[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15087-15090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05855]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2014-OPE-0036; CFDA Number: 84.016A.]


Proposed Priority--Undergraduate International Studies and 
Foreign Language (UISFL) Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priority.

-----------------------------------------------------------------------

SUMMARY: The Acting Assistant Secretary for Postsecondary Education 
proposes a priority for the UISFL Program administered by the 
International and Foreign Language Education (IFLE) Office. The Acting 
Assistant Secretary may use this priority for competitions in fiscal 
year (FY) 2014 and later years. We take this action to focus Federal 
financial assistance on an identified national need. We intend the 
priority to address a gap in the types of institutions, faculty and 
students that have historically benefited from international education 
opportunities.

DATES: We must receive your comments on or before April 17, 2014.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Patricia Barrett, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 
20202-2700.

    Privacy Note:  The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Tanyelle Richardson Telephone: (202) 
502-7626 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this priority. To ensure that your comments have maximum effect in 
developing the final priority, we urge you to identify clearly the 
specific proposed priority or definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all comments 
about the proposed priority in Room 6099, 1990 K St. NW., Washington, 
DC between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, 
Monday through Friday of each week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the Undergraduate International 
Studies and Foreign Language (UISFL) Program is to provide grants for 
planning, developing, and carrying out programs to strengthen and 
improve undergraduate instruction in international studies and foreign 
languages.

    Program Authority:  20 U.S.C. 1124.
    Applicable Program Regulations: 34 CFR parts 655 and 658.
    Proposed Priority: This notice contains one proposed priority.
    Background:
    Through the UISFL Program, the Department makes awards to 
institutions of higher education, consortia of institutions of higher 
education, partnerships between nonprofit educational organizations and 
institutions of higher education, or public and private nonprofit 
agencies and organizations, including professional and scholarly 
associations, to plan, develop, and carry out programs to strengthen 
and improve undergraduate instruction in international studies and 
foreign languages.
    The objective of the UISFL Program is to develop and improve 
undergraduate curricula, programs, courses, and

[[Page 15088]]

materials in international studies and foreign languages.
    The Department proposes a priority for UISFL applications from 
Minority-Serving Institutions (MSIs)(as defined in this notice) or 
community colleges (as defined in this notice), whether individually or 
as part of a consortium. If the MSI or community college is the lead 
applicant for a consortium, the application will receive a greater 
number of points under this priority than it would if the MSI or 
community college is a partner in a consortia application and not the 
lead applicant.
    This priority aims to increase the number of MSIs and community 
colleges that become grantees under this program, in order to increase 
their students' access to academic coursework and instructional 
activities and training that would better prepare them for the 21st 
century global economy, careers in international service, and for 
lifelong engagement with the diverse communities in which they will 
live, whether at home or abroad. It also aims to increase the access of 
students attending MSIs and community colleges to academic coursework, 
instructional activities and training related to foreign language and 
international studies, ultimately increasing access to careers in 
international fields for these students. The Department's 
``International Strategy'' expresses the importance of strengthening 
``the global competencies of all U.S. students, including those from 
traditionally disadvantaged groups.'' Community colleges and MSIs are 
heavily populated by students from traditionally disadvantaged groups. 
Currently, opportunities for international studies, foreign language 
learning, study abroad and other international studies and activities 
tend to be more limited at two-year institutions than at four-year 
institutions. In addition, community colleges and MSIs account for a 
small percentage of all grant recipients in programs funded under title 
VI of the Higher Education Act of 1965, as amended (HEA). Targeting 
outreach to these institutions will expand the reach of the UISFL 
program to traditionally disadvantaged groups.
    For this priority, we propose a definition of ``Minority-Serving 
Institution'' that includes institutions eligible to receive assistance 
under sections 316 through 320 of part A of title III, under part B of 
title III, or under title V of the HEA.
    The Department proposes to use this definition because both title 
III and title V programs target college student populations that are 
underrepresented in international education.
    Title III of the HEA reflects our national interest in supporting 
those institutions of higher education that serve low-income and 
minority students so that access to, and quality of, postsecondary 
education opportunities may be enhanced for all students. Under title 
III of the HEA, institutions may receive a designation of eligibility 
depending on their submitted institutional evidence documenting their 
students' income and demographic data.
    Title V of the HEA targets Hispanic-Serving Institutions because of 
the large percentage of Hispanic Americans who are at high risk of not 
enrolling or not graduating from institutions of higher education. The 
law was designed to reduce the disparity between the enrollment of non-
Hispanic white students and Hispanic students in postsecondary 
education, which continues to rise.
    We also propose a definition of ``community college'' that is 
broader than the definition in the HEA. The proposed definition of 
``community college'' in this notice includes some institutions that 
award bachelor's and graduate degrees. The definition of ``junior or 
community college'' in section 312(f) of the HEA (20 U.S.C. 1058(f)) 
excludes such institutions. The Department proposes this definition so 
that institutions that offer bachelor's or graduate degrees are 
eligible to apply for funding under this program, but only if more than 
50 percent of the degrees they award are degrees and certificates that 
are not bachelor's or graduate degrees. The Department proposes this 
definition in order to include institutions that serve significant 
numbers of students enrolled in programs traditionally offered by 
community colleges, such as associate degree and certificate programs.
    Proposed Priority: Applications from Minority-Serving Institutions 
(MSIs) (as defined in this notice) or community colleges (as defined in 
this notice), whether as individual applicants or as part of a 
consortium.
    An application from a consortium that has an MSI or community 
college as the lead applicant will receive more points under this 
priority than applications where the MSI or community college is a 
partner in the consortium but not the lead applicant.
    A consortium must undertake activities designed to incorporate 
foreign languages into the curriculum of the MSI or community college 
and to improve foreign language and international or area studies 
instruction on the MSI or community college campus.
    For the purpose of this priority:
    Community college means an institution that meets the definition in 
section 312(f) of the HEA (20 U.S.C. 1058(f)); or, an institution of 
higher education (as defined in section 101 of the HEA (20 U.S.C. 
1001)) that awards degrees and certificates, more than 50 percent of 
which are not bachelor's degrees (or an equivalent), or master's, 
professional, or other advanced degrees.
    Minority-Serving Institution (MSI) means an institution that is 
eligible to receive assistance under sections 316 through 320 of part A 
of title III, under part B of title III, or under title V of the HEA.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
Awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
Selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority:
    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use the priority we invite applications through a 
notice in the Federal Register.


[[Page 15089]]



Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this regulatory action under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing the proposed priority only upon a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that would maximize net benefits. Based on the analysis that follows, 
the Department believes that this regulatory action is consistent with 
the principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the PRA (44 U.S.C. 3506 (c)(2)(A)).
    The Department plans to revise the information collection for the 
UISFL Program by including more detailed guidance to assist applicants 
in responding to the Plan of Evaluation selection criterion found in 
sections 655.31 and 669.21; and, by requiring one new performance 
measure form (PMF). The PMF will require applicants to identify project 
goals and project-specific measures for the UISFL project they propose 
to conduct. Information will also be provided on how applicants, should 
they become grantees, will meet and report on the Government 
Performance and Results Act (GPRA) measures that have been developed 
for the UISFL Program. The IFLE Office developed this PMF so that 
applicants may propose projects with high-quality implementation plans 
at the outset and that will require them to lay a stronger foundation 
for reporting progress and performance results. Additionally, the form 
will give the Department the capacity to collect and analyze 
information that is more useful and valid in demonstrating to Congress 
and other stakeholders the impact of these programs on the entities 
they serve. This form may result in some additional time requirements 
in the application preparation, but will reduce the total burden hours 
for future grantee reporting as the templates are designed for easy 
data collection and reporting. This form also facilitates the process 
of developing a sound evaluation plan during the application phase of 
the process.
    The Plan of Evaluation criterion in the UISFL Program regulations 
evaluates ``the quality of the evaluation plan for the project,'' and 
provides that ``the methods of evaluation are appropriate for the 
project and, to the extent possible, are objective and produce data 
that are quantifiable'' among other factors. The detailed guidance that 
the Department will include in the information collection (application) 
advises applicants on how to respond to this criterion in a more 
comprehensive and compelling manner.
    In order to standardize the kind of performance data to be 
requested from applicants, the Department developed a project-specific 
PMF and a GPRA PMF. These forms contain the same elements: (a) Project 
goal statement; (b) Performance measure; (c) Project activity; (d) 
Data/Indicators; (e) Frequency of collection; (f) Data source; and (g) 
Baseline and targets, but the purposes for the forms differ.
    Applicants will submit a project-specific form for each project-
specific goal that the institutions have deemed as important to the 
proposed UISFL project. For that reason, the total number of project-
specific PMFs in each application will vary. Applicants will also be 
provided with a sample GPRA PMF for reference purposes.
    The Department expects the new evaluation plan for this information 
collection will increase the applicant burden by an estimated 10 hours 
per response for a total burden of 110 hours. The Department believes 
that this additional time will improve the quality of the submitted 
applications, and subsequently improve the application review, grant 
making, and performance

[[Page 15090]]

reporting processes. When awards are made, grantees will already be 
fully aware of reporting requirements.
    If you want to comment on the proposed information collection 
requirements, please send your comments to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for U.S. 
Department of Education. Send these comments by email to [email protected] or by fax to (202) 395-6974. You may also send a copy of 
these comments to the Department contact named in the ADDRESSES section 
of this preamble or submit electronically through the Federal 
eRulemaking Portal at http://www.regulations.gov by selecting Docket ID 
number ED-2014-OPE-0036.
    Please be advised that the public comment period for submitting 
comments on the notice of proposed priorities (NPP) is the same for 
submitting comments on the information collection (IC); therefore, use 
the NPP Docket number as the identifier for both sets of comments. You 
may, however, submit the NPP comments and the IC comments separately in 
the regulations.gov site.
    We have prepared an ICR for this collection. In preparing your 
comments you may want to review the ICR, which is available at 
www.reginfo.gov. Click on Information Collection Review. This proposed 
collection is identified as proposed collection 1840-0796 ED-2014-OPE-
0036.
    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
Information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, to ensure that OMB gives your comments full consideration, 
it is important that OMB receives your comments by April 17, 2014. This 
does not affect the deadline for your comments to us on the proposed 
regulations.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR Part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: March 12, 2014.
Lynn B. Mahaffie,
Senior Director, Policy Coordination, Development, and Accreditation 
Service, delegated the authority to perform the functions and duties of 
the Assistant Secretary for Postsecondary Education.
[FR Doc. 2014-05855 Filed 3-17-14; 8:45 am]
BILLING CODE 4000-01-P