Student Assistance General Provisions

Forms and Documents

Document Name	Status
1845-0022 v 8 Supporting Statement 10 21 10 (2).doc Supporting Statement A	2010-10-21
1845-0022 v 8 General Provisions Table 10 21 10.xls Supplementary Document	2010-10-21

IC Document Collections

IC ID	Document Title	Status
41403	Student Assistance General Provisions: Previous Burden	Modified
193273	Student Assistance: Foreign Public Sector 668.171 Team II	Modified
193272	Student Assistance: Private Sector	Modified
193271	Student Assistance: Individuals and Households	Modified
193270	Student Assistance: Public Sector	Modified
193269	668.8 Team I Clock to Credit Hour Conversions	Removed
189843	State, Local, Tribal Post Section 668 Other-Table	Removed
181406	Institutions Post-Withdrawal Disbursements Section 668 Other-Table	Removed

ICR Details

OMB Control No: 1845-0022	ICR Reference No: 201010-1845-002
Status: Historical Active	Previous ICR Reference No: 201005-1845-002
Agency/Subagency: ED/FSA	Agency Tracking No: 4423
Title: Student Assistance General Provisions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/09/2010
	Date Received in OIRA: 10/21/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2013	36 Months From Approved	10/31/2012
Responses	1,321,882	0	289,608
Time Burden (Hours)	2,137,060	0	1,305,770
Cost Burden (Dollars)	0	0	0

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Abstract: The proposed regulations establish the standards to participate in the student financial aid assistance programs authorized by Title IV of the Higher Education Act of 1965,(HEA),as amended. The proposed regulations assure the Secretary that the integrity of the programs are protected from fraud and misuse of program funds. These proposed regulations modify the standards of administrative capability and propose new requirements for institutional disclosures to enrolled students and prospective students on written arrangements entered into with other institutions who will not be granting the degree or certificate. These proposed regulations also expand disclosures to students and prospective students so those students have contact information in order to make complaints to the institution's accreditor, approval and licensing agencies. The proposed regulations consolidate the satisfactory academic progress standards in 34 CFR 668.34, therefore we are administratively transferring the attributable amount of burden that was in 34 CFR 668.16(e) to 34 CFR 668.34. The proposed regulations in 34 CFR 668.13 require that the period of participation for a private, for-profit foreign institution expires after three years rather than the six year period for a domestic institution. The proposed regulations in 34 CFR 668.171 require that in order for an institution to be considered financially responsible, the institution must notify the Secretary that it is designated as a public institution by the country or other governmental entity that has the legal authority to make that designation. That entity must confirm that the institution is a public institution and is backed by the full faith and credit of the governmental entity, as documented. This proposed regulation also includes a requirement that the foreign public institution must not be in violation of the past performance requirements in 34 CFR 668.174.

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Authorizing Statute(s): US Code: 20 USC 1001 et. seq. Name of Law: Higher Education Act 1965 as amended
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 315 103(a)(1) Name of Law: Higher Education Opportunity Act as Amended

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AD02	Final or interim final rulemaking	75 FR 66831	10/29/2010

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 34806	06/18/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 34806	06/18/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Student Assistance: Public Sector
Institutions Post-Withdrawal Disbursements Section 668
State, Local, Tribal Post Section 668
Student Assistance General Provisions: Previous Burden
Student Assistance: Private Sector
Student Assistance: Individuals and Households
Student Assistance: Foreign Public Sector 668.171 Team II
668.8 Team I Clock to Credit Hour Conversions

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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	1,321,882	289,608	9,709	1,026,065	-3,500	0
Annual Time Burden (Hours)	2,137,060	1,305,770	21,982	830,308	-21,000	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The increase of 21,982 burden hours is due to a statutory change in the Higher Education Opportunity Act (HEOA) (Pub. L. 110-315) that requires institutions to develop and follow procedures to evaluate the validity of a student's high school completion as final in the implementing regulations at 34 CFR 668.16(p). The downward administrative adjustment of 21,000 burden hours is reflective of the transfer of the satisfactory academic progress regulations being moved from 34 CFR 668.16 to 34 CFR 668.34, thus the burden associated with OMB 1845-0022 (and 34 CFR 668.16) is transferred to OMB 1845-NEW2 - Satisfactory Academic Progress (04267). The remaining 830,308 increase in burden hours reflect business process improvement to prevent and counteract fraud, abuse, and waste by providing for accurate clock hour to credit hour conversions, clarifying when a student is considered to have withdrawn in order to calculate the proper amounts of earned and unearned Title IV, HEA funds, require expanded disclosure to students enrolled in programs of study where a portion of the student's program is provided by another institution that will not be providing the student with the degree or certificate, and through the reduction of the Secretary's approval for foreign institution's participation in Title IV, HEA programs from 6 years to 3 years for private, for-profit foreign institutions.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 10/21/2010

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