Proposed Rule2024-12445
Transitioning Gang-Involved Youth to Higher Education Program
Primary source
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Published
June 6, 2024
Issuing agencies
Education Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://www.regulations.gov">www.regulations.gov</a>,
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 <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
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
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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: <a href="/cdn-cgi/l/email-protection#7d370410181e18532e180a1c0f193d1819531a120b"><span class="__cf_email__" data-cfemail="cd87b4a0a8aea8e39ea8baacbfa98da8a9e3aaa2bb">[email protected]</span></a>.
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
<a href="http://Regulations.gov">Regulations.gov</a>. 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
[[Page 48358]]
(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:
<bullet> Are the requirements in the proposed priority and
definition clearly stated?
<bullet> Does the proposed priority and definition contain
technical terms or other wording that interferes with their clarity?
<bullet> Does the format of the proposed priority and definition
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce their clarity?
<bullet> Would the proposed priority and definition be easier to
understand if we divided them into more (but shorter) sections?
<bullet> 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?
<bullet> 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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. 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
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