[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Page 47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23214]


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DEPARTMENT OF EDUCATION

Office of Postsecondary Education; Federal Work-Study Programs

AGENCY: Department of Education.

ACTION: Notice of the closing date for institutions to submit a request 
for a waiver of the requirement that an institution shall use at least 
5 percent of the total amount of its Federal Work-Study (FWS) Federal 
funds granted for the 1996-97 award year to compensate students 
employed in community service jobs.

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SUMMARY: The Secretary gives notice to institutions of higher education 
of the deadline for an institution to submit a written request for a 
waiver of the statutory requirement that an institution shall use at 
least 5 percent of its total FWS Federal funds granted for the 1996-97 
award year (July 1, 1996 through June 30, 1997) to compensate students 
employed in community service jobs.

DATES: Closing Date for submitting a Waiver Request and any Supporting 
Information or Documents: October 18, 1996. An institution must mail or 
hand-deliver its waiver request and any supporting information or 
documents on or before October 18, 1996. The Department will not accept 
a waiver request submitted by facsimile transmission. The waiver 
request must be submitted to the Institutional Financial Management 
Division at one of the addresses indicated below.

ADDRESSES: Waiver Request and any Supporting Information or Documents 
Delivered by Mail. The waiver request and any supporting information or 
documents delivered by mail must be addressed to Ms. JoAnn Pease, 
Institutional Financial Management Division, U.S. Department of 
Education, P.O. Box 23781, Washington, D.C. 20026-0781.
    An applicant must show proof that the applicant mailed its waiver 
request by October 18, 1996. Proof of mailing consists of one of the 
following: (1) A legible mail receipt with the date of mailing stamped 
by the U.S. Postal Service, (2) a legibly dated U.S. Postal Service 
postmark, (3) a dated shipping label, invoice, or receipt from a 
commercial carrier, or (4) any other proof of mailing acceptable to the 
U.S. Secretary of Education.
    If a waiver request is sent through the U.S. Postal Service, the 
Secretary does not accept either of the following as proof of mailing: 
(1) A private metered postmark, or (2) a mail receipt that is not dated 
by the U.S. Postal Service. An institution should note that the U.S. 
Postal Service does not uniformly provide a dated postmark. Before 
relying on this method, an institution should check with its local post 
office. An institution is encouraged to use certified or at least 
first-class mail. Institutions that submit waiver requests and any 
supporting information or documents after the closing date will not be 
considered for a waiver.
    Waiver Requests and any Supporting Information or Documents 
Delivered by Hand. A waiver request and any supporting information or 
documents delivered by hand must be taken to Ms. JoAnn Pease, Campus-
Based Financial Operations Branch, Institutional Financial Management 
Division, Accounting and Financial Management Service, Student 
Financial Assistance Programs, U.S. Department of Education, Room 4714, 
Regional Office Building 3, 7th and D Streets, S.W., Washington, D.C.
    Hand-delivered waiver requests will be accepted between 8:00 a.m. 
and 4:30 p.m. daily (Eastern time), except Saturdays, Sundays, and 
Federal holidays. A waiver request for the 1996-97 award year that is 
hand-delivered will not be accepted after 4:30 p.m. on October 18, 
1996.

SUPPLEMENTARY INFORMATION: Under section 443(b)(2)(A) of the Higher 
Education Act of 1965, as amended (HEA), an institution must use at 
least 5 percent of the total amount of its FWS Federal funds granted 
for an award year to compensate students employed in community service. 
The Secretary may waive this requirement if the Secretary determines 
that enforcing it would cause hardship for students at the institution. 
The institution must submit a written waiver request and any supporting 
information or documents by the established October 18, 1996 closing 
date.
    The waiver request must be signed by an appropriate institutional 
official and above the signature the official must include the 
statement: ``I certify that the information the institution provided in 
this waiver request is true and accurate to the best of my knowledge. I 
understand that the information is subject to audit and program review 
by representatives of the Secretary of Education.'' If the institution 
submits a waiver request and any supporting information or documents 
after October 18, 1996, the request will not be considered.
    To receive a waiver, an institution must demonstrate that complying 
with the 5 percent requirement would cause hardship for students at the 
institution. To allow flexibility to consider factors that may be valid 
reasons for a waiver, the Secretary is not specifying the specific 
circumstances that would support granting a waiver. However, the 
Secretary does not foresee many instances in which a waiver will be 
granted. The fact that it may be difficult for the institution to 
comply with this provision of the HEA is not a basis for granting a 
waiver.

Applicable Regulations

    The following regulations apply to the Federal Work-Study program:
    (1) Student Assistance General Provisions, 34 CFR Part 668.
    (2) Federal Work-Study Programs, 34 CFR Part 675.
    (3) Institutional Eligibility Under the Higher Education Act of 
1965, as amended, 34 CFR Part 600.
    (4) New Restrictions on Lobbying, 34 CFR Part 82.
    (5) Government Debarment and Suspension (Nonprocurement) and 
Government Requirements for Drug-Free Workplace (Grants), 34 CFR Part 
85.
    (6) Drug-Free Schools and Campuses, 34 CFR Part 86.

FOR FURTHER INFORMATION CONTACT: To receive information, contact Ms. 
JoAnn Pease, Institutional Financial Management Division, U.S. 
Department of Education, P.O. Box 23781, Washington, D.C. 20026-0781. 
Telephone (202) 708-9797. 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.

(Authority: 42 U.S.C. 2753).

(Catalog of Federal Domestic Assistance Number: 84.033 Federal Work-
Study Program)

    Dated: August 30, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 96-23214 Filed 9-10-96; 8:45 am]
BILLING CODE 4000-01-P