1845-0105 Supporting Statement 2022 30D

Tracking and OMB Number: (XX) 1845-0105 Revised: 7/26/2022

SUPPORTING STATEMENT

FOR PAPERWORK REDUCTION ACT SUBMISSION

Foreign Schools Eligibility Criteria Apply to Participate in Title IV HEA Programs

1. Explain the circumstances that make the collection of information necessary. What is the purpose for this information collection? Identify any legal or administrative requirements that necessitate the collection. Include a citation that authorizes the collection of information. Specify the review type of the collection (new, revision, extension, reinstatement with change, reinstatement without change). If revised, briefly specify the changes. If a rulemaking is involved, list the sections with a brief description of the information collection requirement, and/or changes to sections, if applicable.

This request is for an extension of the information collection of the requirements in the policies and procedures related to the eligibility of foreign schools to apply to participate in Title IV, HEA programs that were added by the Higher Education Opportunity Act of 2008 (HEOA). The HEOA added specific reporting requirements for foreign graduate medical schools and foreign nursing schools in relation to acceptable minimum test scores.

These regulations continue the policies to ensure comparability between domestic institutions and foreign institutions regarding academic year definitions for non-degree programs and showing the method used to show that equivalency. And these regulations continue requirements for the development and collection of consent forms that students in nursing and graduate medical programs will have to complete to allow the schools to request specified test scores from appropriate testing agencies and to then report those scores to their accrediting agency, and the Department as required.

Also the regulations continue the additional reporting by graduate medical schools to their accrediting agencies of any material changes to the education programs offered or changes to the oversight bodies or affiliation agreements with hospitals and clinics. Foreign graduate medical schools are also required to publish all of the languages in which instruction is offered.

Finally, burden is noted for the requirement of foreign veterinary schools to provide evidence of accreditation by an accreditor acceptable to the Secretary.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

34 CFR sections 600.54, 600.55, 600.56 and 600.57 contain collection requirements. Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)), the Department of Education is providing the links above to these sections to the Office of Management (OMB) for its review.

The information identified below is used by the Department of Education (the Department) during the initial review for eligibility certification, recertification and annual evaluations. These regulations help to ensure that all foreign institutions participating in the Title IV, HEA programs are meeting the minimum participation standards.

§600.54 – Criteria for determining whether a foreign institution is eligible to apply to participate in the Direct Loan Program.

The regulation §600.54 (e)(3)(ii) requires foreign institutions receiving Title IV, HEA program funds to demonstrate to the satisfaction of the Department that their method of determining academic work in a non-degree program is equivalent to the definition of an academic year that is required for domestic schools (§668.3) in determining program eligibility. This determination is made on a program by program basis by the Department in both initial and recertification reviews.

§600.55 – Additional criteria for determining whether a foreign graduate medical school is eligible to apply to participate in the Direct Loan Program.

Regulation §600.55(c)(2) requires a foreign graduate medical school to determine the consent requirements to meet their specific country’s privacy laws and require the necessary consents of all students, who are U.S. citizens, nationals, or eligible permanent residents, that have been accepted for admission to enable the foreign school to comply with the collection and submission requirements in §600.55(d) for Medical College Admission Test (MCAT) scores, residency placement, and U.S. Medical Licensing Examination (USMLE) scores.

Section 600.55(d) includes the changes to reporting requirements for foreign graduate medical schools as identified in HEOA Section 102(a)(2)(A)(i). The regulations in §600.55(d)(1) require a foreign graduate medical school to obtain, at its own expense, and by April 30 of each year submit to its accrediting authority for all students who are U.S. citizens, nationals, or eligible permanent residents: (i) MCAT scores, for those admitted during the preceding award year and the number of times each student took the exam; (ii) the percentage of students graduating during the preceding award year who are placed in an accredited U.S. medical residency; (iii) all USMLE scores earned during the preceding award year, disaggregated by step 1 and step 2-CK, by each student and graduate and the date each student took each test, including any failed tests and (iv) a statement of its citizenship rate for the preceding calendar year and the methodology used to obtain the rate. A school would have to submit the data on MCAT scores and placement in an U.S. residency to the Department only upon request but would be required to submit the USMLE data to the Department by April 30, unless notified by the Department.

Regulation §600.55(d)(2) allows for certain foreign medical schools to allow direct reporting of USMLE and/or citizenship pass rates to the Secretary by the Educational Commission for Foreign Medical Graduates (ECFMG) or another responsible third party. This will require the school to submit a written consent acceptable to the Department in which the school agrees that the pass rates calculated will be considered conclusive for purposes of compliance with the required rates. In this context, ECFMG or others will contract with the Department, and the school’s burden is based on development and submission of acceptable written consent to use the rates as calculated. As of April 2022, this option although allowed by regulation is not available to foreign graduate medical schools because the ECFMG has not entered into a data sharing agreement with the Department.

The regulations at §600.55(e)(2) require a foreign graduate medical school to notify their accrediting body within one year of any material changes in (1) the educational programs, including clinical training programs; and (2) the overseeing bodies and in the formal affiliation agreements with hospitals and clinics.

Finally, the regulations in §600.55(g)(3) require a foreign graduate medical school to publish all the languages in which instruction is offered.

§600.56 – Additional criteria for determining whether a foreign veterinary school is eligible to apply to participate in the Direct Loan Program.

The regulations specify additional Title IV, HEA eligibility criteria for foreign veterinary schools. Foreign veterinary schools are required to be accredited or provisionally accredited by an organization deemed acceptable to the Secretary for the purpose of evaluating veterinary programs.

§600.57 – Additional criteria for determining whether a foreign nursing school is eligible to apply to participate in the Direct Loan Program.

This section specifies regulations for foreign nursing schools as identified in HEOA Sections 102(a)(2)(A).

The regulations specify additional Title IV, HEA eligibility criteria for foreign nursing schools. The foreign nursing school eligibility includes, among other items §600.57(a)(6)(i), where the school must determine the consent requirements to meet their specific country’s privacy laws for, and require the necessary consents of, all students accepted for admission who are U.S. citizens, nationals, or eligible permanent residents, to enable the school to comply with the requirements for collection and submission requirements identified in §600.57(a)(6)(ii).

The foreign nursing school eligibility also includes §600.57(a)(6)(ii) where annually, (A) at its own expense, obtain all results on the NCLEX-RN achieved by students and graduates who are U.S. citizens, nationals, or eligible permanent residents, together with the dates the student has taken the examination (including any failed examinations) and provide the results to the Department; or (B) as an alternative to obtaining the NCLEX results individually, the school may obtain a report or reports from the National Council of State Boards of Nursing (NCSB), or an NCSB affiliate or NCSB contractor, reflecting the percentage of the school’s students and graduates taking the NCLEX-RN in the preceding year who passed the examination, or the data from which the percentage could be derived, and provide the report to the Department.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision of adopting this means of collection. Please identify systems or websites used to electronically collect this information. Also describe any consideration given to using technology to reduce burden. If there is an increase or decrease in burden related to using technology (e.g. using an electronic form, system or website from paper), please explain in number 12.

Institutions may use computer and Internet technology to image, transmit, and receive the supporting documents. Institutions are encouraged to make available on their Internet sites documents that need to be completed by students, if possible.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

There is no duplication of data as a result of the collection of this information.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. A small entity may be (1) a small business which is deemed to be one that is independently owned and operated and that is not dominant in its field of operation; (2) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field; or (3) a small government jurisdiction, which is a government of a city, county, town, township, school district, or special district with a population of less than 50,000.

No small businesses are impacted by this collection.

6. Describe the consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Report submission and information change requirements are required to assure accountability of program participants for proper program administration and less frequent collection could impair accountability of program participants. Additionally, the receipt of proper consent forms helps to ensure that funds being disbursed to students at these institutions meet eligibility requirements.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document;

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• in connection with a statistical survey, that is not designed to produce valid and reliable results than can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or that unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

The information collection requirements do not require special circumstances. This application is consistent with all of the guidelines in 5 CFR 1320.5(d)(2).

8. As applicable, state that the Department has published the 60 and 30 Federal Register notices as required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.

Include a citation for the 60 day comment period (e.g. Vol. 84 FR ##### and the date of publication). Summarize public comments received in response to the 60 day notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. If only non-substantive comments are provided, please provide a statement to that effect and that it did not relate or warrant any changes to this information collection request. In your comments, please also indicate the number of public comments received.

For the 30 day notice, indicate that a notice will be published.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instruction and record keeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The Department of Education (Department) developed these regulations using negotiated rulemaking committees with members of the community during 2010. There has been no change to the underlying statute or regulations affected.

On May 9, 2022, a Federal Register Notice was published (Vol. 87, No. 89, pages 27628-27629) inviting public comment on the proposed burden assessment. The 60 day comment period expired July 8, 2022 and one non-substantive comment was received. No changes have been made to the burden estimate.

The Department is now requesting a 30-day public comment period to solicit comments on the current burden assigned to this regulation.

8. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees with meaningful justification.

No payments or gifts will be provided to the respondents.

8. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If personally identifiable information (PII) is being collected, a Privacy Act statement should be included on the instrument. Please provide a citation for the Systems of Record Notice and the date a Privacy Impact Assessment was completed as indicated on the IC Data Form. A confidentiality statement with a legal citation that authorizes the pledge of confidentiality should be provided.¹ If the collection is subject to the Privacy Act, the Privacy Act statement is deemed sufficient with respect to confidentiality. If there is no expectation of confidentiality, simply state that the Department makes no pledge about the confidentiality of the data. If no PII will be collected, state that no assurance of confidentiality is provided to respondents. If the Paperwork Burden Statement is not included physically on a form, you may include it here. Please ensure that your response per respondent matches the estimate provided in number 12.

There is no assurance of confidentiality provided to institutions for the submission of this information.

8. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. The justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The Department is not requesting any sensitive data.

8. Provide estimates of the hour burden for this current information collection request. The statement should:

• Provide an explanation of how the burden was estimated, including identification of burden type: recordkeeping, reporting or third party disclosure. Address changes in burden due to the use of technology (if applicable). Generally, estimates should not include burden hours for customary and usual business practices.

• Please do not include increases in burden and respondents numerically in this table. Explain these changes in number 15.

• Indicate the number of respondents by affected public type (federal government, individuals or households, private sector – businesses or other for-profit, private sector – not-for-profit institutions, farms, state, local or tribal governments), frequency of response, annual hour burden. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burden in the table below.

• Provide estimates of annualized cost to respondents of the hour burdens for collections of information, identifying and using appropriate wage rate categories. Use this site to research the appropriate wage rate. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14. If there is no cost to respondents, indicate by entering 0 in the chart below and/or provide a statement.

The burden hours calculated below include time for reviewing the regulations; for determining the method and means to incorporate any changes; develop or update systems and forms and formats for gathering the required information; and to prepare any required reports. The burden is all related to reporting.

The Department has determined that all participating foreign institutions designated as public in their home country are considered foreign, private non-profit institutions for the purpose of Title IV unless the institution can provide documentation demonstrating that it meets the financial responsibility consideration as foreign public institution in 34 CFR § 668.171 (g)(2) .  As a result, the count of institutions previously identified as “public” on this form have been combined with the “private non-profit” category where applicable in the responses below.

Section 600.54 – Criteria for determining whether a foreign institution is eligible to apply to participate in the Direct Loan programs.

Section/Type	Respondents	Responses	Factor	Burden Hours
600.54
Private	12	65	0.17	11
Total	12	65		11
Prior Total	12	55		10
Difference	0	+10		+1

Section 600.55 – Additional criteria for determining whether a foreign graduate medical school is eligible to apply to participate in the Title IV, HEA programs.

§600.55(c)(2) – Admission criteria

Section/Type	Respondents	Responses	Factor	Burden Hours
600.55(c)(2)
Individual	13,725	13,725	0.08	1,098
For-profit	7	11,459	0.5	5,730
Private	17	2,266	0.5	1,133
Total	13,749	27,450		7,961
Prior Total	13,321	26,594		7,168
Difference	+428	+856		+793

Note: “Individual responses” refers to U.S. citizens, national or permanent residents applying to foreign graduate medical schools. There is a wide range of U.S. citizens, nationals or permanent residents enrolled in foreign graduate medical schools. The data comes from citizenship rates reported to the Department by foreign graduate medical schools for calendar year 2020.

§600.55(d)(1) – Collection and submission of data.

Section/Type	Respondents	Responses	Factor	Burden Hours
600.55(d)(1)
For-profit	7	7	1.41	10
Private	17	17	1.41	24
Total	24	24		34
Prior Total	24	24		34
Difference	0	0		0

§600.55(d)(2) – Alternate submission of data.

This option although allowed by regulation is not available to foreign graduate medical schools because the ECFMG has not entered into a data sharing agreement with the Department.

§600.55(e) – Requirements for clinical training.

Section/Type	Respondents	Responses	Factor	Burden Hours
600.55(e)
For-profit	1	1	0.82	1
Private	6	6	0.82	5
Total	7	7		6
Prior Total	7	7		6
Difference	0	0		0

§600.55(g) – Other criteria.

Section/Type	Respondents	Responses	Factor	Burden Hours
600.55(g)
For-profit	7	7	0.33	2
Private	17	17	0.33	6
Total	24	24		8
Prior Total	24	24		8
Difference	0	0		0

§600.56 – Additional criteria for determining whether a foreign veterinary school is eligible to apply to participate in the Direct Loan Program.

Section/Type	Respondents	Responses	Factor	Burden Hours
600.56
For-profit	1	1	0.25	1
Private	7	7	0.25	2
Total	8	8		3

Section 600.57 – Additional criteria for determining whether a foreign nursing school is eligible to apply to participate in the Title IV, HEA programs.

§600.57(a)(6)(i) – Consent forms and §600.57(a)(6)(ii) – Reporting requirements

Currently there are no foreign nursing schools participating in the Title IV, HEA programs.

GRAND TOTALS

NEW TOTALS	13,749	27,578		8,023
PRIOR TOTAL	13,345	26,713		7,229
DIFFERENCE	+404	+865		+794

*As of June 2021 there are 24 foreign gradate medical schools or schools with a component medical program that participate in the Department’s Title IV programs. These same 24 schools must provide responses for the above under 34 CFR §600.55 and were counted only once.

Estimated Annual Burden and Respondent Costs Table

Information Activity or IC (with type of respondent)	Number of Respondents	Number of Responses	Average Burden Hours per Response	Total Annual Burden Hours	Estimated Respondent Average Hourly Wage	Total Annual Costs (hourly wage x total burden hours)
Individual	13,725	13,725	See Above	1,098	$20.17	$22,147
For Profit Institution	7	11,475	See Above	5,744	$46.87	$269,221
Private Institution	17	2,378	See Above	1,181	$46.87	$55,353
Annualized Totals	13,749	27,578		8,023		$346,721

For individuals we have used the median hourly wage for all occupations, $20.17 per hour according to BLS. https://www.bls.gov/oes/current/oes_nat.htm#00-0000 .

For institutions we have used the median hourly wage for Education Administrators, Postsecondary, $46.87 per hour according to BLS. https://www.bls.gov/oes/current/oes119033.htm .

Please ensure the annual total burden, respondents and response match those entered in IC Data Parts 1 and 2, and the response per respondent matches the Paperwork Burden Statement that must be included on all forms.

8. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and acquiring and maintaining record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government or (4) as part of customary and usual business or private practices. Also, these estimates should not include the hourly costs (i.e., the monetization of the hours) captured above in Item 12.

Total Annualized Capital/Startup Cost :

Total Annual Costs (O&M) :____________________

Total Annualized Costs Requested :

There are no system start-up costs associated with these regulations.

8. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

There are no additional costs to the Federal government as a result of the final regulation.

8. Explain the reasons for any program changes or adjustments. Generally, adjustments in burden result from re-estimating burden and/or from economic phenomenon outside of an agency’s control (e.g., correcting a burden estimate or an organic increase in the size of the reporting universe). Program changes result from a deliberate action that materially changes a collection of information and generally are result of new statute or an agency action (e.g., changing a form, revising regulations, redefining the respondent universe, etc.). Burden changes should be disaggregated by type of change (i.e., adjustment, program change due to new statute, and/or program change due to agency discretion), type of collection (new, revision, extension, reinstatement with change, reinstatement without change) and include totals for changes in burden hours, responses and costs (if applicable).

Provide a descriptive narrative for the reasons of any change in addition to completing the table with the burden hour change(s) here.

This information collection filing is an extension of the current burden assessment. Since the initial filing of this information collection package in 2010 there has been no change to the statute or regulations that created this information collection. There was an error in the math for calculating individuals; therefore, there was an increase in burden hours. In addition, there is a wide range of U.S. citizens, nationals or permanent residents enrolled in foreign graduate medical schools from year to year. In total, there is an increase of 404 Respondents, 865 Responses, and 794 Burden Hours. There continues to be no eligible certified foreign nursing schools at the time of this filing.

	Program Change Due to New Statute	Program Change Due to Agency Discretion	Change Due to Adjustment in Agency Estimate
Total Burden			+794
Total Responses			+865
Total Costs (if applicable)

8. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The results of the collection of information will not be published.

8. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The Department is not seeking this approval.

8. Explain each exception to the certification statement identified in the Certification of Paperwork Reduction Act.

The Department is not requesting any exceptions to the “Certification of Paperwork Reduction Act Submissions.”

1 Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974, OMB Circular A-108 – Privacy Act Implementation – Guidelines and Responsibilities, OMB Circular A-130 Appendix I – Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M-03-22 – OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, OMB M-06-15 – Safeguarding Personally Identifiable Information, OM:6-104 – Privacy Act of 1974 (Collection, Use and Protection of Personally Identifiable Information)

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