[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Proposed Rules]
[Pages 1194-1236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-322]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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Part III
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Corporation for National and Community Service
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45 CFR Part 2510, et al.
Corporation Grant Programs and Support and Investment Activities;
Proposed Rule
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2510, 2513, 2515, 2516, 2517, 2518, 2519, 2520, 2521,
2522, 2523, 2524, 2530, 2531, 2532, 2533, and 2540
Corporation Grant Programs and Support and Investment Activities
AGENCY: Corporation for National and Community Service.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Corporation for National and Community Service (the
Corporation) is issuing this rule concerning the Corporation's
grantmaking programs and various support and investment activities as
authorized by the National and Community Service Act of 1990, as
amended by the National and Community Service Trust Act of 1993 (the
Act). The activities and grants described in this rule are designed to
help address the Nation's human, educational, environmental, and public
safety needs through national and community service. This rulemaking
describes the different types of national and community service
programs the Corporation may support, funding available for those
programs, processes by which grants will be awarded, training and
technical support services available for program development and
applications, and Corporation plans to invest in service
infrastructure.
DATES: Comments on the proposed rule, as well as the draft
applications, must be received no later than February 7, 1994.
ADDRESSES: Comments may be mailed to the Corporation for National and
Community Service, P.O. Box 34680, Washington, DC 20043-4680. Comments
received may also be inspected at the Corporation for National and
Community Service, Office of the General Counsel, Room 9200, 1100
Vermont Avenue, Washington, DC 20525, between 9 a.m. and 5 p.m.
The Corporation also will make available copies of drafts of
applications for programs described in these regulations. These
applications may be obtained by writing to the above address.
FOR FURTHER INFORMATION CONTACT: Terry Russell, (202) 606-4949 (Voice)
or (202) 606-5256 (TDD), between the hours of 9 a.m. and 6 p.m. Eastern
Standard Time. For individuals with disabilities, information will be
made available in alternative formats, upon request.
SUPPLEMENTARY INFORMATION: The Supplementary Information section
explains the basis and purpose of the proposed regulations--providing a
context for understanding the policy decisions that underly them--and
provides information on the Corporation's plans for fiscal year 1994.
This Supplementary Information section should not be viewed as
comprehensive. Congress made numerous policy decisions that went into
the writing of the Act. These decisions, along with minor decisions
made by the Corporation in interpreting the Act, are not discussed.
Invitation to Comment
Regulations
The Corporation invites written comments on the text of the
proposed regulations and requests that the comments identify the
specific regulatory provisions to which they relate. However, comments
on the Supplementary Information section should focus on policy issues
rather than specific language or construction.
Applications
Interested parties may obtain copies of drafts of the various grant
applications from the Corporation as they become available. These
applications will be in draft form, however, and should not be used to
apply for funds. The forms are being reviewed by the Office of
Management and Budget. We estimate that, on average, it will take
approximately ten hours to fill out each of the forms. Any comments on
the forms should be sent as soon as possible to the Corporation at the
above address, as well as to the U.S. Office of Management and Budget,
Attention: Steve Semenuk, New Executive Office Building, room 3001,
Washington, DC 20503.
The Corporation's Mission and the Purpose of This Rule
Overall Mission
The Corporation's mission is to engage Americans of all ages and
backgrounds in community-based service. This service will address the
Nation's educational, public safety, human, and environmental needs to
achieve direct and demonstrable results. In doing so, the Corporation
will foster civic responsibility, strengthen the ties that bind us
together as a people, and provide educational opportunity for those who
make a substantial commitment to service.
Purpose of this Rule
The purpose of this rule is to establish policies and procedures
for the activities the Corporation will undertake to achieve the goals
described above. This rule should serve as a guide to explain the
eligibility requirements, application processes, selection criteria,
program requirements, and other relevant information for individuals,
programs, public and private nonprofits, institutions of higher
education, States, Indian tribes, and other entities wishing to
participate.
Impact of Programs
All programs under the National and Community Service Act have in
common the goal of achieving three types of impact: ``getting things
done,'' improving the lives of participants, and strengthening the ties
that bind communities together. All programs, whether they involve
elementary school children or senior citizens, are equally able to
achieve the last ``community-building'' impact--by involving people of
different backgrounds together in a common effort, by promoting civic
responsibility so that every member of a community feels responsibility
for its stewardship, and by breaking down barriers of mistrust and
misunderstanding. The other two impacts are weighted differently for
different program types based on the age and experience of the
participants.
At the one extreme, the service-learning programs for school-age
youth may indeed help to solve the pressing problems of communities,
but their primary impact will be and should be on the lives of the
participants. They should improve their educational motivation and
achievement, citizenship skills, teamwork, and problem solving
abilities. At the other extreme, for a professional corps of adults who
are highly educated and highly skilled, the primary impact must be on
getting things done in communities, with the receipt of an educational
award for loan repayment as the main participant impact. Given the
higher costs of these programs and the advanced education level of the
participants, it is imperative that the work they do be highly valued
by communities and the Nation. Programs like youth corps, which lie
somewhere in the middle in terms of age and education level of
participants, should achieve a balance of impacts. By keeping this
calculus in mind, potential applicants can appropriately gauge the
amount of program resources that should be dedicated to participant
education, life skills training, and other types of participant
support.
STATE PLAN ISSUES
(1) General Purpose
Section 178(e) of the Act requires every State Commission to
prepare a national service plan (the ``State Plan'') for submission to
the Corporation for approval. The law requires that the State Plan (a)
be developed through an open and public process that ensures outreach
to diverse community-based agencies that serve underrepresented
populations, and (b) cover a three year period and be updated annually.
With the exception of section 122(c) of the Act, which requires each
State to establish State-based priorities through the State Plan, the
law is silent as to the overall purpose and content of the plan itself.
In part 2513 of this rule, the Corporation has clarified the
purpose of the State Plan, indicating the information it must contain
and the criteria by which it will be evaluated. In general, the
Corporation intends for the State Plan to be an essential component of
a State's overall application; it should indicate a State's strategy
for supporting national and community service activities--including
proposed programs and other volunteer activities--within the State. The
State Plan is intended to bring diverse constituencies within the State
together for the purpose of promoting and supporting national and
community service, and it will be a factor in the Corporation's
evaluation of State applications.
(2) Development of the State Plan
The State Plan should be developed through an open, public and
inclusive process (such as through regional forums, hearings, or other
means) that provides for maximum participation and input from national
and community service programs within the State and other interested
individuals, including representatives of the private sector,
organizations involved in meeting educational, public safety, human,
and environmental needs, community-based organizations, and
constituencies that might not otherwise be formally involved with
national and community service programs. The State Plan should also be
developed in a non-partisan, non-political manner.
(3) Required Components
Section 2513.30 of this rule details the required components of the
State Plan. The following information is provided as supplemental
information on three aspects of the Plan:
(a) Overview of State experience and ``historical context'' for
service programming. The State Plan, especially in the first year,
should provide a context for understanding the development of national
and community service activities within the State, including the extent
to which the State has been involved in the development or support of
such activities. It should also provide an overview of the broad array
of organized service activities within the State, including, to the
extent practicable, activities not funded by the Corporation. The
primary goal for this section is to gain a ``snapshot'' of service
within the State, and to determine the extent to which States have an
established infrastructure to support high quality national and
community service programs, including the capacity to provide technical
assistance to prospective applicants and funded programs. In this
regard, the Plan will provide a baseline against which the Corporation
may assess future progress and activities.
(b) Establishment of goals and priorities. This section of the plan
should detail the goals and strategies identified by the State to
achieve the purposes of the Plan set forth above. In addition, any
State priorities that will govern the programs proposed for support
with formula funding should be clearly identified and explained,
including if appropriate a description of why the priorities were
established and how they relate to the national priorities established
by the Corporation.
(c) Description of process. The State Plan must specifically
describe the manner in which the State has conducted an open and
inclusive process to develop the State Plan and the priorities.
(4) Evaluation Criteria
The State Plan will be evaluated on two principal criteria: quality
and sustainability. These criteria are described in part 2513.40. In
addition, the quality of the State Plan itself will also be factored
into the Corporations overall evaluation of a State Commission's
application. Specifically, the submission of a State Plan that meets
the quality criteria established by the Corporation is an eligibility
requirement for States seeking formula funding under the national and
community service grant program. The quality of the State Plan will
also be factored into the Corporation's selection of programs for
competitive State funding. Finally, the Corporation may consider the
quality of the State Plan in determining whether to renew State
Commission administrative support under part 2550 of this rule.
SERVICE-LEARNING ISSUES
The K-12 service-learning programs--i.e., the school- and
community-based programs described in parts 2516 and 2517 of this
rule--as well as the Higher Education service-learning programs
described in part 2519 of this rule, aim to engage school-age youth and
students of all ages in activities to help meet the educational, public
safety, human, and environmental needs of America's communities.
Service-learning programs provide participants with structured,
sometimes curriculum-based opportunities to reflect on and learn from
their service experiences, often enhancing their academic skills, their
sense of civic responsibility, their ability to solve community
problems, and their understanding of important concepts such as
community, diversity, and citizenship.
In similar ways, the higher education programs strive to develop
the academic and civic skills of students by supporting efforts of
colleges and universities to help meet community needs.
(A) K-12 SERVICE-LEARNING ISSUES
(1) Coordination With State Plans
Any State or grantmaking entity that applies for school-or
community-based K-12 service-learning support must coordinate its
service-learning activities with the development of the comprehensive
State Plan described in part 2513 of this rule. This requirement is
designed to facilitate the integration of K-12 service-learning
programs into the overall national service efforts of each State.
The Corporation will consider the extent and quality of
coordination with the development of the State Plan in assessing the
merits of applications submitted by States or grantmaking entities.
However, because State Plans will be in different stages of
development, any applicant that makes a good faith effort at
coordination will not be disadvantaged in the selection process.
(2) Terms of Grants
The Corporation has set the maximum term of most grants at three
years, subject to satisfactory performance and annual appropriations.
In addition to facilitating coordination with the State Plan, the three
year term (a) allows programs to evolve and improve over time, learning
from mistakes and making adjustments to ensure quality, and (b) allows
the Corporation to track and learn from the development of programs
over time.
A one-year term will be set for planning grants made to school-
based program applicants, as well as grants to local partnerships
States not participating. This policy reflects the purpose of a
planning grant: to move programs from a sound program concept to the
brink of implementing a fully operational program. These grants thus
should be used for such activities as seeking community input, building
partnerships, developing curricula and materials, recruiting staff,
etc.
(3) Treatment of ACTION Student Community Service Program and
Commission on National and Community Service Grantees
High quality programs that received ACTION Student Community or
Commission funds are encouraged to seek Corporation grants.
(4) Stipends
The Act prohibits using school-based service-learning funds to
provide stipends to participants. With this rule, the Corporation
extends this restriction to Corporation funds awarded to community-
based service-learning programs in order to conserve and focus the
relatively small amount of funds available for community-based
programs.
(B) HIGHER EDUCATION SERVICE-LEARNING ISSUES
(1) Coordination With State Commissions
The Act is silent on the extent to which Higher Education service-
learning programs should be coordinated with State Commissions. In
considering this issue, the Corporation sought to balance (1) a desire
to promote coordination among national and community service programs
within each State, with (2) the concerns that programs not be unduly
burdened with bureaucratic procedures and that the Corporation, as the
direct funder of Higher Education service-learning programs, retain
control of selection, monitoring, and evaluation.
As a result, in fiscal year 1994 the Corporation is requiring an
assurance that, prior to submitting a Higher Education service-learning
application, applicants will send one copy of the final proposal to the
State Commission in each State where the program will operate. The
State will have no part in selecting programs to be funded. However, as
stated in the selection criteria of the application, evidence of
support from a State Commission or consistency with a State
comprehensive plan may improve the competitiveness of a program in the
review process.
(2) Educational Awards
Section 119(f) of the Act states that ``a participant in a program
funded under this part shall be eligible for the national service
educational award if the participant served in an approved national
service position.'' However, the Act provides no guidance on what kinds
of Higher Education service-learning programs involve participants in
positions eligible to be approved AmeriCorps positions.
Since institutions of higher education are eligible to apply for
AmeriCorps program support, campus-based programs fitting one or more
of the AmeriCorps program types described in Sec. 2522.110 should apply
as AmeriCorps programs rather than as Higher Education service-learning
programs. This reflects the idea that Higher Education service-learning
programs should have a distinctive service-learning emphasis; it was
not intended to be a grant program that merely supplements the
AmeriCorps funds.
The Corporation examined whether certain other types of positions
in a Higher Education service-learning programs should be provided
AmeriCorps educational awards. In Sec. 2519.320 of this rule, the
Corporation retains flexibility on this issue. In the fiscal year 1994
application, the Corporation expects to provide AmeriCorps educational
awards only to programs with positions designed to increase
participation in community service on campus, to develop projects and
partnerships in the community, or to facilitate service-learning in
campus-based programs. They are similar to other AmeriCorps positions
such as service-learning coordinators for school-based service-learning
programs or crew leaders in youth corps. Positions of this type are
essential for the longevity and progress of the service movement.
Any Higher Education service-learning program whose participants
receive educational awards must meet the minimum AmeriCorps program
requirements described in Section 2522.100 of this rule. As Higher
Education service-learning programs, however, they will be reviewed
according to selection criteria and priorities that apply to all Higher
Education service-learning applicants.
(3) Treatment of Existing Grantees of the ACTION Student Community
Service Program and the Commission on National and Community Service
ACTION and Commission grantees may seek funds to continue and build
on activities carried out under their current grants. In the fiscal
year 1994 application, the Corporation requires these grantees to
submit an application that will be reviewed on a competitive basis
according to the selection criteria applicable to all Higher Education
service-learning applicants. However, the Corporation will give
preference to applicants that offer evidence of positive performance
relative to stated objectives under their existing grants. This policy
is consistent with the Corporation's intent to select among all Higher
Education service-learning applicants on the basis of quality, while
giving existing grantees in good standing sufficient opportunity to
develop and become self-sustaining.
Applicants for renewal funding are expected to reduce their
dependence on Federal funds and to demonstrate clearly their potential
for sustainability, in accordance with the guidelines in the
application.
(4) Priorities
This rule gives priority to proposals that (among other
characteristics) demonstrate the commitment of the higher education
institution as a whole and specify how grant funds will be used to
strengthen the capacity of institutions of higher education to support
service.
The Corporation aims to fund programs supported not only by
students but also by the college or university presidents, faculty
members, and even trustees. An institutional commitment, beginning with
the institution's top leadership, enhances program quality and
sustainability by making resources from diverse areas of the
institution available to the program, by ensuring continuity of the
program as students come and go, and by signaling to the community that
the institution views the program as an integral part of--not an ``add-
on'' to--its core functions.
Moreover, as colleges and universities across the Nation develop
more model programs, the Corporation aims to fund efforts to link
individual initiatives within a campus or across several campuses in
supportive networks that facilitate replication of effective models,
delivery of training and technical assistance, access to information
and resources, development and dissemination of materials, and
evaluation of impacts. These activities, which build the capacity of
higher education institutions to improve the quality of community
service and service-learning programs, require strong infrastructures
within and across institutions.
AMERICORPS PROGRAM ISSUES
Section I: Programmatic Issues
(A) Overview and Purpose of Grant Program: ``Getting Things Done''
AmeriCorps is about getting things done. It will engage the energy
and idealism of the American people, especially young people, in
addressing the most critical educational, public safety, human, and
environmental needs of our communities. It will strengthen communities
and the civic character of our people through service, and reward those
who answer the call to service with enhanced educational opportunity.
The purpose of the AmeriCorps grant program, therefore, is to support
locally driven programs that meet rigorous national standards. This
strategy will enable communities across the Nation to channel the
unique talents and creativity of America toward effectively addressing
these most important needs. For these efforts to be successful,
however, it is essential to ensure that they provide direct and
demonstrable benefits that are valued by communities.
To achieve this outcome, the Corporation has attempted through
these regulations to provide clear guidance to programs seeking
assistance under the grant program. First, the regulations clarify the
nature of service activities eligible for support under the Act.
Second, to enhance the collective impact that all programs will have
within the four broad issue areas specified by law, the Corporation has
also exercised its authority to establish national priorities. Third,
to ensure that each of the diverse programs supported through the grant
program is of the highest possible quality, the Corporation has also
specified minimum program requirements that all programs must address.
And finally, the Corporation has clarified issues pertaining to
participant eligibility and benefits.
(B) Eligible Service Activities
(1) Description of Eligible Service Activities
There are numerous pressing needs throughout our communities that
may be appropriately addressed by AmeriCorps programs. But given the
realities of limited resources and the extent to which other public,
private and non-profit responses to many of these needs already exist,
it is important that an AmeriCorps program undertake activities that
are appropriate to the program's overall mission and capacity and that
achieve the greatest positive impact possible. To this end, the
Corporation has provided a framework for eligible service activities
that builds on the parameters specified in the law.
The Corporation's proposed regulation (as set forth in part 2520)
limits service to activities that provide a direct benefit to the
community where they are performed or that involve the supervision of
participants or volunteers whose service provides a direct benefit to
the community where it is performed. The Corporation determined, based
upon the inclusion in the Act of several program types involving such
supervision, such as service-learning coordinator programs, that
Congress intended for supervision of participants or others performing
service to be included as an eligible service activity, provided that
the service of those supervised would itself qualify.
In determining whether service ``provides a direct benefit to the
community where it is performed,'' the Corporation will take into
consideration several factors, including whether the service must be
performed physically in the community to be effective and whether the
service brings participants face-to-face with residents of the
community served or in contact with the physical environment that is
the ``beneficiary'' of the service. Direct service includes physical
projects like renovating low-income housing or creating a playground in
a vacant lot, as well as less tangible projects like tutoring,
mentoring and conflict resolution.
To further define what constitutes a ``direct benefit,'' the
Corporation's proposed regulation offers several examples of activities
that would not meet this test: fundraising, clerical work, and
research. This list is not intended to be limiting; other activities
may also fail the ``direct benefit'' test. However, if an activity does
not provide a direct benefit, it is not necessarily altogether
prohibited. Rather, unless it falls into one of the ``prohibited''
categories discussed below, the activity may be performed if it is
incidental to the direct service. For example, a team whose project
involves providing meals, transportation, and health services to the
homebound might conduct a door to door survey of community residents to
help locate those in need of services; if they then went on to provide
those services, this kind of research would be an appropriate activity
for the team.
(2) Prohibited Activities
Prohibited activities (specified in Sec. 2520.30) may not be
performed by participants in the course of their duties, at the request
of program staff, or in a manner that would associate the activities
with the AmeriCorps program or the Corporation. These activities
include: influencing legislation, as defined in the section of the IRS
code relating to non-profit organizations; organizing protests,
petitions, boycotts, or strikes; assisting, promoting or deterring
union organizing; participating in partisan political activities; and
performing religious activities, such as conducting worship services or
engaging in religious proselytization. Of course, participants may
engage in any of these activities at their own initiative, on their own
time, and in a manner that is not associated with their participation
in the program.
(3) General Guidance
In all cases, service activities must result in a specific
identifiable service or improvement that otherwise would not be
provided with existing funds or volunteers and that does not duplicate
the routine functions of workers or displace paid employees. Further,
service opportunities should be appropriate to the skill levels of
participants, and they should provide a long-lasting, identifiable, and
demonstrable benefit that is valued by the community.
While the Corporation reserves the right to further restrict
eligible service, it has not done so because it recognizes that the
character of service often depends on its content and context. For
example, distributing leaflets may provide a ``direct benefit'' if the
leaflets inform readers about the availability of free immunizations or
how to conserve energy in the home. Conversely, distributing leaflets
supporting a political candidate, or urge individuals to write their
legislators about an issue, would be prohibited. Given the great
educational, public safety, human, and environmental needs of our
communities, it should not be difficult for programs to identify
projects that clearly provide a direct benefit.
(C) Establishment of State and National Priorities
(1) State Priorities
As discussed earlier, States must establish and, through the State
planning process, periodically alter priorities in the areas of
educational, public safety, human, and environmental needs. These
priorities apply to programs that receive assistance (funding or
AmeriCorps educational awards) provided on a formula basis as described
in Sec. 2521.30(a)(1). The State priorities will be subject to
Corporation review as part of the AmeriCorps application process under
Subpart C of part 2522 of this rule.
(2) National Priorities
In order to concentrate national efforts on addressing certain
educational, public safety, human, and environmental needs, the
Corporation will establish and, after review of the strategic plan
approved by the Corporation's Board of Directors, periodically alter
priorities regarding the AmeriCorps programs that will receive
assistance (funding or AmeriCorps educational awards) and the purposes
for which such assistance may be used. These priorities apply to
assistance provided on a competitive basis as described in
Sec. 2521.30(a)(2) and (b)(3), and to any assistance provided through a
subgrant of such funds.
(a) National Priorities for Fiscal Year 1994. For fiscal year 1994,
the Corporation has established the following national priorities
within each of the four broad issue areas:
(i) Education. (A) School Readiness: Furthering early childhood
development; and
(B) School Success: Improving the educational achievement of
school-age children.
(ii) Public safety. (A) Crime Prevention: Reducing the incidence of
violence; and
(B) Crime Control: Improving criminal justice services, law
enforcement, and victim services.
(iii) Human needs. (A) Health: Providing independent living
assistance and home-and community-based health care; and
(B) Home: Rebuilding neighborhoods and helping people who are
homeless.
(iv) Environment. (A) Neighborhood Environment: Reducing community
environmental hazards; and
(B) Natural Environment: Conserving, restoring, and sustaining
natural habitats.
(b) Application of Priorities to Programs. The National priorities
established by the Corporation apply to programs seeking State
competitive and national direct grants from the Corporation, as
specified in Sec. 2521.30 of this rule. Programs included in the State
formula application are not governed by these priorities, but rather by
priorities established by the State consistent with part 2513 of this
rule. A more thorough description of how these National priorities will
affect program selection in each of the major grant areas is described
in Section II, Subsection B, Number 3 of this Supplementary Information
section, below.
(D) Minimum Program Requirements To Ensure Quality
In an effort to ensure that all programs supported by the
Corporation are high quality, the Corporation has specified a number of
minimum requirements (in addition to those already provided in the law)
that all programs must satisfy. These provisions, specified in
Sec. 2522.100 of this rule, seek not only to enhance the quality of
individual programs, but to further the ability of each program to
contribute to the achievement of the overall goals and purposes of
AmeriCorps as set forth by the Corporation.
Because the minimum program requirements represent elements
essential to the success of any AmeriCorps program, every program
receiving assistance from the Corporation through part 2522 of this
rule is required to address each requirement. The following sections
discuss the most salient of these requirements:
(1) Getting Things Done
First and foremost, every AmeriCorps program that receives funding
or AmeriCorps educational awards from the Corporation must address
educational, public safety, human, and environmental needs, and provide
a direct and demonstrable benefit that is valued by the community. This
requirement reflects the Corporation's intent to make efficient use of
limited funds--to have every grant made to an AmeriCorps program in
some way help to address our Nation's most pressing needs.
(2) Strengthening Communities
In addition to addressing the Nation's most pressing community
needs, the Corporation also seeks to strengthen the communities in
which we live through AmeriCorps programs. As social and economic
forces continually drive people apart, the need arises to promote
opportunities for diverse Americans to enjoy common experiences and
share common values that, in the words of the President, ``strengthen
the cords that bind us together as a people.'' Thus, the Corporation
has established the requirement that each program must seek ``to
strengthen communities and encourage mutual respect and cooperation
among citizens of different races, ethnicities, socioeconomic
backgrounds, educational levels, among both men and women and
individuals with disabilities.''
This requirement reinforces several of the Corporation's goals for
AmeriCorps. First, it affirms that a necessary ingredient of active,
productive citizenship is the ability of diverse citizens to live and
work together, notwithstanding differences in race, class, gender,
physical or mental ability, etc. Second, the requirement supports the
objective of strengthening not just individual relationships among
people, but the collective relationships among all Americans as
expressed in the spirit of community and in citizens' sense of personal
responsibility to that community. Third, it acknowledges that diversity
within programs can be an effective resource for community problem-
solving. Finally, the requirement supports a number of legislative
objectives and requirements found within the Act.
For example, an initial finding of the statute is that ``Americans
desire to affirm common responsibilities and shared values, and join
together in positive experiences, that transcend race, religion,
gender, age, disability, region, income, and education.'' Furthermore,
section 179 of the Act instructs the Corporation to evaluate programs
based on their effectiveness in ``recruiting and enrolling diverse
participants * * * based on economic background, race, ethnicity, age,
marital status, education levels, and disability.'' These legislative
provisions thus reinforce the Corporation's objective.
One way in which this important objective may be accomplished is to
involve diverse participants in programs. Therefore, the Corporation
requires each program to seek actively to engage participants from
diverse backgrounds in AmeriCorps, including individuals from the
community served. It also recognizes that in practice, it is not always
possible (or in some cases desirable) for this objective to be realized
in every case. Specifically, the Corporation recognizes two instances
in which programs may lack diversity in one or more ways:
First, despite its best efforts, a program simply may be unable to
recruit the participants necessary to achieve diversity in some
respect. In recognition of this the Corporation requires that programs
``seek to achieve'' rather than ``ensure'' diversity. However, programs
will be required to specify the specific strategy or activities to be
undertaken to recruit participants in accordance with this provision.
Second, some programs may have legitimate, substantive or
philosophical reasons to involve individuals who share a particular
characteristic. Examples of such programs include, but are not limited
to the following: (1) A youth corps or other program might be designed
to impart specific job skills and provide basic education through
service-learning and thus might lack educational or economic diversity
by design; (2) a professional corps that requires participants to
possess specific post-secondary training necessarily would lack
educational diversity.
Although such programs would thus lack diversity in one or more of
the required aspects, they nevertheless must strive for diversity in
other areas. For instance, a professional corps enlisting participants
of a common educational background would still be required to seek to
include a racially and ethnically diverse group of individuals,
individuals with disabilities, and both men and women. Equally
important, all programs should undertake activities that will provide
opportunities for citizens who might not otherwise serve, work or learn
together to do so, regardless of what the overall composition of the
program might be.
While the Corporation is committed to making AmeriCorps
opportunities available to Americans of all backgrounds, it will also
ensure, consistent with the Act, that at least 50 percent of
Corporation funds provided to States will go to programs that operate
in areas of greatest need and that place a priority on recruiting
participants who are residents in these high need areas (as specified
in Sec. 2521.30(a)(3)(iii) of this rule), or on Federal or other public
lands. The Corporation does not consider this requirement, which
affects the overall national composition of programs and participants,
at odds with its goals of encouraging the participation of citizens of
all backgrounds.
The Corporation recognizes that recruiting and retaining diverse
participants requires special efforts. This is particularly true for
qualified individuals with disabilities, including people with mental
disabilities . Because the Corporation intends to assist programs in
achieving the goal of diversity, the Corporation anticipates making
technical and other assistance available to programs to assist in the
attainment of recruitment goals. In addition to program development
assistance for strengthening recruitment or outreach components of
individual programs, the Corporation will make other resources
available to programs, including financial support for programs seeking
to involve qualified individuals with disabilities (as described in
Sec. 2524.50 of this rule), as well as referral information on
participants identified through the national recruiting system
described in Sec. 2522.210 of this rule and in section (E)(3), below.
(3) Participant Selection Requirements
Through this rule, the Corporation offers guidance to programs
regarding participant selection. First, the proposed regulation
encourages programs to select participants who possess leadership
potential and a commitment to the goals of the AmeriCorps program. This
guidance is not intended to discourage the enrollment of individuals
who have not attained educational or job success; rather, it
acknowledges that within every social strata, there are people who
possess leadership ability that has not been tapped or directed at
productive activities. Second, the regulation calls for programs to
select participants in a non-political, non-partisan, and non-
discriminatory manner. The third participant selection rule is found in
the Act itself--the requirement that programs establish minimum
qualifications for participants. Among other things, this provision
prohibits AmeriCorps participants from performing service that (1) is
or was recently performed by paid employees (2) would infringe upon the
promotional opportunities of paid employees (3) would supplant the
hiring of employees or (4) would reduce the hours, wages, or benefits
of paid employees.
Finally, although the Corporation expects that most programs will
involve young adults or recent college graduates as participants, the
regulations encourage programs to consider intergenerational approaches
because of the natural mentoring relationships that arise in these
programs. For example, a youth corps might involve seniors on each crew
or a corps of young attorneys might include retired lawyers
volunteering on a part-time basis.
In addition, the Corporation may require programs to establish pre-
service orientation and training periods for participants. The goal of
such periods would be to establish a common orientation process for all
programs and participants that would be tied to the efforts to create a
national identity. The Corporation might specify, for example, that the
official AmeriCorps logo may not be worn until participants have
satisfactorily completed the orientation period and have been
officially enrolled in the program through the administration of a
national oath. These efforts, among other things, may reduce
prospective attrition rates and contribute to a positive esprit de
corps across programs.
The statute also directs the Corporation to establish a national
leadership pool and a national system for the recruitment of
participants; States also must establish recruitment systems. National
and State recruitment will contribute to the diversity of the overall
participant pool by supplementing local recruitment with participants
from across the Nation and with participants who possess specialized
skills or training. The national and State recruitment efforts will
also facilitate the participation of individuals who desire to serve
but live in areas where there are few or no AmeriCorps programs
available. The Corporation may therefore require programs to select a
small percentage of participants from the national recruitment pool. In
addition, as specified in the application materials, the Corporation
may provide for the coverage of certain relocation expenses for a
limited number of participants who are recruited through the national
referral system. While the Corporation will not require programs to
select any participants through the national system in fiscal year
1994, programs are strongly encouraged to do so.
(4) AmeriCorps Identification
In addition to those activities noted in paragraph (3) above, the
Corporation will also require programs to agree to identify themselves
as part of a larger national effort and to participate in such
AmeriCorps activities as the Corporation may specify. Examples might
include the use of a national logo or common application and
informational materials as well as participation in special activities
such as a national service day, a conference or common training, or the
use of a common orientation component. This provision would not
preclude an AmeriCorps program from developing its own training or
materials, or from using its own name as the primary identification for
the program. These efforts not only will enhance the visibility of the
AmeriCorps programs but will contribute to a national recognition of
the value and importance of the work being undertaken by the programs.
(5) Promoting Active, Productive Citizenship
In addition to ``Getting Things Done'' in communities throughout
the Nation, another central goal for all AmeriCorps programs is to
promote active, productive citizenship on the part of all participants,
which may include fostering a sense of personal responsibility and a
life-long ethic of service. To this end, programs are encouraged to
design projects that employ service-learning methods to enhance
participants understanding of the relationship between the activities
undertaken to address needs and the larger social context in which the
efforts are made. In addition, programs must provide participants with
appropriate training and support to carry out assignments, including
background information on the community in which the service will be
performed and on why the particular project is needed. Finally, because
AmeriCorps programs seek to promote active citizenship, and because
voting is a critical component of citizenship in any democracy, every
program must encourage, in a non-partisan manner, each participant
eligible to do so to register to vote.
(6) Start of Operations
To further the goal of creating a national identity for programs,
this rule requires all programs to agree to begin operations at such
times as the Corporation may reasonably require. Creating ``classes''
of participants who all begin and ``graduate'' from their terms of
service during the same time period will foster a greater sense of
national identity. The Corporation's current policy requires
participants to begin service in June, September, or January. The
Corporation may waive this requirement for programs that can
demonstrate compelling reasons for alternative starting dates.
This requirement should also contribute toward the achievement of
other programmatic goals. For example, common schedules and operating
timelines will enable the Corporation to support, where appropriate,
staff and participant training. In addition, this provision will enable
many programs' term of service to track the traditional school year,
making the recruitment of college and college-bound participants
easier. For example, a program that begins in January and ends in
October would require participants to miss two years of school, whereas
a program that begins in September and ends in June would only require
participants to miss one year of school.
In addition, this rule states that programs must agree to comply
with any policy the Corporation may implement regarding filling
approved AmeriCorps positions left vacant by attrition. The Corporation
is currently considering a policy which would allow programs to fill
such vacant positions only within the first month of the enrollment of
a given class of participants. The Corporation encourages interested
parties to comment on this proposed policy. This provision is aimed at
providing a sense of cohesion within each AmeriCorps program.
Experience shows, especially in team- or crew-based programs, that the
process of continually filling positions left vacant by attrition tends
to erode the sense of teamwork and identity among participants and can
interrupt an efficient flow of operations, thereby affecting the
quality of service provided in the community. Through this provision,
the Corporation would require programs to wait until the next approved
intake period before enrolling additional participants.
(7) Allocation of Educational Awards Within Programs
Because of the limited amount of funding available for program
assistance, the Corporation anticipates that in some cases programs
(especially existing programs) may not apply for or receive adequate
support for all participants enrolled in the program, and the potential
may thus arise for some participants (who are serving in approved
AmeriCorps positions) to receive AmeriCorps educational awards while
others do not. The Corporation is therefore requiring every applicant
to describe the rationale for its distribution of educational awards to
program participants in those cases where distinctions among
participants are necessary. In general, this distribution should treat
equally all participants doing the same or essentially similar work.
This reflects a matter of principle as well as a pragmatic concern for
the equal treatment of participants within a single program.
The Corporation recognizes that equal treatment may not be feasible
or desirable in some instances. For example, an intergenerational
program or a program with a specialized component or division assigned
special projects may make distinctions among participants that justify
the provision of educational awards to some but not to others.
Similarly, a program may choose to offer alternative post-service
benefits to participants in lieu of the AmeriCorps educational awards
provided by the Corporation. AmeriCorps programs are strongly
encouraged to offer alternative post-service benefits to participants
who will not receive AmeriCorps educational awards. The Corporation
will evaluate on a case-by-case basis the rationales of programs that
do not plan to provide all participants with educational awards.
However, the Corporation anticipates that it will not approve
rationales based solely on a determination of economic need of
participants.
(8) Evaluation Requirements
In order to ensure that only high quality programs continue to
receive Corporation support, AmeriCorps programs must perform
continuous monitoring and evaluation. The provisions of this rule
emphasize the importance of monitoring and evaluation at all levels--by
individual programs, States or grantmaking entities, and the
Corporation.
This rule allows programs to conduct internal rather than
independent evaluations. The Corporation will conduct independent
evaluations at the national level because, due to economies of scale,
that is where they will be most cost-effective. Each program, State,
and grantmaking entity must collect data and cooperate fully in all of
the Corporation's monitoring and evaluation activities.
A key provision of the Corporation's evaluation strategy requires
all programs to set annual objectives in concert with the Corporation
and applicable grant-making entity. Programs will be required to track,
and report to the Corporation, progress towards these objectives.
Programs will be evaluated annually, in part, based on their success at
achieving their objectives.
Finally, this rule promotes continuous quality improvement and
provides examples of techniques available to programs.
(E) Program Types and Size
(1) Program Types
Section 2522.110 of this rule lists fourteen discrete types of
service programs that may qualify for AmeriCorps program funding. These
types, while sharing the goal of meeting our Nation's pressing needs,
differ in terms of which need is addressed, how the participants are
organized, the age and background of the participants, and the nature
of the sponsoring organization.
After careful and thorough consideration, the Corporation decided
not to include in the regulations any program types not listed in the
Act. This decision is not an attempt to restrict the types of eligible
AmeriCorps programs. On the contrary, it was specifically intended to
leave open-ended the types of programs that may be eligible.
The Act states that the Corporation may designate other AmeriCorps
types aside from those listed to qualify for AmeriCorps grants. The
Corporation decided that instead of attempting to list additional types
of programs, it would interpret this provision broadly, allowing for
the eligibility of any program type that meets the criteria applicable
to all programs.
The fourteen program types listed are clearly eligible for support,
and they may serve as guidelines for developing programs. However,
programs that meet the Corporation's eligibility and quality criteria
but that do not fit one of these types will not be disadvantaged in the
selection process. Conversely, because the Corporation wishes to fund
the highest quality programs that meet the Nation's most pressing
needs, the Corporation will not give priority to a program simply
because it fits the description of one of the listed program types.
Finally, any organization considering applying should determine
whether they are more appropriately a project sponsor than a program. A
program is responsible for recruiting, selecting, and training
participants, providing them benefits and support services, engaging
them in regular group activities, and placing them in projects. While
the program may also serve as the project sponsor by supervising the
day-to-day service of participants, the program may instead place
participants in projects overseen by another organization.
For example, a local police department could apply for funds to run
a community policing support program. It would recruit and select
participants, train them, and supervise them in a variety of projects.
In this case, the police department would be both the program and the
project sponsor. Alternatively, an organization that runs a program may
work in collaboration with one or more other organizations that will
serve as project sponsors. For example, a community-based organization
(CBO) may apply for funds to operate an early childhood development
corps. The CBO, as the program, would recruit and select participants,
provide them with specialized training in child development, and bring
them back together regularly for additional training and other
activities. The participants would be assigned individually or in small
groups to child care, Head Start, and preschool programs in the
community, which would serve as project sponsors.
In general, organizations who can engage productively no more than
four participants or that lack the capacity to perform the duties,
required of programs should consider becoming project sponsors. Such an
organization may form a partnership with another organization in the
community with a shared vision and mission that is interested in
becoming a program sponsor. Together, the organizations in the
partnership should be able to present a coherent program, including
common training and ongoing group activities, rather than a loosely
federated consortia with unrelated elements. Such an organization may
also contact the State Commission for information about funded programs
in the area that might place participants with the organization, or
contact the State ACTION office about the possibility of a VISTA being
assigned there.
(2) Minimum Program Size
It is extremely important for all programs, regardless of type, to
be large enough to achieve a demonstrable impact on the community
served. Thus, while the actual size of each program may vary depending
on the size of the community in which it operates, the design of the
program, and other factors, in general the Corporation encourages
programs to enroll at least twenty full-time equivalent participants,
regardless of whether participants are placed individually or in teams.
And while the Corporation will likely fund programs that exceed this
preferred minimum size, any applicant seeking support for a program
that does not intend to enroll at least twenty participants should
demonstrate why a smaller program is necessary or appropriate to a
specific circumstance.
This guideline should not only enhance the impact that programs
will have on a particular issue or within specific communities, but it
should also increase the ability of the Corporation and State
Commissions to ensure the delivery of high quality programming and
compliance with legislative and regulatory requirements. Accomplishing
these outcomes would be significantly more difficult with many small
groups of participants dispersed throughout a State or region.
It is important to note that this requirement relates to programs,
not to project sponsors. Thus, while programs should enroll at least
twenty participants, there is no minimum requirement for the number of
AmeriCorps participants which may be placed in an approved service site
or organization.
(F) Participant Eligibility and Benefits
(1) Terms of Service
Section 2522.220 specifies appropriate definitions and guidance
pertaining to terms of service. This rule clarifies that participants
shall receive benefits, including AmeriCorps educational awards, only
for their first two terms of service, regardless of whether those terms
of service are full-time, part-time, or a combination of both. It also
establishes that admission to a second or further term of service is
contingent upon successful completion and a positive performance review
of the first term. (Sec. 2522.220(c)(i) of this rule explains the
performance review.)
Participants and programs have substantial latitude in mixing
different types of terms of service. For example, a high school
graduate could participate full-time in a youth corps for one year, use
his or her educational award to pay for two years of community college,
participate in a part-time AmeriCorps program during college, and earn
another award to help pay the costs of attending a four-year
university. Alternatively, a participant could serve two consecutive
1\1/2\ year part-time terms of service while attending college; such a
participant would thus, in total, serve 1800 hours and earn two part-
time educational awards. A good example of this type of mixing of terms
of service would be a during-college program analogous to the Reserve
Officer Training Corps program, which engages participants in part-time
service during college, followed by a full-time placement after
graduation.
(2) Release from Terms of Service
Generally, participants can be released for two reasons: (i) they
want to be released due to compelling personal circumstances; or (ii)
they are released from the program for cause. In both cases, this rule
puts primary responsibility for determining when to release a
participant in the hands of the programs. Programs should be aware that
participants released due to compelling personal circumstances may
receive prorated educational awards whereas those released for cause
may not.
In addition, this rule requires programs to establish in writing
clear guidelines that establish the circumstances under which
participants will be released for cause. These documents must be signed
by the participant and by a representative of the program. The
Corporation encourages programs to establish attainable but high
standards for participant conduct. The Corporation requires programs to
release participants for cause if they are convicted of a felony. If
participants are charged with a violent felony or the sale or
distribution of a controlled substance, or if they are convicted of the
possession of a controlled substance, programs must suspend their
service without a living allowance and without receiving credit for
hours missed.
A participant who is wrongly released or suspended for cause will
receive credit for any service missed and reimbursement for missed
stipends. This rule further describes the conditions under which
participants whose service has been suspended may be reinstated, the
impact of release for cause, and the grievance procedure available to
participants. (See Sec. 2522.230)
(3) Living Allowances
In general, the Act requires that all programs receiving
Corporation assistance provide living allowances to full-time
participants. The amount of the living allowance must be at least the
average annual amount provided to VISTA volunteers (approximately
$7,440 for FY 1994 or about $4.40 per hour assuming a total of 1700
hours served) but not more than twice that amount. Of this, the
Corporation's share may not exceed 85% of the basic VISTA allowance (or
approximately $6,375). Programs must therefore provide a cash match for
their share of the stipend.
There are a number of exceptions to these requirements: a program
that was in existence prior to September 21, 1993, is by law exempt
from meeting the minimum stipend requirement; programs may, but are not
required to, provide living allowances to part-time participants; and
the Corporation may waive or reduce the minimum requirement at its
discretion (see Sec. 2522.240(b)(4) of this rule).
With this rule the Corporation also clarifies that the
Corporation's share will not exceed 85% of the living allowance,
regardless of whether the allowance has been reduced or prorated from
the minimum full-time allowance. Thus, if a program provides part-time
participants who serve 900 hours per year with an annualized stipend of
$3,960, the Corporations share would not exceed $3,366 (85% of the
part-time allowance).
Finally, the Corporation will pay no share of participant stipends
for a professional corps described in Sec. 2522.110(b)(3) that provides
stipends to participants in excess of the maximum allowance. However, a
program involving professionals that wishes to seek Corporation support
for participant stipends or benefits while not technically a
``professional corps'' may do so by applying under the general
provision (Sec. 2522.110(g)). Such a program would be subject to the
same restrictions on stipends as other AmeriCorps programs.
(4) Child Care
The Act requires that programs provide child care or a child care
allowance to any full-time participant who needs such assistance in
order to participate. The regulations define need based on three
factors: total family income of the participant must be less than 75
percent of the State median income; the participant must reside with
and be a parent or guardian of a child under the age of 13; and the
participant must not be receiving child care assistance from another
source at the time of acceptance into the program, unless the
participant would become ineligible for child care by virtue of
enrollment in the program. These requirements were selected to be
consistent with the Child Care and Development Block Grant Act of 1990,
the major program through which the Federal government provides child
care to low- and middle-income families. To ensure that funded care
meets minimum health and safety standards, the regulations also tie
eligible providers and the amount of the child care allowance to the
Child Care and Development Block Grant of 1990. In implementing this
provision, the Corporation expects to reserve program funds for child
care benefits. Programs are asked in their applications to indicate how
many participants they expect to require such benefits. This will help
the Corporation determine the amount of funds that should be reserved.
(5) Health Insurance
The legislation requires the provision of health care benefits to
full-time AmeriCorps participants who are not otherwise insured. The
regulations provide for the Corporation to establish a minimum benefits
package and to tie the amount of funding for health care policies to an
affordable policy that provides these minimum benefits. The Corporation
welcomes comments on the contents of the minimum benefits package. Any
program wishing to provide alternative benefits may do so with approval
from the Corporation, provided that the policy has a fair market value
equal to or greater than the minimum benefits package.
Section II: Available Grants and Distribution of Funds
(A) Types of Grants Available
Eligible applicants may apply for planning, operating, or
replication grants. Applicants seeking operating or replication grants
also may apply for AmeriCorps educational awards. In addition, an
applicant may seek AmeriCorps educational awards only.
(1) Planning Grants
The purpose of a planning grant is to bring a program to the verge
of implementation so that it may compete successfully for operating
assistance in the following grant cycle. The Corporation will make
planning grants available to eligible applicants that already have
identified a sound concept for an AmeriCorps program, but that require
resources in order to plan, develop, and prepare the program for
implementation. (In this sense, planning grants more accurately may be
called ``development grants.'')
For example, a planning grant might be appropriate for an applicant
that has already identified the type of program to be developed,
including key design elements such as the specific need(s) to be
addressed, types of projects to be conducted, and kinds of participants
to be recruited. The program might lack, however, a specific training
or education curriculum, or it might need to build additional community
partnerships to identify specific service projects and activities to be
conducted. It might also lack a specific staffing or recruitment plan
and materials, or it might need to raise additional matching funds.
Thus, while the specific elements of the program might require
developmental assistance, the program design is nevertheless clear
enough to enable the Corporation to evaluate fully the nature of the
program and the prospective activities that it will undertake
(including the expected impact it will have on a particular issue or
problem). While the average size of grants awarded for planning and
development will vary by circumstance and need, in general, grants will
range from $50,000 to $250,000, depending on the size of the
prospective full-time program, and may cover a period of between six
months and one year, depending on the expected timing of the next grant
cycle.
(2) Operating Grants
The purpose of an operating grant is to support an applicant that
is ready to implement a fully developed new or expanded program.
Operating grants may include a short planning phase to complete the
final stages of program development before implementation. The
Corporation may award operating grants for a term of up to three years,
with annual renewal funding subject to periodic assessment of program
quality, successful performance against stated objectives, and
availability of appropriations. In general, the size of an operating
grant will reflect the size and costs of the proposed program. However,
the Corporation anticipates making few operating grants in excess of $4
million. While there are no absolute limitations on the number of
AmeriCorps educational awards an applicant may seek, the Corporation
will apportion these positions in a manner consistent with the
reasonable needs of programs. Moreover, programs are encouraged to take
a cost-effective approach based on per-participant costs. The
Corporation also encourages new or start-up programs to start
relatively small (generally between 20 and 50 participants, depending
on the needs of the program) in order to ensure high quality operations
in the first year. For new programs proposing multi-State or multi-site
operations, the Corporation also encourages piloting efforts in a
limited number of communities or locations to ensure quality before
undertaking significant expansion.
(3) Replication Grants
The purpose of a replication grant is to support the replication to
other sites or programs of a program model or component that has a
track record of success, identifiable core elements that account for
its effectiveness, and sufficient adaptability to local circumstances.
In its first year, the Corporation will evaluate proposals for
replication against criteria similar to those that apply to operating
grants. In future years, the Corporation may establish criteria that
are specific to replication grants, including a requirement for
independent evaluation results demonstrating the quality and
effectiveness of the program seeking replication.
The terms and size of replication grants, as well as the allotment
of AmeriCorps educational awards, are the same as for operating grants
as described in paragraph 2 above.
(4) Educational Awards Only
For programs that have adequate resources to cover program costs
and that meet all the requirements for an AmeriCorps program set forth
in part 2522 of this rule, the Corporation may make grants consisting
only of AmeriCorps educational awards. This rule clarifies that these
grants may be made either to programs that do not apply for program
assistance or to programs that apply for but do not receive program
assistance (see Sec. 2521.30(c)).
These types of grants are integral to the overall success of
AmeriCorps: they are an efficient use of limited resources; and they
allow for the inclusion of high-quality programs that might otherwise
be excluded due to the supplantation rule (which states that
Corporation assistance cannot supplant State, local or private funds).
However, programs that receive this type of grant must be of at least
as high-quality as programs that receive program assistance.
(5) Other Assistance
(a) Program development, training and technical assistance. The
Corporation will make grants to provide program development, training,
and technical assistance to improve the quality of service projects,
assist in the recruitment of diverse participants, improve educational
or other materials, and for other purposes (see Sec. 2524.40 of this
rule; also see part 2532, which describes other grants available for
training and technical assistance).
(b) Challenge grants. Section 2524.40 of this rule allows the
Corporation to make challenge grants to programs already receiving
Corporation assistance. With these challenge grants the Corporation may
provide up to $1 in assistance for every dollar raised by a program in
excess of the matching funds required for its existing Corporation
grant. More details concerning the specifics of this program are
provided in Sec. 2524.40 of this rule.
The Corporation views the challenge grant program as an important
component of its efforts to support AmeriCorps. It allows the
Corporation to leverage funds and expand the scope and reach of the
highest-quality AmeriCorps programs. However, because programs
generally will not receive AmeriCorps program grants until three-
quarters of the way through the fiscal year, the Corporation
anticipates making only a limited number of challenge grants in fiscal
year 1994 .
(c) Grants for outreach to qualified individuals with disabilities.
The Act authorizes the Corporation to make grants:
(i) To assist AmeriCorps grantees in placing applicants who require
reasonable accommodation (as defined in Sec. 101(9) of the Americans
with Disabilities Act of 1990) (42 U.S.C. 12111(9)) or auxiliary aids
and services (as defined in section 3(1) of such Act) (42 U.S.C.
12102(1)) in an AmeriCorps program; and
(ii) To conduct outreach activities to qualified individuals with
mental or physical disabilities to recruit them for participation in
AmeriCorps programs.
(d) Disaster relief. With this rule, the Corporation has determined
that in light of limited resources for this grant program, disaster
relief grants will only be made available to enable national and
community service programs to respond quickly and effectively to a
Presidentially-declared disaster.
The Corporation has also clarified eligibility requirements by
specifying that any AmeriCorps program (including youth corps, the
National Civilian Community Corps, VISTA, and other programs authorized
under the Domestic Volunteer Services Act) or grant making entity (such
as a State or Federal agency) that is supported by the Corporation may
apply to the Corporation for disaster relief grants.
Finally, the Corporation has specified that due to the limited
duration of disaster relief activities, it may waive certain matching
or program requirements if appropriate.
(B) Distribution of AmeriCorps Funds and Educational Awards
(1) State Formula Allotment and Corresponding Educational Awards
The Act specifies that of amounts available for allocation under
the grant program, the Corporation will make one-third available to
eligible State applicants through a population-based formula. For
fiscal year 1994, the Corporation expects that $51,833,333 will be
available for award by formula allotment. Because the Corporation is
committed to supporting only high quality AmeriCorps programs, this
formula distribution is not and will not be treated as an entitlement
for states. These regulations specify that only those applicants that
submit high quality applications consistent with the requirements
contained in part 2522 of this rule and have an approved State Plan
under part 2513 will receive their formula allotment. The Corporation
is committed to working with States to ensure that the programs funded
through their formula allotment will meet the quality standards
established in this rule. For fiscal year 1994, all States must submit
to the Corporation a notice of intent to apply for formula funds by
March 31, 1994. The formula allotment for States not intending to apply
(or that do not submit a notice of intent to apply by the required
date) will be made available to eligible local applicants within the
State consistent with Sec. 2521.30(d) of this rule.
In addition, the Act instructs the Corporation to distribute to
States receiving their formula allotment a ``corresponding allotment''
of AmeriCorps educational awards; however, the statute does not clarify
what ``corresponding allotment'' means. The Corporation has therefore
determined that the appropriate interpretation of the legal meaning of
the expression ``corresponding allotment'' is the number of educational
awards that directly corresponds with the expected number of approved
AmeriCorps positions to be supported with program assistance.
Because a direct correlation does not exist between program dollars
and educational awards, the Corporation determined that it needed to
establish a plausible monetary relationship between the total value of
a State's formula award and the number of educational awards it would
receive. This relationship was determined by dividing each State's
formula award by the anticipated average Federal share of the cost of
an AmeriCorps position, calculated at $13,800 per participant (Program
Money$13,800=Educational Awards).\1\ Basing the definition of
``corresponding allotment'' on a relationship between program dollars
and educational awards reflects the Corporation's intent to ensure that
any State receiving program assistance for the support of AmeriCorps
participants would be ensured of receiving the requisite number of
educational awards for those participants. Thus, according to the above
calculus, Ohio, for example, will receive $2,228,498 through its
formula allotment and will also receive 161 AmeriCorps educational
awards. The overall expected distribution of formula grants and
educational awards is provided by State in the table below.
---------------------------------------------------------------------------
\1\This amount is exclusive of the national service educational
award, which is provided separately through the National Service
Trust Fund. This award represents an average estimated cost per
participant for start-up programs based on the experience of the
national service model programs funded by the Commission on National
and Community Service. Average costs for established programs,
including youth corps programs, are generally significantly lower.
Because the Corporation anticipates funding start-up programs as
well as programs that build on the infrastructure of existing
programs and organizations, and because the Corporation will
strongly encourage programs to exceed the minimum matching
requirements, it is expected that many programs will achieve
significantly lower average costs per position.
Formula Allocation of Program Funds and AmeriCorps Educational Awards to
States\1\
------------------------------------------------------------------------
Program Educational
State funds awards
------------------------------------------------------------------------
Alabama....................................... $831,565 60
Alaska........................................ 112,977 8
Arkansas...................................... 483,521 35
Arizona....................................... 752,837 55
California.................................... 6,107,718 443
Colorado...................................... 677,088 49
Connecticut................................... 674,582 49
Delaware...................................... 136,874 10
District of Columbia.......................... 124,841 9
Florida....................................... 2,661,624 193
Georgia....................................... 1,332,191 97
Hawaii........................................ 228,283 17
Idaho......................................... 207,141 15
Illinois...................................... 2,347,085 170
Indiana....................................... 1,138,927 83
Iowa.......................................... 570,551 41
Kansas........................................ 508,771 37
Kentucky...................................... 757,132 55
Louisiana..................................... 867,509 63
Maine......................................... 252,425 18
Maryland...................................... 982,217 71
Massachusetts................................. 1,234,071 89
Michigan...................................... 1,909,484 138
Minnesota..................................... 897,970 65
Mississippi................................... 529,412 38
Missouri...................................... 1,051,644 76
Montana....................................... 164,498 12
Nebraska...................................... 324,351 24
Nevada........................................ 246,884 18
New Hampshire................................. 228,004 17
New Jersey.................................... 1,586,048 115
New Mexico.................................... 311,489 23
New York...................................... 3,693,483 268
North Carolina................................ 1,362,733 99
North Dakota.................................. 131,279 10
Ohio.......................................... 2,228,498 161
Oklahoma...................................... 646,322 47
Oregon........................................ 584,123 42
Pennsylvania.................................. 2,440,838 177
Puerto Rico................................... 736,670 53
Rhode Island.................................. 205,912 15
South Carolina................................ 717,574 52
South Dakota.................................. 143,281 10
Tennessee..................................... 1,002,281 73
Texas......................................... 3,491,927 253
Utah.......................................... 353,656 26
Vermont....................................... 115,641 8
Virginia...................................... 1,272,453 92
Washington.................................... 1,000,500 72
West Virginia................................. 368,770 27
Wisconsin..................................... 1,004,349 73
Wyoming....................................... 93,332 7
-------------------------
Totals...................................... 51,833,333 3,756
------------------------------------------------------------------------
\1\The actual amount of each State's grant will be proportionally
reduced if the Corporation chooses to set aside money for participant
health and/or child care costs. In addition, numbers are based on the
1990 census but will be updated to incorporate the latest census
estimates from the Census Bureau.
The Corporation will consider the number of educational awards that
corresponds to a State's formula allotment as a minimum, and not as a
maximum, number of educational awards potentially provided to a State.
Thus, a State's ``minimum'' formula and award allotments should not
necessarily drive the design or size of programs applying for
assistance through State applications. Indeed, insofar as the formula
application includes high quality, cost-effective programs that request
more educational awards than would otherwise be provided through the
minimum allotment, those programs would be eligible to receive
additional awards from the Corporation on a competitive basis.
This mechanism for distributing educational awards not only
satisfies the legislative requirement but also makes sense for policy
and programmatic reasons. In making this determination, the Corporation
did, however, consider other alternatives. For example, the Corporation
considered the possibility of distributing the awards on a basis
proportional to the distribution of formula grants. Thus a State
receiving 12% of the total amount of funding available by formula
allocation would also receive the same percentage of educational
awards. The Corporation did not choose this option for several reasons.
First, from a legal standpoint, if the Congress had intended for
there to be a direct, proportional correlation between the overall
distribution of program funds and the overall distribution of
AmeriCorps educational awards, it would not have created educational
award set-asides for VISTA and CCC volunteers; nor would it have
allowed for the distribution of educational awards to programs the
Corporation does not fund or programs, such as professional corps, that
necessitate different levels of Federal support than other programs.
Second, from a programmatic standpoint, the distribution of
educational awards on a strict proportional basis would have resulted,
in some cases, in the unfortunate consequence of leaving some States
with insufficient programmatic funds to support the number of
participants for whom they would have received educational awards.
Finally, this approach also would have resulted in a lack of
flexibility on the part of the Corporation to provide support to
programs on the basis of quality and need, rather than on the basis of
an arbitrary proportional rule that, as noted above, bears no
relationship to anticipated or real program costs.
In short, the Corporation's need to support quality programs, to
ensure adequate financial support for all approved AmeriCorps positions
and educational awards within those programs, and the need to retain
flexibility to respond to individual State and program needs are
addressed through this distributive scheme.
(2) State Competition
In order to receive consideration for competitive funds, a State
must receive its formula allotment. In addition to the grants made
available to States by formula allocation, the Corporation will make at
least one-third of program funds, as well as an appropriate number of
educational awards as determined by the Corporation, available to
States on a competitive basis. For fiscal year 1994, the Corporation
expects that $51,833,333 will be available for this competition. The
following priorities will govern the competitive distribution of
AmeriCorps funds and educational awards to States:
(a) Priority for small states. The Corporation is committed to
ensuring that every State is able to participate in a meaningful way in
the AmeriCorps grant program. Specifically, the Corporation seeks to
enable every State that so desires to support at least one high quality
AmeriCorps program that meets the preferred minimum size guidelines of
20 full-time equivalent participants as stipulated in section I(D)(2),
above. Thus, for fiscal year 1994 the Corporation has established a
priority for small States, whereby any State that: (i) Does not
otherwise receive through the legislatively required formula allocation
adequate funding to support at least 20 full-time AmeriCorps positions,
and the same number of educational awards, and (ii) which can
demonstrate the existence of a high quality program(s), will receive
priority consideration for assistance through competitive State
funding.
In essence, this priority effectively establishes a small State
floor in the amounts of $276,100\2\ and 20 AmeriCorps educational
awards for those affected States (indicated in the table in section
II(B)(1)) that meet the quality and need criteria indicated above. This
priority does not, however, constitute a guarantee of assistance to any
State. Although the priority for small States will result in programs
otherwise supported through a State's formula allotment receiving
limited competitive funding, these programs will not be required to
address the national priorities established by the Corporation,
notwithstanding the provision specified in Sec. 2522.410(b)(1)(ii) of
this rule. Thus, every State meeting the guidelines will be able to
support at least one program of the minimum preferred size that
addresses State-based priorities.
---------------------------------------------------------------------------
\2\This figure was calculated by multiplying the preferred
minimum number of national service participants per state (20) by
the average Federal cost per participant ($13,800)
---------------------------------------------------------------------------
(b) National issue priorities. All programs, except those affected
by paragraph (a) above, that are submitted through State applications
for competitive funding should address the national issue priorities
explained in section I(C)(2) of this supplementary section. In general,
most activities conducted by programs should substantially address one
or more of the national priorities. However, the Corporation may grant
waivers if a program demonstrates that its proposed activities are (i)
more essential for their communities and (ii) not being met in any
other way.
(c) Priority for existing grantees. In fiscal year 1994, the
Corporation will give priority to National Service Demonstration
Programs and American Conservation and Youth Service Corps Programs
that received funding from the Commission on National and Community
Service. While this one-year priority does not constitute a guarantee
for renewal funding, the Corporation expects that those programs that
meet the minimum requirements and quality standards stipulated in this
rule will receive support. In addition, States should give priority to
these programs as well.
(3) Direct National Competition
(a) Allocation. After funds have been allotted to the States and
set aside for Indian tribes and U.S. territories, any remaining
AmeriCorps program funds will be distributed directly by the
Corporation on a competitive basis. In fiscal year 1994, the
Corporation anticipates making $48.8 million available for award in
this category. In general, subdivisions of States, Indian tribes,
public or private nonprofit organizations (including labor
organizations), institutions of higher education, and Federal agencies
may apply for these funds, although no more than one-third may go to
Federal agencies. Unless a program has a clear and compelling reason
not to do so, programs funded through this competition should address
any national priorities established pursuant to Sec. 2522.410(b)(1)(ii)
of this rule.
(b) Limitations for fiscal year 1994. The Corporation will limit
this category of funding in fiscal year 1994 to the following:
(i) Programs operated or funded by Federal agencies.
(ii) Programs operated or funded by national nonprofit
organizations.
(iii) Professional corps programs.
(iv) Programs operated in more than one State.
The Corporation intends to use this category of funding primarily
to support programs that are national or regional in scope.
In general, programs that are operated locally by nonprofits,
subdivisions of States or institutions of higher education can and
should apply through their respective States; doing so will increase
the chances that the programs are part of a comprehensive State plan,
which will enable the Corporation to ensure that all local programs are
appropriately monitored and receive technical assistance necessary to
support high-quality programs.
To clarify the eligibility of applicants in fiscal year 1994, the
Corporation will consider a national nonprofit organization to be one
whose membership, activities, constituencies, or mission is national in
scope. In addition, although programs operated or funded by States are
not otherwise eligible to receive direct national competitive funds,
those National Service Demonstration Programs supported by the
Commission on National and Community Service that operate in more than
one State may compete for support in fiscal year 1994.
(c) Agreements with Federal agencies. Technically, when a Federal
agency competes for and receives program funds under this category, the
Corporation will not give that agency a grant but rather will enter
into a contract or cooperative agreement that includes the transfer of
funds. Federal agencies may either subgrant to other nonprofits or
other eligible entities, or operate programs directly. Through this
rule the Corporation has clarified the scope and purposes of the
prospective awards to Federal Agencies as follows:
(i) AmeriCorps grants should serve as ``seed money'' to leverage
agencies' existing resources and grant-making capacity toward the goal
of integrating service more fully into agencies' programs and
activities. Agencies should plan, ultimately, to support independently
service initiatives developed or expanded with Corporation assistance.
(ii) Only Cabinet level departments and independent agencies may
apply. Bureaus, division, and local and regional offices of such
departments and agencies can only apply through the central department
or agency. An application may, however, include proposals for more than
one program. The primary purpose of this restriction is to ensure that
all national and community service efforts within a department or
agency are centrally coordinated and are part of a coherent strategy.
The Corporation also expects that many programs supported by
Federal agencies with Corporation assistance will be sub-granted or
operated in partnership with community-based organizations.
(C) Application Requirements/Issues
(1) Content and Degree of Specificity
In Secs. 2522.300-320 of this rule, the Corporation specifies the
application requirements for all applicants seeking AmeriCorps program
assistance, including national service educational awards. While the
Corporation will provide applicants with additional guidance through
approved application materials, the Corporation will require every
applicant--regardless of whether the applicant is a State or other
eligible entity applying directly to the Corporation--to include a
complete, detailed description of the proposed program(s) to be funded.
In essence, applicants will not be able to apply to the Corporation
for assistance for the purpose of subgranting awards to programs or
organizations that are not yet known at the time of application.
Especially in the case of States or other subgranting entities,
applicants will therefore need to know the specific programs to be
proposed and will need to provide required information on such programs
at the time of application. This requirement will ensure that the
Corporation will have complete information with which to select the
highest quality programs.
In general, this requirement will apply to States for both formula
and competitive applications, although the degree of specificity about
programs may vary slightly. In fiscal year 1994, the Corporation--
through the application materials--will require States to summarize in
the narrative of the proposal information on programs proposed under
the formula allotment (although States will be required to provide a
complete application for each program in the appendix to the State's
application). Specific, detailed information will be required for each
individual program included in any application for competitive funding.
In addition, the statute requires that the Corporation obtain
certain information on all programs prior to making any award. This
information includes:
(a) A description of service placements. The Act requires that an
application for AmeriCorps program funds and/or educational awards
include a description of the positions into which participants will be
placed, as well as a description of the minimum qualifications that
individuals must meet to be placed in those positions.
With this rule, the Corporation requires that such descriptions
describe the nature of specific tasks to be performed by participants.
Although individual ``job descriptions'' are not required for every
participant, applicants should clearly identify the specific nature of
assignments to be performed by participants within service projects.
This provision not only addresses a legislative requirement but also
provides additional information that will enable the Corporation to
assess the expected impact the program will achieve.
(b) Coordination with State Plan. The Corporation proposes to
require all applicants that are not States coordinate their activities
with the application of the State, including the State Plan, so as to
build upon existing programs and not duplicate efforts. Applicants
applying directly to the Corporation in fiscal year 1994 will be
required to coordinate their planned efforts with the State in which
the program(s) will operate, notwithstanding the fact that the
application of the State will be due to the Commission after the
applications of applicants other than States. The application should
identify efforts undertaken to this effect, including documentation of
meetings or correspondence.
(2) Special Requirements for State Applicants
(a) Number of programs in the competitive portion of a State
application. To ensure that States submit only the highest quality
programs for funding, the Corporation has limited the number of
programs a State may include in its application for competitive funding
as indicated in the table below. Every State may include at least three
programs, and each State may include an additional program for each
full percentage point of the population that State contains. New York,
for example, will receive the initial three, plus an additional seven
corresponding to the 7% of the total population New York contains, for
a total of ten.
Maximum Number of Programs That May Be Included in States' Applications
for Competitive Funding
------------------------------------------------------------------------
Maximum
State number of
programs
------------------------------------------------------------------------
Alabama..................................................... 5
Alaska...................................................... 3
Arkansas.................................................... 4
Arizona..................................................... 4
California.................................................. 15
Colorado.................................................... 4
Connecticut................................................. 4
Delaware.................................................... 3
District of Columbia........................................ 3
Florida..................................................... 8
Georgia..................................................... 6
Hawaii...................................................... 3
Idaho....................................................... 3
Illinois.................................................... 8
Indiana..................................................... 5
Iowa........................................................ 4
Kansas...................................................... 4
Kentucky.................................................... 4
Louisiana................................................... 5
Maine....................................................... 3
Maryland.................................................... 5
Massachusetts............................................... 5
Michigan.................................................... 7
Minnesota................................................... 5
Mississippi................................................. 4
Missouri.................................................... 5
Montana..................................................... 3
Nebraska.................................................... 4
Nevada...................................................... 3
New Hampshire............................................... 3
New Jersey.................................................. 6
New Mexico.................................................. 4
New York.................................................... 10
North Carolina.............................................. 6
North Dakota................................................ 3
Ohio........................................................ 7
Oklahoma.................................................... 4
Oregon...................................................... 4
Pennsylvania................................................ 8
Puerto Rico................................................. 4
Rhode Island................................................ 3
South Carolina.............................................. 4
South Dakota................................................ 3
Tennessee................................................... 5
Texas....................................................... 10
Utah........................................................ 4
Vermont..................................................... 3
Virginia.................................................... 5
Washington.................................................. 5
West Virginia............................................... 4
Wisconsin................................................... 5
Wyoming..................................................... 3
-----------
Totals................................................ 256
------------------------------------------------------------------------
Because of the limited amount of funding available, the selection
process will be very competitive, with only about one in five proposed
programs likely to receive support. Furthermore, the Corporation does
not anticipate that any one State will receive more than a third of the
available funds, and most States will receive considerably less. States
are advised to submit applications proposing only coherent, high
quality programs that: address the program and size requirements
explained in part 2522 of this rule; are consistent with the State
plan; and are cost-effective. States will not increase the chances of
their programs receiving funding by increasing the total number of
programs they submit.
(b) Use of competitive funds to support programs included in the
formula portion of a State application. The cost of programs included
in the formula application may not exceed a State's formula allotment.
However, from the competitive State funds, States may request
additional funds and educational awards for programs listed in the
formula section of the applications if either (i) the State receives
small State priority consideration (as explained in Sec. II(B)(2),
above), or (ii) programs listed in the formula portion of the
application meet the national priorities explained in Sec. I(C)(2),
above. Nevertheless, States should clearly indicate which programs will
be supported with formula assistance if competitive funding is not
received.
(c) Limitation on State-run programs. The Act requires an assurance
that at least sixty percent of Corporation assistance provided to a
State will be used to support programs that are not operated by the
State or State agency. However, the Corporation may waive this
requirement if a State demonstrates that it did not receive an adequate
number of acceptable applications from applicants other than States
during the competitive selection process.
The Corporation recognizes that this provision may be problematic
for some States with large existing AmeriCorps programs previously
supported by the Commission on National and Community Service,
especially if the programs are operated by the State (through a
department or agency). Such States should not attempt to comply with
the 60% requirement if doing so would necessitate submission of more
than five program proposals for competitive funding, proposals with
inflated budgets, or proposals for programs that are not of high
quality. In order to ensure that States with large existing grantees
may participate, the Corporation will consider such States unable to
comply.
(D) Selection Criteria Issues
In order to preserve maximum flexibility from year to year to
respond to changing priorities, the proposed regulations do not
substantively add to or modify the selection criteria listed in the
statute, except that, for State applicants, the quality of the State
plan will be a criterion in the selection of programs. As explained in
the ``State Plan'' section of this Supplementary Section above, the
quality of the State plan will be one factor in determining whether a
State's application for its formula allotment is accepted or rejected,
and insofar as a State has a high-quality State plan it will benefit
those programs in the competitive selection process as well. Other
changes or additions to the selection criteria will be provided
annually in the Corporation's application materials.
Investment for Quality and Innovation Issues
(1) Purpose
The Investment for Quality and Innovation activities are a
relatively small but nevertheless critical component of the
Corporation's overall national and community service efforts.
Activities funded under this part aim to build service infrastructure,
and include training, technical assistance, fellowships, service
awards, clearinghouses, research, recruitment, and innovative and
demonstration programs.
The Investment for Quality and Innovation activities apply to a
broad spectrum of service areas, including, but not limited to, the
service-learning and AmeriCorps programs described in parts 2515-2524
of this rule. (Conversely, the training and technical assistance
activities described in part 2524 of this rule target strictly the
AmeriCorps programs described in parts 2520-2523.) All of these
activities, however, are aimed at improving the quality of the service
field and, ultimately, at finding the best ways to meet the Nation's
needs through service.
(2) Priorities
This rule divides these activities into three groups: Innovative
and Special Demonstration Programs; Technical Assistance, Training, and
Other Service Infrastructure-building Activities; and Special
Activities. The precise activities that are allowable under each area
are specified in parts 2531-2533. Given the limited resources that will
be allotted to these activities (the Corporation anticipates the
availability of $15 million in fiscal year 1994), the Corporation may
exercise its statutory authority to set priorities that will limit the
categories of activities that will be eligible for funding. If the
Corporation chooses to establish such priorities for fiscal year 1994,
it will seek to concentrate funds on those activities that will be most
effective and efficient in building service infrastructure.
Miscellaneous Requirements
Interested parties should be advised that because the assistance
provided under the authority of this rule constitutes Federal financial
assistance for the purposes of title VI of the Civil Rights Act of 1964
(which bars discrimination based on race, color, or national origin),
title IX of the Education Amendments of 1972 (which bars discrimination
on the basis of gender), the Rehabilitation Act of 1973 (which bars
discrimination on the basis of disability), and the Age Discrimination
Act of 1975 (which bars discrimination on the basis of age), grantees
will be required to comply with the aforementioned provisions of
Federal law.
Grant recipients will be expected to expend Corporation grants in a
judicious and reasonable manner, consistent with pertinent provisions
of Federal law and regulations. Grantees must keep records according to
Corporation guidelines, including records that fully disclose the
amount and disposition of the proceeds of a Corporation grant. The
Inspector General of the Corporation (or other authorized official)
shall have access, for the purpose of audit and examination, to the
books and records of grantees that may be related or pertinent to the
Corporation grant.
Grantees should further be advised that Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments, and Administrative Requirements for Grants and Cooperative
Agreements to other than State and Local Governments, as well as
regulations for the Privacy Act, Freedom of Information Act, Sunshine
Act, Government-wide Debarment and Suspension, and Government-wide
Requirements for Drug-Free Workplace will also be published prior to
awarding grants.
As required by the Regulatory Flexibility Act, it is hereby
certified that this rule will not have a significant impact on small
business entities.
The Corporation has separately submitted to the Office of
Management and Budget, under the terms of the Paperwork Reduction Act,
application packages to be used by applicants when applying for
Corporation grants. To request copies of the applications, please
contact the Corporation for National and Community Service at the
address listed above.
As required by the Paperwork Reduction Act of 1980, the Corporation
will submit the information collection requirements contained in this
rule to the Office of Management and Budget for its review (44 U.S.C.
3504(h)). The information collection requirements are needed in order
to provide assistance to parties affected by these regulations, in
accordance with statutory mandates.
(Catalog of Federal Domestic Assistance Numbers: 94.003 for State
Commissions, Alternative Administrative Entities, and Transitional
Entities; 94.004 for K-12 Service-Learning Programs; 94.005 for
Higher Education Service-Learning Programs; 94.006 for AmeriCorps
Programs; 94.007 for Investment for Quality and Innovation Programs)
List of Subjects
45 CFR Part 2510
Grant programs--social programs, Volunteers.
45 CFR Part 2513
Grant programs--social programs, Reporting and recordkeeping
requirements, Volunteers.
45 CFR Part 2515
Grant programs--social programs, Nonprofit organizations,
Volunteers.
45 CFR Part 2516
Elementary and secondary education, Grant programs--social
programs, Indians, Nonprofit organizations, Reporting and recordkeeping
requirements, Volunteers.
45 CFR Part 2517
Community development, Grant programs--social programs, Nonprofit
organizations, Reporting and recordkeeping requirements, Volunteers.
45 CFR Part 2518
Grant programs--social programs, Nonprofit organizations, Reporting
and recordkeeping requirements, Volunteers.
45 CFR Part 2519
Colleges and universities, Grant programs--social programs,
Nonprofit organizations, Reporting and recordkeeping requirements,
Volunteers.
45 CFR Part 2520
AmeriCorps, Grant programs--social programs, Volunteers.
45 CFR Part 2521
AmeriCorps, Grant programs--social programs, Volunteers.
45 CFR Part 2522
AmeriCorps, Grant programs--social programs, Reporting and
recordkeeping requirements, Volunteers.
45 CFR Part 2523
AmeriCorps, Grant programs--social programs, Volunteers.
45 CFR Part 2524
AmeriCorps, Grant programs--social programs, Technical assistance,
Volunteers.
45 CFR Part 2530
Grant programs--social programs, Volunteers.
45 CFR Part 2531
Grant programs--social programs, Volunteers.
45 CFR Part 2532
Grant programs--social programs, Volunteers, Technical assistance.
45 CFR Part 2533
Decorations, Medals, Awards, Scholarships and fellowships,
Volunteers.
45 CFR Part 2540
Administrative practice and procedure, Grant programs--social
programs, Reporting and recordkeeping requirements, Volunteers.
Dated: January 3, 1994.
Catherine Milton,
Vice President and Director of National and Community Service Programs.
Accordingly, the Corporation amends title 45, chapter XXV of the
Code of Federal Regulations by adding parts 2510, 2513, 2515 through
2524, 2530 through 2533, and 2540 to read as follows:
PART 2510--OVERALL PURPOSES AND DEFINITIONS
Sec.
2510.10 What are the purposes of the programs and activities of the
Corporation for National and Community Service?
2510.20 Definitions.
Authority: 42 U.S.C. 12501 et seq.
Sec. 2510.10 What are the purposes of the programs and activities of
the Corporation for National and Community Service?
The National and Community Service Trust Act of 1993 established
the Corporation for National and Community Service (the Corporation).
The Corporation's mission is to engage Americans of all ages and
backgrounds in community-based service. This service will address the
Nation's educational, public safety, human, and environmental needs to
achieve direct and demonstrable results. In doing so, the Corporation
will foster civic responsibility, strengthen the ties that bind us
together as a people, and provide educational opportunity for those who
make a substantial commitment to service. The Corporation will
undertake activities and provide assistance to States and other
eligible entities to support national and community service programs
and to achieve other purposes consistent with its mission.
Sec. 2510.20 Definitions.
The following definitions apply to terms used in 45 CFR parts 2510
through 2550:
Act. The term Act means the National and Community Service Act of
1990, as amended (42 U.S.C. 12501 et seq.).
Administrative costs. The term administrative costs means costs
associated with the overall administration of a Corporation program.
(1) Administrative costs include such costs as the following:
(i) Indirect costs (i.e., costs identified with two or more cost
objectives but not identified with a particular cost objective) as
described in applicable provisions of Office of Management and Budget
Circulars that relate to indirect costs.
(ii) Costs for financial, accounting, or contracting functions.
(iii) Costs for insurance that protects the entity that operates
the program.
(iv) Costs for salaries and benefits of the director and any other
administrative staff of the program.
(2) Administrative costs do not include allowable costs directly
related to program operations. These program costs include such costs
as the following:
(i) Costs for living allowances and training of participants.
(ii) Costs for staff training.
(iii) Costs for travel.
(iv) Costs related to the evaluation of the program.
(v) Costs for salaries and benefits of staff who recruit, train,
place, or supervise participants.
(3) Particular costs such as those associated with staff who
perform both administrative and program functions may be prorated
between administrative costs and costs directly related to program
operations.
Adult volunteer. The term adult volunteer means an individual, such
as an older adult, an individual with a disability, a parent, or an
employee of a business or public or private nonprofit organization,
who--
(1) Works without financial remuneration in an educational
institution to assist students or out-of-school youth; and
(2) Is beyond the age of compulsory school attendance in the State
in which the educational institution is located.
AmeriCorps. The term AmeriCorps means the combination of all
AmeriCorps programs and participants.
AmeriCorps educational award. The term AmeriCorps educational award
means a national service educational award described in section 147 of
the Act.
AmeriCorps participant. The term AmeriCorps participant means any
individual who is serving in--
(1) An AmeriCorps program;
(2) An approved AmeriCorps position; or
(3) Both.
AmeriCorps program. The term AmeriCorps program means--
(1) Any program that receives approved AmeriCorps positions;
(2) Any program that receives Corporation funds under section 121
of the Act; or
(3) Both.
Approved AmeriCorps position. The term approved AmeriCorps position
means an AmeriCorps position for which the Corporation has approved the
provision of an AmeriCorps educational award as one of the benefits to
be provided for successful service in the position.
Carry out. The term carry out, when used in connection with an
AmeriCorps program described in section 122 of the Act, means the
planning, establishment, operation, expansion, or replication of the
program.
Chief Executive Officer. The term Chief Executive Officer, except
when used to refer to the chief executive officer of a State, means the
Chief Executive Officer of the Corporation appointed under section 193
of the Act.
Community-based agency. The term community-based agency means a
private nonprofit organization (including a church or other religious
entity) that--
(1) Is representative of a community or a significant segment of a
community; and
(2) Is engaged in meeting educational, public safety, human, or
environmental community needs.
Corporation. The term Corporation means the Corporation for
National and Community Service established under section 191 of the
Act.
Economically disadvantaged. The term economically disadvantaged
means, with respect to an individual, an individual who is determined
by the Chief Executive Officer to be low-income according to the latest
available data from the Department of Commerce.
Elementary school. The term elementary school has the same meaning
given the term in section 1471(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(8)).
Indian. The term Indian means a person who is a member of an Indian
tribe, or is a `Native', as defined in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
Indian lands. The term Indian lands means any real property owned
by an Indian tribe, any real property held in trust by the United
States for an Indian or Indian tribe, and any real property held by an
Indian or Indian tribe that is subject to restrictions on alienation
imposed by the United States.
Indian tribe. The term Indian tribe means--
(1) An Indian tribe, band, nation, or other organized group or
community, including--
(i) Any Native village, as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c)), whether organized
traditionally or pursuant to the Act of June 18, 1934 (commonly known
as the `Indian Reorganization Act', 25 U.S. C. 461 et seq.); and
(ii) Any Regional Corporation or Village Corporation, as defined in
subsection (g) or (j), respectively, of section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602 (g) or (j)), that is recognized
as eligible for the special programs and services provided by the
United States under Federal law to Indians because of their status as
Indians; and
(2) Any tribal organization controlled, sanctioned, or chartered by
an entity described in paragraph (1) of this definition.
Individual with a disability. Except as provided in section 175(a)
of the Act, the term individual with a disability has the meaning given
the term in section 7(8)(B) of the Rehabilitation Act of 1973 (29
U.S.C. 706(8)(B)), and includes an individual with a physical or mental
impairment.
Infrastructure-building activities. The term infrastructure-
building activities refers to activities that increase the capacity of
organizations, programs and individuals to provide high quality service
to communities.
Institution of higher education. The term institution of higher
education has the same meaning given the term in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
Local educational agency (LEA). The term local educational agency
has the same meaning given the term in section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
National nonprofit. The term national nonprofit means any nonprofit
organization whose mission, membership, activities, or constituencies
are national in scope.
National service laws. The term national service laws means the Act
and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
seq.).
Objective. The term objective means a desired accomplishment of a
program.
Out-of-school youth. The term out-of-school youth means an
individual who--
(1) Has not attained the age of 27;
(2) Has not completed college or its equivalent; and
(3) Is not enrolled in an elementary or secondary school or
institution of higher education.
Participant. (1) The term participant means an individual enrolled
in a program that receives assistance under the Act.
(2) A participant may not be considered to be an employee of the
program in which the participant is enrolled.
Partnership program. The term partnership program means a program
through which an adult volunteer, a public or private nonprofit
organization, an institution of higher education, or a business assists
a local educational agency.
Program. The term program, unless the context otherwise requires,
and except when used as part of the term academic program, means a
program described in section 111(a) (other than a program referred to
in paragraph (3)(B) of that section), 117A(a), 119(b)(1), or 122(a) of
the Act, or in paragraph (1) or (2) of section 152(b) of the Act, or an
activity that could be funded under sections 198, 198C, or 198D of the
Act.
Program sponsor. The term program sponsor means an entity
responsible for recruiting, selecting, and training participants,
providing them benefits and support services, engaging them in regular
group activities, and placing them in projects.
Project. The term project means an activity, carried out through a
program that receives assistance under the Act, that results in a
specific identifiable service or improvement that otherwise would not
be done with existing funds, and that does not duplicate the routine
services or functions of the employer to whom participants are
assigned.
Project sponsor. The term project sponsor means an organization, or
other entity, that has been selected to provide a placement for a
participant.
Qualified individual with a disability. The term qualified
individual with a disability has the meaning given the term in section
101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12111(8)).
School-age youth. The term school-age youth means--
(1) Individuals between the ages of 5 and 17, inclusive; and
(2) Children with disabilities, as defined in section 602(a)(1) of
the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(1)),
who receive services under part B of that Act.
Secondary school. The term secondary school has the same meaning
given the term in section 1471(21) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(21)).
Service-learning. The term service-learning means a method under
which students or participants learn and develop through active
participation in thoughtfully organized service that--
(1) Is conducted in and meets the needs of a community and is
coordinated with an elementary school, secondary school, institution of
higher education, or community service program, and with the community;
(2) Helps foster civic responsibility;
(3) Is integrated into and enhances the academic curriculum of the
students or the educational components of the community service program
in which the participants are enrolled; and
(4) Includes structured time for the students and participants to
reflect on the service experience.
Service-learning coordinator. The term service-learning coordinator
means an individual trained in service-learning who identifies
community partners for LEAs; assists in designing and implementing
local partnerships service-learning programs; provides technical
assistance and information to, and facilitates the training of,
teachers; and provides other services for an LEA.
State. The term State means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands. The term also includes Palau, until the
Compact of Free Association is ratified.
State Commission. The term State Commission means a State
Commission on National and Community Service maintained by a State
pursuant to section 178 of the Act. Except when used in section 178,
the term includes an alternative administrative entity for a State
approved by the Corporation under that section to act in lieu of a
State Commission.
State educational agency (SEA). The term State educational agency
has the same meaning given that term in section 1471(23) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(23)).
Student. The term student means an individual who is enrolled in an
elementary or secondary school or institution of higher education on a
full-time or part-time basis.
Subdivision of a State. The term subdivision of a State means a
governmental unit within a State other than a unit with Statewide
responsibilities.
PART 2513--STATE PLAN: PURPOSE, APPLICATION REQUIREMENTS AND
SELECTION CRITERIA
Sec.
2513.10 Who must submit a State Plan?
2513.20 What are the purposes of a State Plan?
2513.30 What information must a State Plan contain?
2513.40 How will the State Plans be evaluated?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2513.10 Who must submit a State Plan?
The fifty States, the District of Columbia and Puerto Rico, through
a Corporation-approved State Commission, Alternative Administrative
Entity, or Transitional Entity must submit a comprehensive national and
community service plan (``State Plan'') in order to apply to the
Corporation for support under parts 2515 through 2524 of this chapter.
Sec. 2513.20 What are the purposes of a State Plan?
The purposes of the State Plan are:
(a) To set forth the State's plan for promoting national and
community service and strengthening its service infrastructure,
including how Corporation-funded programs fit into the plan;
(b) To establish specific priorities and goals that advance the
State's plan for strengthening its service program infrastructure and
to specify strategies for achieving the stated goals;
(c) To inform the Corporation of the relevant historical background
of the State's infrastructure for supporting national and community
service and other volunteer opportunities, as well as the current
status of such infrastructure;
(d) To assist the Corporation in making decisions on applications
to receive formula and competitive funding under Sec. 2521.30 of this
chapter and to assist the Corporation in assessing a State's
application for renewal funding for State administrative funds as
provided in part 2550 of this chapter; and
(e) To serve as a working document that forms the basis of on-going
dialogue between the State and the Corporation and which is subject to
modifications as circumstances require.
Sec. 2513.30 What information must a State Plan contain?
The State Plan must include the following information:
(a) An overview of a State's experience in coordinating and
supporting the network of service programs within the State that
address educational, public safety, human, and environmental needs,
including, where appropriate, a description of specific service
programs. This overview should encompass programs that have operated
independently of and/or without financial support from the State;
(b) A description of the State's priorities and vision for
strengthening the service program infrastructure, including how
programs proposed for Corporation funding fit into this vision. The
plan should also describe how State priorities relate to any national
priorities established by the Corporation;
(c) A description of the goals established to advance the State's
plan, including the strategies for achieving such goals. With respect
to technical assistance activities (if any) and programs proposed to be
funded by the Corporation, the plan should describe how such activities
and programs will be coordinated with other service programs within the
State. The plan should also describe the manner and extent to which the
proposed programs will build on existing programs, including
Corporation programs such as Serve-America, Higher Education, and
programs funded under the Domestic Volunteer Service Act and other
programs;
(d) A description of the extent to which the State entity has
coordinated its efforts with the State educational agency (SEA) in the
SEA's application for school-based service learning funds;
(e) A description of how the State reached out to a broad cross-
section of individuals and organizations to obtain their participation
in the development of the State plan, including a discussion of the
types of organizations and individuals who were actually involved in
the process and the manner and extent of their involvement; and
(f) Such other information as the Corporation may reasonably
require.
Sec. 2513.40 How will the State Plans be evaluated?
State plans will be evaluated on the basis of the following
criteria:
(a) The quality of the plan as evidenced by:
(1) The development and quality of realistic goals and objectives
for moving service ahead in the State;
(2) The extent to which proposed strategies can reasonably be
expected to accomplish stated goals;
(3) The extent of input in the development of the State plan from a
broad cross-section of individuals and organizations including
community-based agencies; organizations with a demonstrated record of
providing educational, public safety, human, or environmental services;
residents of the State, including youth and other prospective
participants, State Education Agencies; traditional service
organizations; and labor unions;
(b) The sustainability of the national service efforts outlined in
the plan, as evidenced by the extent to which they are supported by:
(1) The State, through financial, in-kind and bi-partisan political
support, including the existence of supportive legislation; and
(2) Other support, including the financial, in-kind and other
support of the private sector, foundations, and other entities and
individuals; and
(c) Such other criteria as the Corporation deems necessary.
PART 2515--SERVICE-LEARNING PROGRAM PURPOSES AND DEFINITIONS
Sec.
2515.10 What are the service-learning programs of the Corporation
for National and Community Service?
2515.20 What definitions apply to service-learning programs?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2515.10 What are the service-learning programs of the Corporation
for National and Community Service?
(a) There are three service-learning programs:
(1) School-based programs, described in part 2516 of this chapter.
(2) Community-based programs, described in part 2517 of this
chapter.
(3) Higher education programs, described in part 2519 of this
chapter.
(b) Each program gives participants the opportunity to learn and
develop their own capabilities through service-learning, while
addressing needs in the community.
Sec. 2515.20 What definitions apply to service-learning programs?
In addition to the definitions in Sec. 2510.20 of this chapter, the
following definitions apply to terms used in parts 2515 through 2519 of
this chapter.
Grantmaking entity. (1) For school-based programs, the term
grantmaking entity means a public or private nonprofit organization
experienced in service-learning that--
(i) Submits an application to make grants for school-based service-
learning programs; and
(ii) Was in existence at least one year before the date on which
the organization submitted the application.
(2) For community-based programs, the term grantmaking entity means
a qualified organization that--
(i) Submits an application to make grants to qualified
organizations to implement, operate, expand, or replicate community-
based service programs that provide for educational, public safety,
human, or environmental service by school-age youth in two or more
States; and
(ii) Was in existence at least one year before the date on which
the organization submitted the application.
Partnership. The term partnership means an organization comprised
of two or more entities that have entered into a written agreement
specifying the responsibilities of each partner with respect to a
service-learning program.
Qualified organization. The term qualified organization means a
public or private nonprofit organization, other than a grantmaking
entity, that--
(1) Has experience in working with school-age youth; and
(2) Was in existence at least one year before the date on which the
organization submitted an application for a service-learning program.
U.S. Territory. The term U.S. Territory means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and Palua, until the Compact of Free Association with Palau is
ratified.
PART 2516--SCHOOL-BASED SERVICE-LEARNING PROGRAMS
Subpart A--Eligibility to Apply
Sec.
2516.100 Who may apply for a direct grant from the Corporation?
2516.110 Who may apply for a subgrant from a Corporation grantee?
Subpart B--Use of Grant Funds
2516.200 How may grant funds be used?
Subpart C--Eligibility to Participate
2516.300 Who may participate in a school-based service-learning
program?
2516.310 May private school students participate?
Subpart D--Application Contents
2516.400 What must a State or Indian tribe include in an
application for a grant?
2516.410 What must a grantmaking entity, local partnership, or LEA
include in an application for a grant?
2516.420 What must an LEA, local partnership, or qualified
organization include in an application for a subgrant?
Subpart E--Application Review
2516.500 How does the Corporation review the merits of an
application?
2516.510 What happens if the Corporation rejects a State's
application for an allotment grant?
2516.520 How does a State, Indian tribe, or grantmaking entity
review the merits of an application?
Subpart F--Distribution of Funds
2516.600 How are funds for school-based service-learning programs
distributed?
Subpart G--Funding Requirements
2516.700 Are matching funds required?
2516.710 Are there limits on the use of funds?
2516.720 What is the length of each type of grant?
2516.730 May an applicant submit multiple applications for the same
project?
Subpart H--Monitoring and Evaluation Requirements
2516.800 What are the purposes of monitoring and evaluation?
2516.810 By what standards will service-learning programs be
evaluated?
2516.820 What must grantees and subgrantees do to monitor and
evaluate the effectiveness of their programs?
2516.830 What must a Corporation grantee do to monitor and evaluate
the effectiveness of the programs of its subgrantees?
2516.840 Must grantees or subgrantees perform independent
evaluations?
2516.850 What will the Corporation do to evaluate the overall
success of the service-learning program?
2516.860 Will information on individual participants be kept
confidential?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Eligibility to Apply
Sec. 2516.100 Who may apply for a direct grant from the Corporation?
(a) The following entities may apply for a direct grant from the
Corporation:
(1) A State, through a State educational agency (SEA) as defined in
Sec. 2510.20 of this chapter. For the purpose of this part, ``State''
means one of the 50 States, the District of Columbia, the Commonwealth
of Puerto Rico, and, except for the purpose of Sec. 2516.600 (b), U.S.
Territories.
(2) An Indian tribe.
(3) A U.S. Territory as defined in Sec. 2515.20 of this chapter.
(4) A grantmaking entity as defined in Sec. 2515.20 of this
chapter.
(5) For activities in a nonparticipating State, a local educational
agency (LEA) as defined in Sec. 2510.20 of this chapter or a local
partnership as described in Sec. 2516.110.
(b) The types of grants for which each entity is eligible are
described in Sec. 2516.200.
Sec. 2516.110 Who may apply for a subgrant from a Corporation grantee?
Entities that may apply for a subgrant from a State, Indian tribe,
or grantmaking entity are:
(a) An LEA, for a grant from a State for planning school-based
service-learning programs.
(b) A local partnership, for a grant from a State or a grantmaking
entity to implement, operate, or expand a school-based service learning
program.
(1) The partnership must include an LEA and one or more community
partners. The partnership may include a private for-profit business or
private elementary or secondary school.
(2) The community partners must include a public or private
nonprofit organization that has demonstrated expertise in the provision
of services to meet educational, public safety, human, or environmental
needs; was in existence at least one year before the date on which the
organization submitted an application under this part; and will make
projects available for participants, who must be students.
(c) A local partnership, for a grant from a State or a grantmaking
entity to implement, operate, or expand an adult volunteer program. The
partnership must include an LEA and one or more public or private
nonprofit organizations, other educational agencies, or private for-
profit businesses.
(d) A qualified organization as defined in Sec. 2515.20 of this
chapter, for a grant from a State or Indian tribe for planning or
building the capacity of the State or Indian tribe.
Subpart B--Use of Grant Funds
Sec. 2516.200 How may grant funds be used?
Funds under a school-based service-learning grant may be used for
the purposes described in this section.
(a) Planning and capacity-building for States and Indian tribes.
(1) A State or Indian tribe may use funds to pay for planning and
building its capacity to implement school-based service-learning
programs. These entities may use funds either directly or through
subgrants or contracts with qualified organizations.
(2) Authorized activities include the following:
(i) Providing training for teachers, supervisors, personnel from
community-based agencies (particularly with regard to the utilization
of participants) and trainers, conducted by qualified individuals or
organizations experienced in service-learning.
(ii) Developing service-learning curricula to be integrated into
academic programs, including the age-appropriate learning components
for students to analyze and apply their service experiences.
(iii) Forming local partnerships described in Sec. 2516.110 to
develop school-based service-learning programs in accordance with this
part.
(iv) Devising appropriate methods for research and evaluation of
the educational value of service-learning and the effect of service-
learning activities on communities.
(v) Establishing effective outreach and dissemination of
information to ensure the broadest possible involvement of community-
based agencies with demonstrated effectiveness in working with school-
age youth in their communities.
(b) Implementing, operating, and expanding programs. (1) A State or
grantmaking entity may use funds to make subgrants to local
partnerships described in Sec. 2516.110(b) to implement, operate, or
expand school-based service-learning programs.
(2) If a State does not submit an application that meets the
requirements for an allotment grant under Sec. 2516.400, the
Corporation may use the allotment to fund applications from those local
partnerships for programs in that State.
(3) A grantmaking entity may use funds to provide technical
assistance and training to appropriate persons relating to its
subgrants.
(c) Planning programs. (1) A State may use funds to make subgrants
to LEAs for planning school-based service-learning programs.
(2) If a State does not submit an application that meets the
requirements for an allotment grant under Sec. 2516.400, the
Corporation may use the allotment to fund applications from LEAs for
planning programs in that State.
(3) Authorized activities include paying the costs of--
(i) The salaries and benefits of service-learning coordinators as
defined in Sec. 2510.20 of this chapter; and
(ii) The recruitment, training, supervision, and placement of
service-learning coordinators who are participants in an AmeriCorps
program described in parts 2520 through 2524 of this chapter or who
receive AmeriCorps educational awards.
(d) Adult volunteer programs. (1) A State, Indian tribe, U.S.
territory, or grantmaking entity may use funds to make subgrants to
local partnerships described in Sec. 2516.110(c) to implement, operate,
or expand school-based programs involving adult volunteers to utilize
service-learning to improve the education of students.
(2) If a State does not submit an application that meets the
requirements for an allotment grant under Sec. 2516.400, the
Corporation may use the allotment to fund applications from those local
partnerships for adult volunteer programs in that State.
(e) Planning by Indian tribes and U.S. Territories. If the
Corporation makes a grant to an Indian tribe or a U.S. Territory to
plan school-based service-learning programs, the grantee may use the
funds for that purpose.
(f) Allowable expenses. An LEA, local partnership, or qualified
organization may use funds under this part for the Corporation share of
reasonable costs related to the supervision of participants, program
administration, transportation, insurance, evaluations, and other
reasonable expenses related to the funded activities.
Subpart C--Eligibility To Participate
Sec. 2516.300 Who may participate in a school-based service-learning
program?
Students who are enrolled in elementary or secondary schools on a
full-time or part-time basis may participate in school-based programs.
Sec. 2516.310 May private school students participate?
(a) Yes. To the extent consistent with the number of students in
the State or Indian tribe or in the school district of the LEA involved
who are enrolled in private nonprofit elementary or secondary schools,
the State, Indian tribe, or LEA must (after consultation with
appropriate private school representatives) make provision--
(1) For the inclusion of services and arrangements for the benefit
of those students so as to allow for the equitable participation of the
students in the programs under this part; and
(2) For the training of the teachers of those students so as to
allow for the equitable participation of those teachers in the programs
under this part.
(b)(1) If a State, Indian tribe, or LEA is prohibited by law from
providing for the participation of students or teachers from private
nonprofit schools as required by paragraph (a) of this section, or if
the Corporation determines that a State, Indian tribe, or LEA
substantially fails or is unwilling to provide for their participation
on an equitable basis, the Corporation will waive those requirements
and arrange for the provision of services to the students and teachers.
(2) Waivers will be subject to the consultation, withholding,
notice, and judicial review requirements of section 1017(b) (3) and (4)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2727(b)).
Subpart D--Application Contents
Sec. 2516.400 What must a State or Indian tribe include in an
application for a grant?
In order to apply for a grant from the Corporation under this part,
a State (SEA) or Indian tribe must submit the following:
(a) A three-year strategic plan, or a revision of a previously
approved three-year strategic plan, for promoting service-learning
through programs under this part. The application of a SEA must include
a description of how the SEA will coordinate its service-learning plan
with the State Plan under part 2513 of this chapter and with other
federally-assisted activities.
(b) A proposal containing the specific program, budget, and other
information specified by the Corporation in the grant application
package.
(c) Assurances that the applicant will--
(1) Keep such records and provide such information to the
Corporation with respect to the programs as may be required for fiscal
audits and program evaluation; and
(2) Comply with the nonduplication, nondisplacement, and grievance
procedure requirements of part 2540 of this chapter.
Sec. 2516.410 What must a grantmaking entity, local partnership, or
LEA include in an application for a grant?
In order to apply to the Corporation for a grant, a grantmaking
entity, local partnership, or LEA must submit the following:
(a) A detailed description of the proposed program goals and
activities. The application of a grantmaking entity must include--
(1) A description of how the applicant will coordinate its
activities with the State Plan under part 2513 of this chapter and with
other federally-assisted activities; and
(2) A description of how the program will be carried out in more
than one State.
(b) The specific program, budget, and other information specified
by the Corporation in the grant application package.
(c) Assurances that the applicant will--
(1) Keep such records and provide such information to the
Corporation with respect to the program as may be required for fiscal
audits and program evaluation;
(2) Prior to the placement of a participant, consult with the
appropriate local labor organization, if any, representing employees in
the area who are engaged in the same or similar work as that proposed
to be carried out by the program, to prevent the displacement and
protect the rights of those employees;
(3) Develop an age-appropriate learning component for participants
in the program that includes a chance for participants to analyze and
apply their service experiences; and
(4) Comply with the nonduplication, nondisplacement, and grievance
procedure requirements of part 2540 of this chapter.
(d) For a local partnership, an assurance that the LEA will serve
as the partnerships fiscal agent.
Sec. 2516.420 What must an LEA, local partnership, or qualified
organization include in an application for a subgrant?
In order to apply for a subgrant from an SEA, Indian tribe, or
grantmaking entity under this part, an applicant must include the
information required by the Corporation grantee.
Subpart E--Application Review
Sec. 2516.500 How does the Corporation review the merits of an
application?
(a) In reviewing the merits of an application submitted to the
Corporation under this part, the Corporation evaluates the quality,
innovation, replicability, and sustainability of the proposal on the
basis of the following criteria:
(1) Quality, as indicated by the extent to which--
(i) The program will provide productive meaningful, educational
experiences that incorporate service-learning methods;
(ii) The program will meet community needs and involve individuals
from diverse backgrounds (including economically disadvantaged youth)
who will serve together to explore the root causes of community
problems;
(iii) The principal leaders of the program will be well qualified
for their responsibilities;
(iv) The program has sound plans and processes for training,
technical assistance, supervision, quality control, evaluation,
administration, and other key activities; and
(v) The program will advance knowledge about how to do effective
and innovative community service and service-learning and enhance the
broader elementary and secondary education field.
(2) Replicability, as indicated by the extent to which the program
will assist others in learning from experience and replicating the
approach of the program.
(3) Sustainability, as indicated by the extent to which--
(i) An SEA or grantmaking entity applicant demonstrates the ability
and willingness to coordinate its activities with the State Plan under
part 2513 of this chapter and with other federally assisted activities;
(ii) The program will foster collaborative efforts among local
educational agencies, local government agencies, community based
agencies, businesses, and State agencies;
(iii) The program will enjoy strong, broad-based community support;
and
(iv) There is evidence that financial resources will be available
to continue the program after the expiration of the grant.
(b) The Corporation also gives priority to proposals that--
(1) Involve participants in the design and operation of the
program;
(2) Reflect the greatest need for assistance, such as programs
targeting low-income areas;
(3) Involve students from public and private schools serving
together;
(4) Involve students of different ages, races, genders,
ethnicities, abilities and disabilities, or economic backgrounds,
serving together;
(5) Are integrated into the academic program of the participants;
(6) Best represent the potential of service-learning as a vehicle
for education reform and school-to-work transition;
(7) Develop civic responsibility and leadership skills and
qualities in participants;
(8) Demonstrate the ability to achieve the goals of this part on
the basis of the proposal's quality, innovation, replicability, and
sustainability; or
(9) Address any other priority established by the Corporation for a
particular period.
(c) In reviewing applications submitted by Indian tribes and U.S.
Territories, the Corporation--
(1) May decide to approve only planning of school-based service-
learning programs; and
(2) Will set the amounts of grants in accordance with the
respective needs of applicants.
Sec. 2516.510 What happens if the Corporation rejects a State's
application for an allotment grant?
If the Corporation rejects a State's application for an allotment
grant under Sec. 2516.600 (b)(2) the Corporation will--
(a) Promptly notify the State of the reasons for the rejection;
(b) Provide the State with a reasonable opportunity to revise and
resubmit the application;
(c) Provide technical assistance, if necessary; and
(d) Promptly reconsider the resubmitted application and make a
decision.
Sec. 2516.520 How does a State, Indian tribe, or grantmaking entity
review the merits of an application?
In reviewing the merits of an application for a subgrant under this
part, a Corporation grantee must use the criteria and priorities in
Sec. 2516.500.
Subpart F--Distribution of Funds
Sec. 2516.600 How are funds for school-based service-learning programs
distributed?
(a) Of the amounts appropriated to carry out this part for any
fiscal year, the Corporation will reserve not more than three percent
for grants to Indian tribes and U.S. Territories to be allotted in
accordance with their respective needs.
(b) The Corporation will use the remainder of the funds
appropriated as follows:
(1) Competitive Grants. From 25 percent of the remainder, the
Corporation may make grants on a competitive basis to States, Indian
tribes, or grantmaking entities.
(2) Allotments to States. (i) From 37.5 percent of the remainder,
the Corporation will allot to each State an amount that bears the same
ratio to 37.5 percent of the remainder as the number of school-age
youth in the State bears to the total number of school-age youth of all
States.
(ii) From 37.5 percent of the remainder, the Corporation will allot
to each State an amount that bears the same ratio to 37.5 percent of
the remainder as the allocation to the State for the previous fiscal
year under Chapter 1 of Title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2711 et seq.) bears to the allocations
to all States.
(iii) Notwithstanding other provisions of paragraph (b)(2) of this
section, no State will receive an allotment that is less than the
allotment the State received for fiscal year 1993 from the Commission
on National and Community Service. If the amount of funds made
available in a fiscal year is insufficient to make those allotments,
the Corporation will make additional funds available from the 25
percent described in paragraph (b)(1) of this section for that fiscal
year to make those allotments.
(3) For the purpose of paragraph (b) of this section, ``State''
means one of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(c) If a State or Indian tribe does not submit an application that
meets the requirements for approval under this part, the Corporation
(after making any grants to local partnerships or LEAs for activities
in nonparticipating States) may use its allotment for States and Indian
tribes with approved applications, as the Corporation determines
appropriate.
(d) Notwithstanding other provisions of this section, if less than
$20,000,000 is made available in any fiscal year to carry out this
part, the Corporation will make all grants to States and Indian tribes
on a competitive basis.
Subpart G--Funding Requirements
Sec. 2516.700 Are matching funds required?
(a) Yes. The Corporation share of the cost of carrying out a
program funded under this part may not exceed--
(1) Ninety percent of the total cost for the first year for which
the program receives assistance;
(2) Eighty percent of the total cost for the second year;
(3) Seventy percent of the total cost for the third year; and
(4) Fifty percent of the total cost for the fourth year and any
subsequent year.
(b) In providing for the remaining share of the cost of carrying
out a program, each recipient of assistance must provide for that share
through a payment in cash or in kind, fairly evaluated, including
facilities, equipment, or services, and may provide for that share
through State sources, local sources, or Federal sources (other than
funds made available under the national service laws).
(c) However, the Corporation may waive the requirements of
paragraph (b) of this section in whole or in part with respect to any
program in any fiscal year if the Corporation determines that the
waiver would be equitable due to a lack of available financial
resources at the local level.
Sec. 2516.710 Are there limits on the use of funds?
Yes. The following limits apply to funds made available under this
part:
(a)(1) The recipient of a direct grant from the Corporation may
spend no more than five percent of the grant funds on administrative
costs for any fiscal year.
(2) If a Corporation grantee makes a subgrant to an entity to carry
out a service-learning program, the Corporation grantee may determine
how the allowable administrative costs will be distributed between
itself and the subgrantee.
(b)(1) An SEA or Indian tribe must spend between ten and 15 percent
of the grant to build capacity through training, technical assistance,
curriculum development, and coordination activities.
(2) However, the Corporation may waive this requirement in order to
permit an SEA or a tribe to use between ten percent and 20 percent of
the grant funds to build capacity. To be eligible to receive the
waiver, the SEA or tribe must submit an application to the Corporation.
(c) Funds made available under this part may not be used to pay any
stipend, allowance, or other financial support to any participant in a
service-learning program under this part or part 2517 or 2519 of this
chapter except reimbursement for transportation, meals, and other
reasonable out-of-pocket expenses directly related to participation in
a program assisted under this part.
Sec. 2516.720 What is the length of each type of grant?
(a) One year is the maximum length of--
(1) A planning grant under Sec. 2516.200 (a), (c) or (f); and
(2) A grant to a local partnership for activities in a
nonparticipating State under Sec. 2516.200 (b) and (d).
(b) All other grants are for a period of up to three years, subject
to satisfactory performance and annual appropriations.
Sec. 2516.730 May an applicant submit multiple applications for the
same project?
No. The Corporation will reject an application if the application
describes a project proposed to be conducted using assistance requested
by the applicant and the project is already described in another
application pending before the Corporation.
Subpart H--Monitoring and Evaluation Requirements
Sec. 2516.800 What are the purposes of monitoring and evaluation?
(a) Monitoring is a continuous effort to assess performance and
improve quality. Evaluation is an assessment of program effectiveness
and outcomes at the end of a given period of time.
(b) Every monitoring and evaluation requirement serves one or more
of the following purposes:
(1) Ensuring quality programs.
(2) Examining the benefits of national and community service.
(3) Fulfilling legislative requirements.
Sec. 2516.810 By what standards will service-learning programs be
evaluated?
The Corporation will evaluate programs based on the following:
(a) The extent to which the program meets the objectives
established and agreed to by the grantee and the Corporation before the
grant award.
(b) The extent to which the program is cost-effective.
(c) Other criteria as determined and published by the Corporation.
Sec. 2516.820 What must grantees and subgrantees do to monitor and
evaluate the effectiveness of their programs?
Grantees and subgrantees must undertake the following activities:
(a) Monitor management effectiveness, the quality of services
provided, and the satisfaction of both participants and service
recipients. Monitoring should be a continuous process, allowing for
frequent feedback and quick correction of weaknesses. Monitoring
approaches such as community advisory councils, participant advisory
councils, peer reviews, quality control inspections, and service
recipient and participant surveys are encouraged.
(b) Track progress toward pre-established objectives. Objectives
must be established by programs and approved by the Corporation.
Programs must submit to the Corporation (or the Corporation grantee as
applicable) periodic performance reports and, as part of an annual
report, an annual performance report.
(c) Collect and submit to the Corporation (through the Corporation
grantee as applicable) the following data:
(1) The total number of participants in each program and basic
demographic characteristics of the participants including sex, age,
economic background, education level, ethnic group, disability
classification, and geographic region.
(2) Other information as required by the Corporation.
Sec. 2516.830 What must a Corporation grantee do to monitor and
evaluate the effectiveness of the programs of its subgrantees?
A Corporation grantee that makes subgrants must undertake the
following activities:
(a) Ensure that subgrantees comply with the requirements of
Sec. 2516.820.
(b) Track program performance in terms of progress toward pre-
established objectives; ensure that corrective action is taken when
necessary; and submit to the Corporation periodic performance reports
and, as part of an annual report, an annual performance report for each
subgrantee.
(c) Collect from programs and submit to the Corporation the
descriptive information required in Sec. 2516.820(c)(1).
Sec. 2516.840 Must grantees or subgrantees perform independent
evaluations?
No. An independent evaluation is not required but is permissible.
Sec. 2516.850 What will the Corporation do to evaluate the overall
success of the service-learning program?
(a) The Corporation will conduct independent evaluations. These
evaluations will consider the opinions of participants and members of
the communities where services are delivered. If appropriate, these
evaluations will compare participants with individuals who have not
participated in service-learning programs. These evaluations will--
(1) Study the extent to which service-learning programs as a whole
affect the involved communities;
(2) Determine the extent to which service-learning programs as a
whole increase academic learning of participants, enhance civic
education, and foster continued community involvement; and
(3) Determine the effectiveness of different program models.
(b) The Corporation will also determine by June 30, 1995, whether
outcomes of service-learning programs are defined and measured
appropriately, and the implications of the results from such a study
for authorized funding levels.
Sec. 2516.860 Will information on individual participants be kept
confidential?
(a) Yes. The Corporation will maintain the confidentiality of
information regarding individual participants that is acquired for the
purpose of the evaluations described in Sec. 2516.850. The Corporation
will disclose individual participant information only with the prior
written consent of the participant. However, the Corporation may
disclose aggregate participant information.
(b) Grantees and subgrantees under this part must comply with the
provisions of paragraph (a) of this section.
PART 2517--COMMUNITY-BASED SERVICE-LEARNING PROGRAMS
Subpart A--Grant Applications
Sec.
2517.100 Who may apply for a direct grant from the Corporation?
2517.110 Who may apply for a subgrant from a Corporation grantee?
Subpart B--Use of Grant Funds
2517.200 How may grant funds be used?
Subpart C--Eligibility to Participate
2517.300 Who may participate in a community-based service-learning
program?
Subpart D--Application Contents
2517.400 What must a State Commission or grantmaking entity include
in an application for a grant?
2517.410 What must a qualified organization include in an
application for a grant or a subgrant?
Subpart E--Application Review
2517.500 How is an application evaluated?
Subpart F--Distribution of Funds
2517.600 How are funds for community-based service-learning
programs distributed?
Subpart G--Funding Requirements
2517.700 Are matching funds required?
2517.710 Are there limits on the use of funds?
2517.720 What is the length of a grant?
2517.730 May an applicant submit multiple applications for the same
project?
Subpart H--Evaluation and Monitoring Requirements
2517.800 What are the evaluation and monitoring requirements for
community-based programs?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Grant Applications
Sec. 2517.100 Who may apply for a direct grant from the Corporation?
(a) The following entities may apply for a direct grant from the
Corporation:
(1) A State Commission established under part 2550 of this chapter.
(2) A grantmaking entity as defined in Sec. 2515.20 of this
chapter.
(3) A qualified organization as defined in Sec. 2515.20 of this
chapter.
(b) The types of grants for which each entity is eligible are
described in Sec. 2517.200 of this chapter.
Sec. 2517.110 Who may apply for a subgrant from a Corporation grantee?
Entities that may apply for a subgrant from a State Commission or
grantmaking entity are qualified organizations that have entered into a
partnership with one or more--
(a) Local educational agencies (LEAs);
(b) Other qualified organizations; or
(c) Both.
Subpart B--Use of Grant Funds
Sec. 2517.200 How may grant funds be used?
Funds under a community-based service-learning grant may be used
for the purposes described in this section.
(a) A State Commission or grantmaking entity may use funds--
(1) To make subgrants to qualified organizations described in
Sec. 2517.110 to implement, operate, expand, or replicate a community-
based service program that provides direct and demonstrable
educational, public safety, human, or environmental service by
participants, who must be school-age youth; and
(2) To provide training and technical assistance to qualified
organizations.
(b)(1) A qualified organization may use funds under a direct grant
or a subgrant to implement, operate, expand, or replicate a community-
based service program.
(2) If a qualified organization receives a direct grant, its
program must be carried out at sites in two or more States or be
particularly innovative.
Subpart C--Eligibility to Participate
Sec. 2517.300 Who may participate in a community-based service-
learning program?
School-age youth as defined in Sec. 2510.20 of this chapter may
participate in a community-based program.
Subpart D--Application Contents
Sec. 2517.400 What must a State Commission or grantmaking entity
include in an application for a grant?
(a) In order to apply for a grant from the Corporation under this
part, a State Commission or a grantmaking entity must submit the
following:
(1) A three-year strategic plan for promoting service-learning
through programs under this part. The plan must identify and describe
the community-based programs proposed to be carried out during the
first year.
(2) A proposal containing the specific program, budget, and other
information specified by the Corporation in the grant application
package.
(3) A description of how activities under the grant will be
coordinated with the State Plan under part 2513 of this chapter and
with other federally-assisted activities.
(4) Assurances that the applicant will--
(i) Keep such records and provide such information to the
Corporation with respect to the programs as may be required for fiscal
audits and program evaluation;
(ii) Comply with the nonduplication, nondisplacement, and grievance
procedure requirements of part 2540 of this chapter; and
(iii) Ensure that, prior to placing a participant in a program, the
entity carrying out the program will consult with the appropriate local
labor organization, if any, representing employees in the area in which
the program will be carried out that are engaged in the same or similar
work as the work proposed to be carried out by the program, to prevent
the displacement of those employees.
(b) In addition, a grantmaking entity must submit information
demonstrating that the entity will make grants for a program--
(1) To carry out activities in two or more States, under
circumstances in which those activities can be carried out more
efficiently through one program than through two or more programs; and
(2) To carry out the same activities, such as training activities
or activities related to exchanging information on service experiences,
through each of the projects assisted through the program.
Sec. 2517.410 What must a qualified organization include in an
application for a grant or a subgrant?
(a) In order to apply to the Corporation for a direct grant, a
qualified organization must submit the following:
(1) A three-year plan describing the goals and activities of the
proposed program;
(2) The specific program, budget, and other information specified
by the Corporation in the grant application package; and
(3) Assurances that the applicant will--
(i) Keep such records and provide such information to the
Corporation with respect to the program as may be required for fiscal
audits and program evaluation;
(ii) Comply with the nonduplication, nondisplacement, and grievance
procedure requirements of part 2540 of this chapter; and
(iii) Prior to placing a participant in the program, consult with
the appropriate local labor organization, if any, representing
employees in the area in which the program will be carried out who are
engaged in the same or similar work as the work proposed to be carried
out by the program, to prevent the displacement of those employees.
(b) In order to apply to a State Commission or a grantmaking entity
for a subgrant, a qualified organization must submit the following:
(1) A plan describing the goals and activities of the proposed
program; and
(2) Such specific program, budget, and other information as the
Commission or entity reasonably requires.
Subpart E--Application Review
Sec. 2517.500 How is an application evaluated?
In evaluating an application for a grant or a subgrant, the
Corporation, a State Commission, or a grantmaking entity will apply the
following criteria:
(a) The quality of the program proposed.
(b) The innovation of, and feasibility of replicating, the program.
(c) The sustainability of the program, based on--
(1) Strong and broad-based community support;
(2) Multiple funding sources or private funding; and
(3) Coordination with the State Plan under part 2513 of this
chapter and other federally-assisted activities.
(d) The quality of the leadership of the program, past performance
of the program, and the extent to which the program builds on existing
programs.
(e) The applicant's efforts--
(1) To recruit participants from among residents of the communities
in which projects would be conducted;
(2) To ensure that the projects are open to participants of
different ages, races, genders, ethnicities, abilities and
disabilities, and economic backgrounds; and
(3) To involve participants and community residents in the design,
leadership, and operation of the program.
(f) The extent to which projects would be located in areas that
are--
(1) Empowerment zones, redevelopment areas, or other areas with
high concentrations of low-income people; or
(2) Environmentally distressed.
Subpart F--Distribution of Funds
Sec. 2517.600 How are funds for community-based service-learning
programs distributed?
All funds are distributed by the Corporation through competitive
grants.
Subpart G--Funding Requirements
Sec. 2517.700 Are matching funds required?
(a) Yes. The Corporation share of the cost of carrying out a
program funded under this part may not exceed--
(1) Ninety percent of the total cost for the first year for which
the program receives assistance;
(2) Eighty percent of the total cost for the second year;
(3) Seventy percent of the total cost for the third year; and
(4) Fifty percent of the total cost for the fourth year and any
subsequent year.
(b) In providing for the remaining share of the cost of carrying
out a program, each recipient of assistance must provide for that share
through a payment in cash or in kind, fairly evaluated, including
facilities, equipment, or services, and may provide for that share
through State sources, local sources, or Federal sources (other than
funds made available under the national service laws).
(c) However, the Corporation may waive the requirements of
paragraph (b) of this section in whole or in part with respect to any
program in any fiscal year if the Corporation determines that the
waiver would be equitable due to lack of available financial resources
at the local level.
Sec. 2517.710 Are there limits on the use of funds?
Yes. The following limits apply to funds made available under this
part:
(a)(1) The recipient of a direct grant from the Corporation may
spend no more than five percent of the grant funds on administrative
costs for any fiscal year.
(2) If a Corporation grantee makes a subgrant to an entity to carry
out a service-learning program, the Corporation grantee may determine
how the allowable administrative costs will be distributed between
itself and the subgrantee.
(b) Funds made available under this part may not be used to pay any
stipend, allowance, or other financial support to any participant in a
service-learning program under this part or part 2516 or 2519 of this
chapter except reimbursement for transportation, meals, and other
reasonable out-of-pocket expenses directly related to participation in
a program assisted under this part.
Sec. 2517.720 What is the length of a grant?
A grant under this part is for a period of up to three years,
subject to satisfactory performance and annual appropriations.
Sec. 2517.730 May an applicant submit multiple applications for the
same project?
No. The Corporation will reject an application if the application
describes a project proposed to be conducted using assistance requested
by the applicant and the project is already described in another
application pending before the Corporation.
Subpart H--Evaluation and Monitoring Requirements
Sec. 2517.800 What are the evaluation and monitoring requirements for
community-based programs?
The monitoring and evaluation requirements for recipients of grants
and subgrants under part 2516 of this chapter, relating to school-based
service-learning programs, apply to recipients under this part.
PART 2518--SERVICE-LEARNING CLEARINGHOUSE
Sec.
2518.100 What is the purpose of a Service-Learning Clearinghouse?
2518.110 What are the functions of a Service-Learning
Clearinghouse?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2518.100 What is the purpose of a Service-Learning Clearinghouse?
The Corporation will provide financial assistance, from funds
appropriated to carry out the activities listed under parts 2530
through 2533 of this chapter, to public or private nonprofit
organizations that have extensive experience with service-learning,
including use of adult volunteers to foster service-learning, to
establish a clearinghouse, which will carry out activities, either
directly or by arrangement with another such organization, with respect
to information about service-learning.
Sec. 2518.110 What are the functions of a Service-Learning
Clearinghouse?
An organization that receives assistance from funds appropriated to
carry out the activities listed under parts 2530 through 2533 of this
chapter may--
(a) Assist entities carrying out State or local service-learning
programs with needs assessments and planning;
(b) Conduct research and evaluations concerning service-learning;
(c)(1) Provide leadership development and training to State and
local service-learning program administrators, supervisors, project
sponsors, and participants; and
(2) Provide training to persons who can provide the leadership
development and training described in paragraph (c)(1) of this section;
(d) Facilitate communication among entities carrying out service-
learning programs and participants in such programs;
(e) Provide information, curriculum materials, and technical
assistance relating to planning and operation of service-learning
programs, to States and local entities eligible to receive financial
assistance under this title;
(f) Provide information regarding methods to make service-learning
programs accessible to individuals with disabilities;
(g)(1) Gather and disseminate information on successful service-
learning programs, components of such successful programs, innovative
youth skills curricula related to service-learning, and service-
learning projects; and
(2) Coordinate the activities of the Clearinghouse with appropriate
entities to avoid duplication of effort;
(h) Make recommendations to State and local entities on quality
controls to improve the quality of service-learning programs;
(i) Assist organizations in recruiting, screening, and placing
service-learning coordinators; and
(j) Carry out such other activities as the Chief Executive Officer
determines to be appropriate.
PART 2519--HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY
SERVICE
Subpart A--Purpose and Eligibility to Apply
Sec.
2519.100 What is the purpose of the Higher Education programs?
2519.110 Who may apply for a grant?
Subpart B--Use of Grant Funds
2519.200 How may grant funds be used?
Subpart C--Participant Requirements and Benefits
2519.300 Who may participate in a Higher Education program?
2519.310 Is a participant eligible to receive an AmeriCorps
educational award?
2519.320 May a program provide a stipend to a participant?
Subpart D--Application Contents
2519.400 What must an applicant include in an application for a
grant?
2519.410 Are there any limitations on the use of funds?
2519.420 How many years of assistance may an eligible applicant
seek?
Subpart E--Application Review
2519.500 How does the Corporation review the merits of an
application?
Subpart F--Distribution of Funds
2519.600 How are funds for Higher Education programs distributed?
Subpart G--Funding Requirements
2519.700 Are matching funds required?
2519.710 Are there limits on the use of funds?
2519.720 What is the length of a grant?
2519.730 May an applicant submit multiple applications for the same
project?
Subpart H--Monitoring and Evaluation Requirements
2519.800 What are the monitoring and evaluation requirements for
Higher Education programs?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Purpose and Eligibility to Apply
Sec. 2519.100 What is the purpose of the Higher Education programs?
The purpose of the higher education innovative programs for
community service is to expand participation in community service by
supporting high-quality, sustainable community service programs carried
out through institutions of higher education, acting as civic
institutions helping to meet the educational, public safety, human, and
environmental needs of neighboring communities.
Sec. 2519.110 Who may apply for a grant?
The following entities may apply for a grant from the Corporation:
(a) An institution of higher education.
(b) A consortium of institutions of higher education.
(c) A partnership comprised of one or more public or private
nonprofit organizations and one or more institutions of higher
education.
Subpart B--Use of Grant Funds
Sec. 2519.200 How may grant funds be used?
Funds under a higher education program grant may be used for the
following activities:
(a) Enabling an institution of higher education or partnership to
create or expand an organized community service program that--
(1) Engenders a sense of social responsibility and commitment to
the community in which the institution is located; and
(2) Provides projects for participants, as described in
Sec. 2519.300.
(b) Supporting student-initiated and student-designed community
service projects.
(c) Strengthening the leadership and instructional capacity of
teachers at the elementary, secondary, and postsecondary levels with
respect to service-learning by--
(1) Including service-learning as a key component of the preservice
teacher education of the institution; and
(2) Encouraging the faculty of the institution to use service-
learning methods throughout the curriculum.
(d) Facilitating the integration of community service carried out
under the grant into academic curricula, including integration of
clinical programs into the curriculum for students in professional
schools, so that students may obtain credit for their community service
projects.
(e) Supplementing the funds available to carry out work-study
programs under part C of title IV of the Higher Education Act of 1965
(42 U.S.C. 2751 et seq.) to support service-learning and community
service.
(f) Strengthening the service infrastructure within institutions of
higher education in the United States that supports service-learning
and community service.
(g) Providing for the training of teachers, prospective teachers,
related education personnel, and community leaders in the skills
necessary to develop, supervise, and organize service-learning.
Subpart C--Participant Requirements and Benefits
Sec. 2519.300 Who may participate in a Higher Education program?
Students, faculty, administration and staff of an institution, as
well as residents of the community may participate. For the purpose of
this part, the term ``student'' means an individual who is enrolled in
an institution of higher education on a full-time or part-time basis.
Sec. 2519.310 Is a participant eligible to receive an AmeriCorps
educational award?
In general, no. However, certain positions in programs funded under
this part may qualify as approved AmeriCorps positions. The Corporation
will establish eligibility requirements for these positions as a part
of the application package.
Sec. 2519.320 May a program provide a stipend to a participant?
(a) A program may provide a stipend for service activities for a
participant who is a student if the provision of stipends is reasonable
in the context of a program's design and objectives.
(1) A program may not provide a stipend to a student who is
receiving academic credit for service activities unless the service
activities require a substantial time commitment beyond that expected
for the credit earned.
(2) A participant who is earning money for service activities under
the work-study program described in Sec. 2519.200(e) may not receive an
additional stipend from funds under this part.
(b) Consistent with the AmeriCorps program requirements in
Sec. 2522.100 of this chapter, a program with participants serving in
approved full-time AmeriCorps positions must ensure the provision of a
living allowance and, if necessary, health care and child care to those
participants.
Subpart D--Application Contents
Sec. 2519.400 What must an applicant include in an application for a
grant?
In order to apply to the Corporation for a grant, an applicant must
submit the following:
(a) A plan describing the goals and activities of the proposed
program.
(b) The specific program, budget, and other information and
assurances specified by the Corporation in the grant application
package.
(c) Assurances that the applicant will--
(1) Keep such records and provide such information to the
Corporation with respect to the program as may be required for fiscal
audits and program evaluation;
(2) Comply with the nonduplication, nondisplacement, and grievance
procedure requirements of part 2540 of this chapter;
(3) Prior to the placement of a participant in the program, consult
with the appropriate local labor organization, if any, representing
employees in the area who are engaged in the same or similar work as
the work proposed to be carried out by the program, to prevent the
displacement and protect the rights of those employees; and
(4) Comply with any other assurances that the Corporation deems
necessary.
Sec. 2519.410 Are there any limitations on the use of funds?
Not more that five percent of funds awarded under this part in any
fiscal year may be used for administrative costs.
Sec. 2519.420 How many years of assistance may an eligible applicant
seek?
Grants may be for up to three years, subject to satisfactory
performance and annual appropriations.
Subpart E--Application Review
Sec. 2519.500 How does the Corporation review the merits of an
application?
(a) The Corporation will evaluate the merits of an application
submitted under this part on the basis of the quality, innovation,
replicability, and sustainability of the proposed program and such
other criteria as the Corporation establishes in an application
package.
(b) In addition, in reviewing an application submitted under this
part, the Corporation will give a proposed program increased priority
for each characteristic described in paragraphs (b)(1) through (7) of
this section. Priority programs--
(1) Demonstrate the commitment of the institution of higher
education, other than by demonstrating the commitment of its students,
to supporting the community service projects carried out under the
program;
(2) Specify how the institution will promote faculty,
administration, and staff participation in the community service
projects;
(3) Specify the manner in which the institution will provide
service to the community through organized programs, including, where
appropriate, clinical programs for students in professional schools;
(4) Describe any partnership that will participate in the community
service projects, such as a partnership comprised of the institution, a
student organization, a community-based agency, a local government
agency, or a nonprofit entity that serves or involves school-age youth
or older adults;
(5) Demonstrate community involvement in the development of the
proposal;
(6) Specify that the institution will use funds under this part to
strengthen the infrastructure in institutions of higher education; or
(7) With respect to projects involving delivery of service, specify
projects that involve leadership development of school-age youth.
(c) In addition, the Corporation may designate additional
priorities in an application package that will be used in selecting
programs.
Subpart F--Distribution of Funds
Sec. 2519.600 How are funds for Higher Education programs distributed?
All funds under this part are distributed by the Corporation
through grants.
Subpart G--Funding Requirements
Sec. 2519.700 Are matching funds required?
(a) Yes. The Corporation share of the cost of carrying out a
program funded under this part may not exceed 50 percent.
(b) In providing for the remaining share of the cost of carrying
out a program, each recipient of assistance must provide for that share
through a payment in cash or in kind, fairly evaluated, including
facilities, equipment, or services, and may provide for that share
through State sources, local sources, or Federal sources (other than
funds made available under the national service laws).
(c) However, the Corporation may waive the requirements of
paragraph (b) of this section in whole or in part with respect to any
program in any fiscal year if the Corporation determines that the
waiver would be equitable due to lack of available financial resources
at the local level.
Sec. 2519.710 Are there limits on the use of funds?
Yes. The recipient of a grant under this part may spend no more
than five percent of the grant funds for any fiscal year on
administrative costs.
Sec. 2519.720 What is the length of a grant?
A grant under this part is for a period of up to three years,
subject to satisfactory performance and annual appropriations.
Sec. 2519.730 May an applicant submit multiple applications for the
same project?
No. The Corporation will reject an application if the application
describes a project proposed to be conducted using assistance requested
by the applicant and the project is already described in another
application pending before the Corporation.
Subpart H--Monitoring and Evaluation Requirements
Sec. 2519.800 What are the monitoring and evaluation requirements for
Higher Education programs?
The monitoring and evaluation requirements for recipients of grants
and subgrants under part 2516 of this chapter, relating to school-based
service-learning programs, apply to recipients under this part.
PART 2520--PURPOSES AND DEFINITIONS: AMERICORPS PROGRAMS
Sec.
2520.10 What is the purpose of this part?
2520.20 What types of service activities are allowable for programs
supported under parts 2521 through 2524 of this chapter?
2520.30 Are there any activities that are prohibited?
2520.40 Definitions.
Authority: 42 U.S.C. 12501 et seq.
Sec. 2520.10 What is the purpose of this part?
The purpose of this part is to describe the AmeriCorps grant
program, including the manner in which eligible applicants may apply
for funding. AmeriCorps programs must address educational, public
safety, human, or environmental needs and provide AmeriCorps
educational awards to eligible participants.
Sec. 2520.20 What types of service activities are allowable for
programs supported under parts 2521 through 2524 of this chapter?
(a) The service must either provide a direct benefit to the
community where it is performed, or involve the supervision of
participants or volunteers whose service provides a direct benefit to
the community where it is performed. Moreover, the approved AmeriCorps
activities must result in a specific identifiable service or
improvement that otherwise would not be provided with existing funds or
volunteers and that does not duplicate the routine functions of workers
or displace paid employees. Programs must develop service opportunities
that are appropriate to the skill levels of participants and that
provide a demonstrable, identifiable benefit that is valued by the
community.
(b) In certain circumstances, some activities may not provide a
direct benefit to the communities in which service is performed. Such
activities may include, but are not limited to, clerical work and
research. However, a participant may engage in such activities on his
or her own time or if the performance of the activity is incidental to
the participant's provision of service that does provide a direct
benefit to the community in which the service is performed.
Sec. 2520.30 Are there any activities that are prohibited?
Yes. Some activities are prohibited altogether. Prohibited
activities may not be performed by participants in the course of their
duties, at the request of program staff, or in a manner that would
associate the activities with the AmeriCorps program or the
Corporation. These activities include:
(a) Any effort to influence legislation, as prohibited under
section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c));
(b) Organizing protests, petitions, boycotts, or strikes;
(c) Assisting, promoting or deterring union organizing;
(d) Engaging in partisan political activities, or other activities
designed to influence the outcome of an election to any public office;
(e) Engaging in religious instruction, conducting worship services,
providing instruction as part of a program that includes mandatory
religious education or worship, constructing or operating facilities
devoted to religious instruction or worship, maintaining facilities
primarily or inherently devoted to religious instruction or worship, or
engaging in any form of religious proselytization;
(f) Providing a direct benefit to--
(1) A business organized for profit;
(2) A labor union;
(3) A partisan political organization;
(4) A nonprofit organization that fails to comply with the
restrictions contained in section 501(c) of the Internal Revenue Code
of 1986; and
(5) An organization engaged in the religious activities described
in paragraph (e) of this section, unless Corporation assistance is not
used to support those religious activities; and
(g) Such other activities as the Corporation may prohibit.
Sec. 2520.40 Definitions.
AmeriCorps Program. The term AmeriCorps program means any program,
including VISTA and the National Civilian Community Corps, that
provides AmeriCorps educational awards in exchange for substantial
full-or part-time service.
PART 2521--ELIGIBLE AMERICORPS PROGRAM APPLICANTS AND TYPES OF
GRANTS AVAILABLE FOR AWARD
Sec.
2521.10 Who may apply to receive an AmeriCorps grant?
2521.20 What types of AmeriCorps program grants are available for
award?
2521.30 How will AmeriCorps program grants be awarded?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2521.10 Who may apply to receive an AmeriCorps grant?
(a) States (including Territories), subdivisions of States, Indian
tribes, public or private nonprofit organizations (including labor
organizations), and institutions of higher education are eligible to
apply for AmeriCorps grants. The Corporation may also enter into
agreements with other Federal agencies as described in part 2523 of
this chapter.
(b) In addition, eligible applicants must meet the following
specific requirements:
(1) The fifty States, the District of Columbia and Puerto Rico must
first receive Corporation authorization for the use of a State
Commission or alternative administrative or transitional entity
pursuant to 45 CFR part 2550; and
(2) Only Federal agencies that are cabinet-level departments or
independent agencies are eligible to receive an AmeriCorps grant;
bureaus, divisions, and local and regional offices of such departments
and agencies may only apply through the central department or agency.
Sec. 2521.20 What types of AmeriCorps program grants are available for
award?
The Corporation may make the following types of grants to eligible
applicants. The requirements of this section will also apply to any
State or other applicant receiving assistance under this part that
proposes to conduct a grant program using the assistance to support
other national or community service programs.
(a) Planning grants.--(1) Purpose. The purpose of a planning grant
is to assist an applicant in completing the planning necessary to
implement a sound concept that has already been developed.
(2) Eligibility. (i) States, Territories, and Federal agencies may
apply to the Corporation for planning grants.
(ii) Subdivisions of States, Indian Tribes, public or private
nonprofit organizations (including labor organizations), and
institutions of higher education may apply either to a State or
directly to the Corporation for planning grants.
(3) Duration. A planning grant will be negotiated for a term not to
exceed one year.
(b) Operational grants.--(1) Purpose. The purpose of an operational
grant is to fund an organization that is ready to implement a fully
developed plan for a new or expanded program. An operational grant may
include a short planning period if necessary to implement a program.
(2) Eligibility. (i) States, Territories and Federal agencies may
apply to the Corporation for operational grants, including AmeriCorps
educational awards.
(ii) Subdivisions of States, Indian Tribes, public or private
nonprofit organizations (including labor organizations), and
institutions of higher education may apply either to a State or
directly to the Corporation for operational grants including AmeriCorps
educational awards. The Corporation may limit the categories of
applicants eligible to apply directly to the Corporation for assistance
under this subsection consistent with its National priorities.
(3) Duration. An operational grant will be negotiated for a term
not to exceed three years. Within a three-year term, renewal funding
will be contingent upon periodic assessment of program quality,
progress to date, and availability of Congressional appropriations.
(c) AmeriCorps educational awards only.--(1) Purpose. The purpose
of these awards is to provide AmeriCorps educational awards to programs
that are not receiving or applying to the Corporation for program
assistance but that meet the criteria for approved AmeriCorps
positions, and desire to provide an AmeriCorps educational award to
participants serving in approved positions.
(2) Eligibility. (i) States and Territories may apply to the
Corporation for AmeriCorps educational awards only.
(ii) Subdivisions of States, Indian Tribes, public or private
nonprofit organizations (including labor organizations), institutions
of higher education, and Federal agencies may apply directly to the
Corporation for AmeriCorps educational awards only.
(d) Training, technical assistance and other special grants.--(1)
Purpose. The purpose of these grants is to ensure broad access to
AmeriCorps programs for all Americans, including those with
disabilities; support disaster relief efforts; assist efforts to secure
private support for programs through challenge grants; and ensure
program quality by supporting technical assistance and training
programs.
(2) Eligibility. Eligibility varies and is detailed under
``Technical Assistance and Other Special Grants.''
(3) Duration. Grants will be negotiated for a renewable term of up
to three years.
Sec. 2521.30 How will AmeriCorps program grants be awarded?
In any fiscal year, the Corporation will award AmeriCorps program
grants as follows:
(a) Grants to State applicants. (1) One-third of the funds
available under this part and a corresponding allotment of AmeriCorps
educational awards, as specified by the Corporation, will be
distributed according to a population-based formula to States
(including Puerto Rico and the District of Columbia) that have
applications approved by the Corporation.
(2) At least one-third of funds available under this part and an
appropriate number of AmeriCorps awards, as determined by the
Corporation, will be awarded to States on a competitive basis. In order
to receive these funds, a State must receive funds under paragraph
(a)(1) of this section in the same fiscal year.
(3) In making subgrants with funds awarded by formula or
competition under paragraphs (a) (1) or (2) of this section, a State
must:
(i) Provide a description of the process used to select programs
for funding including a certification that the State or other entity
used a competitive process and criteria that were consistent with the
selection criteria in Sec. 2522.410 of this chapter. In making such
competitive selections, the State must ensure the equitable allocation
within the State of assistance and approved AmeriCorps positions
provided under this subtitle to the State taking into consideration
such factors as the location of the programs applying to the State,
population density, and economic distress;
(ii) Provide a written assurance that not less than 60 percent of
the assistance provided to the State will be used to make grants in
support of AmeriCorps programs other than AmeriCorps programs supported
by the State or a State agency. The Corporation may permit a State to
deviate from this percentage if the State demonstrates that it did not
receive a sufficient number of acceptable applications; and
(iii) Ensure that a minimum of 50 percent of funds going to the
State will be used for programs that operate in the areas of need and
that place a priority on recruiting participants who are residents in
high need areas, or on Federal or other public lands. The Corporation
may waive this requirement for an individual State if at least 50
percent of the total amount of assistance to all States will be used
for such programs.
(b) Grants to applicants other than States. (1) One percent of
available funds will be distributed to the U.S. Territories\1\ that
have applications approved by the Corporation according to a
population-based formula.\2\
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\1\The United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and Palau (until such
time as the Compact of Free Association with Palau is ratified).
\2\The amount allotted as a grant to each such territory or
possession is equal to the ratio of each such Territory's population
to the population of all such territories multiplied by the amount
of the one percent set-aside.
---------------------------------------------------------------------------
(2) One percent of available funds will be reserved for
distribution to Indian tribes on a competitive basis.
(3) The Corporation will use any funds available under this part
remaining after the award of the grants described in paragraphs (a) and
(b) (1) and (2) of this section to make direct competitive grants to
subdivisions of States, Indian tribes, public or private nonprofit
organizations (including labor organizations), institutions of higher
education, and Federal agencies. No more than one-third of these
remaining funds may be awarded to Federal agencies.
(c) Allocation of AmeriCorps educational awards only. The
Corporation will determine on an annual basis the appropriate number of
educational awards to provide eligible applicants who have not applied
for program assistance.
(d) Effect States' or Territories' failure to apply. If a State or
U.S. Territory does not apply for or fails to give adequate notice of
its intent to apply for a formula-based grant as announced by the
Corporation and published in applications and the Notice of Funds
Availability, the Corporation will use the amount of that State's
allotment to make grants to eligible entities within that State or
Territory to carry out AmeriCorps programs in that State or Territory.
Any funds remaining from that State's allotment after making such
grants will be reallocated to the States, Territories, and Indian
tribes with approved AmeriCorps applications at the Corporation's
discretion.
(e) Effect of rejection of State application. If a State's
application for a formula-based grant is ultimately rejected by the
Corporation pursuant to Sec. 2522.320 of this chapter, the State's
allotment will be available for redistribution by the Corporation to
the States, Territories, and Indian Tribes with approved AmeriCorps
applications as the Corporation deems appropriate.
(f) The Corporation will make grants for training, technical
assistance and other special programs described in part 2524 of this
chapter at the Corporation's discretion.
(g) Matching funds.--(1) Requirements. In addition the matching
requirements for participant benefits specified in Sec. 2522.240(b)(5)
of this chapter, the Federal share of the cost of carrying out an
AmeriCorps program that receives the assistance under parts 2521
through 2524 of this chapter, whether the assistance is provided
directly or as a subgrant from the original recipient of the
assistance, may not exceed 75 percent of such cost.
(2) Calculation. In providing for the remaining share of the cost
of carrying out an AmeriCorps program, the program--
(i) Must provide for its share through a payment in cash or in
kind, fairly evaluated, including facilities, equipment, or services;
and
(ii) May provide for its share through State sources, local
sources, or other Federal sources (other than funds made available by
the Corporation).
(3) Waiver. The Corporation reserves the right to waive, in whole
or in part, the requirements of paragraph (g)(1) of this section.
(h) Administrative costs. (1) Grants or transfers of funds made
under this part are subject to the five percent limitation on
administrative costs specified in Sec. 2540.110 of this chapter.
(2) Rules on use. States or other grantmaking entities that make
subgrants to programs may retain no more than one-half of the five
percent maximum administrative costs allowed for each Corporation
grant.
PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
Subpart A--Minimum Requirements and Program Types
Sec.
2522.100 What are the minimum requirements that every AmeriCorps
program, regardless of type, must meet?
2522.110 What types of AmeriCorps programs are eligible to compete
for AmeriCorps grants?
Subpart B--Participant Eligibility, Requirements and Benefits
2522.200 What are the eligibility requirements for AmeriCorps
participants?
2522.210 How are AmeriCorps participants recruited and selected?
2522.220 What are the required terms of service for AmeriCorps
participants, and may they serve for more than one term?
2522.230 Under what circumstances may AmeriCorps participants be
released from completing a term of service, and what are the
consequences?
2522.240 What benefits do AmeriCorps participants serving in
approved AmeriCorps positions receive?
2522.250 What other benefits do AmeriCorps participants serving in
approved AmeriCorps positions receive?
Subpart C--Application Requirements
2522.300 What are the application requirements for AmeriCorps
program grants?
2522.310 What are the application requirements for AmeriCorps
educational awards only?
2522.320 May an applicant submit more than one application to the
Corporation for the same program at the same time?
Subpart D--Selection of AmeriCorps Programs
2522.400 How will the basic selection criteria be applied?
2522.410 What are the basic selection criteria for AmeriCorps
programs?
2522.420 Can a State's application for formula funds be rejected?
Subpart E--Monitoring and Evaluation Requirements
2522.500 What are the purposes of monitoring and evaluation?
2522.510 How will individual AmeriCorps programs be evaluated?
2522.520 What types of activities will programs be required to
undertake in order to monitor and evaluate their effectiveness?
2522.530 What types of activities will States or grantmaking
entities be required to undertake in order to monitor and evaluate
the effectiveness of their subgrantees?
2522.540 Are programs or States/grantmaking entities required to
perform independent evaluations?
2522.550 What types of activities will the Corporation be required
to undertake in order to evaluate the overall success of the
AmeriCorps programs?
2522.560 Will information on individual participants be kept
confidential?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Minimum Requirements and Program Types
Sec. 2522.100 What are the minimum requirements that every AmeriCorps
program, regardless of type, must meet?
Although a wide range of programs may be eligible to apply for and
receive support from the Corporation, all AmeriCorps programs must meet
certain minimum program requirements. These requirements apply
regardless of whether a program is supported directly by the
Corporation or through a subgrant. All AmeriCorps programs must:
(a) Address educational, public safety, human, or environmental
needs, and provide a direct and demonstrable benefit that is valued by
the community in which the service is performed;
(b) Perform projects that are designed, implemented, and evaluated
with extensive and broad-based local input, including consultation with
representatives from the community served, participants (or potential
participants) in the program, community-based agencies with a
demonstrated record of experience in providing services, and local
labor organizations representing employees of project sponsors (if such
entities exist in the area to be served by the program);
(c) Obtain, in the case of a program that also proposes to serve as
the sponsor, the written concurrence of any local labor organization
representing employees of the project sponsors who are engaged in the
same or substantially similar work as that proposed to be carried out
by the AmeriCorps participant;
(d) Establish and provide outcome objectives, including a strategy
for achieving these objectives, upon which self-assessment and
Corporation- assessment of progress can rest. Such assessment will be
used to help determine the extent to which the program has had a
positive impact:
(1) On communities and persons served by the projects performed by
the program;
(2) On participants who take part in the projects; and
(3) In such other areas as the program or Corporation may specify;
(e) Strengthen communities and encourage mutual respect and
cooperation among citizens of different races, ethnicities,
socioeconomic backgrounds, educational levels, both men and women and
individuals with disabilities;
(f) Agree to seek actively to include participants from the
communities in which projects are conducted, as well as individuals of
different races and ethnicities, socioeconomic backgrounds, educational
levels, both men and women as well as individuals with disabilities
unless a program design requires emphasizing the recruitment of
participants who share a specific characteristic or background. In no
case may a program violate the nondiscrimination, nonduplication and
nondisplacement rules governing participant selection described in part
2540 of this chapter. In addition, programs are encouraged to
establish, if consistent with the purposes of the program, an
intergenerational component that combines students, out-of-school
youths, and older adults as participants;
(g)(1) Determine the projects in which participants will serve and
establish minimum qualifications that individuals must meet to be
eligible to participate in the program; these qualifications may vary
based on the specific tasks to be performed by participants. Regardless
of the educational level or background of participants sought, programs
are encouraged to select individuals who posses leadership potential
and a commitment to the goals of the AmeriCorps program. In any case,
programs must select participants in a non-partisan, non-political,
non-discriminatory manner, ensuring fair access to participation. In
addition, programs are required to ensure that they do not displace any
existing paid employees as provided in part 2540 of this chapter. To
this end, programs may not select any prospective participant who is or
was previously employed by a prospective project sponsors within six
months of the time of enrollment in the program.
(2) In addition, all programs are required to comply with any pre-
service orientation or training period requirements established by the
Corporation to assist in the selection of motivated participants.
Finally, all programs must agree to select a percentage (to be
determined by the Corporation) of the participants for the program from
among prospective participants recruited by the Corporation or State
Commissions under part 2532 of this chapter. The Corporation may also
specify a minimum percentage of participants to be selected from the
national leadership pool established under Sec. 2522.120. The
Corporation may vary either percentage for different types of
AmeriCorps programs;
(h) Provide reasonable accommodation, including auxiliary aids and
services (as defined in section 3(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(1))) based on the individualized need of a
participant who is a qualified individual with a disability (as defined
in section 101(8) of such Act (42 U.S.C. 12111(8)). For the purpose of
complying with this provision, AmeriCorps programs may apply for
additional financial assistance from the Corporation pursuant to
Sec. 2524.50 of this chapter;
(i) Use service experiences to help participants achieve the skills
and education needed for productive, active citizenship, including the
provision, if appropriate, of structured opportunities for participants
to reflect on their service experiences. In addition, all programs must
encourage every participant who is eligible to vote to register prior
to completing a term of service;
(j) Provide participants in the program with the training, skills,
and knowledge necessary to perform the tasks required in their
respective projects, including, if appropriate, specific training in a
particular field and background information on the community, including
why the service projects are needed;
(k) Provide support services--
(1) To participants who are completing a term of service and making
the transition to other educational and career opportunities; and
(2) To those participants who are school dropouts in order to
assist them in earning the equivalent of a high school diploma;
(l) Ensure that participants serving in approved AmeriCorps
positions receive the living allowance and other benefits described in
Secs. 2521.240 through 2521.250 of this chapter, including a living
allowance and other benefits;
(m) Describe the manner in which the AmeriCorps educational awards
will be apportioned among individuals serving in the program. If a
program proposes to provide such benefits to less than 100 percent of
the participants in the program, the program must provide a compelling
rationale for determining which participants will receive the benefits
and which participants will not. AmeriCorps programs are strongly
encouraged to offer alternative post-service benefits to participants
who will not receive AmeriCorps educational awards;
(n) Agree to identify the program, through the use of logos, common
application materials, and other means, as part of a larger national
effort (to be specified by the Corporation) and to participate in other
activities such as common opening ceremonies (including the
administration of a national oath or affirmation), service days, and
conferences designed to promote a national identity for all AmeriCorps
programs and participants, including those participants not receiving
AmeriCorps educational awards. This provision does not preclude an
AmeriCorps program from continuing to use its own name as the primary
identification, or from using its name, logo, or other identifying
materials on uniforms or other items;
(o) Agree to begin operations at such times as the Corporation may
reasonably require and to comply with any restrictions the Corporation
may establish as to the length of time (subsequent to the starting
date(s) of a program) that the program may take to fill an approved
AmeriCorps position left vacant due to attrition;
(p) Prior to receiving Corporation support, comply with all
evaluation procedures specified by the Corporation, as explained in
Secs. 2522.500 through 2522.560;
(q) In the case of a program receiving funding directly from the
Corporation, consult with and coordinate activities with the State
Commission for the State in which the program operates; and
(r) Address any other requirements as specified by the Corporation.
Sec. 2522.110 What types of AmeriCorps programs are eligible to
compete for AmeriCorps grants?
Types of AmeriCorps programs eligible to compete for AmeriCorps
grants include the following:
(a) Specialized skills programs. (1) A service program that is
targeted to address specific educational, public safety, human, or
environmental needs and that--
(i) Recruits individuals with special skills or provides
specialized pre-service training to enable participants to be placed
individually or in teams in positions in which the participants can
meet such needs; and
(ii) If consistent with the purposes of the program, brings
participants together for additional training and other activities
designed to foster civic responsibility, increase the skills of
participants, and improve the quality of the service provided.
(2) A preprofessional training program in which students enrolled
in an institution of higher education--
(i) Receive training in specified fields, which may include classes
containing service-learning;
(ii) Perform service related to such training outside the classroom
during the school term and during summer or other vacation periods; and
(iii) Agree to provide service upon graduation to meet educational,
public safety, human, or environmental needs related to such training.
(3) A professional corps program that recruits and places qualified
participants in positions--
(i) As teachers, nurses and other health care providers, police
officers, early childhood development staff, engineers, or other
professionals providing service to meet educational, public safety,
human, or environmental needs in communities with an inadequate number
of such professionals;
(ii) That may include a salary in excess of the maximum living
allowance authorized in Sec. 2522.240(b)(2); and
(iii) That are sponsored by public or private nonprofit employers
who agree to pay 100 percent of the salaries and benefits (other than
any AmeriCorps educational award from the National Service Trust) of
the participants.
(b) Specialized service programs. (1) A community service program
designed to meet the needs of rural communities, using teams or
individual placements to address the development needs of rural
communities and to combat rural poverty, including health care,
education, and job training.
(2) A program that seeks to eliminate hunger in communities and
rural areas through service in projects--
(i) Involving food banks, food pantries, and nonprofit
organizations that provide food during emergencies;
(ii) Involving the gleaning of prepared and unprepared food that
would otherwise be discarded as unusable so that the usable portion of
such food may be donated to food banks, food pantries, and other
nonprofit organizations;
(iii) Seeking to address the long-term causes of hunger through
education and the delivery of appropriate services; or
(iv) Providing training in basic health, nutrition, and life skills
necessary to alleviate hunger in communities and rural areas.
(3) A program in which economically disadvantaged individuals who
are between the ages of 16 and 24 years of age, inclusive, are provided
with opportunities to perform service that, while enabling such
individuals to obtain the education and employment skills necessary to
achieve economic self-sufficiency, will help their communities meet--
(i) The housing needs of low-income families and the homeless; and
(ii) The need for community facilities in low-income areas.
(c) Community-development programs. (1) A community corps program
that meets educational, public safety, human, or environmental needs
and promotes greater community unity through the use of organized teams
of participants of varied social and economic backgrounds, skill
levels, physical and developmental capabilities, ages, ethnic
backgrounds, or genders.
(2) A program that is administered by a combination of nonprofit
organizations located in a low-income area, provides a broad range of
services to residents of such an area, is governed by a board composed
in significant part of low-income individuals, and is intended to
provide opportunities for individuals or teams of individuals to engage
in community projects in such an area that meet unaddressed community
and individual needs, including projects that would--
(i) Meet the needs of low-income children and youth aged 18 and
younger, such as providing after-school ``safe-places,'' including
schools, with opportunities for learning and recreation; or
(ii) Be directed to other important unaddressed needs in such an
area.
(d) Programs that expand service program capacity. (1) A program
that provides specialized training to individuals in service-learning
and places the individuals after such training in positions, including
positions as service-learning coordinators, to facilitate service-
learning in programs eligible for funding under Serve-America.
(2) An AmeriCorps entrepreneur program that identifies, recruits,
and trains gifted young adults of all backgrounds and assists them in
designing solutions to community problems.
(e) Campus-based programs. A campus-based program that is designed
to provide substantial service in a community during the school term
and during summer or other vacation periods through the use of--
(1) Students who are attending an institution of higher education,
including students participating in a work-study program assisted under
part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751
et seq.);
(2) Teams composed of such students; or
(3) Teams composed of a combination of such students and community
residents.
(f) Intergenerational programs. An intergenerational program that
combines students, out-of-school youths, and older adults as
participants to provide needed community services, including an
intergenerational component for other AmeriCorps programs described in
this subsection.
(g) Youth development programs. A full-time, year-round youth corps
program or full-time summer youth corps program, such as a conservation
corps or youth service corps (including youth corps programs under
subtitle I, the Public Lands Corps established under the Public Lands
Corps Act of 1993, the Urban Youth Corps established under section 106
of the National and Community Service Trust Act of 1993, and other
conservation corps or youth service corps that perform service on
Federal or other public lands or on Indian lands or Hawaiian home
lands), that:
(1) Undertakes meaningful service projects with visible public
benefits, including natural resource, urban renovation, or human
services projects;
(2) Includes as participants youths and young adults between the
ages of 16 and 25, inclusive, including out-of-school youths and other
disadvantaged youths (such as youths with limited basic skills, youths
in foster care who are becoming too old for foster care, youths of
limited English proficiency, homeless youths, and youths who are
individuals with disabilities) who are between those ages; and
(3) Provides those participants who are youths and young adults
with--
(i) Crew-based, highly structured, and adult-supervised work
experience, life skills, education, career guidance and counseling,
employment training, and support services; and
(ii) The opportunity to develop citizenship values and skills
through service to their community and the United States.
(h) Individualized placement programs. An individualized placement
program that includes regular group activities, such as leadership
training and special service projects.
(i) Other programs. Such other AmeriCorps programs addressing
educational, public safety, human, or environmental needs as the
Corporation may designate.
Subpart B--Participant Eligibility, Requirements and Benefits
Sec. 2522.200 What are the eligibility requirements for AmeriCorps
participants?
(a) An AmeriCorps participant must be 17 years of age or older at
the commencement of service (unless the participant is in a youth corps
described in Sec. 2522.110(a)(1)(ii), in which case the participant
must be between the ages of 16 and 25, inclusive).
(b) An AmeriCorps participant must either have a high school
diploma or its equivalent (including an alternative diploma or
certificate for those individuals with disabilities for whom such an
alternative diploma or certificate is appropriate) or agree to obtain a
high school diploma or its equivalent. However, if the program in which
the individual seeks to become a participant conducts an independent
evaluation demonstrating that an individual is incapable of obtaining a
high school diploma or its equivalent, the Corporation may waive this
requirement.
(c) Unless an individual is enrolled in an institution of higher
education on an ability to benefit basis and is considered eligible for
funds under section 484 of the Higher Education Act of 1965 (20 U.S.C.
1091), he or she may not have dropped out of elementary or secondary
school in order to enroll as an AmeriCorps participant.
(d) An AmeriCorps participant must be a citizen or national of the
United States or lawful permanent resident alien of the United States.
Sec. 2522.210 How are AmeriCorps participants recruited and selected?
(a) Local recruitment and selection. In general, AmeriCorps
participants will be selected locally by an approved AmeriCorps
program, and the selection criteria will vary widely among the
different programs. Nevertheless, AmeriCorps programs must select their
participants in a fair and non-discriminatory manner which complies
with part 2542 of this chapter. In selecting participants, programs
must also comply with the recruitment and selection requirements
specified in this section.
(b)(1) National and State recruitment and selection. The
Corporation and each State Commission will establish a system to
recruit individuals who desire to perform national service and to
assist the placement of these individuals in approved AmeriCorps
positions, which may include positions available under titles I and II
of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.).
The national and State recruitment and placement system will be
designed and operated according to Corporation guidelines.
(2) Dissemination of information. The Corporation and State
Commissions will disseminate information regarding available approved
AmeriCorps positions through cooperation with secondary schools,
institutions of higher education, employment service offices, State
vocational rehabilitation agencies within the meaning of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and other State
agencies that primarily serve qualified individuals with disabilities,
and other appropriate entities, particularly those organizations that
provide outreach to disadvantaged youths and youths who are qualified
individuals with disabilities.
(c) National leadership pool. (1) Selection and training. From
among individuals recruited under paragraph (b) of this section, the
Corporation may select individuals with significant leadership
potential, as determined by the Corporation, to receive special
training to enhance their leadership ability. The leadership training
will be provided by the Corporation directly or through a grant or
contract as the Corporation determines.
(2) Emphasis on certain individuals. In selecting individuals to
receive leadership training under this provision, the Corporation will
make special efforts to select individuals who have served--
(i) In the Peace Corps;
(ii) As VISTA volunteers;
(iii) As participants in AmeriCorps programs receiving assistance
under parts 2520 through 2524 of this chapter;
(iv) As participants in National Service Demonstration programs
that received assistance from the Commission on National and Community
Service; or
(v) As members of the Armed Forces of the United States and who
were honorably discharged from such service.
(3) Assignment. At the request of a program that receives
assistance, the Corporation may assign an individual who receives
leadership training under paragraph (c)(1) of this section to work with
the program in a leadership position and carry out assignments not
otherwise performed by regular participants. An individual assigned to
a program will be considered to be a participant of the program.
Sec. 2522.220 What are the required terms of service for AmeriCorps
participants, and may they serve for more than one term?
(a) Term of service. In order to be eligible for the educational
award described in Sec. 2522.240(a), participants serving in approved
AmeriCorps positions must complete a term of service as defined in this
section:
(1) Full-time service. 1,700 hours of service during a period of
not less than nine months and not more than one year.
(2) Part-time service. 900 hours of service during a period of not
more than two years, or, if the individual is enrolled in an
institution of higher education while performing all or a portion of
the service, not more than three years.
(3) Reduced part-time term of service. The Corporation may reduce
the number of hours required to be served in order to receive an
educational award for certain part-time participants serving in
approved AmeriCorps positions. In such cases, the educational award
will be reduced in direct proportion to the reduction in required hours
of service. These reductions may be made for summer programs, for
categories of participants in certain approved AmeriCorps programs and
on a case-by-case, individual basis as the Corporation deems prudent.
(b) Restriction on multiple terms. While there is no limit on the
number of terms an individual may serve in one or more AmeriCorps
program, an AmeriCorps participant may only receive the benefits
described in Secs. 2522.240 through 2522.250 for the first two
successfully-completed terms of service, regardless of whether those
terms were served on a full-, part-, or reduced part-time basis.
(c) Eligibility for second term. A participant will only be
eligible to serve a second or additional term of service if that
individual has received satisfactory performance review(s) for any
previous term(s) of service. Mere eligibility for a second or further
term of service in no way guarantees a participant selection or
placement.
(d) Participant performance review. For the purposes of determining
a participant's eligibility for a second or additional term of service
and/or for an AmeriCorps educational award, each AmeriCorps program
will evaluate the performance of a participant mid-term and upon
completion of a participants term of service. The end-of-term
performance evaluation will assess the following:
(1) Whether the participant has completed the required number of
hours described in paragraph (a) of this section;
(2) Whether the participant has satisfactorily completed
assignments, tasks or projects; and
(3) Whether the participant has met any other performance criteria
which had been clearly communicated both orally and in writing at the
beginning of the term of service.
(e) Grievance procedure. Any AmeriCorps participant wishing to
contest a program's ruling of unsatisfactory performance may file a
grievance according to the procedures set forth in part 2540 of this
chapter. If that grievance procedure or subsequent binding arbitration
procedure finds that the participant did in fact satisfactorily
complete a term of service, then that individual will be eligible to
receive an educational award and/or be eligible to serve a second term
of service.
Sec. 2522.230 Under what circumstances may AmeriCorps participants be
released from completing a term of service, and what are the
consequences?
In general, AmeriCorps programs have the authority to release
participants serving in approved AmeriCorps positions from completing a
term of service for two reasons: for compelling personal circumstances
as demonstrated by the participant or for cause.
(a) Release for compelling personal circumstances. In general,
AmeriCorps programs have the authority to define the circumstances by
which a participant may be released for compelling personal
circumstances. Programs wishing to release participants serving in
approved AmeriCorps positions may elect either--
(1) To grant the release and provide a portion of the educational
award equal to the portion of the term served; or
(2) To permit the participant to temporarily suspend performance of
the term of service for a period of up to two years (and such
additional period as the Corporation may allow for extenuating
circumstances) and, upon completion of such period, to allow the
participant to return to the program with which he or she was serving
or to a similar AmeriCorps program with the assistance of the
Corporation, in order to complete the remainder of the term of service
and obtain the entire AmeriCorps educational award.
(b) Release for cause. AmeriCorps programs have the authority to
define the circumstances by which a participant may be released for
cause, except as specified in paragraph (b)(1) of this section.
AmeriCorps programs must establish a written policy to be signed both
by the participant and the program directors that clearly states the
circumstances under which participants may be released for cause.
Examples of conduct which programs may decide constitutes grounds for
release for cause include chronic truancy, consistent failure to follow
directions, and failure to adhere to program rules and guidelines.
Under no circumstances may a participant's disability constitute
grounds for release for cause.
(1) Circumstances requiring release for cause. AmeriCorps programs
are required to release for cause any participant who is convicted of a
felony during a term of service. Any participant who is officially
charged with a violent felony (e.g., rape or homicide), or sale or
distribution of a controlled substance, or any participant convicted of
the possession of a controlled substance, will have his or her service
suspended without a living allowance and without receiving credit for
hours missed. Any individual whose service was suspended because of
being charged with a violent felony or sale or distribution of a
controlled substance may resume service if he or she is found not
guilty or if such charge is dismissed. Any individual whose service was
suspended because of being convicted of a first offense of the
possession of a controlled substance may resume service by
demonstrating that he or she has enrolled in an approved drug
rehabilitation program. A person convicted of a second or third
possession of a controlled substance may resume service by
demonstrating successful completion of a rehabilitation program.
(2) Impact of release for cause. A participant released for cause
may not receive any portion of the AmeriCorps educational award. In
addition, any individual released for cause who wishes to reapply to
the program from which he or she was released or to any other
AmeriCorps program is required to disclose the release to that program.
Failure to disclose to an AmeriCorps program any history of having been
released for cause from another AmeriCorps program will render an
individual ineligible to receive the AmeriCorps educational award,
notwithstanding whether or not that individual successfully completes
the term of service.
(3) Grievance procedure. Any AmeriCorps participant wishing to
contest a program decision to release that participant for cause may
file a grievance according to the procedures set forth in part 2540 of
this chapter. Pending the resolution of such grievance procedure, a
program may suspend the service of that participant. If the initial
grievance procedure or subsequent binding arbitration proceedings find
that there was not cause for release, the AmeriCorps program must
reinstate the participant; moreover, the program must credit the
participant with any service hours missed and pay the participant the
full amount of any living allowance the participant did not receive as
a result of such suspension. The Corporation retains the discretion to
determine whether Corporation funds may be used to pay the living
allowance withheld during a participant's suspension.
Sec. 2522.240 What benefits do AmeriCorps participants serving in
approved AmeriCorps positions receive?
(a) AmeriCorps Educational Awards. An individual serving in an
approved AmeriCorps position will receive an educational award from the
National Service Trust upon successful completion of each of up to two
terms of service as defined in Sec. 2522.220.
(b) Living allowances--(1) Amount. Subject to the provisions of
this part, any individual who participates on a full-time basis in an
AmeriCorps program carried out using assistance provided under
Sec. 2521.30 of this chapter will receive a living allowance in an
amount equal to or greater than the average annual subsistence
allowance provided to VISTA volunteers under section 105 of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955). This
requirement will not apply to any program that was in existence prior
to September 21, 1993 (the date of the enactment of the National and
Community Service Trust Act of 1993) or to any program which receives
only educational awards from the Corporation.
(2) Maximum living allowance. With the exception of a professional
corps described in Sec. 2521.110(b)(3) of this chapter, the AmeriCorps
living allowances may not exceed 200 percent of the average annual
subsistence allowance provided to VISTA volunteers under section 105 of
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955). A
professional corps AmeriCorps program may provide a stipend in excess
of the maximum, subject to the following conditions:
(i) Corporation assistance may not be used to pay for any portion
of the allowance; and
(ii) The program must be operated directly by the applicant,
selected on a competitive basis by submitting an application directly
to the Corporation, and may not be included in a State's application
for the AmeriCorps program funds distributed by formula, or competition
described in Sec. 2521.30 (a)(1) and (a)(2) of this chapter.
(3) Living allowances for part-time participants. Programs may, but
are not required to, provide living allowances to individuals
participating on a part-time basis (or a reduced term of part-time
service authorized under Sec. 2522.220(a)(3). Such living allowances
should be prorated to the living allowance authorized in paragraph
(b)(1) of this section and will comply with such restrictions therein.
(4) Waiver or reduction of living allowance. The Corporation may,
at its discretion, waive or reduce the living allowance requirements if
a program can demonstrate to the satisfaction of the Corporation that
such requirements are inconsistent with the objectives of the program,
and that participants will be able to meet the necessary and reasonable
costs of living (including food, housing, and transportation) in the
area in which the program is located.
(5) Limitation on Federal share. Excepting the provision concerning
professional corps in paragraph (b)(2)(i) of this section, the Federal
share, including Corporation and other Federal funds, may not exceed
85% of the total amount provided to an AmeriCorps participant for a
living allowance and may not exceed 85% of the minimum required living
allowance enumerated in paragraph (b)(1) of this section.
Sec. 2522.250 What other benefits do AmeriCorps participants serving
in approved AmeriCorps positions receive?
(a) Child care. Grantees must provide child care through an
eligible provider or a child care allowance in an amount determined by
the Corporation to those full-time participants who need child care in
order to participate.
(1) Need. A participant is considered to need child care in order
to participate in the program if he or she:
(i) Is the parent or legal guardian of, or is acting in loco
parentis for, a child under 13 who resides with the participant;
(ii) Has a family income that does not exceed 75 percent of the
State's median income for a family of the same size;
(iii) At the time of acceptance into the program, is not currently
receiving child care assistance from another source, including a parent
or guardian, which would continue to be provided while the participant
serves in the program; and
(iv) Certifies that he or she needs child care in order to
participate in the program.
(2) Provider eligibility. Eligible child care providers are those
who are eligible child care providers as defined in the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(5)).
(3) Child care allowance. The amount of the child care allowance
will be determined by the Corporation based on payment rates for the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(4)(A)).
(4) Federal share. The Corporation will pay 100 percent of the
child care allowance, or, if the program provides child care through an
eligible provider, the actual cost of the care or the amount of the
allowance, whichever is less.
(b) Health care. In general, grantees must provide a health care
policy meeting the minimum or alternative benefits determined by the
Corporation, to any full-time participant who is eligible for health
care benefits.
(1) Participant eligibility. A full-time participant is eligible
for health care benefits if he or she is not otherwise covered by a
health care policy providing minimum benefits established by the
Corporation at the time he or she is accepted into a program. If, as a
result of participation, or if, during the term of service, a
participant demonstrates loss of coverage through no deliberate act of
his or her own, such as parental or spousal job loss or
disqualification from Medicaid, the participant will be eligible for
health care benefits.
(2) Minimum benefits. The Corporation will determine the minimum
benefits that must be included in the policy provided to eligible
participants.
(3) Alternative benefits. A grantee may provide a health care
policy that does not include the minimum benefits if the fair market
value, as determined by the Corporation, of the proposed plan is equal
to or greater than a plan that includes the minimum benefits.
(4) Federal share. The Corporation will pay 85% of the cost of the
most affordable policy for any policy that provides minimum benefits.
The most affordable policy will be determined by the Corporation. The
Corporation will not pay any share of the cost of a policy that does
not include the minimum benefits.
Subpart C--Application Requirements
Sec. 2522.300 What are the application requirements for AmeriCorps
program grants?
All eligible applicants seeking AmeriCorps program grants must--
(a) Provide a description of the specific program(s) being
proposed, including the type of program and of how it meets the minimum
program requirements described in Sec. 2522.100; and
(b) Comply with any additional requirements as specified by the
Corporation in the application package.
Sec. 2522.310 What are the application requirements for AmeriCorps
educational awards only?
(a) Eligible applicants may apply for AmeriCorps educational awards
only for one of the following eligible service positions:
(1) A position for a participant in an AmeriCorps program that:
(i) Is carried out by an entity eligible to receive support under
part 2521 of this chapter;
(ii) Would be eligible to receive assistance under this rule, based
on criteria established by the Corporation, but has not applied for
such assistance;
(2) A position facilitating service-learning in a program described
in parts 2515 through 2519 of this chapter;
(3) A position involving service as a crew leader in a youth corps
program or a similar position supporting an AmeriCorps program; and
(4) Such other AmeriCorps positions as the Corporation considers to
be appropriate.
(b) Because programs applying only for AmeriCorps educational
awards must, by definition, meet the same basic requirements as other
approved AmeriCorps programs, applicants must comply with the same
application requirements specified in Sec. 2522.300.
Sec. 2522.320 May an applicant submit more than one application to the
Corporation for the same program at the same time?
No. The Corporation will reject a second or subsequent application
submitted if a project proposed to be conducted using assistance
requested by the applicant is included in another application already
pending before the Corporation.
Subpart D--Selection of AmeriCorps Programs
Sec. 2522.400 How will the basic selection criteria be applied?
From among the eligible programs that meet the minimum program
requirements and that have submitted applications to the Corporation,
the Corporation must select the best ones to receive funding. Although
there is a wide range of factors that must be taken into account during
the selection process, there are certain fundamental selection criteria
that apply to all programs in each grant competition, regardless of
whether they receive funding or educational awards directly or through
subgrants. States and other subgranting applicants are required to use
these criteria during the competitive selection of subgrantees. The
Corporation may adjust the relative weight given to each criterion.
(Additional and more specific criteria will be published in the
applications.)
Sec. 2522.410 What are the basic selection criteria for AmeriCorps
programs?
The Corporation will consider elements relating to the program
design and the capacity of the organization to carry it out; factors
relating to need; and whether the program contributes to meeting the
Corporation's overall goals relating to geographic, program and
participant mix. These criteria are discussed in this section.
Additional detail relating to these criteria may be published in any
notice of availability of funding.
(a) Program criteria. The Corporation will consider four factors
relating to the program design: the quality of the program proposed to
be carried out directly by the applicant or supported by a grant from
the applicant; the innovative aspects of the AmeriCorps program; the
feasibility of replicating the program; and the sustainability of the
program, based on evidence such as the existence of strong and broad-
based community support for the program and of multiple funding sources
or private funding. The Corporation will also consider an
organization's capacity to carry out the program based on--
(1) The quality of the leadership of the AmeriCorps program;
(2) The past performance of the organization or program; and
(3) The extent to which the program builds on existing programs.
(b) Need criteria. In selecting programs, the Corporation will take
into consideration the extent to which projects address State-
identified issue priorities (if the program will be funded out of
formula funds) or national priorities (if the program will be funded
out of competitive funds), and whether projects would be conducted in
areas of need.
(1) Issue priorities. In order to concentrate national efforts on
meeting certain educational, public safety, human, or environmental
needs, and to achieve the other purposes of this Act, the Corporation
will establish, and after review of the strategic plan approved by the
Board, periodically alter priorities regarding the AmeriCorps programs
that will receive assistance (funding or approved AmeriCorps positions)
and the purposes for which such assistance may be used. These
priorities will be applied to assistance provided on a competitive
basis as described in Sec. 2521.30 of this chapter, and to any
assistance provided through a subgrant of such funds.
(i) States must establish, and through the national service plan
process described in part 2513 of this chapter, periodically alter
priorities regarding the programs that will receive assistance (funding
or approved AmeriCorps positions) provided on a formula basis as
described in Sec. 2521.30(a)(1) of this chapter. The State priorities
will be subject to Corporation review as part of the application
process under part 2521 of this chapter.
(ii) The Corporation will provide advance notice to potential
applicants of any AmeriCorps priorities to be in effect for a fiscal
year. The notice will describe any alternation made in the priorities
since the previous notice. If a program receives multi-year funding
based on conformance to national or state priorities and such
priorities are altered after the first year of funding, the program
will not be adversely affected due to the change in priorities until
the term of the grant is ended.
(2) Areas of need. Areas of need are:
(i) Communities designated by the Federal government or states as
empowerment zones or redevelopment areas, targeted for special economic
incentives, or otherwise identifiable as having high concentrations of
low-income people;
(ii) Areas that are environmentally distressed;
(iii) Areas adversely affected by Federal actions related to the
management of Federal lands that result in significant regional job
losses and economic dislocation;
(iv) Areas adversely affected by reductions in defense spending or
the closure or realignment of military installations; and
(v) Areas that have an unemployment rate greater than the national
average unemployment rate for the most recent 12 months for which
satisfactory data are available.
(c) Program and participant mix criteria. The Corporation will
select programs that will help achieve participant, program type, and
geographic diversity across programs.
(d) Additional considerations. The Corporation may publish in any
notice of availability of funding additional factors that it may take
into consideration in selecting programs, including any additional
priorities applicable to any or all funds.
Sec. 2522.420 Can a State's application for formula funds be rejected?
Yes. Formula funds are not an entitlement.
(a) Notification. If the Corporation rejects an application
submitted by a State Commission under part 2550 of this chapter for
funds described in Sec. 2521.30 of this chapter, the Corporation will
promptly notify the State Commission of the reasons for the rejection
of the application.
(b) Revision. The Corporation will provide a State Commission
notified under paragraph (a) of this section with a reasonable
opportunity to revise and resubmit the application. At the request of
the State Commission, the Corporation will provide technical assistance
to the State Commission as part of the resubmission process. The
Corporation will promptly reconsider an application resubmitted under
this paragraph.
(c) Redistribution. The amount of any State's allotment under
Sec. 2521.30(a) of this chapter for a fiscal year that the Corporation
determines will not be provided for that fiscal year will be available
for redistribution by the Corporation to the States, Territories and
Indian Tribes with approved AmeriCorps applications as the Corporation
deems appropriate.
Subpart E--Monitoring and Evaluation Requirements
Sec. 2522.500 What are the purposes of monitoring and evaluation?
Monitoring is a continuous effort to assess performance and improve
quality. Evaluation is an assessment of program effectiveness and
outcomes at the end of given period of time. Every monitoring and
evaluation requirement serves one or more of the following purposes:
(a) Ensuring quality programs;
(b) Examining the benefits of national and community service; or
(c) Fulfilling legislative requirements.
Sec. 2522.510 How will individual AmeriCorps programs be evaluated?
The Corporation will evaluate programs based on the following:
(a) The extent to which the program meets the objectives
established and agreed to by the grantee and the Corporation before the
grant award;
(b) The extent to which the program is cost-effective; and
(c) The effectiveness of the program in meeting the following
legislative objectives:
(1) Providing direct and demonstrable services and projects that
benefit the community by addressing educational, public safety, human,
or environmental needs;
(2) Recruiting and enrolling diverse participants consistent with
the requirements of part 2540 of this chapter, based on economic
background, race, ethnicity, age, gender, marital status, education
levels, and disability;
(3) Promoting the educational achievement of each participant based
on earning a high school diploma or its equivalent and future
enrollment in and completion of increasingly higher levels of
education;
(4) Encouraging each participant to engage in public and community
service after completion of the program based on career choices and
participation in other service programs;
(5) Promoting an ethic of active and productive citizenship among
participants;
(6) Supplying additional volunteer assistance to community agencies
without providing more volunteers than can be effectively utilized;
(7) Providing services and activities that could not otherwise be
performed by employed workers and that will not supplant the hiring of,
or result in the displacement of, employed workers; and
(8) Other criteria determined and published by the Corporation.
Sec. 2522.520 What types of activities will programs be required to
undertake in order to monitor and evaluate their effectiveness?
Programs will be required to:
(a) Monitor management effectiveness, the quality of services
provided, and the satisfaction of both participants and persons served.
Monitoring should be a continuous process, allowing for frequent
feedback and quick correction of weaknesses. Monitoring approaches such
as community advisory councils, participant advisory councils, peer
reviews, quality control inspections, and customer and participant
surveys are encouraged;
(b) Track progress toward objectives. Objectives will be
established by programs and approved by the Corporation. Programs must
submit to the Corporation (or State or grantmaking entity as
applicable) periodic performance reports and, as part of an annual
report, an annual performance report; and
(c) Collect and submit to the Corporation (through the State or
grantmaking entity as applicable) the following data:
(1) Information on participants including the total number of
participants in the program, and the number of participants by race,
ethnicity, age, gender, economic background, education level, ethnic
group, disability classification, geographic region, and marital
status;
(2) Information on services conducted in areas classified as
empowerment zones (or redevelopment areas), in areas that are
environmentally distressed, in areas that are adversely affected by
Federal actions related to the management of Federal lands, in areas
that are adversely affected by reductions in defense spending, or in
areas that have an unemployment rate greater than the national average
unemployment rate; and
(3) Other information as required by the Corporation.
Sec. 2522.530 What types of activities will States or grantmaking
entities be required to undertake in order to monitor and evaluate the
effectiveness of their subgrantees?
In cases where a State or grantmaking entity is the direct grantee
they will be required to:
(a) Ensure that subgrantees comply with the requirements of this
subpart;
(b) Track program performance in terms of progress towards pre-
established objectives and ensure that corrective action is taken when
necessary. Submit periodic performance reports and, as part of an
annual report, an annual performance report to the Corporation for each
subgrantee; and
(c) Collect from programs and submit to the Corporation the
descriptive information required in this subpart.
Sec. 2522.540 Are programs or State/grantmaking entities required to
perform independent evaluations?
No. An independent evaluation is not required but is permissible.
Sec. 2522.550 What types of activities will the Corporation be
required to undertake in order to evaluate the overall success of the
AmeriCorps programs?
(a) The Corporation will conduct independent evaluations of
programs, including in-depth studies of selected programs. These
evaluations will consider the opinions of participants and members of
the community where services are delivered. Where appropriate these
studies will compare participants with individuals who have not
participated in service programs. These evaluations will:
(1) Study the extent to which the national service impacts involved
communities;
(2) Study the extent to which national service increases positive
attitudes among participants regarding the responsibilities of citizens
and their role in solving community problems;
(3) Determine the costs and effectiveness of different program
models in meeting program objectives including full- and part-time
programs, programs involving different types of national service,
programs using different recruitment methods, programs offering
alternative non-federally funded vouchers or post-service benefits, and
programs utilizing individual placements and teams;
(4) Determine the impact of programs in each State on the ability
of VISTA and National Senior Volunteer Corps, each regular and reserve
component of the Armed Forces, and the Peace Corps to recruit
individuals residing in that State; and
(5) Determine the levels of living allowances paid in all
AmeriCorps programs and American Conservation and Youth Corps,
individually, by State, and by region and determine the effects that
such living allowances have had on the ability of individuals to
participate in such programs.
(b) The Corporation will also determine by June 30, 1995:
(1) Whether the State and national priorities designed to meet
educational, public safety, human, or environmental needs are being
addressed;
(2) Whether the outcomes of both stipended and nonstipended service
programs are defined and measured appropriately;
(3) Whether stipended service programs, and service programs
providing educational benefits in return for service, should focus on
economically disadvantaged individuals or at risk youth, or whether
such programs should include a mix of individuals, including
individuals from middle and upper income families;
(4) The role and importance of stipends and educational benefits in
achieving desired outcomes in the service programs;
(5) The income distribution of AmeriCorps participants, to
determine the level of participation of economically disadvantaged
individuals. The total income of participants will be determined as of
the date the participant was first selected to participate in a program
and will include family total income unless the evaluating entity
determines that the participant was independent at the time of
selection. Definitions for ``independent'' and ``total income'' are
those used in section 480(a) of the Higher Education Act of 1965;
(6) The amount of assistance provided under the AmeriCorps programs
that has been expended for projects conducted in areas classified as
empowerment zones (or redevelopment areas), in areas that are
environmentally distresses or adversely affected by Federal actions
related to the management of Federal lands, in areas that are adversely
affected by reductions in defense spending, or in areas that have an
unemployment rate greater than the national average unemployment rate
for the most recent 12 months for which satisfactory data are
available; and
(7) The implications of the results of these studies as appropriate
for authorized funding levels.
Sec. 2522.560 Will information on individual participants be kept
confidential?
(a) Yes. The Corporation will maintain the confidentiality of
information regarding individual participants that is acquired for the
purpose of the evaluations described in this Sec. 2522.550. The
Corporation will disclose individual participant information only with
the prior written consent of the participant. However, the Corporation
may disclose aggregate participant information.
(b) Grantees and subgrantees that receive assistance under this
chapter must comply with the provisions of paragraph (a) of this
section.
PART 2523--AGREEMENTS WITH OTHER FEDERAL AGENCIES FOR THE PROVISION
OF AMERICORPS PROGRAM ASSISTANCE
Sec.
2523.10 Are Federal agencies eligible to apply for AmeriCorps
program grants?
2523.20 Which Federal agencies may apply for such grants?
2523.30 Must Federal agencies meet the requirements imposed on
other grantees?
2523.40 For what purposes should Federal agencies use AmeriCorps
programs grants?
2523.50 What types of grants are Federal agencies eligible to
receive?
2523.60 May Federal agencies enter into partnerships or participate
in consortia?
2523.70 Will the Corporation give special consideration to Federal
agency applications that address certain needs?
2523.80 Are there restrictions on the use of Corporation funds?
2523.90 Is there a matching requirement for Federal agencies?
2523.100 Are participants in programs operated by Federal agencies
Federal employees?
2523.110 Can Federal agencies submit multiple applications?
2523.120 Must Federal agencies consult with State Commissions?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2523.10 Are Federal agencies eligible to apply for AmeriCorps
program grants?
Yes. Federal agencies may apply for and receive AmeriCorps grants
under parts 2521 and 2522 of this chapter, and they are eligible to
receive up to one-third of the funds available for competitive
distribution under Sec. 2521.30(b)(3) of this chapter. The Corporation
may also enter into a contract or cooperative agreement with another
Federal agency to support an AmeriCorps program carried out by the
agency. The Corporation may transfer funds available to it to other
Federal agencies.
Sec. 2523.20 Which Federal agencies may apply for such grants?
The Corporation will consider applications only from Cabinet level
departments and independent agencies. Bureaus, divisions, and local and
regional offices of such departments and agencies can only apply
through the central department or agency; however, it is possible for
the department or agency to submit an application proposing more than
one program.
Sec. 2523.30 Must Federal agencies meet the requirements imposed on
other grantees?
Yes. Federal agency programs must meet the same requirements and
serve the same purposes as all other applicants seeking support under
part 2522 of this chapter.
Sec. 2523.40 For what purposes should Federal agencies use AmeriCorps
program grants?
AmeriCorps grants should enable Federal agencies to establish
programs that leverage agencies' existing resources and grant-making
powers toward the goal of integrating service more fully into agencies'
programs and activities. Agencies should plan to ultimately support new
service initiatives out of their own budgets and appropriations.
Sec. 2523.50 What types of grants are Federal agencies eligible to
receive?
Federal agencies may apply for planning and operating grants
subject to the terms established by the Corporation in Sec. 2521.20 of
this chapter, except that operating grants will be awarded with the
expectation that the Federal agencies will support the proposed
programs from their own budgets once the Corporation grant(s) expire.
Sec. 2523.60 May Federal agencies enter into partnerships or
participate in consortia?
Yes. Such partnerships or consortia may consist of other Federal
agencies, Indian Tribes, subdivisions of States, community based
organizations, institutions of higher education, or other non-profit
organizations.
Sec. 2523.70 Will the Corporation give special consideration to
Federal agency applications that address certain needs?
Yes. The Corporation will give special consideration to those
applications that address the national priorities established by the
Corporation. The Corporation may also give special consideration to
those applications that demonstrate the agency's intent to leverage its
own funds through an approved partnership or consortium, by raising
other funds from Federal or non-Federal sources, by giving grantees
incentives to build service opportunities into their programs, by
committing appropriate in-kind resources, or by other means.
Sec. 2523.80 Are there restrictions on the use of Corporation funds?
Yes. The supplantation and nondisplacement provisions specified in
part 2540 of this chapter apply to the Federal AmeriCorps programs
supported with such assistance.
Sec. 2523.90 Is there a matching requirement for Federal agencies?
No. In general, a Federal agency is not required to match funds in
programs that receive support under this chapter.
Sec. 2523.100 Are participants in programs operated by Federal
agencies Federal employees?
No. Participants in these programs follow the same employee status
as participants in other approved AmeriCorps programs, and are not
considered Federal employees, except for the purposes of the Family and
Medical Leave Act as specified in Sec. 2540.220(b) of this chapter.
Sec. 2523.110 Can Federal agencies submit multiple applications?
No. The Corporation will only consider one application per agency.
The application may propose more than one program, however, and the
Corporation may choose to fund any or all of those programs.
Sec. 2523.120 Must Federal agencies consult with State Commissions?
Yes. Federal agencies must provide a description of the manner in
which the proposed AmeriCorps program(s) is coordinated with the
application of the State in which the projects will be conducted.
Agencies must also describe proposed efforts to coordinate AmeriCorps
activities with State Commissions and other funded AmeriCorps programs
within the State in order to build upon existing programs and not
duplicate efforts.
PART 2524--AMERICORPS TECHNICAL ASSISTANCE AND OTHER SPECIAL GRANTS
Sec.
2524.10 For what purposes will technical assistance and training
funds be made available?
2524.20 What are the guidelines for program development assistance
and training grants?
2524.30 What are the guidelines for challenge grants?
2524.40 What are the guidelines for grants to involve persons with
disabilities?
2524.50 What are the guidelines for assistance with disaster
relief?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2524.10 For what purposes will technical assistance and training
funds be made available?
(a) To the extent appropriate and necessary, the Corporation may
make technical assistance available to States, Indian tribes, labor
organizations, organizations operated by young adults, organizations
serving economically disadvantaged individuals, and other entities
eligible to apply for assistance under parts 2521 and 2522 of this
chapter that desire--
(1) To develop AmeriCorps programs; or
(2) To apply for assistance under parts 2521 and 2522 of this
chapter or under a grant program conducted using such assistance.
(b) In addition, the Corporation may provide program development
assistance and conduct, directly or by grant or contract, appropriate
training programs regarding AmeriCorps in order to--
(1) Improve the ability of AmeriCorps programs assisted under parts
2521 and 2522 of this chapter to meet educational, public safety,
human, or environmental needs in communities--
(i) Where services are needed most; and
(ii) Where programs do not exist, or are too limited to meet
community needs, as of the date on which the Corporation makes the
grant or enters into the contract;
(2) Promote leadership development in such programs;
(3) Improve the instructional and programmatic quality of such
programs to build an ethic of civic responsibility;
(4) Develop the management and budgetary skills of program
operators;
(5) Provide for or improve the training provided to the
participants in such programs;
(6) Encourage AmeriCorps programs to adhere to risk management
procedures, including the training of participants in appropriate risk
management practices; and
(7) Assist in such other manner as the Corporation may specify.
Sec. 2524.20 What are the guidelines for program development
assistance and training grants?
(a) Eligibility. States, Federal agencies, Indian tribes, public or
private nonprofit agencies, institutions of higher education, for-
profit businesses, and individuals may apply for assistance under this
section.
(b) Duration. A grant made under this section will be for a term of
up to one year and is renewable.
(c) Application requirements. Eligible applicants must comply with
the requirements specified in the Corporation's application package.
Sec. 2524.30 What are the guidelines for challenge grants?
(a) Purpose. The purpose of these grants is to challenge high
quality AmeriCorps programs to diversify their funding base by matching
private dollars they have raised with Corporation support. The
Corporation will provide not more than $1 for each $1 raised in cash by
the program from private sources in excess of amounts otherwise
required to be provided by the program to satisfy the matching funds
requirements specified under Sec. 2521.30(g) of this chapter.
(b) Eligibility. Only Corporation grantees that meet all of the
following eligibility criteria may apply for challenge grants:
(1) They are funded under parts 2520 through 2523 of this chapter.
(2) They are high quality programs with demonstrated experience in
establishing and implementing projects that provide benefits to
participants and communities.
(3) They have operated with Corporation funds for at least six
months.
(4) They have secured the matching funds required described in
Secs. 2521.30(g), 2522.240(b)(5), 2522.250(a)(4), and 2522.250(b)(4) of
this chapter.
(c) Allowable program activities. Challenge grants are intended to
provide special opportunities for national and community service
programs to enroll additional participants or undertake other
activities specified by the Corporation.
(d) Application procedures. Eligible applicants must comply with
the requirements specified in the Corporation's application materials.
(e) Limitation on use of the funds. Each year the Corporation will
establish a maximum award that a program may receive as a challenge
grant.
(f) Allocation of funds. The Corporation will determine annually
how much funding will be allocated to challenge grants from funds
appropriated for AmeriCorps programs.
Sec. 2524.40 What are the guidelines for grants to involve persons
with disabilities?
(a) Purpose. There are two general purposes for these grants:
(1) To assist AmeriCorps grantees in placing applicants who require
reasonable accommodation (as defined in section 101(9) of the Americans
with Disabilities Act of 1990, 42 U.S.C. 12111(9)) or auxiliary aids
and services (as defined in section 3(1) of such Act, 42 U.S.C.
12102(1)) in an AmeriCorps program; and
(2) To conduct outreach activities to individuals with disabilities
to recruit them for participation in AmeriCorps programs.
(b) Eligibility--(1) Placement, accommodation, and auxiliary
services. Eligibility for assistance under this part is limited to
AmeriCorps programs that:
(i) Receive competitive funding from the Corporation under
Secs. 2521.30(a)(2) or 2521.30(b)(3) of this chapter; and
(ii) Demonstrate that the program has received a substantial number
of applications for placement from persons who are individuals with a
disability and who require a reasonable accommodation (as defined in
section 101(9) of the Americans with Disabilities Act of 1990, or
auxiliary aids and services (as defined in section 3(1) of such Act) in
order to perform national service; and
(iii) Demonstrate that additional funding would assist the program
in placing a substantial number of such individuals with a disability
as participants in projects carried out through the program.
(2) Outreach. Corporation grantees and any public or private
nonprofit organization may apply for funds to conduct outreach to
individuals with disabilities to recruit them for participation in
AmeriCorps programs. Outreach funds can also be used by any
organization to assist AmeriCorps programs in adapting their programs
to encourage greater participation by individuals with disabilities.
(c) Application procedures. Eligible applicants must comply with
the requirements specified in the Corporation's application materials.
Sec. 2524.50 What are the guidelines for assistance with disaster
relief?
(a) Purpose. Disaster relief funds are intended to provide
emergency assistance not otherwise available to enable national and
community service programs to respond quickly and effectively to a
Presidentially-declared disaster.
(b) Eligibility. Any AmeriCorps program (including youth corps, the
National Civilian Community Corps, VISTA, and other programs authorized
under the Domestic Volunteer Services Act) or grant making entity (such
as a State or Federal agency) that is supported by the Corporation may
apply for disaster relief grants.
(c) Application process. Eligible applicants must comply with the
requirements specified in the Corporation's application materials.
(d) Waivers. In appropriate cases, due to the limited nature of
disaster activities, the Corporation may waive specific program
requirements such as matching requirements and the provision of
AmeriCorps educational awards for participants supported with disaster
relief funds.
PART 2530--PURPOSES, DEFINITIONS, AND AVAILABILITY OF GRANTS
Sec.
2530.10 What are the purposes of the Investment for Quality and
Innovation activities?
2530.20 Funding priorities.
Authority: 42 U.S.C. 12501 et seq.
2530.10 What are the purposes of the Investment for Quality and
Innovation activities?
Investment for Quality and Innovation activities are designed to
develop service infrastructure and improve the overall quality of
national and community service efforts. Specifically, the Corporation
will support innovative and model programs that otherwise may not be
eligible for funding; and support other activities, such as training
and technical assistance, summer programs, leadership training,
research, promotion and recruitment, and special fellowships and
awards. The Corporation may conduct these activities either directly or
through grants to or contracts with qualified organizations.
Sec. 2530.20 Funding priorities.
The Corporation may choose to set priorities (and to periodically
revise such priorities) that limit the types of innovative and model
programs and support activities it will undertake or fund in a given
fiscal year. In setting these priorities, the Corporation will seek to
concentrate funds on those activities that will be most effective and
efficient in fulfilling the purposes of this part.
PART 2531--INNOVATIVE AND SPECIAL DEMONSTRATION PROGRAMS
Sec.
2531.10 Military Installation Conversion Demonstration programs.
2531.20 Special Demonstration Project for the Yukon-Kuskokwim Delta
of Alaska.
2531.30 Other innovative and model programs.
Authority: 42 U.S.C. 12501 et seq.
Sec. 2531.10 Military Installation Conversion Demonstration programs.
(a) Purposes. The purposes of this section are to:
(1) Provide meaningful service opportunities for economically
disadvantaged youth;
(2) Fully utilize military installations affected by closures or
realignments;
(3) Encourage communities affected by such closures or realignments
to convert the installations to community use; and
(4) Foster a sense of community pride in the youth in the
community.
(b) Definitions. As used in this section:
(1) Affected military installation. The term affected military
installation means a military installation described in section
325(e)(1) of the Job Training Partnership Act (29 U.S.C. 1662d(e)(1)).
(2) Community. The term community includes a county.
(3) Convert to community use. The term convert to community use,
used with respect to an affected military installation, includes--
(i) Conversion of the installation or a part of the installation
to--
(A) A park;
(B) A community center;
(C) A recreational facility; or
(D) A facility for a Head Start program under the Head Start Act
(42 U.S.C. 9831 et seq.); and
(ii) Carrying out, at the installation, a construction or economic
development project that is of substantial benefit, as determined by
the Corporation, to--
(A) The community in which the installation is located; or
(B) A community located within such distance of the installation as
the Chief Executive Officer may determine by regulation to be
appropriate.
(4) Demonstration program. The term demonstration program means a
program described in paragraph (c) of this section.
(c) Demonstration programs--(1) Grants.--The Corporation may make
grants to communities and community-based agencies to pay for the
Federal share of establishing and carrying out military installation
conversion demonstration programs, to assist in converting to community
use affected military installations located--
(i) Within the community; or
(ii) Within such distance from the community as the Chief Executive
Officer may by regulation determine to be appropriate.
(2) Duration. In carrying out such a demonstration program, the
community or community-based agency may carry out--
(i) A program of not less than 6 months in duration; or
(ii) A full-time summer program.
(d) Use of Funds--(1) Stipend.--A community or community-based
agency that receives a grant under paragraph (c) of this section to
establish and carry out a project through a demonstration program may
use the funds made available through such grant to pay for a portion of
a stipend for the participants in the project.
(2) Limitation on amount of stipend. The amount of the stipend
provided to a participant under paragraph (d)(1) of this section that
may be paid using assistance provided under this section and using any
other Federal funds may not exceed the lesser of--
(i) 85 percent of the total average annual subsistence allowance
provided to VISTA volunteers under section 105 of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4955); and
(ii) 85 percent of the stipend established by the demonstration
program involved.
(e) Participants--(1) Eligibility. A person will be eligible to be
selected as a participant in a project carried out through a
demonstration program if the person is--
(i) Economically disadvantaged and between the ages of 16 and 24,
inclusive;
(ii) In the case of a full-time summer program, economically
disadvantaged and between the ages of 14 and 24; or
(iii) An eligible youth as described in section 423 of the Job
Training Partnership Act (29 U.S.C. 1693).
(2) Participation. Persons desiring to participate in such a
project must enter into an agreement with the sponsor of the project to
participate--
(i) On a full-time or a part-time basis; and
(ii) For the duration referred to in paragraph (f)(2)(iii) of this
section.
(f) Application--(1) In general.--To be eligible to receive a grant
under paragraph (c) of this section, a community or community-based
agency must submit an application to the Corporation at such time, in
such manner, and containing such information as the Chief Executive
Officer may require.
(2) Contents. At a minimum, such application must contain--
(i) A description of the demonstration program proposed to be
conducted by the applicant;
(ii) A proposal for carrying out the program that describes the
manner in which the applicant will--
(A) Provide preservice and inservice training, for supervisors and
participants, that will be conducted by qualified individuals or
qualified organizations;
(B) Conduct an appropriate evaluation of the program; and
(C) Provide for appropriate community involvement in the program;
(iii) Information indicating the duration of the program; and
(iv) An assurance that the applicant will comply with the
nonduplication, nondisplacement and grievance procedure provisions of
part 2540 of this chapter.
(g) Limitation on grant. In making a grant under paragraph (c) of
this section with respect to a demonstration program to assist in
converting an affected military installation, the Corporation will not
make a grant for more than 25 percent of the total cost of the
conversion.
Sec. 2531.20 Special Demonstration Project for the Yukon-Kuskokwim
Delta of Alaska.
(a) Special Demonstration Project for the Yukon-Kuskokwim Delta of
Alaska. The Corporation may award grants to, and enter into contracts
with, organizations to carry out programs that address significant
human needs in the Yukon-Kuskokwim delta region of Alaska.
(b) Application--(1) General requirements. To be eligible to
receive a grant or enter into a contract under paragraph (a) of this
section with respect to a program, an organization must submit an
application to the Corporation at such time, in such manner, and
containing such information as the President may require.
(2) Contents. The application submitted by the organization must,
at a minimum--
(i) Include information describing the manner in which the program
will utilize VISTA volunteers, individuals who have served in the Peace
Corps, and other qualified persons, in partnership with the local
nonprofit organizations known as the Yukon-Kuskokwim Health Corporation
and the Alaska Village Council Presidents;
(ii) Take into consideration--
(A) The primarily noncash economy of the region; and
(B) The needs and desires of residents of the local communities in
the region; and
(iii) Include specific strategies, developed in cooperation with
the Yupi'k speaking population that resides in such communities, for
comprehensive and intensive community development for communities in
the Yukon-Kuskokwim delta region.
Sec. 2531.30 Other innovative and model programs.
(a) The Corporation may support other innovative and model programs
such as the following:
(1) Programs, including programs for rural youth, described in
parts 2515 through 2524 of this chapter;
(2) Employer-based retiree programs;
(3) Intergenerational programs;
(4) Programs involving individuals with disabilities providing
service;
(5) Programs sponsored by Governors; and
(6) Summer programs carried out between May 1 and October 1 (which
may also contain a year-round components).
(b) The Corporation will support innovative service-learning
programs.
PART 2532--TECHNICAL ASSISTANCE, TRAINING, AND OTHER SERVICE
INFRASTRUCTURE-BUILDING ACTIVITIES
Sec.
2532.10 Eligible activities.
Authority: 42 U.S.C. 12501 et seq.
Sec. 2532.20 Eligible activities.
The Corporation may support--either directly or through a grant,
contract or agreement--any activity designed to meet the purposes
described in part 2530 of this chapter. These activities include, but
are not limited to, the following:
(a) Community-based agencies. The Corporation may provide training
and technical assistance and other assistance to project sponsors and
other community-based agencies that provide volunteer placements in
order to improve the ability of such agencies to use participants and
other volunteers in a manner that results in high-quality service and a
positive service experience for the participants and volunteers.
(b) Improve ability to apply for assistance. The Corporation will
provide training and technical assistance, where necessary, to
individuals, programs, local labor organizations, State educational
agencies, State Commissions, local educational agencies, local
governments, community-based agencies, and other entities to enable
them to apply for funding under one of the national service laws, to
conduct high-quality programs, to evaluate such programs, and for other
purposes.
(c) Conferences and materials. The Corporation may organize and
hold conferences, and prepare and publish materials, to disseminate
information and promote the sharing of information among programs for
the purpose of improving the quality of programs and projects.
(d) Peace Corps and VISTA training. The Corporation may provide
training assistance to selected individuals who volunteer to serve in
the Peace Corps or a program authorized under title I of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.). The training
will be provided as part of the course of study of the individual at an
institution of higher education, involve service-learning, and cover
appropriate skills that the individual will use in the Peace Corps or
VISTA.
(e) Promotion and recruitment. The Corporation may conduct a
campaign to solicit funds for the National Service Trust and other
programs and activities authorized under the national service laws and
to promote and recruit participants for programs that receive
assistance under the national service laws.
(f) Training. The Corporation may support national and regional
participant and supervisor training, including leadership training and
training in specific types of service and in building the ethic of
civic responsibility.
(g) Research. The Corporation may support research on national
service, including service-learning.
(h) Intergenerational support. The Corporation may assist programs
in developing a service component that combines students, out-of-school
youths, and older adults as participants to provide needed community
services.
(i) Planning coordination. The Corporation may coordinate
community-wide planning among programs and projects.
(j) Youth leadership. The Corporation may support activities to
enhance the ability of youth and young adults to play leadership roles
in national service.
(k) National program identity. The Corporation may support the
development and dissemination of materials, including training
materials, and arrange for uniforms and insignia, designed to promote
unity and shared features among programs that receive assistance under
the national service laws.
(l) Service-learning. The Corporation will support innovative
programs and activities that promote service-learning.
(m) National Youth Service Day.--(1) Designation. April 19, 1994,
and April 18, 1995 are each designated as ``National Youth Service
Day''. The President is authorized and directed to issue a proclamation
calling on the people of the United States to observe the day with
appropriate ceremonies and activities.
(2) Federal activities. In order to observe National Youth Service
Day at the Federal level, the Corporation may organize and carry out
appropriate ceremonies and activities.
(3) Activities. The Corporation may make grants to public or
private nonprofit organizations with demonstrated ability to carry out
appropriate activities, in order to support such activities on National
Youth Service Day.
(n) Clearinghouses.--(1) Authority. The Corporation may establish
clearinghouses, either directly or through a grant or contract. The
service-learning clearinghouse to be established pursuant to part 2518
of this chapter is eligible to apply for a grant under this section. In
addition, public or private nonprofit organizations are eligible to
apply for clearinghouse grants; however, such organizations must have
extensive experience in training, technical assistance and service and/
or volunteer program development, and management and evaluation.
(2) Function. A Clearinghouse may perform the following activities:
(i) Assist entities carrying out State or local community service
programs with needs assessments and planning;
(ii) Conduct research and evaluations concerning community service;
(iii) Provide leadership development and training to State and
local community service program administrators, supervisors, and
participants; and provide training to persons who can provide such
leadership development and training;
(iv) Facilitate communication among entities carrying out community
service programs and participants;
(v) Provide information, curriculum materials, and technical
assistance relating to planning and operation of community service
programs, to States and local entities eligible to receive funds under
this chapter;
(vi) Gather and disseminate information on successful community
service programs, components of such successful programs, innovative
youth skills curriculum, and community service projects;
(vii) Coordinate the activities of the clearinghouse with
appropriate entities to avoid duplication of effort;
(viii) Make recommendations to State and local entities on quality
controls to improve the delivery of community service programs and on
changes in the programs under this chapter; and
(ix) Carry out such other activities as the Chief Executive Officer
determines to be appropriate.
(o) Assistance for Head Start. The Corporation may make grants to,
and enter into contracts and cooperative agreements with, public or
nonprofit private agencies and organizations that receive grants or
contracts under the Foster Grandparent Program (part B of title II of
the Domestic Volunteer Service Act of 1973 (29 U.S.C. 5011 et seq.)),
for projects of the type described in section 211(a) of such Act (29
U.S.C. 5011) operating under memoranda of agreement with the ACTION
Agency, for the purpose of increasing the number of low-income
individuals who provide services under such program to children who
participate in Head Start programs under the Head Start Act (42 U.S.C
9831 et seq).
(p) Other assistance. The Corporation may support other activities
that are consistent with the purposes described in part 2530 of this
chapter.
PART 2533--SPECIAL ACTIVITIES
Sec.
2533.10 National service fellowships.
2533.20 Presidential awards for service.
Authority: 42 U.S.C. 12501 et seq.
Sec. 2533.10 National service fellowships.
The Corporation may award national service fellowships in such a
manner, in such amounts, for such periods, and at such times as it
deems appropriate. National service fellowships, however, will only be
awarded on a competitive basis.
Sec. 2533.20 Presidential awards for service.
The President, acting through the Corporation, may make
Presidential awards for service to individuals providing significant
service, and to outstanding programs. Information about recipients of
such awards will be widely disseminated. The President may provide such
awards to any deserving individual or program, regardless of whether
the individual is serving in a program authorized by this chapter or
whether the program is itself authorized by this chapter. In no
instance, however, may the award be a cash award.
PART 2540--GENERAL ADMINISTRATIVE PROVISIONS
Subpart A--Requirements Concerning the Distribution and Use of
Corporation Assistance
Sec.
2540.100 What restrictions govern the use of Corporation
assistance?
2540.110 Limitation on use of Corporation funds for administrative
costs.
Subpart B--Requirements Directly Affecting the Selection and Treatment
of Participants
2540.200 Under what circumstances may participants be engaged?
2540.210 What provisions exist to ensure that Corporation-supported
programs do not discriminate in the selection of participants and
staff?
2540.220 Under what circumstances and subject to what conditions
are participants in Corporation-assisted projects eligible for
family and medical leave?
2540.230 What grievance procedures must recipients of Corporation
assistance establish?
Subpart C--Other Requirements for Recipients of Corporation Assistance
2540.300 What must be included in State reports to the Commission?
2540.310 Must programs that receive Corporation assistance
establish standards of conduct?
2540.320 How are participant benefits treated?
Subpart D--Suspension and Termination of Corporation Assistance
2540.400 Under what circumstances will the Corporation suspend or
terminate a grant or contract?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Requirements Concerning the Distribution and Use of
Corporation Assistance
Sec. 2540.100 What restrictions govern the use of Corporation
assistance?
(a) Supplantation. Corporation assistance may not be used to
replace State and local funding streams that had been used to support
programs of the type eligible to receive Corporation support. For any
given program, this condition will be satisfied if the aggregate non-
Federal expenditure for that program in the fiscal year that support is
to be provided is not less than the previous fiscal year.
(b) Religious use. Corporation assistance may not be used to
provide religious instruction, conduct worship services, or engage in
any form of proslytization.
(c) Political activity. Corporation assistance may not be used by
program participants or staff to assist, promote, or deter union
organizing; or finance, directly or indirectly, any activity designed
to influence the outcome of a Federal, State or local election to
public office.
(d) Contracts or collective bargaining agreements. Corporation
assistance may not be used to impair existing contracts for services or
collective bargaining agreements.
(e) Nonduplication. Corporation assistance may not be used to
duplicate an activity that is already available in the locality of a
program. And, unless the requirements of paragraph (f) of this section
are met, Corporation assistance will not be provided to a private
nonprofit entity to conduct activities that are the same or
substantially equivalent to activities provided by a State or local
government agency that such entity resides in.
(f) Nondisplacement. (1) An employer may not displace an employee
or position, including partial displacement such as reduction in hours,
wages, or employment benefits, as a result of the use by such employer
of a participant in a program receiving Corporation assistance.
(2) A service opportunity will not be created under this title that
will infringe in any manner on the promotional opportunity of an
employed individual.
(3) A participant in a program receiving Corporation assistance may
not perform any services or duties or engage in activities that would
otherwise be performed by an employee as part of the assigned duties of
such employee.
(4) A participant in any program receiving assistance under this
chapter may not perform any services or duties, or engage in
activities, that--
(i) will supplant the hiring of employed workers; or
(ii) are services, duties, or activities with respect to which an
individual has recall rights pursuant to a collective bargaining
agreement or applicable personnel procedures.
(5) A participant in any program receiving assistance under this
title may not perform services or duties that have been performed by or
were assigned to any--
(i) presently employed worker;
(ii) employee who recently resigned or was discharged;
(iii) employee who is subject to a reduction in force or who has
recall rights pursuant to a collective bargaining agreement or
applicable personnel procedures;
(iv) employee who is on leave (terminal, temporary, vacation,
emergency, or sick); or
(v) employee who is on strike or who is being locked out.
Sec. 2540.110 Limitation on use of Corporation funds for
administrative costs.
Not more than five percent of the amount of assistance provided to
the original recipient of any grant or any transfer of assistance from
the Corporation in any fiscal year may be used to pay for
administrative costs incurred by--
(a) The original recipient of assistance; and
(b) Any subgrantee of that recipient.
Subpart B--Requirements Directly Affecting the Selection and
Treatment of Participants
Sec. 2540.200 Under what circumstances may participants be engaged?
A State may not engage a participant to serve in any program that
receives Corporation assistance unless and until amounts have been
appropriated under section 501 of the Act (42 U.S.C. 12681) for the
provision of AmeriCorps educational awards and for the payment of other
necessary expenses and costs associated with such participant.
Sec. 2540.210 What provisions exist to ensure that Corporation-
supported programs do not discriminate in the selection of participants
and staff?
(a) An individual with responsibility for the operation of a
project that receives Corporation assistance may not discriminate
against a participant in, or member of the staff of, such project on
the basis of race, color, national origin, sex, age, or political
affiliation of such participant or member, or on the basis of
disability, if the participant or member is a qualified individual with
a disability.
(b) Any Corporation assistance constitutes Federal financial
assistance for purposes of title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.), and constitutes Federal financial assistance to an education
program or activity for purposes of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(c) An individual with responsibility for the operation of a
project that receives Corporation assistance may not discriminate on
the basis of religion against a participant in such project or a member
of the staff of such project who is paid with Corporation funds. This
provision does not apply to the employment (with Corporation
assistance) of any staff member of a Corporation-supported project who
was employed with the organization operating the project on the date
the Corporation grant was awarded.
Sec. 2540.220 Under what circumstances and subject to what conditions
are participants in Corporation-assisted programs eligible for family
and medical leave?
(a) Participants in State, local, or private nonprofits programs. A
participant in a State, local, or private nonprofit program receiving
support from the Corporation is considered an eligible employee of the
program's project sponsor under the Family and Medical Leave Act if--
(1) The participant has served for at least 12 months and 1,250
hours during the year preceding the start of the leave; and
(2) The program's project sponsors engages in commerce or any
industry or activity affecting commerce, and employs at least 50
employees for each working day during 20 or more calendar workweeks in
the current or preceding calendar year.
(b) Participants in Federal programs. Participants in Federal
programs operated by the Corporation or by another Federal agency will
be considered Federal employees for the purposes of the Family and
Medical Leave Act if the participants have completed 12 months of
service and the project sponsor is an employing agency as defined in 5
U.S.C. 6381 et seq.; such participants therefore will be eligible for
the same family and medical leave benefits afforded to such Federal
employees.
(c) General terms and conditions. Participants that qualify as
eligible employees under paragraphs (a) or (b) of this section are
entitled to take up to 12 weeks of unpaid leave during a 12 month
period for any of the following reasons (in the cases of both
paragraphs (c) (1) and (2) of this section. The entitlement to leave
expires 12 months after the birth or placement of such child):
(1) The birth of a child to a participant;
(2) The placement of a child with a participant for adoption or
foster care;
(3) The serious illness of a participant's spouse, child or parent;
or
(4) A participant's serious health condition that makes that
participant unable to perform his or her essential service duties (a
serious health condition is an illness or condition that requires
either inpatient care or continuing treatment by a health care
provider).
(d) Intermittent leave or reduced service. The program, serving as
the project sponsor, may allow a participant to take intermittent leave
or reduce his or her service hours due to the birth of or placement of
a child for adoption or foster care. The participant may also take
leave to care for a seriously ill immediate family member or may take
leave due to his or her own serious illness whenever it is medically
necessary.
(e) Alternate placement. If a participant requests intermittent
leave or a reduced service hours due to a serious illness or a family
member's sickness, and the need for leave is foreseeable based on
planned medical treatment, the program, or project sponsor may
temporarily transfer the participant to an alternative service position
if the participant:
(1) Is qualified for the position; and
(2) Receives the same benefits such as stipend or living allowance
and the position better accommodates the participants recurring periods
of leave.
(f) Certification of cause. A program, or project sponsor may
require that the participant support a leave request with a
certification from the health care provider of the participant or the
participant's family member. If a program sponsor requests a
certification, the participant must provide it in a timely manner.
(g) Continuance of coverage. (1) If a State, local or private
program provides for health insurance for the full-time participant,
the sponsor must continue to provide comparable health coverage at the
same level and conditions that coverage would have been provided for
the duration of the participant's leave.
(2) If the Federal program provides health insurance coverage for
the full-time participant, the sponsor must also continue to provide
the same health care coverage for the duration of the participant's
leave.
(h) Failure to return. If the participant fails to return to the
program at the end of leave for any reason other than continuation,
recurrence or onset of a serious health condition or other
circumstances beyond his or her control, the program may recover the
premium that he or she paid during any period of unpaid leave.
(i) Applicability to term of service. Any absence, due to family
and medical leave, will not be counted towards the participant's term
of service.
Sec. 2540.230 What grievance procedures must recipients of Corporation
assistance establish?
State and local applicants that receive assistance from the
Corporation must establish and maintain a procedure for the filing and
adjudication of grievances from participants, labor organizations, and
other interested individuals concerning programs that receive
assistance from the Corporation. A grievance procedure may include
dispute resolution programs such as mediation, facilitation, assisted
negotiation and neutral evaluation.
(a) Alternative dispute resolution. (1) The aggrieved party may
seek resolution through alternative means of dispute resolution such as
mediation or facilitation. Dispute resolution proceedings must be
initiated within 45 calendar days from the date of the alleged
occurrence. At the initial session of the dispute resolution
proceedings, the party must be advised in writing of his or her right
to file a grievance and right to arbitration. If the matter is
resolved, and a written agreement is reached, the party will agree to
forego filing a grievance in the matter under consideration.
(2) If mediation, facilitation, or other dispute resolution
processes are selected, the process must be aided by a neutral party
who, with respect to an issue in controversy, functions specifically to
aid the parties in resolving the matter through a mutually achieved and
acceptable written agreement. The neutral party may not compel a
resolution. Proceedings before the neutral party must be informal, and
the rules of evidence will not apply. With the exception of a written
and agreed upon dispute resolution agreement, the proceeding must be
confidential.
(b) Grievance procedure for unresolved complaints. If the matter is
not resolved within 30 calendar days from the date the informal dispute
resolution process began, the neutral party must again inform the
aggrieving party of his or her right to file a formal grievance. In the
event an aggrieving party files a grievance, the neutral may not
participate in the formal complaint process. In addition, no
communication or proceedings of the informal dispute resolution process
may be referred to or introduced into evidence at the grievance and
arbitration hearing. The advisory decision may not be binding unless
both parties agree. Grievances that allege fraud or criminal activity
must immediately be brought to the attention of the Corporation's
inspector general.
(c) Time limitations. Except for a grievance that alleges fraud or
criminal activity, a grievance must be made no later than one year
after the date of the alleged occurrence. If a hearing is held on a
grievance, it must be conducted no later than 30 calendar days after
the filing of such grievance. A decision on any such grievance must be
made no later than 60 calendar days after the filing of the grievance.
(d) Arbitration. If there is an adverse decision against the party
who filed the grievance, or 60 calendar days after the filing of a
grievance no decision has been reached, the filing party may submit the
grievance to binding arbitration before a qualified arbitrator who is
jointly selected and independent of the interested parties. If the
parties cannot agree on an arbitrator within 15 calendar days after
receiving a request from one of the grievance parties, the Corporations
Chief Executive Officer will appoint an arbitrator from a list of
qualified arbitrators. An arbitration proceeding must be held no later
than 45 calendar days after the request for arbitration. If the
arbitrator is appointed by the Chief Executive Officer, the proceeding
must occur no later than 30 calendar days after the arbitrators
appointment. A decision must be made by the arbitrator no later than 30
calendar days after the date the arbitration proceeding begins. The
cost of the arbitration proceeding must be divided evenly between the
parties to the arbitration. If, however, a participant, labor
organization, or other interested individual prevails under a binding
arbitration proceeding, the State or local applicant that is a party to
the grievance must pay the total cost of the proceeding and the
attorneys fees of the prevailing party.
(e) Suspension of placement. If a grievance is filed regarding a
proposed placement of a participant in a program that receives
assistance under this chapter, such placement must not be made unless
the placement is consistent with the resolution of the grievance.
(f) Remedies. In general, remedies for a grievance filed include
suspension or termination of payments for assistance under this
chapter, and prohibition of a placement of a participant, and in
grievance cases where there is a violation of nonduplication or
nondisplacement requirements and the employer of the displaced employee
is the recipient of Corporation assistance, the displaced employee
must--
(1) Be reinstated to the position he or she held prior to the
displacement;
(2) Be paid lost wages and benefits;
(3) Regain any other relevant terms, conditions and privileges of
employment; and
(4) Obtain any equitable relief that is necessary to correct any
violation of the nonduplication or nondisplacement requirements or to
make the displaced employee whole.
(g) Suspension or termination of assistance. The Corporation may
suspend or terminate payments for assistance under this chapter.
(h) Effect of noncompliance with arbitration. A suit to enforce
arbitration awards may be brought in any Federal district court having
jurisdiction over the parties without regard to the amount in
controversy or the parties' citizenship.
Subpart C--Other Requirements for Recipients of Corporation
Assistance
Sec. 2540.300 What must be included in State reports to the
Commission?
(a) In general. Each State receiving assistance under this title
must prepare and submit, to the Corporation, an annual report
concerning the use of assistance provided under this title and the
status of the national and community service programs that receive
assistance under such title in such State.
(b) Local grantees. Each State may require local grantees that
receive assistance under this title to supply such information to the
State as is necessary to enable the State to complete the report
required under paragraph (a) of this section, including a comparison of
actual accomplishments with the goals established for the program, the
number of participants in the program, the number of service hours
generated, and the existence of any problems, delays or adverse
conditions that have affected or will affect the attainment of program
goals.
(c) Report demonstrating compliance--(1) In general. Each State
receiving assistance under this title must include information in the
report required under paragraph (a) of this section that demonstrates
the compliance of the State with the provisions of this chapter.
(2) Local grantees. Each State may require local grantees to supply
such information to the State as is necessary to enable the State to
comply with the requirement of paragraph (a) of this section.
(d) Availability of report. Reports submitted under paragraph (a)
of this section must be made available to the public on request.
Sec. 2540.310 Must programs that receive Corporation assistance
establish standards of conduct?
Yes. Programs that receive assistance under this title must
establish and stringently enforce standards of conduct at the program
site to promote proper moral and disciplinary conditions.
Sec. 2540.320 How are participant benefits treated?
Section 142(b) of the Job Training Partnership Act (29 U.S.C.
1552(b)) shall apply to the programs conducted under this chapter as if
such programs were conducted under the Job Training Partnership Act (29
U.S.C. 1501 et seq.).
Subpart D--Suspension and Termination of Corporation Assistance
Sec. 2540.400 Under what circumstances will the Corporation suspend or
terminate a grant or contract?
(a) Suspension of a grant or contract. In emergency situations, the
Corporation may suspend a grant or contract for not more than 30
calendar days. Examples of such situations may include, but are not
limited to:
(1) Serious risk to persons or property;
(2) Violations of Federal, State or local criminal statutes; and
(3) Material violation(s) of the grant or contract that are
sufficiently serious that they outweigh the general policy in favor of
advance notice and opportunity to show cause.
(b) Termination of a grant or contract. The Corporation may
terminate or revoke assistance for failure to comply with applicable
terms and conditions of this chapter. However, the Corporation must
provide the recipient reasonable notice and opportunity for a full and
fair hearing, subject to the following conditions:
(1) The Corporation will notify a recipient of assistance by letter
or telegram that the Corporation intends to terminate or revoke
assistance, either in whole or in part, unless the recipient shows good
cause why such assistance should not be terminated or revoked. In this
communication, the grounds and the effective date for the proposed
termination or revocation will be described. The recipient will be
given at least 7 calendar days to submit written material in opposition
to the proposed action.
(2) The recipient may request a hearing on a proposed termination
or revocation. Providing five days notice to the recipient, the
Corporation may authorize the conduct of a hearing or other meetings at
a location convenient to the recipient to consider the proposed
suspension or termination. A transcript or recording must be made of a
hearing conducted under this section and be available for inspection by
any individual.
[FR Doc. 94-322 Filed 1-6-94; 8:45 am]
BILLING CODE 6820-BA-P
