83 FR 23342 - Public Notice of Proposed Waivers

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range		23342-23342
FR Document		2018-10638

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.

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Page 23342]
From the Federal Register Online  [www.thefederalregister.org]
[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

$23342 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices DEPARTMENT OF VETERANS all VA employees, as long as employees www.va.gov/ogc/38_usc_3683.asp) and AFFAIRS abided by 18 U.S.C. 208 and 5 CFR allow the public 30 days to comment on 2635.502, two conflict-of-interest laws the proposed waiver. Courts have found Public Notice of Proposed Waivers that limit the extent to which Federal that a ‘‘public hearing’’ requirement AGENCY: Department of Veterans Affairs. employees may participate in Federal may be satisfied, at least in some matters that affect their own financial circumstances, by written public notice ACTION: Notice. interests and those of certain non- and an opportunity to submit written SUMMARY: The Department of Veterans Federal persons or entities (see 82 FR comments. See, e.g., UFW v. Adm’r, Affairs (VA) will operate a website 43288). On October 16, 2017, after EPA, 592 F.3d 1080, 2010 U.S. App. where the public may review and further consideration, including review LEXIS 1712 (9th Cir., 2010). Because comment on VA employee requests for of comments submitted in response to website posting of proposed waivers waiver of the prohibition against an the September 14, 2017, notice, VA and soliciting written comments on employee’s receipt of any wages, salary, withdrew this proposal (see 82 FR these waivers would allow for more dividends, profits, gratuities, or services 48153). participation than in-person hearings, from, or ownership of any interest in, a VA will mandate that all employees VA has concluded that such process for-profit educational institution in who require a waiver under § 3683 must would serve the purpose of § 3683 more which an eligible person or veteran is individually request a waiver from the effectively than in-person hearings at pursuing a program of education under appropriate VA official. Employees who a VA education benefits program. specified times and places. satisfy the waiver criteria at 38 CFR FOR FURTHER INFORMATION CONTACT: 21.4005(b)(1) must request a waiver Signing Authority Christopher Britt, Office of General from either their facility head (for Counsel (02–EST), Department of employees under the jurisdiction of a The Secretary of Veterans Affairs, or Veterans Affairs, 810 Vermont Avenue facility head) or the Director, Education designee, approved this document and NW, Washington, DC 20420, 202–461– Service (for employees not under the authorized the undersigned to sign and 7637 (this is not a toll-free number). jurisdiction of a facility head). submit the document to the Office of the SUPPLEMENTARY INFORMATION: Under 38 Employees who do not satisfy the Federal Register for publication U.S.C. 3683, and implementing waiver criteria at 38 CFR 21.4005(b)(1) electronically as an official document of regulations at 38 CFR 21.4005, must request a waiver from the Under the Department of Veterans Affairs. Department of Veterans Affairs (VA) Secretary for Benefits, as the Secretary Peter O’Rourke, Chief of Staff, employees who received any wages, of Veterans Affairs has delegated to the Department of Veterans Affairs, salary, dividends, profits, gratuities, or Under Secretary for Benefits the approved this document on May 14, services from, or owned any interest in, authority, under 38 CFR 21.4005(c)(3), 2017, for publication. a for-profit educational institution in to grant waivers to employees who do Dated: May 14, 2018. which an eligible person or veteran is not satisfy the waiver criteria. pursuing a program of education under Section 3683(d) requires ‘‘reasonable Jeffrey M. Martin, a VA education benefits program, must notice and public hearings’’ prior to the Impact Analyst, Office of Regulation Policy be removed from Federal service, unless granting of a waiver. Accordingly, when & Management, Office of the Secretary, VA leadership grants a waiver. VA proposes to grant a waiver, VA will Department of Veterans Affairs. On September 14, 2017, VA proposed post data from the waiver request to a [FR Doc. 2018–10638 Filed 5–17–18; 8:45 am] to waive the application of § 3683(a) for publicly available website (https:// BILLING CODE 8320–01–P daltland on DSKBBV9HB2PROD with NOTICES VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1$

Document Created: 2018-05-18 02:15:57
Document Modified: 2018-05-18 02:15:57

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		Notices
Action		Notice.
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).
FR Citation		83 FR 23342