[Federal Register: January 20, 1999 (Volume 64, Number 12)]
[Rules and Regulations]               
[Page 3197-3199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 3197]]


Part IV

Department of Education


34 CFR Part 650

Jacob K. Javits Fellowship Program; Inviting Applications for New 
Awards for Fiscal Year (FY) 1999; Final Rule and Notice

[[Page 3198]]



34 CFR Part 650

Jacob K. Javits Fellowship Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.


SUMMARY: The Secretary amends the regulations governing the Jacob K. 
Javits Fellowship Program to incorporate changes made by the Higher 
Education Amendments of 1998. These final regulations are needed to 
reflect changes made by recently enacted legislation.

EFFECTIVE DATE: These regulations take effect February 19, 1999.

FOR FURTHER INFORMATION CONTACT: Melissa Burton, U.S. Department of 
Education, 400 Maryland Avenue, SW., Suite 600 Portals Building, 
Washington, DC 20202-5247. Telephone: (202) 401-9779. Individuals who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339, between 8 a.m. and 
8 p.m., Eastern time, Monday through Friday.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 

SUPPLEMENTARY INFORMATION: These final regulations incorporate 
statutory changes made by the Higher Education Amendments of 1998 (Pub. 
L. 105-244, enacted October 7, 1998). The changes include revising the 
authority citations; amending the selection criteria for students to 
include financial need; providing the Secretary with the option of 
entering into a contract with a nongovernmental entity to administer 
the program; and revising the general provisions to read that no 
institutional payment will be made to a school or department of 
divinity for an individual who is studying for a religious vocation.

Goals 2000: Educate America Act

    The Goals 2000: Educate America Act (Goals 2000) focuses the 
Nation's education reform efforts on the eight National Education Goals 
and provides a framework for meeting them. Goals 2000 promotes new 
partnerships to strengthen schools and expands the Department's 
capacities for helping communities to exchange ideas and obtain 
information needed to achieve the goals.
    These regulations address the National Education Goal that every 
adult American will be literate and will possess the knowledge and 
skills necessary to compete in a global economy and exercise the rights 
and responsibilities of citizenship. The regulations further the 
objectives of this Goal by implementing a program that affords students 
the opportunity to become experts in their chosen fields through 
graduate education and to more effectively compete in a global economy.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act, 5 U.S.C. 553, 
it is customary for the Secretary to offer interested parties the 
opportunity to comment on proposed regulations. However, the changes in 
this document do not establish any new substantive rules, but simply 
incorporate recent statutory amendments affecting the Jacob K. Javits 
Fellowship Program. Therefore, the Secretary has determined that 
publication of a notice of proposed rulemaking is unnecessary and 
contrary to the public interest under 5 U.S.C. 553(b)(B).

Regulatory Flexibility Act

    The Secretary certifies that these regulations will not have a 
significant economic impact on a substantial number of small entities. 
Under this program fellowships are awarded to individuals. Individuals 
are not included in the definition of small entities under the 
Regulatory Flexibility Act.

Paperwork Reduction Act of 1995

    These regulations have been examined under the Paperwork Reduction 
Act of 1995 and have been found to contain no information collection 

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and a 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
this program.

Assessment of Educational Impact

    The Department has determined that the regulations in this document 
do not require transmission of information that is being gathered by or 
is available from any other agency or authority of the United States.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) via the Internet at either of the 
following sites:


To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office at (202) 512-1530 or, toll free, at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins and Press Releases.

    Note: The official version of this document is the document 
published in the Federal Register.

List of Subjects in 34 CFR Part 650

    Colleges and universities, Education Fellowships, Grant programs, 
and Reporting and recordkeeping requirements.

    Dated: January 12, 1999.
Maureen McLaughlin,
Acting Assistant Secretary for Postsecondary Education.
(Catalog of Federal Domestic Assistance Number 84.170 Jacob K. 
Javits Fellowship Program)

    The Secretary amends title 34 of the Code of Federal Regulations by 
amending part 650 as follows:


    1. The authority citation for part 650 is revised to read as 

    Authority: 20 U.S.C. 1134-1134d, unless otherwise noted.

Sec. 650.1  [Amended]

    2. The authority citation following Sec. 650.1(a) is removed.

Secs. 650.1, 650.3, 650.10, 650.31 and 650.35  [Amended]

    3. The authority citation for Secs. 650.1, 650.3, 650.10, 650.31, 
and 650.35 is revised to read as follows:

(Authority: 20 U.S.C. 1134)

[[Page 3199]]

Secs. 650.2, 650.4, 650.30, 650.34 and 650.40  [Amended]

    4. The authority citation for Secs. 650.2, 650.4, 650.30, 650.34, 
and 650.40 is revised to read as follows:

(Authority: 20 U.S.C. 1134-1134d)

Secs. 650.5, 650.32, 650.41-650.43  [Amended]

    5. The authority citation for Secs. 650.5, 650.32, 650.41, 650.42, 
and 650.43 is revised to read as follows:

(Authority: 20 U.S.C. 1134b)

Sec. 650.20  [Amended]

    6. The authority citation for Sec. 650.20 is revised to read as 

(Authority: 20 U.S.C. 1134a)

Sec. 650.33  [Amended]

    7. The authority citation for Sec. 650.33 is revised to read as 

(Authority: 20 U.S.C. 1134, 1134c)

Secs. 650.36, 650.37 and 650.44  [Amended]

    8. The authority citation for Secs. 650.36, 650.37, and 650.44 is 
revised to read as follows:

(Authority: 20 U.S.C. 1134c)

Sec. 650.1  [Amended]

    9. Section 650.1(a) is amended by adding ``, financial need,'' 
after the word ``achievement''.
    10. Section 650.2(a) is amended by removing ``, other than a school 
or department of divinity,'' and by adding ``, and is not studying for 
a religious vocation,'' after the word ``degree''; and paragragh 
(d)(1)(iv) is revised to read as follows:

Sec. 650.2  Who is eligible to receive a fellowship?

* * * * *
    (d)(1) * * *
    (iv) A citizen of any one of the Freely Associated States; or
* * * * *

Sec. 650.4  [Amended]

    11. Section 650.4 is amended by removing the definition of ``School 
or department of divinity''; and by removing ``, other than a school or 
department of divinity,'' in the definition of ``Institution of higher 

Sec. 650.20  [Amended]

    12. Section 650.20(c) is amended by adding ``, or in the event the 
Secretary contracts with a non-governmental entity to administer the 
program, that non-governmental entity,'' after the word ``Board''.

Sec. 650.30  [Amended]

    13. Section 650.30 is amended by removing ``, other than a school 
or department of divinity, which is''.

Sec. 650.41  [Amended]

    14. Section 650.41(a) is amended by removing ``1993-1994'' and 
adding, in its place, ``1998-1999''; and by removing ``$9,000'' and 
adding, in its place, ``$10,222''.

[FR Doc. 99-1145 Filed 1-19-99; 8:45 am]