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GAO-04-168R 1 (2003-10-20)

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

          B-293000


          October 20, 2003

          The Honorable Susan M. Collins
          Chairman
          The Honorable Joseph I. Lieberman
          Ranking Minority Member
          Committee on Governmental Affairs
          United States Senate

          The Honorable Tom Davis
          Chairman
          The Honorable Henry A. Waxman
          Ranking Minority Member
          Committee on Government Reform
          House of Representatives

          Subject: Offce of Personnel Management: Health Insurance Premium Conversion

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Office of Personnel Management (OPM), entitled
          Health Insurance Premium Conversion (RIN: 3206-AJ17). We received the rule on
          October 6, 2003. It was published in the Federal Register as a final rule on October 1,
          2003. 68 Fed. Reg. 56525.

          The final rule implements the health insurance premium conversion plan for
          employees participating in the Federal Employees Health Benefits Program and
          enables employees to pay premiums with pre-tax dollars. The rule finalizes an
          interim final rule issued on July 19, 2000 (65 Fed. Reg. 44644), which made the
          program effective on September 18, 2000.

          The final rule has an announced effective date of October 31, 2003. 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). As of the date of this report, we
          have been advised that neither the Senate nor the House has received the rule. It
          was published in the Federal Register on October 1, 2003. Therefore, the rule does
          not have the required 60-day delay in its effective date for congressional review.
          However, as noted above, the premium conversion program has been in effect for
          more than 3 years without congressional objection.


GAO-04-168R

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