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B-333497 Aug 19, 2021 1 (2021-08-19)

handle is hein.gao/gaomcs0001 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-333497 August 19, 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: Final Requirements; American Rescue Plan Act Homeless Children and Youth Program 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 Requirements; American Rescue Plan Act Homeless Children and Youth Program (RIN: 1801-AA24). We received this final rule on August 9, 2021. It was published in the Federal Register as final requirements on July 9, 2021. 86 Fed. Reg. 36222. The effective date is July 9, 2021. According to the Department, this final rule provides requirements for the Homeless Children and Youth program (ARP-HCY), under section 2001(b)(1) of The American Rescue Plan Act of 2021. See generally Pub. L. No. 117-2, 135 Stat. 4 (Mar. 11, 2021). The Department stated that these requirements are intended to clarify program requirements and streamline and clarify the process for state educational agencies (SEA) to award subgrants to local educational agencies (LEA). 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). Here, although the Department did not specifically mention CRA's 60-day delay in effective date requirement, it stated that there is good cause to waive notice and comment rulemaking and a delayed effective date under the Administrative Procedure Act, 5 U.S.C. §§ 553(b)(3)(B), (d)(3). In particular, the Department stated that it waived these requirements due to the urgent needs of children and youth experiencing homelessness in light of the national pandemic, because going through the full rulemaking process would delay the awarding of ARP-HCY grants to SEAs and LEAs.

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