Web Automated Reference Materials System (WARMS)
38 CFR Book A
Supplements
Part 0 - Part 0
Part 1 - General Provisions
Part 2 - Delegations of Authority
Part 12 - Disposition of Veteran's Personal Funds and Effects
Part 14 - Legal Services, General Counsel, and Miscellaneous Claims
Part 15 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Veterans Affairs
Part 16 - Protection of Human Subjects
Part 18 - Non-Discrimination in Federally-Assisted Programs of the Department of Veterans Affairs: Effectuation of Title VI of the Civil Rights Act of 1964
Part 19 - Board of Veterans' Appeals: Appeals Regulations
Part 20 - Board of Veterans' Appeals: Rules of Practice
Part 25 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs
Part 26 - Environmental Effects of the Department of Veterans Affairs (VA) Actions
Part 38 - National Cemeteries of the Department of Veterans Affairs
Part 39 - State Cemetery Grants
Part 40 - Intergovernmental Review of Department of Veterans Affairs Programs and Activities
Part 41 - Audit of States, Local Governments and Non-Profit Organizations
Part 42 - Standards Implementing the Program Fraud Civil Remedies Act
Part 43 - Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments
Part 44 - Government-wide Debarment and Suspension (Nonprocurement)
Part 45 - New Restrictions on Lobbying
Part 48 - Government Wide Requirements For Drug-Free Workplace (Financial Assistance)
Part 49 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
Part 74 - Veteran Small Business Regulations
Part 75 - Information Security Matters
Supplements For Book A
- 63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
- 85
86
87
Subpart A-General Provisions
- 0.735-1 Agency ethics officials
- 0.735-2 Government-wide standards
Subpart B-Standards of Ethical Conduct and Related Responsibilities of Employees
- 0.735-10/0.735-11/0.735-12 Cross-reference to employee/Other conduct on the job/ ethical and other conduct standards and financial disclosure regulations/Standards of conduct in special areas
Part 1 General Provisions
Department of Veterans Affairs Official Seal and Distinguishing Flag
- 1.9 Description, use, and display of VA Seal and Flag
The United States Flag for Burial Purposes
- 1.10 Eligibility for and disposition of the United States flag for burial purposes
Quarters for Department of Veterans Affairs Employees Overseas
- 1.11 Quarters for Department of Veterans Affairs employees in Government-owned or rented buildings overseas
Program Evaluation
- 1.15 Standards for program evaluation
- 1.17 Evaluation of studies relating to health effects of dioxin and radiation exposure
- 1.18 Guidelines for Establishing Presumptions of Service Connection for Former Prisoners of War
Referrals of Information Regarding Criminal Violations
- 1.200 Purpose
- 1.201 Employees Duty to Report
- 1.203 Information to be Reported to VA Police
- 1.204 Information to be Reported to the Office of Inspector General
- 1.205 Notification to the Attorney General or United States Attorneys Office
- Security and Law Enforcement at VA Facilities
1.218 Security and law enforcement at VA facilities
Parking Fees at VA Medical Facilities
- 1.300 - 1.301 Purpose/Definitions
- 1.302 Applicability and Scope
- 1.303 Policy
Release of Information from Department of Veterans Affairs (VA) Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection with the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia
- 1.460 Definitions
- 1.461 Applicability
- 1.462 - 1.463 Confidentiality restrictions/Criminal penalty for violations
- 1.464 Minor patients
- 1.465 Incompetent and deceased patients
- 1.466 - 1.467 Security for records/Restrictions on the use of identification cards and public signs
- 1.468 - 1.469 Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity/Patient access and restrictions on use
- 1.470-1.474 [Reserved]
Disclosures With Patient's Consent
- 1.475 Form of written consent
- 1.476 - 1.477 Prohibition on redisclosure/Disclosures permitted with written consent
- 1.478 Disclosures to prevent multiple enrollments in detoxification and maintenance treatment programs; not applicable to records relating to sickle cell anemia or infection with the human immunodeficiency virus
- 1.479 Disclosures to elements of the criminal justice system which have referred patients
- 1.480-1.484 [Reserved]
Disclosures Without Patient Consent
- 1.485 Medical emergencies
- 1.485a Eye Organ and Tissue Donation
- 1.486 - 1.487 Disclosure of information related to infection with the human immunodeficiency virus to public health authorities/Disclosure of information related to infection with the human immunodeficiency virus to the spouse or sexual partner of the patient
- 1.488 Research activities
- 1.489 Audit and evaluation activities
Court Orders Authorizing Disclosures and Use
- 1.490 - 1.491 Legal effect of order/Confidential communications
- 1.492 Order not applicable to records disclosed without consent to researchers, auditors and evaluators
- 1.493 Procedures and criteria for orders authorizing disclosures for noncriminal purposes
- 1.494 Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients
- 1.495 Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute VA or employees of VA
- 1.496 Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of VA
- 1.497-1.499 [Reserved]
Release of Information from Department of Veterans Affairs Claimant Records
- 1.500 General
- 1.501 - 1.502 - 1.503 Release of information by the Secretary/Disclosure of the amount of monetary benefits/Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone
- 1.504 - 1.505 Disclosure of information to a widow, child, or other claimant/Genealogy
- 1.506 - 1.507 Disclosure of records to Federal Government departments, state unemployment compensation agencies, and the Office of Servicemen's Group Life Insurance/ Disclosures to members of Congress
- 1.508 - 1.509 Disclosure in cases where claimants are charged with or convicted of criminal offenses/ Disclosure to courts in proceedings in the nature of an inquest
- 1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States
- 1.511 Disclosure of claimant records in connection with Judicial proceedings generally
- 1.512 Disclosure of loan guaranty information
- 1.513 Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody
- 1.514a Disclosure to private psychologists
- 1.514b Disclosure to Procurement Organizations
- 1.515 To commanding officers of State soldiers' homes
- 1.516 - 1.517 Disclosure of information to undertaker concerning burial of a deceased veteran/ Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs
- 1.518 Addresses of claimants
- 1.519 Lists of names and addresses
- 1.520 - 1.521 Confidentiality of social data/ Special restrictions concerning social security records
- 1.522 - 1.523 - 1.524 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant/[Reserved]/ Persons authorized to represent claimants
- 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys
- 1.526 Copies of records and papers
- 1.527 Administrative review
Release of Information from Department of Veterans Affairs Records other than Claimant Records
- 1.550 General
- 1.551 [Removed]
- 1.552 Public access to information that affects the public when not published in the Federal Register as constructive notice
- 1.553 Public access to other reasonably described records
- 1.553a Time limits for Department of Veterans Affairs response to requests for records
- 1.554 Exemptions from public access to agency records
- 1.554a Predisclosure notification procedures for confidential commercial information
- 1.555 Fees
- 1.556 - 1.557 Requests for other reasonably described records/Administrative review
Safeguarding Personal Information in Department of Veterans Affairs Records
- 1.575 Social security numbers in veterans' benefits matters
- 1.576 General policies, conditions of disclosure, accounting of certain disclosures, and definitions
- 1.577 Access to records
- 1.579 Amendment of records
- 1.580 Administrative review
- 1.582 Exemptions
Expanded Remote Access to Computerized Veterans Claims records by Accredited Representatives
- 1.600 Purpose/Definitions
- 1.601 Qualification for Access
- 1.602 Utilization of Access
- 1.603 Disqualification
Inventions by Employees of Department of Veterans Affairs
- 1.650 - 1.651 Purpose/Definitions
- 1.652 Criteria for determining rights to employee inventions
- 1.653 - 1.654 Delegation of authority/Patenting of inventions
- 1.655 Government license in invention of employee
- 1.656 Information to be submitted by inventor
- 1.657 - 1.658 - 1.659 Determination of rights/Right of appeal/Relationship to incentive awards program
- 1.660 - 1.661 - 1.662 Expeditions Handling/Information to be Keep Confidential/Provisions of Regulations made a condition of Employment
- 1.663 Licensing of Government-owned inventions
Administrative Control of Funds
- 1.670 - 1.671 Purpose/Definitions
- 1.672 - 1.673 Responsibilities/Responsibility for violations of the administrative subdivision of funds
Use of Official Mail in the Location and Recovery of Missing Children
- 1.700 - 1.701 Purpose/Contact person for missing children official mail program
- 1.702 Policy
- 1.703 - 1.704 - 1.705 Cost and percentage estimates/[Reserved]/Restrictions on use of missing children information
Homeless Claimants
- 1.710 Homeless claimants: Delivery of benefit payments and correspondence
Appeals from Decisions of Contracting Officers
- 1.770 - 1.783 Removed
Part-time Career Employment Program
- 1.891 - 1.892 Purpose of program/ Review of positions
- 1.893 - 1.894 - 1.895 - 1.896 - 1.897 Establishing and converting time positions/Annual goals and timetables/Review and evaluation/Publicizing vacancies/Exceptions
Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property
1.900 Prescription of Standards
1.901 No Private Rights Created
1.902 Fraud, antitrust and tax claims excluded
1.903 Settlement, waiver, or compromise under other statutory or regulatory authority
1.904 Form of Payment
1.905 Subdivision of Claims not Authorized
1.906 Required administrative proceedings
1.907 Definitions
Standards for Collection of Claims
- 1.910 Aggressive collection action
- 1.911 Collection of debts owed by reason of participation in a benefits program
- 1.911a Collections of Non Benefits Debts
- 1.912 Collection by offset
- 1.912a Collection by offset-from VA benefit payments
- 1.913 Liquidation of collateral
- 1.914 Collection in installments
- 1.915 Interest, Administrative Cost, and Penalties
- 1.916 Disclosure of debt information to consumer reporting agencies (CRA)
- 1.917 Contracting for collection services
- 1.918 Use and disclosure of mailing addresses
- 1.919 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund, Federal Employees Retirement System (FERS), final salary check, and lump sum leave payments
- 1.920 Referral of VA debts
- 1.921 Analysis of costs
- 1.922 Exemptions
- 1.923 Administrative Wage Garnishment
- 1.924 Suspension or Revocation of Eligibility for Federal Loans, Loan Insurance, Loan Guaranties, Licenses, Permits, or Privilgees
- 1.929 Reduction of debt through performance of work-study services
Standards for Compromise of Claims
- 1.930 Scope and application
- 1.931 Bases for Compromise
- 1.932 Enforcemwnt Policy
- 1.933 Joint and Several Liability
- 1.934 Further Review of Compromise Offers
- 1.935 Consideration of Tax Consequences to the Government
- 1.936 Mutual Releases of the Debtor and VA
Standards for Suspending or Terminating Collection Action
- 1.940 Scope and application
- 1.941 Suspension of collection activity
- 1.942 Termination of collection activity
- 1.943 Exception to Termination
- 1.944 Discharge of Indebtedness, Reporting Requirements
Referral to GAO, Department of Justice, or IRS
- 1.950 Prompt referral
- 1.951 Claims Collection Litigation Report
- 1.952 Preservation of evidence
- 1.953 Minimum amount of Referrals to the Department of Justice
Regional Office Committees on Waivers and Compromises
- 1.955 Regional office Committees on Waivers and Compromises
- 1.956 Jurisdiction
- 1.957 Committee authority
- 1.958 Finality of Decision
- 1.959 Records and Certificates
- 1.960 Legal and Technical Assistance
- 1.961 Releases
- 1.962 Waiver of overpayments
- 1.963 Waiver; other than loan guaranty
- 1.963a Waiver; erroneous payment of pay and allowances
- 1.964 Waiver; loan guaranty
- 1.965 Application of standard
- 1.966 Scope of waiver decisions
- 1.967 Refunds
- 1.968 [Reserved]
- 1.969 Revision of waiver decisions
- 1.970 Standards for compromise
Salary Offset Provisions
- 1.980 Scope
- 1.981 Definitions
- 1.982 Salary offsets of debts involving benefits under the laws administered by VA
- 1.983 Notice requirements before salary offsets of debts not involving benefits under the laws administered by VA
- 1.984 Request for a hearing
- 1.985 Form, notice of, and conduct of hearing
- 1.986 Result if employee fails to meet deadlines
- 1.987 Review by hearing official or administrative law judge
- 1.988 Written decision following a hearing requested under §1.984
- 1.989 Review of VA records related to the debt
- 1.990 Written agreement to repay debt as alternative to salary offset
- 1.991 Procedures for salary offset: when deductions may begin
- 1.992 Procedures for salary offset
- 1.993 Non-waiver of rights
- 1.994 Refunds
- 1.995 Requesting Recovery Through Centralized Administrative Offset
Part 2
Delegations of Authority
- 2.1 General provisions
- 2.2 Delegation of authority to employees to issue subpoenas, etc.
- 2.3 Delegation of authority to employees to take affidavits, to administer oaths, etc.
- 2.4 Delegation of authority to Order Paid Advertising for Use in Recruitment
- 2.5 Delegation of authority to Certify Copies of Documents, Records, or Papers in Department of Veterans Affairs Files
- 2.6 Secretary's delegations of authority to certain officials (38 U.S.C. 512)
- 2.7 Delegation of authority to provide relief on account of administrative error
- 2.8 Delegation of authority to authorize allowances for Department of Veterans Affairs employees who are notaries public
- 2.9-2.49 [Reserved]
- 2.50 - 2.51 - 2.52 - 2.53Administration, staff office, and field facility heads are authorized to designate employees to certify copies of records and papers in the custody of the Department of Veterans Affairs/ Delegation of authority to certain employees to exercise the power of the Secretary to waive stated procedural (nonsubstantive) requirements of the loan guaranty regulations/ Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the guaranty or insurance of loans./ Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to assisting eligible veterans to acquire specially adapted housing
- 2.54 - 2.55 - 2.56 - 2.57 Delegation of authority to certain employees to exercise the power of the Secretary to waive procedural (nonsubstantive) requirements of the direct loan regulations/Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the making of direct loans. / Directors of Department of Veterans Affairs medical centers authorized to appoint boards of medical officers/ Chief Attorneys authorized to release funds from Personal Funds of Patients for the needs of veterans and their dependents
- 2.65 - 2.65a - 2.66 The Contract Appeals Board may, in its discretion, hear, consider and decide all questions of law necessary for the complete adjudication of issues when appeal is taken pursuant to disputes clause in contract which limits appeals to disputes concerning questions of fact/ The Contract Appeals Board may make findings of fact with respect to a claim without expressing an opinion on the questions of liability should it appear that a claim is involved which is not cognizable under the terms of the contract/ Chairman and Vice Chairman, Board of Veterans Appeals, in addition to authority vested by law, Department of Veterans Affairs regulations and manuals, delegated authority to authorize assumption of appellate jurisdiction of adjudicative determination which has not become final
- 2.66a [Removed and Reserved]
- 2.67 Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Veterans Benefits Administration designated by him authorized to make findings and decisions under applicable laws, regulations, precedents, and instructions, as to entitlement of claimants to benefits under all laws administered by Department of Veterans Affairs governing payment of monetary benefits to veterans and their dependents, within jurisdiction of compensation and pension service
- 2.67a [Removed
- 2.68 [Reserved]
- 2.68a Director, Compensation and Pension Service and personnel of that service designated by the director authorized to determine whether claimant or payee has forfeited right to gratuitous benefits or to remit a prior forfeiture pursuant to provisions of 38 U.S.C. 6103 or 6104
- 2.69 Chief Benefits Director or Director, Compensation and Pension Service, upon field station submission, authorized to approve, on basis of certain criteria, extra-schedular evaluation commensurate with average earning capacity impairment due exclusively to service-connected disability or disabilities in exceptional case where schedular evaluations inadequate
- 2.70 Adjudication Officer, or where regular schedular standards are met as of date of rating decision, the rating board, authorized to approve on an extra-schedular basis a permanent and total disability rating for pension purposes
- 2.71 Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the sale of loans with guaranty of payment
- 2.72 [Removed]
- 2.73 [Removed]
- 2.74 [Removed]
- 2.75 The General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group I), The Deputy Assistant General Counsel of said Staff Group, and the District Counsel and those acting for them are delegated authority to settle and pay a claim for not more than $40,000 made by a civilian officer or employee of the Department of Veterans Affairs for damage to, or loss of, personal property incident to such person's service, on behalf of the Secretary, and such settlement shall be final and conclusive
- 2.76 Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Education and Rehabilitation Service designated by the Chief Benefits Director authorized to make findings and decisions under 38 U.S.C. Ch. 31 and applicable regulations, precedents and instructions, as to vocational rehabilitation services for disabled veterans
- 2.77 Managers of regional offices and center directors authorized to negotiate and approve contracts with educational institutions and other approved counseling agencies for purpose of providing educational and vocational counseling to persons referred for such services by Department of Veterans Affairs
- 2.78 Except as otherwise provided, Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Vocational Rehabilitation and Education Service designated by the Chief Benefits Director delegated authority to make findings and decisions under 38 U.S.C. chapters 34, 35, and 36 and applicable regulations, precedents and instructions, as to programs of education or special restorative training
- 2.79 Chief Benefits Director and the Director, Vocational Rehabilitation and Education Service, are delegated authority to enter into agreements for reimbursement of State approving agencies under §21.4153 of this chapter
- 2.80 Director, Vocational Rehabilitation and Education Service. is delegated authority to waive penalties for conflicting interests as provided by §21.4005 of this chapter
- 2.81 Director, Vocational Rehabilitation and Education Service, is delegated authority to exercise the functions otherwise required of State approving agencies, under §21.4150(c) of this chapter
- 2.82 Director, Vocational Rehabilitation and Education Service, is delegated authority to approve courses under §21.4250(c) of this chapter
- 2.83 General Counsel is authorized to act for the Secretary of Veterans Affairs in matters concerning patents and inventions, unless otherwise required by law.
- 2.84 When in the interest of the Service and when administratively feasible, Chief Benefits Director or designee is authorized to enter into an agreement with another Federal agency, which is authorized to furnish quarters, to provide living quarters, including heat, fuel, and light, in a Government-owned or rented building, for Department of Veterans Affairs employees permanently stationed in a foreign country under the provisions of 31 U.S.C. 686
- 2.85 Chief Benefits Director and/or Assistant Director for Insurance authorized to make any determinations required under §9.22 of this chapter relative to Servicemen's Group Life Insurance and Veterans' Group Life Insurance
- 2.86 Chief Benefits Director authorized to act for Secretary in making determinations in connection with a borrower's application for assistance in securing correction of structural defects
- 2.87 Chief Benefits Director and designee delegated authority to take any necessary action as to programs of vocational rehabilitation, education, or special restorative training under 38 U.S.C. chapters 31, 34, 35, and 36
- 2.90 Chief Benefits Director delegated responsibility for obtaining evidence of voluntary compliance from recognized national organizations whose representatives are afforded space and office facilities in field stations under the Chief Benefits Director's jurisdiction
- 2.91 [Removed]
- 2.92 General Counsel delegated responsibility, upon receipt of information from the Chief Benefits Director, the Chief Medical Director, or the designee of either of them, that compliance cannot be secured by voluntary means, of forwarding to the recipient or other person the notice required by §18.9(a) of this chapter, and also is delegated responsibility of representing the Department in all proceedings resulting from such notice
- 2.93 [Removed]
- 2.94 [Removed]
- 2.95 Delegation of authority to certain employees to exercise the power of the Secretary to waive stated procedural (nonsubstantive) require-ments of the mobile home guaranty regulations
- 2.96 Delegation of authority to certain employees to exercise certain powers and functions of the Secretary with respect to the guaranty of mobile home loans. The authority hereby delegated to these employees may, with the approval of the Chief Benefits Director, be redelegated
- 2.97 Chief Benefits Director delegated responsibility to enter into agreement with Federal Trade Commission to utilize its services and facilities to carry out investigations and make determinations as to enrollment of eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive or misleading either by actual statement, omission, or intimation
- 2.98 Delegation of authority to Directors of VA field facilities to determine whether or not a school closing is based on Executive order of the President or due to an emergency situation and to the Director, Vocational Rehabilitation and Education Service, to review these decisions
- 2.99 [Removed and Reserved]
Part 12
Disposition of Veteran's Personal Funds and Effects
Disposition of Veteran's Personal Funds and Effects on Facility upon Death, or Discharge, or Unauthorized Absence, and of Funds and Effects found on Facility
- 12.0 Definitions
- 12.1 - 12.2 Designee cases; competent veterans/ Designee cases; incompetent veterans
- 12.3 Deceased veteran's cases
- 12.4 Disposition of effects and funds to designee; exceptions
- 12.5 Nondesignee cases
- 12.6 -12.7 Cases of living veterans/ Cases not applicable to provisions of §§12.0 to 12.6
- 12.8 Unclaimed effects of veterans
- 12.9 Rights of designate; sales instruction; transportation charges
- 12.10 - 12.12 - 12.13 Proceeds of sale/ Miscellaneous provisions/ Posting of notice of the provisions of Pub. L. No. 734, 75th Congress (38 U.S.C. 16-16j)
Disposition of Personal Funds and Effects Left Upon Premises of the Veterans Administration by Non-Veteran Patients, Employees and other Persons, Known or Unknown
- 12.15 - 12.16 Inventory of property/ Action on inventory and funds
- 12.17 - 12.18 Unclaimed effects to be sold/ Disposition of funds and effects left by officers and enlisted men on the active list of the Army, Navy or Marine Corps of the United States
Under Pub. L. 382, 77th Congress, December 26, 1941, Amending the Act of June 25, 1910 (24 U.S.C. 136)
- 12.19 Provisions of Pub. L. 382 (38 U.S.C. 17-17j)
- 12.20 - 12.21 Posting of notice provisions of Pub. L. 382/ Action upon death of veteran
- 12.22 - 12.23 Disposition of personal property/ Recognition of valid claim against the General Post Fund
Operation of Lost and Found Service
- 12.24 Operation of lost and found service
Part 14
Legal Services, General Counsel, and Miscellaneous Claims
- 14.500 Functions and responsibilities Of General Counsel
- 14.501 Functions and Responsibilities of Regional Counsels
- 14.502 Requests for legal opinions from Central Office
- 14.503 Requests for legal advice and assistance in other than domestic relations matters
- 14.504 - 14.505 Domestic relations questions, authority and exceptions/ Submissions
- 14.507 Opinions
Litigation (Other than under the Federal Tort Claims Act); Indemnification
- 14.514 Suits by or against United States or Department of Veterans Affairs officials; indemnification of Department of Veterans Affairs employees
- 14.515 Suits involving loan guaranty matters
- 14.516 - 14.517 Escheat and post fund cases/ Cases affecting the Department of Veterans Affairs generally
- 14.518 Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity
Prosecution
- 14.560 Procedure where violation of penal statutes is involved including those offenses coming within the purview of the Assimilative Crime Act (18 U.S.C. 13)
- 14.561 - 14.562 - 14.563 Administrative action prior to submission/ Collections or adjustments/ Crimes or offenses on Department of Veterans Affairs property
Federal Tort Claims
- 14.600 Federal Tort Claims Act-general
- 14.601 Investigation and development
- 14.602 Requests for medical information
- 14.603 Disposition of claims
- 14.604 Filing a claim
- 14.605 Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission or based upon medical care and treatment furnished in or for the Veterans Health Administration
Administrative Settlement of Tort Claims arising in Foreign Countries
- 14.615 General
- 14.616 Form and place of filing claim
- 14.617 Disposition of claims
Claims for Damage to or loss of Government Property
- 14.618 Collection action
Claims for Cost of Medical Care and Services
- 14.619 Collection action
Representation of Department of Veterans Affairs Claimants; Recognition of Organizations; Accreditation of Representatives, Attorneys, Agents; Rules of Practice and Information Concerning Fees, 38 U.S.C. 5901-5905
- 14.626 Purpose
- 14.627 Definitions
- 14.628 Recognition of organizations
- 14.629 Requirements for accreditation of representatives, agents, and attorneys
- 14.630 Authorization for a particular claim
- 14.631 Powers of attorney
- 14.632 Letters of accreditation
- 14.633 Termination of accreditation of agents, attorneys, and representatives
- 14.634 Banks or trust companies acting as guardians
- 14.635 Space and office facilities
- 14.636 Payment of Fees for Representation by Agents and Attorneys in Proceedings Before Agencies of Orginal Jurisdiction and Before the Board of Veterans Appeal
- 14.637 Payment of the Expenses of Agents and Attorneys in Proceedings before Agencies of Original Jurisdiction and Before the Board of Veterans Appeal
Personnel Claims
- 14.664 Scope of authority and effective date
- 14.665 Claims
- 14.666 District Counsel responsibility
- 14.667 Claims payable
- 14.668 Disposition of claims/ Fees of agents or attorneys; penalty
- 14.669
Commitments-Fiduciaries
- 14.700 Court cost and expenses; commitment, restoration, fiduciary appointments
- 14.701 Commitment and restoration proceedings
- 14.702 - 14.703 Medical testimony in commitment or restoration proceedings/ Costs in commitment or restoration proceedings
- 14.704 Authorization of transportation necessary for commitment of a veteran beneficiary
- 14.705 Authority to file petitions for appointment of fiduciaries in State courts
- 14.706 - 14.707 Legal services in behalf of beneficiaries/ Authorization of transportation of a veteran beneficiary for appointment of a fiduciary
- 14.708 Costs and other expenses incident to appointment of fiduciary
- 14.709 Surety bonds; court-appointed fiduciary
Testimony of Department Personnel and Production of Department Records in Legal Proceedings
- 14.800 Purpose
- 14.801 Applicability
- 14.802 Definitions
- 14.803 Policy
- 14.804 Factors to consider
- 14.805 - 14.806 Contents of a demand or request/ Scope of testimony or production
- 14.807 Procedure when demand or request is made
- 14.808 Expert or opinion testimony
- 14.809 Demands or requests in legal proceedings for records protected by confidentiality statutes
- 14.810 Fees
Part 15
Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Veterans Affairs
15.101 - 15.102 Purpose/ Application
- 15.103 Definitions
- 15.104-15.109 [Reserved]
- 15.110 Self-evaluation
- 15.111 Notice
- 15.112-15.129 [Reserved]
- 15.130 General prohibitions against discrimination
- 15.131-15.139 [Reserved]
- 15.140 Employment 15.141-15.148 [Reserved] 15.149 Program accessibility: Discrimination prohibited
- 15.150 Program accessibility: Existing facilities
- 15.151 Program accessibility: New construction and alterations
- 15.152-15.159 [Reserved]
- 15.160 Communications
- 15.161-15.169 [Reserved]
- 15.170 Compliance procedures
- 15.171-15.999 [Reserved]
Part 16
Protection of Human Subjects
- 16.101 To What Does This Policy Apply
- 16.102 Definitions
- 16.103 Assuring compliance with this policy-research conducted or supported by any Federal Department or Agency
- 16.104-16.106 [Reserved]
- 16.107 IRB membership
- 16.108 IRB functions and operations
- 16.109 IRB review of research
- 16.110 Expedited review procedures for certain kinds of research involving no more than minimal risk. and for minor changes in approved research
- 16.111 Criteria for IRB approval of research
- 16.112 Review by institution
- 16.113 Suspension or termination of IRB approval of research
- 16.114 Cooperative research
- 16.115 IRB records
- 16.116 General requirements for informed consent
- 16.117 Documentation of informed consent
- 16.118 Applications and proposals lacking definite plans for involvement of human subjects
- 16.119 Research undertaken without the intention of involving human subjects
- 16.120 Evaluation and disposition of applications and proposals for research to be conducted or supported by a Federal Department or Agency
- 16.121 [Reserved]
- 16.122 Use of Federal funds
- 16.123 Early termination of research support: Evaluation of applications and proposals
- 16.124 Conditions
Part 18
Non-Discrimination in Federally-Assisted Programs of the Department of Veterans Affairs: Effectuation of Title VI of the Civil Rights Act of 1964
Subpart A - General
- 18.1 -18.2 Purpose/ Application of this part
- 18.3 Discrimination prohibited
- 18.4 Assurances required
- 18.6 Compliance information
- 18.7 Conduct of investigations
- 18.8 Procedure for effecting compliance
- 18.9 Hearings
- 18.10 Decisions and notices
- 18.11 Judicial review
- 18.12 Effect on other regulations, forms and instructions
- 18.13 Definitions
- Appendix A to Subpart A-Statutory Provision to Which this Subpart Applies
- Appendix B to Subpart A-Illustrative Applications
Subparts B-C - [Reserved]
Subpart D - Non-discrimination in Federally-Assisted Programs of the Department of Veterans Affairs: Effectuation of Title VI of the Civil Rights Act of 1964
General Provisions
- 18.401 -18.402 Purpose/ Application
- 18.403 Definitions
- 18.404 Discrimination prohibited
- 18.405 Assurances required
- 18.406 Remedial action, voluntary action and self-evaluation
- 18.407 Designation of responsible employee and adoption of grievance procedures
- 18.408 Notice
- 18.409 - 18.410 Administrative requirements for certain recipients/ Effect of State or local law or other requirements and effect of employment opportunities
Employment Practices
- 18.411 Discrimination prohibited
- 18.412 Reasonable accommodation
- 18.413 Employment criteria
- 18.414 Preemployment inquiries
Program Accessibility
- 18.421 Discrimination prohibited
- 18.422 Existing facilities
- 18.423 New construction
Elementary, Secondary, and Adult Education
- 18.431 -18.432 Application/ Location and notification
- 18.433 Free appropriate public education
- 18.434 Education setting
- 18.435 Evaluation and placement
- 18.436 Procedural safeguards
- 18.437 Nonacademic services
- 18.438 - 18.439 - 18.441 Adult education programs/ Private education programs/ Application
Postsecondary Education
- 18.442 Admissions and recruitment
- 18.443 General treatment of students
- 18.444 Academic adjustments
- 18.445 - 18.446 Housing/ Financial and employment assistance to students
- 18.447 - 18.451 Nonacademic services/ Application
Health and Social Services
- 18.452 Health and other social services
- 18.453 - 18.454 - 18.461 Drug and alcohol addicts/ Education of institutionalized persons/ Procedures
- Appendix A Appendix A to Subpart D - Statutory Provisions to Which This Part Applies
Subpart E - Non-discrimination on the Basis of Age General
- 18.501 - 18.503 Purpose/ Application
- 18.503 Definitions
Standards for Determining Age Discrimination
- 18.511 - 18.512 Rules against age discrimination/ Definitions of "normal operation" and "statutory objective"
- 18.513 Exceptions to the rules against age discrimination; normal operation or statutory objective of any program or activity
- 18.514 - 18.515 - 18.516 Exceptions to the rules against age discrimination; reasonable factors other than age/ Burden of proof/ Affirmative action by recipients
Responsibilities of Department of Veterans Affairs Recipients
- 18.531 - 18.532 - 18.533 General responsibilities/ Notice of subrecipients/ Assurance of compliance and recipient assessment of age distinctions
- 18.534 Information requirements
Investigation, Conciliation, and Enforcement Procedures
- 18.542 Complaints
- 18.543 Mediation
- 18.544 - 18.545 Investigation/ Prohibition against intimidation or retaliation
- 18.546 Compliance procedure
- 18.547 - 18.548 - 18.549 Hearings, decisions, post-termination proceedings/ Remedial action by recipient/ Alternate funds disbursal procedure
- 18.550 Exhaustion of administrative remedies
- Appendix A to Subpart E - Statutory Provision to Which This Part Applies
- Appendix B to Subpart E - List of Age Distinctions Contained in Statutes and Regulations Governing Federal Financial Assistance Programs of the Department of Veterans Affairs
-
Part 18a
Delegation of Responsibility in Connection with Title VI, Civil Rights Act of 1964
- 18a.1 Delegations of responsibility between the Secretary of Veterans Affairs and the Secretary, Department of Health and Human Services and the Secretary, Department of Education
- 18a.2 - 18a.3 Delegation to the Chief Benefits Director/ Delegation to the Chief Medical Director
- 18a.4 - 18a.5 Duties of the Director, Contract Compliance Service/ Delegation to the General Counsel
Part 18b
Practice and Procedure under Title VI of the Civil Rights Act of 1964 and Part 18 of this Chapter General Rules
- 18b.1 Scope of rules/ Reviewing authority/ Definitions/ Records to be public
- 18b.2
- 18b.9
- 18b.10
- 18b.11 Use of number/ Suspension of rules
Appearance and Practice
- 18b.13 - 18b.14 Appearance/ Authority for representation
- 18b.15 Exclusion from hearing for misconduct
Parties
- 18b.16 Parties
- 18b.17 Amici curiae
- 18b.18 Complainants not parties
Documents
- 18b.20 - 18b.21 Form of documents to be filed/ Signature of documents
- 18b.22 - 18.23 - 18.24 Filing and service/ Service; how made/ Date of service
- 18b.25 Certificate of service
Time
- 18b.26 - 18.27 Computation/ Extension of time or postponement
- 18b.28 Reduction of time to file documents
Proceedings before Hearing
- 18b.30 - 18.31 Notice of hearing or opportunity for hearing/ Answer to notice
- 18b.32 - 18b.33 - 18b.34 Amendment of notice or answer/ Request for hearing/ Consolidation
- 18b.35 - 18b.36 - 18b.37 Motions/ Responses to motions and petitions/ Disposition of motions and petitions
Responsibilities and Duties of Presiding Officer
- 18b.40 - 18b.41 Who presides/ Designation of an administrative law judge
- 18b.42 Authority of presiding officer
Hearing Procedures
- 18b.50 - 18b.51 - 18b.52 Statements of position and trial briefs/ Evidentiary purpose/ Testimony
- 18b.53 - 18b.54 - 18b.55 Exhibits/ Affidavits/ Depositions
- 18b.56 - 18b.57 - 18b.58 - 18b.59 Admissions as to facts and documents/ Evidence/ Cross-examination/ Unsponsored written material
- 18b.60 - 18b.61 - 18b.62 - 18b.63 Objections/ Exceptions to rulings of presiding officer unnecessary/ Official notice/ Public document items
- 18b.64 - 18b.65 Offer of proof/ Appeals from ruling of presiding officer
The Record
- 18b.66 - 18b.67 Official transcript/ Record for decision
Posthearing Procedures; Decisions
- 18b.70 - 18b.71 - 18b.72 Posthearing briefs; proposed findings and conclusions/ Decisions following hearing/ Exceptions to initial or recommended decisions
- 18b.73 - 18b.74 Final decisions/ Oral argument to the reviewing authority
- 18b.75 - 18b.76 Review by the Secretary/ Service on amici curiae
Posthearing Department Actions
- 18b.77 Final Department action
Judicial Standards of Practice
- 18b.90 Conduct
- 18b.91 - 18b.92 - 18b.93 Improper conduct/ Ex parte communications/ Expeditious treatment
- 18b.94 - 18b.95 Matters not prohibited/ Filing of ex parte communications
Part 19
Board of Veterans' Appeals: Appeals Regulations
Subpart A - Operation of the Board of Veterans' Appeals
- 19.1 - 19.2 Establishment of the Board/ Composition of the Board
- 19.3 - 19.4 - 19.5 Assignment of proceedings/ Principal functions of the Board/ Criteria governing disposition of appeals
- 19.6 [Reserved]
- 19.7 The decision
- 19.8 Content of Board decision, remand, or order in simultaneously contested claims
- 19.9 Remand for further development
- 19.10 [Reserved]
- 19.11 - 19.12 Reconsideration panel/ Disqualification of Members
- 19.13 Delegation of authority to Chairman and Vice Chairman, Board of Veterans' Appeals
- 19.14 Delegation of Authority - Appeals Regulations
- 19.15 19.15-19.24 [Reserved]
Subpart B - Appeals Processing by Agency of Original Jurisdiction
- 19.25 Notification by agency of original jurisdiction of right to appeal
- 19.26 Action by agency of original jurisdiction on Notice of Disagreement
- 19.27 Adequacy of Notice of Disagreement questioned within the agency of original jurisdiction
- 19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative
- 19.29 Statement of the Case
- 19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal
- 19.31Supplemental Statement of the Case
- 19.32 - 19.33 Closing of appeal for failure to respond to Statement of the Case/ Timely filing of Notice of Disagreement or Substantive Appeal questioned within the agency of original jurisdiction
- 19.34 Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative
- 19.35 Certification of appeals
- 19.36 Notification of certification of appeal and transfer of appellate record
- 19.37Consideration of Additional Evidence Reserved by the Agency of Original Jurisdiction After an Appeal has Been Initiated
- 19.38Action by Agency of Original Jurisdiction when Remand Received
- 19.39-19.49 [Reserved]
Subpart C - Administrative Appeals
- 19.50 - 19.51 Nature and form of administrative appeal/ Officials authorized to file administrative appeals and time limits for filing
- 19.52 - 19.53 Notification to claimant of filing of administrative appeal/ Restriction as to change in payments pending determination of administrative appeals
- 19.54-19.74 [Reserved]
Subpart D - Hearings Before the Board of Veterans' Appeals at Department of Veterans Affairs Field Facilities
- 19.75 - 19.76 Field hearing docket/ Notice of time and place of hearing before the Board of Veterans' Appeals at Department of Veterans Affairs field facilities
- 19.77-19.99 [Reserved]
Subpart E - Simultaneously Contested Claims
- 19.100 - 19.101 - 19.102 Notification of right to appeal in simultaneously contested claims/ Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims/ Notice of appeal to other contesting parties in simultaneously contested claims
- Appendix A to Part 19 - Cross-References
Part 20
Board of Veterans' Appeals: Rules of Practice
Subpart A - General
- 20.1 - 20.2 Purpose and construction of Rules of Practice/ Procedure in absence of specific Rule of Practice
- 20.3 Rule 3. Definitions
- 20.4-20.99 [Reserved]
Subpart B - The Board
- 20.100 Rule 100. Name, business hours, and mailing address of the Board
- 20.101 Rule 101. Jurisdiction of the Board
- 20.102 Rule 102. Delegation of authority-Rules of Practice
- 20.103-20.199 [Reserved]
Subpart C - Commencement and Perfection of Appeal
- 20.200 - 20.201 What constitutes an appeal/ Notice of Disagreement
- 20.202 - 20.203 Substantive Appeal/ Removed and Reserved
- 20.204 Rule 204. Withdrawal of Notice of Disagreement or Substantive Appeal
- 20.205-20.299 [Reserved]
Subpart D - Filing
- 20.300 - 20.301 Place of filing Notice of Disagreement and Substantive Appeal/ Who can file an appeal
- 20.302 Rule 302. Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case
- 20.303 Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case
- 20.304 Filing additional evidence does not extend time limit for appeal
- 20.305 Computation of time limit for filing
- 20.306 Rule 306. Legal holidays
- 20.307-20.399 [Reserved]
Subpart E - Administrative Appeals
- 20.400 - 20.401 Action by claimant or representative on notification of administrative appeal/ Effect of decision on administrative or merged appeal on claimant's appellate rights
- 20.402-20.499 [Reserved]
Subpart F - Simultaneously Contested Claims
- 20.500 - 20.501 Who can file an appeal in simultaneously contested claims/ Time limits for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case in simultaneously contested claims
- 20.502 - 20.503 - 20.504 Time limit for response to notice of appeal by another contesting party in a simultaneously contested claim/ Extension of time for filing a Substantive Appeal in simultaneously contested claims/ Notices sent to last addresses of record in simultaneously contested claims
- 20.505-20.599 [Reserved]
Subpart G - Representation
- 20.600 - 20.601 - 20.602 Right to representation/ Only one representative recognized/ Representation by recognized organizations
- 20.603 Representation by attorneys-at-law
- 20.604 Representation by agents
- 20.605 Other persons as representative
- 20.606 Legal interns, law students and paralegals
- 20.607 Revocation of a representative's authority to act
- 20.608 Withdrawal of services by a representative
- 20.611-20.699 [Reserved]
Subpart H - Hearings on Appeal
- 20.700 General
- 20.701 Who may present oral argument
- 20.702 Scheduling and notice of hearings conducted by the Board of Veterans' Appeals in Washington, DC
- 20.703 When a hearing before the Board of Veterans' Appeals at a Department of Veterans Affairs field facility may be requested
- 20.704 Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities
- 20.705 - 20.706 Where hearings are conducted/ Functions of the presiding Member
- 20.707 - 20.708 Designation of Member or Members to conduct the hearing/ Prehearing conference
- 20.709 - 20.710 Procurement of additional evidence following a hearing/ Witnesses at hearings
- 20.711 Subpoenas
- 20.712 - 20.713 Expenses of appellants, representatives, and witnesses incident to hearings not reimbursable by the Government/ Hearings in simultaneously contested claims
- 20.714 Record of hearing
- 20.715 - 20.716 Recording of hearing by appellant or representative/ Correction of hearing transcripts
- 20.717 Loss of hearing tapes or transcripts-motion for new hearing
- 20.718-20.799 [Reserved]
Subpart I - Evidence
- 20.800 Rule 800. Submission of additional evidence after initiation of appeal
- 20.801-20.899 [Reserved]
Subpart J - Action by the Board
- 20.900 Order of consideration of appeals
- 20.901 Medical opinions and opinions of the General Counsel
- 20.902 Filing of requests for the procurement of opinions
- 20.903 Notification of opinions secured by the Board and opportunity for response
- 20.904 Vacating a decision
- 20.905-20.999 [Reserved]
Subpart K - Reconsideration
- 20.1000 Rule 1000. When reconsideration is accorded
- 20.1001 Rule 1001. Filing and disposition of motion for reconsideration
- 20.1002 Rule 1002. [Reserved]
- 20.1003 Rule 1003. Hearings on reconsideration
- 20.1004-20.1099 [Reserved]
Subpart L - Finality
- 20.1100 - 20.1102 - 20.1103 Finality of decisions of the Board/ Harmless error/ Finality of determinations of the agency of original jurisdiction where appeal is not perfected
- 20.1101 Rule 1101. [Reserved]
- 20.1104 Rule 1104, Finality of determinations of the agency or original jurisdiction affirmed on appeal
- 20.1105 Rule 1105, New claim after promulgation of appellate decision
- 20.1106 Rule 1106, Claim for death benefits by survivor-prior unfavorable decisions during veteran's lifetime
- 20.1107-20.1199 [Reserved]
Subpart M - Privacy Act
- 20.1200 - 20.1201 Privacy Act request-appeal pending/ Amendment of appellate decisions
- 20.1202-20.1299 [Reserved]
Subpart N - Miscellaneous
- 20.1300 Removal of Board records
- 20.1301 Disclosure of Information
- 20.1302 Death of appellant during pendency of appeal
- 20.1303 Non-Precedential Nature of Board Decisions
- 20.1304 Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals
Subpart O--Revision of Decisions on Grounds of Clear and Unmistakable Error
- 20.1400 - 20.1401 - 20.1402 Motions to revise Board decisions/ Definitions/ Inapplicability of other rules
- 20.1403 What constitutes clear and unmistakable error; what does not
- 20.1404 Filing and pleading requirements; withdrawal
- 20.1405 Disposition
- 20.1406 - 20.1407 - 20.1408 Effect of revision; discontinuance or reduction of benefits/ Motions by the Board/ Special rules for simultaneously contested claims
- 20.1409 - 20.1410 - 20.1411 Finality and appeal/ Stays pending court action/ Relationship to other statutes
- Appendix A to Part 20 - Cross-References
Subpart P--Expedited Claims Adjudication Initiative-Pilot Program
- 20.1500Expedited Claims Adjudication Initiative
- 20.1501 Definitions
- 20.1502Eligibility
- 20.1503 Election, identification of evidence, and representation.
- 20.1504Time Limits
- 20.1505 Review of initial benefits claim decision.
- 20.1506Board review of cases
- 20.1507 Hearings.
- 20.1508Waiver
- 20.1509 Compliance and revocation of participation.
- 20.1510Termination of the initiative.
Part 25
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs
- 25.1 Uniform relocation
Part 26
Environmental Effects of the Department of Veterans Affairs (VA) Actions
- 26.1 - 26.2 Issuance and purpose/ Applicability and scope
- 26.3 Definitions
- 26.4 Policy
- 26.5 Responsibilities
- 26.6 Environmental documents
- 26.7 VA environmental decision making and documents
- 26.8 Assistance to applicants
- 26.9 Information on and public participation in VA environmental process
Part 38 - National Cemeteries of the Department of Veterans Affairs
- 38 Index
- 38 Title
- 38.600 Definitions
- 38.601 Advisory Committee on Cemeteries and Memorials
- 38.602 Names for National Cemeteries and Features
- 38.603 Gifts and Donations
- 38.617 Prohibition of Interment of Memorialization of Persons who have been Convicted of Federal or State Capital Crimes
- 38.618 Finding Concerning Commission of a Capital Crime where a Person has not been Convicted Due to Death or Flight to Avoid Prosecution
- 38.620 Persons Eligible for Burial
- 38.621 Disinterments
- 38.629 Outer Burial Receptacle Allowance
- 38.630 Headstones and Markers
- 38.631 Graves Marked with a Private Headstone or Marker
- 38.632 Headstone and Marker Application Process
- 38.633 Group Memorial Monuments
Part 39
State Cemetery Grants
- 39.Index Section Title Index
- 39.1 Purpose
- 39.2 Definitions
- 39.3 Decisionmakers, notifications, and additional information
- 39.4 Submissions of information and documents to VA
- 39.5 General requirements for a grant
- 39.6 Preapplication requirements
- 39.7 Priority list
- 39.8 Plan Preparation
- 39.9 Conferences
- 39.10 Application requirements
- 39.11 Final review and approval of application
- 39.12 Hearings
- 39.13 Amendments to application
- 39.14 Withdrawl of Application
- 39.15 Amount of grant
- 39.16 Line item adjustment to grant
- 39.17 Payment of grant award
- 39.18 Recapture provisions
- 39.19 General requirements for site selection and construction of veterans cemeteries
- 39.20 Site planning standards
- 39.21 Space criteria for support facilities
- 39.22 Architectural design standards
- 39.23 Responsibilities following project completion
- 39.24 State to retain control of operations
- 39.25 Inspections, audits, and reports
- 39.26 Forms
Part 40
Intergovernmental Review of Department of Veterans Affairs Programs and Activities
- 40.1 Purpose
- 40.2 - 40.3 Definitions/ Programs and activities
- 40.4 - 40.5 General/ Federal interagency coordination
- 40.6 - 40.7 Selection of programs and activities/ Communicating with State and local officials concerning VA's programs and activities
- 40.8 Commenting on proposed Federal financial assistance and direct Federal development
- 40.9 Comment receipt and response to comments
- 40.10 Making efforts to accommodate intergovernmental concerns
- 40.11 - 40.12 - 40.13 Interstate/ [Reserved]/ Waiver
Part 41
Audit of States, Local Governments and Non-Profit Organizations
- 41 Title Part 41 Title
- 41 Index Part 41 Index
- General
- 41.100 Purpose
- 41.105 Definitions
- Audits
- 41.200 Audit Requirements
- 41.205 Basic for Determining Federal Awards Expended
- 41.210 Subrecipient and Vendor Determinations
- 41.215 Relation to Other Audit Requirements
- 41.220 Frequency of Audits
- 41.225 Sanctions
- 41.230 Audit Costs
- 41.235 Program Specific Audits
- Auditees
- 41.300 Auditee Responsibilities
- 41.305 Auditor Selection
- 41.310 Financial Statements
- 41.315 Audit Finding Follow-up
- 41.320 Report Submission
- Federal Agencies and Pass-Through Entities
- 41.400 Responsibilities
- 41.405 Management Decision
- Auditors
- 41.500 Scope of Audit
- 41.505 Audit Reporting
- 41.510 Audit Findings
- 41.515 Audit Working Papers
- 41.520 Major Program Determination
- 41.525 Criteria for Federal Program Risk
- 41.530 Criteria for a Low-Risk Auditee
- Appendix's
- Appendix A Data Collection Form (Form SF-SAC)
- Appendix B OMB Circular A-133 Compliance Supplement
Part 42
Standards Implementing the Program Fraud Civil Remedies Act
- 42.1 Basis and purpose
- 42.2 Definitions
- 42.3 Basis for civil penalties and assessments
- 42.4 Investigation
- 42.5 Review by the reviewing official
- 42.6 Prerequisites for issuing a complaint
- 42.7 - 42.8 Complaint/ Service of complaint
- 42.9 Answer
- 42.10 Default upon failure to file an answer
- 42.11 - 42.12 - 42.13 Referral of complaint and answer to the Administrative Law Judge (ALJ)/ Notice of hearing/ Parties to the hearing
- 42.14 - 42.15 Separation of functions/ Ex parte contacts
- 42.16 - 42.17 Disqualification of reviewing official or ALJ/ Rights of parties
- 42.18 Authority of the ALJ
- 42.19 Prehearing conferences
- 42.20 Disclosure of documents
- 42.21 Discovery
- 42.22 - 42.23 Exchange of witness lists, statements, and exhibits/ Subpoenas for attendance at hearing
- 42.24 - 42.25 Protective order/ Fees
- 42.26 Form, filing and service of papers
- 42.27 - 42.28 Computation of time/ Motions
- 42.29 Sanctions
- 42.30 The hearing and burden of proof
- 42.31 Determining the amount of penalties and assessments
- 42.32 Location of hearing
- 42.33 Witnesses
- 42.34 - 42.35 Evidence/ The record
- 42.36 - 42.37 Post-hearing briefs/ Initial decision
- 42.38 Reconsideration of initial decision
- 42.39 Appeal to the Secretary of Veterans Affairs
- 42.40 Stays ordered by the Department of Justice/ Stay pending appeal/ Judicial review
- 42.43 Collection of civil penalties and assessments/ Right to administrative offset/ Deposit in Treasury of United States
- 42.46 - 42.47 Compromise and settlement/ Limitations
Part 43
Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments
Subpart A - General
- 43.1 - 43.2 Purpose and scope of this part/ Scope of subpart
- 43.3 Definitions
- 43.4 Applicability
- 43.5 - 43.6 Effect on other issuances/ Additions and exceptions
Subpart B - Pre-Award Requirements
- 43.10 Forms for applying for grants
- 43.11 State plans
- 43.12 Special grant or subgrant conditions for "high-risk" grantees
Subpart C - Post-Award Requirements
- 43.20 Standards for financial management systems
- 43.21 Payment
- 43.22 Allowable costs
- 43.23 Period of availability of funds
- 43.24 Matching or cost sharing
- 43.25 Program income
- 43.26 Non-Federal audit
- 43.30 Changes
- 43.31 Real property
- 43.32 Equipment
- 43.33 - 43.34 - 43.35 Supplies/ Copyrights/ Subawards to debarred and suspended parties
- 43.36 Procurement
- 43.37 Subgrants
- 43.40 Monitoring and reporting program performance
- 43.41 Financial reporting
- 43.42 Retention and access requirements for records
- 43.43 Enforcement
- 43.44 Termination for convenience
Subpart D - After-the-Grant Requirements
- 43.50 Closeout
- 43.51 - 43.52 Later disallowances and adjustments/ Collection of amounts due
Subpart E - Entitlements [Reserved]
Part 44
Government-wide Debarment and Suspension (Nonprocurement)
Title Part 44 Title
Part 45
New Restrictions on Lobbying
Subpart A - General
- 45.100 Conditions on use of funds
- 45.105 Definitions
- 45.110 Certification and disclosure
Subpart B - Activities by Own Employees
- 45.200 Agency and legislative liaison
- 45.205 - 45.210 Professional and technical services/ Reporting
Subpart C - Activities by Other than Own Employees
- 45.300 Professional and technical services
Subpart D - Penalties and Enforcement
- 45.400 Penalties
- 45.405 - 45.410 - 45.500 Penalty procedures/ Enforcement
Subpart E - Exemptions
- 45.500 Secretary of Defense
Subpart F - Agency Reports
- 45.600 Semi-annual compilation
- 45.605 Inspector General report
- Appendix A Appendix A to Part 45 - Certification Regarding Lobbying
- Appendix B Appendix B to Part 45 - Disclosure Form to Report Lobbying
Part 48
Government Wide Requirements For Drug-Free Workplace (Financial Assistance)
Subpart A - Purpose and Coverage
- 48.100
What Does This Part Do
48.105 Does This part Apply to Me
48.110 Are Any on My Federal Assistance Awards Exempt From This Part
48.115 Does This Part Affect the Federal Contracts That I Receive
Subpart B - Requirements for Recipients Other Than Individuals
- 48.200 What Must I Do To Comply With This Part
- 48.205 What Must I Include in My Drug-Free Workplace Statement
- 48.210 To Whom Must I Distribute My Drug-Free Workplace Statement
- 48.215 What Must I Include in My Drug-Free Awareness Program
- 48.220 By When Must I Publish My Drug-Free Workplace Statement and Establish My Drug-Free Awareness Program
- 48.225 What Actions Must I Take Concerning Employees Who Are Convicted of Drug Violations in the Workplace
- 48.230 How and When Must I Identify Workplaces
Subpart C - Requirements for Recipients Who Are Individuals
- 48.300 What Must I Do To Comply With This Part If I Am An Individual Recipient
- 48.301 Reserved
Subpart D - Responsibilities of Department of Veterans Affairs Awarding Officals
- 48.400 What Are My Responsibilities as a Department of Veterans Affairs Awarding Offical
Subpart E - Violations of This Part and Consequences
- 48.500 How Are Violations of This Part Determined For Recipients Other Than Individuals
- 48.505 How Are Violations of This Part Determined For Recipients Who Are Individuals
- 48.510 What Actions will the Federal Government Take Against a Recipient Determined to have Violated This Part
- 48.515 Are There Any Exceptions to Those Actions
Subpart F - Definitions
- 48.605 Award
- 48.610 Controlled Substance
- 48.615 Conviction
- 48.620 Cooperative Agreement
- 48.625 Criminal Drug Statute
- 48.630 Debarment
- 48.635 Drug-Free Workplace
- 48.640 Employee
- 48.645 Federal Agency or Agency
- 48.650 Grant
- 48.655 Individual
- 48.660 Recipient
- 48.665 State
- 48.670 Suspension
Part 49
Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
- 49 Title Part 49 Title
- 49 Index Part 49 Index
- General
- 49.1 Purpose
- 49.2 Definitions
- 49.3 Effect on Other Issuances
- 49.4 Deviations
- 49.5 Subawards
- Pre-Award Requirements
- 49.10 Purpose
- 49.11 Pre-Award Policies
- 49.12 Forms for Applying for Federal Assistance
- 49.13 Debarment and Suspension
- 49.14 Special Award Conditions
- 49.15 Metric System of Measurement
- 49.16 Resource Conservation and Recovery Act
- 49.17 Certifications and Representations
- Post Award Requirements - Financial and Program Management
- 49.20 Purpose of Financial and Program Management
- 49.21 Standards for Financial Management Systems
- 49.22 Payment
- 49.23 Cost Sharing or Matching
- 49.24 Program Income
- 49.25 Revision of Budget and Program plans
- 49.26 Mon-Federal Audit
- 49.27 Allowance Costs
- 49.28 Period of Availability of Funds
- 49.29 Conditional Exemptions
- Property Standards
- 49.30 Purpose of Property Standards
- 49.31 Insurance Coverage
- 49.32 Real Property
- 49.33 Federally Owned and Exempt Property
- 49.34 Equipment
- 49.35 Supplies and Other Expendable Property
- 49.36 Intangible Property
- 49.37 Property Trust Relationship
- Procurement Standards
- 49.40 Purpose of Procurement Standards
- 49.41 Recipient Responsibilities
- 49.42 Codes of Conduct
- 49.43 Competition
- 49.44 Procurement Procedures
- 49.45 Cost and Price Analysis
- 49.46 Procurement Records
- 49.47 Contract Administration
- 49.48 Contract Provisions
- Report and Records
- 49.50 Purpose of Reports and Records
- 49.51 Monitoring and Reporting Program Performance
- 49.52 Financial Reporting
- 49.53 Retention and Access Requirements for Records
- Termination and Enforcement
- 49.60 Purpose of Termination and Enforcement
- 49.61 Termination
- 49.62 Enforcement
- After the Award Requirements
- 49.70 Purpose
- 49.71 Closeout Procedures
- 49.72 Subsequent Adjustments and Continuing Responsibilities
- 49.73 Collection of Amount Due
- Appendix's
- Appendix A Contract Provisions
Part 74
Veteran Small Business Regulations
General Guidelines
74.1 What definitions are important for VetBiz Vendor Information Pages (VIP) Verfication
74.2 What are the Eligibility Requirements a Concern Must Meet for VerBiz VIP Verfication
74.3 Who does Center for Veterans Enterprise (CVE) consider to own a Veteran-Owned Small Business
74.4 Who does CVE consider to control a veteran-owned small business
74.5 How does CVE determine affiliation
Application Guidelines
74.10 Where must an application be filed
74.11 How does CVE process applications for VetBiz VIP Verfication
74.12 What must a concern concern submit to apply for VetBiz VIP Verfication
74.13 Can an applicant ask CVE to reconsider its initial decision to deny an application
74.14 Can an applicant reapply for admission to the VetBiz VIP Verfication Program
74.15 What length of time may a business participate in VetBiz VIP Verfication
Oversight Guidelines
74.20 What is a verification examination and what will CVE examine
74.21 What are the ways a business may exit VetBiz VIP Verfication status
74.22 What are the procedures for cancellations
Records Management
74.25 What types of personally identifiable information will VA collect
74.26 What types of business information will VA collect
74.27 How will VA store information
74.28 Who may examine records
74.29 When will VA dispose of records
Part 75
Information Security Matters
75.111 Purpose and Scope
75.112 Definitions and Terms
75.113 Data Breach
75.114 Accelerated Response
75.115 Risk Analysis
75.116 Secretary Determination
75.117 Notification
75.118 Other Credit Protection Services
75.119 Finality of Secretary Determination
|
|
Reviewed/Updated Date:
December 10, 2008
|
|