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GAO-10-415R 1 (2010-02-12)

handle is hein.gao/gaobadwzz0001 and id is 1 raw text is: 

   I
   GA 0
T a  m Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-319290


          February 12, 2010

          The Honorable Carl Levin
          Chairman
          The Honorable John McCain
          Ranking Minority Member
          Committee on Armed Services
          United States Senate

          The Honorable Ike Skelton
          Chairman
          The Honorable Howard P. Buck McKeon
          Ranking Minority Member
          Committee on Armed Services
          House of Representatives

          Subject: Department of Defense, Office of the Secretaly.: Retroactive Stop Loss
                  Special Pay Compensation

          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 Defense (DoD), Office of the
          Secretary, entitled Retroactive Stop Loss Special Pay Compensation (RIN: 0790-
          A159). We received the rule on January 27, 2010. It was published in the Federal
          Registeras an interim final rule on October 23, 2009. 74 Fed. Reg. 54,751.

          The interim final rule provides for retroactive stop loss special pay as authorized and
          appropriated in the Supplemental Appropriations Act, 2009. DoD states the prompt
          implementation of the interim final rule is of critical importance as Congress
          dictated the program be implemented within 120 days following the signing of the
          Supplemental Appropriations Act, 2009, which was signed June 24, 2009.
          Additionally, this program is of short duration, from October 21, 2009, to October 21,
          2010. The last day for submission of claims to the Secretaries of the Military
          Departments for retroactive stop loss special pay is October 21, 2010.

          The interim final rule is effective on October 21, 2009. CRA requires a 60-day delay
          in the effective date of a major rule from the date of publication in the Federal
          Registeror receipt of the rule by Congress, whichever is later. 5 U.S.C.
          § 801(a) (3) (A). However, notwithstanding the 60-day delay requirement, any rule
          that an agency for good cause finds that notice and public procedures are


GAO-10-415R

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