[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Proposed Rules]
[Pages 48356-48359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12445]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[ED-2024-OPE-0073]


Transitioning Gang-Involved Youth to Higher Education Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priority and definition.

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SUMMARY: The Department of Education (Department) proposes a priority 
and definition for use in the Transitioning Gang-Involved Youth to 
Higher Education Program, Assistance Listing Number 84.116Y. The 
Department may use the priority and definition for competitions in 
fiscal year (FY) 2024 and later years. We intend for this priority and 
definition to support projects for organizations that work directly 
with gang-involved youth to help such youth pursue higher education 
opportunities that will lead to postsecondary certification or 
credentials.

DATES: We must receive your comments on or before July 8, 2024.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at www.regulations.gov. However, if you require an accommodation 
or cannot otherwise submit your comments via www.regulations.gov, 
please contact the program contact person listed under FOR FURTHER 
INFORMATION CONTACT. The Department will not accept comments submitted 
by fax or by email, or comments submitted after the comment period 
closes. To ensure the Department does 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 
``FAQ.''
    Note: The Department's policy is generally to make 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: Jymece Seward, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5C113, Washington, DC 20202-
4260. Telephone: 202-453-6138. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priority and definition. To ensure that your comments have 
maximum effect in developing the final priority and definition, we urge 
you to identify clearly the specific section of the proposed priority 
and definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 14094 and their 
overall requirement of reducing regulatory burden that might result 
from this proposed priority and definition. 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 public 
comments about the proposed priority and definition by accessing 
Regulations.gov. To inspect comments in person, 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

[[Page 48357]]

disability who needs assistance to review the comments or other 
documents in the public rulemaking record for this proposed priority 
and definition. 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 Transitioning Gang-Involved 
Youth to Higher Education Program (TGIY) is to provide a funding 
opportunity for organizations that work directly with gang-involved 
youth to help such youth pursue higher education opportunities that 
will lead to postsecondary certification or credentials.
    Program Authority: 20 U.S.C. 1138-1138d; Explanatory Statement 
accompanying Division D of the Further Consolidated Appropriations Act, 
2024 (Pub. L. 118-47).

Proposed Priority

    Background: TGIY is funded under the Fund for the Improvement of 
Postsecondary Education (FIPSE) authority and was first authorized in 
FY 2021. Congress has directed the Department within the explanatory 
statement accompanying Division D of the Further Consolidated 
Appropriations Act, 2024 (Pub. L. 118-47) to provide continued funding 
for this program. In order to fully implement this program in the 
manner that Congress has directed, and to ensure that the intended 
population is served, the Department is proposing a priority for 
organizations that work directly with gang-involved youth to help such 
youth pursue higher education opportunities.
    Proposed Priority: Projects for Organizations to Work Directly with 
Gang-Involved Youth to Help Such Youth Pursue Higher Education 
Opportunities.
    To meet this priority, an eligible applicant must demonstrate that 
the project will work directly with gang-involved youth to help such 
youth pursue higher education opportunities.

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)).

Proposed Definition

    The Department proposes the following definition of ``gang-involved 
youth'' for this program. We may apply this definition in any year in 
which this program is in effect. While there is no single definition of 
``gang,'' we base the proposed definition on the commonly used criteria 
for classifying groups as ``gangs'' identified by the U.S. Department 
of Justice's National Gang Center. Because this program is focused on 
preparing youth for postsecondary opportunities, we propose to address 
youth between the ages of 14 to 24. This age range aligns with the age 
range in the definition of ``disconnected youth''--a population that 
may overlap with gang-involved youth--established by the Department for 
use in its discretionary grant programs.\1\ Aligning these definitions 
would promote consistency in the administration of the Department's 
discretionary grant programs.
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    \1\ See the Secretary's Supplemental Priorities and Definitions 
for Discretionary Grants Programs published in the Federal Register 
on December 10, 2021 (86 FR 70612).
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    Gang-involved youth means an individual, between the ages 14 and 
24, who is or was involved in a group that meets the following 
criteria: the group has three or more members who share an identity, 
typically linked to a name and often other symbols; members view 
themselves as a gang and are recognized by others as a gang; the group 
has some permanence and a degree of organization; and the group is 
involved in an elevated level of criminal activity.

Final Priority and Definition

    We will announce the final priority and definition in a document in 
the Federal Register. We will determine the final priority and 
definition after considering public comments on the proposed priority 
and definition and other information available to the Department. This 
document does not preclude us from proposing additional priorities, 
requirements, definition, 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 this priority and definition, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 14094

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094, 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 $200 million or more 
(adjusted every three years by the Administrator of Office of 
Information and Regulatory Affairs (OIRA) for changes in gross domestic 
product); or adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, territorial, or Tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise legal or policy issues for which centralized review would 
meaningfully further the President's priorities, or the principles set 
forth in this Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866, as amended by Executive Order 14094.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definition governing regulatory review 
established in Executive Order 12866, as amended by Executive Order 
14094. 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

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(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 and definition 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.
    The potential costs associated with this priority and definition 
would be minimal, while the potential benefits are significant. The 
Department believes that this proposed regulatory action would not 
impose significant costs on eligible entities. Participation in this 
program is voluntary, and the costs imposed on applicants by this 
regulatory action would be limited to paperwork burden related to 
preparing an application. The potential benefits of implementing the 
program would outweigh the costs incurred by applicants, and the costs 
of carrying out activities associated with the application would be 
paid for with program funds. For these reasons, we have determined that 
the costs of implementation would not be burdensome for eligible 
applicants, including small entities.
    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 are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand. The Secretary invites comments 
on how to make this proposed priority and definition easier to 
understand, including answers to questions such as the following:
     Are the requirements in the proposed priority and 
definition clearly stated?
     Does the proposed priority and definition contain 
technical terms or other wording that interferes with their clarity?
     Does the format of the proposed priority and definition 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity?
     Would the proposed priority and definition be easier to 
understand if we divided them into more (but shorter) sections?
     Could the description of the proposed priority and 
definition in the SUPPLEMENTARY INFORMATION section of this preamble be 
more helpful in making the proposed priority and definition easier to 
understand? If so, how?
     What else could we do to make the proposed priority and 
definition easier to understand?
    To send any comments that concern how the Department could make 
this proposed priority and definition easier to understand, see the 
instructions in the ADDRESSES section.
    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.

Regulatory Flexibility Act Certification

    The Secretary certifies that this proposed priority and definition 
would not have a significant economic impact on a substantial number of 
small entities.
    The small entities that this proposed regulatory action would 
affect are institutions of higher education (IHEs) that meet the 
eligibility requirements in section 241(1) of the Higher Education Act 
of 1965, as amended, and public and private nonprofit organizations and 
agencies that partner with IHEs. The Secretary believes that the costs 
imposed on applicants by the proposed priority and definition would be 
limited to paperwork burden related to preparing an application and 
that the benefits would outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
proposed priority and definition would impose no burden on small 
entities unless they applied for funding under the program. We expect 
that in determining whether to apply for TGIY funds, an eligible 
applicant 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 TGIY grant. Eligible applicants most likely 
would apply only if they determine that the likely benefits exceed the 
costs of preparing an application. The likely benefits 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 use 
of that application to seek funding from other sources to work directly 
with gang-involved youth to help them pursue higher education 
opportunities that will lead to postsecondary certification or 
credentials.
    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 eligible small 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.

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Paperwork Reduction Act of 1995

    This proposed priority and definition do not contain any 
information collection requirements.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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.

Nasser Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2024-12445 Filed 6-5-24; 8:45 am]
BILLING CODE 4000-01-P