Deleting in 2026 the rules for a program that ended in 2019 — clearing dead text out of the code
The Department of Veterans Affairs issued a final rule removing regulations for a program replaced by another in 2019. Regulations do not disappear when a program ends, so a separate rulemaking is needed to delete them.
Document overview (primary data)
- Document typeRule
- AgencyDepartment of Veterans Affairs
- Citation91 FR 47141
Key points
- The Department of Veterans Affairs removed regulations for a programme replaced by another as of June 6, 2019.
- The programmes changed over in 2019 and the regulations were removed in 2026, roughly seven years apart.
- Regulations do not disappear when a programme ends; a separate rulemaking is required to delete them.
- Inoperative provisions change nothing in practice but make it harder for readers to tell what the current regime is.
- Both the old and new programmes exist to let veterans receive care at community providers.
1A programme ends; the text remains
When a statute changes and one programme replaces another, what becomes of the regulations that implemented the old one? They do not vanish. Provisions that no longer operate simply stay in the code, and removing them takes a fresh rulemaking.
- 12014A statute establishes a new authority for providing care in the community
- 2Regulations issuedThe department implements that authority in regulation
- 32018Another statute amends the underlying section and creates a new programme
- 4June 6, 2019The new programme becomes the primary authority, replacing the old one
- 5July 2026 (this rule)The regulations written for the old programme are removed
The programmes changed over in 2019 and the regulations came out in 2026 — roughly seven years in which provisions no longer used sat in the code.
2Why it is left
Removing inoperative text requires a rulemaking, while removing it changes nothing in practice. Such work rises slowly up any list of priorities. This site also covers rulemakings that remain on a regulatory agenda for over a decade, showing that anything requiring the rulemaking procedure takes time regardless of how badly it is needed.
3What leaving it costs
The problem lies not in operation but in reading. Anyone may consult the code, yet which provisions actually have force cannot be told from the text alone. The more disused provisions accumulate, the harder it becomes to understand a regime accurately. That is what makes the clearing worthwhile.
4What changed in name
Both programmes exist to let veterans receive care at community providers rather than department facilities. The underlying section was amended and the name and requirements changed. This site covers several instances of federal agencies clearing out old regulations, showing that maintaining the code is itself continuous work.
Why it matters
A code that only accumulates becomes unreadable, so the act of deletion carries value in itself. That inoperative provisions can persist for years is worth bearing in mind when consulting the text.
FAQ
Why do inoperative provisions remain?
What is the problem with leaving them?
Sources (primary)
Source: Federal Register (federal documents, public domain). Links go to the official site.