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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
Regulatory Flexibility Act The Secretary hereby certifies that this final rule would 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. 601612. This rulemaking does not change VAs policy regarding small businesses, does not have an economic impact to individual businesses, and there are no increased or decreased costs to small business entities. On this basis, the final rule would not have an economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601612.
Therefore, pursuant to 5 U.S.C. 605b, the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 as they do not apply.
Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal Governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation in any one year. This final rule would have no such effect on State, local, and tribal Governments or on the private sector.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects
electronically as an official document of the Department of Veterans Affairs.
Luvenia Potts, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.

For the reasons set out in the preamble, VA amends 48 CFR parts 852
and 871 as follows:
PART 852SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 852
continues to read as follows:

Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 871
Government procurement, Vocational rehabilitation and employment.

Denis McDonough, Secretary of Veterans Affairs, approved this document on August 24, 2021, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication
21:34 Sep 30, 2021

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Removed and Reserved
3. Remove and reserve section 852.27175.
4. Part 871 is revised to read as follows:

PART 871VOCATIONAL
REHABILITATION AND EMPLOYMENT
PROGRAMS

2. Revise sections 852.27172, 852.27173, and 852.27174 to read as follows:

871.200

Scope of subpart.

871.201

General.

852.27172 Time Spent by Counselee in Counseling Process.

As prescribed in 871.211, insert the following clause:
Time Spent by Counselee in Counseling Process Nov 2021
The Contractor agrees that no counselee referred under the provisions of this agreement will be required to participate or engage in additional sessions or expend any extra time in connection with the counseling process, to supply test results or other information, for purposes other than those specified in this contract.

End of clause 852.27173 Use and Publication of Counseling Results.

As prescribed in 871.211, insert the following clause:

The Contractor agrees that none of the information or data gathered in connection with the services specified in this contract, or studies or materials based thereon or relating thereto, will be publicized without the prior approval of the Under Secretary for Benefits or his/her designee.

852.27174 Inspection of Instruction, Counseling or Testing Operations.

As prescribed in 871.211, insert the following clause:
Inspection of Instruction, Counseling or Testing Operations Nov 2021
The Contractor shall permit the duly authorized representative of the Department of Veterans Affairs to visit the place of instruction or the counseling and testing operations as may be necessary and to
VerDate Sep<11>2014

852.27175

Subpart 871.1 Reserved
End of clause
Signing Authority
End of clause
Authority: 38 U.S.C. 81278128, and 8151
8153; 40 U.S.C. 121c; 41 U.S.C. 1121c3, 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR
1.301 through 1.304.

Use and Publication of Counseling Results Nov 2021

48 CFR Part 852

examine the training facilities, the work of the Veterans in training under this contract, and the records of these operations, along with any other rights to examine records and conduct inspections in accordance with the Federal Acquisition Regulation and clauses contained in the contract or order.

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Subpart 871.2Vocational Rehabilitation and Employment Service
871.2011 Requirements for the use of contracts.
871.205

Proration of charges.

871.206

Other fees and charges.

871.207

Payment of tuition or fees.

871.208

Rehabilitation facilities.

871.209 Prohibition on advertising training of Veterans.
871.210

Contract clauses.

Authority: 38 U.S.C. chapter 31; 40 U.S.C.
121c; 41 U.S.C. 1121c3; 41 U.S.C. 1702;
and 48 CFR 1.301 through 1.304.

Subpart 871.1Reserved Subpart 871.2Vocational Rehabilitation and Employment Service 871.200

Scope of subpart.

This subpart establishes policy and procedures for the vocational rehabilitation and employment services as it pertains to the following:
a Contracts for training and rehabilitation services.
b Approval of institutions including rehabilitation facilities, training establishments, and employers under 38
U.S.C. chapter 31.
c Contracts for counseling services under 38 U.S.C. chapters 30, 31, 32, 35, and 36.
871.201

General.

871.2011 Requirements for the use of contracts.

The costs for tuition, fees, books, supplies, and other expenses are
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