[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15074-15077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05937]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket No. ED-2014-OPE-0037; CFDA Number: 84.229A.]


Proposed Priority--Language Resource Centers Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Acting Assistant Secretary for Postsecondary Education 
proposes a priority for the Language Resource Centers (LRC) 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 make international education 
opportunities available to more American students.

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 Michelle Guilfoil, U.S. Department of Education, 1990 K Street 
NW., room 6107, Washington, DC 20006-8502.
    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: Michelle Guilfoil. Telephone: (202) 
502-7625 or by email: mailto:[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 proposed priority. To ensure that your comments have maximum 
effect in developing the final priority, we urge you to identify 
clearly the section of the proposed priority 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 public 
comments about this notice 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 LRC Program is to provide 
grants for establishing, strengthening, and operating centers that 
serve as resources for improving the Nation's capacity for teaching and 
learning foreign languages through teacher training, research, 
materials development, and dissemination projects.

    Program Authority:  20 U.S.C. 1123.
    Applicable Program Regulations: 34 CFR parts 655 and 669.
    Proposed Priority: This notice contains one proposed priority.

Background

    Through the LRC Program, the Department makes awards to 
institutions of higher education or consortia of institutions of higher 
education to establish, strengthen, and operate centers that serve as 
resources for improving the Nation's capacity for teaching and learning 
foreign languages through teacher training, research, materials 
development, and dissemination projects. The objective of the LRC 
Program is to increase the national capacity in world language 
instruction and learning and to promote the research and dissemination 
of effective language instruction materials and techniques, among other 
allowable activities.
    We propose a priority for applications that propose collaborative 
activities with a Minority-Serving Institution (MSI) or community 
college. We intend

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for this priority to address a gap in the types of institutions, 
faculty, and students that have historically benefitted from the 
instruction, training, and outreach available at Language Resource 
Centers. Currently, the Language Resource Centers conduct collaborative 
activities with MSIs and with community colleges only ad hoc, which 
limits the extent to which the training and research resources of those 
centers are available to and accessed by students and faculty at MSIs 
and community colleges. We believe that by specifying the types of 
institutional collaborations that the Language Resource Centers should 
engage in, and the types of collaborative activities they should 
conduct, the activities are more likely both to have a meaningful and 
measurable effect on students and faculty at MSIs and community 
colleges and be institutionalized and sustained.
    Research data indicate that minority students are less likely to 
have access to, or consider academic programs that provide the 
requisite training for careers in international service, including 
study abroad and area studies. (Tillman, ``Diversity in Education 
Workshop Summary Report'', September, 2010.)
    Among the barriers preventing these students from pursuing 
international studies are a lack of exposure to international 
opportunities, and lack of access to information, including information 
about international careers. (Belyavina and Bhandari, ``Increasing 
Diversity in International Careers: Economic Challenges and 
Solutions'', International Institute of Education, November 2011.)
    We believe that by encouraging LRC institutions and MSIs and 
community colleges to jointly plan, conduct, and implement activities, 
the international programming, student instruction, career advising, 
and faculty development opportunities on all campuses will be 
strengthened and expanded. These collaborations also enhance 
institutional capacity to recruit students into international studies 
and foreign language training.
    We believe that successful institutional collaborations between LRC 
institutions and MSIs and community colleges will increase the access 
of traditionally underserved populations to opportunities for foreign 
language learning and the visibility of international and foreign 
language programs and activities on the campuses of MSIs and community 
colleges.
    For this priority, we propose a definition of ``Minority-Serving 
Institution'' that would include institutions eligible to receive 
assistance under Sec. Sec.  316 through 320 of part A or under part B 
of Title III or under Title V of the HEA. Title III 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. Title V targets Hispanic-Serving Institutions because of 
the high percentage of Hispanic Americans who are at high risk of not 
enrolling or graduating from institutions of higher education. The law 
was designed to reduce the rising disparity between the enrollment of 
non-Hispanic white students and Hispanic students in postsecondary 
education.
    Accordingly, we propose to use this definition of MSI because both 
Title III and Title V programs target college student populations that 
are underrepresented in international education, and we would like to 
increase the representation of these groups through collaboration 
between Title III/Title V institutions and Title VI grantee 
institutions.
    Because the purpose of the priority is to make international 
education opportunities available to more American students, we propose 
a definition of ``community college'' for use with this priority that 
is broader than the definition in the HEA. The definition of ``junior 
or community college'' in section 312(f) of the HEA (20 U.S.C. 1058(f)) 
excludes institutions that award bachelor's and graduate degrees. For 
the purpose of this priority, we propose to include in the definition 
of ``community college'' institutions that offer bachelor's or graduate 
degrees if more than 50 percent of the degrees and certificates they 
award are degrees and certificates that are not bachelor's or graduate 
degrees. We propose this definition 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 that propose significant and sustained collaborative 
activities with a Minority-Serving Institution (MSI) (as defined in 
this notice) or a community college (as defined in this notice). These 
activities must be designed to incorporate foreign languages into the 
curriculum of the MSI or community college and to improve foreign 
language instruction on the MSI or community college campus.
    For the purposes 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 means an institution that is eligible 
to receive assistance under Sec. Sec.  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 and Definitions
    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 this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order

[[Page 15076]]

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 proposed 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 this proposed priority only on 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 LRC 
Program by including more detailed guidance to assist applicants in 
responding to the Evaluation Plan criterion in Sec. Sec.  655.31 and 
669.21 of the application; and by requiring one new performance measure 
form (PMF). The PMF will require applicants to identify project goals 
and project-specific measures for the LRC Program 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 LRC Program.
    The IFLE Office developed this PMF so that applicants may propose 
projects with high-quality implementation plans at the outset and will 
require them to lay a stronger foundation for reporting progress and 
performance results. Additionally, the form will provide the Department 
information that is more useful and valid in demonstrating to Congress 
and other stakeholders the impact of LRC project.
    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 form is 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 Evaluation Plan criterion in the LRC Program regulations 
evaluates ``the quality of the evaluation plan for the project'' and 
whether ``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. We will include in the application 
detailed guidance 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, we have developed a project-specific PMF and 
a GPRA PMF. These forms contain the same elements: (a) Project goal 
statement; (b) Performance measures; (c) Activities; (d) Data/
Indicators; (e) Frequency; (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 
goal that the institutions have deemed as important to the proposed LRC 
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.
    We expect the new evaluation plan for this information collection 
will increase the applicant burden by an estimated 20 hours per 
response for a total burden of 100 hours. We believe that this 
additional time will improve the quality of the submitted applications, 
and subsequently improve the application review, grant making, and 
performance 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

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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-
0037.
    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 1840-0808 ED-2014-OPE-
0037.
    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 13, 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. 2014-05937 Filed 3-17-14; 8:45 am]
BILLING CODE 4000-01-P