Measuring Gainful Employment in Recognized Occupation: Student Assistance General Provisions Subpart A - General

Forms and Documents

Document Name	Status
Gainful Employment SUPPSTATE OMB 1845 NEW4 07 19 10 (2).doc Supporting Statement A	2010-07-26
Gainful Employment OMB1845 NEW4 07 15 10 (2).xls Supplementary Document	2010-07-26

IC Document Collections

IC ID	Document Title	Status
193918	Gainful Employment -- State and Local	New
193917	Gainful Employment -- Private Sector	New

ICR Details

OMB Control No: 1845-0109	ICR Reference No: 201007-1845-010
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: ED/FSA	Agency Tracking No: 4368
Title: Measuring Gainful Employment in Recognized Occupation: Student Assistance General Provisions Subpart A - General
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 09/16/2010
	Date Received in OIRA: 07/26/2010
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor aninformation collection under the Paperwork Reduction Act of1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection,reference the OMB Control Number provided. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. The next submission to OMB must include the draftfinal rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The proposed regulations apply to institutions with programs that train students to be gainfully employed in a recognized occupation (34 CFR 668.8(c)(3) and (d)). The proposed regulations would require institutions to report the CIP codes for all attendees whose FFEL or Direct Loan entered repayment during the four prior Federal fiscal years. Thereafter, institutions would report the CIP code information annually. To the extent that the Department can determine average annual earnings for students who graduated in the prior three year period, the institution would be required to report on completers, their CIP code, their program completion date, the amount of private educational loans they obtained, and the amount of any institutionally provided financing . On or after July 1, 2012, unless the gainful employment program has a loan repayment rate of at least 45 percent and an annual loan payment amount that is at least 20 percent of discretionary income or 8 percent of average annual income, the Department would notify the institution that it must provide a debt warning disclosure on its Web site and in its promotional and enrollment materials for all currently enrolled and prospective students. When the Department places a gainful employment program on restricted status, the institution must annually provide employer affirmations confirming that the curriculum aligns with the employer's recognized occupations at that employer's business, as well as, disclosing the debt warnings. During and limited to the award year beginning July 1, 2012, when an institution is notified by the Department that a gainful employment program is ineligible, 5 percent of the programs with the lowest loan repayment rate would no longer be eligible to provide Title IV, HEA program assistance to new students in that program. For the remaining ineligible programs, the institution would be required to report to the Department unaffiliated employer affirmations that the curriculum aligns with the recognized occupations at that employer's business and provide debt warning disclosures on the institution's Web site and to current and prospective students. Finally, under these proposed regulations, before an affected institution may offer additional programs that prepare students for gainful employment in a recognized occupation, the institution would submit additional information to the Department for approval. That additional information would include approval notice by the institution's accreditor when the additional program constitutes a substantial change. The institution would provide enrollment projections for the upcoming 5 year period and provide documentation from unaffiliated employers affirming that the curriculum of the additional program aligns with the recognized occupations at the employer's business. The affirmations must include the number and location of the employer's businesses, as well as, projected job vacancies commensurate with the anticipated size of the additional program.

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Authorizing Statute(s): US Code: 20 USC 1001(b), 1002(b)(c) Name of Law: HEOA as Amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AD04	Proposed rulemaking	75 FR 43619	07/26/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Gainful Employment -- Private Sector
Gainful Employment -- State and Local

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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: The burden increase associated with the proposed regulations is as a result of the proposed reporting and disclosure requirements for institutions that prepare students in programs that lead to gainful employment in a recognized occupation.

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Annual Cost to Federal Government:

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]? No

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)? No

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: 07/26/2010

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