High School Equivalency Program and College Assistance Migrant Program, the Federal TRIO Programs, and Gaining Early Awareness and Readiness for Undergraduate Program, 13814-13907 [2010-4869]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Proposed Rules]
[Pages 13814-13907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4869]



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Part II





Department of Education





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34 CFR Parts 206, 642, 643, et al.



High School Equivalency Program and College Assistance Migrant Program, 
the Federal TRIO Programs, and Gaining Early Awareness and Readiness 
for Undergraduate Program; Proposed Rule

Federal Register / Vol. 75 , No. 55 / Tuesday, March 23, 2010 / 
Proposed Rules

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DEPARTMENT OF EDUCATION

34 CFR Parts 206, 642, 643, 644, 645, 646, 647, and 694

RIN 1840-AD01
[Docket ID ED-2010-OPE-0002]


High School Equivalency Program and College Assistance Migrant 
Program, the Federal TRIO Programs, and Gaining Early Awareness and 
Readiness for Undergraduate Program

AGENCIES: Office of Postsecondary Education and Office of Elementary 
and Secondary Education, Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Secretary proposes to amend current regulations, and 
establish new regulations, for the High School Equivalency Program and 
College Assistance Migrant Program (HEP and CAMP); the Federal TRIO 
programs (TRIO Programs--Training Program for Federal TRIO Programs 
(Training), Talent Search (TS), Educational Opportunity Centers (EOC), 
Upward Bound (UB), Student Support Services (SSS), and the Ronald E. 
McNair Postbaccalaureate Achievement (McNair) Programs; and the Gaining 
Early Awareness and Readiness for Undergraduate Program (GEAR UP) 
program.
    The purpose of HEP is to help migrant and seasonal farmworkers and 
their immediate family members obtain a general educational development 
(GED) credential, while CAMP assists students from this background to 
complete their first academic year of college and continue in 
postsecondary education. The Federal TRIO programs consist of five 
postsecondary educational opportunity outreach and support programs 
designed to motivate and assist low-income individuals, first-
generation college students, and individuals with disabilities to enter 
and complete secondary and postsecondary programs of study and enroll 
in graduate programs, and a training program for project staff working 
in one or more of the Federal TRIO programs. The purpose of the GEAR UP 
program is to increase the number of low-income students who are 
prepared to enter and succeed in postsecondary education.
    These proposed regulations are needed to implement provisions of 
the Higher Education Act of 1965, as amended (HEA) by the Higher 
Education Opportunity Act of 2008 (HEOA) that relate to the HEP and 
CAMP, Federal TRIO, and GEAR UP programs.

DATES: We must receive your comments on or before April 22, 2010.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by e-mail. Please submit your comments only 
one time, in order to ensure that we do not receive duplicate copies. 
In addition, please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to https://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 ``How To Use This Site.''
     Postal Mail, Commercial Delivery, or Hand Delivery. If you 
mail or deliver your comments about these proposed regulations, address 
them to Pamela Maimer, U.S. Department of Education, 1990 K Street, 
NW., Room 8014, Washington, DC 20006-8014.

    Privacy Note: The Department's policy for comments received from 
members of the public (including those comments submitted by mail, 
commercial delivery, or hand delivery) is to make these submissions 
available for public viewing in their entirety on the Federal 
eRulemaking Portal at https://www.regulations.gov. Therefore, 
commenters should be careful to include in their comments only 
information that they wish to make publicly available on the 
Internet.


FOR FURTHER INFORMATION CONTACT: For general information, Pamela J. 
Maimer, U.S. Department of Education, 1990 K Street, NW., Room 8014, 
Washington, DC 20006-8014. Telephone: (202) 502-7704 or via the 
Internet at: Pamela.Maimer@ed.gov.
    For information related to HEP and CAMP issues, Nathan Weiss, U.S. 
Department of Education, Office of Migrant Education, 400 Maryland Ave. 
SW., Room 3E-321, Washington, DC 20202-6135. Telephone: (202) 260-7496 
or via the Internet at: Nathan.Weiss@ed.gov.
    For information related to Federal TRIO issues, Frances Bergeron, 
U.S. Department of Education, 1990 K Street, NW., room 7059, 
Washington, DC 20006-7059. Telephone: (202) 502-7528 or via the 
Internet at Frances.Bergeron@ed.gov.
    For information related to GEAR UP issues, James Davis, U.S. 
Department of Education, 1990 K Street, NW., Room 6109, Washington, DC 
20006-6109. Telephone: (202) 502-7802 or via the Internet at: 
James.Davis@ed.gov.
    If you use a telecommunications device for the deaf, call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to any of the contact persons listed under FOR 
FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: 

Invitation To Comment

    As outlined in the section of this notice entitled Negotiated 
Rulemaking, significant public participation, through six public 
hearings and three negotiated rulemaking sessions, has occurred in 
developing this notice of proposed rulemaking (NPRM). In accordance 
with the requirements of the Administrative Procedure Act, the 
Department invites you to submit comments regarding these proposed 
regulations on or before April 22, 2010. To ensure that your comments 
have maximum effect in developing the final regulations, we urge you to 
identify clearly the specific section or sections of the proposed 
regulations that each of your comments addresses and to arrange your 
comments in the same order as the proposed regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866, including its overall 
requirements to assess both the costs and the benefits of the proposed 
regulations and feasible alternatives, and to make a reasoned 
determination that the benefits of these proposed regulations justify 
their costs. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the programs.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations by accessing Regulations.gov. 
You may also inspect the comments, in person, in Room 8033, 1990 K 
Street, NW., Washington, DC between the hours of 8:30 a.m. and 4:00 
p.m. Eastern Time, Monday through Friday of each week except Federal 
holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment

[[Page 13815]]

for this type of aid, please contact one of the persons listed under 
FOR FURTHER INFORMATION CONTACT.

Negotiated Rulemaking

    Section 492 of the HEA requires the Secretary, before publishing 
any proposed regulations for programs authorized by Title IV of the 
HEA, to obtain public involvement in the development of the proposed 
regulations. After obtaining advice and recommendations from the 
public, including individuals and representatives of groups involved in 
the discretionary grant programs authorized under title IV of the HEA, 
the Secretary must subject the proposed regulations to a negotiated 
rulemaking process. All proposed regulations that the Department 
publishes on which the negotiators reached consensus must conform to 
final agreements resulting from that process unless the Secretary 
reopens the process or provides a written explanation to the 
participants stating why the Secretary has decided to depart from the 
agreements. Further information on the negotiated rulemaking process 
can be found at: https://www.ed.gov/policy/highered/leg/hea08/.
    On December 31, 2008, the Department published a notice in the 
Federal Register (73 FR 80314) announcing our intent to establish five 
negotiated rulemaking committees to prepare proposed regulations. One 
committee would focus on issues related to lender and general loan 
issues (Team I--Loans-Lender General Loan Issues). A second committee 
would focus on school-based loan issues (Team II--Loans-School-based 
Loan Issues). A third committee would focus on accreditation (Team 
III--Accreditation). A fourth committee would focus on discretionary 
grants (Team IV--Discretionary Grants). A fifth committee would focus 
on general and non-loan programmatic issues (Team V--General and Non-
Loan Programmatic Issues). The notice requested nominations of 
individuals for membership on the committees who could represent the 
interests of key stakeholder constituencies on each committee.
    This NPRM reflects the work of Team IV--Discretionary Grants (Team 
IV) which met to develop proposed regulations during the months of 
February through April, 2009. This NPRM proposes regulations relating 
to the administration of the HEP and CAMP, TRIO, and GEAR UP 
discretionary grants programs.
    The Department developed a list of proposed regulatory provisions 
based on the provisions contained in the HEOA and from advice and 
recommendations submitted by individuals and organizations as testimony 
to the Department in a series of six public hearings held on--
     September 19, 2008, at the Texas Christian University, in 
Fort Worth, Texas;
     September 29, 2008, at the University of Rhode Island, in 
Providence, Rhode Island;
     October 2, 2008, at the Pepperdine University, in Malibu, 
California;
     October 6, 2008, at Johnson C. Smith University, in 
Charlotte, North Carolina;
     October 8, 2008, at the U.S. Department of Education, in 
Washington DC; and
     October 15, 2008, at Cuyahoga Community College, in 
Warrensville Heights, Ohio.
    In addition, the Department accepted written comments on possible 
regulatory provisions submitted directly to the Department by 
interested parties and organizations. A summary of all comments 
received orally and in writing is posted as background material in the 
docket for this NPRM. Transcripts of the regional meetings can be 
accessed at https://www.ed.gov/policy/highered/leg/hea08/.
    Staff within the Department also identified additional issues for 
discussion and negotiation.
    At its first meeting, Team IV reached agreement on its protocols. 
These protocols provided that for each community of interest identified 
as having interests that were significantly affected by the subject 
matter of the negotiations, the non-Federal negotiators would represent 
the organizations listed after their names in the protocols in the 
negotiated rulemaking process.
    The Discretionary Grant Team IV Negotiated Rulemaking Committee 
included the following members:

Representing the TRIO Programs

     David Megquier and Maureen Hoyler (alternate), Council for 
Opportunity in Education.
     Charlene Manco and Larry Letourneau (alternate), National 
Educational Opportunities Association.
     Laura Qaissaunee and R. Renee Hampton (alternate), 
American Association of Community Colleges.
     Jon Westby, Minneapolis Community and Technical College 
and Mike Henry, Southwest Virginia Community College (alternate), 
representing TRIO two-year institutions.
     Deltha Q. Colvin, The Wichita State University and Troy 
Johnson, University of North Texas (alternate), representing TRIO four-
year institutions.
     Brenda Dann-Messier, Dorcas Place Adult & Family Learning 
Center, representing TRIO community organizations.

Representing the GEAR UP Program

     Teena L. Olszewski, Northern Arizona University, Allison 
G. Jones, The California State University, and Weiya Liang, Washington 
Higher Education Coordinating Board (alternate), representing GEAR UP 
four-year institutions.
     Louis Niro, Cuyahoga Community College, representing GEAR 
UP two-year institutions.
     Jennifer Martin and Karen McCarthy (alternate), National 
Association of Student Financial Aid Administrators.
     Linda Shiller, Vermont Student Assistance Corporation 
representing GEAR UP State grantees.

Representing the HEP and CAMP Programs

     Arturo Martinez and Javier Gonzalez (alternate), The 
National HEP/CAMP Association.

Representing Students

     Cedric Lawson, United Council of University of Wisconsin, 
and Gregory A. Cendana (alternate), United States Student Association.

Representing the Federal Government

     Lynn Mahaffie, U.S. Department of Education.
    Team IV's protocols also provided that, unless agreed to otherwise, 
consensus on all of the amendments in the proposed regulations had to 
be achieved for consensus to be reached on the entire NPRM. Consensus 
means that there must be no dissent by any member.
    During the meetings, Team IV reviewed and discussed drafts of 
proposed regulations. At the final meeting in April 2009, the team 
reached tentative agreement on the proposed regulations for the HEP, 
CAMP and GEAR UP programs as well as on many of the proposed TRIO 
program regulations. However, some non-Federal negotiators did not 
agree to the Department's proposed regulations relating to the use of 
Talent Search grants to pay tuition for students to take courses and 
the proposed regulations to implement the new statutory requirement for 
a second review of unsuccessful applications for TRIO grants. Because 
the committee did not agree on the proposed regulations for the TRIO 
programs, Team IV did not reach consensus on the proposed regulations 
in this NPRM.

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    We propose to accept changes that reflect the tentative agreements 
made in the negotiation sessions for the HEP, CAMP, and GEAR UP 
programs in their entirety. In the TRIO proposed regulations, we 
accepted many of the changes tentatively agreed to in the negotiation 
sessions.
    More information on the work of Team IV can be found at https://www.ed.gov/policy/highered/reg/hearulemaking/2009/grants.html.

Summary of Proposed Changes

    These proposed regulations would implement changes made by the HEOA 
to discretionary grant programs authorized by title IV of the HEA, 
including:

HEP and CAMP Programs

     Expanding eligibility for HEP and CAMP to allow students 
to qualify for the program through their own qualifying work, or that 
of an immediate family member, rather than only through their own work 
or that of a parent, as the statute previously held (see section 
418A(b)(B)(i) of the HEA).
     Defining the term immediate family member to include only 
individuals who are dependent upon a migrant or seasonal farmworker 
(see section 418A(b)(B)(i) of the HEA).
     Revising the definition of the term seasonal farmworker to 
clarify that the individual's primary employment in migrant and 
seasonal farmwork must occur for at least 75 days within the past 24 
months (see section 418A(b)(1)(B)(i) of the HEA).
     Amending the authorized HEP services section to (1) 
Provide that permissible HEP services include preparation for college 
entrance examinations; (2) provide that permissible HEP services 
include all stipends--not only weekly stipends--for HEP participants; 
(3) add transportation and child care as examples of essential 
supportive services; and (4) specify that HEP services include other 
activities to improve persistence and retention in postsecondary 
education (see section 418A(b) of the HEA).
     Amending the authorized CAMP services section to specify 
that (1) Permissible CAMP services include supportive and instructional 
services to improve placement, persistence, and retention in 
postsecondary education; (2) these supportive services include 
personal, academic, career, economic education, or personal finance 
counseling as an ongoing part of the program, and (3)permissible CAMP 
services include internships (see section 418A(c)(1) of the HEA).
     Amending the follow-up CAMP services section to include 
(1) referring CAMP students to on-campus or off-campus providers of 
counseling services, academic assistance, or financial aid, and 
coordinating those services, assistance, and aid with other non-program 
services, assistance, and aid, including services, assistance, and aid 
provided by community-based organizations, which may include mentoring 
and guidance, and (2) for students attending two-year institutions of 
higher education, encouraging the students to transfer to four-year 
institutions of higher education, where appropriate, and monitoring the 
rate of transfer of these students (see section 418A(c)(2) of the HEA).
     Amending the minimum allocation for HEP and CAMP grants to 
provide that the Secretary must not allocate an amount less than 
$180,000 (see section 418A(e) of the HEA).
     Adding to the HEP and CAMP program regulations the 
criteria the Department considers in evaluating prior experience (see 
section 418A(f) of the HEA).

Federal TRIO Programs

    The HEOA made a number of significant changes to the Federal TRIO 
programs that necessitate changes to the current regulations. The 
statutory changes to the TRIO programs include:
     Amending or adding definitions for different campus and 
different population, which change current regulatory definitions of 
these terms for the SSS program and current practice with regard to the 
number of applications an eligible entity may submit under each of the 
TRIO programs (see section 402A(h)(1) and (h)(2) of the HEA).
     Amending the services or activities that projects funded 
under the Federal TRIO programs must provide and services or activities 
that these projects may provide (see section 402B(b) and (c) (TS); 
section 402C(b), (c) and (d) (UB); section 402D(b) and (c) (SSS); 
section 402E(b) and (c) (McNair); section 402F(b) (EOC); and section 
402G(b) (Training) of the HEA).
     Adding new categories of participants (foster care youth 
and homeless children and youth) for whom projects funded under these 
programs are to provide services (see section 402A(e)(3) of the HEA).
     Adding new outcome criteria for most of the TRIO programs 
(except for the Training program) which the Secretary must use for 
prior experience determinations: TS (see section 402A(f)(3)(A) of the 
HEA); UB (see section 402A(f)(3)(B) of the HEA); SSS (see section 
402A(f)(3)(C) of the HEA); McNair (see section 402A(f)(3)(D) of the 
HEA); and EOC (see section 402A(f)(3)(E) of the HEA).
     Specifying a new procedure for handling unsuccessful 
applications using a two-stage process (see section 402A(c)(8)(C) of 
the HEA).
     Revising definitions for some terms and adding new 
regulatory definitions to implement amendments to the HEA by the HEOA:
     Financial and economic literacy (see section 402B(b)(6) of 
the HEA (TS), section 402C(b)(6) of the HEA (UB), section 402D(b)(4) of 
the HEA (SSS), section 402E(c)(1) of the HEA (McNair)), and section 
402F(b)(5) of the HEA (EOC));
     Foster care youth and homeless children and youth (see 
sections 402A(e)(3), 402B(c)(7) (TS), 402C(d)(7) (UB), 402D(a)(3) and 
(c)(6) (SSS), 402F(b)(11) (EOC), and 402G(b)(5) of the HEA (Training)).
     Graduate center (see sections 101 and 102 of the HEA and 
section 402E(d)(2)of the HEA); groups underrepresented in graduate 
school (see section 402E(d)(2) of the HEA); and research and scholarly 
activities (see section 402E(b)of the HEA (McNair)).
     Individual with disabilities (see sections 402B(c)(7) 
(TS), 402C(d)(7) (UB), 402D(a)(3) and (c)(6) (SSS), 402F(b)(11) (EOC), 
and 402G(b)(5) of the HEA (Training)).
     Individual who has a high risk for academic failure and 
veteran who has a high risk for academic failure (see sections 
402A(f)(3)(B)(iii) and (iv) and 402C(e)(2) of the HEA).
     Institution of higher education (see sections 101 and 102 
of the HEA (All Federal TRIO programs)).
     Regular secondary school diploma and rigorous secondary 
school program of study (see sections 402A(f)(3)(A)(iii) and (iv) and 
402A(f)(3)(B) of the HEA (TS and UB)).
     Veteran (see section 402A(h)(5) of the HEA (TS, EOC, and 
UB)).
    Additionally, the regulations for the TRIO programs need to be 
amended to reflect other changes made by the HEOA, other amendments to 
the HEA, and established administrative practices. These changes 
include the following:
     Amending the project period for the TRIO programs. The 
proposed regulations would define the project period as five years for 
TS, UB, SSS, McNair, and two years for TRIO Training (see section 
402A(b)(2)(B) and (C) of the HEA).
     Revising the selection criteria related to ``Objectives'' 
for the following TRIO pre-college and college programs:

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TS (see section 402A(f)(3)(A) of the HEA); UB (see section 
402A(f)(3)(B) of the HEA); SSS (see section 402A(f)(3)(C) of the HEA); 
McNair (see section 402A(f)(3)(D) of the HEA); and EOC (see section 
402A(f)(3)(E) of the HEA).
     Removing the minimum number of participants in the 
regulations for TS, EOC, UB, Upward Bound Math and Science, and 
Veterans Upward Bound projects (see sections 402A(f), 402A (b)(3), 
402B, 402C, 402F of the HEA). For each grant competition, the 
Department will establish minimum numbers of participants to be served 
by a grantee through the Federal Register notice inviting application.
     Revising sections of the TRIO Training regulations to 
reflect current law and practice regarding: (1) The need for the 
project selection criteria and the process for ranking applications by 
priority; (2) the use of prior experience points in the ranking of 
applications for funding; and (3) the number of prior experience points 
that can be earned (see section 402G(2) of the HEA).

GEAR UP

     Providing that the Secretary award competitive preference 
priority points to an eligible applicant for a State GEAR UP grant that 
has both carried out a successful State GEAR UP grant prior to August 
14, 2008, and prior, demonstrated commitment to early intervention 
leading to college access through collaboration and replication of 
successful strategies; and specifying how the Department determines 
whether a State GEAR UP grant has been ``successful'' (see section 
404A(b)(3) of the HEA).
     Explaining when a GEAR UP grantee is allowed to provide 
services to students attending an institution of higher education (see 
section 404A(b)(2) of the HEA).
     Requiring grantees that continue to provide services to 
students through their first year of attendance at an institution of 
higher education, to the extent practicable, to coordinate with other 
campus programs in order not to duplicate services (see section 
404A(b)(2) of the HEA).
     Revising the matching requirement to require that a GEAR 
UP grantee make substantial progress towards meeting the matching 
percentage stated in its approved application for each year of the 
project period. Grantees would no longer be required to meet the 
matching requirement each year of the project period (section 
404C(b)(1) of the HEA).
     Revising the regulations concerning the matching 
requirement for Partnerships by: (1) Providing authority for the 
Secretary to waive up to 50 to 75 percent of the matching requirement 
for up to two years under certain circumstances; and (2) creating a 
multiple-tiered system for different types of waiver requests (see 
section 404C(b)(2) of the HEA).
     Providing for tentative approval of a Partnership 
applicant's request for a 50-percent waiver for the entire project 
period so that a Partnership applicant that meets the conditions for 
such a waiver has an opportunity to apply for a grant without needing 
to identify additional sources of match funding in the later years of 
the project period (see section 404C(b)(2) of the HEA).
     Adding a list of required and allowable activities and 
separating these required and allowable activities into multiple 
regulatory sections (see section 404D of the HEA).
     Specifying that GEAR UP grantees may provide activities 
that support participating students to develop graduation and career 
plans and that these graduation and career plans may include career 
awareness and planning activities as they relate to a rigorous academic 
curriculum (see section 404D(b)(5)(D) of the HEA).
     Clarifying that GEAR UP funds may be used to support the 
costs of administering a scholarship program as well as the costs of 
the scholarships themselves (see sections 404E(a)(1) and 404D(b)(7) of 
the HEA).
     Describing the types of services that a grantee may 
provide to students in their first year of attendance at an institution 
of higher education and listing examples of these services (see section 
404D of the HEA).
     Specifying the minimum amount of scholarship funding for 
an eligible student, and providing that the State or Partnership 
awarding the GEAR UP scholarship may reduce the scholarship amount if 
an eligible student who is awarded a GEAR UP scholarship attends an 
institution of higher education on a less than full-time basis during 
any award year (see section 404E(d) of the HEA).
     Incorporating the statutory definition of the term 
eligible student (from section 404E(g) of the HEA) in the program 
regulations.
     Specifying the amount of funds that State grantees that do 
not receive a waiver of the requirement that States must expend at 
least 50 percent of their GEAR UP funding on scholarships must hold in 
reserve for scholarships and how States must use these funds (see 
section 404E(e) of the HEA).
     Clarifying that scholarships must be made to all students 
who are eligible under the definition in Sec.  694.12(b) and that a 
grantee may not impose additional eligibility criteria that would have 
the effect of limiting or denying a scholarship to an eligible student 
(see section 404E(e) and (g) of the HEA).
     Requiring States awarding scholarships to provide 
information on the eligibility requirements for the scholarships to all 
participating students upon the students' entry into the GEAR UP 
program (see section 404E(c) of the HEA).
     Requiring States to provide scholarship funds to all 
eligible students who attend an institution of higher education in the 
State, and allowing States to provide these scholarship funds to 
eligible students who attend institutions of higher education outside 
the State (see section 404E(e) and (g) of the HEA).
     Specifying that a State or Partnership may award 
continuation scholarships in successive award years to each student who 
received an initial scholarship and who is enrolled or accepted for 
enrollment in a program of undergraduate instruction at an institution 
of higher education (see section 404E of the HEA).
     Providing that a GEAR UP Partnership that does not 
participate in the GEAR UP scholarship component may provide financial 
assistance for postsecondary education using non-Federal funds obtained 
to comply with the program's matching requirement (see section 404C(b) 
of the HEA).
     Specifying the requirements for the return of scholarship 
funds. Specifically, (1) Providing that scholarship funds held in 
reserve by States under Sec. Sec.  694.12 (b)(1) or 694.12(c) or by 
Partnerships under section 404D(b)(7) of the HEA that are not used by 
an eligible student within six years of the student's scheduled 
completion of secondary school may be redistributed by the grantee to 
other eligible students; (2) requiring the return of remaining Federal 
funds within 45 days after the six-year period for expending the 
scholarship funds expires; (3) requiring grantees to annually furnish 
information, as the Secretary may require, on the amount of Federal and 
non-Federal funds reserved and held for GEAR UP scholarships and the 
disbursement of those funds to eligible students until these funds are 
fully expended or returned to the Secretary; and (4) providing that a 
scholarship fund under the GEAR UP program is subject to audit or 
monitoring by authorized representatives of the Secretary throughout 
the life of the fund (see section 404E(e)(4) of the HEA).
     Requiring grantees that receive initial grant awards after 
the passage of

[[Page 13818]]

the HEOA must continue to serve students from a previous grant received 
by the grantee (see sec 404A(b)(3)(B) of the HEA).
     Clarifying whom a grantee must serve if not all students 
in the cohort attend the same school after the cohort completes the 
last grade level offered by the school at which the cohort began to 
receive GEAR UP services (see section 404B(d) of the HEA).
     Specifying that 21st Century Scholarship Certificates are 
to be provided by the grantees (rather than by the Secretary to the 
grantees), and must indicate the estimated amount.

Significant Proposed Regulations

    We group major issues according to subject, with appropriate 
sections of the proposed regulations referenced in parentheses.

Part 206--Special Educational Programs for Students Whose Families Are 
Engaged in Migrant and Other Seasonal Farmwork--High School Equivalency 
Program and College Assistance Migrant Program

HEP and CAMP Eligibility

    Statute: Sections 408(1)(A) and 408(2)(A)(i)(I) of the HEOA amend 
sections 418A(b)(1)(B)(i) and 418A(c)(1)(A) of the HEA, respectively, 
to expand the pool of individuals who may receive HEP and CAMP services 
from persons who themselves, or whose parents, have spent a minimum of 
75 days during the past 24 months in migrant and seasonal farmwork, to 
persons who themselves or whose immediate family have performed such 
work. The statute does not define the term ``immediate family.''
    Current Regulations: Current Sec.  206.3 specifies who is eligible 
to participate in a HEP or CAMP project. It does not reflect the 
changes made by the HEOA to the HEP and CAMP eligibility requirements.
    Proposed Regulations: We are proposing to revise current Sec.  
206.3(a)(1) to specify that in order to be eligible to participate in a 
HEP or CAMP project a person, or his or her immediate family member, 
must have spent a minimum of 75 days during the past 24 months as a 
migrant or seasonal farmworker. Current Sec.  206.3(a)(2), regarding 
alternative eligibility for HEP and CAMP on the basis of eligibility 
under the Migrant Education Program authorized under subpart C of Title 
I of the Elementary and Secondary Education Act (MEP) or the National 
Farmworkers Jobs Program authorized in section 167 of the Workforce 
Investment Act of 1998 (NFJP), would remain unchanged except for 
updating the reference to the MEP regulations to 34 CFR part 200.
    We also are proposing to add to the list of definitions in current 
Sec.  206.5 (What definitions apply to these programs?) a definition of 
the term immediate family member. Specifically, we would redesignate 
current Sec.  206.5(c)(5), (c)(6), and (c)(7) as proposed Sec.  
206.5(c)(6), (c)(7), and (c)(8), respectively, and then add a new 
paragraph (c)(5) to define the term immediate family member as one or 
more of the following: a spouse; a parent, step-parent, adoptive 
parent, foster parent, or anyone with guardianship; or any person who 
(1) claims the individual as a dependent on a Federal income tax return 
for either of the previous two years, or (2) resides in the same 
household as the individual, supports that individual financially, and 
is a relative of that individual.
    Reasons: We are proposing to revise current Sec.  206.3(a) to 
specify that in order to be eligible to participate in a HEP or CAMP 
project a person, or his or her immediate family member, must have 
spent a minimum of 75 days during the past 24 months as a migrant or 
seasonal farmworker. This proposed regulatory change would reflect the 
changes made to sections 418A(b)(1)(B)(i) and 418A(c)(1)(A) of the HEA 
by sections 408(1)(A) and 408(2)(A)(i)(I) of the HEOA, respectively. We 
propose to use the term immediate family member in Sec.  206.3(a), 
rather than the statutory term ``immediate family,'' for clarity.
    During our negotiated rulemaking sessions, the Department and non-
Federal negotiators agreed that defining the term immediate family 
member in these regulations would help ensure consistency in the 
application of this term across HEP and CAMP projects. In developing a 
proposed definition for this term, the Department considered examples 
of similar definitions used by other government programs, as well as 
the comments of the non-Federal negotiators and previous discussions 
with stakeholders in the HEP and CAMP community. Most importantly, the 
Department agreed with the non-Federal negotiators that it is important 
to ensure that eligibility for the HEP and CAMP programs extends only 
to an individual who is, or is dependent upon, a migrant or seasonal 
farmworker, and defined the term immediate family member accordingly.
    Finally, we are proposing to revise current Sec.  206.3(a)(2) to 
update the regulatory cross-reference regarding the MEP, which appears 
in 34 CFR part 200, subpart C, not 34 CFR part 201.

HEP and CAMP Definition of Seasonal Farmworker

    Statute: Sections 418A(b)(1)(B)(i) and 418A(c)(1)(A) of the HEA 
provide that the services authorized for HEP and CAMP include services 
to reach persons who themselves have spent, or whose immediate family 
have spent, a minimum of 75 days during the past 24 months in migrant 
and seasonal farmwork.
    Current Regulations: Current Sec.  206.5(c)(7) defines seasonal 
farmworker as a person who, within the past 24 months, was employed for 
at least 75 days in farmwork, and whose primary employment was in 
farmwork on a temporary or seasonal basis (that is, not a constant 
year-round activity). This definition does not define when and for how 
long the ``primary employment'' must occur.
    Proposed Regulations: We are proposing to amend newly redesignated 
Sec.  206.5(c)(8) (current Sec.  206.5(c)(7)) to clarify that the term 
seasonal farmworker means a person whose primary employment was in 
farmwork on a temporary or seasonal basis (that is, not a constant 
year-round activity) for a period of at least 75 days within the past 
24 months.
    Reasons: The Department believes that the current definition of 
seasonal farmworker should be revised to clarify that the ``primary 
employment'' in migrant and seasonal farmwork must occur for at least 
75 days within the past 24 months. While this was the intended meaning 
of the term in current Sec.  206.5(c)(7), the Department is concerned 
that some have interpreted or may interpret the current definition to 
require that a seasonal worker not only have been employed for at least 
75 days over the past 24 months in farmwork, but that the person's 
primary employment over that entire 24 months have been in farmwork. 
Because we do not believe this to be required, we propose to clarify 
the term seasonal farmworker and to ensure consistency in its 
application across HEP and CAMP projects.

Regulations That Apply to HEP and CAMP

    Statute: None.
    Current Regulations: Current Sec.  206.4 lists the regulations that 
apply to HEP and CAMP. The list of applicable regulations in this 
section was last updated in 1993.
    Proposed Regulations: We are proposing to amend Sec.  206.4 to add 
four regulations to the list of regulations that apply to HEP and CAMP. 
Specifically, we are proposing to (1) add 34 CFR part

[[Page 13819]]

84 (Governmentwide Requirements for Drug-Free Workplace (Financial 
Assistance)); 34 CFR part 97 (Protection of Human Subjects); 34 CFR 
part 98 (Student Rights in Research Experimental Programs, and Testing) 
for HEP only; and 34 CFR part 99 (Family Educational Rights and 
Privacy) to this list, and (2) redesignate two paragraphs in this 
section.
    Reasons: We are proposing to add these four regulations to the list 
of applicable regulations so that the list of regulations that apply to 
HEP and CAMP is complete and accurate. In order to maintain this list 
of applicable regulations in numerical order, we propose to redesignate 
Sec.  206.4(a)(6) and (a)(7) as Sec.  206.4(a)(7) and Sec.  
206.4(a)(8), respectively.

HEP Services

    Statute: Section 408(1)(B) through (1)(F) of the HEOA amended 
section 418A(b) of the HEA to (1) authorize as a HEP service 
preparation for college entrance examinations, and activities beyond 
those otherwise identified to improve persistence and retention in 
postsecondary education (see sections 418A(b)(3)(B) and 418A(b)(9) of 
the HEA, respectively); (2) add transportation and child care as 
examples of essential supportive services (see section 418A(b)(8) of 
the HEA); and (3) remove the limitation that stipends provided to HEP 
participants be ``weekly'' (see section 418A(b)(5) of the HEA).
    Current Regulations: Current Sec.  206.10(b)(1) specifies the types 
of services that HEP projects may provide. It does not reflect the 
changes made to the HEA by the HEOA.
    Proposed Regulations: Consistent with the statutory changes made to 
section 418A(b) of the HEA, we are proposing to amend (1) Sec.  
206.10(b)(1)(iii)(B) to provide that permissible HEP services include 
preparation for college entrance examinations; (2) Sec.  
206.10(b)(1)(v) to provide that permissible HEP services include 
stipends--not only weekly stipends--for HEP participants; (3) Sec.  
206.10(b)(1)(viii) to add transportation and child care as examples of 
essential supportive services; and (4) Sec.  206.10(b)(1)(ix) to 
specify that HEP services include other activities to improve 
persistence and retention in postsecondary education.
    Reasons: We are proposing to revise current Sec.  206.10(b)(1) to 
reflect the changes in the HEP services authorized under the HEA, as 
amended by section 408(1) of the HEOA.

CAMP Services

    Statute: Section 408(2) of the HEOA amended section 418A(c) of the 
HEA to provide that CAMP supportive and instructional services are to 
improve placement, persistence, and retention in postsecondary 
education (see section 418A(c)(1)(B) of the HEA) and that these 
supportive services include, as an ongoing part of the program, not 
only personal, academic, and career counseling, but economic education 
or personal finance counseling as well (see section 418A(c)(1)(B)(i) of 
the HEA). Section 408(2) of the HEOA also amended section 418A(c) of 
the HEA to authorize internships as a CAMP service (see section 
418A(c)(1)(F) of the HEA), and to provide both that other supportive 
services provided as necessary to ensure the success of eligible 
students must be ``essential'', and that examples of such essential 
supportive services are transportation and child care (see section 
418A(c)(1)(G) of the HEA).
    Current Regulations: Current Sec.  206.10(b)(2) specifies the types 
of services that CAMP projects may provide. It does not reflect the 
changes made by the HEOA to the HEA.
    Proposed Regulations: Consistent with the statutory changes made to 
section 418A(c) of the HEA, we are proposing to amend (1) Sec.  
206.10(b)(2)(ii) to specify that the permissible CAMP supportive and 
instructional services are to improve placement, persistence, and 
retention in postsecondary education; and (2) Sec.  206.10(b)(2)(ii)(A) 
to specify that these supportive services include, as an ongoing part 
of the program, economic education, or personal finance counseling as 
well as the previously authorized personal, academic, and career 
services. We also propose to redesignate Sec.  206.10(b)(2)(vi) as 
Sec.  206.10(b)(2)(vii), and to add a new Sec.  206.10(b)(2)(vi) to 
clarify that permissible CAMP services include internships. We propose 
to amend newly redesignated Sec.  206.10(b)(2)(vii) to add 
transportation and child care as examples of what now must be 
``essential'' supportive service.
    Reasons: We are proposing to revise current Sec.  206.10(b)(2) to 
reflect the changes made to permissible CAMP services in section 
418A(c) of the HEA by section 408A(2) of the HEOA.

Follow-Up CAMP Services

    Statute: Section 408A(2)(B) of the HEOA amended section 418A(c)(2) 
of the HEA to provide that in addition to previously authorized 
referrals of CAMP students to on- or off-campus providers of counseling 
services, academic assistance, or financial aid, follow-up services to 
CAMP students may include (1) the coordination of such services, 
assistance, and aid with other non-program services, assistance, and 
aid, including services, assistance, and aid provided by community-
based organizations, which may include mentoring and guidance; and (2) 
for students attending two-year IHEs, encouraging the students to 
transfer to four-year IHEs where appropriate, and monitoring the rate 
of transfer of these students.
    Current Regulations: Current Sec.  206.11 specifies the types of 
services that CAMP projects must provide. Under current Sec.  
206.11(a), CAMP projects must provide ``follow-up services'' for 
project participants after they have completed their first year of 
college. Current Sec.  206.11(b) provides a list of what ``follow-up 
services'' may include.
    Proposed Regulations: Consistent with the statutory changes made to 
section 418A(c)(2) of the HEA, we are proposing to amend Sec.  206.11 
to provide that follow-up CAMP services may include (1) in addition to 
the previously authorized referrals of CAMP students to on- or off-
campus providers of counseling services, academic assistance, or 
financial aid, the coordination of those services, assistance, and aid 
with other non-program services, assistance, and aid, including 
services, assistance, and aid provided by community-based 
organizations, which may include mentoring and guidance, and (2) for 
students attending two-year IHEs, encouraging the students to transfer 
to four-year IHEs, where appropriate, and monitoring the rate of 
transfer of these students.
    Reasons: We are proposing to revise current Sec.  206.11 to reflect 
the changes made to mandatory CAMP services in section 418A(c)(2)(B) 
and (c)(2)(C) of the HEA by section 408A(2)(B) of the HEOA.

Minimum Allocations

    Statute: Section 418A(f) of the HEA, as amended by section 408A(4) 
of the HEOA, increases from $150,000 to $180,000 the minimum amount of 
any allocation the Secretary makes for any HEP or CAMP project.
    Current Regulations: Consistent with prior law, current Sec.  
206.20(b)(2) requires each applicant for a HEP or CAMP award to include 
an annual budget of no less than $150,000.
    Proposed Regulations: We are proposing to amend Sec.  206.20(b)(2) 
to provide that in applying for a HEP or CAMP grant, an applicant's 
grant

[[Page 13820]]

application must include an annual budget of not less than $180,000.
    Reasons: We are proposing to revise current Sec.  206.20(b)(2) to 
reflect the changes made to minimum allocations for HEP and CAMP in 
section 418A(f) of the HEA by section 408A(4) of the HEOA.

Prior Experience Points for HEP and CAMP Service Delivery

    Statute: Section 418A(e) of the HEA, as amended by section 408A(3) 
of the HEOA, provides that in making HEP and CAMP grants, the 
Department must consider an applicant's prior experience of service 
delivery under the particular project for which it seeks further 
funding, and must give this prior experience the same level of 
consideration it gives to the prior experience of applicants for TRIO 
grants.
    Current Regulations: None.
    Proposed Regulations: The Department is proposing to add a new 
Sec.  206.31(a) to provide that in the case of an applicant for a HEP 
award, the Secretary considers the applicant's experience in 
implementing an expiring HEP project with respect to (1) whether the 
applicant served the number of participants described in its approved 
application; (2) the extent to which the applicant met or exceeded its 
funded objectives with regard to project participants, including the 
targeted number and percentage of (i) participants who received a 
general educational development (GED) credential; and (ii) GED 
credential recipients who were reported as entering postsecondary 
education programs, career positions, or the military; and (3) the 
extent to which the applicant met the administrative requirements, 
including recordkeeping, reporting, and financial accountability under 
the terms of the previously funded award.
    We also are proposing to add a new Sec.  206.31(b) to provide that 
in the case of an applicant for a CAMP award, the Secretary considers 
the applicant's experience in implementing an expiring CAMP project 
with respect to (1) Whether the applicant served the number of 
participants described in its approved application; (2) the extent to 
which the applicant met or exceeded its funded objectives with regard 
to project participants, including the targeted number and percentage 
of participants who (i) successfully completed the first year of 
college; and (ii) continued to be enrolled in postsecondary education 
after completing their first year of college; and (3) the extent to 
which the applicant met the administrative requirements, including 
recordkeeping, reporting, and financial accountability under the terms 
of the previously funded award.
    Reasons: The Department proposes adding to the HEP and CAMP program 
regulations the specific criteria we would consider in evaluating prior 
experience in order to be consistent with the Department's approach in 
TRIO. The criteria for evaluating prior experience that we specify in 
proposed Sec.  206.31 is based on the language in previously approved 
application packages for HEP and CAMP. The non-Federal negotiators 
agreed with this approach and reached tentative agreement on this 
issue.

    Note: The TRIO programs have had a longstanding requirement that 
only applicants with an expiring TRIO project are eligible for the 
priority for prior experience. Consequently, in providing the same 
degree of consideration for prior experience as provided under the 
Federal TRIO programs, we view this aspect of proposed Sec.  
206.31(a) to be statutorily required.

Federal TRIO Programs--34 CFR Parts 642 (Training Program for Federal 
TRIO Programs), 643 (Talent Search), 644 (Educational Opportunity 
Centers), 645 (Upward Bound Program), 646 (Student Support Services 
Program), 647 (Ronald E. McNair Postbaccalaureate Achievement Program)

    Section 403(a) of the HEOA has amended section 402A of the HEA to 
include a number of new requirements that apply across the Federal TRIO 
programs (i.e., the Talent Search (TS), Upward Bound (UB), Student 
Support Services (SSS), Ronald E. McNair Postbaccalaureate Achievement 
(McNair), Educational Opportunity Centers (EOC), and Staff Development 
Activities (Training) programs). Additionally, section 403(b) through 
(g) of the HEOA amended sections 402B, 402C, 402D, 402E, 402F, and 
402G, to make specific changes to the TS, UB, SSS, McNair, EOC, and 
Training programs, respectively.
    Because a number of the statutory changes made to the HEA by the 
HEOA affect multiple Federal TRIO programs similarly, we have organized 
the discussion of proposed changes to the Federal TRIO program 
regulations by first addressing crosscutting issues by subject matter 
and then discussing program-specific issues on a program-by-program 
basis. We group the crosscutting issues as follows:
     Number of Applications an Eligible Entity May Submit to 
Serve Different Campuses and Different Populations.
     Definitions Applicable to More Than One Federal TRIO 
program.
     Evaluating Prior Experience--Outcome Criteria.
     Review Process for Unsuccessful Federal TRIO Program 
Applicants.
    Our discussion of issues applicable to specific programs follows 
the order of the Department's regulations for those programs (i.e., 34 
CFR parts 642 (Training), 643 (TS), 644 (EOC), 645 (UB), 646 (SSS), and 
647 (McNair)).

Number of Applications an Eligible Entity May Submit To Serve Different 
Campuses and Different Populations

    Statute: Section 402A(c)(5) of the HEA, as amended by section 
403(a)(2)(C) of the HEOA, provides that the Secretary may not limit the 
number of applications submitted by an eligible entity under any 
Federal TRIO program if the additional applications describe programs 
serving different populations or different campuses. The HEOA changed 
section 402A(c)(5) of the HEA by replacing the term ``campuses'' with 
the term ``different campuses''.
    More significantly, section 403(a)(6) of the HEOA amended section 
402A(h) of the HEA by adding definitions for the terms ``different 
campus'' and ``different population''. Section 402A(h)(1) of the HEA 
defines the term ``different campus'' as a site of an institution of 
higher education that is geographically apart from the main campus, is 
permanent in nature, and offers courses in educational programs leading 
to a degree, certificate, or other recognized educational credential.
    Section 402A(h)(2) of the HEA defines the term ``different 
population'' as a group of individuals that an eligible entity desires 
to serve using a Federal TRIO grant and that is separate and distinct 
from any other population that the entity has applied to serve, or a 
population that, while sharing some of the same needs as another 
population, has distinct needs for specialized services.
    Current Regulations: Only two of the Federal TRIO programs, the UB 
and SSS programs, have regulations that address the number of grant 
applications an eligible entity may submit.
    For the UB program, current Sec.  645.20(a) provides that the 
Secretary will accept more than one application from an eligible entity 
as long as any additional application describes a project that serves a 
different participant population. The current regulations for the UB 
program do not define the term ``different participant population''.
    For the SSS program, current Sec.  646.10 provides that the 
Secretary accepts more than one application from an eligible

[[Page 13821]]

applicant so long as each additional application describes a project 
that serves a different campus, or a different population of 
participants who cannot readily be served by a single project.
    Current Sec.  646.7 defines the terms different campus and 
different population of participants for purposes of the SSS program. 
Current Sec.  646.7 defines different campus as an institutional site 
that is geographically apart from and independent of the main campus of 
the institution. The location of an institution is ``independent of the 
main campus'' if it is: Permanent in nature; offers courses in 
educational programs leading to a degree, certificate, or other 
recognized credential; has its own faculty and administrative or 
supervisory organization; or has its own budgetary authority. Current 
Sec.  646.7 defines different population of participants as a group of 
(1) low-income, first-generation college students, or (2) disabled 
students.
    While the current regulations for the TS, EOC, and UB programs do 
not specifically address the number of applications an eligible entity 
may submit or define the terms ``different population'' or ``different 
campus'', these regulations do provide that the Secretary will consider 
the ``target area'' (for the TS, EOC, and UB programs) or ``target 
school'' (for the TS and UB programs) proposed to be served by the 
project when selecting applications (see current Sec. Sec.  643.21, 
644.21, 645.30 and 645.31). Current Sec. Sec.  643.7(b) (TS), 644.7(b) 
(EOC), and 645.6(b) (UB) generally define the term target area as a 
geographic area served by a project. Current Sec. Sec.  643.7(b) (TS) 
and 645.6(b) (UB) define the term target school as ``a school 
designated by the applicant as a focus of project services''.
    Proposed Regulations: To reflect the new statutory definitions for 
the terms different campus and different population in section 402A(h) 
of the HEA, we are proposing to amend the definitions sections of the 
applicable Federal TRIO program regulations to incorporate the 
statutory definitions of these terms. Specifically, we propose to add 
the definition of different population to current Sec. Sec.  643.7(b) 
(TS), 644.7(b) (EOC), 645.6(b) (UB), and 647.7(b) (McNair). We also 
propose to add the definition of different campus to Sec.  647.7 
(McNair). For the SSS program, we propose to amend Sec.  646.7 by 
revising the definition of the term different campus and by replacing 
the definition of the term different population of participants with 
the statutory term different population.
    To implement section 402A(c)(5) of the HEA, which provides that the 
Secretary may not limit the number of applications submitted by an 
eligible entity if the additional applications describe programs 
serving different populations or different campuses, we propose to 
amend each of the Federal TRIO program regulations to clarify when an 
eligible applicant may submit more than one application. Specifically: 
For the Training program, we propose to add a new Sec.  642.7 to 
provide that an eligible applicant may submit more than one application 
for a Training grant as long as each application describes a project 
that addresses a different absolute priority that is designated in the 
Federal Register notice inviting applications.
    For the TS program, we propose to add a new Sec.  643.10(a) to 
provide that an eligible applicant may submit more than one application 
for TS grants as long as each application describes a project that 
serves a different target area or target schools, or another designated 
different population.
    For the EOC program, we propose to add a new Sec.  644.10(a) to 
provide that an eligible applicant may submit more than one application 
for EOC grants as long as each application describes a project that 
serves a different target area or another designated different 
population.
    For the UB program, we propose to revise Sec.  645.20(a) to provide 
that an eligible applicant may submit more than one application as long 
as each application describes a project that serves a different target 
area or target school or another designated different population.
    For the SSS program, we propose to revise Sec.  646.10(a) to 
provide that an eligible applicant may submit more than one application 
as long as each application describes a project that serves a different 
campus or a designated different population.
    For the McNair program, we propose to add a new Sec.  647.10(a) to 
provide that an eligible applicant may submit more than one application 
as long as each application describes a project that serves a different 
campus or a designated different population.
    In addition, for the TS, EOC, UB, SSS, and McNair programs, we 
propose to add regulatory language that provides that, for each 
competition, the Secretary designates, in the Federal Register notice 
inviting applications and other published application materials for the 
competition, the different populations for which an eligible entity may 
submit a separate application (see proposed Sec. Sec.  643.10(b), 
644.10(b), 645.20(b), 646.10(b), and 647.10(b), respectively).
    Reasons: During the negotiated rulemaking sessions, the negotiators 
discussed whether the new definitions of the terms different campus and 
different population should apply only to the SSS program (where these 
terms are currently used) or to all of the Federal TRIO programs. The 
current regulations for the Federal TRIO programs are reflect the fact 
that the concept of a different campus is only relevant for the SSS and 
McNair programs, which serve college students. The TS, EOC, and UB 
programs are pre-college programs that do not necessarily target 
different campuses. In addition, for the TS, EOC, and UB programs, the 
traditional administrative practice has been to focus on different 
populations of students by identifying where those students live 
(target area) or where they attend school (target schools).
    Some non-Federal negotiators recommended that the Department 
continue its current practice and only apply the new definitions of 
different campus and different population to the SSS program. Other 
non-Federal negotiators disagreed, noting that the HEA now allows 
applicants applying under both the pre-college programs (TS, EOC, and 
UB) and the college programs (SSS and McNair) to submit separate 
applications to serve different populations of students. We agree that 
the HEA allows applicants under the TS, EOC, UB, SSS and McNair 
programs to submit more than one application as long as each 
application proposes to serve a different population.
    For this reason, we are proposing to amend the regulations for the 
TS, EOC, UB, SSS and McNair programs to incorporate the statutorily 
defined term different population. We propose to use this term in 
conjunction with the terms target area and target school from the 
current regulations for TS, EOC, and UB. By clarifying that applicants 
can submit more than one application if each application proposes to 
serve a ``different target area or target schools or another designated 
different population'' and incorporating the statutory definition of 
the term different population, we would retain the current practice of 
funding separate projects to serve different target areas and target 
schools. We would also ensure that the regulations are consistent with 
the statutory definition of the term different population in the HEA.
    In determining how to reflect the definition for the term different 
population in the proposed regulations, we also considered how we would 
manage applications proposing to serve different populations. While 
grantees must be able to serve more students and to tailor services to 
meet the distinct needs of different populations (as

[[Page 13822]]

defined in 402A(h) of the HEA), it is necessary for the Department to 
establish some limitations on the number of separate applications an 
eligible entity may submit for each competition to serve different 
populations. Without such limitations, adding the definition of the 
term different population to the regulations could have the unintended 
consequence of disproportionately increasing funding at some 
institutions, agencies, and organizations that submit several 
applications while limiting the funds available to expand program 
services to other areas, schools, and institutions. To mitigate this 
risk and ensure fairness and consistency in the application process, 
the Department proposes to amend the regulations for each of the TRIO 
programs. The proposed regulations would provide that the Department 
will define, for each competition, the different populations of 
participants for which an eligible entity can submit separate 
applications in the Federal Register notice inviting applications and 
other published application materials for the competition.
    This approach would give the Department the flexibility to 
designate the different populations for each competition based on 
changing national needs. It also would permit the Department to manage 
more effectively the program competitions within the available 
resources.
    For these reasons, under the proposed regulations, an entity 
applying for more than one grant under the TS, EOC, and UB programs 
would be able to submit separate applications to serve different target 
areas and different target schools, and would also be able to submit 
separate applications to serve one or more of the different populations 
of participants designated in the Federal Register notice inviting 
applications. Entities applying for grants under the SSS and McNair 
programs would be able to submit separate applications to serve 
different campuses and also would be able to submit separate 
applications to serve one or more of the different populations of 
participants designated in the Federal Register notice inviting 
applications for the competition.
    Finally, we are proposing to amend the Training program regulations 
by adding a new Sec.  642.7 to provide that an eligible applicant may 
submit more than one application for grants as long as each application 
describes a project that addresses a different absolute priority. This 
proposed change reflects the amendments made by the HEOA as well as the 
Department's current practices.

Definitions Applicable to More Than One Federal TRIO Program (Newly 
Redesignated Sec.  642.6 and Sec. Sec.  643.7, 644.7, 645.6, 646.7, and 
647.7)

    As a result of the changes made by the HEOA to sections 402A, 402B, 
402C, 402D, 402E, 402F, and 402G of the HEA, the Department proposes to 
add new definitions to the Federal TRIO program regulations and to 
revise other definitions in those regulations. We also propose to add 
to the TRIO Program regulations certain terms and their definitions 
that are in other portions of the HEA and the Department's regulations. 
In the following section, we discuss those proposed changes to 
definitions used in more than one of the Federal TRIO program 
regulations. For proposed changes to definitions that apply to only one 
or two programs, we address those proposed changes under the specific 
programs.

Disconnected Students

    The HEOA amended the HEA to provide that each of the TRIO programs 
may provide services to ``disconnected students,'' but the term 
``disconnected students'' is never defined in the statute. 
``Disconnected students'' is a broad term that could apply to a broad 
spectrum of students, and could vary depending on the goals of the 
particular project. In these circumstances, we do not believe it is 
useful to define the term in these proposed regulations. Instead, we 
believe it is more appropriate for an applicant proposing to provide 
programs and activities specifically designed for ``disconnected 
students'' to define the term for its proposed project and to identify 
and describe in its application the specific needs of the 
``disconnected students'' to be served by the project.

Different Campus and Different Population

    Refer to the discussion of these terms earlier in this preamble, 
under the heading Number of Applications an Eligible Entity May Submit 
to Serve Different Campuses and Different Populations.

Financial and Economic Literacy

    Statute: Section 402 of the HEOA amended the HEA to include 
education and counseling services designed to improve the financial and 
economic literacy of students as (1) a required service for TS grantees 
(see section 402B(b)(6) of the HEA), UB grantees (see section 
402C(b)(6) of the HEA), and SSS grantees (see section 402D(b)(4) of the 
HEA), and (2) a permissible service for McNair grantees (see section 
402E(c)(1) of the HEA) and EOC projects (see section 402F(b)(5) of the 
HEA). Section 402A(f)(1) of the HEOA also amended