15446 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

DEPARTMENT OF EDUCATION

34 CFR Part 607

RIN 1840–AC15

Strengthening Institutions Program

AGENCY: Department of Education.

ACTION: Final regulations and notice of

effective date.

SUMMARY: The Secretary revises the

regulations governing the Strengthening

Institutions Program published in the

Federal Register on August 15, 1994 (59

FR 41914) to conform them to statutory

provisions that authorize grants to

Hispanic-serving Institutions (HSIs).

The regulations make technical changes

in the existing regulations to incorporate

the statutory amendments.

EFFECTIVE DATES: The regulations

published on August 15, 1994 (59 FR

41914) became effective on September

29, 1994. The regulations in this

document take effect April 24, 1995.

FOR FURTHER INFORMATION CONTACT: Jerry

M. Whitlock, U.S. Department of

Education, 600 Independence Avenue,

S.W., Suite 600, Portals Building,

Washington, D.C. 20202–5335.

Telephone: (202) 708–9926. 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:

A. Background

Section 316 of the Higher Education

Act of 1965, as amended (HEA),

authorizes the Secretary to make grants

to HSIs to enable them to improve and

expand their capacity to serve Hispanic

and low-income students by carrying

out activities described in section

316(c)(2) of the HEA and repeated in

§ 607.10(b)(8). To receive a grant under

section 316, an institution must qualify

as an eligible institution under the

Strengthening Institutions program and

must be determined by the Secretary to

be an HSI. The Secretary determines

that an eligible institution under the

Strengthening Institutions program

qualifies as an HSI if—(1) when it

applies for a grant, at least 25 percent of

its enrollment of undergraduate fulltime equivalent students are Hispanic

students; and (2) it assures that not less

than 50 percent of its Hispanic students

are low-income individuals who are

first generation college students, and

another 25 percent of its Hispanic

students are either low-income or first

generation college students.

Grants to HSIs, as part of the

Strengthening Institutions program, are

an important part of implementing the

National Educational Goals.

Specifically, the grants address the goal

that calls for every adult American to

possess the knowledge and skills

necessary to compete in a global

economy and exercise the rights and

responsibilities of citizenship, by

expanding educational opportunities for

students who attend HSIs.

B. Explanation of Changes

The Higher Education Amendments

of 1992, Pub. L. 102–325, amended

section 316 of the HEA. The Secretary

amends regulations in 34 CFR Part 607

to conform them to the amended statute.

The statutory amendments

incorporated in the regulations:

—Authorize section 316 grants to assist

HSIs to plan, develop, undertake, and

carry out approved program activities.

—Define an HSI.

—Define the terms ‘‘first generation

college student’’ and ‘‘low-income

individual’’ in § 607.7, and add a

definition of the term ‘‘Hispanic

student.’’ This definition was taken

from the definition of that term in

OMB Directive No. 15.

—Add activities that may be carried out

under a grant authorized under

section 316 of the HEA to an HSI.

—Require a 5-year plan for improving

the assistance provided by the HSI to

Hispanic and low-income students.

—Establish a priority funding for

applications for grants under section

316 that contain satisfactory evidence

that such applicants have entered into

or will enter into a collaborative

arrangement with at least one local

educational agency to provide such

agency with assistance in reducing

Hispanic dropout rates, improving

Hispanic rates of academic

achievement, and increasing the rates

at which Hispanic high school

graduates enroll in higher education.

—Establish a restriction that no HSI

which receives funds under section

316 may concurrently receive other

funds under the Strengthening

Institutions Program, Strengthening

Historically Black Colleges and

Universities program, or

Strengthening Historically Black

Graduate Institutions program.

—Amend § 607.3(b) by removing the

word ‘‘waives’’ in paragraph (b), and

adding, in its place, the words ‘‘may

waive’’ to clarify that the Secretary’s

decision to grant a waiver is

discretionary.

Executive Order 12900

These final regulations support the

President’s goals expressed in Executive

Order 12900 on ‘‘Educational

Excellence for Hispanic Americans’’ by

advancing the development of human

potential, strengthening the Nation’s

capacity to provide high-quality

education, and increasing opportunities

for Hispanic Americans to participate in

and benefit from Federal education

programs.

Intergovernmental Review

The program is 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 Secretary’s specific

plans and actions for this program.

Assessment of Educational Impact

The Secretary has determined that the

regulations in this document do 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

substantive policy, public comment

could have no effect. Therefore, the

Secretary has determined pursuant to 5

U.S.C. 553(b)(B) that public comment on

the regulations is unnecessary and

contrary to the public interest.

List of Subjects in 34 CFR Part 628

Colleges and universities, Education,

Reporting and recordkeeping

requirements.

Dated: March 20, 1995.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

(Catalog of Federal Domestic Assistance

Number 84.031A—Strengthening Institutions

Program)

The Secretary amends Part 607 of

Title 34 of the Code of Federal

Regulations as follows:
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15447

PART 607—STRENGTHENING

INSTITUTIONS PROGRAM

1. The authority citation for Part 607

continues to read as follows:

Authority: 20 U.S.C. 1057–1059, 1066–

1069f, unless otherwise noted.

2. Section 607.2 is amended by

redesignating paragraph (d) as

paragraph (e)(1); adding new paragraphs

(d) and (e)(2); and revising the authority

citation to read as follows:

§ 607.2 What institutions are eligible to

receive a grant under the Strengthening

Institutions Program?

* * * * *

(d) A Hispanic-serving institution

(HSI) may receive a grant authorized

under section 316 of the HEA if—

(1) It is an eligible institution under

this part;

(2) It provides assurances that—

(i) When it applies for a grant, its

enrollment of undergraduate full-time

equivalent students is at least 25 percent

Hispanic students ;

(ii) Not less than 50 percent of its

Hispanic students are low-income

individuals who are first generation

college students; and

(iii) Another 25 percent of its

Hispanic students are either low-income

individuals or first generation college

students.

(e) * * *

(2) An HSI that receives a grant under

section 316 of the HEA may not

concurrently receive grant funds under

the Strengthening Institutions program,

Strengthening Historically Black

Colleges and Universities program, or

Strengthening Historically Black

Graduate Institutions program.

(Authority: 20 U.S.C. 1057 et seq.)

§ 607.3 [Amended]

3. Section 607.3 is amended by

removing the word ‘‘waives’’ in

paragraph (b), and adding, in its place,

the words ‘‘may waive’’.

4. Section 607.7 is amended by

redesignating paragraph (b) as paragraph

(c); adding a new paragraph (b); adding

a new definition of ‘‘Hispanic student’’

to redesignated paragraph (c) in

alphabetical order; and revising the

authority citation to read as follows:

§ 607.7 What definitions apply?

* * * * *

(b) The following terms used in this

part are defined in section 316 of the

HEA:

First generation college student

Hispanic-serving institution

Low-income individuals

(c) * * *

Hispanic student means a person of

Mexican, Puerto Rican, Cuban, Central

or South American, or other Spanish

culture or origin, regardless of race.

* * * * *

(Authority: 20 U.S.C. 1051, 1057–1059 and

1066–1069f; OMB Directive No. 15)

5. Section 607.10 is amended by

removing the word ‘‘or’’ at the end of

paragraph (b)(5)(ii); removing the period

at the end of paragraph (b)(6)(ii), and

adding, in its place, a semicolon;

removing the period at the end of

paragraph (b)(7), and adding, in its

place, ‘‘; or’’; adding a new paragraph

(b)(8); and revising the authority citation

to read as follows:

§ 607.10 What activities may and may not

be carried out under a grant?

* * * * *

(b) * * *

(8) For grants authorized under

section 316 of the HEA to HSIs—

(i) Purchase, rental, or lease of

scientific or laboratory equipment for

educational purposes, including

instructional and research purposes;

(ii) Renovation and improvement in

classroom, library, laboratory, and other

instructional facilities;

(iii) Support of faculty exchanges,

faculty development, and faculty

fellowships to assist in attaining

advanced degrees in their field of

instruction;

(iv) Curriculum development and

academic instruction;

(v) Purchase of library books,

periodicals, microfilm, and other

educational materials;

(vi) Funds and administrative

management, and acquisition of

equipment for use in strengthening

funds management;

(vii) Joint use of facilities such as

laboratories and libraries; and

(viii) Academic tutoring and

counseling programs and student

support services.

* * * * *

(Authority: 20 U.S.C. 1057 et seq.)

6. Section 607.11 is amended by

removing the word ‘‘and’’ at the end of

paragraph (b); removing the period at

the end of paragraph (d)(3), and adding,

in its place, ‘‘; and’’; adding a new

paragraph (e); and revising the authority

citation to read as follows:

§ 607.11 What must be included in

individual development applications?

* * * * *

(e) For a grant under section 316 of

the HEA to an HSI, as a part of the

applicant’s Comprehensive

Development Plan (CDP) required in

§ 607.8, a five-year plan for improving

the assistance provided by the HSI to

Hispanic and other low-income

students.

(Authority: 20 U.S.C. 1057 et seq.)

7. Section 607.20 is amended by

adding the word ‘‘individual’’ before the

word ‘‘grantees’’ in paragraph (b)(1); by

removing the words ‘‘a grantee’’ in

paragraph (b)(1), and adding, in their

place, the words ‘‘an individual

grantee’’; and by removing the words ‘‘a

grantee’’ in paragraph (b)(2), and

adding, in their place, the words ‘‘an

individual grantee’’.

8. Section 607.23 is amended by

adding a new paragraph (e) and revising

the authority citation to read as follows:

§ 607.23 What special funding

consideration does the Secretary provide?

* * * * *

(e) The Secretary gives priority to

applications from HSIs that contain

satisfactory evidence that the HSI has

entered into or will enter into a

collaborative arrangement with at least

one local educational agency to provide

that agency with assistance (from funds

other than funds provided under Title

III Part A of the HEA) in—

(1) Reducing the dropout rates of

Hispanic students;

(2) Improving rates of academic

achievement of Hispanic students; and

(3) Increasing the rates at which

Hispanic high school graduates enroll in

higher education.

(Authority: 20 U.S.C. 1057 et seq.)

[FR Doc. 95–7273 Filed 3–22–95; 8:45 am]

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