[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47751-47752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17157]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2020-SCC-0128]


Agency Information Collection Activities; Comment Request; CARES 
Act Maintenance of Effort (MOE)

AGENCY: Office of Elementary and Secondary Education (OESE), Department 
of Education (ED).

ACTION: Notice

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, ED is 
requesting the Office of Management and Budget (OMB) to conduct an 
emergency review of a new information collection

DATES: Approval by the OMB has been requested by before August 7, 2020. 
A regular clearance process is also hereby being initiated. Interested 
persons are invited to submit comments on or before October 5, 2020.

ADDRESSES: To access and review all the documents related to the 
information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2020-SCC-0128. 
Comments submitted in response to this notice should be submitted 
electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal 
mail, commercial delivery, or hand delivery. If the regulations.gov 
site is not available to the public for any reason, ED will temporarily 
accept comments at [email protected]. Please include the docket ID 
number and the title of the information collection request when 
requesting documents or submitting comments. Please note that comments 
submitted by fax or email and those submitted after the comment period 
will not be accepted. Written requests for information or comments 
submitted by postal mail or delivery should be addressed to the 
Director of the Strategic Collections and Clearance Governance and 
Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, 
LBJ, Room 6W208D, Washington, DC 20202-8240.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Tara Ramsey, 202-260-2063.

SUPPLEMENTARY INFORMATION: The Department of Education (ED), in 
accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3506(c)(2)(A)), provides the general public and Federal agencies with 
an opportunity to comment on proposed, revised, and continuing 
collections of information. This helps the Department assess the impact 
of its information collection requirements and minimize the public's 
reporting burden. It also helps the public understand the Department's 
information collection requirements and provide the requested data in 
the desired format. ED is soliciting comments on the proposed 
information collection request (ICR) that is described below. The 
Department of Education is especially interested in public comment 
addressing the following issues: (1) Is this collection necessary to 
the proper functions of the Department; (2) will this information be 
processed and used in a timely manner;

[[Page 47752]]

(3) is the estimate of burden accurate; (4) how might the Department 
enhance the quality, utility, and clarity of the information to be 
collected; and (5) how might the Department minimize the burden of this 
collection on the respondents, including through the use of information 
technology. Please note that written comments received in response to 
this notice will be considered public records.
    Title of Collection: CARES Act Maintenance of Effort (MOE).
    OMB Control Number: 1810-NEW.
    Type of Review: A new information collection.
    Respondents/Affected Public: State, Local and Tribal Organizations.
    Total Estimated Number of Annual Responses: 56.
    Total Estimated Number of Annual Burden Hours: 280.
    Abstract: This is a request for approval of a new emergency 
information collection that would solicit from States, Outlying Areas, 
and State educational agencies (SEAs) maintenance of effort (MOE) data 
under section 18008 of the CARES Act. Under four programs--the 
Governor's Emergency Education Relief Fund (GEER Fund, Section 18002) 
and the Elementary and Secondary School Emergency Relief Fund (ESSER 
Fund, Section 18003) and two formula grant programs to the Outlying 
Areas authorized under Section 18001(a)(1), Education Stabilization 
Fund-State Educational Agencies (ESF-SEA) and Education Stabilization 
Fund-Governors (ESF-Governor)--States are required to maintain fiscal 
effort on behalf of elementary, secondary and postsecondary education. 
Recipients of the resources from the ESSER Fund, the GEER Fund, the 
ESF-SEA Fund, and the ESF-Governor Fund have signed Certifications and 
Agreements, in which they agree to abide by the provisions of the CARES 
Act, including MOE requirements. The Department is requesting an 
emergency clearance to meet the requirements of the CARES Act and 
ensure that States and Outlying Areas are meeting the MOE requirement. 
In the publication of frequently asked questions regarding the 
Maintenance of Effort requirement, ED issued guidance and a sample form 
for States and Outlying Areas to submit this statutorily required data.
    Additional Information: An emergency clearance approval for the use 
of the system is described below due to the following conditions. If 
this collection is not allowed to proceed, the Department will not be 
able to fulfill the mandates of the CARES Act, and properly monitor 
that States and Outlying Areas maintain the level of support for 
elementary and secondary education, and State and Outlying Areas 
support for higher education in fiscal years 2020 and 2021 as agreed to 
in the GEER Fund, ESSER Fund and ESF-SEA Fund, and ESF-Governor Fund 
Certifications and Agreements.

    Dated: August 3, 2020.
Kate Mullan,
PRA Coordinator, Strategic Collections and Clearance Governance and 
Strategy Division, Office of Chief Data Officer, Office of Planning, 
Evaluation and Policy Development.
[FR Doc. 2020-17157 Filed 8-5-20; 8:45 am]
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