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GAO-12-960R 1 (2012-07-27)

handle is hein.gao/gaobadoxw0001 and id is 1 raw text is: 



          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-323730


          July 27, 2012

          The Honorable Tom Harkin
          Chairman
          The Honorable Michael B. Enzi
          Ranking Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable John Kline
          Chairman
          The Honorable George Miller
          Ranking Member
          Committee on Education and the Workforce
          House of Representatives

          Subject: Department of Education: Federal Pell Grant Program

          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 Education (Education), entitled
          Federal Pell Grant Program (RIN: 1840-AD11). We received the rule on July 13,
          2012. It was published in the Federal Register as an interim final rule; request for
          comments on May 2, 2012. 77 Fed. Reg. 25,893.

          The interim final rule amends sections of the Federal Pell Grant Program regulations
          to make them consistent with recent changes in the law that prohibit a student from
          receiving two consecutive Pell Grants in a single award year.

          The interim final rule is effective on May 2, 2012. 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). However, notwithstanding the 60-day delay
          requirement, any rule that an agency for good cause finds that notice and public
          procedures are impractical, unnecessary, or contrary to the public interest is to take
          effect when the promulgating agency so determines. §§ 553(d)(3), 808(2).
          Accordingly, Education believes it has good cause to make the interim final rule
          effective on publication because it merely reflects statutory changes and removes


GAO-12-960R

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