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B-331654 1 (2019-12-11)

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       GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548


B-331654


December  11, 2019

The Honorable Lamar  Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable Bobby  Scott
Chairman
The Honorable Virginia Foxx
Ranking Member
Committee  on Education and Labor
House  of Representatives

Subject: Department of Education: Final Priority for Discretionary 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 (Department) entitled Final Priority for
Discretionary Grant Programs (RIN: 1875-AA12). We received the rule on December 2, 2019.
It was published in the Federal Register as final priority on November 27, 2019. 84 Fed. Reg.
65300.  The effective date of the rule is December 27, 2019.

This rule was published as a final priority. It announces the Department's policy of prioritizing
grants that support alignment between the Department's discretionary grant investments and
the Opportunity Zones initiative. This final priority applies to the Department's discretionary
grant programs. Under this priority an applicant must demonstrate one or more of the following:
(1) the area in which the applicant proposes to provide services overlaps with a Qualified
Opportunity Zone; (2) the applicant is located in a Qualified Opportunity Zone; or (3) the
applicant has received, or will receive by a date specified by the Department, an investment,
including access to real property, from a Qualified Opportunity Fund.

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). The House of Representatives received the final
priority on November 22, 2019. 165 Cong. Rec. H9219 (daily ed. Dec. 3, 2019). The final
priority was published in the Federal Register on November 27, 2019. 84 Fed. Reg. 65300.
The Senate received the final priority on November 27, 2019. 165 Cong. Rec. S6822 (daily ed.
Dec. 3, 2019). The final priority has a stated effective date of December 27, 2019. Therefore
the final priority does not have the required 60-day delay in its effective date.

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