[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Pages 12096-12097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5222]
[[Page 12095]]
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Part III
Department of Education
_______________________________________________________________________
34 CFR Part 75
Direct Grant Programs; Final Rule
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules
and Regulations
[[Page 12096]]
DEPARTMENT OF EDUCATION
34 CFR Part 75
RIN 1880-AA61
Direct Grant Programs
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the Education Department General
Administrative Regulations (EDGAR) to permit the Department to consider
for funding, under appropriate discretionary grant programs
administered by the Department, unsolicited grant applications. The
Secretary takes this action as part of the Department's overall effort
at re-invention. The authority to consider unsolicited applications
allows the Department to respond to truly exceptional applications of
national significance that might not conform to the Department's
announced annual competitions.
EFFECTIVE DATE: These regulations take effect April 3, 1995.
FOR FURTHER INFORMATION CONTACT: Greg Vick, Grants Division, GCS, U.S.
Department of Education, (Room 3636, ROB-3), 600 Independence Avenue,
S.W., Washington, D.C., 20202-4700. Telephone: (202) 708-8199.
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 Secretary amends EDGAR to make a change
in the procedures for selecting applications for new grants. The
Secretary continues to believe that the vast majority of discretionary
grant funds should be awarded on the basis of competition, and that for
some of these competitions the Department should establish funding
priorities in order to focus limited resources on critical issues and
problems. However, the Secretary is also concerned that the constraints
of the Department's grant schedules and funding priorities may preclude
the Department's consideration of truly exceptional applications
representing novel approaches to issues facing the nation or other
groundbreaking ideas or methods appropriate to Department of Education
programs.
Under these amendments to EDGAR, the Department will continue to
use existing procedures for announcing grant competitions and selecting
applications for new grants. On what the Secretary expects to be rare
occasions, the Secretary will also consider unsolicited applications
that were not submitted in response to an application notice published
in the Federal Register. However, the Secretary does not consider
unsolicited applications under a program if the program office has
published a notice in the Federal Register indicating that unsolicited
applications will not be considered for that year.
Any unsolicited applications that meet the requirements for
existing or upcoming competitions of the Department will be considered
under those competitions. Applications that could have been considered
under competitions for which deadlines have passed will not be
considered for funding as unsolicited applications unless the Secretary
determines on an individual basis that, because of an exceptional
circumstance, consideration of an application is warranted. Inability
to meet a deadline for submitting an application under a grant
competition, by itself, is not such a circumstance.
Analysis of Comments and Changes
The Secretary published a notice of proposed rulemaking (NPRM) on
December 9, 1994 (59 FR 63878). Two comments were received on the NPRM.
Except for minor editorial and technical revisions, the Secretary has
made no changes in these regulations since publication of the NPRM. A
note has been added following Sec. 75.222 informing applicants of the
address to which unsolicited applications should be sent to assure
prompt consideration. An analysis of the comments follows.
Comment: One commenter expressed support for the amendments
permitting the Secretary to consider unsolicited applications.
Discussion: None.
Changes: None.
Comment: One commenter questioned the source of the money to fund
unsolicited applications and recommended an annual competition without
priorities, format requirements, or regulations, to fund unsolicited
applications.
Discussion: Funding for unsolicited applications will come from
available, but unobligated, funds for the program under which the
application is considered for selection. An unsolicited application
would be considered only if it would not have an adverse impact on the
funds available for other awards planned for the program. Since the
unsolicited applications would not be competing against each other, but
would be considered on an individual basis to determine if they are of
exceptional quality, the Secretary believes limiting the consideration
of unsolicited applications to an annual competition would be
unnecessarily restrictive.
Changes: None.
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
List of Subjects in 34 CFR Part 75
Education Department, Grant programs--education, Grant
administration, Incorporation by reference.
(Catalog of Federal Domestic Assistance Number does not apply)
Dated: February 27, 1995.
Richard W. Riley,
Secretary of Education.
The Secretary amends part 75 of title 34 of the Code of Federal
Regulations as follows:
PART 75--DIRECT GRANT PROGRAMS
1. The authority citation for part 75 is revised to read as
follows:
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.
2. Section 75.219 is amended by removing the word ``or'' at the end
of paragraph (a), removing the period at the end of paragraph (b)(3)
and adding, in its place, ``; or'' and adding a new paragraph (c) to
read as follows:
Sec. 75.219 Exceptions to the procedures under Sec. 75.217.
* * * * *
(c) The Secretary receives an unsolicited application that meets
the requirements of Sec. 75.222.
3. Section 75.222 is redesignated as Sec. 75.221.
4. A new Sec. 75.222 is added to read as follows:
Sec. 75.222 Procedures the Department uses under Sec. 75.219(c).
If the Secretary receives an unsolicited application, the Secretary
may consider the application under the following procedures unless the
Secretary has published a notice in the Federal Register stating that
the program that would fund the application would not consider
unsolicited applications:
(a)(1) The Secretary determines whether the application could be
funded under a competition planned or conducted for the fiscal year
under which funds would be used to fund the application.
[[Page 12097]]
(2)(i) If the application could be funded under a competition
described in paragraph (a)(1) of this section and the deadline for
submission of applications has not passed, the Secretary refers the
application to the appropriate competition for consideration under the
procedures in Sec. 75.217.
(ii)(A) If the application could have been funded under a
competition described in paragraph (a)(1) of this section and the
deadline for submission of applications has passed, the Secretary may
consider the application only in exceptional circumstances, as
determined by the Secretary.
(B) If the Secretary considers an application under paragraph
(a)(2)(ii) of this section, the Secretary considers the application
under paragraphs (b) through (e) of this section.
(iii) If the application could not be funded under a competition
described in paragraph (a)(1) of this section, the Secretary considers
the application under paragraphs (b) through (e) of this section.
(b) If an application may be considered under paragraphs (a)(2)(ii)
or (iii) of this section, the Secretary determines if--
(1) There is a substantial likelihood that the application is of
exceptional quality and national significance for a program
administered by ED;
(2) The application meets the requirements of all applicable
statutes and codified regulations that apply to the program; and
(3) Selection of the project will not have an adverse impact on the
funds available for other awards planned for the program.
(c) If the Secretary determines that the criteria in paragraph (b)
of this section have been met, the Secretary assembles a panel of
experts that does not include any employees of the Department to review
the application.
(d) The experts--
(1) Evaluate the application based on the selection criteria; and
(2) Determine whether the application is of such exceptional
quality and national significance that it should be funded as an
unsolicited application.
(e) If the experts highly rate the application and determine that
the application is of such exceptional quality and national
significance that it should be funded as an unsolicited application,
the Secretary may fund the application.
Note to Sec. 75.222: To assure prompt consideration, applicants
submitting unsolicited applications should send the application,
marked ``Unsolicited Application'' on the outside, to the Chief,
Application Control Center, U.S. Department of Education,
Washington, DC 20202-4725.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[FR Doc. 95-5222 Filed 3-2-95; 8:45 am]
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