[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Notices]
[Pages 28588-28590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11682]


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DEPARTMENT OF EDUCATION


Proposed Priorities--American Overseas Research Centers Program; 
CFDA Number 84.274A

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Assistant Secretary for Postsecondary Education proposes 
priorities and definitions for the American Overseas Research Centers 
(AORC) Program. The Assistant Secretary may use one or more of these 
priorities and definitions for competitions in fiscal year (FY) 2012 
and later years. We intend these priorities and definitions to result 
in a wider spectrum of institutions being represented in the AORC 
consortia and to provide overseas professional development 
opportunities to U.S. postgraduate researchers, visiting scholars, and 
faculty from institutions that are traditionally underrepresented in 
this program.

DATES: We must receive your comments on or before June 14, 2012.

ADDRESSES: Address all comments about this notice to Cheryl E. Gibbs, 
U.S. Department of Education, 1990 K Street NW., Room 6083, Washington, 
DC 20006-8521.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the term ``AORC Proposed 
Priorities'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Cheryl E. Gibbs. Telephone: (202) 502-
7634 or by email: [email protected].
    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 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priorities, we urge you to identify 
clearly the specific proposed priority 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 these 
proposed priorities. Please let us know of ways we could reduce 
potential costs or increase potential benefits while preserving the 
effective and efficient administration of the Department's programs and 
activities.
    During and after the comment period, you may inspect all public 
comments about this notice in room 6083, 1990 K Street NW., Washington, 
DC, between 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday 
through Friday of each week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. 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 AORC Program provides grants to consortia 
of institutions of higher education (IHEs) to establish or operate an 
AORC that promotes postgraduate research, exchanges, and area studies. 
Funded AORCs provide programs as well as operational support to U.S. 
scholars conducting overseas research that is vital to understanding 
the history, culture, economy, languages, and other issues related to 
the country or region where the AORC is located. AORCs also facilitate 
networking and collaborations via conferences, teaching opportunities 
for visiting faculty, and information-sharing through publications and 
outreach activities.

    Program Authority: 20 U.S.C. 1128a.

Proposed Priorities

    This notice contains two proposed priorities.

Background

    The AORC Program is authorized under title VI, part A, section 609 
of the Higher Education Act of 1965, as amended (HEA), which provides 
that the Department may only award an AORC grant to a consortium of 
IHEs.
    In implementing this program, we have observed that consortia 
members listed in AORC applications tend primarily to be four year 
institutions of which few are minority serving institutions (MSIs). We 
hope to increase the number of MSIs that participate in this program 
using these priorities. We would also like to encourage more community 
colleges to participate in the consortia because community colleges are 
developing international education programs and offering foreign 
language courses to enhance career training or preparation for transfer 
to four-year programs.
    In 2011, the American Council of Education (ACE) released the 
Report of the Blue Ribbon Panel of Global Engagement; Strength through 
Global Leadership and Engagement: U.S. Higher Education in the 21st 
Century. The report recommended that when U.S. IHEs are assessing 
whether or not they are doing all they can to prepare students for life 
after graduation, IHEs examine their activities relative to global 
experiences and understandings.
    We believe that these priorities and definitions support the 
recommendation in the ACE report because they will promote new 
institutional partnerships and resource leveraging that will ultimately 
improve the opportunities for a broader range of students to access 
area studies, language training, and study abroad, and will increase 
the number of college graduates who are prepared to work in a globally 
competent workforce.
    For these reasons, we propose Priority 1--Centers that Expand the 
Diversity of IHEs as Consortium Members. Proposed priority 1 is 
designed to encourage AORC applications that include a wider spectrum 
of U.S. IHEs, such as community colleges and MSIs as consortium 
members.
    While proposed priority 1 focuses on the members of the consortium 
that serve as the AORC, proposed priority 2 focuses on the researchers 
and faculty served by the AORC.
    Under this program, an AORC provides opportunities for U.S. 
postgraduate researchers and faculty participants to (a) conduct 
advanced area studies research; (b) network with other U.S. and 
overseas scholars; (c) participate in conferences hosted by the AORC; 
and (d) engage in symposia, lectures, and outreach. Engaging in these 
activities enables participants to enhance their research and expand 
the international scope of their courses and teaching at their home 
institutions.
    Proposed Priority 2--Projects that Provide Research, Teaching, and 
Professional Development Opportunities at the Overseas Center to 
Individuals from Community Colleges and MSIs is intended to increase 
the number of visiting scholars, researchers, and faculty from these 
IHEs who participate in the academic, networking, and outreach 
activities at funded AORCs. We believe that providing opportunities for 
faculty from these IHEs to participate

[[Page 28589]]

in professional development activities in overseas learning communities 
provides an important cultural context that bolsters teaching and 
research that ultimately strengthens their institutions' international 
education programs.

Proposed Priority 1--Centers That Expand the Diversity of IHEs as 
Consortium Members

    To meet this priority, an applicant AORC must include community 
colleges or MSIs, or both as consortium members for the purpose of 
establishing or operating the AORC.

Proposed Priority 2--Projects That Extend Research, Teaching, and 
Professional Development Opportunities at the Overseas Center to 
Individuals From Community Colleges or MSIs, or Both

    To meet this priority, the proposed AORC must extend research, 
teaching, or professional development opportunities to faculty from 
community colleges or MSIs, or both.

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 Definitions

Background

    The Assistant Secretary for Postsecondary Education seeks to 
achieve greater diversity in the IHEs and participants in the AORC 
program by including community colleges and MSIs. These two types of 
IHEs are not defined in the AORC program legislation. For this reason, 
we propose the following definitions to apply to AORC competitions:

Proposed Definitions

    Community College means--
    (A) A junior or community college, as that term is defined in 
section 312(f) of the HEA (20 U.S.C. 1058(f));
    (B) Or an institution of higher education (as defined in section 
101 of the HEA (20 U.S.C. 1001)) that awards a significant number of 
degrees and certificates, that are not--
    (i) Bachelor's degrees (or an equivalent); or
    (ii) Master's, professional, or other advanced degrees.
    Minority-Serving Institution means an institution that is eligible 
to receive assistance under sections 316 through 320 of part A or under 
part B of title III or under title V of the HEA.

Final Priorities and Definitions

    We will announce the final priorities and definitions in a notice 
in the Federal Register. We will determine the final priorities and 
definitions after considering responses to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing additional priorities, requirements, definitions, or 
selection criteria, subject to meeting applicable rulemaking 
requirements.

    Note:  This notice does not solicit applications. In any year in 
which we choose to use one or more of these priorities, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine 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 taking this proposed regulatory action only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. Based on the analysis that follows, the 
Department believes that these proposed priorities and definitions are 
consistent with the principles in Executive Order 13563.

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    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits of this regulatory action. 
The potential costs associated with this regulatory action are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

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.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital 
Systems at: www.gpo.gov/fdsys. At this site you can view this document, 
as well as all other documents of this Department published in the 
Federal Register, in text or Adobe 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.

    Dated: May 9, 2012.
Eduardo M. Ochoa,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2012-11682 Filed 5-14-12; 8:45 am]
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