LegiStorm

Summary:
Highlights

GAO reviewed the Department of Agriculture, Rural Utilities Service's (USDA) new rule entitled "Rural eConnectivity Program." GAO found that the rule defines requirements that are determined at the time a funding announcement is published.Enclosed is our assessment of USDA'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 the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.





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B-334521

August 23, 2022

The Honorable Debbie Stabenow
Chairwoman
The Honorable John Boozman
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable David Scott
Chairman
The Honorable Glenn Thompson
Ranking Member
Committee on Agriculture
House of Representatives

Subject: Department of Agriculture, Rural Utilities Service: Rural eConnectivity 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 Agriculture, Rural Utilities Service (USDA) entitled ?Rural eConnectivity Program? (RUS-22-Telecom-0010). We received the rule on August 9, 2022. It was published in the Federal Register as a funding opportunity announcement (FOA) on August 4, 2022. 87 Fed. Reg. 47690. In its submission to us, USDA stated the effective date is October 3, 2022.

According to USDA, the FOA announces that it is accepting applications for the second funding round in fiscal year 2022 for the Rural eConnectivity Program, utilizing funding provided under the Infrastructure and Investment Jobs Act, Pub. L. No. 117-58, 135 Stat. 429 (Nov. 15, 2021). USDA stated this FOA defines requirements that are determined at the time a funding announcement is published.

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). Here, the FOA was published in the Federal Register on August 4, 2022. 87 Fed. Reg. 47690. USDA provided documentation that reflected receipt by the House and Senate on August 9, 2022. Email from Management Analyst, USDA, to Senior Attorney, GAO, Subject: B-334521: FW: Congressional Review Report: Biofuel Producer Program, Notice of Funding Opportunity (Aug. 16, 2022). It has an effective date of October 3, 2022. Therefore, the rule does not have the required 60-day delay in its effective date.

Enclosed is our assessment of USDA?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 the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.
Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: Michele Brooks
Director, Regulations Management Division
Rural Development Innovation Center
Department of Agriculture

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF AGRICULTURE,
RURAL UTILITIES SERVICE
ENTITLED
?RURAL ECONNECTIVITY PROGRAM?
(RUS-22-TELECOM-0010)

(i) Cost-benefit analysis

In its submission to us, the Department of Agriculture, Rural Utilities Service (USDA) indicated it considered preparation of an analysis of the costs and benefits of this FOA to be not applicable.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603?605, 607, and 609

In its submission to us, USDA indicated that the RFA is not applicable to this FOA.

(iii) Agency actions relevant to sections 202?205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532?1535

In its submission to us, USDA indicated that the Act is not applicable to this FOA.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

USDA stated the policies and procedures for this FOA are codified in section 1740 of title 7, Code of Federal Regulations, which was published as a final rule on February 26, 2021. 86 Fed. Reg. 11603.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501?3520

USDA determined that this FOA contains information collection requirements under the Act. USDA stated the requirement has been approved by the Office of Management and Budget (OMB) under OMB Control Number 0572-0152. USDA stated this FOA does not create any new information collection requirements nor does it change existing information collection requirements.

Statutory authorization for the rule

USDA promulgated this FOA pursuant to Public Law 115-141.

Executive Order No. 12866 (Regulatory Planning and Review)

In its submission to us, USDA indicated it considered the Order to be not applicable.

Executive Order No. 13132 (Federalism)

In its submission to us, USDA indicated it considered the Order to be not applicable.




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