Emergency Memo

MEMORANDUM
TO:

Lindsay Abate
Office of Management and Budget Desk Officer

FROM:

Beatriz Ceja
Senior Director for Institutional Service
Office of Postsecondary Education

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 (Department) requests that the following
collection of information, Eligibility of Students at Institutions of Higher Education for
Funds under the CARES Act, previously approved as 1840-0844, be processed as a new
information collection request (ICR) in accordance with section 1320.13 Emergency
Processing.
On March 27, 2020, Congress enacted the CARES Act, Public Law 116–136, to
help the nation cope with the economic and health crises created by the novel coronavirus
disease (COVID–19) outbreak. Section 18004 of the CARES Act establishes the Higher
Education Emergency Relief Fund (HEERF) and instructs the Secretary to allocate funding
to eligible IHEs in connection with the COVID–19 outbreak.
On June 17, 2020, the Department published an interim final rule (IFR) in the
Federal Register (85 FR 36494), in which, for purposes of the phrases “grants to students”
and “emergency grants to students” in section 18004(a)(2), (a)(3), and (c) of the CARES
Act, “student” was defined as an individual who is, or could be, eligible under section 484
of the Higher Education Act of 1965, as amended (HEA), to participate in programs under
title IV of the HEA.
An emergency collection, 1840-0844, was approved by OMB on June 17, 2020 for
the burden assessed to both institutions and students as noted in the IFR and ICR
supporting statement. The emergency collection had an expiration date of December 31,
2020. The comment period for the ICR closed August 18, 2020. Of the four comments
received for the ICR two were substantive comments that echoed comments filed for the
IFR. Due in part to multiple competing priorities and the change in administration, the
emergency clearance inadvertently lapsed without filing either a 30-day public comment
period request for the ICR or a request to discontinue the ICR.
Upon further consideration and in response to public comments, the Department is
removing the requirement that a student must be eligible for title IV aid to receive financial
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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness
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assistance under the HEERF programs and clarifying in the definition of “student” that any
individual who is or was enrolled at an eligible institution on or after the date the national
emergency was declared for the novel coronavirus disease may qualify for assistance under
the HEERF programs. Given the passage of Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. L. 116-260) and American
Rescue Plan Act of 2021 (ARP) (Pub. L. 117-2), which also allocate funds for the HEERF
programs, the Department believes that this revised definition of “student” should
encompass student eligibility for these programs as well. Thus, the new definition of
“student” refers to student eligibility for the CARES Act, CRRSAA, and ARP under the
umbrella of the HEERF programs.
Thus, the Department is requesting a new emergency clearance of 1840-XXXX and
OMB approval to allow institutions to utilize the revised student definition for purposes of
disbursing funds to students as soon as possible.
It is important to proceed with this final rule as expeditiously as possible, due to the
fact that institutions are already distributing CARES Act and CRRSAA funds and will
soon be distributing ARP funds. Promulgation of the final regulation will help ensure
institutions will be able to maintain focus on the pressing needs of students and provide the
Congressionally allocated funds to assist their students. Any additional delay will have a
negative impact on institutions and students as institutions may delay distribution of
emergency financial aid grants without promulgation of the Department’s final rule.
To reduce the burden on students and institutions, the Department has removed the
requirement of a student needing to evidence title IV eligibility to qualify for the HEERF
program funds.
Therefore, to allow for the quick publication of this final regulation,
implementation of the revised definition broadening the relief eligibility to a greater
number of students, and to provide clarity to institutions about this change, the Department
is unable to consult with the public prior to issuing this final rule revising the definition of
student for the purposes of the CARES Act funding. However, the Department is
dedicated to receiving full public comment on these changes and the effect on the burden
assessment. The Department requests approval of this submission by May 6, 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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