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GAO-03-655R 1 (2003-04-17)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-292160


          April 17, 2003

          The Honorable John McCain
          Chairman
          The Honorable Ernest F. Hollings
          Ranking Minority Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable Sherwood L. Boehlert
          Chairman
          The Honorable Ralph M. Hall
          Ranking Minority Member
          Committee on Science
          House of Representatives

          Subject: Department of Homeland Securit, Federal Emergency Management
                  Agency: Assistance to Firefighters 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 Homeland Security, Federal
          Emergency Management Agency (FEMA), entitled Assistance to Firefighters Grant
          Program (RIN: 3067-AD2 1). We received the rule on April 7, 2003. It was published
          in the Federal Register as a final rule on March 14, 2003. 68 Fed. Reg. 12544.

          The rule finalizes guidance announced in a prior interim final rule regarding the
          administration of grants made under the authority of the Federal Fire Prevention and
          Control Act of 1974. The interim final rule was published in the Federal Register on
          February 27, 2002 (67 Fed. Reg. 9142) and was the subject of a major rule report
          issued on March 27, 2002 (GAO-02-535R).

          The final rule has an announced effective date of March 14, 2003, the date of
          publication in the Federal Register. The Congressional Review Act 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).
          Therefore, the rule does not have the required delay in its effective date.

          While the interim final rule was made effective upon publication, FEMA cited the
          good cause exception to the 60-day delay provision found at 5 U.S.C. 808(2) that


GAO-03-655R

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