[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1117]

[[Page Unknown]]

[Federal Register: January 18, 1994]



Office of Elementary and Secondary Education

34 CFR Part 75


Drug Free Schools and Communities Act Regional Centers Grant 

AGENCY: Department of Education.

ACTION: Waiver of a rule.


SUMMARY: The Department proposes to waive the rule at 34 CFR 75.261 in 
order to extend the project period under the Drug-Free Schools and 
Communities Act (DFSCA) Regional Centers Program from 48 months to 60 
months. This action will allow services under this program to continue 
uninterrupted, and will result in the awarding of 12-month continuation 
awards to each of the five existing grantees, using fiscal year (FY) 
1994 funds.

DATES: Comments must be received by February 17, 1994.

ADDRESSES: Comments should be sent to the Division of Drug-Free Schools 
and Communities, U.S. Department of Education, 400 Maryland Avenue, 
SW., room 2123, Washington, DC, 20202-6439.

FOR FURTHER INFORMATION CONTACT: Kimberly C. Light, Division of Drug-
Free Schools and Communities. Telephone: (202) 401-1599. Individuals 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 
a.m. and 8 p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Regional Centers Program is authorized 
by sections 5111(a)(1) and 5135 of the DFSCA, which is part of the 
Elementary and Secondary Education Act (ESEA). Appropriations for the 
Regional Centers Program were authorized through September 30, 1993 by 
the DFSCA. Section 414 of the General Education Provisions Act (GEPA) 
authorizes an automatic extension of the DFSCA through FY 1994 
(September 30, 1994). The Congress is considering reauthorization of 
the DFSCA, but final action on the reauthorization is not expected 
until late in FY 1994.
    In FY 1990, the Department awarded cooperative agreements for five 
Regional Centers to provide training and technical assistance services 
in drug education and prevention to State educational agencies, local 
educational agencies, and institutions of higher education. The centers 
were each given a project period of 48 months, based on the project 
period announced in the Friday, September 15, 1989, Federal Register. 
Since FY 1990, these centers have been maintained through continuation 
awards in three subsequent fiscal years (FY 1991, FY 1992, and FY 
1993). Each center has received approximately $3 million per year.
    Based on the automatic extension authorized under section 414 of 
GEPA, projects authorized under sections 5111(a)(1) and 5135 of the 
DFSCA can be funded in FY 1994 as well. Any funding after FY 1994 would 
be dependent on future Congressional action with no guarantee that 
projects funded under the current authorization could be supported.
    If a new competition under the existing legislation were held in FY 
1994, the projects could only be funded for a limited project period of 
12 months. In the past, it has taken new centers up to a year to 
``start up,'' given the scope and complexity of the services they 
provide and the time it takes to hire qualified staff and develop plans 
and relationships that are responsive to clients in their regions. The 
Assistant Secretary believes that starting new centers in FY 1994 for 
only 12 months would severely disrupt the quality and level of center 
services. Holding a competition in FY 1994 would impose considerable 
costs at the Federal level without a guarantee that the new centers 
would be able to provide the technical assistance necessary to school 
districts as the Department moves to implement Goals 2000 and the new 
    Therefore, the Assistant Secretary proposes, in the best interests 
of the Federal Government, to extend the current projects for one 
additional year with the Federal Government bearing the cost. This 
proposal is consistent with the President's mandate to implement cost-
effective, cost-saving initiatives. In order to make these cost 
extensions, the Assistant Secretary must waive the regulation at 34 CFR 
75.261, which permits extensions of projects only at no cost to the 
Federal Government. In consideration of the foregoing, the Assistant 
Secretary proposes to waive 34 CFR 75.261 as applied to the DFSCA 
Regional Centers Program during FY 1994.

Regulatory Flexibility Act Certification

    The Assistant Secretary certifies that this waiver would not have a 
significant economic impact on a substantial number of small entities. 
The limited number of entities affected by this waiver are current 
centers and potential applicants under a new competition with a limited 
project period of 12 months.

Paperwork Reduction Act of 1980

    This waiver has been examined under the Paperwork Reduction Act of 
1980 and has been found to contain no information collection 

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR Part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and a 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance. In accordance with this order, this document is 
intended to provide early notification of the Department's specific 
plans and actions for this program.
    Invitation to Comment: Interested persons are invited to submit 
comments and recommendations regarding this waiver of 34 CFR 75.261 
under the DFSCA Regional Centers Program. All comments submitted in 
response to this proposed one-year waiver will be available for public 
inspection, during and after the comment period, in Room 2123, 400 
Maryland Avenue SW, Washington, DC, between the hours of 8:30 a.m. and 
4 p.m., Monday through Friday of each week except on Federal holidays.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether this waiver 
would require transmission of information that is being gathered by or 
is available from any other agency or authority of the United States.

List of Subjects in 34 CFR Part 75

    Education Department, Grant programs--education, Grant 
administration, Incorporation by reference.

    Dated: January 10, 1994.

(Catalog of Federal Domestic Assistance Number 84.188A Regional 
Centers Program)
Thomas W. Payzant,
Assistant Secretary, Elementary and Secondary Education.
[FR Doc. 94-1117 Filed 1-14-94; 8:45 am]