�Whether Department of Veterans Affairs Memorandum is a Rule Under the Congressional Review Act, B-291906, February 28, 2003

B-291906 Feb 28, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Strickland: This is in response to your letter of January 2. Memorandum issued by the Department of Veterans Affairs (VA) to all VA Network Directors regarding the VA's marketing activities to enroll new veterans in the VA health care system is a "rule" under the Congressional Review Act (CRA). We conclude that under the CRA the VA memorandum is not a "rule" that needs to be submitted to Congress. " is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. Including whether it is a major rule. On the date the report is submitted. Once a rule is submitted in accordance with section 801(a)(1). Special procedures for congressional consideration of a joint resolution of disapproval are available for a period of 60 session days in the Senate or 60 legislative days in the House. 5 U.S.C. 802. View Decision Whether Department of Veterans Affairs Memorandum is a Rule Under the Congressional Review Act, B-291906, February 28, 2003 MACROBUTTON The Honorable Ted Strickland House of Representatives Dear Mr. Strickland: This is in response to your letter of January 2, 2003, requesting our opinion on whether a July 18, 2002, memorandum issued by the Department of Veterans Affairs (VA) to all VA Network Directors regarding the VA's marketing activities to enroll new veterans in the VA health care system is a "rule" under the Congressional Review Act (CRA). For the reasons discussed below, we conclude that under the CRA the VA memorandum is not a "rule" that needs to be submitted to Congress. Rules Subject to Congressional Review Chapter 8 of title 5, United States Code, entitled "Congressional Review of Agency Rulemaking," is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. The requirements of chapter 8 take precedence over any other provision of law. 5 U.S.C. 806(a). Section 801(a)(1) provides that before a rule becomes effective, the agency promulgating the rule must submit to each House of Congress and to the Comptroller General a report containing: "(i) a copy of the rule; "(ii) a concise general statement relating to the rule, including whether it is a major rule; and "(iii) the proposed effective date of the rule." On the date the report is submitted, the agency also must submit to the Comptroller General and make available to each House of Congress certain other documents, including a cost-benefit analysis, if any, and agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and the Unfunded Mandates Reform Act of 1995, 5 U.S.C. 202 et seq., and any other relevant information or requirements under any other legislation or any relevant executive orders. 5 U.S.C. 801(a)(1)(B)(i)-(iv). Once a rule is submitted in accordance with section 801(a)(1), special procedures for congressional consideration of a joint resolution of disapproval are available for a period of 60 session days in the Senate or 60 legislative days in the House. 5 U.S.C. 802. These time periods can be extended upon a congressional adjournment. 5 U.S.C. 801(d)(1). Section 804(3) provides that for purposes of chapter 8, with some exclusions, the term "rule" has the same meaning given the term in 5 U.S.C. 551(4), which defines rules subject to the Administrative Procedure Act (APA). The APA definition of a "rule" is as follows: "the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing...." Chapter 8 contains several exclusions from the APA definition of "rule": "(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; "(B) any rule relating to agency management or personnel; or "(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties." 5 U.S.C. 804(3). The VA Memorandum On July 18, 2002, the Deputy Under Secretary for Health for Operations and Management issued the following memorandum to the VA Network Directors: "1. As you are aware, VHA is currently facing a growing crisis related to the continued demand for healthcare services that exceeds our resources.