# Hispanic-Serving Institutions Work Study Program > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-24286 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** September 10, 1998 - **Citation:** 63 FR 48437 ## Text DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 570 [Docket No. FR-4269-F-01] RIN 2528-AA06 Hispanic-Serving Institutions Work Study Program AGENCY: Office of the Assistant Secretary for Policy Development and Research, HUD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On February 25, 1998, HUD published an interim rule that broadened the eligibility for public and private non-profit two-year institutions of higher education to participate in the Hispanic-serving Institutions Work Study Program (HSI-WSP). This final rule makes final that interim rule without changes. EFFECTIVE DATE: October 13, 1998. FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University Partnerships, U.S. Department of Housing and Urban Development, Room 8110, 451 Seventh Street, SW, Washington, D.C. 20410, telephone (202) 708-1537, extension 218. Hearing-or speech-impaired individuals may call HUD's TTY number (202) 708-1455, or 1-800-877-8399 (Federal Information Relay Service TTY). (Other than the ``800'' number, these are not toll-free numbers.) Ms. Karadbil can also be contacted via the Internet at Jane__.R.__K[email protected]. [[Page 48438]] SUPPLEMENTARY INFORMATION: I. Paperwork Reduction Act The information collection requirements contained in this final rule were submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and have been assigned OMB control number 2528-0182. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number. II. Background The Hispanic-serving Institutions Work Study Program (HSI-WSP), which is authorized by section 107(c) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5307, 88 Stat. 647), makes grants to institutions of higher education for the purposes of providing assistance to economically disadvantaged and minority students who participate in community development work study programs and are enrolled in full-time undergraduate programs in community or economic development, community planning, or community management. On April 9, 1997 (62 FR 17492), HUD issued a final rule governing the program. The final rule limited eligibility for HUD's HSI-WSP to only public or private institutions of higher education that offer two- year associate degrees and qualify as HSIs. While the statute authorizing the program does not require it, HUD decided to determine qualification by using the definition of an HSI contained in section 316 of the Higher Education Amendments of 1992 (20 U.S.C. 1059c; 106 Stat. 448, 473). Under that definition, an HSI is an institution that has an enrollment of undergraduate full-time students that is at least 25 percent Hispanic, of which not less than 50 percent of the Hispanic students are low-income individuals (i.e., 150 percent of the poverty level) who are first generation college students (i.e., whose parent(s) did not complete a baccalaureate degree) and another 25 percent are either low-income individuals or first generation college students. The U.S. Department of Education determines the eligibility of specific institutions as HSIs and issues a list of institutions meeting this definition. HUD's final rule noted that a list of HSI-WSP-eligible community colleges that are included in the U.S. Department of Education's list of HSIs would appear with each Notice of Funding Availability (NOFA) for the program. Only institutions on the list, or HSI-WSP-eligible institutions subsequently added to the list prior to that NOFA's application deadline, were eligible to apply for HSI-WSP funds. Through issuance of an interim rule on February 25, 1998 (63 FR 9682), HUD eliminated the use of the U.S. Department of Education's list to determine eligibility and, instead, allowed institutions to certify that they meet the statutory definition. The process for an institution to be put on the U.S. Department of Education's list is a multi-step process, and HUD's use of the list meant that some Hispanic- serving institutions were not eligible for HUD's HSI-WSP. HUD determined that it might have been unfairly penalizing institutions if it relied on a potentially out-of-date and overly restrictive eligibility list. HUD decided, therefore, not to base eligibility on the U.S. Department of Education's list, but instead to allow applicants to certify to HUD that they are eligible to apply for the HSI-WSP. The February 25, 1998 interim rule provided for a 60-day public comment period. No comments were received. Accordingly, this rule makes final the interim rule as it was published on February 25, 1998. III. Findings and Certifications Environmental Impact In accordance with 24 CFR 50.19(b)(9) of the HUD regulations, the policies and procedures contained in this rule relate only to training grants and technical assistance, and therefore, are categorically excluded from the requirements of the National Environmental Policy Act. Regulatory Flexibility The Secretary, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed and approved this final rule, and in so doing, certifies that it will not have a significant economic impact on a substantial number of small entities. The rule only affects applicants and participants in the Hispanic-Serving Institutions Work Study Program and will not have any meaningful economic impact on any other entity. Federalism Impact The General Counsel, as the Designated Official under section 6(a) of Executive Order 12612, Federalism, has determined that the policies and procedures contained in this rule will not have substantial direct effects on States or their political subdivisions, or the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. As a result, the rule is not subject to review under the Order. Specifically, the rule solicits participation by institutions of higher education in creating community development work study programs for some of their economically disadvantaged and minority students. The rule does not impinge upon the relationships between the Federal government and State or local governments. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4; approved March 22, 1995) (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments, and on the private sector. This final rule does not impose any Federal mandates on any State, local, or tribal governments, or on the private sector, within the meaning of the UMRA. The Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance program number is 14.513. List of Subjects in 24 CFR Part 570 Administrative practice and procedure, American Samoa, Community development block grants, Grant programs--education, Grant programs-- housing and community development, Guam, Indians, Lead poisoning, Loan programs--housing and community development, Low and moderate income housing, New communities, Northern Mariana Islands, Pacific Islands Trust Territory, Pockets of poverty, Puerto Rico, Reporting and recordkeeping requirements, Small cities, Student aid, Virgin Islands. Accordingly, the interim rule published on February 25, 1998, at 63 FR 9682, is adopted as final. Dated: September 2, 1998. Xavier D. Briggs, Deputy Assistant Secretary for Research, Evaluation and Monitoring. [FR Doc. 98-24286 Filed 9-9-98; 8:45 am] BILLING CODE 4269-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-24286. Public record. Not legal advice.