N002680
B-289586
January 4, 2002
The Honorable Patrick J. Leahy
Chairman
The Honorable Orrin G. Hatch
Ranking Minority Member
Committee on the Judiciary
United States Senate
The Honorable F. James Sensenbrenner
Chairman
The Honorable John Conyers
Ranking Minority Member
Committee on the Judiciary
House of Representatives
Subject:: Department of Justice, Office of the Attorney General, September 11th
Victim Compensation Fund of 2001
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 (DOJ), Office of the Attorney General
entitled "September 11th Victim Compensation Fund of 2001" (RIN:1105-AA79). We
received the rule on December 21, 2001. It was published in the Federal Register as an
"interim final rule with request for comments" on December 21, 2001. 66 Fed. Reg.
66274.
The interim final rule contains certain procedural rules for the administration of the
September 11th Victim Compensation Fund of 2001 that allow the Special Master to
commence operation of the fund and disbursement of payments as soon as practicable.
Enclosed is our assessment of the DOJ's compliance with the procedural steps required
by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review
indicates that the DOJ complied with applicable requirements.
If you have any questions about this report, please contact James W. Vickers, Assistant
General Counsel, at . The official responsible for GAO evaluation work
relating to the subject matter of the rule is Norman Rabkin, Managing Director, Tax
Administration and Justice. Mr. Rabkin can be reached at .
COMMENT BY:
Kathleen E. Wannisky
Managing Associate General Counsel
Enclosure:
ANALYSIS UNDER 5 U.S.C. 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
ENTITLED
"SEPTEMBER 11th VICTIM COMPENSATION FUND OF 2001"
(RIN: 1105-AA79)
(i) Cost-benefit analysis
The Department of Justice did not perform a cost-benefit analysis of the interim final rule.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. 603-605, 607,
and 609
DOJ has certified that the interim final rule will not have a significant economic impact on a
substantial number of small entities. The rule provides compensation for individuals, not
entities.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1532-1535
The interim final rule does not contain either an intergovernmental or private sector
mandate, as defined in title II, of more than $100 million in any one year.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. 551 et seq.
Since the Congress set a 90-day deadline for the issuance of this rule, DOJ found "good
cause" under 5 U.S.C. 553(a)(2) to forgo the issuance of a proposed rule and the
solicitation of comments as impracticable. Likewise, "good cause" was found under 5
U.S.C. 553(d) to have the rule effective upon publication rather than the normal 30-day
delay.
However, DOJ did publish a Notice of Inquiry on November 5, 2001, in the Federal
Register. 66 Fed. Reg. 55901. In response to this notice, DOJ received over 800
comments that are discussed in a appendix to the interim final rule. In addition, comments
on the interim final rule submitted by January 22, 2002 will be considered.
Paperwork Reduction Act, 44 U.S.C. 3501-3520
The interim final rule contains an information collection that is subject to review by the
Office of Management and Budget under the Paperwork Reduction Act. The preamble to
the interim final rule contains the information required under the Act. DOJ estimates that
the "Registration/Eligibility Form and Application for Emergency Benefits from the Victim
Compensation Fund" will have an estimated 5,000 claimants with an average burden of
6.0 hours per response or a total burden of 30,000 hours.
The collection has been approved on a emergency basis for 180 days and DOJ is
soliciting comments on the collection for the regular review process.
Statutory authorization for the rule.
The interim final rule is promulgated pursuant to the authority contained in the September
11th Victim Compensation Fund of 2001, Title IV of Public Law 107-42, 115 Stat. 230 (Air
Transportation Safety and System Stabilization Act).
Executive Order No. 12866
The interim final rule was reviewed by the Office of Management and Budget and found to
be a "significant regulatory action" under the order.
Executive Order No. 13132 (Federalism)
The interim final rule does not have sufficient federalism implications to warrant the
preparation of a federalism assessment.