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ED/OPE RIN: 1840-AD55 Publication ID: Fall 2021 
Title: Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10) 
Abstract:

To reflect changes to the HEA made by the American Rescue Plan Act, the Secretary plans to propose to amend the Student Assistance General Provisions (34 CFR 668.28 Non-Title IV revenue) governing whether proprietary institutions meet the requirement in 34 CFR 668.14(b)(16) that institutions receive at least 10 percent of their revenue from sources other than Federal education assistance funds.

 
Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 34 CFR 668.28   
Legal Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099a-3, 1099c   
Legal Deadline:  None

Statement of Need:

This rulemaking is necessary to reflect changes to the HEA made by the American Rescue Plan Act, governing whether proprietary institutions meet the requirement in 34 CFR 668.14(b)(16) that these institutions receive at least 10 percent of their revenue from sources other than Federal education assistance funds.

Summary of the Legal Basis:

We are conducting this rulemaking under the following authorities: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099a-3, and 1099c.

Alternatives:

We have limited information about the alternatives at this time.

Anticipated Costs and Benefits:

We have limited information about the anticipated costs and benefits at this time.

Risks:

We have limited information about the risks at this time.

Timetable:
Action Date FR Cite
Notice of Intent to Commence Negotiated Rulemaking  11/00/2021 
NPRM  07/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Gregory Martin
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW, Room 2C136,
Washington, DC 20202
Phone:202 453-7535
Email: gregory.martin@ed.gov