[Federal Register: August 23, 1996 (Volume 61, Number 165)]
[Proposed Rules]
[Page 43639-43642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 43639]]
_______________________________________________________________________
Part IV
Department of Education
_______________________________________________________________________
34 CFR Part 75 et al.
48 CFR Chapter 34
Regulatory Reinvention; Proposed Rule
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DEPARTMENT OF EDUCATION
34 CFR Parts 75, 76, 77, 270, 271, 272, 607, 642, 648, 662, 663,
664 and 48 CFR Chapter 34
Regulatory Reinvention
AGENCY: Department of Education.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Secretary is giving the public early notice of actions he
intends to take to simplify regulations and reduce regulatory burden.
This notice solicits public input to help guide the Department in
developing proposed amendments to certain regulations.
DATES: Comments will be most useful if submitted by September 23, 1996
or by the date specified in the section discussing the relevant
regulations or programs.
ADDRESSES: All comments should be addressed to the individual listed in
the relevant program sections.
FOR FURTHER INFORMATION CONTACT:
The individual listed in the ``Contact'' portion of the section
discussing the relevant regulations or programs. Individuals who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The President, on March 4, 1995, announced a Regulatory Reinvention
Initiative to reform the Federal regulatory system. The Initiative
required all Federal agencies to review their regulations page by page.
Regulators were asked to eliminate obsolete regulations, improve or
reinvent regulations, revise regulations to reward results rather than
process, and streamline regulations to achieve agency goals in the most
efficient and least intrusive way possible. Since March of 1995, the
Department has been reviewing thoroughly all of its regulations
pursuant to the President's instructions.
As directed by the President, in June of 1995 each Federal agency
submitted a plan to the Director of the Office of Management and Budget
describing the actions it planned to take to eliminate or improve
existing regulations. The Secretary promised the President that the
Department would eliminate or reinvent 1,984 pages of regulations,
representing 93% of the Department's regulations. As of June 30, 1996,
the Department has achieved well over one-half of its goals. The
Department has eliminated or reinvented 1347 pages (approximately 68%)
of the regulations the Department promised it would change. In
addition, comprehensive legislative reinvention proposals regarding the
Individuals with Disabilities Education Act and adult and vocational
education are pending in Congress that would affect 512 pages (26%) of
the regulations that the Department is committed to eliminating or
improving. The remaining 289 pages that the Department promised to
eliminate or improve have been or are being reviewed, and Department
employees are developing final regulations or notices of proposed
rulemaking to eliminate or improve the regulations.
Examples of Regulatory Reinvention
The Department already has made a number of reforms that have led
to fewer regulations and better decisions about when to regulate. The
Office of the Federal Register proposed that the Department publish an
additional fourth volume for Title 34 of the Code of Federal
Regulations; the Department avoided this action by removing enough
regulations to obviate the need for a fourth volume.
One specific example of regulatory reform is the Department's
decision not to issue regulations to implement the Goals 2000 and
School-to-Work statutes, giving schools, school districts, and States
maximum flexibility to use funds within statutory limits.
The Department has made a number of changes to the student
financial aid regulations that eliminate paperwork burden, increase
flexibility, and reduce regulatory requirements for certain colleges
and universities. These changes include relieving colleges and
universities with sound financial standing and good refund processing
histories of the requirement to maintain a cash reserve fund to cover
tuition refunds and allowing institutions with access to the National
Student Loan Data System (NSLDS) once in operation, to use that system
to obtain financial aid transcripts.
In one of the most far-reaching changes, the Department eliminated
discretionary grant application requirements for non-competing
continuation awards, substantially reducing paperwork burden on
applicants and streamlining the Department's grant award process.
Instead, the Department will approve budgets for the entire project
period and will base approval of non-competing continuation awards
solely on the grantees' performance reports. This reform will save
6,000 grantees from submitting applications each year.
Invitation to Comment
The Secretary invites comments on the Department's plans to revise
the administrative and program regulations discussed below. After
considering the comments received in response to this advance notice,
the Secretary intends to publish notices of proposed rulemaking with an
opportunity for further public comment before implementing any
amendments to the regulations.
Interested persons are invited to submit comments and
recommendations regarding the Department's plans to the individual
listed in the ``Contact'' section of the regulations to be amended.
Comments will be available for public inspection during and after the
comment period at the specified address between the hours of 9:00 a.m.
and 4:30 p.m., Monday through Friday of each week except Federal
holidays.
General Questions
The Secretary requests comments on the following general questions:
* Would the actions described below provide useful
regulatory relief?
* Are there other ways the Secretary could reduce costs and
burdens associated with these regulations?
More specific questions about particular regulations are asked in the
sections below.
Specific Programs and Regulations
1. Education Department General Administrative Regulations (34 CFR
Parts 75, 76, and 77)
Proposed Actions
Parts 75, 76, and 77 of the Education Department General
Administrative Regulations (EDGAR) contain general requirements that
govern direct grant programs and State-administered grant programs. The
Secretary proposes to reduce dramatically the number of regulations in
parts 75 and 76. The Secretary plans to remove from parts 75, 76, and
77 those sections that are unnecessary, obsolete or merely explanatory.
Also, the Secretary plans to update references, renumber sections, and
consolidate a number of provisions. The Secretary plans to revise the
evaluation requirements and may add other provisions that will give
grantees more flexibility in administering a project. Most important,
the Secretary intends to create a handbook that would contain
descriptions of procedural requirements and statutory requirements
instead of putting the
[[Page 43641]]
information in regulations. The Secretary intends to include in
internal Department directives, as well as in the handbook, those
provisions currently in EDGAR that regulate Department conduct and do
not affect recipients. The Secretary is particularly interested in
comments on whether grant applicants and program beneficiaries would
find a comprehensive handbook useful.
Comments will be available for public inspection in Room 3636, GSA
National Capital Region Building, at 7th and D Streets S.W.,
Washington, D.C.
Contact: Kathy Thomas by telephone at (202) 708-8287, by writing to
U.S. Department of Education, 600 Independence Avenue S.W., (Room 3636,
ROB Building), Washington, D.C. 20202-4248, or by e-mail to kathy--
thomas@ed.gov.
2. Education Department Acquisition Regulation (48 CFR Chapter 34)
Proposed Actions
The Secretary plans to make the Education Department Acquisition
Regulation (EDAR) easier to use by eliminating unnecessary regulations
and updating provisions. The Secretary would eliminate those
requirements that duplicate the requirements in the Federal Acquisition
Regulation, such as Sec. 3404.170 regarding ratification of
unauthorized contract awards. As another example, the Department would
eliminate Subpart 3437.2 and related clause 3452.237-70 which require
all reports prepared by a contractor to contain certain information
that is no longer necessary.
The Secretary particularly requests comments on which areas, if
any, should be deregulated in EDAR.
Comments will be available for public inspection in Room 3636, GSA
National Capital Region Building, at 7th and D Streets, S.W.,
Washington, D.C.
Contact: Cathy Girouard by telephone at (202) 708-8529, by writing
to U.S. Department of Education, 600 Independence Avenue, S.W. (Room
3636, ROB Building), Washington, D.C. 20202-4248, or by e-mail to
cathy__girouard@ed.gov.
3. Desegregation of Public Education Programs (34 CFR Parts 270, 271,
and 272)
Proposed Actions
These programs provide grants to projects that help public school
districts and personnel in the preparation, adoption, and
implementation of plans for the desegregation of public schools and in
the development of effective methods of coping with special educational
problems occasioned by desegregation. In addition to removing redundant
requirements and unnecessary definitions in the general regulations
(Part 270), State Educational Agency Program (Part 271), and
Desegregation Assistance Center Program (Part 272), the Secretary plans
to consolidate the regulations governing these programs into one CFR
part. The Secretary expects these changes to highlight distinctions
between the two programs and result in clearer regulations that are
easier for grantees to use.
Comments will be available for public inspection in Room 4500,
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
Contact: Adell Washington by telephone at (202) 260-2495, by
writing to U.S. Department of Education, 600 Independence Avenue, S.W.,
(Room 4500, Portals), Washington, D.C. 20202, or by e-mail to
adell__washington@ed.gov.
4. Strengthening Institutions Program (34 CFR Part 607)
Proposed Actions
This program provides grants to institutions of higher education to
improve their academic programs, institutional management, and fiscal
stability. The Secretary intends to revise the selection criteria and
eligibility requirements for the program. The Secretary would like to
clarify the requirements for demonstrating eligibility for a waiver of
the statutory eligibility requirements. How should these requirements
be revised?
The Secretary would make these changes after the program is
reauthorized because the Secretary believes it would not be useful to
devote resources to revising the regulations now when it is possible
that the statutory requirements may change as a result of
reauthorization. The program is authorized until September, 1997. The
Secretary particularly requests comments on whether there are reasons
why the Department should consider revising the regulations prior to
reauthorization.
Comments will be available for public inspection in Room 600C,
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
Contact: Louis Venuto by telephone at (202) 708-8839, by writing to
U.S. Department of Education, 600 Independence Avenue, S.W. (Room 600C,
Portals Building), Washington, D.C. 20202-5335, or by e-mail to
louis__venuto@ed.gov.
5. Training Program for Federal Trio Programs (34 CFR Part 642)
Proposed Actions
The Secretary is currently reviewing these regulations and would
like public comment on how the program and program regulations could be
improved. For example, could the selection criteria or the
implementation of the funding priority for applicants that have
conducted training projects under Title IV of the Higher Education Act
be improved?
The Secretary would implement any changes after the program is
reauthorized because the Secretary believes it would not be useful to
devote resources to revising the regulations now when it is possible
the statutory requirements may change in the next year. The program is
authorized until September, 1997.
The Secretary particularly requests comments on whether there are
reasons why the Department should consider revising the regulations
prior to reauthorization.
Comments will be available for public inspection in Room 600D,
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
Contact: Blanca Rodriguez by telephone at (202) 708-4804, by
writing to U.S. Department of Education, 600 Independence Avenue, S.W.
(Room 600D, Portals Building), Washington, D.C. 20202-5249, or by e-
mail to blanca__rodriguez@ed.gov.
6. Graduate Assistance in Areas of National Need (34 CFR Part 648)
Proposed Actions
This program provides fellowships through academic departments of
institutions of higher education to assist graduate students of
superior ability who demonstrate financial need. The Secretary is
currently considering changes to these regulations to improve the
program and reduce regulatory burden. Are there particular regulatory
provisions that could be eliminated or improved?
The Secretary would make any changes after the program is
reauthorized because the Secretary believes it would not be useful to
devote resources to revising the regulations because the statutory
requirements may change in the next year. The program is authorized
until September 30, 1997. The Secretary particularly requests comments
on whether there are reasons why the Department should consider
revising the regulations prior to reauthorization.
Comments will be available for public inspection in Room CYC 80,
Portals
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Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
Contact: Cosette Ryan by telephone at (202) 260-3608, by writing to
U.S. Department of Education, 600 Independence Avenue, S.W. (CYC 80,
Portals Building), Washington, D.C. 20202-5247, or by e-mail to
cossette__ryan@ed.gov.
7. Higher Education Programs in Modern Foreign Language Training and
Area Studies: Doctoral Dissertation Research Abroad Fellowship Program;
Faculty Research Abroad Fellowship; Group Projects Abroad Program (34
CFR Parts 662, 663, and 664)
Proposed Actions
These programs are designed to contribute to the development and
improvement of the study of modern foreign languages and area studies
in the United States by providing opportunities for scholars to conduct
research abroad. The Secretary intends to improve the application
review process and to update the regulations in light of developments
in the field of foreign language, area, and international studies, such
as political developments abroad, modifications in the policies and
practices of the J. William Fulbright Foreign Scholarship Board, and
new interpretations of regulations. These anticipated changes include
changes in nomenclature, changes in selection criteria, and reduction
of burden associated with the regulations.
Would improvements in these areas be useful? Are there additional
improvements in the regulations that could be made?
Comments will be available for public inspection in Suite 600,
Portals Building, at 1250 Maryland Avenue, S.W., Washington, D.C.
Dates: Comments will be most useful if submitted by August 30,
1996.
Contact: Karla Ver Bryck Block by telephone at (202) 401-9774, by
writing to U.S. Department of Education, 600 Independence Avenue, S.W.
(Suite 600, Portals Building), Washington, D.C. 20202, or by e-mail to
karla__verbryckblock@ed.gov.
Dated: August 19, 1996.
Richard W. Riley,
Secretary of Education.
[FR Doc. 96-21568 Filed 8-22-96; 8:45 am]
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