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B-332414 1 (2020-08-17)

handle is hein.gao/gaobaebrh0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332414 August 17, 2020 The Honorable Lindsay Graham Chairman The Honorable Dianne Feinstein Ranking Member Committee on the Judiciary United States Senate The Honorable Jerrold Nadler Chairman The Honorable Jim Jordan Ranking Member Committee on the Judiciary House of Representatives Subject: Department of Justice, Drug Enforcement Administration: Registration and Reregistration Fees for Controlled Substance and List / Chemical Registrants 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, Drug Enforcement Administration (DEA) entitled Registration and Reregistration Fees for Controlled Substance and List I Chemical Registrants (RIN: 1117-AB51). We received the rule on August 6, 2020. It was published in the Federal Register as a final rule on July 24, 2020. 85 Fed. Reg. 44710. The final rule has an effective date of October 1, 2020. According to DEA, the final rule adjusts the fee schedule for registration and reregistration fees necessary to recover the costs of its Diversion Control Program relating to the registration and control of the manufacture, distribution, dispensing, importation and exportation of controlled substances and list I chemicals as mandated by the Controlled Substances Act, Pub. L. No. 91-513, title 11, 84 Stat. 1242 (Oct. 27, 1970), classified at 21 U.S.C. §§ 801 etal. DEA stated the final rule changes the fee schedule and codifies existing practices of the issuance of refunds by DEA for applicant registration fees. 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 was published in the Federal Register on July 24, 2020. 85 Fed. Reg. 44710. The Congressional Record does not indicate that either House of Congress received the final rule, and the agency informed our office that it was in the process of mailing the final rule to both chambers. Email from Program Analyst, DEA, to Senior Staff Attorney, GAO (Aug. 11, 2020). The final rule has an effective date of October 1, 2020. Therefore, the final rule does not have the required 60-day delay in effective date.

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