[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Proposed Rules]
[Pages 43640-43642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21568]


      

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Part IV





Department of Education





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34 CFR Part 75 et al.



48 CFR Chapter 34



Regulatory Reinvention; Proposed Rule

  Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / 
Proposed Rules  

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DEPARTMENT OF EDUCATION

34 CFR Parts 75, 76, 77, 270, 271, 272, 607, 642, 648, 662, 663, 
664 and 48 CFR Chapter 34


Regulatory Reinvention

AGENCY: Department of Education.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Secretary is giving the public early notice of actions he 
intends to take to simplify regulations and reduce regulatory burden. 
This notice solicits public input to help guide the Department in 
developing proposed amendments to certain regulations.

DATES: Comments will be most useful if submitted by September 23, 1996 
or by the date specified in the section discussing the relevant 
regulations or programs.

ADDRESSES: All comments should be addressed to the individual listed in 
the relevant program sections.

FOR FURTHER INFORMATION CONTACT:
The individual listed in the ``Contact'' portion of the section 
discussing the relevant regulations or programs. 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 except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The President, on March 4, 1995, announced a Regulatory Reinvention 
Initiative to reform the Federal regulatory system. The Initiative 
required all Federal agencies to review their regulations page by page. 
Regulators were asked to eliminate obsolete regulations, improve or 
reinvent regulations, revise regulations to reward results rather than 
process, and streamline regulations to achieve agency goals in the most 
efficient and least intrusive way possible. Since March of 1995, the 
Department has been reviewing thoroughly all of its regulations 
pursuant to the President's instructions.
    As directed by the President, in June of 1995 each Federal agency 
submitted a plan to the Director of the Office of Management and Budget 
describing the actions it planned to take to eliminate or improve 
existing regulations. The Secretary promised the President that the 
Department would eliminate or reinvent 1,984 pages of regulations, 
representing 93% of the Department's regulations. As of June 30, 1996, 
the Department has achieved well over one-half of its goals. The 
Department has eliminated or reinvented 1347 pages (approximately 68%) 
of the regulations the Department promised it would change. In 
addition, comprehensive legislative reinvention proposals regarding the 
Individuals with Disabilities Education Act and adult and vocational 
education are pending in Congress that would affect 512 pages (26%) of 
the regulations that the Department is committed to eliminating or 
improving. The remaining 289 pages that the Department promised to 
eliminate or improve have been or are being reviewed, and Department 
employees are developing final regulations or notices of proposed 
rulemaking to eliminate or improve the regulations.

Examples of Regulatory Reinvention

    The Department already has made a number of reforms that have led 
to fewer regulations and better decisions about when to regulate. The 
Office of the Federal Register proposed that the Department publish an 
additional fourth volume for Title 34 of the Code of Federal 
Regulations; the Department avoided this action by removing enough 
regulations to obviate the need for a fourth volume.
    One specific example of regulatory reform is the Department's 
decision not to issue regulations to implement the Goals 2000 and 
School-to-Work statutes, giving schools, school districts, and States 
maximum flexibility to use funds within statutory limits.
    The Department has made a number of changes to the student 
financial aid regulations that eliminate paperwork burden, increase 
flexibility, and reduce regulatory requirements for certain colleges 
and universities. These changes include relieving colleges and 
universities with sound financial standing and good refund processing 
histories of the requirement to maintain a cash reserve fund to cover 
tuition refunds and allowing institutions with access to the National 
Student Loan Data System (NSLDS) once in operation, to use that system 
to obtain financial aid transcripts.
    In one of the most far-reaching changes, the Department eliminated 
discretionary grant application requirements for non-competing 
continuation awards, substantially reducing paperwork burden on 
applicants and streamlining the Department's grant award process. 
Instead, the Department will approve budgets for the entire project 
period and will base approval of non-competing continuation awards 
solely on the grantees' performance reports. This reform will save 
6,000 grantees from submitting applications each year.

Invitation to Comment

    The Secretary invites comments on the Department's plans to revise 
the administrative and program regulations discussed below. After 
considering the comments received in response to this advance notice, 
the Secretary intends to publish notices of proposed rulemaking with an 
opportunity for further public comment before implementing any 
amendments to the regulations.
    Interested persons are invited to submit comments and 
recommendations regarding the Department's plans to the individual 
listed in the ``Contact'' section of the regulations to be amended. 
Comments will be available for public inspection during and after the 
comment period at the specified address between the hours of 9:00 a.m. 
and 4:30 p.m., Monday through Friday of each week except Federal 
holidays.

General Questions

    The Secretary requests comments on the following general questions:
     Would the actions described below provide useful 
regulatory relief?
     Are there other ways the Secretary could reduce costs and 
burdens associated with these regulations?
More specific questions about particular regulations are asked in the 
sections below.

Specific Programs and Regulations

1. Education Department General Administrative Regulations (34 CFR 
Parts 75, 76, and 77)
Proposed Actions
    Parts 75, 76, and 77 of the Education Department General 
Administrative Regulations (EDGAR) contain general requirements that 
govern direct grant programs and State-administered grant programs. The 
Secretary proposes to reduce dramatically the number of regulations in 
parts 75 and 76. The Secretary plans to remove from parts 75, 76, and 
77 those sections that are unnecessary, obsolete or merely explanatory. 
Also, the Secretary plans to update references, renumber sections, and 
consolidate a number of provisions. The Secretary plans to revise the 
evaluation requirements and may add other provisions that will give 
grantees more flexibility in administering a project. Most important, 
the Secretary intends to create a handbook that would contain 
descriptions of procedural requirements and statutory requirements 
instead of putting the

[[Page 43641]]

information in regulations. The Secretary intends to include in 
internal Department directives, as well as in the handbook, those 
provisions currently in EDGAR that regulate Department conduct and do 
not affect recipients. The Secretary is particularly interested in 
comments on whether grant applicants and program beneficiaries would 
find a comprehensive handbook useful.
    Comments will be available for public inspection in Room 3636, GSA 
National Capital Region Building, at 7th and D Streets S.W., 
Washington, D.C.
    Contact: Kathy Thomas by telephone at (202) 708-8287, by writing to 
U.S. Department of Education, 600 Independence Avenue S.W., (Room 3636, 
ROB Building), Washington, D.C. 20202-4248, or by e-mail to kathy_
[email protected].
2. Education Department Acquisition Regulation (48 CFR Chapter 34)
Proposed Actions
    The Secretary plans to make the Education Department Acquisition 
Regulation (EDAR) easier to use by eliminating unnecessary regulations 
and updating provisions. The Secretary would eliminate those 
requirements that duplicate the requirements in the Federal Acquisition 
Regulation, such as Sec. 3404.170 regarding ratification of 
unauthorized contract awards. As another example, the Department would 
eliminate Subpart 3437.2 and related clause 3452.237-70 which require 
all reports prepared by a contractor to contain certain information 
that is no longer necessary.
    The Secretary particularly requests comments on which areas, if 
any, should be deregulated in EDAR.
    Comments will be available for public inspection in Room 3636, GSA 
National Capital Region Building, at 7th and D Streets, S.W., 
Washington, D.C.
    Contact: Cathy Girouard by telephone at (202) 708-8529, by writing 
to U.S. Department of Education, 600 Independence Avenue, S.W. (Room 
3636, ROB Building), Washington, D.C. 20202-4248, or by e-mail to 
[email protected].
3. Desegregation of Public Education Programs (34 CFR Parts 270, 271, 
and 272)
Proposed Actions
    These programs provide grants to projects that help public school 
districts and personnel in the preparation, adoption, and 
implementation of plans for the desegregation of public schools and in 
the development of effective methods of coping with special educational 
problems occasioned by desegregation. In addition to removing redundant 
requirements and unnecessary definitions in the general regulations 
(Part 270), State Educational Agency Program (Part 271), and 
Desegregation Assistance Center Program (Part 272), the Secretary plans 
to consolidate the regulations governing these programs into one CFR 
part. The Secretary expects these changes to highlight distinctions 
between the two programs and result in clearer regulations that are 
easier for grantees to use.
    Comments will be available for public inspection in Room 4500, 
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
    Contact: Adell Washington by telephone at (202) 260-2495, by 
writing to U.S. Department of Education, 600 Independence Avenue, S.W., 
(Room 4500, Portals), Washington, D.C. 20202, or by e-mail to 
[email protected].
4. Strengthening Institutions Program (34 CFR Part 607)
 Proposed Actions
    This program provides grants to institutions of higher education to 
improve their academic programs, institutional management, and fiscal 
stability. The Secretary intends to revise the selection criteria and 
eligibility requirements for the program. The Secretary would like to 
clarify the requirements for demonstrating eligibility for a waiver of 
the statutory eligibility requirements. How should these requirements 
be revised?
    The Secretary would make these changes after the program is 
reauthorized because the Secretary believes it would not be useful to 
devote resources to revising the regulations now when it is possible 
that the statutory requirements may change as a result of 
reauthorization. The program is authorized until September, 1997. The 
Secretary particularly requests comments on whether there are reasons 
why the Department should consider revising the regulations prior to 
reauthorization.
    Comments will be available for public inspection in Room 600C, 
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
    Contact: Louis Venuto by telephone at (202) 708-8839, by writing to 
U.S. Department of Education, 600 Independence Avenue, S.W. (Room 600C, 
Portals Building), Washington, D.C. 20202-5335, or by e-mail to 
[email protected].
5. Training Program for Federal Trio Programs (34 CFR Part 642)
 Proposed Actions
    The Secretary is currently reviewing these regulations and would 
like public comment on how the program and program regulations could be 
improved. For example, could the selection criteria or the 
implementation of the funding priority for applicants that have 
conducted training projects under Title IV of the Higher Education Act 
be improved?
    The Secretary would implement any changes after the program is 
reauthorized because the Secretary believes it would not be useful to 
devote resources to revising the regulations now when it is possible 
the statutory requirements may change in the next year. The program is 
authorized until September, 1997.
    The Secretary particularly requests comments on whether there are 
reasons why the Department should consider revising the regulations 
prior to reauthorization.
    Comments will be available for public inspection in Room 600D, 
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
    Contact: Blanca Rodriguez by telephone at (202) 708-4804, by 
writing to U.S. Department of Education, 600 Independence Avenue, S.W. 
(Room 600D, Portals Building), Washington, D.C. 20202-5249, or by e-
mail to [email protected].
6. Graduate Assistance in Areas of National Need (34 CFR Part 648)
Proposed Actions
    This program provides fellowships through academic departments of 
institutions of higher education to assist graduate students of 
superior ability who demonstrate financial need. The Secretary is 
currently considering changes to these regulations to improve the 
program and reduce regulatory burden. Are there particular regulatory 
provisions that could be eliminated or improved?
    The Secretary would make any changes after the program is 
reauthorized because the Secretary believes it would not be useful to 
devote resources to revising the regulations because the statutory 
requirements may change in the next year. The program is authorized 
until September 30, 1997. The Secretary particularly requests comments 
on whether there are reasons why the Department should consider 
revising the regulations prior to reauthorization.
    Comments will be available for public inspection in Room CYC 80, 
Portals

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Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
    Contact: Cosette Ryan by telephone at (202) 260-3608, by writing to 
U.S. Department of Education, 600 Independence Avenue, S.W. (CYC 80, 
Portals Building), Washington, D.C. 20202-5247, or by e-mail to 
[email protected].
7. Higher Education Programs in Modern Foreign Language Training and 
Area Studies: Doctoral Dissertation Research Abroad Fellowship Program; 
Faculty Research Abroad Fellowship; Group Projects Abroad Program (34 
CFR Parts 662, 663, and 664)
 Proposed Actions
    These programs are designed to contribute to the development and 
improvement of the study of modern foreign languages and area studies 
in the United States by providing opportunities for scholars to conduct 
research abroad. The Secretary intends to improve the application 
review process and to update the regulations in light of developments 
in the field of foreign language, area, and international studies, such 
as political developments abroad, modifications in the policies and 
practices of the J. William Fulbright Foreign Scholarship Board, and 
new interpretations of regulations. These anticipated changes include 
changes in nomenclature, changes in selection criteria, and reduction 
of burden associated with the regulations.
    Would improvements in these areas be useful? Are there additional 
improvements in the regulations that could be made?
    Comments will be available for public inspection in Suite 600, 
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
    Dates: Comments will be most useful if submitted by August 30, 
1996.
    Contact: Karla Ver Bryck Block by telephone at (202) 401-9774, by 
writing to U.S. Department of Education, 600 Independence Avenue, S.W. 
(Suite 600, Portals Building), Washington, D.C. 20202, or by e-mail to 
[email protected].

    Dated: August 19, 1996.
Richard W. Riley,
Secretary of Education.
[FR Doc. 96-21568 Filed 8-22-96; 8:45 am]
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