Student Assistance General Provisions - Non-Title IV Revenue Requirements (90/10)

Forms and Documents

Document Name	Status
1845-0096 PRA Statement for NPRM2 2022.docx Supplementary Document	2022-07-27
1845-0096 Supporting Statement 90-10 NPRM2.docx Supporting Statement A	2022-07-27

IC Document Collections

IC ID	Document Title	Status
190093	Student Assistance General Provisions - Non-Title IV Revenue Requirements (90/10) Other-Regulations	Modified

ICR Details

OMB Control No: 1845-0096	ICR Reference No: 202207-1845-011
Status: Received in OIRA	Previous ICR Reference No: 202110-1845-001
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Student Assistance General Provisions - Non-Title IV Revenue Requirements (90/10)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2025
Responses	1,693	10
Time Burden (Hours)	39,737	5
Cost Burden (Dollars)	0	0

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Abstract: The Department of Education proposes to amend the Student Assistance General Provisions regulations to implement changes to § 668.28 – Non-Federal revenue (90/10). These proposed changes are based on requirements of the American Rescue Plan of 2021 which amended Section 487 of the Higher Education Act of 1965, as amended, (HEA). These proposed regulations are a result of negotiated rulemaking in 2021 and would add new requirements to the current regulations. The proposed regulations would amend the heading of §668.28 and references throughout the section to change “non-title IV revenue” to “non-Federal funds”.The proposed regulations would amend §668.28(a)(2) to create a disbursement rule that outlines how proprietary institutions calculate the percentage of their revenue that is Federal revenue and creates an end-of-fiscal-year deadline for proprietary institutions to request and disburse title IV funds to students. The proposed regulations would also modify §668.28(c)(3) with the steps that proprietary institutions must take if they fail to derive at least 10 percent of their revenue from allowable non-Federal sources by requiring them to notify students of the failure and the students’ potential loss of title IV aid at that proprietary institution.

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Authorizing Statute(s): US Code: 20 USC 1094 Name of Law: Higher Education Act of 1965, as amended
  

Citations for New Statutory Requirements: US Code: 20 USC 1094 Name of Law: Higher Education Act of 1965, as amended

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AD55	Proposed rulemaking	87 FR 45432	07/28/2022

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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

IC Title	Form No.	Form Name
Student Assistance General Provisions - Non-Title IV Revenue Requirements (90/10)

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ICR Summary of Burden

	Total Request	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	1,693	10	1,683	0	0	0
Annual Time Burden (Hours)	39,737	5	39,732	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: This is a request for an increase in burden due to a proposed regulation based on a statutory change. The Department is requesting an increase of 39,732 hours for 1,683 responses.

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Annual Cost to Federal Government: $0

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? No

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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: 07/28/2022

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