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B-291906 1 (2003-02-28)

handle is hein.gao/gaobacyhm0001 and id is 1 raw text is: I Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 B-291906 February 28, 2003 The Honorable Ted Strickland House of Representatives Subject: Whether Department of Veterans Affairs Memorandum is a Rule Under the Congressional Re view Act Dear Mr. Strickland: This is in response to your letter of January 2, 2003, requesting our opinion on whether a July 18, 2002, memorandum issued by the Department of Veterans Affairs (VA) to all VA Network Directors regarding the VA's marketing activities to enroll new veterans in the VA health care system is a rule under the Congressional Review Act (CRA). For the reasons discussed below, we conclude that under the CRA the VA memorandum is not a rule that needs to be submitted to Congress. Rules Subject to Congressional Review Chapter 8 of title 5, United States Code, entitled Congressional Review of Agency Rulemaking, is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. The requirements of chapter 8 take precedence over any other provision of law. 5 U.S.C. 806(a). Section 801(a)(1) provides that before a rule becomes effective, the agency promulgating the rule must submit to each House of Congress and to the Comptroller General a report containing: (i) a copy of the rule; (ii) a concise general statement relating to the rule, including whether it is a major rule; and (iii) the proposed effective date of the rule. On the date the report is submitted, the agency also must submit to the Comptroller General and make available to each House of Congress certain other documents,

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