94-20892. Ronald E. McNair Postbaccalaureate Achievement Program; Final Rule DEPARTMENT OF EDUCATION  

  • [Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20892]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 25, 1994]
    
    
    _______________________________________________________________________
    
    Part IV
    
    
    
    
    
    Department of Education
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    34 CFR Part 647
    
    
    
    
    Ronald E. McNair Postbaccalaureate Achievement Program; Final Rule
    DEPARTMENT OF EDUCATION
    
    34 CFR Part 647
    
    RIN 1840-AB65
    
     
    Ronald E. McNair Postbaccalaureate Achievement Program
    
    AGENCY: Department of Education.
    
    ACTION: Final regulations.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Secretary establishes regulations to govern the Ronald E. 
    McNair Postbaccalaureate Achievement Program (McNair). The regulations 
    are needed to implement statutory changes made to the McNair program by 
    the Higher Education Amendments of 1992 and the Higher Education 
    Technical Amendments Act of 1993. These regulations also codify those 
    policies and practices that have been used in the requirements 
    governing the program for the past four years. Previously, the McNair 
    program has been administered using only the program statute and the 
    Education Department General Administrative Regulations (EDGAR).
    
    EFFECTIVE DATE: These regulations take effect on or before October 11, 
    1994 or later if the Congress takes certain adjournments, except that 
    compliance is not required with the information collection requirements 
    in Sec. 647.21, 647.22, and 647.32 until the information collection 
    requirements contained in these sections have been submitted by the 
    Department of Education and approved by the Office of Management and 
    Budget under the Paperwork Reduction Act of 1980. If you want to know 
    the effective date of these regulations, call or write the Department 
    of Education contact person. A document announcing the effective date 
    will be published in the Federal Register.
    
    FOR FURTHER INFORMATION CONTACT: Eileen S. Bland, U.S. Department of 
    Education, 400 Maryland Avenue, S.W., Room 5065, Washington, D.C. 
    20202-5249. Telephone: (202) 708-4804. Individuals who use a 
    telecommunications device for the deaf (TDD) may call the Federal 
    Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
    p.m., Eastern time, Monday through Friday.
    
    SUPPLEMENTARY INFORMATION: The purposes and allowable activities of the 
    McNair program support the National Education Goals. Specifically, the 
    program funds projects designed to increase the number of United States 
    undergraduate and graduate students, especially minorities, who 
    complete advanced degrees in numerous disciplines, including the fields 
    of mathematics and science, and the proportion of graduates equipped 
    with the capacity for advanced critical analysis and problem solving.
        On December 2, 1993, the Secretary published a notice of proposed 
    rulemaking (NPRM) for the McNair program in the Federal Register (58 FR 
    63870). In this notice the Secretary solicited public comment on the 
    proposed regulations.
    
    Analysis of Comments and Changes
    
        In response to the Secretary's invitation in the NPRM, 17 persons 
    submitted comments on the proposed regulations. The following is an 
    analysis of the comments and the changes in the regulations since 
    publication of the NPRM. Substantive issues are discussed under the 
    section of the regulations to which they pertain. Technical and other 
    minor changes made to the language published in the NPRM--and suggested 
    changes the Secretary is not legally authorized to make under 
    applicable statutory authority--are not addressed.
    
    Who is Eligible for a Grant? (Section 647.2)
    
        Comment: The Secretary received one comment regarding eligible 
    applicants under this program. The commenter encouraged the Secretary 
    to include ``disciplinary groups'' such as professional associations 
    and public or private agencies or organizations or combinations of 
    these groups as eligible applicants under the McNair program. The 
    commenter indicated that these groups are included as eligible under 
    section 402A of the Higher Education Act of 1965 as amended (HEA) and 
    that the Department is being overly restrictive in this limitation.
        Discussion: The Secretary believes Sec. 647.2 of these regulations 
    accurately reflects section 402E of the HEA which authorizes the McNair 
    program. While section 402A of the HEA denotes the full complement of 
    eligible applicants for all Federal TRIO Programs, institutions of 
    higher education and combinations of those institutions are generally 
    the only entities that can provide McNair program services. Further, 
    section 402E(d) of the HEA provides for specific award considerations 
    for institutions of higher education. However, applicants are 
    encouraged to solicit and encourage the participation and coordination 
    of professional associations, both private and public, to further 
    enhance the quality of the services to be provided to the eligible 
    participants.
        Changes: None.
    
    Who Is Eligible To Participate in a McNair Grant? (Section 647.3)
    
        Comments: Many commenters suggested that the Secretary change 
    Sec. 647.3 by deleting the eligibility requirement that students must 
    have completed their sophomore year of study to participate in the 
    McNair program. The commenters felt that this requirement was overly 
    restrictive and placed an additional eligibility requirement that went 
    beyond legislative intent. Further, the commenters felt that early 
    intervention, even at the freshman level, may provide the program 
    participants with necessary information and motivation necessary to 
    make future educational choices and decisions.
        Discussion: The Secretary has determined that the requirement that 
    students must have completed their sophomore year of study before they 
    are eligible to participate in the McNair program is overly restrictive 
    and has deleted the requirement. However, because of the small size of 
    the McNair program (less than 70 grants nationwide and under 2,000 
    participants currently), the Secretary encourages grantees to focus 
    project services on students in their junior and senior years of 
    undergraduate study. Thus, the Secretary prefers to see the emphasis of 
    the McNair program placed on students who have completed the general 
    college-wide requirements and are ready to select their major fields of 
    study. Nevertheless, the Secretary will not absolutely preclude 
    freshmen and sophomores from participation in the McNair program. 
    Grantees are advised that recipients of summer research internships 
    must have completed their sophomore year. It should be noted that a 
    companion program, Student Support Services, emphasizes the provision 
    of academic support services to freshmen and sophomore students, 
    including mentoring and counseling, to encourage enrollment in 
    postbaccalaureate programs of study.
        Changes: The requirement that students must have completed their 
    sophomore year of study to be eligible to participate in the McNair 
    program has been deleted except with regard to summer research 
    internships.
        Comments: Several commenters questioned whether the proposed 
    regulations would allow students enrolled at the master's level of 
    studies to participate in the McNair program.
        Discussion: The proposed regulations do not preclude the 
    participation of students enrolled in master's level studies. However, 
    given the types of activities and services normally provided by the 
    McNair program, the Secretary anticipates that students at the master's 
    level of study probably have received effective preparation for 
    doctoral studies.
        Changes: None.
    
    How Long Is a Project Period? (Section 647.5)
    
        Comment: The Secretary received one comment regarding whether the 
    four-to-five year grant award cycles would be made retroactive to 
    include the grantees currently funded under the McNair program.
        Discussion: Grant awards made in FY 1995 will be for either four or 
    five years, depending upon the peer review score received by applicants 
    in the competition. The grant award cycle for currently funded grantees 
    under the McNair program will not be modified.
        Changes: None.
    
    What Definitions Apply? (Section 647.7)
    
        Comment: One commenter suggested that the definition for first-
    generation college student might be clarified by utilizing the language 
    agreed upon in the Talent Search Program for the similar definition of 
    potential first-generation college student (Sec. 643.7).
        Discussion: The Secretary agrees with the commenter.
        Changes: The definition of first-generation college student has 
    been revised to reflect the definition of that term in the Talent 
    Search Program regulations.
        Comments: None.
        Discussion: The Secretary has reviewed the regulations since the 
    publication of the NPRM and has determined that providing information 
    on what groups are underrepresented in graduate education is beneficial 
    to all prospective applicants. However, there is no need to define both 
    Individuals from groups underrepresented in graduate education, and 
    Groups underrepresented in graduate education.
        Changes: The definition of ``Individuals from groups 
    underrepresented in graduate education'' has been deleted and replaced 
    with the definition of ``Groups underrepresented in graduate 
    education.''
        Further, an additional definition has been added to this section 
    for ``target population.'' Applicants are asked to provide information 
    on their proposed ``target population'' under the ``Need'' criterion, 
    which was revised in response to comments that the criterion not be 
    restricted to an applicant's student population.
        Comments: Several commenters questioned the definition of summer 
    internship. Exception was taken to the phrase, ``* * * that normally 
    will occur between the junior and senior year * * *'' because it 
    appears restrictive and one commenter suggested that the term 
    ``experienced practitioner'' be defined.
        Discussion: The Secretary disagrees that the definition of this 
    term could be interpreted as requiring that a summer internship take 
    place only between a student's junior and senior years but decided to 
    delete the phrase nevertheless.
        Changes: The definition of ``summer internship'' has been revised, 
    and the Secretary has replaced the term ``experienced practitioners'' 
    with ``experienced faculty researchers.''
    
    How Does the Secretary Decide which New Grants to Make? (Section 
    647.20)
    
        Comments: Two commenters observed that the eight point maximum 
    prior experience score conflicts with the language included in the 
    Higher Education Technical Amendments of 1993.
        Discussion: The Secretary has raised the maximum prior experience 
    score to 15 points as required by a statutory change made by the Higher 
    Education Technical Amendments Act of 1993.
        Changes: The maximum score for all the criteria in Sec. 647.22 is 
    l5 points. Further, the Secretary has modified the maximum score for 
    each criterion in that section to reflect the new total score.
        Comments: One commenter objected to the provision that additional 
    points, equal to l0 percent of the applicant's score, be awarded to 
    applications from Guam, the Virgin Islands, American Samoa, the Trust 
    Territory of the Pacific Islands and the Northern Mariana Islands. The 
    commenter objected because the commenter believes it gives those 
    applicants an unfair advantage.
        Discussion: The requirement that priority be given to proposals 
    submitted by the territories was deleted from the Higher Education Act 
    by the Higher Education Technical Amendments Act of 1993.
        Changes: The provision has been deleted from Sec. 647.20(a) of the 
    regulations.
        Comments: Several commenters objected to Sec. 647.20(c) of the 
    proposed regulations, which describes how the Secretary awards grants 
    when two or more applications receive identical scores and all of these 
    applications cannot be funded. The commenters suggested that the use of 
    a subjective selection factor such as geographical distribution was not 
    impartial and could possibly be construed as setting a new precedent 
    for other TRIO funding.
        Discussion: The Secretary believes that a tie-breaker that takes 
    into account underserved geographic areas is appropriate. The Secretary 
    further believes this provision reflects congressional concern 
    regarding equitable distribution of services to geographic areas and 
    eligible populations that have been underserved by the program.
        Changes: None.
    
    What Selection Criteria Does the Secretary Use? (Section 647.21)
    
        Comments: Several commenters questioned why the ``Need'' criterion 
    is based on the eligibility of students at the applicant institution 
    when the program legislation does not restrict an applicant's service 
    area to its own student population.
        Discussion: The Secretary agrees that the ``Need'' criterion as 
    published could inadvertently restrict the applicant's service area.
        Changes: Section 647.21(b) has been revised and reformatted to 
    appear as Sec. 647.21(a).
        Comments: One commenter suggested that Sec. 647.21(c)(2) would be 
    strengthened by adding an objectives section, which would require the 
    inclusion of information on specific process and outcome objectives 
    relative to the purposes of the McNair program, their relevance in 
    addressing the needs of the target group, and their clarity and 
    attainability given the project budget and other resources.
        Discussion: The Secretary has reviewed the proposed regulations and 
    determined that the inclusion of process and outcome objectives would 
    provide relevant information about the quality of the proposed project. 
    Further, to avoid duplication or overlap of information requested, 
    additional changes within the selection criteria have been made to 
    delete the criterion, ``Meeting the purpose of the McNair program,'' to 
    include a new criterion, ``Objectives,'' and to revise the criterion, 
    ``Plan of Operation.'' Also included is a redistribution of the points 
    that may be earned under each criterion.
        Changes: Section 647.21 (b) and (c) has been modified to include a 
    new criterion, ``Objectives,'' a revision of the ``Plan of Operation'' 
    criterion, and a modification of the point distribution.
        Comments: Several commenters suggested that Sec. 647.21(c)(2) 
    appeared to be overly restrictive by requesting information on time 
    commitments for all employees of the project rather than just those 
    designated as ``key'' personnel.
        Discussion: As a result of the overall modification of the program 
    selection criteria, the Secretary has concentrated all personnel 
    concerns in Sec. 647.21(d) of the revised selection criteria.
        Changes: Section 647.21 has been modified.
        Comments: One commenter suggested that the ``Plan of Operation'' 
    criterion failed to include language that mirrored section 402A(c)(6), 
    which encourages coordination among TRIO programs and other programs 
    for disadvantaged students regardless of their funding source.
        Discussion: The Secretary is aware of the legislative language to 
    coordinate programs for disadvantaged students and agrees that it 
    should be addressed in the regulations. Therefore, the selection 
    criteria, specifically Sec. 647.21(c)(8), have been modified to include 
    a request for pertinent information regarding any planned coordination 
    activities.
        Changes: Section 647.21(c)(2) has been redesignated as 
    Sec. 647.21(c)(8) and modified to include language requesting details 
    of planned coordination activities by the applicant.
        Comments: Several commenters objected to the inclusion of fee 
    waivers or tuition waivers as requirements for funding consideration 
    and point assignment included in Sec. 647.21(e)(3).
        Discussion: The Secretary has reviewed the pertinent section under 
    Sec. 647.21(e)(3) and has determined that the phrase in question is 
    appropriate. The waiving of fees is not required as a condition of 
    funding. Rather, the examples listed are but a few suggestions of the 
    many kinds of support that could be construed as positive in nature and 
    an indicator of institutional commitment.
        Changes: None.
        Comments: Several commenters questioned the requirement contained 
    in the proposed plan of operation (Sec. 647.21(c)(4)(i)), which states 
    that participants selected for the program be enrolled in programs of 
    study in which a doctorate degree is the terminal degree. It was the 
    consensus of the commenters that this language infers that students in 
    some pre-professional programs (such as law or medical technology) 
    might be ineligible for program participation.
        Discussion: The Secretary has reviewed the criterion and the 
    language in question has been deleted due to the overall modification 
    of the plan of operation. However, it should be noted that the intent 
    of section 402A describes the purpose of the McNair program as one that 
    motivates and prepares students for doctoral programs. Thus, this may 
    preclude some fields of study that terminate at the master's level and 
    some preprofessional programs.
        Changes: The plan of operation has been modified and the language 
    in question has been deleted.
        Comments: One commenter questioned the failure of the selection 
    criteria to include the award considerations contained in section 
    402E(d)(3) of the HEA that called for consideration of students 
    enrolled in projects authorized under this ``section.''
        Discussion: The reference in section 402E(d)(3) to this ``section'' 
    refers to section 402E of the HEA, which is the section authorizing the 
    McNair Program. Therefore, since the only Federal TRIO Program that 
    serves students already enrolled in institutions of higher education is 
    the Student Support Services program, the Secretary has interpreted 
    that section as applying to the Student Support Services program and 
    has revised Sec. 647.21(c)(3) accordingly.
        Changes: Section 647.21(c)(3) has been revised and redesignated as 
    Sec. 647.21(c)(1).
    
    How Does the Secretary Evaluate Prior Experience? (Section 647.22)
    
        Comments: One commenter suggested that the consideration of 
    information relevant to the previous five years of funding prior to the 
    fiscal year under funding consideration provided an insufficient time 
    frame to determine the relative success of projects in encouraging 
    students to enter doctoral study. The commenter suggested that seven to 
    ten years was a more accurate indicator of success in this area.
        Discussion: The Secretary agrees that seven to ten years may 
    provide a more comprehensive picture of the success of a project's 
    endeavors to assure that students enter or complete a program of study 
    leading to a doctoral degree. However, for the purposes of prior 
    experience, the most recent years' experience of the project is 
    considered adequate, and thus the rationale for the five-year cap, 
    since that is the maximum grant award period allowed under current 
    legislation. To ensure the consistent application of this policy, 
    Sec. 647.22(a) has been revised to clearly state that the period to be 
    considered is the performance period under an expiring McNair grant.
        Changes: Section 647.22(a) has been modified.
    
    What are Allowable Costs? (Section 647.30)
    
        Comments: Several commenters objected to the provision that 
    restricted the $2,400 stipend to the ``summer'' research internships. 
    They felt that this provision was overly restrictive and did not allow 
    the applicants flexibility in designing programs that most 
    appropriately meet the unique needs of the students to be served.
        Discussion: The Secretary has reconsidered the provision that ties 
    the payment of the $2,400 stipend to summer research internships. The 
    Secretary will allow the payment of stipends for research internships 
    that take place other than in the summer.
        Changes: Section 647.30(b) has been modified. Also, language has 
    been added to Sec. 647.30(c) to clarify that tuition, room and board, 
    and transportation costs are allowable only for summer internships 
    involving research.
    
    What are Unallowable Costs? (Section 647.31)
    
        Comments: Several commenters suggested that allowable costs should 
    include student fees for test preparation workshops, colloquia or other 
    courses that directly increase the likelihood of a student entering a 
    doctoral program.
        Discussion: The Secretary disagrees with the commenters because 
    this payment would constitute a form of direct student aid that is not 
    allowed under this program except as provided for in Sec. 647.30. The 
    provision of the workshops, colloquia or courses under the project for 
    all interested participants is, however, allowable.
        Changes: None.
    
    What Other Requirements Must A Grantee Meet? (Section 647.32)
    
        Comments: One commenter suggested that the phrase ``as a result of 
    the services'' be deleted from Sec. 647.32(b)(4) since the causal 
    connection between services and outcomes is often difficult to make.
        Discussion: The Secretary agrees that the phrase in the proposed 
    regulations may cause an undue hardship on grantees to demonstrate that 
    such a relationship exists.
        Changes: A change has been made in paragraph Sec. 647.32(b)(4) to 
    eliminate the phrase ``as a result of the services.''
    
    Paperwork Reduction Act of 1980
    
        Sections 647.21, 647.22, and 647.32 contain information collection 
    requirements. As required by the Paperwork Reduction Act of 1980, the 
    Department of Education will submit a copy of these sections to the 
    Office of Management and Budget (OMB) for its review. (44 U.S.C. 
    3504(h))
        Institutions of higher education and combinations of those 
    institutions are eligible to apply for grants to carry out McNair 
    Program projects. The Department needs and uses the information to make 
    grants. Annual public reporting burden for this collection of 
    information is estimated to average 20 hours per response for 68 
    respondents, including the time for reviewing instructions, searching 
    existing data sources, gathering and maintaining the data needed, and 
    completing and reviewing the collection of information.
        Organizations and individuals desiring to submit comments on the 
    information collection requirement should direct them to the Office of 
    Information and Regulatory Affairs, OMB, Room 10235, New Executive 
    Office Building, Washington, D.C. 20503; Attention: Daniel J. Chenok.
    
    Intergovernmental Review
    
        This program is subject to the requirements of Executive Order 
    12372 and the regulations in 34 CFR Part 79. The objective of the 
    Executive order is to foster an intergovernmental partnership and a 
    strengthened federalism by relying on processes developed by State and 
    local governments for coordination and review of proposed Federal 
    financial assistance.
        In accordance with the order, this document is intended to provide 
    early notification of the Department's specific plans and actions for 
    this program.
    
    Assessment of Educational Impact
    
        In the notice of proposed rulemaking, the Secretary requested 
    comments on whether the proposed regulations would require transmission 
    of information that is being gathered by or is available from any other 
    agency or authority of the United States.
        Based on the response to the proposed rules and on its own review, 
    the Department has determined that the regulations in this document do 
    not require transmission of information that is being gathered by or is 
    available from any other agency or authority of the United States.
    
    List of Subjects in 34 CFR Part 647
    
        Colleges and universities, Disadvantaged students, Discretionary 
    grants, Educational programs, Graduate education, Reporting and 
    recordkeeping requirement.
    
        Dated: August 17, 1994.
    David A. Longanecker,
    Assistant Secretary for Postsecondary Education.
    
    (Catalog of Federal Domestic Assistance Number 84.217 Ronald E. 
    McNair Postbaccalaureate Achievement Program.
    
        The Secretary amends Title 34 of the Code of Federal Regulations by 
    adding a new Part 647 to read as follows:
    
    PART 647--RONALD E. MCNAIR POSTBACCALAUREATE ACHIEVEMENT PROGRAM
    
    Subpart A--General
    
    Sec.
    647.1  What is the Ronald E. McNair Postbaccalaureate Achievement 
    Program?
    647.2  Who is eligible for a grant?
    647.3  Who is eligible to participate in a McNair project?
    647.4  What activities and services may a project provide?
    647.5  How long is a project period?
    647.6  What regulations apply?
    647.7  What definitions apply?
    
    Subpart B--Assurances
    
    647.10 What assurances must an applicant submit?
    
    Subpart C--How Does the Secretary Make a Grant?
    
    647.20  How does the Secretary decide which new grants to make?
    647.21  What selection criteria does the Secretary use?
    647.22  How does the Secretary evaluate prior experience?
    647.23  How does the Secretary set the amount of a grant?
    
    Subpart D--What Conditions Must Be Met by a Grantee?
    
    647.30  What are allowable costs?
    647.31  What are unallowable costs?
    647.32  What other requirements must a grantee meet?
    
        Authority: 20 U.S.C. 1070a-11 and 1070a-15, unless otherwise 
    noted.
    
    Subpart A--General
    
    
    Sec. 647.1  What is the Ronald E. McNair Postbaccalaureate Achievement 
    Program?
    
        The Ronald E. McNair Postbaccalaureate Achievement Program--
    referred to in these regulations as the McNair program--awards grants 
    to institutions of higher education for projects designed to provide 
    disadvantaged college students with effective preparation for doctoral 
    study.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    
    Sec. 647.2  Who is eligible for a grant?
    
        Institutions of higher education and combinations of those 
    institutions are eligible for grants to carry out McNair projects.
    
    (Authority: 20 U.S.C. 1070a-11, 1070a-15, 1088, and 1141(a) and 
    1144a)
    
    
    Sec. 647.3  Who is eligible to participate in a McNair project?
    
        A student is eligible to participate in a McNair project if the 
    student meets all the following requirements:
        (a) (1) Is a citizen or national of the United States; or
        (2) Is a permanent resident of the United States; or
        (3) Is in the United States for other than a temporary purpose and 
    provides evidence from the Immigration and Naturalization Service of 
    his or her intent to become a permanent resident; or
        (4) Is a permanent resident of Guam, the Northern Mariana Islands, 
    or the Trust Territory of the Pacific Islands; or
        (5) Is a resident of one of the Freely Associated States.
        (b) Is currently enrolled in a degree program at an institution of 
    higher education that participates in the student financial assistance 
    programs authorized under Title IV of the HEA.
        (c) Is--
        (1) A low-income individual who is a first-generation college 
    student;
        (2) A member of a group that is underrepresented in graduate 
    education; or
        (3) A member of a group that is not listed in Sec. 647.7 if the 
    group is underrepresented in certain academic disciplines as documented 
    by standard statistical references or other national survey data 
    submitted to and accepted by the Secretary on a case-by-case basis.
        (d) Has not enrolled in doctoral level study at an institution of 
    higher education.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    
    Sec. 647.4  What activities and services may a project provide?
    
        A McNair project may provide the following services and activities:
        (a) Opportunities for research or other scholarly activities at the 
    grantee institution or at graduate centers that are designed to provide 
    participants with effective preparation for doctoral study.
        (b) Summer internships.
        (c) Seminars and other educational activities designed to prepare 
    participants for doctoral study.
        (d) Tutoring.
        (e) Academic counseling.
        (f) Assistance to participants in securing admission to and 
    financial assistance for enrollment in graduate programs.
        (g) Mentoring programs involving faculty members or students at 
    institutions of higher education, or any combination of faculty members 
    and students.
        (h) Exposure to cultural events and academic programs not usually 
    available to project participants.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    
    Sec. 647.5  How long is a project period?
    
        (a) Except as provided in paragraph (b) of this section, a project 
    period under the McNair program is four years.
        (b) The Secretary approves a project period of five years for 
    applications that score in the highest ten percent of all applications 
    approved for new grants under the criteria in Sec. 647.21.
    
    (Authority: 20 U.S.C. 1070a-11)
    
    
    Sec. 647.6  What regulations apply?
    
        The following regulations apply to the McNair program:
        (a) The Education Department General Administrative Regulations 
    (EDGAR) as follows:
        (1) 34 CFR Part 74 (Administration of Grants to Institutions of 
    Higher Education, Hospitals, and Nonprofit Organizations).
        (2) 34 CFR Part 75 (Direct Grant Programs).
        (3) 34 CFR Part 77 (Definitions that Apply to Department 
    Regulations).
        (4) 34 CFR Part 79 (Intergovernmental Review of Department of 
    Education Programs and Activities).
        (5) 34 CFR Part 82 (New Restrictions on Lobbying).
        (6) 34 CFR Part 85 ((Governmentwide Debarment and Suspension 
    (Nonprocurement) and Governmentwide Requirements for Drug-Free 
    Workplace (Grants)).
        (7) 34 CFR Part 86 (Drug-Free Schools and Campuses).
        (b) The regulations in this Part 647.
    
    (Authority: 20 U.S.C. 1070a-11 and 1070a-15)
    
    
    Sec. 647.7  What definitions apply?
    
        (a) Definitions in EDGAR. The following terms used in this part are 
    defined in 34 CFR 77.1:
    
    Applicant
    Application
    Budget
    Budget Period
    EDGAR
    Equipment
    Facilities
    Fiscal Year
    Grant
    Grantee
    Project
    Project Period
    Public
    Secretary
    Supplies
    
        (b) Other definitions. The following definitions also apply to this 
    part:
        First-generation college student means--
        (1) A student neither of whose natural or adoptive parents received 
    a baccalaureate degree; or
        (2) A student who, prior to the age of 18, regularly resided with 
    and received support from only one parent, and whose supporting parent 
    did not receive a baccalaureate degree.
        (3) An individual who, prior to the age of 18, did not regularly 
    reside with or receive support from a natural or an adoptive parent.
        Graduate center means an educational institution as defined in 
    sections 481, 1201(a), and 1204 of the HEA; and that--
        (1) Provides instruction in one or more programs leading to a 
    doctoral degree;
        (2) Maintains specialized library collections;
        (3) Employs scholars engaged in research that relates to the 
    subject areas of the center; and
        (4) Provides outreach and consultative services on a national, 
    regional or local basis.
        Graduate education means studies beyond the bachelor's degree 
    leading to a postbaccalaureate degree.
        HEA means the Higher Education Act of 1965, as amended.
        Groups underrepresented in graduate education. The following ethnic 
    and racial groups are currently underrepresented in graduate education: 
    Black (non-Hispanic), Hispanic, and American Indian/Alaskan Native.
        Institution of higher education means an educational institution as 
    defined in sections 481, 1201(a) and 1204 of the HEA.
        Low-income individual means an individual whose family's taxable 
    income did not exceed 150 percent of the poverty level in the calendar 
    year preceding the year in which the individual participates in the 
    project. Poverty level income is determined by using criteria of 
    poverty established by the Bureau of the Census of the U.S. Department 
    of Commerce.
        Summer internship means an educational experience in which 
    participants, under the guidance and direction of experienced faculty 
    researchers, are provided an opportunity to engage in research or other 
    scholarly activities.
        Target population means the universe from which McNair participants 
    will be selected. The universe may be expressed in terms of geography, 
    type of institution, academic discipline, type of disadvantage, type of 
    underrepresentation, or any other qualifying descriptor that would 
    enable an applicant to more precisely identify the kinds of eligible 
    project participants they wish to serve.
    
    (Authority: 20 U.S.C. 1070a-11, 1070a-15, and 1141)
    
    Subpart B--Assurances
    
    
    Sec. 647.10  What assurances must an applicant submit?
    
        An applicant must submit as part of its application, assurances 
    that--
        (a) Each participant enrolled in the project will be enrolled in a 
    degree program at an institution of higher education that participates 
    in one or more of the student financial assistance programs authorized 
    under Title IV of the HEA;
        (b) Each participant given a summer research internship will have 
    completed his or her sophomore year of study; and
        (c)(1) At least two thirds of the students to be served will be 
    low-income individuals who are first-generation college students; and
        (2) The remaining students to be served will be members of groups 
    underrepresented in graduate education.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    Subpart C--How Does the Secretary Make a Grant?
    
    
    Sec. 647.20  How does the Secretary decide which new grants to make?
    
        (a) The Secretary evaluates an application for a new grant as 
    follows:
        (1)(i) The Secretary evaluates an application on the basis of the 
    selection criteria in Sec. 647.21.
        (ii) The maximum score for all the criteria in Sec. 647.21 is 100 
    points. The maximum score for each criterion is indicated in 
    parentheses with the criterion.
        (2)(i) For an application from an applicant who has carried out a 
    McNair project in the fiscal year immediately preceding the fiscal year 
    for which the applicant is applying, the Secretary evaluates the 
    applicant's prior experience on the basis of the criteria in 
    Sec. 647.22.
        (ii) The maximum score for all the criteria in Sec. 647.22 is 
    fifteen (15) points. The maximum score for each criterion is indicated 
    in parentheses with the criterion.
        (iii) If an applicant described in paragraph (a)(2)(i) of this 
    section applies for more than one new grant in the same fiscal year, 
    the Secretary applies the criteria in Sec. 647.22 to a project that 
    seeks to continue support for an existing McNair project on that 
    campus.
        (b) The Secretary makes new grants in rank order on the basis of 
    the total scores received by applications under paragraphs (a)(1) 
    through (a)(3) of this section.
        (c)(1) If the total scores of two or more applications are the same 
    and there are insufficient funds for these applications after the 
    approval of higher-ranked applications, the Secretary uses the 
    remaining funds to achieve an equitable geographic distribution of all 
    new projects.
        (2) In making an equitable geographic distribution of new projects, 
    the Secretary considers only the locations of new projects.
        (d) The Secretary may decline to make a grant to an applicant that 
    carried out a Federal TRIO Program project that involved the fraudulent 
    use of funds.
    
    (Authority: 20 U.S.C. 1070a-11 and 1070a-15)
    
    
    Sec. 647.21  What selection criteria does the Secretary use?
    
        The Secretary uses the following criteria to evaluate an 
    application for a new grant:
        (a) Need (16 Points). The Secretary reviews each application to 
    determine the extent to which the applicant can clearly and 
    definitively demonstrate the need for a McNair project to serve the 
    target population. In particular, the Secretary looks for information 
    that clearly defines the target population; describes the academic, 
    financial and other problems that prevent potentially eligible project 
    participants in the target population from completing baccalaureate 
    programs and continuing to postbaccalaureate programs; and demonstrates 
    that the project's target population is underrepresented in graduate 
    education, doctorate degrees conferred and careers where a doctorate is 
    a prerequisite.
        (b) Objectives (9 points). The Secretary evaluates the quality of 
    the applicant's proposed project objectives on the basis of the extent 
    to which they--
        (1) Include both process and outcome objectives relating to the 
    purpose of the McNair program stated in Sec. 647.1;
        (2) Address the needs of the target population; and
        (3) Are measurable, ambitious, and attainable over the life of the 
    project.
        (c) Plan of Operation (44 points). The Secretary reviews each 
    application to determine the quality of the applicant's plans of 
    operation, including--
        (1) (4 points) The plan for identifying, recruiting and selecting 
    participants to be served by the project, including students enrolled 
    in the Student Support Services program;
        (2) (4 points) The plan for assessing individual participant needs 
    and for monitoring the academic growth of participants during the 
    period in which the student is a McNair participant;
        (3) (5 points) The plan for providing high quality research and 
    scholarly activities in which participants will be involved;
        (4) (5 points) The plan for involving faculty members in the design 
    of research activities in which students will be involved;
        (5) (5 points) The plan for providing internships, seminars, and 
    other educational activities designed to prepare undergraduate students 
    for doctoral study;
        (6) (5 points) The plan for providing individual or group services 
    designed to enhance a student's successful entry into postbaccalaureate 
    education;
        (7) (3 points) The plan to inform the institutional community of 
    the goals and objectives of the project;
        (8) (8 points) The plan to ensure proper and efficient 
    administration of the project, including, but not limited to matters 
    such as financial management, student records management, personnel 
    management, the organizational structure, and the plan for coordinating 
    the McNair project with other programs for disadvantaged students; and
        (9) (5 points) The follow-up plan that will be used to track the 
    academic and career accomplishments of participants after they are no 
    longer participating in the McNair project.
        (d) Quality of key personnel (9 points). The Secretary evaluates 
    the quality of key personnel the applicant plans to use on the project 
    on the basis of the following:
        (1)(i) The job qualifications of the project director.
        (ii) The job qualifications of each of the project's other key 
    personnel.
        (iii) The quality of the project's plan for employing highly 
    qualified persons, including the procedures to be used to employ 
    members of groups underrepresented in higher education, including 
    Blacks, Hispanics, American Indians, Alaska Natives, Asian Americans 
    and Pacific Islanders (including Native Hawaiians).
        (2) In evaluating the qualifications of a person, the Secretary 
    considers his or her experience and training in fields related to the 
    objectives of the project.
        (e) Adequacy of the resources and budget (15 points). The Secretary 
    evaluates the extent to which--
        (1) The applicant's proposed allocation of resources in the budget 
    is clearly related to the objectives of the project;
        (2) Project costs and resources, including facilities, equipment, 
    and supplies, are reasonable in relation to the objectives and scope of 
    the project; and
        (3) The applicant's proposed commitment of institutional resources 
    to the McNair participants, as for example, the commitment of time from 
    institutional research faculty and the waiver of tuition and fees for 
    McNair participants engaged in summer research projects.
        (f) Evaluation plan (7 points). The Secretary evaluates the quality 
    of the evaluation plan for the project on the basis of the extent to 
    which the applicant's methods of evaluation--
        (1) Are appropriate to the project's objectives;
        (2) Provide for the applicant to determine, in specific and 
    measurable ways, the success of the project in--
        (i) Making progress toward achieving its objectives (a formative 
    evaluation); and
        (ii) Achieving its objectives at the end of the project period (a 
    summative evaluation); and
        (3) Provide for a description of other project outcomes, including 
    the use of quantifiable measures, if appropriate.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    
    Sec. 647.22  How does the Secretary evaluate prior experience?
    
        (a) The Secretary reviews information relating to an applicant's 
    performance as a grantee under its expiring McNair project. In addition 
    to the application under review, this information may be derived from 
    performance reports, audit reports, site visit reports, and project 
    evaluation reports received by the Secretary during the project period 
    about to be completed.
        (b) The Secretary evaluates the applicant's performance as a 
    grantee on the basis of the following criteria:
        (1) (3 points) Whether the applicant consistently served the number 
    and types of participants the project was funded to serve.
        (2) (4 points) Whether the applicant was successful in providing 
    the participants with research and scholarly activities and whether 
    those activities had an impact on project participants.
        (3) (8 points) The extent to which the applicant met or exceeded 
    its funded objectives with regard to project participants as 
    demonstrated by the number of participants who--
        (i) Attained a baccalaureate degree;
        (ii) Enrolled in a postbaccalaureate program; and
        (iii) Attained a doctoral level degree.
    
    (Authority: 20 U.S.C. 1070a-11 and 1070a-15)
    
    
    Sec. 647.23  How does the Secretary set the amount of a grant?
    
        (a) The Secretary sets the amount of a grant on the basis of--
        (1) 34 CFR 75.232 and 75.233 for new grants; and
        (2) 34 CFR 75.253 for the second and subsequent years of a project 
    period.
        (b) If the circumstances described in section 402A(b)(3) of the HEA 
    exist, the Secretary uses the available funds to set the amount of the 
    grant beginning in fiscal year 1995 at the lesser of--
        (1) $190,000; or
        (2) The amount requested by the applicant.
    
    (Authority: 20 U.S.C. 1070a-11)
    
    Subpart D--What Conditions Must Be Met by a Grantee?
    
    
    Sec. 647.30  What are allowable costs?
    
        Allowable project costs, not specifically covered by 34 CFR Part 
    74, may include the following costs reasonably related to carrying out 
    a McNair project:
        (a) Activities of an academic or scholarly nature, such as trips to 
    institutions of higher education offering doctoral programs, and 
    special lectures, symposia, and professional conferences, which have as 
    their purpose the encouragement and preparation of project participants 
    for doctoral studies.
        (b) Stipends of up to $2,400 per year for students engaged in 
    research internships, provided that the student has completed the 
    sophomore year of study at an eligible institution before the 
    internship begins.
        (c) Necessary tuition, room and board, and transportation for 
    students engaged in research internships during the summer.
        (d) Purchase of computer hardware, computer software, or other 
    equipment for student development, project administration, and 
    recordkeeping, if the applicant demonstrates to the Secretary's 
    satisfaction that the equipment is required to meet the objectives of 
    the project more economically or efficiently.
    
    
    Sec. 647.31  What are unallowable costs?
    
        Costs that may not be charged against a grant under this program 
    include the following:
        (a) Payment of tuition, stipends, test preparation and fees or any 
    other form of student financial support to staff or participants not 
    expressly allowed under Sec. 647.30.
        (b) Construction, renovation, and remodeling of any facilities.
    
    (Authority: 20 U.S.C. 1070a-5)
    
    
    Sec. 647.32  What other requirements must a grantee meet?
    
        (a) Eligibility of participants. (1) A grantee shall determine the 
    eligibility of each student before the student is selected to 
    participate. A grantee does not have to redetermine a student's 
    eligibility once the student has been determined eligible in accordance 
    with the provisions of Sec. 647.3; and
        (2) A grantee shall determine the status of a low-income individual 
    on the basis of the documentation described in section 402A(e) of the 
    HEA.
        (b) Recordkeeping. For each student, a grantee shall maintain a 
    record of--
        (1) The basis for the grantee's determination that the student is 
    eligible to participate in the project under Sec. 647.3;
        (2) The individual needs assessment;
        (3) The services provided to the participant; and
        (4) The specific educational progress made by the student during 
    and after participation in the project.
        (c) Other reporting requirements. A grantee shall submit to the 
    Secretary reports and other information as requested in order to 
    demonstrate program effectiveness.
        (d) Project director. A grantee shall designate a project director 
    who has--
        (1) Authority to conduct the project effectively; and
        (2) Appropriate professional qualifications, experience and 
    administrative skills to effectively fulfill the objectives of the 
    project.
    
    (Authority: 20 U.S.C. 1070a-15)
    
    [FR Doc. 94-20892 Filed 8-24-94; 8:45 am]
    BILLING CODE 4000-01-P
    
    
    

Document Information

Effective Date:
10/11/1994
Published:
08/25/1994
Entry Type:
Uncategorized Document
Action:
Final regulations.
Document Number:
94-20892
Dates:
These regulations take effect on or before October 11, 1994 or later if the Congress takes certain adjournments, except that compliance is not required with the information collection requirements in Sec. 647.21, 647.22, and 647.32 until the information collection requirements contained in these sections have been submitted by the Department of Education and approved by the Office of Management and Budget under the Paperwork Reduction Act of 1980. If you want to know the effective date of these ...
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 25, 1994
EONotes:
Revokes: EO 12923, June 30, 1994;; ; Continued by: Notice of August 15, 1995; Notice of August 14, 1996; Notice of August 13, 1997; Notice of August 13, 1998; Notice of August 10, 1999;; ; Revoked by: EO 13206, April 4, 2001;; ; See: EO 12002, July 7, 1977; EO 12214, May 2, 1980; EO 12735, November 16, 1990; EO 12755, March 12, 1991; EO 12851, June 11, 1993; EO 12981, December 5, 1995; EO 13020, October 12, 1996; Notice of August 3, 2000
CFR: (19)
34 CFR 647.22(a)
34 CFR 647.21(c)(8)
34 CFR 647.21(c)(1)
34 CFR 647.21(e)(3)
34 CFR 647.1
More ...