Gainful Employment Student Warnings and Acknowledgments

Forms and Documents

Document Name	Status
1845-0173 Supporting Statement GE Student Warnings Final Rule 2023.docx Supporting Statement A	2023-09-26

IC Document Collections

IC ID	Document Title	Status
260249	Gainful Employment Student Warnings and Acknowledgments Other-Regulations	Modified
260248	Gainful Employment Student Warnings and Acknowledgments Other-Regulations	Modified
260247	Gainful Employment Student Warnings and Acknowledgments Other-Regulations	Modified
260246	Gainful Employment Student Warnings and Acknowledgments Other-Regulations	Modified

ICR Details

OMB Control No: 1845-0173	ICR Reference No: 202309-1845-002
Status: Received in OIRA	Previous ICR Reference No: 202305-1845-009
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Gainful Employment Student Warnings and Acknowledgments
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/10/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	130,669	0
Time Burden (Hours)	22,924	0
Cost Burden (Dollars)	0	0

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Abstract: On January 18, 2022, the Department convened a negotiated rulemaking committee, the Institutional and Programmatic Eligibility Committee, to consider proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended, (HEA). Through the Notice of Proposed Rulemaking (NPRM) published on May 19, 2023, docket number ED-2022-OPE-0062, the Secretary proposed new regulations to promote transparency, competence, stability, and effective outcomes for students in the provision of postsecondary education. The Final Rule under new § 668.605 requires institutions to provide warnings to current and prospective students if a Gainful Employment (GE) program is at risk of a loss of title IV, HEA eligibility, specifies the content and delivery requirements for such notifications, and provides that students must acknowledge having seen the warning before the institution may disburse any title IV, HEA funds. In addition to providing the English-language warnings, the institution will be required to provide accurate translations of the English-language warning into the primary languages of current and prospective students with limited English proficiency. Updates to the regulations since the NPRM has changed the estimated burden for this collection as identified in the NPRM. This is a request for a new collection designated 1845-0173 by OMB during the NPRM stage of this information collection filing.

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Authorizing Statute(s): US Code: 20 USC 1091 Name of Law: Higher Education Act of 1965, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AD57	Final or interim final rulemaking	88 FR 70004	10/10/2023

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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: 4

IC Title	Form No.	Form Name
Gainful Employment Student Warnings and Acknowledgments
Gainful Employment Student Warnings and Acknowledgments
Gainful Employment Student Warnings and Acknowledgments
Gainful Employment Student Warnings and Acknowledgments

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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	130,669	0	0	130,669	0	0
Annual Time Burden (Hours)	22,924	0	0	22,924	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: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a request for a new collection with an increase in burden due to a proposed regulation for institutions to provide certain warnings pertaining to gainful employment programs and for students to acknowledge receipt of such warnings. The Department is requesting an increase of 22,924 hours for 130,587 respondents and 130,669 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: 10/10/2023

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