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GAO-15-333R 1 (2015-01-22)

handle is hein.gao/gaobadqxp0001 and id is 1 raw text is: 




GO                    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-326534


January 22, 2015

The Honorable Johnny Isakson
Chairman
The Honorable Richard Blumenthal
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Jeff Miller
Chairman
The Honorable Corrine Brown
Ranking Member
Committee on Veterans' Affairs
House of Representatives

Subject: Department of Veterans Affairs: Caregivers Program

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Veterans Affairs (VA) entitled Caregivers Program (RIN:
2900-AN94). We received the rule on January 5, 2015. It was published in the Federal
Register as a final rule on January 9, 2015. 80 Fed. Reg. 1357.

This final rule amends the regulations governing VA's Program of Comprehensive Assistance
for Family Caregivers. VA administers this program to provide certain medical, travel, training,
and financial benefits to caregivers of certain veterans and servicemembers who were seriously
injured during service on or after September 11, 2001. This rule also addresses the Program of
General Caregiver Support Services that provides support services to caregivers of veterans
from all eras who are enrolled in the VA health care system. Specifically, this final rule includes
a requirement that veterans be notified in writing should a Family Caregiver request revocation
of caregiver status (i.e., to no longer be a Family Caregiver), an extension of the application
timeframe from 30 days to 45 days for a Family Caregiver, and a change in the stipend
calculation to ensure that Primary Family Caregivers do not experience unexpected decreases
in stipend amounts from year to year.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The final rule has a stated effective date of
January 9, 2015. The rule was received on January 5, 2015, and was published in the Federal
Register on January 9, 2015. Therefore, the final rule does not have the required 60-day delay
in its effective date. The 60-day delay in effective date can be waived, however, if the agency
finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest,
and the agency incorporates a statement of the findings and its reasons in the rule issued.
5 U.S.C. §§ 553(d)(3), 808(2). VA determined that there was good cause to publish this rule


GAO-15-333R

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