of the Armed Forces, and their family members, consistent with subsections (a)(1)(B)(i) and (a)(1)(B)(ii) of section 1712A. New Sec. 17.2000(d)(1) states that readjustment counseling is provided for the readjustment of veterans and members of the Armed Forces, including a member of a reserve component of the Armed Forces, to civilian life or readjustment to continued military service following participation in or in support of operations in a combat theater or area of hostility. New Sec. 17.2000(d)(2) states that readjustment counseling is provided for the readjustment of a family member of a member of the Armed Forces, [[Page 46199]] including a member of a reserve component of the Armed Forces, to aid the family member in coping with such member's deployment. We had previously stated in a proposed rulemaking that readjustment counseling was provided to the veteran's or servicemember's family to assist such veteran in readjusting to civilian life, and further that the readjustment counseling provided to the family members is only to the extent that such readjustment relates to the veteran's or servicemember's military experience. 77 FR 14707, Mar. 13, 2012. The 2013 Act also states that readjustment counseling is provided to such individuals to assist the individual in coping with the veteran's or member's of the Armed Forces, including a member of a reserve component of the Armed Forces, deployment, to assist in the readjustment of the veteran or member to civilian life. We are amending Sec. 17.2000 by adding a new paragraph (d)(3) to conform with the 2013 Act and current VA policy by stating that readjustment counseling is provided to a family member of a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, to aid in a veteran's or member's readjustment to civilian or continued military service following participation in or in support of operations in a combat theater or area of hostility, only as it relates to the veteran's or member's military experience. Section 1712A(h)(1) defines the term ``Vet Center.'' We add a substantively identical definition of ``Vet Center'' as the last sentence in Sec. 17.2000(e), to mean ``a facility that is operated by VA for the provision of services under this section and that is situated apart from a VA general health care facility.'' Section 17.2000(e) deals with the confidentiality of Vet Center records and this definition will reassure the individuals who receive readjustment counseling that VA maintains the confidentiality of records associated with readjustment counseling. The authority citation at the end of Sec. 17.2000 is currently 38 U.S.C. 501, 1712A, 1782, and 1783; Pub. L. 111-163, sec. 304, 401, and 402. Because the 2013 Act supersedes the 2010 Act, we amend the authority citation at the end of Sec. 17.2000 to simply state 38 U.S.C. 501, 1712A, 1782, and 1783. 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 interim 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 issues this rule as an interim final rule. VA will consider and address comments that are received within 60 days of the date this interim final rule is published in the Federal Register. Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this interim 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. 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 interim 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 interim 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 [[Page 46200]] (adjusted annually for inflation) in any one year. This interim 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 L. Nabors, II, Chief of Staff, approved this document on July 29, 2015, 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: July 29, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management, US Department of Veterans Affairs. For the reasons set forth in the preamble, the Department of Veterans Affairs amends 38 CFR part 17 as follows: PART 17--MEDICAL 0 1. The authority citation for part 17 continues to read as follows: Authority: 38 U.S.C. 501, and as noted in specific sections. 0 2. Amend Sec. 17.2000 by: 0 a. Revising paragraph (a). 0 b. In paragraph (b) introductory text, removing the term ``servicemember's'' and adding in its place ``member's of the Armed Forces, including a member of a reserve component of the Armed Forces,''. 0 b. Revising paragraph (d). 0 c. Revising paragraph (e). 0 d. Revising the authority citation at the end of the section. The revisions read as follows: Sec. 17.2000 Vet Center services. (a) Eligibility for readjustment counseling. Upon request, VA will provide readjustment counseling to any individual who: (1) Is a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, who: (i) Served on active duty in a theater of combat operations or an area of hostilities (i.e., an area at a time during which hostilities occurred in that area); or (ii) Provided direct emergency medical or mental health care, or mortuary services, to the causalities of combat operations or hostilities, but who at the time was located outside the theater of combat operations or area of hostilities; or (iii) Engaged in combat with an enemy of the United States or against an opposing military force in a theater of combat operations or an area at a time during which hostilities occurred in that area by remotely controlling an unmanned aerial vehicle operations, notwithstanding whether the physical location of such veteran or member during such combat was within such theater of combat operations or area. Individuals who remotely control unmanned aerial vehicles includes, but is not limited to, individuals who pilot the unmanned aerial vehicle as well as individuals who are crew members of the unmanned aerial vehicle and participate in combat related missions. The crew members include, but are not limited to, intelligence analysts or weapons specialists who control the cameras, engage the weapon systems, as well as those individuals who are directly responsible for the mission of the unmanned aerial vehicle. (2) Received counseling under this section before January 2, 2013. (3) Is a family member of a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is eligible for readjustment counseling under paragraphs (a)(1) or (a)(2) of this section. For purposes of this section, family member includes, but is not limited to, the spouse, parent, child, step-family member, extended family member, and any individual who lives with the veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, but is not a member of the veteran's or member's family. * * * * * (d) Readjustment counseling defined. For the purposes of this section, readjustment counseling includes, but is not limited to: Psychosocial assessment, individual counseling, group counseling, marital and family counseling for military-related readjustment issues, substance abuse assessments, medical referrals, referral for additional VA benefits, employment assessment and referral, military sexual trauma counseling and referral, bereavement counseling, and outreach. A ``psychosocial assessment'' under this paragraph means the holistic assessing of an individual's psychological, social, and functional capacities as it relates to their readjustment from combat theaters. Readjustment counseling is provided to: (1) Veterans and members of the Armed Forces, including a member of a reserve component of the Armed Forces, for the purpose of readjusting to civilian life or readjustment to continued military service following participation in or in support of operations in a combat theater or area of hostility. (2) A family member of a member of the Armed Forces, including a member of a reserve component of the Armed Forces, for the purpose of coping with such member's deployment. (3) A family member of a veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, to aid in a veteran's or member's readjustment to civilian or continued military service following participation in or in support of operations in a combat theater or area of hostility, only as it relates to the veteran's or member's military experience. * * * * * (e) Confidentiality. 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. For more information, see 5 U.S.C. 552a, 38 U.S.C. 5701 and 7332, 45 CFR parts 160 and 164, and VA's System of Records 64VA15, ``Readjustment Counseling Service Vet Center Program.'' The term Vet Center means a facility that is operated by VA for the provision of services under this section and that is situated apart from a VA general health care facility. (Authority: 38 U.S.C. 501, 1712A, 1782, and 1783) (The Office of Management and Budget has approved the information collection requirement in this section under control number 2900- 0787.) [FR Doc. 2015-18988 Filed 8-3-15; 8:45 am] BILLING CODE 8320-01-P
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List of Subjects in 33 CFR Part 165 (2) Regulations. In accordance with submitted in response to ‘‘RIN 2900–
Harbors, Marine safety, Navigation the general regulations in 33 CFR part AP21—Vet Centers.’’ Copies of
(water), Reporting and recordkeeping 165 Subpart B, persons or vessels comments received will be available for
desiring to exercise their First public inspection in the Office of
requirements, Security measures,
Amendment right to free speech Regulation Policy and Management,
Waterways.
regarding Royal Dutch Shell’s Arctic Room 1068, between the hours of 8:00
For the reasons discussed in the drilling and exploration operations may a.m. and 4:30 p.m., Monday through
preamble, the Coast Guard amends 33 enter the regulated navigation area at Friday (except holidays). Please call
CFR part 165 as follows: any time. All other persons or vessels (202) 461–4902 for an appointment.
are advised to avoid the regulated (This is not a toll-free number.) In
PART 165—REGULATED NAVIGATION addition, during the comment period,
navigation area. When inside the
AREAS AND LIMITED ACCESS AREAS comments may be viewed online
regulated navigation area, all vessels
■ 1. The authority citation for part 165 must proceed at no wake speed and through the Federal Docket Management
continues to read as follows: with due regard for all other persons System (FDMS) at www.Regulations.gov.
and/or vessels inside the regulated FOR FURTHER INFORMATION CONTACT:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; navigation area. Michael Fisher, Readjustment
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (c) Dates. This rule will be enforced
Department of Homeland Security Delegation Counseling Service (10RCS), Veterans
No. 0170.1.
from July 22, 2015 through August 22, Health Administration, Department of
2015. Veterans Affairs, 810 Vermont Avenue
■ 2. Add § 165.T13–292 to read as NW., Washington, DC 20420; (202) 461–
Dated: July 22, 2015.
follows: 6525. (This is not a toll-free number.)
D.L. Cottrell,
§ 165.T13–292 Safety Zones and Regulated Captain, U.S. Coast Guard, Acting SUPPLEMENTARY INFORMATION: On
Navigation Area; Shell Arctic Drilling/ Commander, Thirteenth Coast Guard District. September 17, 2013, VA promulgated 38
Exploration Vessel and Associated [FR Doc. 2015–19120 Filed 8–3–15; 8:45 am] CFR 17.2000, which implemented VA’s
Voluntary First Amendment Area, Portland, authority to provide readjustment
BILLING CODE 9110–04–P
OR. counseling services through Vet Centers
(a) Safety Zones—(1) Location. The based on 38 U.S.C. 1712A, as amended
following areas are designated as safety by the Caregivers and Veterans Omnibus
DEPARTMENT OF VETERANS
zones: Health Services Act of 2010 (the 2010
AFFAIRS
(i) All waters within a rectangle Act), Public Law 111–163, sec. 304,
measuring 500 yards in front and 100 38 CFR Part 17 401(a) and (b). The 2010 Act amended
yards to the port, starboard, and astern section 1712A to require VA to provide
of the vessel FENNICA and any other RIN 2900–AP21 readjustment counseling services to
vessel actively engaged in towing or certain servicemembers and veterans
Vet Centers
escorting it while transiting within the who served on active duty in specific
U.S. Territorial or Internal Waters of the AGENCY: Department of Veterans Affairs. theaters of combat operations, or in
Sector Columbia River Captain of the ACTION: Interim final rule. certain areas in which hostilities
Port Zone as defined in 33 CFR 3.65–15. occurred. The 2010 Act also mandated
(ii) All waters within 100 yards of the SUMMARY: The Department of Veterans that VA provide readjustment
vessel FENNICA while moored, Affairs (VA) is amending its medical counseling to veterans and
anchored, or in drydock within the U.S. regulation that governs Vet Center servicemembers of Operation Enduring
Territorial or Internal Waters of the services. The National Defense Freedom and Operation Iraqi Freedom,
Sector Columbia River Captain of the Authorization Act for Fiscal Year 2013 and the family members of such
Port Zone as defined in 33 CFR 3.65–15. (the 2013 Act) requires Vet Centers to veterans and servicemembers after the
(2) Regulations. In accordance with provide readjustment counseling veterans and servicemembers return
the general regulations in 33 CFR part services to broader groups of veterans, from deployment. Although not
165 Subpart C, no persons or vessels members of the Armed Forces, expressly stated in the 2010 Act, VA
may enter these safety zones unless including a member of a reserve also considered veterans,
authorized by the Captain of the Port, component of the Armed Forces, and servicemembers, and the family
Columbia River or his designated family members of such veterans and members of such veterans and
representative. To request permission to members. This interim final rule servicemembers who participated in
enter one of these safety zones contact amends regulatory criteria to conform to Operation New Dawn as eligible for
the Coast Guard Sector Columbia River the 2013 Act, to include new and readjustment counseling. In
Command Center at 866–284–6958 or revised definitions. promulgating § 17.2000, VA
503–861–6211, or the on-scene Law DATES: Effective date: This rule is implemented the mandates in the 2010
Enforcement patrol craft, if any, via effective on August 4, 2015. Act, as well as interpreted section
VHF–FM CH 16. If permission for entry Comment date: Comments must be 1712A to permit VA to provide
into one of these safety zones is granted, received by VA on or before October 5, readjustment counseling to family
vessels must proceed at a minimum 2015. members of all veterans that were
speed for safe navigation. ADDRESSES: Written comments may be themselves eligible for readjustment
(b) Regulated Navigation Area—(1) submitted through counseling. See 77 FR 14707 and 78 FR
mstockstill on DSK4VPTVN1PROD with RULES
Location. The following area is www.Regulations.gov; by mail or hand- 57067. The term ‘‘servicemembers’’ as
designated as a regulated navigation delivery to Director, Regulation Policy used in § 17.2000 means a member of
area: All waters of Swan Island Basin and Management (02REG), Department the Armed Forces, including a member
south east from a line connecting the of Veterans Affairs, 810 Vermont of a reserve component of the Armed
following points: 45°34′04″ N, Avenue NW., Room 1068, Washington, Forces. We note, however, that the
122°42′57″ W and 45°34′00″ N, DC 20420; or by fax to (202) 273–9026. terms servicemembers and member of
122°43′03″ W. Comments should indicate that they are the Armed Forces, including a member
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![46200 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations
(adjusted annually for inflation) in any provide readjustment counseling to any counseling for military-related
one year. This interim final rule will individual who: readjustment issues, substance abuse
have no such effect on State, local, and (1) Is a veteran or member of the assessments, medical referrals, referral
tribal governments, or on the private Armed Forces, including a member of a for additional VA benefits, employment
sector. reserve component of the Armed Forces, assessment and referral, military sexual
who: trauma counseling and referral,
Catalog of Federal Domestic Assistance
(i) Served on active duty in a theater bereavement counseling, and outreach.
The Catalog of Federal Domestic of combat operations or an area of A ‘‘psychosocial assessment’’ under this
Assistance numbers and titles for the hostilities (i.e., an area at a time during paragraph means the holistic assessing
programs affected by this document are which hostilities occurred in that area); of an individual’s psychological, social,
as follows: 64.009, Veterans Medical or and functional capacities as it relates to
Care Benefits; 64.018, Sharing (ii) Provided direct emergency their readjustment from combat theaters.
Specialized Medical Resources; 64.019, medical or mental health care, or Readjustment counseling is provided to:
Veterans Rehabilitation Alcohol and mortuary services, to the causalities of (1) Veterans and members of the
Drug Dependence; and 64.024, VA combat operations or hostilities, but Armed Forces, including a member of a
Homeless Providers Grant and Per Diem who at the time was located outside the reserve component of the Armed Forces,
Program. theater of combat operations or area of for the purpose of readjusting to civilian
Signing Authority hostilities; or life or readjustment to continued
(iii) Engaged in combat with an military service following participation
The Secretary of Veterans Affairs, or enemy of the United States or against an in or in support of operations in a
designee, approved this document and opposing military force in a theater of combat theater or area of hostility.
authorized the undersigned to sign and combat operations or an area at a time (2) A family member of a member of
submit the document to the Office of the during which hostilities occurred in that the Armed Forces, including a member
Federal Register for publication area by remotely controlling an of a reserve component of the Armed
electronically as an official document of unmanned aerial vehicle operations, Forces, for the purpose of coping with
the Department of Veterans Affairs. notwithstanding whether the physical such member’s deployment.
Robert L. Nabors, II, Chief of Staff, location of such veteran or member (3) A family member of a veteran or
approved this document on July 29, during such combat was within such member of the Armed Forces, including
2015, for publication. theater of combat operations or area. a member of a reserve component of the
List of Subjects in 38 CFR Part 17 Individuals who remotely control Armed Forces, to aid in a veteran’s or
unmanned aerial vehicles includes, but member’s readjustment to civilian or
Administrative practice and continued military service following
procedure, Alcohol abuse, Alcoholism, is not limited to, individuals who pilot
the unmanned aerial vehicle as well as participation in or in support of
Drug abuse, Health care, Health operations in a combat theater or area of
facilities, Homeless, Mental health individuals who are crew members of
the unmanned aerial vehicle and hostility, only as it relates to the
programs, Veterans. veteran’s or member’s military
participate in combat related missions.
Dated: July 29, 2015. The crew members include, but are not experience.
William F. Russo, limited to, intelligence analysts or * * * * *
Acting Director, Office of Regulation Policy weapons specialists who control the (e) Confidentiality. Benefits under this
& Management, US Department of Veterans cameras, engage the weapon systems, as section are furnished solely by VA Vet
Affairs. well as those individuals who are Centers, which maintain confidential
For the reasons set forth in the directly responsible for the mission of records independent from any other VA
preamble, the Department of Veterans the unmanned aerial vehicle. or Department of Defense medical
Affairs amends 38 CFR part 17 as (2) Received counseling under this records and which will not disclose
follows: section before January 2, 2013. such records without either the
(3) Is a family member of a veteran or veteran’s or member’s of the Armed
PART 17—MEDICAL member of the Armed Forces, including Forces, including a member of a reserve
a member of a reserve component of the component of the Armed Forces,
■ 1. The authority citation for part 17 voluntary, signed authorization, or a
Armed Forces, who is eligible for
continues to read as follows: specific exception permitting their
readjustment counseling under
Authority: 38 U.S.C. 501, and as noted in paragraphs (a)(1) or (a)(2) of this section. release. For more information, see 5
specific sections. For purposes of this section, family U.S.C. 552a, 38 U.S.C. 5701 and 7332,
■ 2. Amend § 17.2000 by: member includes, but is not limited to, 45 CFR parts 160 and 164, and VA’s
■ a. Revising paragraph (a). the spouse, parent, child, step-family System of Records 64VA15,
■ b. In paragraph (b) introductory text, member, extended family member, and ‘‘Readjustment Counseling Service Vet
removing the term ‘‘servicemember’s’’ any individual who lives with the Center Program.’’ The term Vet Center
and adding in its place ‘‘member’s of the veteran or member of the Armed Forces, means a facility that is operated by VA
Armed Forces, including a member of a including a member of a reserve for the provision of services under this
reserve component of the Armed component of the Armed Forces, but is section and that is situated apart from
Forces,’’. not a member of the veteran’s or a VA general health care facility.
■ b. Revising paragraph (d). member’s family. (Authority: 38 U.S.C. 501, 1712A, 1782, and
■ c. Revising paragraph (e).
mstockstill on DSK4VPTVN1PROD with RULES
* * * * * 1783)
■ d. Revising the authority citation at
the end of the section. (d) Readjustment counseling defined. (The Office of Management and Budget has
The revisions read as follows: For the purposes of this section, approved the information collection
readjustment counseling includes, but is requirement in this section under control
§ 17.2000 Vet Center services. not limited to: Psychosocial assessment, number 2900–0787.)
(a) Eligibility for readjustment individual counseling, group [FR Doc. 2015–18988 Filed 8–3–15; 8:45 am]
counseling. Upon request, VA will counseling, marital and family BILLING CODE 8320–01–P
VerDate Sep<11>2014 14:47 Aug 03, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\04AUR1.SGM 04AUR1](https://thefederalregister.org/doc/80_FR_46346/page/4.svg)
Document Created: 2015-12-18 14:51:31
Document Modified: 2015-12-18 14:51:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| 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.) | |
| FR Citation | 80 FR 46197 | |
| RIN Number | 2900-AP21 | |
| CFR Associated | Administrative Practice and Procedure; Alcohol Abuse; Alcoholism; Drug Abuse; Health Care; Health Facilities; Homeless; Mental Health Programs and Veterans |
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