[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8888]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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DEPARTMENT OF EDUCATION

34 CFR Part 75

 

Drug-Free Schools and Communities Act Regional Centers Program

AGENCY: Department of Education.

ACTION: Waiver of a rule.

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SUMMARY: The Department waives 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.

EFFECTIVE DATE: April 13, 1994.

FOR FURTHER INFORMATION CONTACT: Kimberly C. Light, U.S. Department of 
Education, 400 Maryland Avenue, SW., Washington, DC 20202-6439. 
Telephone: (202) 260-2647. 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 
ESEA.
    Therefore, the Assistant Secretary, in the best interests of the 
Federal Government, extends the current projects for one additional 
year with the Federal Government bearing the cost. This action is 
consistent with the President's mandate to implement cost-effective, 
cost-saving initiatives. In order to make these cost extensions, the 
Assistant Secretary waives the rule 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 waives 34 CFR 
75.261 as applied to the DFSCA Regional Centers Program during FY 1994.
    On January 18, 1994 the Assistant Secretary published a notice 
proposing this waiver in the Federal Register (59 FR 2549).

Public Comment

    In the notice, the Assistant Secretary invited comments on the 
proposed waiver. Seven parties submitted comments and all supported the 
proposal to waive the rule and extend the current project period for 
one additional year. The Assistant Secretary has made no changes in the 
waiver since publication of the proposed notice.

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 
requirements.

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.

Assessment of Educational Impact

    In the notice proposing this waiver, the Assistant Secretary 
requested comments on whether the proposed waiver would require 
transmission of information that is being gathered by or is available 
from any other agency or authority of the United States. Based upon the 
response to the proposed waiver and on its own review, the Department 
has determined that this waiver does not require 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.

(Catalog of Federal Domestic Assistance Number 84.188A Regional 
Centers Program)

    Dated: April 7, 1994.
Thomas W. Payzant,
Assistant Secretary, Elementary and Secondary Education.
[FR Doc. 94-8888 Filed 4-12-94; 8:45 am]
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