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B-333378 Jul 01, 2021 1 (2021-07-01)

handle is hein.gao/gaombl0001 and id is 1 raw text is: m1O    o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.
Washington, DC 20548
B-333378
July 1, 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: Repeal of the William D. Ford Federal Direct Loan Program
Subsidized Usage Limit Restriction
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 Repeal of the William D.
Ford Federal Direct Loan Program Subsidized Usage Limit Restriction (RIN: 1840-AD60). We
received the rule on June 17, 2021. It was published in the Federal Register as final regulations
on June 14, 2021. 86 Fed. Reg. 31432. The effective date is August 13, 2021.
According to the Department, the Secretary of Education, through this action, removed and
amended regulations to conform with changes made by the Consolidated Appropriations Act,
2021. See generally Pub. L. No. 116-260, 134 Stat. 1182 (Dec. 27, 2020). The Department
stated that the Secretary removed the subsidized usage loan limit restriction (SULA) for any
borrower who receives a Federal Direct Stafford Subsidized Loan first disbursed on or after
July 1, 2021, regardless of the award year associated with the loan. The Department also
stated that all subsidy benefits will be reinstated retroactively to the date on which the loss of
subsidy was applied for all Federal Direct Stafford Subsidized Loans with an outstanding
balance on July 1, 2021, and for all award years since the 2013-2014 award year. Lastly, the
Department stated further that the Secretary also removed regulations related to SULA and
made other technical changes.
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. § 808(2). Here, although the Department did not
specifically mention CRA's 60-day delay in effective date requirement, the Department stated

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