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B-330710 1 (2018-02-01)

handle is hein.gao/gaobadvmr0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-330710 February 1, 2019 The Honorable Johnny Isakson Chairman The Honorable Jon Tester Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Mark Takano Chairman The Honorable Phil Roe, M.D. Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Department of Veterans Affairs: VA Claims and Appeals Modernization 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 VA Claims and Appeals Modernization (RIN: 2900-AQ26). We received the rule on January 18, 2019. It was published in the Federal Register as a final rule on January 18, 2019. 84 Fed. Reg. 138. The effective date of the final rule is February 19, 2019. The final rule amends the regulations governing claims adjudication and appeals. It also amends the Board of Veterans' Appeals' Rules of Practice. In addition, this rule revises VA's regulations with respect to accreditation of attorneys, agents, and Veterans Service Organization representatives; the standards of conduct for persons practicing before VA; and the rules governing fees for representation. Further, this rule implements provisions of the Veterans Appeals Improvement and Modernization Act of 2017, which amended the procedures applicable to administrative review and appeal of VA decisions on claims for benefits. Pub. L. No. 115-55, 131 Stat. 1105 (Aug. 23, 2017). 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). This final rule was published in the Federal Register on January 18, 2019. 84 Fed. Reg. 138. The Senate received the rule on January 22, 2019. 165 Cong. Rec. S498 (Jan. 23, 2019). The Congressional Record does not reflect the date of receipt by the House of Representatives. The rule has a stated effective date of February 19, 2019. Therefore, the final rule does not have the required 60-day delay in its effective date.

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