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GAO-13-850R 1 (2013-09-06)

handle is hein.gao/gaobadptf0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-325119 September 6, 2013 The Honorable Tom Harkin Chairman The Honorable Lamar Alexander Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable John Kline Chairman The Honorable George Miller Ranking Member Committee on Education and the Workforce House of Representatives Subject: Department of Education: Federal Pell Grant 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 entitled Federal Pell Grant Program (RIN: 1840- AD11). We received the rule on August 22, 2013. It was published in the Federal Register as a final rule on July 2, 2013. 78 Fed. Reg. 39,613. The final rule implements provisions of the Higher Education Act of 1965 (HEA), as amended by the Department of Defense and Full-Year Continuing Appropriations Act, 2011. The Secretary adopts as final, without change, the interim final rule published on May 2, 2012, that amended regulations for the Federal Pell Grant program, to prohibit a student from receiving two consecutive Federal Pell Grants in a single award year. The final rule has an effective date of July 2, 2013. The Congressional Review Act 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). However, notwithstanding the 60-day delay requirement, any rule that an agency for good cause finds that notice and public procedures are impractical, unnecessary, or contrary to the public interest is to take effect when the promulgating agency so determines. §§ 553(d)(3), 808(2). Accordingly, in the final rule and as stated in detail in the interim final rule, Education notes that because these final regulations merely reflect statutory changes and remove obsolete regulatory provisions and, in the case of § 690.64, protect students from receiving reduced amounts of Pell Grant funds, there is good cause for making the final rule effective on the day it was published. GAO-13-850R

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