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B-333310 Jun 04, 2021 1 (2021-06-04)

handle is hein.gao/gaolvv0001 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-333310
June 4, 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
Ranking Member
Committee on Education and Labor
House of Representatives
Subject: Department of Education: Eligibility To Receive Emergency Financial Aid Grants to
Students Under the Higher Education Emergency Relief 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 Eligibility To Receive
Emergency Financial Aid Grants to Students Under the Higher Education Emergency Relief
Programs (RIN: 1840-AD62). We received the rule on May 24, 2021. It was published in the
Federal Register as final regulations on May 14, 2021. 86 Fed. Reg. 26608. The effective date
is May 14, 2021.
According to Education, the final rule amends prior Education regulations so that an institution
of higher education (IHE) may appropriately determine which individuals currently or previously
enrolled at an institution are eligible to receive emergency financial aid grants to students under
the Higher Education Emergency Relief (HEERF) programs, as originally enacted under the
Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, 134 Stat.
281 (March 27, 2020). Education states that the final rule defines student, as used in the
HEERF programs, as any individual who is or was enrolled at an eligible institution on or after
March 13, 2020, the date of declaration of the national emergency concerning the novel
coronavirus disease.
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 delay is 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). Education states that in light of
the current economic challenges facing many students as a result of the COVID-19 crisis, the
60-day delay would be contrary to the public interest. Education indicates that the final rule will
enable institutions to distribute emergency funds to all eligible students in an expedient manner,

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