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B-335598 Sep 28, 2023 1 (2023-09-28)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335598


September  28, 2023

The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate

The Honorable Patrick McHenry
Chairman
The Honorable Maxine Waters
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-AC81). We received the rule on September 20,
2023. It was published in the Federal Register as an interim final rule on September 20, 2023.
88 Fed. Reg. 64986. The stated effective date is September 20, 2023.

Treasury states that the interim final rule implements the amendments made by the
Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, 136 Stat. 4459 (Dec. 29, 2022),
with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal
Recovery Fund established under the American Rescue Plan Act of 2021, Pub. L. No. 117-2,
135 Stat. 4 (Mar. 11, 2021).

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. § 808(2). In this instance, Treasury stated that a 60-day
delay would be impracticable and contrary to the public interest because the interim final rule
concerns funding for emergency-relief purposes.

Enclosed is our assessment of Treasury'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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