[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Proposed Rules]
[Pages 4522-4528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01611]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED-2021-OESE-0122]


Proposed Priorities, Requirements, and Definition--Project 
Prevent Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed priorities, requirements, and definition.

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SUMMARY: The Department of Education (Department) proposes priorities, 
requirements, and a definition under the Project Prevent grant program, 
Assistance Listing Number (ALN) 84.184M. We may use one or more of 
these priorities, requirements, and definition for competitions in 
fiscal year (FY) 2022 and later years. We propose priorities and 
requirements designed to direct funds toward local educational agencies 
(LEAs) impacted by community violence and to expand the capacity of 
LEAs to implement community- and school-based strategies to help 
prevent community violence and mitigate the impacts of exposure to 
community violence. The Department also proposes to define ``community 
violence'' for purposes of the Project Prevent grant program.

DATES: We must receive your comments on or before February 28, 2022.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
    <bullet> 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.''
    <bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about the proposed priorities, 
requirements, and definition, address them to Nicole White, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 3E326, 
Washington, DC 20202.
    Privacy Note: The Department's policy is to make all 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: Nicole White, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E326, Washington, DC 20202. 
Telephone: (202) 453-6729. Email: <a href="/cdn-cgi/l/email-protection#5e0e2c31343b3d2a700e2c3b283b302a1e3b3a70393128"><span class="__cf_email__" data-cfemail="8fdffde0e5eaecfba1dffdeaf9eae1fbcfeaeba1e8e0f9">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll-free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priorities, requirements, and definition. To ensure that 
your comments have maximum effect in developing the notice of final 
priorities, requirements, and definition, we urge you to clearly 
identify the specific section of the proposed priorities, requirements, 
or definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from the 
proposed priorities, requirements, 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 all public 
comments about the proposed priorities, requirements, and definition by 
accessing Regulations.gov. You may also inspect the comments in person. 
Please contact the person listed under FOR FURTHER INFORMATION CONTACT 
to make arrangements to inspect the comments in person.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will

[[Page 4523]]

provide an appropriate accommodation or auxiliary aid to an individual 
with a disability who needs assistance to review the comments or other 
documents in the public rulemaking record for the proposed priorities, 
requirements, 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 Project Prevent grant program provides 
grants to LEAs to increase their capacity to implement community- and 
school-based strategies to help prevent community violence and mitigate 
the impacts of exposure to community violence. Project Prevent grant 
funds allow LEAs to increase their capacity to identify, assess, and 
serve students exposed to community violence, helping LEAs to (1) offer 
affected students mental health services; (2) support conflict 
management programs; and (3) implement other community- and school-
based strategies to help prevent community violence and to mitigate the 
impacts of exposure to community violence.
    Program Authority: 20 U.S.C. 7281.
    Background: Children and youth's exposure to community violence, 
whether as victims, justice-involved youth, or witnesses, is often 
associated with long-term physical, psychological, and emotional harms. 
Research has demonstrated that community violence is a risk factor for 
experiencing an adverse childhood experience (ACE) such as abuse, 
neglect, witnessing violence, or having a family member who is 
incarcerated, and has an impact on future violence and victimization in 
a community.\1\ ACEs can lead children and youth to experience 
depression, anxiety, and post-traumatic stress disorder; have 
difficulty in, or disconnect from, school and the workforce; and engage 
in delinquency or violent acts, potentially perpetuating the conditions 
that contribute to a cycle of community violence.
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    \1\ Centers for Disease Control and Prevention. (2020, April 3). 
Adverse Childhood Experiences (ACEs). Retrieved from: www.cdc.gov/violenceprevention/aces/riskprotectivefactors.html.
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    Several Federal agencies have worked to address the issues 
surrounding children and youth's exposure to community violence. Since 
1980, the Centers for Disease Control and Prevention has been studying 
patterns of violence and the effects of violence on communities and 
individuals, as well as advancing strategies to help prevent violence 
and mitigate the impacts of exposure to violence.\2\ Furthermore, in 
2010, Attorney General Eric Holder launched the Defending Childhood 
initiative to better understand and address the problem of children's 
exposure to community violence. As part of this initiative, in December 
2012 the Attorney General's Task Force on Children Exposed to Violence 
released a report and national action plan that has helped inform the 
development of this program. The report recognized the duty of local 
coalitions of professionals from multiple disciplines across the full 
range of service systems (health care, schools, family services, law 
enforcement, and child advocacy centers), as well as families and other 
community members, to assess local challenges and resources, and 
develop strategies to reduce violence and the number of children 
exposed to violence.\3\
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    \2\ National Center for Injury Prevention and Control, Division 
of Violence Prevention. Retrieved from: www.cdc.gov/violenceprevention.
    \3\ U.S. Department of Justice. (2012). Report of the Attorney 
General's National Task Force on Children Exposed to Violence. 
Retrieved from: https://www.justice.gov/archives/defendingchildhood/task-force-children-exposed-violence.
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    In addition, in 2012 the U.S. Department of Health and Human 
Services launched a national effort to ``reduce the pervasive, harmful, 
and costly health impact of community violence and trauma by 
integrating trauma-informed approaches throughout health, behavioral 
health, and related systems and addressing the behavioral health needs 
of people involved in or at risk of involvement in the criminal and 
juvenile justice systems.'' This includes the outlining of ``Principles 
and Guidance for a Trauma-Informed Approach.'' \4\
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    \4\ Substance Abuse & Mental Health Services Administration. 
(2012). SAMHSA's Working Definition of Trauma and Principles and 
Guidance for a Trauma-Informed Approach. Retrieved from: SAMHSA's 
Concept of Trauma and Guidance for a Trauma-Informed Approach.
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    Community violence, which is defined in this document, is a 
significant public health, public safety, and community infrastructure 
concern nationwide and is a leading cause of death, injury, and 
intergenerational trauma for people in the United States. Community 
violence imposes enormous human, social, and economic costs, including 
disruption to employment and hindering of a community's social and 
economic development.\5\ While the vast majority of young people are 
able to persevere, those who have been victims of violence are at 
substantially higher risk of being violently revictimized or killed. 
Additionally, both direct and indirect violence exposure have been 
associated with poor economic outcomes and poor health outcomes, 
including chronic illness, anxiety, depression, and substance use.\6\
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    \5\ U.S. Department of Health and Human Services. Crime and 
Violence--Healthy People 2030. Retrieved from: https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence.
    \6\ Break the Cycle of Violence Act, S. 2275, 117th Cong. 
(2021). Retrieved from: https://www.govinfo.gov/content/pkg/BILLS-117s2275is/html/BILLS-117s2275is.htm.
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    Programs facilitated in schools by counselors, mental health 
providers, and community leaders for students who have been exposed to 
or are at high risk of involvement in community violence have been 
shown to help students develop the social and emotional skills needed 
to navigate difficult circumstances outside of the classroom so that 
they are able to turn away from violence and reengage in school.\7\ 
When properly implemented and consistently funded, coordinated, 
community-based strategies that use trauma-responsive care and 
interrupt cycles of community violence may produce lifesaving and cost-
saving results in a short period of time. These strategies identify 
those at the highest risk and highest need, coordinate individualized 
wraparound resources, provide pathways to healing and stability, and 
monitor and support long-term success.
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    \7\ Chicago Lab Crime Report. Retrieved from: https://www.youth-guidance.org/bam/.
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    The Biden-Harris Administration is taking a number of steps to 
prioritize investment in community violence interventions. Community 
violence interventions are proven strategies for reducing gun violence 
and other violent crime in urban communities through approaches other 
than incarceration.\8\ These approaches include outreach, conflict 
mediation, violence interruption, and trauma-informed school-based 
mental health services to effectively reduce community violence. 
Efforts to ensure public safety and reduce community violence may also 
be carried out collaboratively and in partnership with law enforcement, 
where appropriate, to build safer, thriving communities.
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    \8\ The White House. FACT SHEET: Biden-Harris Administration 
Announces Initial Actions to Address the Gun Violence Public Health 
Epidemic. Retrieved from: https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/07/fact-sheet-biden-harris-administration-announces-initial-actions-to-address-the-gun-violence-public-health-epidemic/.
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Proposed Priorities

    The Department proposes the following three priorities for this

[[Page 4524]]

program. We may apply one or more of these priorities in any year in 
which this program is in effect.
    Proposed Priority 1--Addressing the Impacts of Community Violence.
    Background: In Proposed Priority 1, the Department recognizes the 
tremendous impact community violence has on the well-being of students. 
Children and youth exposed to violence are at risk for poor long-term 
behavioral and mental health outcomes regardless of whether they are 
victims, justice-involved youth, direct witnesses, or hear about the 
crime. For example, children and youth exposed to violence may 
experience behavioral health challenges, depression, anxiety, and post-
traumatic stress disorder, which can negatively affect educational 
outcomes. Children and youth exposed to violence may also show 
increased signs of aggression starting in upper-elementary school.\9\
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    \9\ U.S. Department of Health and Human Services, Crime and 
Violence--Healthy People 2030. Retrieved from: https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence.
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    Schools are often the center of the community for students and 
their families, providing students with the resources and referrals 
they need to meet their full potential. Consequently, the needs of 
children and youth often are best met through cross-agency 
collaboration and partnerships between schools and organizations in the 
community. Consistent with the Secretary's vision for community 
engagement to advance systemic change, the Department would use this 
priority to emphasize the importance and efficacy of a coordinated 
effort between schools and communities to lessen the short- and long-
term effects that community violence has on students.
    Proposed Priority: Projects that implement community- and school-
based strategies to help prevent community violence and mitigate the 
impacts of children and youth's exposure to community violence in 
collaboration with local community-based organizations (e.g., local 
civic or community service organizations, local faith-based 
organizations, or local foundations or non-profit organizations) and 
include community and family engagement in the implementation of the 
strategies.
    Proposed Priority 2--Established Partnership with a Local 
Community-Based Organization.
    Background: As described in the background to Proposed Priority 1, 
the needs of children and youth often are often best met through cross-
agency collaboration and partnerships between schools and organizations 
in the community. In forging this collaboration, the Department places 
specific emphasis on the importance of structured and defined 
partnerships to efficiently and effectively implement community- and 
school-based intervention strategies to help prevent community violence 
and mitigate the impacts of exposures to community violence. In 
particular, memorandums of agreement (MOA) and memorandums of 
understanding (MOUs) signed by the authorized representative of a local 
community-based organization elevate the level of partnership between 
an LEA and a partner organization by clearly defining the roles, 
responsibilities, and resources that each entity will bring to the 
partnership.
    We may use this priority as a complement to Proposed Priority 1 or 
other priorities for this program, or as a stand-alone priority.
    Proposed Priority: An application that includes at least one 
memorandum of agreement (MOA) or memorandum of understanding (MOU) 
signed by the authorized representative of a local community-based 
organization that agrees to partner with the applicant on the proposed 
project and provide resources or administer services that are likely to 
substantially contribute to positive outcomes for the proposed project. 
The MOA or MOU must clearly delineate the roles and responsibilities of 
each entity.
    Proposed Priority 3--Supporting Children and Youth from Low-Income 
Backgrounds.
    Background: The neighborhoods where children and youth live and go 
to school can have a major impact on their health and well-being. Many 
children and youth in the United States live in neighborhoods with high 
rates of, and prevalence of risk factors associated with, violence-
related injuries and deaths, crime, poverty, and other health and 
safety risks. Students from low-income backgrounds are more likely to 
live in places with these risks.\10\ In a study that examined the 
characteristics of school shootings, the Government Accountability 
Office found that the number of school shootings generally increased 
relative to school poverty level.\11\ Proposed Priority 3 is intended 
to allow the Department to support activities in LEAs that experience 
and are impacted by community violence at a disproportionate rate.
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    \10\ U.S. Department of Health and Human Services, Neighborhood 
and Built Environment--Healthy People 2030. Retrieved from: https://health.gov/healthypeople/objectives-and-data/browse-objectives/neighborhood-and-built-environment.
    \11\ U.S. Government Accountability Office, Characteristics of 
School Shootings. Retrieved from: https://www.gao.gov/assets/gao-20-455.pdf.
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    Proposed Priority: In its application, an applicant must 
demonstrate, based on Small Area Income and Poverty Estimates (SAIPE) 
data from the U.S. Census Bureau or, for an LEA for which SAIPE data 
are not available, the same State-derived equivalent of SAIPE data that 
the State uses to make allocations under part A of title I of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA), one 
or more of the following:
    (a) At least 25 percent of the students enrolled in the LEA to be 
served by the proposed project are from families with an income below 
the poverty line.
    (b) At least 30 percent of the students enrolled in the LEA to be 
served by the proposed project are from families with an income below 
the poverty line.
    (c) At least 35 percent of the students enrolled in the LEA to be 
served by the proposed project are from families with an income below 
the poverty line.
    (d) At least 40 percent of the students enrolled in the LEA to be 
served by the proposed project are from families with an income below 
the poverty line.
    (e) At least 45 percent of the students enrolled in the LEA to be 
served by the proposed project are from families with an income below 
the poverty line.
    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 Requirements

    The Department proposes the following program requirement and

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application requirements for this program. We may apply one or more of 
these requirements in any year in which the program is in effect.
    Proposed Program Requirement:
    Eligible Applicants: Eligible applicants for this program are local 
educational agencies (LEAs), as defined in 20 U.S.C. 7801(30).
    Proposed Application Requirements:
    (a) Severity and magnitude of the problem; identification of 
schools to be served by the proposed project. Applicants must--
    (1) Identify the schools proposed to be served by project 
activities;
    (2) Describe the community violence that affects students in those 
schools, including collaborating and coordinating with organizations 
and law enforcement (where appropriate), and with other organizations 
to utilize data and information such as incidents of community 
violence, gun crime and other violent crime, rates of child abuse and 
neglect, and other school and community crime and safety data, 
including on a per capita basis (such as homicides per 100,000 
persons); prevalence of risk factors associated with violence-related 
injuries and deaths; findings from student mental health screenings or 
assessments, school climate surveys, and student engagement surveys; 
demographic data provided by U.S. Census surveys; and other relevant 
data and information; and
    (3) Provide a comparison of the school and community data cited to 
similar data at the State or local level, if available.
    (b) Collaboration and coordination with community-based 
organizations. Applicants must--
    (1) Describe how they intend to work collaboratively with 
community-based organizations to achieve project goals and objectives;
    (2) Provide evidence of collaboration and coordination through 
letters of support, memoranda of agreement, or memoranda of 
understanding from at least one community-based organization; and
    (3) Describe how they will use grant program funds to supplement, 
rather than supplant, existing or new efforts to reduce community 
violence and mitigate the direct and indirect effects of community 
violence on students.
    (c) Project activities. Applicants must propose to conduct three or 
more of the following:
    (1) Appropriately tailored professional development opportunities 
for LEA and school mental health staff (e.g., counselors, 
psychologists, and social workers), other specialized instructional 
support personnel, and other school staff, as appropriate, on how to 
screen for and respond to violence-related trauma and implement 
appropriate school-based interventions to help prevent community 
violence and mitigate the impacts of children and youth's exposure to 
community violence.
    (2) Activities designed to improve the range, availability, and 
quality of school-based mental health services by hiring school and 
clinical psychologists, school counselors, or school social workers 
with expertise or training in violence prevention, trauma-informed 
care, and healing-centered strategies, and qualified to respond to the 
mental and behavioral health needs of students who have experienced 
trauma as a result of exposure to community violence.
    (3) Training for school staff (e.g., teachers, administrators, 
specialized instructional support personnel, and support staff), 
community partners, youth, and families on the effects of exposure to 
community violence, the importance of screening students, and how to 
screen and provide interventions to students exposed to community 
violence.
    (4) Developing or improving processes to better target services to 
students who are exposed to community violence and to assess such 
students who may be experiencing mental, social, emotional, or 
behavioral challenges.
    (5) Enhancing linkages between LEA mental health services and 
community mental health systems to help ensure affected students 
receive referrals to treatment as appropriate.
    (6) Undertaking activities in collaboration and coordination with 
law enforcement to address community violence affecting students, to 
support victims' rights, and to promote public safety.
    (d) Evidence-based, culturally competent, and developmentally 
appropriate programs and practices. Applicants must--
    (1) Describe the continuum of evidence-based, culturally competent, 
and developmentally appropriate (as defined in 34 CFR 77.1(c)) programs 
and practices that will be implemented at the school and community 
level and how these programs and practices will be organized to provide 
differentiated support based on student need, to help break the cycle 
of community violence. These programs and practices must include all of 
the following:
    (i) Interventions and activities that are available to all students 
in a school with the goal of preventing negative or violent behavior 
(such as harassment, bullying, fighting, gang participation, sexual 
assault, and substance abuse) and enhancing student knowledge and 
interpersonal and emotional skills regarding positive behavior (such as 
communication and problem-solving, empathy, and conflict management, 
de-escalation, and mediation).
    (ii) Interventions and activities related to positive coping 
techniques, anger management, conflict management, de-escalation, and 
mediation, promotion of positive behavior, and development of 
protective factors.
    (iii) Interventions and services, such as mentorship programming, 
that target individual students who are at a higher risk for committing 
or being a victim of violence.
    (2) Describe the research and evidence supporting the proposed 
programs and practices and the expected effects on the target 
population.
    (e) Framework for planning, implementation, and sustainability. 
Applicants must--
    (1) Describe how the proposed project is integrated and aligned 
with the mission and vision of the LEA, including a description of the 
relationship of the project to the LEA's existing school safety or 
related plan;
    (2) Describe the anticipated challenges to success of the project 
and how they will be addressed, such as sustaining project 
implementation beyond the availability of grant funds and mitigating 
turnover at the LEA leadership, school leadership, and staff levels; 
and
    (3) Include a timeline of activities for--
    (i) Planning that includes: Conducting a needs assessment that is 
comprehensive and examines areas for improvement, both within the 
school and the community, related to learning conditions that create a 
safe and healthy environment for students; creating a logic model (as 
defined in 34 CFR 77.1); completing resource mapping; selecting 
evidence-based, culturally competent, and developmentally appropriate 
programs; developing evaluation plans; and engaging community and 
school partners, families, and other stakeholders;
    (ii) Implementation that includes: Training on and execution of 
evidence-based, culturally competent, and developmentally appropriate 
programs; continuing engagement with stakeholders; communicating and 
collaborating strategically with community partners; and evaluating 
program implementation; and
    (iii) Sustainability that includes: Further developing and 
expanding on the project's successes beyond the end of the grant, at 
the school and

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community levels, in alignment with other related efforts.
    (f) Planning period. Projects funded under this program may use up 
to 12 months during the first year of the project period for program 
planning. Applicants that propose a planning period must provide 
sufficient justification for why this program planning time is 
necessary, provide the intended outcomes of program planning in Year 1, 
and include a description of the proposed strategies and activities to 
be supported.

Proposed Definition

    The Department proposes to establish a definition of ``community 
violence'' for use in this program. We may apply it in any year in 
which this program is in effect.
    Community violence means firearm injuries, assaults, homicides, and 
other acts of interpersonal violence committed outside the context of a 
familial or romantic relationship.
    Final Priorities, Requirements, and Definition: We will announce 
the final priorities, requirements, and definition in a document 
published in the Federal Register. We will determine the final 
priorities, requirements, and definition after considering responses to 
the proposed priorities, requirements, and definition and other 
information available to the Department. This document does not 
preclude us from proposing additional priorities, requirements, 
definitions, 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 the priorities, requirements, and 
definition, we invite applications through a notice inviting 
applications in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
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 $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only on 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 the proposed priorities, requirements, 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 an analysis of anticipated costs and benefits, we 
believe that the proposed priorities, requirements, and definition are 
consistent with the principles in Executive Order 13563.
    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 the 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.

Potential Costs and Benefits

    The Department believes that this proposed regulatory action would 
not impose significant costs on eligible entities, whose participation 
in our programs is voluntary, and costs can generally be covered with 
grant funds. As a result, the proposed priorities, requirements, and 
definition would not impose any particular burden except when an entity 
voluntarily elects to apply for a grant. The proposed priorities, 
requirements, and definition would help ensure that the Project Prevent 
grants program selects high-quality applicants to implement activities 
that meet the goals of the program. We believe these benefits would 
outweigh any associated costs.

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 the proposed 
priorities, requirements, and definition easier to understand, 
including answers to questions such as the following:
    <bullet> Are the requirements in the proposed regulations clearly 
stated?
    <bullet> Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
    <bullet> Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?

[[Page 4527]]

    <bullet> Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
    <bullet> Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
    <bullet> What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make the 
proposed priorities, requirements, 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 regulatory action would 
not have a significant economic impact on a substantial number of small 
entities. The U.S. Small Business Administration Size Standards define 
proprietary institutions as small businesses if they are independently 
owned and operated, are not dominant in their field of operation, and 
have total annual revenue below $7,000,000. Nonprofit institutions are 
defined as small entities if they are independently owned and operated 
and not dominant in their field of operation. Public institutions are 
defined as small organizations if they are operated by a government 
overseeing a population below 50,000.
    The small entities that this proposed regulatory action would 
affect are LEAs. Of the impacts we estimate accruing to grantees or 
eligible entities, all are voluntary. Therefore, we do not believe that 
the proposed priorities, requirements, and definition would 
significantly impact small entities beyond the potential for increasing 
the likelihood of their applying for, and receiving, competitive grants 
from the Department.

Paperwork Reduction Act

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501 et seq.). This helps ensure that the public 
understands the Department's collection instructions, respondents 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The proposed requirements contain information collection 
requirements. Under the PRA the Department has submitted these 
requirements to OMB for its review.
    A Federal agency may not conduct or sponsor a collection of 
information unless OMB approves the collection under the PRA and the 
corresponding information collection instrument displays a currently 
valid OMB control number. Notwithstanding any other provision of the 
law, no person is required to comply with, or is subject to penalty for 
failure to comply with, a collection of information if the collection 
instrument does not display a currently valid OMB control number.
    In the notice of final priorities, requirements, and definition we 
will display the control number assigned by OMB to any information 
collection proposed in this document and adopted in the notice of final 
priorities, requirements, and definition.
    For the years that the Department holds a Project Prevent grant 
competition, we estimate 150 LEAs will apply and submit an application. 
We estimate that it will take each LEA 40 hours to complete and submit 
the application, including time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. The total 
burden hour estimate for this collection is 6,000 hours. At $97.28 per 
hour (using mean wages for Education and Childcare Administrators \12\ 
and assuming the total cost of labor, including benefits and overhead, 
is equal to 200 percent of the mean wage rate), the total estimated 
cost for 150 LEAs to complete the Project Prevent application is 
approximately $583,680.
---------------------------------------------------------------------------

    \12\ See http://www.bls.gov/oes/current/oes_nat.htm.
---------------------------------------------------------------------------

    Consistent with 5 CFR 1320.8(d), the Department is soliciting 
comments on the information collection. We must receive your comments 
on the collection activities contained in these proposed priorities, 
requirements, and definition on or before February 28, 2022. Comments 
related to the information collection activities must be submitted 
electronically through the Federal eRulemaking Portal at 
www.regulations.gov by selecting the Docket ID number ED-2021-OESE-0122 
or via postal mail, commercial delivery, or hand delivery by 
referencing the Docket ID number and the title of the information 
collection request at the top of your comment. Comments submitted by 
postal mail or delivery should be addressed to the PRA Coordinator of 
the Strategic Collections and Clearance Governance and Strategy 
Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 
6W208D, Washington, DC 20202-8240.

    Note:  The Office of Information and Regulatory Affairs and the 
Department review all comments related to the information collection 
activities posted at www.regulations.gov.


                                            Collection of Information
----------------------------------------------------------------------------------------------------------------
                                                 Estimated                                        Estimated cost
       Information collection activity           number of        Hours per     Total estimated    at an hourly
                                                 responses         response       burden hours    rate of $97.28
----------------------------------------------------------------------------------------------------------------
Project Prevent Application.................             150               40            6,000         $583,680
----------------------------------------------------------------------------------------------------------------

    We consider your comments on this proposed collection of 
information in--
    <bullet> Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including

[[Page 4528]]

whether the information will have practical use;
    <bullet> Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
    <bullet> Enhancing the quality, usefulness, and clarity of the 
information we collect; and
    <bullet> Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.
    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 the 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.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs. Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2022-01611 Filed 1-27-22; 8:45 am]
BILLING CODE 4000-01-P


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