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B-333809 Dec 13, 2021 1 (2021-12-13)

handle is hein.gao/gaomnz0001 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-333809 December 13, 2021 The Honorable Patty Murray Chairwoman 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 Health and Human Services, Administration for Children and Families: Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start 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 Health and Human Services, Administration for Children and Families (ACF) entitled Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs (RIN: 0970-AC90). We received the rule on December 1, 2021. It was published in the Federal Register as an interim final rule with comment period (IFC) on November 30, 2021. 86 Fed. Reg. 68052. The effective date is November 30, 2021. According to ACF, this IFC adds new provisions to the Head Start Program Performance Standards to mitigate the spread of the coronavirus disease 2019 (COVID-19) in Head Start programs. See generally 45 C.F.R. 1301-1305 (Head Start Program Performance Standards regulations). ACF stated that this IFC, effective upon publication, requires universal masking for all individuals two years of age and older, with some noted exceptions, and all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children to be vaccinated for COVID-19 by January 31, 2022. 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, ACF stated that it found good cause to waive notice and comment procedures and the delay in effective date requirement. ACF asserts that a combination of factors, including but not limited to failure to achieve sufficiently high levels of vaccination based on voluntary efforts and patchwork

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