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B-334767 Nov 15, 2022 1 (2022-11-15)

handle is hein.gao/gaonxn0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-334767 November 15, 2022 The Honorable Patty Murray Chairwoman The Honorable Richard Burr Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Education: Pell Grants for Prison Education Programs; Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10); Change in Ownership and Change in Control 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 (ED) entitled Pell Grants for Prison Education Programs; Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10); Change in Ownership and Change in Control (RINs: 1840-AD54, 1840-AD55, 1840-AD66, 1840-AD69). We received the rule on November 3, 2022. It was published in the Federal Register as final regulations on October 28, 2022. 87 Fed. Reg. 65426. The effective date is July 1, 2023. ED states that the final rule amends regulations on the Federal Pell Grant program (Pell Grants), regulations on Title IV Revenue and Non-Federal Education Assistance Funds (the 90/10 Rule), and regulations on the process for consideration of changes in ownership and control (CIO). First, ED states that the rule amends regulations for Pell Grants for prison education programs (PEPs) to establish eligibility for certain confined or incarcerated individuals consistent with the Consolidated Appropriations Act, 2021, Pub L. No. 116-230, 134 Stat. 1182 (Dec. 27, 2020). Second, ED states that the rule amends 90/10 Rule regulations to implement a statutory change in the American Rescue Plan Act of 2021, Pub L. No. 117-2, 135 Stat. 4 (Mar. 11, 2021), including by amending which non-federal funds can be counted when determining compliance with the 90/10 Rule. Finally, ED states that the rule amends regulations to clarify the process for CIO, to promote compliance with the Higher Education Act of 1965, as amended, Pub. L. No. 89-329, 79 Stat. 1219 (Nov. 8, 1965), and related regulations, and to reduce risk for entities contemplating or undergoing such changes. Enclosed is our assessment of ED'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

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