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GAO-10-641R 1 (2010-04-22)

handle is hein.gao/gaobadxar0001 and id is 1 raw text is: im T I M Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-319576 April 22, 2010 The Honorable Tom Harkin Chairman The Honorable Michael B. Enzi Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable George Miller Chairman The Honorable John Kline Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Education: Race to the Top Fund 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 Race to the Top Fund (RIN: 1810-AB 10). We received the rule on April 8, 2010. It was published in the Federal Register as interim final requirements; request for comments on April 2, 2010. 75 Fed. Reg. 16,668. The interim final rule with request for comments amends the final Race to the Top Fund requirements to establish the suggested budget ranges as mandatory funding limits for Phase 2 of the competition. The rule was effective April 2, 2010, and comments must be received by May 3, 2010. The Congressional Review Act (CRA) generally 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, any rule which an agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest shall take effect at such time as the agency promulgating the rule determines. 5 U.S.C. 808(2). Education found good cause to waive the Administrative Procedure Act's (APA) notice-and-comment rulemaking and delay in effective date requirements due to the short time-frame remaining for obligating funds from the Race to the Top Fund, and this also serves as good cause under the CRA. GAO-10-641R

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