About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-333274 May 20, 2021 1 (2021-05-20)

handle is hein.gao/gaoltn0001 and id is 1 raw text is: `1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333274 May 20, 2021 The Honorable Patty Murray Chair The Honorable Richard Burr Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Robert C. Bobby Scott Chairman The Honorable Virginia Foxx Republican Leader Committee on Education and Labor House of Representatives Subject: Department of Education: American Rescue Plan Act Elementary and Secondary School Emergency Relief 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 (Department) entitled American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (RIN: 1810-AB64). We received the rule on May 6, 2021. It was published in the Federal Register as interim final requirements on April 22, 2021. 86 Fed. Reg. 21195. The effective date is April 22, 2021. According to the Department, this action establishes interim final requirements for the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) Fund, under section 2001 of the American Rescue Plan Act of 2021. See generally Pub. L. No. 117-2, 135 Stat. 4 (March 11, 2021). The Department stated that these requirements are intended to promote accountability, transparency, and the effective use of funds by: ensuring that each state educational agency (SEA) meaningfully engages in stakeholder consultation and takes public input into account in the development of its ARP ESSER plan; ensuring that each local educational agency (LEA) develops a plan for the use of its ARP ESSER funds and engages in meaningful consultation and seeks public input as it develops the LEA ARP ESSER plan; and clarifying how an LEA must meet the statutory requirement to develop a plan for the safe return to in-person instruction and continuity of services. 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 60-day delay in effective date can be waived, however, if the agency finds for good cause that a delay would be impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). Here, although the Department did not specifically mention CRA's 60-day delay in effective date requirement, the Department

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most