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GAO-17-410R 1 (2017-02-09)

handle is hein.gao/gaobadtcl0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-328794 February 9, 2017 The Honorable Lamar Alexander Chairman The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Virginia Foxx Chairwoman The Honorable Bobby Scott Ranking Member Committee on Education and the Workforce House of Representatives Subject: Department of Education: Open Licensing Requirement for Competitive Grant Programs 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 Open Licensing Requirement for Competitive Grant Programs (RIN: 1894-AA07). We received the rule on January 25, 2017. It was published in the Federal Register as final regulations on January 19, 2017, with an effective date of March 20, 2017. 82 Fed. Reg. 7376. The final regulations amend the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in order to require, subject to certain categorical exceptions and case-by-case exceptions, that Education grantees awarded competitive grant funds openly license to the public copyrightable grant deliverables created with Education grant funds. 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). This final rule was published in the Federal Register on January 19, 2017. 82 Fed. Reg. 7376. It was received on January 25, 2017, and has an effective date of March 20, 2017. Therefore, the final rule does not have the required 60-day delay in its effective date. Enclosed is our assessment of Education's compliance with the procedural steps, other than the 60-day delay in effective date, required by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. With regard to the Regulatory Flexibility Act, Education indicated that it had certified that these final regulations would not have a significant economic impact on a substantial number of small entities in its submission to us but did not otherwise explicitly state this certification or discuss the Regulatory Flexibility Act in the final regulations themselves. GAO-17-41 OR

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