Waiver Requests Related to the Adult Education and Family of Literacy Act and the Carl D. Perkins Career and Technical Education Act

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
section 3511 CARES Act.docx	Supplementary Document	Uploaded 2020-04-10	Available
Supporting Statement A for Tydings Waivers ICR.docx	Supporting Statement A	Uploaded 2020-04-10	Available
PRA Emergency Collection - 1830-NEW (waivers).docx	Supplementary Document	Uploaded 2020-04-10	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
241307	Waiver Requests Related to the Adult Education and Family of Literacy Act and the Carl D. Perkins Career and Technical Education Act	Other-Tydings Waivers	New

ICR Details

OMB Control No: 1830-0580	ICR Reference No: 202004-1830-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: ED/OCTAE	Agency Tracking No:
Title: Waiver Requests Related to the Adult Education and Family of Literacy Act and the Carl D. Perkins Career and Technical Education Act
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: 04/14/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/13/2020
	Date Received in OIRA: 04/10/2020
Terms of Clearance: OMB approves this information collection request for a period of six months. Given ED's inability to seek public comment at this time due to the COVID-19 national emergency, ED requests a waiver from the requirement to publish notice in the Federal Register seeking public comment during the period of OMB review. Public comment will be solicited within a reasonable period, but not later than May 30, 2020, of the approval to collect this information beyond the emergency clearance period.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	6 Months From Approved
Responses	38	0	0
Time Burden (Hours)	10	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection solicits from State educational agencies requests for waivers of section 421(b) of the General Education Provisions Act (to extend the period of availability for obligation of State formula grant funds authorized by the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act.

Emergency Justfication: Section 3511(b)(1) of the CARES Act directs the Secretary of Education to “create an expedited application process” to enable State educational agencies to request waivers authorized by the CARES Act, including waivers of section 421(b) of the General Education Provisions Act (GEPA), often referred to as the “Tydings Amendment,” to extend the period of availability for obligation of State formula grant funds authorized by the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act) and the Adult Education and Family Literacy Act (AEFLA). ED is requesting an emergency clearance to allow for immediate outreach to State educational agencies to carry out the statutory direction that ED establish an “expedited application process” for waivers. Waivers of section 421(b) of GEPA are critically important in States in which extensive school and program closures and disruptions prevent State educational agencies and their subgrantees from obligating all of their Fiscal Year (FY) 2018 Perkins Act and AEFLA formula grants before the period of availability of these funds for obligation ends on September 30, 2020. If this emergency collection is not approved, the Department’s G5 grant management system indicates that $101.6 million in unexpended FY 2018 Perkins Act funds and $113.3 million in unexpended FY 2018 AEFLA funds may be in jeopardy of lapsing. These funds are particularly needed in States that have experienced the greatest economic and educational disruptions caused by 2019-nCoV in order to support their recovery and the resumption of educational services. As States start planning how they will restart services for their students, they need to know as soon as possible whether they can count on these funds being available to assist their efforts.

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Authorizing Statute(s): PL: Pub.L. 116 - 136 3511 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 3511 Name of Law: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

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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

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Waiver Requests Related to the Adult Education and Family of Literacy Act and the Carl D. Perkins Career and Technical Education Act

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ICR Summary of Burden

table that charts list 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	38	0	0	38	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is an emergency information collection that would solicit from State educational agencies requests for waivers of section 421(b) of the General Education Provisions Act (GEPA), often referred to as the “Tydings Amendment,” to extend the period of availability for obligation of State formula grant funds authorized by the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act. Section 3511 of Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136 (H.R. 748), 34 Stat. 281 (Mar. 27, 2020)) authorizes the Department to grant such waivers to a State educational agency that meets certain requirements.

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Annual Cost to Federal Government: $3,337

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 04/10/2020

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