Emergency Memo

United States Department of Education

June 29, 2020

MEMORANDUM

TO: Lindsay Abate

Office of Management and Budget Desk Officer

FROM: Hilary Malawer

Deputy General Counsel

RE: Emergency request for Paperwork Reduction Act (PRA) approval

Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, ED requests that the following collection of information, HBCU Capital Financing Program Deferment Applications, be processed in accordance with section 1320.13 Emergency Processing. ED has determined that this information must be collected prior to the expiration of time periods established under Part 1320, and that this information is essential to the ED’s ability to effectively implement the CARES Act, Pub. L. No. 116-136 (March 27, 2020) and address the economic disruption posed by the Novel (new) Coronavirus (“2019-nCoV”).

In the CARES Act, Congress provided authority under the Historically Black College and University (HBCU) Capital Financing Program for deferments due to a qualifying emergency. Generally, the CARES Act provides that the Secretary may grant a deferment to recipients of Program loans, regardless of whether the recipient is a public or private HBCU, for the duration of the coronavirus-related emergency. The Department has developed and seeks to clear an application for HBCUs to seek a deferment of a Program loan under the CARES Act.

If this emergency collection is not approved, the Department will be unable to issue these deferments in a timely manner. These deferments are particularly needed by IHEs that have experienced the greatest economic and educational disruptions caused by 2019-nCoV in order to support their recovery.

Given the short timeframe, ED is unable to consult with the public prior to issuing the forms. However, ED has ample experience designing other similar forms in a way that is clear and minimizes burden. We estimate that application will require 1 hour to complete.

ED requests approval of the submission by June 29, 2020. Given the inability to seek public comment during such a short timeframe, ED will also include 60-day language for the regular collection within the emergency notice. This will allow the public the full opportunity to comment for the regular collection.

400 MARYLAND AVE. SW, WASHINGTON, DC 20202

www.ed.gov

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.