[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Rules and Regulations]
[Pages 15446-15447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7273]



      

[[Page 15445]]

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Part VIII





Department of Education





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34 CFR Part 607



Strengthening Institutions Program; Rule and Notice

  Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules 
and Regulations  
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[[Page 15446]] 


DEPARTMENT OF EDUCATION

34 CFR Part 607

RIN 1840-AC15


Strengthening Institutions Program

AGENCY: Department of Education.

ACTION: Final regulations and notice of effective date.

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SUMMARY: The Secretary revises the regulations governing the 
Strengthening Institutions Program published in the Federal Register on 
August 15, 1994 (59 FR 41914) to conform them to statutory provisions 
that authorize grants to Hispanic-serving Institutions (HSIs). The 
regulations make technical changes in the existing regulations to 
incorporate the statutory amendments.

EFFECTIVE DATES: The regulations published on August 15, 1994 (59 FR 
41914) became effective on September 29, 1994. The regulations in this 
document take effect April 24, 1995.

FOR FURTHER INFORMATION CONTACT: Jerry M. Whitlock, U.S. Department of 
Education, 600 Independence Avenue, S.W., Suite 600, Portals Building, 
Washington, D.C. 20202-5335. Telephone: (202) 708-9926. 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:

A. Background

    Section 316 of the Higher Education Act of 1965, as amended (HEA), 
authorizes the Secretary to make grants to HSIs to enable them to 
improve and expand their capacity to serve Hispanic and low-income 
students by carrying out activities described in section 316(c)(2) of 
the HEA and repeated in Sec. 607.10(b)(8). To receive a grant under 
section 316, an institution must qualify as an eligible institution 
under the Strengthening Institutions program and must be determined by 
the Secretary to be an HSI. The Secretary determines that an eligible 
institution under the Strengthening Institutions program qualifies as 
an HSI if--(1) when it applies for a grant, at least 25 percent of its 
enrollment of undergraduate full-time equivalent students are Hispanic 
students; and (2) it assures that not less than 50 percent of its 
Hispanic students are low-income individuals who are first generation 
college students, and another 25 percent of its Hispanic students are 
either low-income or first generation college students.
    Grants to HSIs, as part of the Strengthening Institutions program, 
are an important part of implementing the National Educational Goals. 
Specifically, the grants address the goal that calls for every adult 
American to possess the knowledge and skills necessary to compete in a 
global economy and exercise the rights and responsibilities of 
citizenship, by expanding educational opportunities for students who 
attend HSIs.

B. Explanation of Changes

    The Higher Education Amendments of 1992, Pub. L. 102-325, amended 
section 316 of the HEA. The Secretary amends regulations in 34 CFR Part 
607 to conform them to the amended statute.
    The statutory amendments incorporated in the regulations:

--Authorize section 316 grants to assist HSIs to plan, develop, 
undertake, and carry out approved program activities.
--Define an HSI.
--Define the terms ``first generation college student'' and ``low-
income individual'' in Sec. 607.7, and add a definition of the term 
``Hispanic student.'' This definition was taken from the definition of 
that term in OMB Directive No. 15.
--Add activities that may be carried out under a grant authorized under 
section 316 of the HEA to an HSI.
--Require a 5-year plan for improving the assistance provided by the 
HSI to Hispanic and low-income students.
--Establish a priority funding for applications for grants under 
section 316 that contain satisfactory evidence that such applicants 
have entered into or will enter into a collaborative arrangement with 
at least one local educational agency to provide such agency with 
assistance in reducing Hispanic dropout rates, improving Hispanic rates 
of academic achievement, and increasing the rates at which Hispanic 
high school graduates enroll in higher education.
--Establish a restriction that no HSI which receives funds under 
section 316 may concurrently receive other funds under the 
Strengthening Institutions Program, Strengthening Historically Black 
Colleges and Universities program, or Strengthening Historically Black 
Graduate Institutions program.
--Amend Sec. 607.3(b) by removing the word ``waives'' in paragraph (b), 
and adding, in its place, the words ``may waive'' to clarify that the 
Secretary's decision to grant a waiver is discretionary.

Executive Order 12900

    These final regulations support the President's goals expressed in 
Executive Order 12900 on ``Educational Excellence for Hispanic 
Americans'' by advancing the development of human potential, 
strengthening the Nation's capacity to provide high-quality education, 
and increasing opportunities for Hispanic Americans to participate in 
and benefit from Federal education programs.

Intergovernmental Review

    The 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 the order, this document is intended to provide 
early notification of the Secretary's specific plans and actions for 
this program.

Assessment of Educational Impact

    The Secretary has determined that the regulations in this document 
do not require transmission of information that is being gathered by or 
is available from any other agency or authority of the United States.

Waiver of Proposed Rulemaking

    It is the practice of the Secretary to offer interested parties the 
opportunity to comment on proposed regulations in accordance with the 
Administrative Procedure Act (5 U.S.C. 553). However, since these 
changes merely incorporate statutory amendments into the regulations 
and do not implement substantive policy, public comment could have no 
effect. Therefore, the Secretary has determined pursuant to 5 U.S.C. 
553(b)(B) that public comment on the regulations is unnecessary and 
contrary to the public interest.

List of Subjects in 34 CFR Part 628

    Colleges and universities, Education, Reporting and recordkeeping 
requirements.

    Dated: March 20, 1995.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
(Catalog of Federal Domestic Assistance Number 84.031A--
Strengthening Institutions Program)

    The Secretary amends Part 607 of Title 34 of the Code of Federal 
Regulations as follows: [[Page 15447]] 

PART 607--STRENGTHENING INSTITUTIONS PROGRAM

    1. The authority citation for Part 607 continues to read as 
follows:

    Authority: 20 U.S.C. 1057-1059, 1066-1069f, unless otherwise 
noted.

    2. Section 607.2 is amended by redesignating paragraph (d) as 
paragraph (e)(1); adding new paragraphs (d) and (e)(2); and revising 
the authority citation to read as follows:


Sec. 607.2  What institutions are eligible to receive a grant under the 
Strengthening Institutions Program?

* * * * *
    (d) A Hispanic-serving institution (HSI) may receive a grant 
authorized under section 316 of the HEA if--
    (1) It is an eligible institution under this part;
    (2) It provides assurances that--
    (i) When it applies for a grant, its enrollment of undergraduate 
full-time equivalent students is at least 25 percent Hispanic students 
;
    (ii) Not less than 50 percent of its Hispanic students are low-
income individuals who are first generation college students; and
    (iii) Another 25 percent of its Hispanic students are either low-
income individuals or first generation college students.
    (e) * * *
    (2) An HSI that receives a grant under section 316 of the HEA may 
not concurrently receive grant funds under the Strengthening 
Institutions program, Strengthening Historically Black Colleges and 
Universities program, or Strengthening Historically Black Graduate 
Institutions program.

(Authority: 20 U.S.C. 1057 et seq.)


Sec. 607.3  [Amended]

    3. Section 607.3 is amended by removing the word ``waives'' in 
paragraph (b), and adding, in its place, the words ``may waive''.
    4. Section 607.7 is amended by redesignating paragraph (b) as 
paragraph (c); adding a new paragraph (b); adding a new definition of 
``Hispanic student'' to redesignated paragraph (c) in alphabetical 
order; and revising the authority citation to read as follows:


Sec. 607.7  What definitions apply?

* * * * *
    (b) The following terms used in this part are defined in section 
316 of the HEA:

First generation college student
Hispanic-serving institution
Low-income individuals

    (c) * * *
    Hispanic student means a person of Mexican, Puerto Rican, Cuban, 
Central or South American, or other Spanish culture or origin, 
regardless of race.
* * * * *
(Authority: 20 U.S.C. 1051, 1057-1059 and 1066-1069f; OMB Directive 
No. 15)

    5. Section 607.10 is amended by removing the word ``or'' at the end 
of paragraph (b)(5)(ii); removing the period at the end of paragraph 
(b)(6)(ii), and adding, in its place, a semicolon; removing the period 
at the end of paragraph (b)(7), and adding, in its place, ``; or''; 
adding a new paragraph (b)(8); and revising the authority citation to 
read as follows:


Sec. 607.10  What activities may and may not be carried out under a 
grant?

* * * * *
    (b) * * *
    (8) For grants authorized under section 316 of the HEA to HSIs--
    (i) Purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional and 
research purposes;
    (ii) Renovation and improvement in classroom, library, laboratory, 
and other instructional facilities;
    (iii) Support of faculty exchanges, faculty development, and 
faculty fellowships to assist in attaining advanced degrees in their 
field of instruction;
    (iv) Curriculum development and academic instruction;
    (v) Purchase of library books, periodicals, microfilm, and other 
educational materials;
    (vi) Funds and administrative management, and acquisition of 
equipment for use in strengthening funds management;
    (vii) Joint use of facilities such as laboratories and libraries; 
and
    (viii) Academic tutoring and counseling programs and student 
support services.
* * * * *
(Authority: 20 U.S.C. 1057 et seq.)

    6. Section 607.11 is amended by removing the word ``and'' at the 
end of paragraph (b); removing the period at the end of paragraph 
(d)(3), and adding, in its place, ``; and''; adding a new paragraph 
(e); and revising the authority citation to read as follows:


Sec. 607.11  What must be included in individual development 
applications?

* * * * *
    (e) For a grant under section 316 of the HEA to an HSI, as a part 
of the applicant's Comprehensive Development Plan (CDP) required in 
Sec. 607.8, a five-year plan for improving the assistance provided by 
the HSI to Hispanic and other low-income students.

(Authority: 20 U.S.C. 1057 et seq.)

    7. Section 607.20 is amended by adding the word ``individual'' 
before the word ``grantees'' in paragraph (b)(1); by removing the words 
``a grantee'' in paragraph (b)(1), and adding, in their place, the 
words ``an individual grantee''; and by removing the words ``a 
grantee'' in paragraph (b)(2), and adding, in their place, the words 
``an individual grantee''.
    8. Section 607.23 is amended by adding a new paragraph (e) and 
revising the authority citation to read as follows:


Sec. 607.23  What special funding consideration does the Secretary 
provide?

* * * * *
    (e) The Secretary gives priority to applications from HSIs that 
contain satisfactory evidence that the HSI has entered into or will 
enter into a collaborative arrangement with at least one local 
educational agency to provide that agency with assistance (from funds 
other than funds provided under Title III Part A of the HEA) in--
    (1) Reducing the dropout rates of Hispanic students;
    (2) Improving rates of academic achievement of Hispanic students; 
and
    (3) Increasing the rates at which Hispanic high school graduates 
enroll in higher education.

(Authority: 20 U.S.C. 1057 et seq.)

[FR Doc. 95-7273 Filed 3-22-95; 8:45 am]
BILLING CODE 4000-01-P