Education has not properly submitted this collection for OMB review. As per explicit direction from OMB, this collection should have been submitted as "existing without an OMB number" and not as a "new" collection. Additionally, ED should not have requested a two day review of this collection by OMB.
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6 Months From Approved
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This information is required of States in order for the Secretary of Education to carry out the Academic Competitiveness Grant (ACG) Program to implement provisions of the Higher Education Act of 1965(HEA), as amended by the Higher Education Reconciliation Act of 2005 HERA). The information will be used to determine whether the Secretary may recognize as rigorous, secondary school programs of study proposed by an individual State Educational Agency (SEA) or, if legally authorized by the State to establish a separate school program of study, a Local Educational Agency (LEA). Participation in a rigorous secondary school program of study may qualify a postsecondary student to receive an ACG, if otherwise eligible.
This memorandum requests emergency clearance of the Interim Final Regulations for the ACG and National SMART Grant Programs. In the Higher Education Reduction Act of of 2005, enacted on February 8, 2006, congress appropriated $790 million for the Department to use in awarding ACG and National SMART Grants to students for the 2006-2007 award year, which began July 1, 2006. This submission was received by OMB June 30, 2006 and this is the requested re submission. The Departemtn therefore had a very short, less-than-five-month window to issue regulations, plan the administration of these programs, and begin the process of making awards for the 2006-2007 award year. Even on an extremely expedited timeline, the Department could not feasably conduct a regular information clearnace on these program regulations.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.