[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46492-46495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21998]
[[Page 46491]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
34 CFR Parts 74, 75, 76, and 81
Administration of Grants to Institutions of Higher Education, Hospitals
and Nonprofit Organizations; Direct Grant Programs; State-Administered
Programs; and General Provisions Act Enforcement: Final Rule
Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 /
Rules and Regulations
[[Page 46492]]
DEPARTMENT OF EDUCATION
34 CFR Parts 74, 75, 76, and 81
RIN 1880-AA64
Administration of Grants to Institutions of Higher Education,
Hospitals and Nonprofit Organizations; Direct Grant Programs; State-
Administered Programs; and General Provisions Act--Enforcement
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary makes technical amendments to the Education
Department General Administrative Regulations (EDGAR) to implement
amendments to the General Education Provisions Act (GEPA) made by the
Improving America's Schools Act (IASA). The provisions will diminish
the paperwork burden for recipients, permit the Secretary to approve
State plans for a period longer than three years, authorize the
Secretary to take actions other than termination actions if, after a
hearing, the Secretary determines that a State plan is not
substantially approvable, improve the procedures and requirements
governing hearings for the recovery of funds, implement other statutory
requirements and make other technical changes to EDGAR.
EFFECTIVE DATE: These regulations take effect October 6, 1995.
FOR FURTHER INFORMATION CONTACT: Ronelle Holloman, U.S. Department of
Education, 600 Independence Avenue, SW., Room 3636, ROB-3, Washington,
DC 20202-4700. Telephone: (202) 205-3501. 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.
SUPPLEMENTARY INFORMATION: The Secretary is amending sections in 34 CFR
Parts 74, 75, 76, and 81 to implement the Improving America's Schools
Act of 1994 (Pub. L. 103-382), enacted October 20, 1994, and to make
other technical changes. The Improving America's Schools Act extends
the authorization for programs under the Elementary and Secondary
Education Act of 1965 and, as it relates to these amendments,
diminishes paperwork burden for educators and clarifies procedures
handled by the Office of Administrative Law Judges. Other technical
changes to EDGAR are also being made.
Section-by-Section Analysis
Section 74.53 establishes record retention and access requirements
for discretionary grants and cooperative agreements awarded on or after
October 1, 1994. The section is amended by removing ``five'' and adding
in its place ``three'' in all appropriate places to reflect IASA
removal of the GEPA requirement that recipients under applicable
programs maintain records for five years. In addition, the remaining
paragraphs are revised by removing ``5'' wherever it appears and adding
in its place ``3''.
Section 75.125 is amended by revising the heading and authority
citation to eliminate reference to the Joint Funding Simplification Act
which no longer exists.
Section 75.734 is removed because the IASA amended GEPA to remove
the former requirement that recipients under applicable programs
maintain records for five years. The removal of Sec. 75.734 allows
recipients of discretionary grant programs to rely on the rules in
Parts 74 and 80, which require that records be maintained for only
three years.
Section 76.101 is amended to reflect the new section number for the
section of the General Education provisions Act (GEPA) that specifies
the content of the single State application.
Section 76.103 is revised to change the effective period for a
state plan from a three-year State plan to give the Secretary the
flexibility to establish a multi-year State plan period. Under the
amended regulation, the Secretary could establish a State plan period
for more than three years.
Section 76.301 is amended to reflect the new section number for the
section of GEPA that authorizes the single State application.
Section 76.401 specifies procedures that States must follow in
disapproving local applications and specifies actions the Secretary may
take if it's determined that a State did not comply with any of the
provisions in Sec. 76.401. The section is amended by revising paragraph
(d)(8) to include language that will allow the Secretary additional
measures to achieve compliance other than immediate termination of
assistance to the State.
Section 76.734 is removed because the IASA amended GEPA to remove
the former requirement that recipients maintain records for five years.
The removal of Sec. 76.734 allows recipients under state administered
programs to rely on the rules in Parts 74 and 80, which require that
records be maintained for only three years.
Section 81.24 is amended to implement section 250(a)(1) of the IASA
by revising Sec. 81.24(b)(1) to require the Secretary, in issuing a
notice of a preliminary departmental decision, to establish a prima
facie case.
Section 81.27 is amended to implement section 250(a)(1) of the
IASA, to allow a recipient 60 days to file an application for review of
a preliminary departmental decision in place of the 30 days allowed in
the current requirement.
Section 81.33 is amended to implement section 250(a)(3)(B) of the
IASA so that, during the Secretary's review of a decision of the Office
of Administrative Law Judges, ex parte communication between employees
of the Secretary's office and individuals representing the Department
or the recipient are prohibited.
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
Intergovernmental Review
Some programs affected by these regulations are subject to the
requirements of Executive Order 12372 and the regulations in 34 CFR
Part 79. The objective of the Executive Order is to foster an
intergovernmental partnership and a strengthened federalism by relying
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
these programs.
Assessment of Educational Impact
The Secretary has determined that this document does not require
transmission of information that is being gathered by or is available
from any other agency or authority of the United States.
Waiver of Proposed Rulemaking
It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations in accordance with the
Administrative Procedure Act (5 U.S.C. 553). However, since these
changes merely incorporate statutory amendments into the regulations
and do not implement policy changes over which the Secretary has
discretion, public comment could have no effect. Therefore, the
Secretary has determined pursuant to 5 U.S.C.
[[Page 46493]]
553(b)(B) that public comment on these regulations is unnecessary and
contrary to the public interest.
List of Subjects
34 CFR Part 74
Administrative practice and procedure, Education Department, Grant
programs-education, Grant Administration, Hospitals, Institutions of
higher education, Non-profit organizations, Reporting and recordkeeping
requirements.
34 CFR Part 75
Education Department, Grant programs-education, Grant
administration, Incorporation by reference.
34 CFR Part 76
Education Department, Grant programs-education, Grant
administration, Intergovernmental relations, State-administered
programs.
34 CFR Part 81
Enforcement, General Education Provisions Act.
Dated: August 30, 1995.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance Number does not apply.)
The Secretary amends Parts 74, 75, 76, and 81 of Title 34 of the
Code of Federal Regulations as follows:
PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS
OF HIGHER EDUCATION, HOSPITALS AND OTHER NON-PROFIT ORGANIZATIONS
1. The authority citation for Part 74 is revised to read as
follows:
Authority: 20 U.S.C. 1221e-3 and 3474; OMB Circular A-110,
unless otherwise noted.
2. In section 74.53, the introduction to paragraph (b) is amended
by removing ``five'' and adding in its place, ``three'', in paragraph
(b) (1) and (3) and (g) (1) and (2) removing ``5-'' and adding, in its
place, ``3-''; in paragraph (b)(3) by removing ``5'' and adding in its
place ``3''; and by revising the authority citation to read as follows:
Sec. 74.53 Qualifications and exceptions
* * * * *
(Authority: 20 U.S.C. 1221e-3 and 3474; OMB Circular A-110)
3. The authority citation for sections 74.1, 74.2, 74.3, 74.4,
74.5, 74.10, 74.11, 74.12, 74.13, 74.14, 74.15, 74.16, 74.17, 74.20,
74.21, 74.22, 74.23, 74.24, 74.25, 74.26, 74.27, 74.28, 74.30,
74.31, 74.32, 74.33, 74.34, 74.35, 74.36, 74.37, 74.40, 74.41,
74.42, 74.43, 74.44, 74.45, 74.46, 74.47, 74.48, 74.50, 74.51,
74.52, 74.60, 74.61, 74.62, 74.70, 74.71, 74.72, and 74.73 and
Appendix A to Part 74 is revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)
PART 75--DIRECT GRANT PROGRAMS
4. The authority citation for Part 75 continues to read as follows:
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.
5. Section 75.125 is amended by revising the heading and the
authority citation to read as follows:
Sec. 75.125 Submit a separate application to each program.
* * * * *
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.734 [Removed]
6. Section 75.734 and the note and cross-reference following the
section are removed.
7. Section 75.740 is amended in paragraph (a) by removing the
number ``438'' and adding in its place the number ``444'' and in
paragraph (b) by removing the number ``439'' and adding in its place
the number ``445'' and revising the authority citation to read as
follows:
Sec. 75.740 Protection of and access to student records; student
rights in research, experimental programs, and testing.
* * * * *
(Authority: 20 U.S.C. 1221e-3, 1232g, 1232h, and 3474)
8. The authority citation for sections 75.1, 75.2, 75.4, 75.50,
75.51, 75.60, 75.61, 75.62, 75.100, 75.101, 75.102, 75.103, 75.104,
75.105, 75.109, 75.112, 75.117, 75.119, 75.125, 75.126, 75.127,
75.128, 75.129, 75.155, 75.156, 75.158, 75.159, 75.190, 75.191,
75.192, 75.200, 75.201, 75.210, 75.215, 75.216, 75.217, 75.218,
75.219, 75.220, 75.222, 75.230, 75.231, 75.232, 75.233, 75.234,
75.235, 75.236, 75.250, 75.251, 75.253, 75.260, 75.261, 75.262,
75.500, 75.511, 75.515, 75.516, 75.517, 75.519, 75.524, 75.525,
75.530, 75.531, 75.532, 75.533, 75.534, 75.560, 75.561, 75.562,
75.563, 75.564, 75.590, 75.591, 75.592, 75.600, 75.601, 75.602,
75.603, 75.604, 75.605, 75.606, 75.607. 75.608, 75.609, 75.610,
75.611, 75.612, 75.613, 75.614, 75.615, 75.618, 75.620, 75.621,
75.622, 75.626, 75.650, 75.681, 75.682, 75.683, 75.700, 75.701,
75.702, 75.703, 75.707, 75.708, 75.720, 75.730, 75.731, 75.732,
75.900, 75.901, 75.903, and 75.910 is revised to read as follows:
(Authority: 20 U.S.C. 1221e-3 and 3474)
9. The authority citation for section 75.580 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 2890, and 3474)
10. The authority citation for section 75.616 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3 and 3474, 42 U.S.C. 8373(b), and E.O.
12185)
11. The authority citation for section 75.617 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3 and 3474, 31 U.S.C. 3504, 3505)
PART 76--STATE-ADMINISTERED PROGRAMS
12. The authority citation for part 76 continues to read as
follows:
Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a) unless otherwise
noted.
13. Section 76.101 is amended by removing ``Section 435'' and
adding, in its place, ``Section 441'' and the authority citation is
revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 1232d, and 3474)
14. Section 76.103 is amended by revising the heading and paragraph
(a); and by removing ``three-year'' in paragraph (b) and adding, in its
place, ``multi-year'' to read as follows:
Sec. 76.103 Multi-year State plans.
(a) Beginning with fiscal year 1996, each State plan will be
effective for a period of more than one fiscal year, to be determined
by the Secretary or by regulations.
* * * * *
(Authority: 20 U.S.C. 1221e-3, 1231g(a), and 3474)
15. Section 76.301 is amended by removing ``Section 436'' and
adding, in its place, ``Section 442'' and the authority citation is
revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 1232d, and 3474)
16. Section 76.401 is amended by revising paragraph (d)(8) and the
authority citation to read as follows:
Sec. 76.401 Disapproval of an application--opportunity for a hearing.
* * * * *
(d) * * *
(8) If a State educational agency does not comply with any
provision of this section, or with any order of the Secretary under
this section, the Secretary terminates all assistance to the State
educational agency under the applicable program or issues such other
orders as the Secretary deems appropriate to achieve compliance.
* * * * *
(Authority: 20 U.S.C. 1221e-3, 1231b-2, 3474, and 6511(a))
[[Page 46494]]
Sec. 76.734 [Removed]
17. Section 76.734 and the note following the section are removed.
18. The authority citation for Sec. 76.1 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
19. The authority citation for Secs. 76.2, 76.50, 76.51, 76.500,
76.532, 76.533, 76.534, 76.563, 76.600, 76.703, 76.704, and 76.707 is
revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
20. The authority citation for Secs. 76.100, 76.102, 76.104,
76.106, 76.125, 76.141, 76.142, 76.201, 76.202, 76.235, 76.261, 76.300,
76.302, 76.303, 76.400, 76.650, 76.651, 76.652, 76.653, 76.654, 76.655,
76.656, 76.657, 76.658, 76.659, 76.660, 76.661, 76.662, and 76.770 is
revised to read as follows:
(Authority: 20 U.S.C. 1221e-3 and 3474)
21. The authority citation for Sec. 76.140 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1231g(a), and 3474)
22. The authority citation for Sec. 76.304 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1232e, and 3474)
23. The authority citation for Secs. 76.530, 76.560, 76.561,
76.681, 76.683, 76.700, 76.701, 76.702, 76.720, 76.722, 76.731, 76.760,
76.761, and 76.902 is revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
24. The authority citation for Sec. 76.580 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 2890, and 3474)
25. The authority citation for Sec. 76.591 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1226c, 1231a, 3474, and 6511(a))
26. The authority citation for Sec. 76.677 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 2727(b)(3)(D), 2972(f), and 3474)
27. The authority citation for Sec. 76.705 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1225(b), and 3474)
28. The authority citation for Sec. 76.740 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1232g, 1232h, 3474, and 6511(a))
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT
29. The authority citation for part 81 is revised to read as
follows:
Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless
otherwise noted.
30. Section 81.24 is amended by revising paragraph (b)(1) and the
authority citation to read as follows:
Sec. 81.34 Notice of a disallowance decision.
* * * * *
(b)(1) The notice must establish a prima facie case for the
recovery of funds, including an analysis reflecting the value of the
program services actually obtained in a determination of harm to the
Federal interest.
* * * * *
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(a), and 3474(a))
31. Section 81.37 is amended by removing ``30'' in paragraph (b)
and adding, in its place, ``60'' and revising the authority citation to
read as follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(b)(1), and 3474(a))
32. Section 81.43 is amended by redesignating paragraph (a) as
paragraph (a)(1); adding a new paragraph (a)(2); and revising the
authority citation to read as follows:
Sec. 81.43 Review by the Secretary.
(a)(1) * * *
(2) During the Secretary's review of the initial decision there
shall not be any ex parte contact between the Secretary and individuals
representing the Department or the recipient.
* * * * *
(Authority: 5 U.S.C. 557(b); 20 U.S.C. 1221e-3, 1234(f)(1),
1234a(d), and 3474(a))
33. The authority citation for sections 81.1, 81.7, 81.8, 81.11,
81.12, 81.17, and 81.19 is revised to read as follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))
34. The authority citation for section 81.2 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234 (b), (c), and (f)(1),
1234a(a)(1), 1234i, and 3474(a))
35. The authority citation for section 81.4 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234 (b) and (c), and 3474(a))
36. The authority citation for section 81.5 is revised to read as
follows:
(Authority: 5 U.S.C. 556(b); 20 U.S.C. 1221e-3, 1234 (d), (f)(1) and
(g)(1), and 3474(a))
37. The authority citation for section 81.6 is revised to read as
follows:
(Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e-3, 1234(f)(1), and
3474)
38. The authority citation for section 81.9 is revised to read as
follows:
(Authority: 5 U.S.C. 554(b); 20 U.S.C. 1221e-3, 1234(f)(1), and
3474(a))
39. The authority citation for section 81.10 is revised to read as
follows:
(Authority: 5 U.S.C. 554(d)(1), 557(d)(1)(A); 20 U.S.C. 1221e-3,
1234(f)(1), and 3474(a))
40. The authority citation for section 81.13 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234 (f)(1) and (h), and 3474(a))
41. The authority citation for section 81.14 is revised to read as
follows:
(Authority: 20 U.S.C. 554(c)(1), 1221e-3, 1234(f)(1), and 3474(a))
42. The authority citation for section 81.15 is revised to read as
follows:
(Authority: 5 U.S.C. 556 (d) and (e); 20 U.S.C. 1221e-3, 1234(f)(1),
and 3474(a))
43. The authority citation for section 81.21 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(k), 1234b (a) and
(b), and 3474(a))
44. The authority citation for section 81.22 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234b(a), and 3474(a))
45. The authority citation for section 81.23 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234b(b), and 3474(a))
46. The authority citation for section 81.24 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(a), and 3474(a))
47. The authority citation for section 81.25 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(j), and 3474(a); 31
U.S.C. 3711)
48. The authority citation for section 81.26 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a (j), and 3474(a))
49. The authority citation for section 81.27 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(b)(1), and 3474(a))
50. The authority citation for section 81.28 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234 (e) and (f)(1), 1234a(b), and
3474(a))
51. The authority citation for section 81.29 is revised to read as
follows:
(Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e-3, 1234(f)(1),
1234a(c), and 3474(a))
52. The authority citation for section 81.30 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(b)(3), 1234b(b)(1),
and 3474(a))
53. The authority citation for section 81.31 is revised to read as
follows:
(Authority: 5 U.S.C. 557(c); 20 U.S.C. 1221e-3, 1234(f)(1), and
3474(a))
[[Page 46495]]
54. The authority citation for section 81.32 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(e), and 3474(a))
55. The authority citation for section 81.33 is revised to read as
follows:
(Authority: 5 U.S.C. 557(b); 20 U.S.C. 1221e-3, 1234(f)(1),
1234a(d), and 3474(a))
56. The authority citation for section 81.34 is revised to read as
follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(g), and 3474(a))
57. The authority citation for the appendix to Part 81 is revised
to read as follows:
(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234b(a), and 3474(a))
[FR Doc. 95-21998 Filed 9-5-95; 8:45 am]
BILLING CODE 4000-01-P
