[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62656-62659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16834]


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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: Final priority and definition.

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SUMMARY: The Department of Education (Department) issues a priority and 
definition for use in the Transitioning Gang-Involved Youth to Higher 
Education Program. The Department may use the priority and definition 
for competitions in fiscal year (FY) 2024 and later years. This 
priority and definition will 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: This priority and definition are effective September 3, 2024.

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: 
    Purpose of Program: The purpose of the Transitioning Gang-Involved 
Youth to Higher Education (TGIY) Program 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.
    Assistance Listing Number: 84.116Y.
    Program Authority: 20 U.S.C. 1138-1138d; Explanatory Statement 
accompanying Division D of the Further Consolidated Appropriations Act, 
2024 (Pub. L. 118-47).
    We published a notice of proposed priority and definition in the 
Federal Register on June 6, 2024 (89 FR 48356) (NPP). That document 
contained background information and the Department's reasons for 
proposing the particular priority and definition. There are no 
differences between the proposed priority and definition and the final 
priority and definition.
    Public Comment: In response to our invitation in the NPP, 11 
parties submitted comments on the priority and definition. Generally, 
we do not address technical and other minor changes, or suggested 
changes that the law does not authorize us to make under applicable 
statutory authority. In addition, we do not address general comments 
that raised concerns not directly related to the proposed priority and 
definition.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority and definition since publication of the 
NPP follows.

General Comments

    Comments: Four commenters expressed support for the program. One 
noted that the 14-24 age range is a key period for positive 
intervention and that the criteria in the definition of ``gang-involved 
youth'' related to gang identity, permanence, organization, and 
elevated criminal activity align with established research on gang 
dynamics. One commenter supported the alignment of the criteria in the 
definition of ``gang-involved youth'' with the criteria used by the 
U.S. Department of Justice's Gang Center.
    Discussion: We appreciate the support of the grant program and the 
priority and the definition.
    Changes: None.
    Comments: One commenter suggested that this program should be run 
by the Bureau of Prisons.
    Discussion: Congress has authorized funding for this program with 
appropriated funds for the U.S. Department of Education since FY 2021.
    Changes: None.

[[Page 62657]]

Priority

    Comments: One commenter suggested broadening the program scope to 
include supporting, in addition to gang-involved youth, youth who are 
at high-risk of gang involvement.
    Discussion: While we recognize the need for supports for the 
broader population, the priority is aligned with the congressional 
directive that the Department provide a funding opportunity for 
organizations that work directly with gang-involved youth to help such 
youth pursue higher education opportunities.
    Changes: None.
    Comments: One commenter suggested that organizations that provide 
services unrelated to gang-involved youth should be allowed to apply 
for projects.
    Discussion: There is nothing in the priority that limits 
organizations that provide services unrelated to gang-involved youth 
from applying for funding, as long as the proposed project itself is 
for work directly related to gang-involved youth.
    Changes: None.
    Comments: One commenter suggested that we require applicants to 
provide in their application their annual success rate with respect to 
gang-involved youth pursuing higher education opportunities.
    Discussion: Under this program, organizations can propose new 
projects that align with the purpose of the grant program such that 
they are likely to lead to the intended outcomes for participating 
youth. That said, through the selection criteria, which are scored for 
each applicant, the peer reviewers determine the quality of the 
proposed projects and the ability of the applicants to be able to 
implement them.
    Changes: None.
    Comments: One commenter noted that the Department should look 
favorably upon applications that incorporate evidence-based practices, 
such as trauma-informed care, mentoring, and job readiness training, 
alongside the educational components.
    Discussion: Although the final priority does not include an 
evidence requirement, the Department plans to use selection criteria 
from 34 CFR 75.210 (General selection criteria) to evaluate the extent 
to which proposed projects incorporate evidence-based practices, 
including as part of the project design and the project evaluation.
    Changes: None.
    Comments: One commenter suggested that the Department give priority 
to applications from agencies that have a mission of providing 
licensed, high-quality counseling and follow-up support services to 
young people who are identified as ``at risk'' to the influences of 
gang membership, including youth who are currently or were formerly 
involved with a gang; staffing, or a plan for staffing, sufficient to 
ensure a manageable caseload, the leeway for consistently scheduled 
follow-ups on progress, and the capacity to provide other support 
services; and a strong information and referral base from which they 
can further empower clients to seek assistance from other programs and 
services that could support them in a more holistic manner to help them 
reach their educational goals.
    Discussion: The Department intends to use selection criteria from 
34 CFR 75.210 (General selection criteria) to evaluate the quality of 
the project services and the project personnel, among other things.
    Changes: None.

Definition

    Comments: Three commenters suggested changing the term ``gang-
involved youth.'' One commenter suggested changing it to ``gang-
impacted'' as a way to help reduce stigma, encourage help-seeking 
behavior, address root causes, and enhance research and policy 
development. One commenter recommended that we use ``youth who are gang 
involved,'' and another commenter suggested that given the age range of 
14-24, the group be defined as ``gang-influenced youth and young 
adults.''
    Discussion: We appreciate the commenters' feedback, but ``gang-
involved youth'' is the term used in the appropriations language 
provided by Congress for this program since FY 2021.
    Changes: None.
    Comments: One commenter suggested that the age range for gang-
involved youth be expanded to 12 to 24 years old.
    Discussion: Given the focus of the grant program on preparing youth 
for postsecondary education opportunities, having the age range start 
at 14 better aligns with the goals of the program. Furthermore, 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. (Secretary's Supplemental Priorities and Definitions for 
Discretionary Grants Programs published in the Federal Register on 
December 10, 2021 (86 FR 70612)). Aligning these definitions will 
promote consistency in the administration of the Department's 
discretionary grant programs.
    Changes: None.

Final Priority

    The Secretary establishes the following priority for use in the 
TGIY Program.
    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)).

Final Definition

    The Secretary establishes the following definition for use in the 
TGIY Program.
    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.
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection

[[Page 62658]]

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 final 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 final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions 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 (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 final priority and definition 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.
    The potential costs associated with the priority and definition are 
minimal, while the potential benefits are significant. The Department 
believes that this final regulatory action will not impose significant 
costs on eligible entities. Participation in this program is voluntary, 
and the costs imposed on applicants by this regulatory action will be 
limited to paperwork burden related to preparing an application. The 
potential benefits of implementing the program will outweigh the costs 
incurred by applicants, and the costs of carrying out activities 
associated with the application will be paid for with program funds. 
For these reasons, we have determined that the costs of implementation 
will not be burdensome for eligible applicants, including small 
entities.
    We also have determined that this regulatory action does 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.
    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 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 the final priority and definition will 
not have a significant economic impact on a substantial number of small 
entities.
    The small entities that this final regulatory action will affect 
are institutions of higher education that meet the eligibility 
requirements described in section 241(1) of the Higher Education Act of 
1965, as amended. The Secretary believes that the costs imposed on 
applicants by the final priority and definition will be limited to 
paperwork burden related to preparing an application and that the 
benefits will outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
final priority and definition will 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

[[Page 62659]]

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 final regulatory action will not have a significant economic 
impact on a small entity once it receives a grant because it will be 
able to meet the costs of compliance using the funds provided under 
this program.

Paperwork Reduction Act of 1995

    This final 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, 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 Department documents 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 Department documents 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. 2024-16834 Filed 7-31-24; 8:45 am]
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