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B-333295 May 28, 2021 1 (2021-05-28)

handle is hein.gao/gaolvs0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.
Washington, DC 20548
B-333295
May 28, 2021
The Honorable Ron Wyden
Chairman
The Honorable
Ranking Member Mike Crapo
Committee on Finance
United States Senate
The Honorable Maxine Waters
Chairwoman
The Honorable Patrick McHenry
Ranking Member
Committee on Financial Services
House of Representatives
Subject: Department of the Treasury: Coronavirus State and Local Fiscal Recovery Funds
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 the Treasury (Treasury) entitled Coronavirus State and
Local Fiscal Recovery Funds (RIN: 1505-AC77). We received the rule on May 15, 2021. It
was published in the Federal Register as an interim final rule (IFR) on May 17, 2021. 86 Fed.
Reg. 26786. The effective date is May 17, 2021.
According to Treasury, it is issuing this IFR to implement the Coronavirus State Fiscal Recovery
Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue
Plan Act of 2021 (ARPA). Pub. L. No. 117-2, § 9901, 135 Stat 4, 223 (Mar. 11, 2021),
42 U.S.C. 802 et seq. Treasury stated that section 9901 of ARPA amended title VI of the Social
Security Act to add section 602, which establishes the Coronavirus State Fiscal Recovery Fund,
and section 603, which establishes the Coronavirus Local Fiscal Recovery Fund (together, the
Fiscal Recovery Funds). See generally 42 U.S.C. 801 et seq. Treasury also stated that the
Fiscal Recovery Funds are intended to provide support to state, local, and tribal governments
(together, recipients) in responding to the impact of coronavirus disease 2019 (COVID-19) and
in their efforts to contain COVID-19 on their communities, residents, and businesses. Treasury
stated further that the Fiscal Recovery Funds build on and expand the support provided to these
governments over the last year, including through the Coronavirus Relief Fund.
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, Treasury stated that notice
and comment procedures are unnecessary for this IFR and the agency found good cause to
waive such procedures under section 553(b)(3)(B) of the Administrative Procedure Act.

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