Emergency Memo

UNITED STATES DEPARTMENT OF EDUCATION

January 4, 2021
MEMORANDUM
TO:

Lindsay Abate
Office of Management and Budget Desk Officer

FROM:

Christopher McCaghren
Deputy Assistant Secretary for Higher Education Programs

RE:

Emergency request for Paperwork Reduction Act (PRA) approval

Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR
1320, the U.S. Department of Education (the Department) requests that the following
collection of information, Improper Payments Information Form, be processed in
accordance with section 1320.13 Emergency Processing. The Department 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 Department’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”).
Under the CARES Act’s Higher Education Emergency Relief Fund (HEERF), the
Department has made over 12,000 awards to institutions of higher education (IHEs) to
support emergency financial aid to students and institutional costs associated with
significant changes to the delivery of instruction due to the coronavirus. In the course of
monitoring these grant awards, the Department has determined that over 700 IHEs have
improperly drawn down funds from their award accounts, totaling over $202 million in
funds that must now be returned. Furthermore, during the time that these funds have been
drawn down, grantees are earning additional interest in excess of the $500 annual cap
prescribed by 2 CFR § 200.305(b) of the Uniform Guidance. The Department is
concerned that this excess interest, without an expeditious inventory and response by our
grantees, may be difficult to account. Therefore, in order to process the return of these
funds more efficiently and prevent any further earnings beyond the interest cap, we are
requesting approval of a short form that will allow the grantee to provide the Department
with information regarding the funds being returned.
If this emergency collection is not approved, the Department will lack critical information
about these refunds, jeopardizing our ability to responsibly monitor the use of these funds.
Given the short timeframe, the Department is unable to consult with the public prior to
issuing the form. However, the Department has ample experience designing other similar
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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.

forms in a way that is clear and minimizes burden. We estimate that the form will require
1 hour to complete.
The Department requests approval of the submission by January 13, 2021. Given the
inability to seek public comment during such a short timeframe for this emergency
collection, the Department will also provide 60-day language as part of the notice in the
Federal Register seeking public comment for the regular information collection.

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