[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Proposed Rules]
[Pages 12622-12626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05412]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2015-OPE-0134]


Proposed Priorities and Definitions--Fulbright-Hays Group 
Projects Abroad Program--Short-Term Projects and Long-Term Projects

    CFDA Numbers: 84.021A and 84.021B.

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priorities and definitions.

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SUMMARY: The Assistant Secretary for Postsecondary Education proposes 
priorities and definitions under the Fulbright-Hays Group Projects 
Abroad (Fulbright-Hays GPA) Program. The Assistant Secretary may use 
these priorities and definitions for competitions in fiscal year (FY) 
2016 and later years. We take this action to focus Federal financial 
assistance on an identified national need. We intend the priorities to 
address a gap in the types of institutions, faculty, and students that 
have historically benefitted from international education 
opportunities.

DATES: We must receive your comments on or before April 11, 2016.

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 the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Reha Mallory, Office of Postsecondary Education, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 3E213, 
Washington, DC 20202.
    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: Reha Mallory. Telephone: (202) 453-
7502 or by email: [email protected].
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment:
    We invite you to submit comments regarding this notice. To ensure 
that your comments have maximum effect in developing the notice of 
final priorities and definitions, 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 these 
proposed priorities and definitions. 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 by accessing Regulations.gov. You may also 
inspect the comments in room 3E203, 400 Maryland Avenue SW., 
Washington, DC 20202, 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. Please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    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

[[Page 12623]]

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 Fulbright-Hays GPA Program supports short-
term and long-term overseas projects in training, research, and 
curriculum development in modern foreign languages and area studies for 
groups of teachers, undergraduate and graduate students, and faculty 
engaged in a common endeavor. Fulbright-Hays GPA short-term projects 
(GPA short-term projects) may include seminars, curriculum development, 
or group research or study. Fulbright-Hays GPA long-term projects (GPA 
long-term projects) support advanced overseas intensive programs that 
focus on the humanities, social sciences, or languages.
    Program Authority: 22 U.S.C. 2452(b)(6).
    Applicable Program Regulations: 34 CFR parts 662 and 664.
    PROPOSED PRIORITIES:
    This notice contains two proposed priorities, one for GPA short-
term projects and one for GPA long-term projects.
    Background:
    The U.S. Department of Education administers the Fulbright-Hays GPA 
Program under the authority of section 102(b)(6) of the Mutual 
Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 
U.S.C. 2452(b)(6). The J. William Fulbright Foreign Scholarship Board, 
which is presidentially appointed, sets policies and procedures for 
administering the program and exercises final approval over the 
selection of grantees and fellows for GPA short-term projects and GPA 
long-term projects.
    The objective of the Fulbright-Hays GPA Program is the promotion, 
improvement, and development of modern foreign languages and area 
studies at varying levels of education. To help achieve this objective, 
the program provides opportunities for faculty, teachers, and 
undergraduate and graduate students to conduct individual and group 
projects overseas to carry out research and study in the fields of 
modern foreign languages and area studies.
    There are three types of GPA short-term projects: (1) Short-term 
seminar projects of four to six weeks in length designed to increase 
the linguistic or cultural competency of U.S. students and educators by 
focusing on a particular aspect of area study, such as the culture of 
an area or country of study (34 CFR 664.11); (2) curriculum development 
projects of four to eight weeks in length that provide participants an 
opportunity to acquire resource materials for curriculum development in 
modern foreign language and area studies for use and dissemination in 
the United States (34 CFR 664.12); and (3) group research or study 
projects of three to twelve months in duration designed to give 
participants the opportunity to undertake research or study in a 
foreign country (34 CFR 664.13).
    GPA long-term projects are advanced overseas intensive language 
projects ranging in duration from eight weeks to four years. GPA long-
term projects are designed to take advantage of the opportunities 
present in the foreign country that are not present in the United 
States when providing intensive advanced foreign language training (34 
CFR 664.14).
    The Department's International Strategy for FY 2012-16, 
``Succeeding Globally Through International Education and Engagement,'' 
available at http://www2.ed.gov/about/inits/ed/internationaled/international-strategy-2012-16.html (U.S. Department of Education, 
2012), reflects our commitment to preparing students for a more 
globalized world, and to engaging with the international community in 
order to improve education. The International Strategy's first 
objective is to ``increase the global competencies of all U.S. 
students, including those from traditionally disadvantaged groups.'' 
(U.S. Department of Education, 2012, p.5). Minority-Serving 
Institutions (MSIs) and community colleges are heavily populated by 
students from traditionally disadvantaged groups. Twenty-five percent 
or more of all high school graduates of color, who often are first-
generation college attendees, enroll in community colleges as a way to 
begin their foray into higher education (Edsource, 2008). 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, 2010). Among the barriers preventing these students 
from pursuing international studies are a lack of exposure to 
international opportunities and a lack of access to information, 
including information about international careers (Belyavina and 
Bhandari, 2011). In addition, traditionally disadvantaged students 
often have the idea that study abroad is not for them and is a 
privilege for rich students (Martinez, Ranjeet, and Marx, 2009).
    Accordingly, the proposed priority for GPA short-term projects is 
intended to increase the number of applications from MSIs, community 
colleges, and new applicant institutions to provide access to life-
changing opportunities that will prepare traditionally disadvantaged 
students for today's global economy. The proposed priority is designed 
to increase the number and types of students that benefit from these 
projects. By increasing applications from MSIs and community colleges, 
we expect these projects to benefit greater numbers of traditionally 
disadvantaged students.
    To further support the Department's objective of increasing the 
global competencies of all U.S. students, the proposed priority would 
expand the reach of the GPA short-term and long-term overseas projects 
by encouraging applications from new applicant institutions--that is, 
institutions or entities that have not previously been awarded either a 
GPA short-term or long-term project grant. Over the years, the 
Fulbright-Hays GPA Program has received applications from the same pool 
of applicants. This priority is an attempt to encourage applications 
from institutions that have not been awarded a GPA grant.
    The proposed priority for GPA short-term projects is intended to 
promote applications from State educational agencies (SEAs) in order to 
increase international learning opportunities for teachers and 
administrators from the corresponding State, who would work together on 
a research or curriculum development project that would benefit greater 
numbers of K-12 students. Historically, only a small number of SEAs 
have applied for GPA grants.
    Furthermore, while existing programs provide some individual 
educators with opportunities for foreign language learning, study 
abroad, and other international studies, there are few systemic 
opportunities for groups of K-12 educators and administrators from a 
State or local district to work together on a research or curriculum 
development project intended to build global competencies in their 
students.
    The proposed priority for GPA long-term projects is designed to 
increase the number of MSIs that become grantees under these projects, 
in order to increase their students' access to academic coursework, 
instructional activities, and training that would better prepare them 
for the 21st-century global economy, careers in international service, 
and for lifelong engagement

[[Page 12624]]

with the diverse communities in which they live, whether at home or 
abroad.
    Proposed Priorities:
    Proposed Priority 1--Applications for GPA Short-term Projects from 
Selected Institutions and Organizations.
    Applications for GPA short-term projects from the following types 
of institutions and organizations:

[cir] Minority-Serving Institutions (MSIs)
[cir] Community colleges
[cir] New applicants
[cir] State educational agencies (SEAs)

    Proposed Priority 2--Applications for GPA Long-term Projects from 
Minority-Serving Institutions (MSIs).
    Applications for GPA long-term advanced overseas intensive language 
training projects from MSIs.
    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 5.105(c)(1)).
    PROPOSED DEFINITIONS: The Assistant Secretary proposes the 
following definitions for this program. We may apply one or more of 
these definitions in any year in which this program is in effect.
    Background: We propose the following definitions to provide clarity 
for applicants addressing the proposed priorities. The proposed 
definitions for ``community colleges,'' ``MSIs,'' and ``SEAs'' are from 
section 312(f) of the Higher Education Act of 1965, as amended (HEA); 
sections 316 through 320 of part A of title III of the HEA; and 34 CFR 
77.1, respectively. These proposed definitions will provide consistency 
across Department programs and will be familiar to applicants. For 
purposes of Proposed Priority 1, the proposed definition for ``new 
applicant'' is similar to the definition used in previous years and is 
designed to expand the reach of the GPA short-term projects to include 
institutions and entities that have not previously received a GPA 
grant.
    Definitions:
    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).
    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.
    New applicant means any applicant that has not received a 
discretionary grant from the Department of Education under the 
Fulbright-Hays Act prior to the deadline date for applications under 
this program.
    State educational agency (SEA) means the State board of education 
or other agency or officer primarily responsible for the supervision of 
public elementary and secondary schools in a State. In the absence of 
this officer or agency, it is an officer or agency designated by the 
Governor or State law.
    Final Priorities and Definitions:
    We will announce the final priorities and definitions in a notice 
in the Federal Register. We will determine the final priorities and 
definitions 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 one or more of these priorities and 
definitions, 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 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

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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 these proposed priorities and definitions only on a 
reasoned determination that their benefits would justify their 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 Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: the public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The application package associated with Proposed Priority 1--
Applications for GPA Short-term Projects from Selected Institutions and 
Organizations--was previously approved by the Office of Management and 
Budget (OMB) under OMB control number 1840-0792. Proposed Priority 1 
and the proposed definitions will not change the currently approved 
application package, or the approved burden for the application package 
associated with the short-term projects. However, the application 
package associated with Proposed Priority 2--Applications for GPA Long-
term Projects from Minority-Serving Institutions (MSIs)--does not have 
a current OMB control number, and therefore, it will require OMB 
approval under 1840-xxxx. As required by the PRA, the Department is 
submitting to OMB, under OMB control number 1840-xxxx, an information 
collection clearance concurrently with the publication of this notice 
of proposed priorities and definition for long-term projects under CFDA 
number 84.021B.
    We estimate that each applicant would spend approximately 100 hours 
of staff time to address the proposed priorities and definitions, 
prepare the application, and obtain necessary clearances. The total 
number of hours for all applicants will vary based on the number of 
applications. Based on the number of applications the Department 
received in response to the February 23, 2012 notice inviting 
applications, we expect to receive approximately 150 applications. We 
expect each applicant to require 100 hours to complete a GPA long-term 
project application. Accordingly, the total number of hours for all 
expected applicants is an estimated 15,000 hours. We estimate the total 
cost per hour of the staff who carry out this work to be $80.00 per 
hour. The total estimated cost for all applicants would be 
$1,200,000.00.
    We have prepared an Information Collection Request (ICR) for this 
collection (1840-XXXX). If you want to review and comment on the ICR, 
please follow the instructions in the ADDRESSES section of this notice.

    Note:  The Office of Information and Regulatory Affairs in OMB 
and the Department of Education review all comments posted at 
www.regulations.gov.

    In preparing your comments you may want to review the ICR, 
including the supporting materials, in www.regulations.gov by using the 
Docket ID number specified in this notice. This proposed collection is 
identified as proposed collection 1840-XXXX.
    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.
    Between 30 and 60 days after publication of this document in the 
Federal Register, OMB is required to make a decision concerning the 
collection of information contained in these proposed priorities and 
definitions. Therefore, to ensure that OMB gives your comments full 
consideration, it is important that OMB receives your comments on this 
ICR by April 11, 2016. This does not affect the deadline for your 
comments to us on the proposed priorities and definitions.
    If your comments relate to the ICR for these proposed priorities 
and definitions, please specify the Docket ID number and indicate 
``Information Collection Comments'' on the top of your comments.
    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.


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    Dated: March 4, 2016.
Lynn B. Mahaffie,
Deputy Assistant Secretary for Policy, Planning and Innovation, 
Delegated the Duties of Assistant Secretary for Postsecondary 
Education.
[FR Doc. 2016-05412 Filed 3-9-16; 8:45 am]
 BILLING CODE 4000-01-P