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GAO-02-534R 1 (2002-03-22)

handle is hein.gao/gaobadwgk0001 and id is 1 raw text is: 


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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-290094


          March 22, 2002

          The Honorable Patrick J. Leahy
          Chairman
          The Honorable Orrin G. Hatch
          Ranking Minority Member
          Committee on the Judiciary
          United States Senate

          The Honorable F. James Sensenbrenner
          Chairman
          The Honorable John Conyers, Jr.
          Ranking Minority Member
          Committee on the Judiciary
          House of Representatives

          Subject: Department of Justice, Office of the Attorney General: September 11 th
                  Victim Compensation Fund of 2001

          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 Justice (DOJ), Office of the Attorney
          General, entitled September 11 th Victim Compensation Fund of 2001 (RIN: 1105-
          AA79). We received the rule on March 8, 2002. It was published in the Federal
          Register as a final rule on March 13, 2002. 67 Fed. Reg. 11233.

          The final rule makes certain changes and clarifications regarding the September 1 1
          Victim Compensation Fund of 2001. They are, among others, the treatment of
          collateral sources, including pensions, and adjusting the presumed economic loss
          methodology in a manner that should increase potential awards for most claimants.

          The final rule has an announced effective date of March 13, 2002--the date of
          publication in the Federal Register. The Congressional Review Act 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).

          DOJ states that it has found good cause under 5 U.S.C. 808(2) of the Congressional
          Review Act for making the final rule effective upon publication. Section 808(2)
          states that where an agency for good cause finds that notice and public procedure
          are impracticable, unnecessary, or contrary to the public interest, the delay
          provisions of section 801 do not apply. GAO has always found the exemption at


GAO-02-534R

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