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B-335918 Feb 08, 2024 1 (2024-02-08)

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             G        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548


B-335918


February 8, 2024

The Honorable  Bernard Sanders
Chairman
The Honorable  Bill Cassidy
Ranking  Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable  Virginia Foxx
Chairwoman
The Honorable  Bobby Scott
Ranking  Member
Committee  on Education and the Workforce
House  of Representatives

Subject: Department  of Education: Financial Responsibility, Administrative Capability,
         Certification Procedures, Ability to Benefit (A TB)

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated  by the Department of Education (ED) titled Financial Responsibility, Administrative
Capability, Certification Procedures, Ability to Benefit (ATB) (RINs: 1840-AD51, 1840-AD65,
1840-AD67,  and 1840-AD80).  We  received the rule on January 24, 2024. It was published
in the Federal Register as final regulations on October 31, 2023. 88 Fed. Reg. 74568.
The effective date is July 1, 2024.

According to ED, this final rule amends the regulations implementing title IV of the Higher
Education Act of 1965, as amended  (HEA), related to financial responsibility, administrative
capability, certification procedures, and ability to benefit (ATB). See generally Pub. L.
No. 89-329, title IV, 79 Stat. 1219, 1232 (Nov. 8, 1965). ED stated that it amended the financial
responsibility regulations to increase its ability to identify high-risk events at institutions of higher
education and require financial protection as needed. ED also stated that it amended and
added  administrative capability provisions to enhance the capacity for institutions to
demonstrate  their ability to continue to participate in the financial assistance programs
authorized under title IV of the HEA (title IV, HEA programs). ED stated further that it amended
the certification procedures to create a more rigorous process for certifying institutional eligibility
to participate in the title IV, HEA programs. Finally, ED stated that it amended the ATB
regulations related to student eligibility for non-high school graduates.

Enclosed  is our assessment of ED's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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