[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13012-13016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06491]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2019-OCTAE-0007]
Proposed Requirements and Definitions--Tribally Controlled
Postsecondary Career and Technical Institutions Program
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Proposed requirements and definitions.
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SUMMARY: The Assistant Secretary for Career, Technical, and Adult
Education proposes requirements and definitions under the Tribally
Controlled Postsecondary Career and Technical Institutions Program
(TCPCTIP), Catalog of Federal Domestic Assistance (CFDA) number 84.245.
The Assistant Secretary may use these requirements and definitions for
a competition in fiscal year (FY) 2019 and in later years. We propose
these requirements and definitions to clarify the circumstances under
which stipends may be paid to students attending tribally controlled
postsecondary career and technical institutions and to establish
requirements applicants must meet to demonstrate that they (1) are
eligible for assistance under TCPCTIP and (2) will use grant funds in
accordance with statutory requirements.
DATES: We must receive your comments on or before May 3, 2019.
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 ``How to Use Regulations.gov.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this notice of proposed
requirements and definitions, address them to Kiawanta Hunter-Keiser,
U.S. Department of Education, 400 Maryland Avenue SW, Room 11-119,
Potomac Center Plaza (PCP), Washington, DC 20202-7241.
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: Kiawanta Hunter-Keiser, U.S.
Department of Education, 400 Maryland Avenue SW, Room 11-119, PCP,
Washington, DC 20202-7241. Telephone: (202) 245-7724. Email:
[email protected].
[[Page 13013]]
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
the proposed requirements and definitions. To ensure that your comments
have maximum effect in developing the notice of final requirements and
definitions, we urge you to identify clearly the specific proposed
requirement or definition that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 13771 and their
overall requirement of reducing regulatory burden that might result
from these proposed requirements 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 the proposed requirements and definitions by accessing
Regulations.gov. You may also inspect the comments in person in Room
11-119, PCP, 400 Maryland Avenue SW, Washington, DC, between 8:30 a.m.
and 4 p.m., Eastern 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 review the comments or other documents in the
public rulemaking record for this document. 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: Section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, as amended by the Strengthening Career
and Technical Education for the 21st Century Act (Pub. L. 115-224)
(Perkins V or the Act) authorizes the Secretary to make grants to
tribally controlled postsecondary career and technical institutions
that do not receive Federal support under Title I of the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1802 et seq.) or the Navajo Community College Act (Pub. L. 92-189; 85
Stat. 646) for career and technical education programs for Indian
students and for the institutional support costs of the grant.
Program Authority: Section 117 of Perkins V (20 U.S.C. 2327).
Proposed Requirements
Application Requirements: The Assistant Secretary proposes the
following application requirements for this program. We may apply one
or more of these requirements in any year in which this program is in
effect.
Background: We propose to establish six application requirements
for TCPCTIP competitions to enable us to determine the eligibility of
an applicant for assistance; evaluate the extent to which its proposed
uses of funds are allowable under section 117; determine the extent to
which the grant amount it has requested is reasonable and necessary;
identify the goals and objectives that the applicant hopes to achieve
with the proposed project; and determine whether the procedures the
applicant proposes to use with respect to the award of student stipends
are consistent with the program requirements related to student
stipends that we also propose to establish. The six proposed
application requirements are similar to the application requirements
used in the notice inviting applications for the last TCPCTIP
competition that we held in FY 2007 (see 72 FR 27297, May 15, 2007)
(May 2007 Notice) following the enactment of the Carl D. Perkins Career
and Technical Education Act of 2006 (Perkins IV).
The proposed application requirements omit an application
requirement from the May 2007 Notice that asked applicants to identify
``long-range and short-range needs,'' including the ``institution's
plans for the placement of students (e.g., placement into additional
training or education, military service, or employment).'' We do not
include this May 2007 application requirement because it duplicates
proposed application requirement (d), which asks applicants to set out
``goals and objectives'' for the proposed project.
Proposed Application Requirements: To receive a TCPCTIP grant, an
applicant must include one or more of the following in its application:
(a) Documentation showing that the applicant is eligible, according
to each of the requirements in the Eligible Applicants section of this
notice (and pursuant to sections 117(a) and (d) of Perkins V),
including meeting the definition of the terms ``tribally controlled
postsecondary career and technical institution'' and ``institution of
higher education'' (e.g., proof of the institution's accreditation
status) and certification that the institution does not receive Federal
support under the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College
Act (Pub. L. 92-189; 85 Stat. 646).
(b) Descriptions of the career and technical education programs,
including academic courses, to be supported under the proposed TCPCTIP
project. Projects funded under this competition must propose organized
educational activities that meet the definition of career and technical
education, as that term is defined in section 3(5) of the Act.
(c) The estimated number of students to be served by the proposed
project in each career and technical education program in each year of
the project.
(d) Goals and objectives for the proposed project, including how
the attainment of the goals and objectives would further Tribal
economic development plans, if any.
(e) A detailed budget identifying the costs to be paid with funds
under this program for each year of the project period, and resources
available from other Federal, State, and local sources, including any
student financial aid, that will be used to achieve the goals and
objectives of the proposed project.
(f) A description of the procedure the applicant intends to use to
determine student eligibility for stipends and stipend amounts, and its
oversight procedures for the awarding and payment of stipends.
Program Requirements: The Assistant Secretary proposes the
following program requirements for this program. We may apply one or
more of these requirements in any year in which this program is in
effect.
Background: The payment of stipends to students attending tribally
controlled postsecondary career and technical institutions receiving
assistance under section 117 of the Act was first authorized by the
Carl D. Perkins Vocational and Technical Education Act of 1998 (Pub. L.
105-332), which was enacted on October 31, 1998. The Department
established requirements for the payment of such student stipends in
the notice inviting applications for new awards for FY 2001, which was
the first grant competition conducted under the revised authority (see
66 FR 17035, March 28, 2001) (March 2001 Notice). Among other
requirements, the March 2001 Notice required that, to be eligible for a
stipend, a student must--
[[Page 13014]]
(1) Be enrolled in a career and technical education program funded
under section 117 as at least a half-time student;
(2) Be in regular attendance and meet the tribally controlled
postsecondary institution's attendance requirement;
(3) Maintain satisfactory progress in his or her course of study
according to the tribally controlled institution's published standards
of satisfactory progress; and
(4) Have an acute economic need (defined as an income at or below
the poverty level) that prevents participation in a project funded
under this program that cannot be met through a work-study program.
The March 2001 Notice also required that the amount of the stipend
be determined by multiplying the number of hours a student actually
attended a program by the greater of the minimum hourly wage that was
prescribed by State or local law, or by the minimum hourly wage that is
established under the Fair Labor Standards Act. However, an institution
could only award a stipend to a student if, and to the extent that the
stipend combined with other resources the student received did not
exceed the student's financial need, which was defined as the
difference between the student's cost of attendance and the financial
aid or other resources that would be used to defray the costs of the
student participating in the project.
Authorization for section 117 grantees to pay student stipends was
continued in Perkins IV. The May 2007 Notice established the same
requirements for the payment of student stipends as the March 2001
Notice, except that the May 2007 Notice--
(1) Authorized payment of stipends to students whose attendance
status was less than half-time;
(2) Permitted payment of a stipend to a student only when the
student was taking a course for the first time;
(3) Did not define the term ``acute economic need''; and
(4) Directed applicants to describe the procedure they intended to
use to determine student eligibility for stipends and stipend amounts,
and its oversight procedures for the awarding and payment of stipends.
For future TCPCTIP competitions, we propose to establish the same
requirements for the payment of student stipends that were established
by the May 2007 Notice. We believe these requirements have worked well
to ensure that TCPCTIP funds are used appropriately to assist only
those students with an acute economic need that prevents their
participation and that cannot be met through a work-study program. We
note also that comparable requirements for the payment of student
stipends have worked well and without controversy for nearly two
decades in another program that provides assistance for career and
technical education for Native American students--the Native American
Career and Technical Education Program, authorized by section 116 of
Perkins V. Finally, we note that the continuation of the May 2007
student stipend requirements is consistent with the Principles of
Economic Mobility in Executive Order 13828, Reducing Poverty in America
by Promoting Opportunity and Economic Mobility, which emphasize that
work-capable individuals should be engaged in a work activity, which
may include career and technical education, as a condition of receiving
means-tested public assistance.
Proposed Program Requirements: (a) Stipends may be paid to enable
students to participate in a TCPCTIP career and technical education
program.
(1) To be eligible for a stipend, a student must--
(i) Be enrolled in a career and technical education project funded
under this program;
(ii) Be in regular attendance in a TCPCTIP project and meet the
training institution's attendance requirement;
(iii) Maintain satisfactory progress in his or her program of study
according to the training institution's published standards for
satisfactory progress; and
(iv) Have an acute economic need that prevents participation in a
project funded under this program without a stipend and that cannot be
met through a work-study program.
(b) The amount of a stipend is based on the greater of either the
minimum hourly wage prescribed by State or local law or the minimum
hourly wage established under the Fair Labor Standards Act.
(c) A grantee may only award a stipend if the stipend combined with
other resources the student receives does not exceed the student's
financial need. A ``student's financial need'' is the difference
between the student's cost of attendance and the financial aid or other
resources available to defray the student's cost of participating in a
TCPCTIP project.
(d) To calculate the amount of a student stipend, a grantee would
multiply the number of hours a student actually attends career and
technical education instruction by the greater of the amount of the
minimum hourly wage that is prescribed by State or local law or by the
minimum hourly wage that is established under the Fair Labor Standards
Act.
Example: If a grantee uses the Fair Labor Standards Act minimum
hourly wage of $7.25 and a student attends classes for 20 hours a week,
the student's stipend would be $145 for the week during which the
student attends classes ($7.25 x 20 = $145).
(e) Grantees must maintain records that fully support their
decisions to award stipends and the amounts that are paid, such as
proof of a student's enrollment in a TCPCTIP, stipend applications,
timesheets showing the number of attendance hours confirmed in writing
by an instructor, student financial status information, and evidence
that a student would not be able to participate in the TCPCTIP project
without a stipend. (20 U.S.C. 1232f; 34 CFR 75.700-75.702, 75.730, and
75.731)
(f) An eligible student may receive a stipend when taking a course
for the first time. However, a stipend may not be provided to a student
who has already taken, completed, and had the opportunity to benefit
from a course and is merely repeating the course.
Proposed Definitions
Background: We propose to establish a definition of ``institutional
support of career and technical education,'' a term used in the list of
allowable expenses identified in section 117(e)(1)(D) of the Act. To
clarify what direct expenditures this term includes, we propose to
define this term to mean administrative expenses incurred by an
eligible institution that are related to conducting a career and
technical education program for Indian students that is assisted under
section 117 and administering a grant awarded under section 117.
Under this proposed definition, for example, the costs associated
with the accreditation of a particular career and technical education
program funded under section 117 would be allowable direct costs, as
would any expenditures related to administering a section 117 grant,
such as the salary of a project director. In contrast, any general
administrative expenses incurred by an institution, such as the costs
associated with the accreditation of the overall institution itself,
would not be allowable direct costs under section 117. However, there
would be no limitation on the indirect costs a section 117 grantee
could charge to its grant. Moreover, consistent with section 117(c)(3),
a grantee could use an unrestricted rate in calculating the indirect
costs that may be charged to the grant.
[[Page 13015]]
We believe this proposed definition is consistent with the purposes
of TCPCTIP and other pertinent provisions of section 117. For example,
section 117(a) indicates that the grants made under section 117 are to
``provide basic support for the education and training of Indian
students,'' while section 117(b) states that grant funds are to be
``used for career and technical education programs for Indian students
and for the institutional support costs of the grant.'' The March 2001
and May 2007 Notices included comparable clarifications. We also
propose to establish a definition of ``stipend'' that is intended to
clarify its purpose and the circumstances under which stipends may be
paid to students. The proposed definition is identical to the
definition of ``stipend'' that was used in the March 2001 and May 2007
Notices.
Proposed Definitions: The Assistant Secretary proposes the
following definitions for this program. We may apply one or both of
these definitions in any year in which this program is in effect.
Institutional support of career and technical education means
administrative expenses incurred by an eligible institution that are
related to conducting a career and technical education program for
Indian students that is assisted under section 117 of the Act and
administering a grant awarded under section 117.
Stipend means a subsistence allowance for a student that is
necessary for the student to participate in a project funded under this
program.
Final Requirements and Definitions: We will announce the final
requirements and definitions in a document published in the Federal
Register. We will determine the final requirements and definitions
after considering responses to the proposed requirements and
definitions and other information available to the Department. This
document does not preclude us from proposing additional priorities,
requirements, definitions, or selection criteria, subject to meeting
applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these requirements and
definitions, we invite applications through a notice in the Federal
Register.
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined 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.
Under Executive Order 13771, for each new regulation that the
Department proposes for notice and comment or otherwise promulgates
that is a significant regulatory action under Executive Order 12866,
and that imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2019, any new incremental costs associated
with a new regulation must be fully offset by the elimination of
existing costs through deregulatory actions. However, Executive Order
13771 does not apply to ``transfer rules'' that cause only income
transfers between taxpayers and program beneficiaries, such as those
regarding discretionary grant programs. The proposed priority and
requirements would be utilized in connection with a discretionary grant
program and, therefore, Executive Order 13771 is not applicable.
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 these proposed requirements and definitions only on
a reasoned determination that their benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that 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 these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs associated
with this regulatory action are those resulting from regulatory
requirements and those we have determined are necessary for
administering the Department's programs and activities.
Summary of Costs and Benefits: The Department believes that these
proposed requirements and definitions would not impose significant
costs on tribally controlled postsecondary career and technical
institutions eligible for
[[Page 13016]]
assistance under section 117 of Perkins V. We also believe that the
benefits of implementing the proposed requirements and definitions
justify any associated costs.
The Department believes that the proposed application requirements
would help to ensure that: Only institutions eligible for assistance
under section 117 of the Act receive such assistance; grants provided
under section 117 of the Act are awarded only for allowable,
reasonable, and necessary costs; and eligible applicants consider
carefully in preparing their applications how the grants may be used to
improve career and technical education programs and the outcomes of the
students who enroll in them. The program requirements and related
definitions are necessary to ensure that taxpayer funds are expended
appropriately.
The Department further believes that the costs imposed on an
applicant by the proposed requirements and definitions would be largely
limited to the paperwork burden related to meeting the application
requirements and that the benefits of preparing an application and
receiving an award would justify any costs incurred by the applicant.
Entities selected for awards under section 117 of the Act would be able
to pay the costs associated with implementing the program requirements
related to student stipends with grant funds. Thus, the costs of these
proposed requirements and definitions would not be a significant burden
for any eligible applicant.
Elsewhere in this section under Paperwork Reduction Act of 1995, we
identify and explain burdens specifically associated with information
collection requirements.
Paperwork Reduction Act of 1995 (PRA): These proposed requirements
and definitions do not contain any information collection requirements
subject to the PRA. The Department is aware of fewer than nine tribally
controlled postsecondary career and technical institutions that meet
the eligibility requirements of section 117 of the Act and could thus
be expected to apply in a response to a notice inviting applications.
Information collection requirements imposed on nine or fewer
individuals or entities are not subject to the PRA.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration Size Standards define ``small entities''
as for-profit or nonprofit institutions with total annual revenue below
$7,000,000 or, if they are institutions controlled by small
governmental jurisdictions (that are comprised of cities, counties,
towns, townships, villages, school districts, or special districts),
with a population of less than 50,000.
The small entities that this proposed regulatory action would
affect are institutions of higher education. We believe that the costs
imposed on an applicant by the proposed requirements and definitions
would be limited to paperwork burden related to preparing an
application and that the benefits of implementing these proposed
requirements and definitions would outweigh any costs incurred by the
applicant.
Participation in TCPCTIP is voluntary. For this reason, the
proposed application requirements would impose no burden on small
entities unless they applied for funding under TCPCTIP. We expect that
in determining whether to apply for TCPCTIP funds, an eligible entity
would evaluate the requirements of preparing an application and any
associated costs, and weigh them against the benefits likely to be
achieved by receiving a TCPCTIP grant. An eligible entity would
probably apply only if it determines that the likely benefits exceed
the costs of preparing an application. The likely benefits of applying
for a TCPCTIP grant include the potential receipt of a grant as well as
other benefits that may accrue to an entity through its development of
an application, such as the identification of long- and short-range
plans for the institution and its career and technical education
programs. Additionally, proposed application requirement (a), which
would direct applicants to document their eligibility under section 117
of the Act, would focus the attention of all prospective applicants on
the eligibility requirements in section 117 of the Act and help
discourage entities that do not meet them from incurring the time and
expense of preparing a full application. The costs of meeting the other
proposed requirements related to student stipends could be paid with
grant funds and entities that do not receive a grant would not be
required to meet them.
We believe that the proposed requirements and definitions would not
impose any additional burden on a small entity applying for a grant
than the entity would face in the absence of the proposed action. That
is, the length of the applications those entities would submit in the
absence of the proposed regulatory action and the time needed to
prepare an application would likely be the same.
This proposed regulatory action would not have a significant
economic impact on a small entity once it receives a grant because it
would be able to meet the costs of compliance using the funds provided
under this program. We invite comments from small eligible entities as
to whether they believe this proposed regulatory action would have a
significant economic impact on them and, if so, request evidence to
support that belief.
Intergovernmental Review: This program is not subject to Executive
Order 12372 and the regulations in 34 CFR part 79.
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. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. 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 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 29, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2019-06491 Filed 4-2-19; 8:45 am]
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