Eligibility To Receive Emergency Financial Aid Grants to Students Under the Higher Education Emergency Relief Programs

B-333310

June 4, 2021

The Honorable Patty Murray
chair
The Honorable Richard Burr
Ranking member
Committee on Health, Education, Labor and Pensions
United States Senate

The Honorable Robert C. “Bobby” Scott
Chairperson
The Honorable Virginia Foxx
Ranking member
Education and Labor Committee
House of Representatives

Subject: Ministry of Education: Eligibility to receive emergency financial aid grants for students under university emergency programs

Pursuant to Section 801 (a) (2) (A) of Title 5, United States Code, this is our report on an important rule issued by the Department of Education entitled, Eligibility to Receive Emergency Financial Aid Grants to Students Under “the emergency aid programs for universities” (RIN: 1840-AD62) was published. We received the regulation on May 24, 2021. It was published in the Federal Register on May 14, 2021 as the final ordinance. Registration number. 26608. The Effective Date is May 14, 2021.

According to education, the final regulation changes previous educational regulations so that a university (IHE) can appropriately determine which people who are currently or previously enrolled at an institution are included in the University Emergency Aid (HEERF) programs, as they were originally in the context of the Coronavirus Aid, Relief and Economic Security (CARES) Act, Pub. L. No. 116-136, 134 Stat. 281 (March 27, 2020). Education states that the final rule defines “ Student ”, as used in the HEERF programs, as any person who will work on or after March 13, 2020, the date of the Declaration of National Emergency in relation to a Is enrolled in an eligible institution or has had novel coronavirus disease.

The Congressional Review Act (CRA) requires a 60-day delay in the entry into force of an important rule from the date it is published in the federal register or received by Congress, whichever is later. 5 USC § 801 (a) (3) (A). However, the 60-day delay of entry into force can be omitted if the agency determines for good cause that the delay is impracticable, unnecessary or contrary to the public interest, and the agency includes a description of the findings and their reasons as a rule problematic. 5 USC §§ 553 (b) (3) (B), 808 (2). Education explains that given the current economic challenges many students are facing due to the COVID-19 crisis, the 60-day delay would be against the public interest. Education advises that the final rule will allow institutions to distribute emergency funds to all eligible students in an expedient manner to serve the public interest in question, which describes education as an urgent need due to the national pandemic.

Attached is our assessment of Education’s compliance with the procedural steps required under Section 801 (a) (1) (B) (i) through (iv) of Title 5 in relation to the Rule. If you have any questions about this report or would like to speak to any GAO officer responsible for evaluating the subject matter of the regulation, please contact Shari Brewster, Assistant General Counsel at (202) 512-6398.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: Amanda Amann
Deputy Deputy General Counsel
Regulatory Services Department
Ministry of Education

ENCLOSURE

5 USC SECTION 801 (a) (2) (A) REPORT ON AN IMPORTANT RULE
PUBLISHED BY
EDUCATION DEPARTMENT
ENTITLED
“ELIGIBILITY TO RECEIVE FINANCIAL AID FOR EMERGENCY AID”
TO HIGHER EDUCATION STUDENTS
EMERGENCY AID PROGRAMS “
(RIN: 1840-AD62)

(i) cost-benefit analysis

The Ministry of Education (Education) conducted an economic analysis of the final rule. Education estimates that the total cost for students to apply for grants under the rule will be $ 22.4 million at a wage rate of $ 17.50, and the total cost for institutions will be $ 1,203,622 at a wage rate of 46 .87 USD. Education estimated total Coronavirus Aid, Relief and Economic Security (CARES) Act Higher Education Emergency Relief Fund (a) (1) allocations at $ 12,507,254,503; Total Coronavirus Response and Relief Supplemental Appropriations Act (a) (1) and (a) (4) allocations of $ 21,199,216,249; and American Rescue Plan Act (a) (1) and (a) (4) total allocations of $ 36,417,804,400. Education also included an estimate of transfers flowing from the federal government to eligible students that are handled through institutions. As an unquantified benefit, Education indicated that support can help students continue their programs.

(ii) Agency actions that are applicable to the Regulatory Flexibility Act (RFA), 5 USC Sections 603-605, 607 and 609. are relevant

Education has certified that this definitive rule will not have a significant negative economic impact on a significant number of small businesses.

(iii) Agency actions related to Sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 USC Sections 1532-1535

In its submission to us, Education indicated that preparing an analysis of the measures relevant to the law is not applicable in this final rule.

(iv) Other relevant information or requirements under laws and implementing regulations

Administrative Procedure Act, 5 USC §§ 551 ff.

Education found good reason to forego the provisions of the Administrative Procedure Act, 5 USC Section 553 (b) (B). Education stated that the pressing economic challenges faced by many students as a result of the ongoing COVID-19 crisis are against the public interest of education to implement normal communication and commentary procedures.

Paperwork Reduction Act (PRA), 44 USC sections 3501-3520

Education has determined that this final rule contains information collection requirements (ICRs) under the law. The estimated total workload for the ICRs is 25,680 hours for the funding recipients and 1,280,908 hours for the students receiving funding. Education received emergency approval for the ICRs under OMB control number 1840-0857.

Legal approval for the rule

Education has promulgated this last rule under Sections 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221-3, 1221e-3, 1231a, and 3474 of Title 20, United States Code; as well as § 314 Public Law 116-260; § 18004 of Public Law 116-136; and Section 2003 of Public Law 117-2.

Executive Order No. 12866 (Regulatory Planning and Review)

Education determined that this final rule was economically significant against the $ 100 million threshold in the regulation and submitted it to OMB for review.

Implementing Regulation No. 13132 (Federalism)

Education stated that the tentative final ruling asked for comments on whether the ruling might affect federalism and encouraged state and local government elected officials to review and make comments. Education stated that it discussed any comments on this final rule.

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