Student disclosure acknowledgments

Forms and Documents

Document Name	Status
1845-0174 Supporting Statement Student disclosure acknowledgments Final Rule 2023.docx Supporting Statement A	2023-09-26

IC Document Collections

IC ID	Document Title	Status
260245	Student disclosure acknowledgments Other-Regulations	Modified
260244	Student disclosure acknowledgments Other-Regulations	Modified
260243	Student disclosure acknowledgments Other-Regulations	Modified

ICR Details

OMB Control No: 1845-0174	ICR Reference No: 202309-1845-003
Status: Received in OIRA	Previous ICR Reference No: 202305-1845-008
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Student disclosure 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	88,779	0
Time Burden (Hours)	15,739	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 § 668.407 establishes that prospective students must acknowledge having seen the information on the program information website maintained by the Secretary if an eligible non-Gainful Employment (non-GE) program has failed the debt-to-earnings (D/E) measure and requires that students must provide the acknowledgment before the institution may disburse any title IV, HEA funds. The change to the regulations since the NPRM has changed the estimated burden for this collection as identified in the NPRM. The required acknowledgments now exclude undergraduate degree programs from the acknowledgment requirements at § 668.407(a). This is a request for a change to the collection designated 1845-0174 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: 3

IC Title	Form No.	Form Name
Student disclosure acknowledgments
Student disclosure acknowledgments
Student disclosure 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	88,779	0	0	88,779	0	0
Annual Time Burden (Hours)	15,739	0	0	15,739	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 change to require student acknowledgment of information about non-GE programs. The Department is requesting an increase of 15,739 hours for 88,145 respondents and 88,779 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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