[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69579-69585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28216]


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DEPARTMENT OF EDUCATION

34 CFR Chapter IV

[Docket ID ED-2012-OVAE-0053]


Proposed Requirements, Definitions, and Selection Criteria--
Native American Career and Technical Education Program (NACTEP)

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

ACTION: Proposed requirements, definitions, and selection criteria.

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Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.

SUMMARY: The Assistant Secretary for Vocational and Adult Education 
proposes requirements, definitions, and selection criteria under the 
Native American Career and Technical Education Program (NACTEP). The 
Assistant Secretary may use these requirements, definitions, and 
selection criteria for a competition in fiscal year (FY) 2013 and 
possibly in later years. The requirements, definitions, and selection 
criteria we propose in this notice are the same as those we used in the 
notice inviting applications for the first NACTEP competition we held 
in FY 2007 (see Federal Register March 23, 2007 (72 FR 13770) (March 
2007 notice)) following the enactment of the Carl D. Perkins Career and 
Technical Education Act of 2006 (Act). In the March 2007 notice, we 
established these requirements, definitions, and selection criteria 
pursuant to a waiver of rulemaking under the authority of section 
457(d) of the General Education Provisions Act. Because the project 
period for NACTEP grants awarded in FY 2007 will end in September 2013, 
we are publishing the NACTEP requirements, definitions, and selection 
criteria for public comment. When published in final, these 
requirements, definitions, and selection criteria would govern the next 
NACTEP competition and possibly also subsequent NACTEP competitions.

DATES: We must receive your comments on or before December 20, 2012.

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 email. To ensure that we do not receive 
duplicate copies, please submit your comments only once. In addition, 
please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to Use This Site.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed requirements, 
definitions, and selection criteria, address them to Gwen Washington, 
U.S. Department of Education, 400 Maryland Avenue SW., room 11076, 
Potomac Center Plaza, Washington, DC 20202-7241; or Linda Mayo, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 11075, Potomac 
Center Plaza, Washington, DC 20202-7241.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Gwen Washington, by telephone: (202) 
245-7790, or by email: gwen.washington@ed.gov; or Linda

[[Page 69580]]

Mayo, by telephone: (202) 245-7792, or by email: linda.mayo@ed.gov.
    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 requirements, definitions, and selection 
criteria, we urge you to identify clearly the specific proposed 
requirement, definition, or selection criterion that each comment 
addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
requirements, definitions, and selection criteria. Please let us know 
of any further ways we could reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed requirements, definitions, and selection 
criteria by accessing Regulations.gov. You may also inspect the 
comments in person in rooms 11076/11075, 550-12th Street SW., 
Washington, DC, between 8:30 a.m. and 4:00 p.m., Washington, DC time, 
Monday through Friday of each week except Federal holidays. Please 
contact the persons listed under FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a 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: Under NACTEP, the Secretary provides grants, 
cooperative agreements, or enters into contracts with Indian tribes, 
tribal organizations, or Alaska Native entities to improve career and 
technical education programs that are consistent with the purposes of 
the Act and that benefit Native Americans and Alaska Natives.

    Program Authority: 20 U.S.C. 2301 et seq., particularly 2326(a)-
(g).

Proposed Requirements, Definitions, and Selection Criteria

Background

    Section 116 of the Act authorizes the Secretary to award grants, 
cooperative agreements, or enter into contracts with Indian tribes, 
tribal organizations, and Alaska Native entities to operate career and 
technical education projects that improve career and technical 
education for Native American and Alaska Native students. Bureau-funded 
schools are eligible under NACTEP, except for Bureau-funded schools 
proposing to use their awards to support secondary school career and 
technical education programs. Any Indian tribe, tribal organization, 
Alaska Native entity, or eligible Bureau-funded school may apply 
individually or as part of a consortium with one or more eligible 
tribes, tribal organizations, Alaska Native entities, or eligible 
Bureau-funded schools. (Eligible applicants seeking to apply for funds 
as a consortium must meet the requirements in 34 CFR 75.127-75.129, 
which apply to group applications.)
    The Act also provides in the statement of purpose that programs 
funded under the Act should build on the efforts of States and 
localities to develop challenging academic and technical standards and 
to assist students in meeting such standards, including in preparation 
for high-skill, high-wage, or high-demand occupations in emerging or 
established professions. (20 U.S.C. 2301(1)) In addition, programs are 
required to provide technical assistance that promotes leadership, 
initial preparation, and professional development and improves the 
quality of career and technical education teachers, faculty, 
administrators, and counselors. (20 U.S.C. 2301(5)) Additionally, the 
Act's purpose section calls for supporting partnerships among secondary 
schools, postsecondary institutions, baccalaureate degree-granting 
institutions, area career and technical education schools, local 
workforce investment boards, business and industry, and intermediaries, 
as well as for providing, in conjunction with other education and 
training programs, individuals with opportunities throughout their 
lives to develop the knowledge and skills needed to keep the United 
States competitive. (20 U.S.C. 2301(6) and (7))
    We are not including in this notice, or seeking public comment on, 
requirements or definitions contained in the Act, in Federal statutory 
provisions cross-referenced in the Act, in the Education Department 
General Administrative Regulations (EDGAR), or in any other applicable, 
existing regulations. For the convenience of eligible applicants, in 
our notice announcing the next NACTEP competition we plan to discuss 
statutory program requirements and definitions, and key applicable 
regulatory provisions, as we did in the March 2007 notice inviting 
applications.

Proposed Requirements

I. Demonstration of Eligibility
    (a) We propose that an eligible applicant (as determined by the 
Act) must include documentation in its application showing that it and, 
if appropriate, its consortium members are eligible to apply.
    (b) As defined in the Indian Self-Determination and Education 
Assistance Act (ISDEA) (25 U.S.C. 450b(l)) the term ``tribal 
organization'' means the recognized governing body of any Indian tribe; 
any legally established organization of Indians which is controlled, 
sanctioned, or chartered by such governing body or which is 
democratically elected by the adult members of the Indian community to 
be served by such organization and which includes the maximum 
participation of Indians in all phases of its activities: provided, 
that in any case where a contract is let or grant made to an 
organization to perform services benefiting more than one Indian tribe, 
the approval of each such Indian tribe shall be a prerequisite to the 
letting or making of such contract or grant. In accordance with this 
statutory definition, we propose that any tribal organization proposing 
to provide NACTEP services for the benefit of more than one Indian 
tribe must first obtain the approval of each Indian tribe it proposes 
to serve and must submit documentation of such approval with its NACTEP 
application and that documentation of tribal approval be a prerequisite 
to the awarding of a NACTEP grant to any tribal organization proposing 
to serve more than one Indian tribe.
II. Authorized Programs, Services, and Activities
    Consistent with the Act, the Secretary proposes the following 
requirements, to align NACTEP with other authorized programs that 
require recipients of funds under the Act to develop challenging 
academic standards and improve career and technical education.
    (a) Authorized programs. Section 116(e) of the Act requires the 
Secretary to ensure that activities funded under NACTEP ``will improve 
career and

[[Page 69581]]

technical education programs'' (20 U.S.C. 2326(e)). Therefore, the 
Secretary proposes to award grants to carry out projects that--
    (1) Propose organized educational activities offering a sequence of 
courses that--
    (i) Provide individuals with coherent and rigorous content aligned 
with challenging academic standards and relevant technical knowledge 
and skills needed to prepare for further education and careers in 
current or emerging professions;
    (ii) Provide technical skill proficiency, an industry-recognized 
credential, a certificate, or an associate degree; and
    (iii) Include competency-based applied learning that contributes to 
the academic knowledge, higher-order reasoning and problem-solving 
skills, work attitudes, general employability skills, technical skills, 
and occupation-specific skills, and knowledge of all aspects of an 
industry, including entrepreneurship, of an individual. Projects may 
include prerequisite courses (other than remedial courses) that meet 
the definitional requirements of section 3(5) of the Act. (20 U.S.C. 
2302(5)) In addition, at the secondary level, coherent and rigorous 
academic curriculum must be aligned with challenging academic content 
standards and student academic achievement standards in reading or 
language arts and in mathematics that the State in which the applicant 
is located has established under the Elementary and Secondary Education 
Act, as amended (20 U.S.C. 6301 et seq.) Contacts for State ESEA 
programs may be found on the Internet at: http://www.ed.gov/about/contacts/state/index.html.
    (2) Develop new programs, services, or activities or improve or 
expand existing programs, services, or activities that are consistent 
with the purposes of the Act. In other words, the Department will 
support ``expansions'' or ``improvements'' that include, but are not 
limited to, the expansion of effective programs or practices; upgrading 
of activities, equipment, or materials; increasing staff capacity; 
adoption of new technology; modification of curriculum; or 
implementation of new policies to improve program effectiveness and 
outcomes.
    (3) Fund a career and technical education program, service, or 
activity that--
    (i) Is a new program, service, or activity that was not provided by 
the applicant during the instructional term (a defined period, such as 
a semester, trimester, or quarter, within the academic year) that 
preceded the request for funding under NACTEP;
    (ii) Will improve or expand an existing career and technical 
education program; or
    (iii) Inherently improves career and technical education.

    Note: A program, service, or activity ``inherently improves 
career and technical education'' if it--
    (a) Develops new career and technical education programs of 
study that will be approved by the appropriate accreditation agency;
    (b) Strengthens the rigor of the academic and career and 
technical components of funded programs;
    (c) Uses curriculum that is aligned with industry-recognized 
standards and will result in students attaining industry-recognized 
credentials, certificates, or degrees;
    (d) Integrates academics (other than remedial courses) with 
career and technical education programs through a coherent sequence 
of courses to ensure learning in the core academic and career and 
technical subjects;
    (e) Links career and technical education at the secondary level 
with career and technical education at the postsecondary level and 
facilitates students' pursuit of a baccalaureate degree;
    (f) Expands the scope, depth, and relevance of curriculum, 
especially content that provides students with a comprehensive 
understanding of all aspects of an industry and a variety of hands-
on, job-specific experiences; and
    (g) Offers--
    (1) Work-related experience, internships, cooperative education, 
school-based enterprises, entrepreneurship, community service 
learning, and job shadowing that are related to career and technical 
education programs;
    (2) Coaching/mentoring, support services, and extra help for 
students after school, on weekends and/or during the summers, so 
they can meet higher standards;
    (3) Career guidance and academic counseling for students 
participating in career and technical education programs;
    (4) Placement services for students who have successfully 
completed career and technical education programs and attained a 
technical skill proficiency that is aligned with industry-recognized 
standards;
    (5) Professional development programs for teachers, counselors, 
and administrators;
    (6) Strong partnerships among grantees and local educational 
agencies, postsecondary institutions, community leaders, adult 
education providers, and, as appropriate, other entities, such as 
employers, labor organizations, parents, and local partnerships, to 
enable students to achieve State academic standards and career and 
technical skills;
    (7) The use of student assessment and evaluation data to improve 
continually instruction and staff development with the goal of 
increasing student achievement in career and technical education 
programs; or
    (8) Research, development, demonstration, dissemination, 
evaluation and assessment, capacity-building, and technical 
assistance, related to career and technical education programs.

    (b) Student stipends. In accordance with section 116(c)(2) of the 
Act, a portion of an award under this program may be used to provide 
stipends (as defined in the Definitions section of this notice) to one 
or more students to help meet the students' costs of participation in a 
NACTEP project. We propose the following procedures for determining 
student eligibility for stipends and appropriate amounts to be awarded 
as stipends:
    (1) To be eligible for a stipend a student must--
    (i) Be enrolled in a career and technical education project funded 
under this program;
    (ii) Be in regular attendance in a NACTEP project and meet the 
training institution's attendance requirement;
    (iii) Maintain satisfactory progress in his or her program of study 
according to the training institution's published standards for 
satisfactory progress; and
    (iv) Have an acute economic need that--
    (A) Prevents participation in a project funded under this program 
without a stipend; and
    (B) Cannot be met through a work-study program.
    (2) The amount of a stipend is the greater of either the minimum 
hourly wage prescribed by State or local law or the minimum hourly wage 
established under the Fair Labor Standards Act.
    (3) A grantee may only award a stipend if the stipend combined with 
other resources the student receives does not exceed the student's 
financial need. A student's financial need is the difference between 
the student's cost of attendance and the financial aid or other 
resources available to defray the student's cost of participating in a 
NACTEP project.
    (4) To calculate the amount of a student's stipend, a grantee would 
multiply the number of hours a student actually attends career and 
technical education instruction by the amount of the minimum hourly 
wage that is prescribed by State or local law, or by the minimum hourly 
wage that is established under the Fair Labor Standards Act.

    Example:  If a grantee uses the Fair Labor Standards Act minimum 
hourly wage of $7.25 and a student attends classes for 20 hours a 
week, the student's stipend would be $145 for the week during which 
the student attends classes ($7.25 x 20 = $145.00).

    Note: In accordance with applicable Department statutory 
requirements and administrative regulations, grantees must maintain 
records that fully support their

[[Page 69582]]

decisions to award stipends and the amounts that are paid, such as 
proof of a student's enrollment in a NACTEP project, stipend 
applications, timesheets showing the number of attendance hours 
confirmed in writing by an instructor, student financial status 
information, and evidence that a student would not be able to 
participate in the NACTEP project without a stipend. (20 U.S.C. 
1232f; 34 CFR 75.700-75.702; 75.730; and 75.731).

    (5) An eligible student may receive a stipend when taking a course 
for the first time. However, generally a stipend may not be provided to 
a student who has already taken, completed, and had the opportunity to 
benefit from a course and is merely repeating the course.
    (6) An applicant must include in its application the procedure it 
intends to use to determine student eligibility for stipends and 
stipend amounts, and its oversight procedures for the awarding and 
payment of stipends.
    (c) Direct assistance to students. We propose that a grantee may 
provide direct assistance to students (as defined in this notice) if 
the following conditions are met:
    (1) The recipient of the direct assistance is an individual who is 
a member of a special population and who is participating in the 
grantee's NACTEP project.
    (2) The direct assistance is needed to address barriers to the 
individual's successful participation in that project.
    (3) The direct assistance is part of a broader, more generally 
focused program or activity to address the needs of an individual who 
is a member of a special population.

    Note:  Direct assistance to individuals who are members of 
special populations is not, by itself, a ``program or activity for 
special populations.''

    (4) The grant funds used for direct assistance must be expended to 
supplement, and not supplant, assistance that is otherwise available 
from non-Federal sources. (20 U.S.C. 2391(a)) For example, generally, a 
postsecondary educational institution could not use NACTEP funds to 
provide child care for single parents if non-Federal funds previously 
were made available for this purpose, or if non-Federal funds are used 
to provide child care services for single parents participating in non-
career and technical education programs and these services otherwise 
would have been available to career and technical education students in 
the absence of NACTEP funds.
    (5) In determining how much of the NACTEP grant funds it will use 
for direct assistance to an eligible student, a grantee must consider 
whether the specific services to be provided are a reasonable and 
necessary cost of providing career and technical education programs for 
special populations. However, the Secretary does not envision a 
circumstance in which it would be a reasonable and necessary 
expenditure of NACTEP project funds for a grantee to use a majority of 
a project's budget to pay direct assistance to students, in lieu of 
providing the students served by the project with career and technical 
education.
III. Additional Proposed Program Requirements
    (a) Career and technical education agreement. Any applicant that is 
not proposing to provide career and technical education directly to its 
students and proposes instead to use NACTEP funds to pay one or more 
qualified educational entities to provide education to its students 
must include with its application a written career and technical 
education agreement between the applicant and that entity. The written 
agreement must describe the commitment between the applicant and each 
educational entity and must include, at a minimum, a statement of the 
responsibilities of the applicant and the entity. The agreement must be 
signed by the appropriate individuals on behalf of each party, such as 
the authorizing official or president of a tribe or tribal 
organization, a college president, or a college dean.
    (b) Evaluation Requirements. To help ensure the high quality of 
NACTEP projects and the achievement of the goals and purposes of 
section 116 of the Act, each grantee must budget for and conduct an 
ongoing evaluation of the effectiveness of its NACTEP project. An 
independent evaluator must conduct the evaluation. The evaluation 
must--
    (1) Be appropriate for the project and be both formative and 
summative in nature;
    (2) Include--
    (i) Applicable performance measures for NACTEP;
    (ii) Qualitative and quantitative data with respect to--
    (A) Academic and career and technical competencies demonstrated by 
the participants and the number and kinds of academic and work 
credentials acquired by individuals, including participation in 
programs providing skill proficiency assessments, industry 
certifications, or training at the associate degree level that is 
articulated with an advanced degree option;
    (B) Enrollment, completion, and placement of participants by gender 
for each occupation for which training was provided;
    (C) Job or work skill attainment or enhancement, including 
participation in apprenticeship and work-based learning programs, and 
student progress in achieving technical skill proficiencies necessary 
to obtain employment in the field for which the student has been 
prepared, including attainment or enhancement of technical skills in 
the industry the student is preparing to enter;
    (D) Activities during the formative stages of the project to help 
guide and improve the project, as well as a summative evaluation that 
includes recommendations for disseminating information on project 
activities and results;
    (E) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
    (F) If available, the outcomes of students' technical assessments, 
by type and scores; and
    (G) The rates of attainment of a proficiency credential or 
certificate, in conjunction with a secondary school diploma.
    (c) Project Effectiveness. Measure the effectiveness of the 
project, including:
    (1) A comparison between the intended and observed results; and
    (2) A demonstration of a clear link between the observed results 
and the specific treatment given to project participants.
    (d) Dissemination. Measure the extent to which information about or 
resulting from the project was disseminated at other sites, such as 
through the grantee's development and use of guides or manuals that 
provide step-by-step directions for practitioners to follow when 
initiating similar efforts.
    (e) Long-Term Impact. Measure the long-term impact of the project, 
such as, follow-up data on students' employment, sustained employment, 
promotions, and further/continuing education or training, or the impact 
the project had on tribal economic development or career and technical 
education activities offered by tribes.

Proposed Definitions

    We are proposing the following definitions for program terms not 
defined in the Act, by cross-references in the Act to other Federal 
statutes, or in EDGAR:
    Acute economic need means an income that is at or below the 
national poverty level according to the latest available data from the 
U.S. Department of Commerce or the U.S. Department of

[[Page 69583]]

Health and Human Services Poverty Guidelines.
    Direct assistance to students means tuition, dependent care, 
transportation, books, and supplies that are necessary for a student to 
participate in a project funded under this program.
    Stipend means a subsistence allowance for a student that is 
necessary for the student to participate in a project funded under this 
program.

Proposed Selection Criteria

    The Assistant Secretary proposes the following selection criteria 
for evaluating an application under this program. We may apply one or 
more of these criteria in any year in which this program is in effect. 
We will announce the maximum possible points assigned to each criterion 
in the notice inviting applications, in the application package, or 
both.
    (a) Need for project. In determining the need for the proposed 
project, we consider the extent of the need for the services to be 
provided or the activities to be carried out by the proposed project, 
as evidenced by data on such phenomena as local labor market demand or 
occupational trends, or from surveys, recommendations from accrediting 
agencies, or tribal economic development plans.
    (b) Significance. In determining the significance of the proposed 
project, we consider the following factors:
    (1) The potential contribution of the proposed project toward 
increasing the understanding of educational needs, issues, or 
strategies for providing career and technical education to American 
Indians and Alaska Natives.
    (2) The likelihood that the proposed project will result in system 
change or improvement in the applicant's educational program as 
evidenced by the types of training and activities identified in the 
project application.
    (3) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
career and technical needs of the target population.
    (c) Quality of the project design. In determining the quality of 
the design of the proposed project, we consider the following factors:
    (1) The extent to which goals, objectives, and outcomes are clearly 
specified and measurable (e.g., identification of the requirements for 
each course of study to be provided under the project, the technical 
skill proficiencies to be taught and the industry-recognized standards 
or competency assessments to be used, including related training areas 
and a description of the industry certifications, credentials, 
certificates, or degrees that students may earn; expected enrollments, 
completions, and student placements in jobs, military specialties, and 
continuing education/training opportunities in each career training 
area; the number of teachers, counselors, and administrators to be 
trained).
    (2) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs, as evidenced by the applicant's 
description of programs and activities that align with the target 
population's needs.
    (3) The extent to which the design for implementing and evaluating 
the proposed project plans for and is likely to result in the 
development of information that will guide possible dissemination of 
information on project practices, activities, or strategies, including 
information about the effectiveness of the approach or strategies 
employed by the project, planned dissemination activities, the kind of 
practices, activities, or strategies to be disseminated, the target 
audience for the dissemination of such practices, activities, or 
strategies, and the proposed uses for such disseminated practices, 
activities, or strategies.
    (4) The extent to which the proposed project will establish 
linkages with or will be coordinated with similar or related efforts, 
and with community, State, or Federal resources, where such 
opportunities and resources exist.
    (d) Quality of project services. In determining the quality of the 
services to be provided by the proposed project, we consider the 
following factors:
    (1) The extent to which the training or professional development 
services to be provided by the proposed project would be of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the project staff and instructors, including the extent to which 
the proposed training and professional development plans address ways 
in which learning gaps will be addressed and how continuous review of 
performance will be conducted to identify training needs.
    (2) The extent to which the services to be provided by the proposed 
project will create opportunities for students to receive an industry-
recognized credential; become employed in high-skill, high-wage, and 
high-demand occupations; or both.
    (3) The extent to which the services proposed in the project will 
create opportunities for students to acquire technical skill 
proficiencies, industry certifications, or the skills identified by 
State or industry-recognized career and technical education programs or 
professions. In describing the services, there must be a clear link 
between the services and the skill proficiencies, industry 
certifications, credentials, certificates, or degrees that students may 
earn.
    (e) Quality of project personnel. In determining the quality of 
project personnel, we consider the following factors:
    (1) The extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on color, national origin, 
gender, age, or disability.
    (2) The qualifications, including relevant training, expertise, and 
experience, of the project director, key personnel, and project 
consultants.
    (3) The extent to which the project will use instructors who are 
certified to teach in the field in which they will provide instruction.
    (f) Adequacy of resources. In determining the adequacy of resources 
for the proposed project, we consider the following factors:
    (1) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization(s) and 
the tribal entity or entities to be served.
    (2) The extent to which the budget is adequate and costs are 
reasonable in relation to the objectives of the proposed project.
    (3) The relevance and demonstrated commitment (e.g., through 
written career and technical education agreements, memoranda of 
understanding, letters of support and commitment, or commitments to 
employ project participants, as appropriate) of the applicant, members 
of the consortium, local employers, or tribal entities to be served by 
the project.
    (4) The potential for continued support of the project after 
Federal funding ends.
    (g) Quality of the management plan. In determining the quality of 
the management plan for the proposed project, we consider the following 
factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and the milestones and performance 
standards for accomplishing project tasks.
    (2) The extent to which the time commitments of the project 
director and other key project personnel are

[[Page 69584]]

appropriate and adequate to meet the objectives of the proposed 
project.
    (3) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (h) Quality of the project evaluation. In determining the quality 
of the evaluation, we consider the following factors:
    (1) The extent to which the methods of evaluation proposed by the 
grantee are thorough, feasible, and appropriate to the goals, 
objectives, and outcomes of the proposed project.
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and the Government Performance and 
Results Act of 1993 (GPRA) performance measures, and will produce 
quantitative and qualitative data, to the extent possible.
    (3) The extent to which the methods of the evaluation include 
processes that consider the validity and integrity of data collection 
and analysis; accessibility of appropriate and timely data; accurate 
descriptions of performance; collection processes that yield unbiased, 
unprejudiced, and impartial data results; and the extent to which 
representation of the data clearly communicates an accurate picture of 
performance.
    (4) The extent to which the methods of evaluation will provide 
performance feedback and continuous improvement toward achieving 
intended outcomes.
    (5) The quality of the evaluation to be conducted by an external 
evaluator with the necessary background and technical expertise to 
carry out the evaluation.

Additional Selection Factors

    In accordance with the requirement in section 116(e) of the Act, we 
have included the following additional selection factors and propose to 
award additional points to any application addressing the following 
factors, as indicated. We are not soliciting public comment on the 
section 116(e) requirement but only on the way we are proposing to meet 
the requirement.
    We propose to award--
    (a) Up to 10 additional points to applications that propose 
exemplary approaches that involve, coordinate with, or encourage tribal 
economic development plans; and
    (b) Five points to applications from tribally controlled colleges 
or universities that--
    (1) Are accredited or are candidates for accreditation by a 
nationally recognized accreditation organization as an institution of 
postsecondary career and technical education; or
    (2) Operate career and technical education programs that are 
accredited or are candidates for accreditation by a nationally 
recognized accreditation organization and issue certificates for 
completion of career and technical education programs (20 U.S.C. 
2326(e)).
    We will determine final requirements, definitions, and selection 
criteria for NACTEP after considering responses to this notice and 
other information available to the Department. We will announce final 
requirements, definitions, and selection criteria for NACTEP in a 
notice in the Federal Register. This notice does not preclude us from 
proposing additional priorities, requirements, definitions, or 
selection criteria, subject to meeting applicable rulemaking 
requirements.
    This notice does not solicit applications. In any year in which we 
choose to use this proposed priority and one or more of these proposed 
requirements, definitions, and selection criteria, 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 upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these proposed requirements, definitions, and 
selection criteria based on a reasoned determination that their 
benefits would justify their costs. In choosing among alternative 
regulatory approaches, we selected those approaches that would maximize 
net benefits. Based on the analysis that follows, the Department 
believes that this regulatory action is consistent with the principles 
in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with tribal governments in the exercise of their 
governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory

[[Page 69585]]

requirements and those we have determined as necessary for 
administering the Department's programs and activities.
    Intergovernmental Review: This program is not 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 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 System 
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: November 15, 2012.
Daniel J. Miller,
Executive Officer, Delegated Authority to Perform the Functions and 
Duties of the Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-28216 Filed 11-19-12; 8:45 am]
BILLING CODE 4000-01-P