[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78096-78098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27732]


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DEPARTMENT OF EDUCATION


List of Federal Education Assistance for Proprietary Institutions 
of Higher Education To Include as Federal Revenue

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: This notice lists the Federal education assistance funds for 
qualifying students that proprietary institutions of higher education 
must include as Federal revenue in their non-Federal revenue 
calculation (known as ``90/10'').

DATES: Institutions must include these Federal education funds in their 
90/10 calculations for fiscal years beginning on or after January 1, 
2023.

FOR FURTHER INFORMATION CONTACT: Ashley Clark, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 2C185, Washington, DC 20202. 
Telephone: (202) 453-7977. Email: [email protected].

[[Page 78097]]

    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:
    Background: On October 28, 2022, the Department published final 
regulations amending 34 CFR 668.28, ``Non-Federal Education Assistance 
Funds (90/10).'' \1\ The final regulations implemented amendments to 
sections 487(a) and (d) of the Higher Education Act of 1965, as amended 
(HEA), made by the American Rescue Plan Act of 2021 (ARP).\2\ Sections 
487(a) and (d) govern how proprietary institutions of higher education 
(``institutions'') must calculate their non-Federal revenue percentage 
(e.g., the 90/10 calculation).\3\ Per section 487(a) of the HEA, 
institutions must derive not less than 10 percent of their revenue from 
sources other than Federal education assistance funds that are 
disbursed or delivered to or on behalf of a student to attend the 
institution. The statutory change requires that institutions count all 
Federal education assistance funds as Federal revenue in their 90/10 
calculation for fiscal years beginning on or after January 1, 2023. 
Regulations at 34 CFR 668.28 identify the types of funds that 
institutions must treat as Federal and non-Federal revenue. 34 CFR 
668.28(a)(1)(i) provides that the Secretary will identify Federal 
education assistance funds, by agency, to assist proprietary 
institutions in complying with the 90/10 requirement. The Department is 
publishing this notice in the Federal Register in accordance with Sec.  
668.28(a)(1)(i), and we will publish updates to this list for 
subsequent fiscal years as needed.
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    \1\ 87 FR 65426.
    \2\ Public Law 117-2.
    \3\ Public Law 110-315, as amended.
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    List of Federal education assistance funds: The Department surveyed 
Federal agencies to compile this list of Federal education assistance 
funds. In accordance with the definition of Federal education 
assistance funds in Sec.  668.28, this list includes Federal funds that 
may be disbursed directly to an institution; disbursed to a student for 
purposes of paying tuition, fees, or other institutional charges; or 
comingled with non-Federal funds in a disbursement made by a non-
Federal public agency, regardless of whether proprietary institutions 
are currently eligible. Information obtained by the Department 
indicated that most education assistance funds are disbursed directly 
to an institution for specific students, and, therefore, the 
institution should be aware of and able to account for these funds. For 
the programs that disburse Federal funds directly to students, 
institutions are expected to determine if any students making payments 
to the institution are receiving Federal education funds from the 
listed sources and use that information to accurately calculate the 
percentage of their revenue derived from non-Federal sources.\4\
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    \4\ See 87 FR at 65446 (``For purposes of 90/10, we understand 
that proprietary institutions need a basis to calculate the Federal 
funds disbursed directly to its students. The Department considers a 
certification from an agency describing the Federal funds that a 
student received as a sufficient basis for this calculation. In 
cases where an agency does not provide this information to an 
institution, we will evaluate on a case-by-case basis whether the 
institution made a good-faith effort to obtain this information, 
including if a student certifies that they received Federal funds 
and the amount of funds received.''). See also 87 FR at 65451-52 
(``Although institutions must exclude funds for which they cannot 
determine the breakdown, we expect institutions to attempt to 
determine the Federal and non-Federal breakdown of grant funds. The 
Department would evaluate whether the institution sufficiently 
attempted to determine the Federal and non-Federal components of 
grant funds on a case-by-case basis . . . when the institution is 
unable to obtain this breakdown.'')
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    The statute requires institutions to include all Federal education 
assistance funds in their 90/10 calculation. If an institution is aware 
of Federal education assistance funds not included on this list that 
were provided either to the institution or directly to a student to 
cover tuition and fees or other institutional charges, the institution 
must obtain the necessary information to account for those funds in its 
90/10 revenue calculation. If Federal education assistance funds are 
comingled with other types of aid and the institution cannot determine 
what portion of the funds are from a Federal entity, the funds should 
not be included in either the numerator or denominator of the revenue 
calculation. Institutions should document for their records how they 
determine whether students are receiving federal education assistance 
from these programs.
    Note that the following list of sources of Federal education funds 
is in addition to title IV, HEA program funds, which existing 
regulations already require institutions to include in the 90/10 
calculation.

Department of Agriculture:
 National Institute of Food and Agriculture (NIFA): Agriculture 
and Food Research Initiative Predoctoral Fellowships
Department of Commerce:
 Hollings Scholarship Program
 National Oceanic and Atmospheric Administration (NOAA) 
Educational Partnership Program with Minority Serving Institutions, 
Cooperative Science Centers Direct Student Support
 NOAA Educational Partnership Program with Minority Serving 
Institutions, Graduate Fellowship Program
 NOAA Educational Partnership Program with Minority Serving 
Institutions, Undergraduate Scholarship Program
Department of Defense:
 Advanced Civil Schooling
 Army/Navy/Air Force Health Professions Scholarship Program
 Civilian Career Program/Civilian Tuition Assistance
 Credentialing Assistance
 Military Spouse Career Advancement Account (MyCAA)
 Military Tuition Assistance
 Navy Advanced Education Voucher Program
 Navy Graduate Education Voucher
 Navy Seaman to Admiral
 Reserve Officers' Training Corps (ROTC) Scholarships
Department of Education:
 Leadership Consortia in Sensory Disabilities and Disabilities 
Associated with Intensive Service Needs
 Perkins V (including the Native American Career and Technical 
Education Program and the Native Hawaiian Career and Technical 
Education Program)
 Personnel Preparation in Special Education, Early 
Intervention, and Related Services for Personnel Serving Children with 
Disabilities
 Preparation of Special Education, Early Intervention, and 
Related Services Leadership Personnel
 Statewide Models for Ensuring That Special Education Students 
in Inclusive Schools are Served by Highly Qualified Teachers
 Workforce Investment Opportunity Act (WIOA) Title II (Adult 
Education and Family Literacy Act)
Department of Health and Human Services:
 Addiction Medicine Fellowship Program (AMF)
 Advanced Nursing Education; Nurse Practitioner Residency 
Integration Program (ANE-NPRIP)
 Advanced Nursing Education; Nurse Practitioner Residency 
Program (ANE-NPR)
 Advanced Nursing Education Workforce (ANEW)
 Behavioral Health Workforce Education and Training Program for 
Paraprofessionals (BHWET)
 Behavioral Health Workforce Education and Training Program for 
Professionals (BHWET)
 Chafee Education and Training Vouchers

[[Page 78098]]

 Children's Hospitals Graduate Medical Education Program 
(CHGME)
 Dental Faculty Loan Repayment Program (DFLRP)
 Geriatric Workforce Enhancement Program (GWEP)
 Graduate Psychology Education Program (GPE)
 Health Careers Opportunity Program (HCOP)
 Indian Health Professions (IHS) Section 103 Scholarships
 IHS Section 104 Scholarships
 Indian Health Service
 Indians Into Medicine
 Integrated Substance Use Disorder Training Program (ISTP)
 Medical Student Education (MSE)
 Native Hawaiian Health Scholarship Program (NHHSP)
 National Health Service Corps Scholarship Program (NHSC SP)
 Non-National Research Service Award Predoctoral Fellowships
 Nurse Anesthetist Traineeship (NAT)
 Nurse Corps Scholarship Program
 Nurse Education, Practice, Quality and Retention; Registered 
Nurses in Primary Care (NEPQR-RNPC)
 Nurse Education, Practice, Quality and Retention; Veteran 
Nurses in Primary Care Training Program (VNPC)
 Nursing Workforce Diversity (NWD)
 Nursing Workforce Diversity; Eldercare Enhancement (NWD-E2)
 Oral Health Training: Predoctoral Training in General, 
Pediatric and Public Health Dentistry
 Primary Care Training and Enhancement; Physician Assistant 
Rural Training Program (PCTE-PAT)
 Public Health Training Centers (PHTC)
 Non-National Research Service Award Training Grants
 Opioid-Impacted Family Support Program (OIFSP)
 Preventative Medicine Residency Program (PMR)
 Public Health Scholarship Program (PHSP)
 Scholarships for Disadvantaged Students (SDS)
 Ruth L. Kirschstein National Research Service Award 
Institutional Research Training Grants
 Ruth L. Kirschstein National Research Service Award 
Predoctoral Fellowships
 Temporary Assistance to Needy Families
Department of Labor:
 H-1B Skills Training Grants
 Reentry Employment Opportunities
 Strengthening Community Colleges
 Trade Adjustment Assistance
 WIOA Title I (Adult, Dislocated Worker, and Youth)
 YouthBuild
Department of Transportation:
 Federal Highway Administration; Dwight David Eisenhower 
Transportation Fellowship Program (DDETFP)
 Maritime Administration; Direct Payments State Maritime 
Academies (SMA)
 Maritime Administration; Student Incentive Program
 Maritime Administration; United States Merchant Marine Academy
Department of Veterans Affairs:
 All-Volunteer Force Educational Assistance (also known as 
Montgomery GI Bill; Active Duty)
 Marine Gunnery Sergeant John David Fry Scholarship
 Montgomery GI Bill Selected Reserve; Reserve Educational 
Assistance Program
 National Call to Service Program
 Post-9/11 Veterans Educational Assistance (also known as Post-
9/11 GI Bill)
     Post-Vietnam Era Veterans' Educational Assistance Program
     Survivors and Dependents Educational Assistance
     Veteran Employment Through Technology Education Courses 
(VET TEC)
     Veteran Rapid Retraining Assistance Program
     Veteran Readiness and Employment (formerly Vocational 
Rehabilitation)
Nuclear Regulatory Commission:
     University Nuclear Leadership Program

    Accessible Format: On request to the person listed under FOR 
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain 
this document in an accessible format. The Department will provide the 
requestor with an accessible format that may include Rich Text Format 
(RTF) or text format (txt), a thumb drive, an MP3 file, braille, large 
print, audiotape, or compact disc, or other accessible format.
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    You may also access documents of the Department published in the 
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by the Department.

Nasser H. Paydar,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 2022-27732 Filed 12-20-22; 8:45 am]
BILLING CODE 4000-01-P