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B-334521 Aug 23, 2022 1 (2022-08-23)

handle is hein.gao/gaonnc0001 and id is 1 raw text is: G  e      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-334521
August 23, 2022
The Honorable Debbie Stabenow
Chairwoman
The Honorable John Boozman
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate
The Honorable David Scott
Chairman
The Honorable Glenn Thompson
Ranking Member
Committee on Agriculture
House of Representatives
Subject: Department of Agriculture, Rural Utilities Service: Rural eConnectivity 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 Agriculture, Rural Utilities Service (USDA) entitled Rural
eConnectivity Program (RUS-22-Telecom-0010). We received the rule on August 9, 2022.
It was published in the Federal Register as a funding opportunity announcement (FOA) on
August 4, 2022. 87 Fed. Reg. 47690. In its submission to us, USDA stated the effective date is
October 3, 2022.
According to USDA, the FOA announces that it is accepting applications for the second funding
round in fiscal year 2022 for the Rural eConnectivity Program, utilizing funding provided under
the Infrastructure and Investment Jobs Act, Pub. L. No. 117-58, 135 Stat. 429 (Nov. 15, 2021).
USDA stated this FOA defines requirements that are determined at the time a funding
announcement is published.
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). Here, the FOA was published in the Federal
Register on August 4, 2022. 87 Fed. Reg. 47690. USDA provided documentation that reflected
receipt by the House and Senate on August 9, 2022. Email from Management Analyst, USDA,
to Senior Attorney, GAO, Subject: B-334521: FW: Congressional Review Report: Biofuel
Producer Program, Notice of Funding Opportunity (Aug. 16, 2022). It has an effective date of
October 3, 2022. Therefore, the rule does not have the required 60-day delay in its effective
date.
Enclosed is our assessment of USDA's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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