[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35798-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16938]
[[Page 35797]]
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Part II
National Institute for Literacy
_______________________________________________________________________
34 CFR Ch. XI and Part 1100
Literacy Leader Fellowship Program; Interim Final Rule and Notice
Federal Register / Vol. 60, No. 132 / Tuesday, July 11, 1995 / Rules
and Regulations
[[Page 35798]]
NATIONAL INSTITUTE FOR LITERACY
34 CFR Ch. XI and Part 1100
[CFDA No. 84.257I]
Literacy Leader Fellowship Program
AGENCY: National Institute for Literacy.
ACTION: Interim final regulations.
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SUMMARY: The Director issues interim final regulations to govern the
Literacy Leader Fellowship Program for Fiscal Year 1995 and for
subsequent years. Under this program, the Director may award
fellowships to individuals to enable them to engage in research,
education, training, technical assistance, or other activities that
advance the field of adult education or literacy. These regulations
specify the categories of fellowships, how an individual applies for a
fellowship, what conditions for eligibility must be met by an
applicant, where the fellowship will be conducted, how a fellow is
selected, the responsibilities of a fellow, and how the amount of a
fellowship is determined.
DATES: Effective Date: These regulations are effective August 10, 1995.
Comment Date: Comments must be received on or before September 30,
1995.
ADDRESSES: All comments concerning these final regulations should be
addressed to Susan Green, National Institute for Literacy, 800
Connecticut Avenue NW., Suite 200, Washington, DC 20006.
A copy of any comments that concern information collection
requirements should also be sent to the Office of Management and Budget
at the address listed in the Paperwork Reduction Act section of this
preamble.
FOR FURTHER INFORMATION CONTACT: Susan Green, 202/632-1509.
SUPPLEMENTARY INFORMATION:
Background
The Literacy Leadership Fellowship Program is authorized under
section 384 of the Adult Education Act (20 U.S.C. 1213c), as amended.
Fellowships may include stipends and allowances for subsistence and
travel expenses as provided under Title 5 of the United States Code.
Executive Order 12286
These interim final regulations have been reviewed in accordance
with Executive Order 12286. Under the terms of the order, the Director
has assessed the potential costs and benefits of this regulatory
action. The potential costs associated with these regulations are those
resulting from statutory requirements and those determined by the
Director as necessary for administering this program effectively and
efficiently. The Director has determined that the benefits of the
regulations justify the costs. The Director has also determined that
the regulatory action does not unduly interfere with State, local, and
tribal governments in the exercise of their governmental functions.
Regulatory Flexibility Act Certification
The Director certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. These provisions would affect only individuals, who are not
defined as ``small entities'' in the Regulatory Flexibility Act.
Paperwork Reduction Act of 1980
Sections 1100.21 and 1100.33 contain information collection
requirements. As required by section 3504(h) of the Paperwork Reduction
Act of 1980, as amended, and the regulations implementing the Act, the
National Institute for Literacy will submit a copy of these interim
regulations to the Office of Management and Budget (OMB) for its
review. Public reporting burden for this collection of information is
estimated to average 15 hours per response. Organizations and
individuals wishing to submit comments on the information collection
requirements should direct them to the Office of Information and
Regulatory Affairs, OMB, Room 3002, New Executive Office Building,
Washington, DC 20503; Attention: Dan Chenok.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these interim final regulations. The Director
will take all comments into consideration and will make those changes
to the regulations that the Director deems appropriate. The final
regulations will govern applications for fellowships beginning in
Fiscal Year 1996.
All comments submitted in response to these interim regulations
will be available for public inspection, during and after the comment
period, in Suite 200, 800 Connecticut Avenue, NW., Washington, DC,
between the hours of 8:30 A.M. to 4:30 P.M., Monday through Friday each
week, except Federal holidays.
To assist the National Institute for Literacy in complying with the
specific requirements of Executive Order 12286 and the Paperwork
Reduction Act of 1980 and their overall requirement of reducing
regulatory burden, the Director invites comment on whether there may be
further opportunities to reduce any regulatory burdens found in the
interim final regulations.
Regulations
The National Institute for Literacy is subject to the rulemaking
requirements of the Administrative Procedure Act (APA). Under the APA,
codified in Title 5 of the United States Code, section 553, matters
relating to public property, loans, grants, benefits, or contracts are
not subject to the rulemaking requirements of that section. Under
ordinary circumstances, the Director would prefer not to invoke this
exemption for the development of the regulations governing awards under
the Literacy Leader Fellowship Program because the Director values
public participation in the process. However, in order to make timely
fellowship awards in Fiscal Year 1995 based on the regulations, the
Director has decided to issue these regulations in final form, while at
the same time taking public comment that will help the Director
determine whether any changes are adivsable for future competitions.
Priorities
The Institute may establish annual priorities, as stated in 34 CFR
75.105, by publishing a notice of priorities in the Federal Register
concurrently with, or prior to, publishing a notice inviting
applications for that year.
List of Subjects in 34 CFR Part 1100
Adult education; Grant programs--education; Reporting and
recordkeeping requirements.
(Catalog of Federal Domestic Assistance Number 84.257I, National
Institute for Literacy)
Dated: July 6, 1995.
Carolyn Staley,
Deputy Director, National Institute for Literacy.
The Director establishes chapter XI, consisting at this time of
part 1100, in Title 34 of the Code of Federal Regulations to read as
follows:
CHAPTER XI--NATIONAL INSTITUTE FOR LITERACY
PART 1100--LITERACY LEADER FELLOWSHIP PROGRAM
Subpart A--General
Sec.
1100.1 What is the Literacy Leader Fellowship Program?
1100.2 Who is eligible for a fellowship?
1100.3 What type of project may a fellow conduct under this
program?
1100.4 What regulations apply?
[[Page 35799]]
1100.5 What definitions apply?
1100.6 What priorities may the Director establish?
Subpart B--How Does an Individual Apply for a Fellowship?
1100.10 What categories of fellowships does the Institute award?
1100.11 How does an individual apply for a fellowship?
Subpart C--How Does the Director Award a Fellowship?
1100.20 How is a fellow selected?
1100.21 What selection criteria does the Director use to rate an
applicant?
1100.22 How does the Director determine the amount of a fellowship?
1100.23 What payment methods may the Director use?
1100.24 What are the procedures for payment of a fellowship award
directly to the fellow?
1100.25 What are the procedures for payment of a fellowship award
through the fellow's employer?
Subpart D--What Conditions Must Be Met by a Fellow?
1100.30 Where may the fellowship project be conducted?
1100.31 Who is responsible for oversight of fellowship activities?
1100.32 What is the duration of a fellowship?
1100.33 What reports are required?
Authority: 20 U.S.C. 1213c.
Subpart A--General
Sec. 1100.1 What is the Literacy Leader Fellowship Program?
(a) Under the Literacy Leader Fellowship Program, the Director of
the National Institute for Literacy provides financial assistance to
outstanding individuals who are pursuing careers in adult education or
literacy.
(b) Fellowships are awarded to these individuals for the purpose of
carrying out short-term, innovative projects that contribute to the
knowledge base of the adult education or literacy field.
(c) Fellowships are intended to benefit the fellow, the Institute,
and ultimately, the field by providing the fellow with the opportunity
to interact with national leaders in the field and make contributions
to federal policy initiatives that promote a fully literate adult
population.
Sec. 1100.2 Who is eligible for a fellowship?
(a) Only individuals are eligible to be recipients of fellowships.
(b) To be eligible for a fellowship under this program, an
individual must be--
(1) A citizen of the United States;
(2) Eligible for Federal assistance under the terms of 34 CFR 75.60
and 75.61; and
(3) Either a career literacy worker or an adult learner.
Sec. 1100.3 What type of project may a fellow conduct under this
program?
Under the auspices of the Institute, and in accordance with the
Fellowship Agreement, the Literacy Leader Fellow may use a fellowship
awarded under this part to engage in education, training, technical
assistance, or other activities that advance the field of adult
education or literacy, including the training of volunteer literacy
providers at the national, State or local level.
Sec. 1100.4 What regulations apply?
This program is governed by the regulations in this part and the
following additional regulations:
34 CFR 75.60, Individuals ineligible to receive assistance;
34 CFR 75.61, Certification of eligibility; effect of eligibility; and
34 CFR part 85, Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants).
Sec. 1100.5 What definitions apply?
(a) The definitions in 34 CFR 77.1, except that the definitions of
``Applicant'', ``Application'', ``Award'', and ``Project'' do not apply
to this part.
(b) Other definitions. The following definitions also apply to this
part:
Adult learner means an individual over 16 years old who is pursuing
or has completed some form of literacy or basic skills training,
including preparation for the G.E.D.
Applicant means an individual requesting a fellowship under this
program.
Application means a written request for a fellowship under this
program.
Award means an amount of funds provided for fellowship activities.
Career literacy worker means an individual who is pursuing a career
in literacy or adult education or a related field and who has relevant
academic or professional experience. Relevant experience includes
teaching, policymaking, administration, or research.
Director means the Director of the National Institute for Literacy.
Fellow means a recipient of a fellowship.
Fellowship means an award of financial assistance made by the
Institute to an individual pursuant to section 384 of the Adult
Education Act (20 U.S.C. 1213c) to enable that individual to conduct
research or other authorized literacy activities under the auspices of
the Institute.
Fellowship agreement means a written agreement entered into between
the Institute and a fellow, which, when executed, has the legal effect
of obligating the fellowship award, and which states the rights and
obligations of the parties.
Institute means the National Institute for Literacy.
Project means the work to be engaged in by the Fellow during the
period of fellowship.
Research means one or more of the following activities in literacy
or education or education related fields: basic and applied research,
planning, surveys, assessments, evaluations, investigations,
experiments, development and demonstrations.
Sec. 1100.6 What priorities may the Director establish?
The Director may, through a notice published in the Federal
Register, select annually one or more priorities for funding. These
priorities may be chosen from the areas of greatest immediate concern
to the Institute and may include, but are not limited to, the following
areas:
(a) Workforce and Workplace literacy. Millions of American adults
need educational services either to enter the work force or to upgrade
their work-related skills. Increasingly literacy programs are offered
in the context of the workplace. Workforce education and development is
a top national priority and a critical focus in the literacy field.
(b) Family Literacy. Educational research and practice continue to
demonstrate the fundamental importance of the family in creating both
the motivation and conditions for a child's readiness for school and
continued learning throughout life. This intergenerational literacy
connection is having an increasingly significant effect on the funding,
design, and operation of Federal, State, and local programs for
children as well as adults.
(c) English as a Second Language/Immigration and Literacy. Recent
studies confirm that adults with limited English proficiency (LEP)
experience a variety of social and economic disadvantages: lower wages,
limited employment opportunities, limited access to public services,
and barriers to becoming active members of their communities and
neighborhoods. ESL instruction is currently the largest and fastest
growing component of the Adult Education Act, and the demand continues
to increase dramatically. About two-thirds of all recent immigrants to
America are LEP, and about 76% of the 12 to 14 million LEP adults in
America are immigrants. Issues related to the education of immigrants
and ESL services are of
[[Page 35800]]
increasing importance to the literacy and adult education field.
(d) Assessing Progress toward National Educational Goal 6. Goal 6,
the adult literacy and lifelong learning goal, states that: ``By the
year 2000, every adult American will be literate and will possess the
knowledge and skills necessary to compete in a global economy and
exercise the rights and responsibilities of citizenship.'' Gauging
progress toward this goal is a primary concern of the Institute and a
complex undertaking that challenges all sectors of the literacy field.
As a result, there is growing interest in development of innovative
approaches for measuring and documenting this progress in a variety of
service settings.
(e) The Role of Adult Learners in Literacy and Adult Education
Programs. As the primary consumers of literacy and adult education
services, adult learners have the greatest personal stake in the
quality of these services, and unique contributions to make in setting
policy for, planning, and implementing programs. The Institute is
interested in learning more about how current and former adult learners
can play meaningful roles at every level of the literacy field
nationwide.
Subpart B--How Does an Individual Apply for a Fellowship?
Sec. 1100.10 What categories of fellowship does the Institute award?
(a) The Institute awards two categories of Literacy Leadership
Fellowships:
(1) Career Literacy Worker Fellowships; and
(2) Adult Learner Fellowships.
(b) [Reserved]
Sec. 1100.11 How does an individual apply for a fellowship?
An individual shall apply to the Director for a fellowship award in
response to an application notice published by the Director in the
Federal Register. The application must describe a plan for one or more
of the activities stated in Sec. 1100.3 that the applicant proposes to
conduct under the fellowship. The application must also indicate which
category of fellowship, as described in Sec. 1100.10(b), most
accurately describes the applicant.
Subpart C--How Does the Director Award a Fellowship?
Sec. 1100.20 How is a fellow selected?
(a) The Director rates applications using the selection criteria in
Sec. 1100.21 and then determines the order in which applications in
each category will be ranked. The Director may consider the following
in making this determination:
(1) The rating of the applications based on the criteria in
Sec. 1100.21, plus any bonus points an applicant may have been awarded
for addressing an Institute priority or priorities, as established
annually.
(2) Whether the selection of an application would increase the
diversity of fellowship projects awarded under this program.
(b) The Director determines the number of awards to be made in each
category and chooses the corresponding number of top-ranked
applications for each category.
Sec. 1100.21 What selection criteria does the Director use to rate an
applicant?
The Director uses 34 CFR 75.217 and the following criteria in
evaluating each applicant for a fellowship:
(a) Quality of the plan for the proposed activity. (40 points) The
Director reviews the quality of each proposed project to ensure that--
(1) The design of the project is of high quality;
(2) The applicant's project is feasible;
(3) The project addresses critical questions in innovative ways;
(4) The applicant's project relates to the purposes of the
fellowship program and the work of the Institute; and
(5) If the proposed activities include research, the likely
validity of the research hypothesis proposed, the usefulness of the
objectives to be achieved, and the effectiveness of the methodology to
be followed.
(b) Significance of the proposed project. (30 points) The Director
assesses the significance of the proposed project to ensure that--
(1) The project addresses important issues in literacy or adult
education;
(2) Project results are likely to contribute to the knowledge base
in literacy or adult education, and to federal policy initiatives in
these or related areas;
(3) The project will enhance literacy or adult education practice;
(4) The project will complement or enhance related activities of
value to the field; and
(5) The project builds research capacity within the field.
(c) Qualifications of the applicant. (30 points) The Director
reviews the qualifications of each applicant to ensure--
(1) The appropriateness and quality of the applicant's background,
education, and work experiences as they relate to the proposed project,
as shown in documentation that may include recommendations of present
or former supervisors or colleagues;
(2) Demonstrated ability to produce a final product that is
comprehensive and useful;
(3) If relevant, demonstrations of motivation and the ability to
overcome obstacles in pursuing educational or career goals; and
(4) If relevant, evidence of the availability of additional support
to carry out the proposed activity.
Sec. 1100.22 How does the Director determine the amount of a
fellowship?
The amount of a fellowship includes--
(a) A stipend, based on--
(1) The fellow's current annual salary; prorated for the length of
the fellowship not to exceed $30,000 salary reimbursement; or
(2) If a fellow has no current salary, the fellow's education and
experience; and
(b) A subsistence allowance and necessary travel expenses related
to the fellowship, consistent with 5 U.S.C. chapter 57.
Sec. 1100.23 What payment methods may the Director use?
(a) The Director will pay a fellowship award directly to the fellow
or through the fellow's employer.
(b) The Director considers the preferences of the fellow in
determining whether to pay a fellowship award directly to the fellow or
through the fellow's employer; however, the Director pays a fellowship
award through the fellow's employer only if the employer enters into an
agreement with the Director to comply with the provisions of
Sec. 1100.24.
Sec. 1100.24 What are the procedures for payment of a fellowship award
directly to the fellow?
(a) If the Director pays a fellowship award directly to the fellow
after the Director determines the amount of a fellowship award, the
fellowship recipient shall submit a payment schedule to the Director
for approval. The Director advises the recipient of the approved
schedule.
(b) If a fellow does not complete the fellowship, or if the
Institute terminates the fellowship, the fellow shall return to the
Director a prorated portion of the stipend and any unused subsistence
allowance and travel funds at the time and in the manner required by
the Director.
Sec. 1100.25 What are the procedures for payment of a fellowship award
through the fellow's employer?
(a) If the Director pays a fellowship award through the fellow's
employer, the employer shall submit a payment schedule to the Director
for approval.
[[Page 35801]]
(b) The employer shall pay the fellow the stipend and subsistence
allowance according to the payment schedule approved by the Director.
If the fellow does not complete the fellowship, the fellow shall return
to the employer a prorated portion of the stipend and any unused
subsistence allowance and travel funds. The employer shall return the
funds to the Director at the time and in the amount required by the
Director. The employer shall also return to the Director any portion of
the stipend and subsistence allowance and travel funds not yet paid by
the employer to the fellow.
Subpart D--What Conditions Must Be Met by a Fellow?
Sec. 1100.30 Where may the fellowship project be conducted?
(a) A fellow carries out a project at the National Institute for
Literacy in Washington, DC, unless the Director determines that unusual
circumstances exist and authorizes the fellow to carry out all or part
of the project elsewhere.
(b) Office space and logistics will be provided by the Institute.
(c) The Fellow may also be required to participate in meetings,
conferences and other activities at the Departments of Education,
Labor, or Health and Human Services, in Washington, DC, or in site
visits to other locations, if deemed appropriate for the project being
conducted.
Sec. 1100.31 Who is responsible for oversight of fellowship
activities?
(a) All fellowship activities are conducted under the direct or
general oversight of the Institute. The Institute may arrange through
written agreement for another Federal agency, or another public or
private nonprofit agency or organization that is substantially involved
in literacy research or services, to assume direct supervision of the
fellowship activities.
(b) Fellows may be assigned a peer mentor to orient them to the
Federal system and Institute procedures.
Sec. 1100.32 What is the duration of a fellowship?
(a) The Institute awards Fellowships for a period of at least three
and not more than 12 months of full-time or part-time activity. An
award may not exceed 12 months in duration. The actual period of the
fellowship will be determined at the time of award based on proposed
activities.
(b) In order to continue the fellowship to completion, the fellow
must be making satisfactory progress as determined periodically by the
Director.
Sec. 1100.33 What reports are required?
(a) A Fellow shall submit fellowship results to the Institute in
formats suitable for wide dissemination to policymakers and the public.
These formats should include, as appropriate to the topic of the
fellowship and the intended audience, articles for academic journals,
newspapers, and magazines.
(b) Each fellowship agreement will contain specific provisions for
how, when, and in what format the Fellow will report on results, and
how and to whom the results will be disseminated.
(c) A Fellow shall submit a final performance report to the
Director and the Chairperson of the National Institute for Literacy
Advisory Board no later than 90 days after the completion of the
Fellowship. The report must contain a description of the activities
conducted by the Fellow and a thorough analysis of the extent to which,
in the opinion of the fellow, the objectives of the project have been
achieved. In addition, the report must include a detailed discussion of
how the activities performed and results achieved could be used to
enhance literacy practice in the United States.
[FR Doc. 95-16938 Filed 7-10-95; 8:45 am]
BILLING CODE 6055-01-M
