PRA Supporting Statement A

OMB Number: 1840-0827

Revised: 03/20/19

SUPPORTING STATEMENT
FOR PAPERWORK REDUCTION ACT SUBMISSION

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection. Attach a hard copy of the appropriate section
of each statute and regulation mandating or authorizing the collection of information, or you may provide
a valid URL link or paste the applicable section1. Specify the review type of the collection (new, revision,
extension, reinstatement with change, reinstatement without change). If revised, briefly specify the
changes. If a rulemaking is involved, make note of the sections or changed sections, if applicable.
The purpose of this submission is to extend the previously approved collection for the Equity in Athletics
Disclosure Act (EADA), found in section 485 of the Higher Education Act of 1965 (HEA), as amended.
The statute (20 U.S.C. 1092(e)), and its implementing regulations (34 CFR 668.41 and 34 CFR 668.47)
require coeducational institutions that participate in the Title IV, HEA federal student aid programs and
that have an intercollegiate athletic program to annually prepare a report on athletic participation,
staffing, revenue and expenditures by gender, and by men’s and women’s teams. An institution must
make the report available to students, potential students, and the public upon request. An institution must
also report the data to the Department of Education and the Department makes the information publicly
available on its website.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the current
collection.
The information in the EADA report is used by prospective student-athletes to help them choose a
postsecondary institution. Prospective and current students and the public also use the information to
assess an institution’s commitment to and progress toward gender equity in intercollegiate athletics.

3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or forms of information technology,
e.g. permitting electronic submission of responses, and the basis for the decision of adopting this means
of collection. Also describe any consideration given to using technology to reduce burden.
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Please limit pasted text to no longer than 3 paragraphs.

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OMB Number: 1840-0827

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The information collection is conducted via a web-based application (the EADA Survey). Institutions are
required to submit their information electronically using the EADA survey. Data submitted online are
migrated to the Office of Postsecondary Education’s (OPE’s) public dissemination website at
http://ope.ed.gov/athletics for anyone to view. The EADA Survey has been conducted electronically since
collection year 2001.
Institutions must also disclose the report to current and prospective students and the public. Institutions
are encouraged to use appropriate information technologies to reduce their burden. For instance, in the
preamble to the final rules (60 Fed Reg 61426 (1995)), the Department explicitly noted that institutions
may opt to make the information available by electronic means.

4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.
There is some overlap between these requirements and those with which an institution must comply
pursuant to its Program Participation Agreement (PPA) in 34 CFR 668.14, but there is no duplication in
the data collected. Under those regulations, an institution entering into a PPA with the department must
agree that, if the institution is coeducational and has an intercollegiate athletic program, it will comply
with the provisions in 34 CFR 668.48.

5. If the collection of information impacts small businesses or other small entities, describe any methods
used to minimize burden. A small entity may be (1) a small business which is deemed to be one that is
independently owned and operated and that is not dominant in its field of operation; (2) a small
organization that is any not-for-profit enterprise that is independently owned and operated and is not
dominant in its field; or (3) a small government jurisdiction, which is a government of a city, county,
town, township, school district, or special district with a population of less than 50,000.
These requirements have no impact on small businesses or other entities.

6. Describe the consequences to Federal program or policy activities if the collection is not conducted or
is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
Per statute, the information must be collected and disclosed annually.

7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:


requiring respondents to report information to the agency more often than quarterly;



requiring respondents to prepare a written response to a collection of information in fewer than 30
days after receipt of it;

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

requiring respondents to submit more than an original and two copies of any document;



requiring respondents to retain records, other than health, medical, government contract, grant-inaid, or tax records for more than three years;



in connection with a statistical survey, that is not designed to produce valid and reliable results
than can be generalized to the universe of study;



requiring the use of a statistical data classification that has not been reviewed and approved by
OMB;



that includes a pledge of confidentiality that is not supported by authority established in statute or
regulation, that is not supported by disclosure and data security policies that are consistent with
the pledge, or that unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or



requiring respondents to submit proprietary trade secrets, or other confidential information unless
the agency can demonstrate that it has instituted procedures to protect the information’s
confidentiality to the extent permitted by law.

This information collection requires no special circumstances.

8. As applicable, state that the Department has published the 60 and 30 Day Federal Register notices as
required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission
to OMB. Summarize public comments received in response to that notice and describe actions taken
by the agency in response to these comments. Specifically address comments received on cost and
hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instruction and record keeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years – even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation
in a specific situation. These circumstances should be explained.

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ED will publish the applicable 60 and 30 day notices in the Federal Register inviting public comment on
the form and the burden assessment. There were no 60-day notice comments received. This is the 30-day
notice.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of
contractors or grantees with meaningful justification.
There are no payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in
statute, regulation, or agency policy. If personally identifiable information (PII) is being collected, a
Privacy Act statement should be included on the instrument. Please provide a citation for the Systems of
Record Notice and the date a Privacy Impact Assessment was completed as indicated on the IC Data
Form. A confidentiality statement with a legal citation that authorizes the pledge of confidentiality should
be provided. 2 If the collection is subject to the Privacy Act, the Privacy Act statement is deemed
sufficient with respect to confidentiality. If there is no expectation of confidentiality, simply state that the
Department makes no pledge about the confidentially of the data.
The EADA and regulations require an institution to disclose the average salaries of head and assistant
coaches of men and women’s teams. There are a very small number of co-ed teams. Requiring
institutions to report separate averages for coaches of co-ed teams might effectively require the
institution to disclose an individual’s salary. To avoid this, the Department allows institutions to include
the average salaries of coaches of co-ed teams as a pro-rated portion of the average salaries of coaches
of men’s and women’s teams (60 Fed Reg 61432 (1995)).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. The justification
should include the reasons why the agency considers the questions necessary, the specific uses to be made
of the information, the explanation to be given to persons from whom the information is requested, and
any steps to be taken to obtain their consent.
These requirements contain no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:


Indicate the number of respondents by affected public type (federal government, individuals
or households, private sector – businesses or other for-profit, private sector – not-for-profit

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Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974,
OMB Circular A-108 – Privacy Act Implementation – Guidelines and Responsibilities, OMB Circular A-130
Appendix I – Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M-03-22 – OMB
Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, OMB M-06-15 –
Safeguarding Personally Identifiable Information, OM:6-104 – Privacy Act of 1974 (Collection, Use and Protection
of Personally Identifiable Information)

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institutions, farms, state, local or tribal governments), frequency of response, annual hour
burden, and an explanation of how the burden was estimated, including identification of
burden type: recordkeeping, reporting or third party disclosure. All narrative should be
included in item 12. Unless directed to do so, agencies should not conduct special surveys to
obtain information on which to base hour burden estimates. Consultation with a sample
(fewer than 10) of potential respondents is desirable. If the hour burden on respondents is
expected to vary widely because of differences in activity, size, or complexity, show the
range of estimated hour burden, and explain the reasons for the variance. Generally,
estimates should not include burden hours for customary and usual business practices.


If this request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in the ROCIS IC Burden Analysis
Table. (The table should at minimum include Respondent types, IC activity, Respondent and
Responses, Hours/Response, and Total Hours)



Provide estimates of annualized cost to respondents of the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting
out or paying outside parties for information collection activities should not be included here.
Instead, this cost should be included in Item 14.

These requirements apply to institutions that participate in a title IV, HEA program and have an
intercollegiate athletic program. 2,073 institutions reported data in the 2017 collection cycle, and 2,079
institutions reported data in the 2018 collection cycle. We do not anticipate that this number will grow
substantially in the coming years.
The annual reporting burden is 5.5 hours per respondent. Therefore, the total overall annual burden is
11,434.5 hours (5.5 hours per respondent X 2,079 respondents).
The annual cost per respondent is $110.00 (5.5 hours X $20.00 per hour). The total annual cost for all
respondents is $228,690 (2,079 respondents X $110.00).
13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)


The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life); and (b) a total operation and maintenance
and purchase of services component. The estimates should take into account costs associated
with generating, maintaining, and disclosing or providing the information. Include descriptions of
methods used to estimate major cost factors including system and technology acquisition,
expected useful life of capital equipment, the discount rate(s), and the time period over which
costs will be incurred. Capital and start-up costs include, among other items, preparations for
collecting information such as purchasing computers and software; monitoring, sampling, drilling
and testing equipment; and acquiring and maintaining record storage facilities.

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

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and
explain the reasons for the variance. The cost of contracting out information collection services
should be a part of this cost burden estimate. In developing cost burden estimates, agencies may
consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission
public comment process and use existing economic or regulatory impact analysis associated with
the rulemaking containing the information collection, as appropriate.



Generally, estimates should not include purchases of equipment or services, or portions thereof,
made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not
associated with the information collection, (3) for reasons other than to provide information or
keep records for the government or (4) as part of customary and usual business or private
practices. Also, these estimates should not include the hourly costs (i.e., the monetization of the
hours) captured above in Item 12
Total Annualized Capital/Startup Cost :

$0.00

Total Annual Costs (O&M)

$0.00

:

____________________
Total Annualized Costs Requested

:

$0.00

There are no costs associated with responding to these requirements other than those detailed in response
to Question No. 12.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), and any other expense that would not have been
incurred without this collection of information. Agencies also may aggregate cost estimates from Items
12, 13, and 14 in a single table.
Estimated annual cost to the Federal government:

Salaried Staff

12 hours

Contract Costs

1,400

$1,000.00
$390,000.00

Estimated total costs to the Federal Government: $391,000.00

15. Explain the reasons for any program changes or adjustments. Generally, adjustments in burden result
from re-estimating burden and/or from economic phenomenon outside of an agency’s control (e.g.,

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correcting a burden estimate or an organic increase in the size of the reporting universe). Program
changes result from a deliberate action that materially changes a collection of information and generally
are result of new statute or an agency action (e.g., changing a form, revising regulations, redefining the
respondent universe, etc.). Burden changes should be disaggregated by type of change (i.e., adjustment,
program change due to new statute, and/or program change due to agency discretion), type of collection
(new, revision, extension, reinstatement with change, reinstatement without change) and include totals for
changes in burden hours, responses and costs (if applicable).
The total annual cost burden to respondents remains about the same. As explained above, the number of
institutions in the most recent year with data available was 2,079, an increase of only 6 respondents over
the previously submitted 2,073 respondents in 2017.
16. For collections of information whose results will be published, outline plans for tabulation and
publication. Address any complex analytical techniques that will be used. Provide the time schedule for
the entire project, including beginning and ending dates of the collection of information, completion of
report, publication dates, and other actions.
This information collection is available via the Department’s web site if the public wishes to view the
information.

17. If seeking approval to not display the expiration date for OMB approval of the information collection,
explain the reasons that display would be inappropriate.
We are not seeking approval to not display the expiration date for OMB approval.

18. Explain each exception to the certification statement identified in the Certification of Paperwork
Reduction Act.
There are no exceptions to the certification statement.

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