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B-336163 Apr 04, 2024 1 (2024-04-04)

handle is hein.gao/gaoqcu0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-336163 April 4, 2024 The Honorable Jon Tester Chairman The Honorable Jerry Moran Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Mike Bost Chairman The Honorable Mark Takano Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Department of Veterans Affairs: Schedule for Rating Disabilities: The Digestive System 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 Schedule for Rating Disabilities: The Digestive System (RIN: 2900-AQ90). We received the rule on March 20, 2024. It was published in the Federal Register as a final rule on March 20, 2024. 89 Fed. Reg. 19735. The effective date is May 19, 2024. According to VA, this final rule amends the VA Schedule for Rating Disabilities (VASRD) by revising the portion of the schedule that addresses the digestive system. VA stated that the effect of this rule is to ensure that the rating schedule uses current medical terminology and provides detailed and updated criteria for evaluation of digestive conditions for disability rating purposes. 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 rule was published in the Federal Register on March 20, 2024. 89 Fed. Reg. 19735. The Congressional Record shows that the House of Representatives received the rule on March 27, 2024. 170 Cong. Rec. EC3649 (daily ed. Apr. 2, 2024). The Congressional Record does not yet reflect the date of receipt by the Senate. VA provided documentation reflecting that the House of Representatives and the Senate received the rule on March 25, 2024. Email from Office of Regulation Policy and Management, Office of the Secretary, VA, to Staff Attorney, GAO, Subject: RE: Regulatory Compliance w/CRA - AQ90(F) Schedule for Rating Disabilities: The Digestive System (Mar. 27, 2024). The rule has a stated effective date of May 19, 2024. Therefore, based on the date of congressional receipt, the final rule does not have the required 60-day delay in its effective date.