State Fiscal Stabilization Fund MOE Guidance

Forms and Documents

Document Name	Status
MOE Guidance Form and Instruction	New
Supporting Statement.doc Supporting Statement A	2009-04-21
Att_Emergency IC Memo signed v2.pdf Supplementary Document	2009-04-21

IC Document Collections

IC ID	Document Title	Status
188871	MOE Guidance Form and Instruction	New

ICR Details

OMB Control No: 1810-0691	ICR Reference No: 200904-1810-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: ED/OESE	Agency Tracking No: 4011
Title: State Fiscal Stabilization Fund MOE Guidance
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/01/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/01/2009
	Date Received in OIRA: 04/24/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2009	6 Months From Approved
Responses	10	0	0
Time Burden (Hours)	10	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This guidance supplements the April 2009 Guidance on the State Fiscal Stabilization Fund program and provides additional information on the statutory maintenance-of-effort (MOE) requirements and the process through which a State applies for an MOE waiver.

Emergency Justfication: Since the passage of ARRA, OESE staff have worked with ED’s Budget Service and the Office of General Counsel to develop a guidance that meets the intent and purposes of the Stabilization program. Using the regular clearance process would put ED well past the 120-day mark for awarding the Stabilization funds that are specified in the Act, which would clearly go against Congress’ intent. Not approving this emergency request would cause harm to many states and the students they serve and would delay ED’s ability to award the funds to some States in a timely manner.

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Authorizing Statute(s): PL: Pub.L. 115 - 5 123 Stat 115 Name of Law: Title XIV of Division A of the American Recovery and Reinvestment Act of 2009
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 5 123 Sta. 115 Name of Law: Title XIV of Division A of the American Recovery and Reinvestment Act of 2009

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 18702	04/24/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
MOE Guidance	N/A	N/A

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10	0	0	10	0	0
Annual Time Burden (Hours)	10	0	0	10	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection related to a new program that was authorized by American Recovery and Reinvestment Act of 2009 on February 17, 2009.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 04/24/2009

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