[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6580]
[[Page Unknown]]
[Federal Register: March 23, 1994]
_______________________________________________________________________
Part II
Corporation for National and Community Service
_______________________________________________________________________
45 CFR Parts 2510, 2513, et al.
Corporation Grant Programs and Support and Investment Activities; Final
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: Final rule.
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SUMMARY: The Corporation for National and Community Service (the
Corporation) is issuing this final 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 Nations education, public safety, human, and
environmental needs through national and community service. This rule
describes the different types of national and community service
programs the Corporation may support, the funding available for those
programs, the processes by which grants will be awarded, the training
and technical support services available for program development and
applications, and the Corporation's plans to invest in service
infrastructure.
EFFECTIVE DATE: March 23, 1994.
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:
Background Information
The Corporation's Mission
The Corporation's mission is to engage Americans of all ages and
backgrounds in community-based National service. This service will
address the Nations education, 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 Purpose of This Rule
The purpose of this rule is to establish policies and procedures
for the activities that 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'' through direct and demonstrable service, strengthening
communities, and developing the leadership and other skills of
participants. All programs, whether they involve elementary school
children or senior citizens, are equally able to achieve the goal of
strengthening communities `` 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. 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 getting things done and meeting the
educational or training needs of participants. By keeping this calculus
in mind, potential applicants can gauge the appropriate amount of
program resources that should be dedicated to participant education,
life skills training, and other types of participant support.
Proposed Regulations
On January 7, 1994, the Corporation for National and Community
Service published in the Federal Register (59 FR 1194) a proposed rule
implementing the National and Community Service Act of 1990, as
amended. In response to the proposed rule, the Corporation received
over 280 comments from, among others, States, Indian tribes, schools,
institutions of higher education, community-based organizations, public
and private nonprofit organizations, volunteer organizations, and
individuals.
Summary and Analysis of Public Comment
Many comments suggested changes to Corporation policies that were
discussed in the preamble to the Notice of Proposed Rulemaking but that
were not addressed by the rule itself. Although the Corporation is not
required to discuss these comments here, they have been considered
carefully and some changes have been made. The most salient of these
issues, along with updates to other non-regulatory Corporation
policies, are discussed separately in the section on Preamble Issues.
The Regulations Issues section summarizes substantive comments
received on the regulatory provisions of the Corporation's proposed
rule. Each issue that was raised in the comments is identified and
discussed, and, where appropriate, any changes to the regulations are
noted with regulatory citations.
Finally, the Corporation received a significant number of comments
that suggested changes to regulatory provisions that reflect statutory
requirements. None of these is discussed here. Also not discussed are
any technical, non-policy changes that were made either in response to
comments or as a result of internal review.
I. Preamble Issues: Comments on and Updates to Non-Regulatory
Corporation Policies
(A) Comments on Non-Regulatory Corporation Policies
Application Deadlines and Availability
A number of commenters requested that the Corporation move back the
deadlines for its various applications. The Corporation has done so.
The new deadlines for the announced competitions are as follows (please
note that the applications must be received by the Corporation by 6
p.m. Eastern time of the announced due dates):
------------------------------------------------------------------------
Program Application due dates
------------------------------------------------------------------------
Summer of Safety............................... March 14, March 21
Learn & Serve K-12, School-based............... April 22
Learn & Serve, Higher Education................ April 25
AmeriCorps National Direct..................... April 29
Innovative and Demonstration................... May 16
Learn and Serve K-12, Community-based.......... May 27
AmeriCorps State............................... June 22
------------------------------------------------------------------------
Applications may be obtained by writing the Corporation at 1100
Vermont Avenue, NW., Washington, DC 20525; by sending a fascimile
request to (202) 606-4871; or by calling (202) 606-4949. Applications
are also available on Internet. To retrieve applications via Internet,
please send a blank electronic message to: cncs@ace.esusda.gov. There
should be no text in the body of the message. An automatic response
will be sent back with information on how to retrieve the applications
through electronic mail, gopher and anonymous file transfer protocol
(ftp).
Since most local Americorps applicants (other than professional
corps) will be applying through their respective States, they should
contact their State Commissions to obtain applications.
National Priorities
The statute and regulations give the Corporation the authority to
establish priorities governing the competitive distribution of funds--
both directly and through the States. The Corporation received a number
of comments suggesting changes to and clarifications of both the
applicability and content of the national priorities. (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.) The national priorities, which have been
slightly revised, are as follows:
Education. School Readiness: Furthering early childhood
development; and
School Success: Improving the educational achievement of school-age
youth and adults who lack basic academic skills.
Public safety. Crime Prevention: Reducing the incidence of
violence; and
Crime Control: Improving criminal justice services, law
enforcement, and victim services.
Human needs. Health: Providing independent living assistance and
home- and community-based health care; and
Home: Rebuilding neighborhoods and helping people who are homeless
or hungry.
Environment. Neighborhood Environment: Reducing community
environmental hazards; and
Natural Environment: Conserving, restoring, and sustaining natural
habitats.
Two changes were made to the priorities. Within the education
priority, the former priority, ``School success: improving the
educational achievement of school-age children,'' was changed to
``School success: improving the educational achievement of school-age
youth and adults who lack basic academic skills.'' Within the human
needs priority, ``Home: Rebuilding neighborhoods and helping people who
are homeless,'' was changed to ``Home: Rebuilding neighborhoods and
helping people who are homeless or hungry.'' This amendment was made to
clarify that, as commenters suggested, programs designed to provide
basic academic skills to adults and hunger programs are included.
There were many suggestions for further changes to the priorities,
including the following: within Education, add priorities for English
as a Second Language, school-to-work transition, and programs targeting
out-of-school youth; within Public Safety, add programs that include as
participants former gang members and other troubled youth, as well as
fire-safety programs; within Environment, there were suggestions for
specific language changes. Similarly, there were suggestions for
additional priority categories: One commenter suggested adding programs
that target individuals with disabilities, and another suggested making
economic development a national priority.
After careful consideration, the Corporation did not make
additional changes to the national priorities. Most suggested changes
would have narrowed the priorities by delineating subcategories of
programs that already fit under the priorities as drafted. For example,
programs that include gang members as participants might apply under
the education priority as programs that prepare youth for school
success, under the public safety priority as programs that reduce
violence, or, depending on the activities of the participants, under
the human needs or environmental priorities. Indeed, quality programs
often involve an holistic approach to meeting local needs and thus
often address more than one national priority. The priorities are
designed to allow programs maximum flexibility to respond to unique
local needs but, concomitantly, to focus the investment of limited
Corporation funds to achieve demonstrable impact. To further narrow the
priorities would undermine these objectives. Programs should be aware
that the priorities are intended to provide parameters within which to
focus their efforts; more specific activities within these parameters
are allowable.
Several commenters expressed concern about whether every
participant or every project in a given program had to address one or
more of the priority areas in order for the program as a whole to
qualify. Every project and every participant in a program do not have
to be working in a priority area in order for the program to be
considered to meet a national priority; rather, the program as a whole
must substantially address one or more priority areas. The Corporation
intentionally has not attempted to quantify the definition of
``substantially address.'' Instead, the Corporation will make this
judgment on a case-by-case basis to allow for flexibility.
AmeriCorps State Applications
The Corporation has changed the State AmeriCorps application
process. The Corporation's previous plan considered the formula and
competitive components of a State's application to be discrete.
Programs had to be placed in one component or the other, and States did
not have the flexibility to rearrange the components of their
applications once submitted.
There were a number of reasons behind this policy. First, it is the
Corporation's policy to distribute competitive funds only to States
that receive their formula allocations; this suggests evaluating the
formula component of the applications prior to the competitive
component. Second, programs should know up front which component of the
State application they are in to be able to estimate accurately their
chances of receiving funding. Third, because State priorities may
differ from national priorities, some programs may not be eligible for
both formula and competitive funding. Fourth, it gives autonomy to the
States, allowing them to decide where to place programs. Finally, from
a logistical standpoint, the review process is kept relatively simple
by keeping the two components of the State application separate;
therefore, the Corporation would be able to finish the reviews quickly
and meet its goal of distributing funds to programs in the field on a
timely basis.
The major drawback of this policy is that it unnecessarily would
require States to make difficult decisions that, ultimately, may not
lead to the best programs being funded. Specifically, a State would
have to decide--for every program for which it wants to seek funding--
whether that program should go into the formula or competitive
component of its application. A State would have to decide whether to
take a risk and put its best programs into the competitive pool, or to
play it safe and place those programs in the formula portion of its
application. If the State gambled, put its best programs in the
competition, and those programs did not receive funding, then the best
programs in that State would go unfunded. That is not a desirable
outcome either for the States or for the Corporation.
For the above reasons, the Corporation has revised the application
process so that States will have the opportunity to replace programs
included in the formula portion of their application with programs that
were unsuccessful in obtaining competitive funding. The application and
simultaneous review processes will be as follows: (a) States will
submit applications consisting of the State Plan, formula programs,
and, at the State's discretion, competitive programs and a request for
program development assistance;
(b) If the State Plan is approved, and if a State's formula
programs meet a minimum quality threshold, that State's competitive
programs will be entered into the State competition;\1\
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\1\Those States that do not submit programs for competitive
funding, as well as those States that notify the Corporation in
advance that they will not want to revise their formula application
regardless of whether any or all programs they have submitted for
competitive funding receive funding, will have the formula
components of their applications processed before other States.
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(c) Through a peer and staff review process, the competitive
programs will be selected;
(d) States will be notified of which programs were selected in the
competition and given an opportunity to revise their formula
applications to include programs that were not selected in the
competition. (The Corporation will be neutral here--neither encouraging
nor discouraging States to put rejected competitive programs into the
revised formula list. This is the States' choice completely, although
at the request of the States the Corporation may provide review forms,
etc. which may aid States in assessing the quality of those programs);
and
(e) The formula portions of the State applications will receive
final approval from the Corporation.
It is the Corporation's view that this revision to the State
application process will leave most decisions in the hands of the
States, allow for the best programs to be funded, and still get
programs up and running quickly.
Eligibility of U.S. Territories for State Competitive Funds
At the request of one commenter, the regulations (Sec. 2521.30)
have been amended to clarify that U.S. Territories are eligible to
apply for State Competitive funds and educational awards if they
receive their formula allotments. Each eligible Territory may include
up to three programs in its application for State competitive funds.
Timeline
One commenter objected to the timelines established for the
completion of the State Plan and State applications. In particular, the
commenter stated that the tight timelines would make it difficult to
coordinate State grant applications with the State Plan. Several
commenters noted that the timing of notification of funding will make
it difficult to hire staff, which usually happens in the spring.
The Corporation agrees that the timeline is very tight and regrets
any inconveniences it will cause. In future years, programs will have
significantly longer to prepare applications. However, in fiscal year
1994, the current timeline is necessary in order for Corporation-funded
programs to be up and running by the Fall.
Starting Dates and Attrition Policies
One commenter suggested that all participants should not be
required to start at the same time and that vacancies be filled on a
rolling basis. Another commenter suggested the option of a mid-year
starting date to fill vacant positions.
The regulations allow for policies to change over time if
experience demands a revision. The current policy allows programs to
begin terms of service in June, September or January. All participants
in a program need not start simultaneously--thus one class could serve
September-September, another January-January, thereby allowing the
option of a mid-year starting date to fill vacancies. In addition, if a
program can demonstrate a compelling reason for alternative starting
dates, including the need for rolling admissions, the Corporation may
waive this requirement.
Allocation of Educational Awards Within Programs
One commenter expressed concern that not treating all participants
the same in terms of educational awards might be a disadvantage in the
selection process. The commenter suggested that it should not be a
selection criterion.
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
thus may arise for some participants (who are serving in approved
AmeriCorps positions) to receive AmeriCorps educational awards while
other similar participants 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. An
example of the latter of these is a corps where team leaders receive
AmeriCorps education awards whereas regular corps participants do not.
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 from non-
Corporation funds 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 will not
approve rationales based solely on a determination of economic need of
participants.
The existence of a reasonable method of allocating educational
awards will still be a selection criterion; however, in cases where
programs have legitimate reasons for not offering educational awards to
all participants, those programs will not be disadvantaged in any way
in the selection process.
AmeriCorps Priorities for Existing Grantees and for Programs Targeting
Participants with College Experience
Some commenters suggested that programs involving college-educated
participants should not be given priority for funding in the national
direct competition.
Although current grantees of the Commission on National and
Community Service--which have a high percentage of participants without
college experience--are not guaranteed funding, they receive a priority
for funding. The special consideration for programs involving
individuals with college experience was provided in order to achieve
the overall goal of diversity across programs based on many factors. An
alternative would be to drop both the priority for existing grantees
and the special consideration for programs involving individuals with
college experience. However, given the need to include a base of
experienced programs and the advisability of completing the third year
of programs that received three-year grants from the Commission, the
applications retain the first alternative.
Potential applicants should be aware that special consideration is
not the same as an absolute preference. Nor does it mean that every
participant must be college-educated in order for a program to receive
special consideration, or that no programs involving youth who have not
attended college will be funded in the national direct competition.
Rather, the purpose of the special consideration is to ensure that
participants with and without college experience are both represented
in National service.
Small State Priority in the AmeriCorps State Competition
Several commenters requested that the regulations be revised to
increase from 20 to 50 both the recommended minimum number of
participants in a program and the priority for small states in the
State competition.
After careful consideration, the Corporation has not changed these
policies. Because there are many high-quality programs with between 20
and 50 participants, and because the Corporation does not want to send
the message that these programs should consider expanding to 50
participants, the recommended minimum size of a program has not been
raised to 50. Similarly, the Corporation chose not to raise the small
State priority to 50 participants because it would have resulted in
approximately half the States receiving the priority. States with
widely disparate populations thus would be treated equally. This is not
only unfair to the larger of these States but undermines Congress'
intent of distributing these AmeriCorps funds in proportion to
population.
Relocation Expenses
In the preamble to the January 7 notice of proposed rulemaking, the
Corporation stated that it would pay for the relocation expenses of
participants who are recruited by the Corporation or the State
Commissions and need to move in order to participate. One commenter
argued that this is a poor use of scarce resources.
The Corporation has revised this policy such that the Corporation
will only pay reasonable relocation expenses in instances where
participants would not be able to participate without this support.
(B) New and Updated AmeriCorps Tables
Maximum Number of Programs in the AmeriCorps Competitive State
Applications
One commenter suggested that the Corporation revisit whether any
restrictions should be placed on how many AmeriCorps programs may be
submitted in a State competitive application. The Corporation has
limited the number of programs a State may include in its application
for competitive funding to three plus an additional program for each
full percentage point of the total State population (rounded to the
nearest full percentage point) that State contains.
The Corporation is not changing this policy for a number of
reasons. First, from a purely pragmatic standpoint, some sort of
limitation must be placed on the overall number of applications. If the
Corporation is inundated with applications it will be difficult to
ensure that each application is properly reviewed. Second, the
Corporation wants to encourage States to submit only their very best
programs. Finally, it is likely that with the restriction now in place
only about one in five programs submitted will actually be funded. It
would be unfair to programs to allow a significantly larger number of
submissions.
The table providing the number of programs that may be included in
the competitive component of each State application has been updated as
follows to incorporate the latest population estimates (July 1, 1993)
from the Bureau of the Census.
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.................................................... 5
California................................................. 15
Colorado................................................... 4
Connecticut................................................ 4
Delaware................................................... 3
D.C........................................................ 3
Florida.................................................... 8
Georgia.................................................... 6
Hawaii..................................................... 3
Idaho...................................................... 3
Illinois................................................... 7
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
------------------------------------------------------------------------
Formula Allocation of AmeriCorps Program Funds and Educational Awards
to States
The following table has been updated based on the latest estimates
(July 1, 1993) from the Bureau of the Census:
Formula Allocation of Program Funds and Americorps Educational Awards to
States
------------------------------------------------------------------------
Educational
State Program funds awards
------------------------------------------------------------------------
Alabama................................. $830,163 60
Alaska.................................. 118,765 9
Arkansas................................ 480,610 35
Arizona................................. 780,397 57
California.............................. 6,188,252 448
Colorado................................ 707,036 51
Connecticut............................. 649,736 47
Delaware................................ 138,790 10
D.C..................................... 114,601 8
Florida................................. 2,712,156 197
Georgia................................. 1,371,444 99
Hawaii.................................. 232,374 17
Idaho................................... 217,900 16
Illinois................................ 2,319,182 168
Indiana................................. 1,132,725 82
Iowa.................................... 557,936 40
Kansas.................................. 501,825 36
Kentucky................................ 751,251 54
Louisiana............................... 851,576 62
Maine................................... 245,658 18
Maryland................................ 984,418 71
Massachusetts........................... 1,192,008 86
Michigan................................ 1,879,217 136
Minnesota............................... 895,592 65
Mississippi............................. 524,032 38
Missouri................................ 1,037,753 75
Montana................................. 166,350 12
Nebraska................................ 318,622 23
Nevada.................................. 275,399 20
New Hampshire........................... 223,055 16
New Jersey.............................. 1,562,181 113
New Mexico.............................. 320,407 23
New York................................ 3,607,947 261
North Carolina.......................... 1,376,996 100
North Dakota............................ 125,902 9
Ohio.................................... 2,199,029 159
Oklahoma................................ 640,615 46
Oregon.................................. 601,159 44
Pennsylvania............................ 2,388,775 173
Puerto Rico............................. 698,320 51
Rhode Island............................ 198,272 14
South Carolina.......................... 722,303 52
South Dakota............................ 141,764 10
Tennessee............................... 1,010,986 73
Texas................................... 3,575,033 259
Utah.................................... 368,785 27
Vermont................................. 114,204 8
Virginia................................ 1,286,980 93
Washington.............................. 1,041,917 76
West Virginia........................... 360,854 26
Wisconsin............................... 998,892 72
Wyoming................................. 93,188 7
-------------------------------
Totals.............................. 51,833,333 3,756
------------------------------------------------------------------------
Formula Allocation of AmeriCorps Program Funds and Educational Awards
to Territories
In fiscal year 1994, the Corporation has set aside $1,550,000 and
up to 112 educational awards to be distributed to U.S. Territories on a
formula basis. The amount of a Territory's program funds allocation is
determined by multiplying the total amount of money available by the
ratio of that Territory's population to the population of all the
Territories. (Population figures are taken from the 1990 Census, the
most recent official figures available.) The maximum number of
educational awards for which a Territory may apply is determined by
dividing that Territory's formula funds allocation by the expected
average Federal share of program costs per participant ($13,800).
Formula Allocation of AmeriCorps Program Funds and Educational Awards to
Territories
------------------------------------------------------------------------
Educational
Territory Program funds awards
------------------------------------------------------------------------
American Samoa.......................... $213,104 15
Commonwealth of the Northern Mariana
Islands................................ 197,485 14
Guam.................................... 606,685 44
Palau................................... 68,898 5
Virgin Islands.......................... 463,855 34
------------------------------------------------------------------------
Competitive Distribution of AmeriCorps Program Funds and Educational
Awards to Indian Tribes
The Corporation has set aside $1,550,000 and up to 112 educational
awards for competitive distribution to Indian tribes.
II. Regulations Issues
General Comments
(1) Multiple applications. Several commenters asked for
clarification of the multiple applications rule.
This rule states that the Corporation will reject any application
for a project if an application requesting funding for that project is
already pending before the Corporation. In other words, a program can
only submit one application at a time for Corporation funds (either
directly or indirectly) for a given project.
Confusion sometimes arises over the difference between a program
and a project. For the Corporation's purposes, a program recruits and
selects participants, trains them, and places them in projects; a
project is a specific set of related activities carried out by a
program. A program may conduct or undertake more than one project and
receive Corporation funding from different pools for those projects. A
program is allowed, for example, to propose one project in a national
direct application and another project in a State formula application.
However, an applicant may not propose the same project for funding in
more than one application at the same time. Thus if a program submits
an application for a project in the national direct competition, that
project may not also be included in a State application. (Once an
applicant is notified that a proposal has been rejected, however, the
applicant is free, if time permits, to resubmit the proposal in a
different Corporation grant competition.)
Change: Secs. 2516.730, 2517.730, 2519.730 and 2522.320 have been
revised.
(2) Reinventing government. One commenter urged the Corporation to
include regulatory provisions that would encourage States to minimize
administrative burdens on grantees by streamlining reimbursement and
contracting procedures, as well as by providing cash advances to
grantees when possible.
The Corporation will issue separate administrative regulations that
will require States and other grantmaking entities receiving grants
from the Corporation to provide cash advances and prompt expense
reimbursements to subgrantees. Contracting procedures for supplies and
services are governed primarily by State regulations and OMB Circulars
102 and 110.
Part 2510--Overall Purposes and Definitions
Definition of administrative costs (Sec. 2510.20). A number of
commenters requested clarification of and suggested changes for the
definition of administrative costs. One commenter stated that insurance
costs should not count as administrative costs in certain instances;
another argued that costs such as rent, utilities, travel, supplies,
etc. should be allocated through an approved joint cost allocation
plan; another stated that indirect costs that directly support programs
should not be treated as administrative costs.
The Corporation agrees that the definition of administrative costs
was not sufficiently clear and it has been rewritten in response to
these comments.
Change: Sec. 2510.20 has been revised.
Part 2513--State Plan
(1) Coordination. Some commenters recommended including a
requirement that States include in their State Plans a description of
how their activities will be coordinated with those of the State agency
responsible for administering the Community Service Block Grant Act and
with other State agencies.
The Corporation encourages each State to develop a truly
comprehensive and coordinated national and community service effort.
However, the Corporation declines to require such coordination.
(2) Consideration of State Plan. One commenter requested that the
Corporation state in the regulations what weight the State Plan will
have in the evaluation of State applications.
The Corporation agrees that this is an important piece of
information for States as they put together applications. The
applications will indicate the extent to which the State Plan will be
considered. However, because the Corporation wishes to maintain
flexibility on this issue, it has not been incorporated into the
regulations.
(3) Consolidation. One commenter suggested consolidating the SEA
and State Commission plans into one.
Again, the Corporation encourages coordination of efforts, and a
consolidated plan perhaps would be a good means for a State to
accomplish this. However, due to the separation between State Education
Departments and other agencies in many States, this will not be
established as a requirement.
Parts 2515-2517--K-12 Learn and Serve Programs
(1) Training investment. Several commenters recommended that the
Corporation require 5-10% of a program's Learn and Serve grant to be
spent on training.
The Corporation agrees that adequate training--for both staff and
participants--is a critical component of any high-quality program. In
general, States and Indian tribes that receive K-12 school-based grants
must spend a total of between 10% and 15% of those funds on training
and capacity building. Moreover, in order to receive a grant, a program
will have to demonstrate the existence of an appropriate training
program. Because the training and capacity-building needs of the
various other entities eligible to apply for school and community-based
Learn and Serve America grants vary widely, the Corporation is not
setting regulatory guidelines on what percentage of those grants must
be spent on training and capacity building. However, the Corporation
reserves the right to set such guidelines in the applications.
(2) Partnerships. Several commenters suggested that the definition
of ``partnership'' be revised to require that the written agreement
specify the partnership's goals and activities, as well as the
responsibilities of each partner.
The Corporation has made this change.
Change: Sec. 2510.20 has been revised.
(3) Coordination. Some commenters suggested that the meaning of
coordination should be clarified so that nonprofits and grant-making
entities are required to communicate with State Commissions, but not to
receive their approval to go ahead with the program.
Coordination is not a program requirement for K-12 programs.
Rather, programs must describe in their applications the extent to
which they have coordinated with State Commissions. The regulations
have been revised to indicate that while coordination should include
meeting and consulting with State Commissions, it does not imply that
those State Commissions have the power to approve or disapprove a
program.
Change: Secs. 2516.410(a)(1) and 2517.400(a)(3) have been revised.
(4) Preselection of community-based programs. One commenter
objected to the regulatory requirements for pre-selection of programs
(Sec. 2517.400). Some commenters noted that the competitive process is
likely to be circumvented if the Corporation requires preselection
because of the tightness of the timeline.
The regulations have been revised to not require preselection.
Under the final regulations, State Commissions and grantmaking entities
applying for Learn and Serve America community-based service-learning
grants are not required to preselect their proposed subgrantees.
However, State Commissions and grantmaking entities are expected to
describe in detail the types of models that would be funded through
grants to local partnerships.
Change: Sec. 2517.400 has been revised.
(5) Components of School-based application. Several commenters
recommended that the regulations be revised to more specifically
identify the application requirements and selection criteria. For
example, one commenter suggested that the application described in
Sec. 2516.400(a) include descriptions of the following items: The
relationship between the program goals and strategic plans of the State
Plan and SEA Plan; the relationship of the SEA Plan and the strategic
goals of the SEA's systemic education reform efforts; the relationship
of the SEA Plan and the program development plan of the State
Commission's K-12 Community-based program; and the relationship of the
SEA plan and specific systemic reform and school improvement efforts in
the State or among targeted LEAs. The same commenter suggested that
under Sec. 2516.410(c) applicants be required to ensure that a
mechanism is provided by which school and community needs will guide
the integration of service-learning into existing curriculum in order
to meet those needs. Another commenter recommended a number of
additions to Sec. 2516.500.
Many of these recommendations are in fact incorporated into the
applications; however, in order to maintain flexibility in the
application and selection process, the Corporation has elected not to
include them in the regulations.
(6) Educational award eligibility. One commenter recommended
including a provision for the K-12 Learn and Serve programs analogous
to the higher education provision in Sec. 2519.310 which states that,
in general, participants are not eligible to receive educational
awards.
This recommendation has been adopted.
Change: a Sec. 2516.320 has been added to the regulations.
(7) Monitoring and evaluation. Several commenters suggested
additions to and requested clarification of the monitoring and
evaluation Secs. 2516.800-850.
In response, the Corporation has made three changes: First, because
monitoring activities go beyond those included in the proposed sections
on ``monitoring and Evaluation,'' the word monitoring has been removed
from Subparts E and H. The Corporation now refers to monitoring
functions that fall within the purview of evaluation as internal
evaluation. Second, the Corporation has added the requirement for
programs, States and grantmaking entities to cooperate fully with all
Corporation evaluation activities. Third, the Corporation has added the
requirement for the Corporation to ``study the extent to which national
service models enable participants to afford post-secondary education
with fewer student loans'' when evaluating the overall success of
AmeriCorps.
Change: Secs. 2516.800-850 have been revised.
Part 2519--Higher Education Learn and Serve Programs
(1) Application review. One commenter suggested that the review
process in Sec. 2519.500 be more specific and include peer review,
rankings and reviewer comments, and that there be a written protocol
for the CEO to cover situations where a highly ranked application is
not funded.
These are good ideas, and many of them may in fact be included in
the review process. Specifically, in fiscal year 1994 programs will
definitely be subject to peer review. However, since the Corporation
may want to improve the review process from year to year, these
provisions are not incorporated into the regulations.
(2) Where can higher education programs operate? One commenter
expressed concern that the neighboring communities language in 2519.100
would not allow a program to operate across State lines.
The Corporation's intent was that higher education programs should
address needs in the communities where the programs operate, regardless
of where the institution of higher education is located. The
regulations have been revised to make this clear.
Change: Sec. 2519.100 has been revised.
Parts 2520-2524--AmeriCorps
(1) Living Allowance Match. Under the proposed regulations,
programs receiving educational awards only grants were exempt from the
living allowance requirement. One commenter suggested that they should
not be, arguing that it would make it more difficult for low-income
individuals to participate.
The Corporation has revised its regulations to not allow this
exemption.
Change: Sec. 2522.240 has been revised.
Another commenter requested that grantees be able to provide their
15% match for living allowances on an in-kind basis.
In general, the Corporation wants to ensure that every AmeriCorps
participant receives a living allowance sufficient to meet reasonable
expenses while participating. By definition, a living allowance match
must be in cash. However, in certain instances where a program has
received a waiver from providing the minimum living allowance, the
Corporation will consider on a case-by-case basis waiving or reducing
the matching requirement. For example, a program that houses its
participants may not count that housing as an in-kind match, but it may
be eligible to apply to have the 15% matching requirement waived or
reduced.
Change: A section (5)(iii), allowing for waivers of the 15%
matching requirement, has been added to Sec. 2522.240(b).
(2) Preselection of programs. Commenters objected to the
requirement that applicants for AmeriCorps preselect and specifically
identify in their applications the subgrantees they will fund. Some
commenters argued that because of the tightness of the timeline, the
competitive process is likely to be circumvented if preselection is
required.
Although the Corporation appreciates the difficulties preselection
raises in light of the timeline, for both legal and policy reasons this
requirement has not been changed. The statute requires a State
applicant to describe the ``jobs or positions into which participants
will be placed'' (section 130(c)(1)). It is the Corporation's view that
such a description would be inadequate without a corresponding
description of the programs in which those jobs or positions would be
located. Moreover, section 130(b)(2) of the statute requires
``description of the process and criteria by which the programs were
selected.'' From a policy standpoint, preselection is required in order
to ensure that the Corporation funds only high-quality programs.
(3) Diversity. Several commenters recommended modifications to the
participant diversity provisions contained in Sec. 2522.100. One
commenter stated that programs that are unable to achieve racial and
gender diversity should not receive Federal funds. Conversely, other
commenters expressed concern that the racial diversity requirement may
exclude eligibility minority agencies that would have predominantly
minority participants. A number of commenters suggested that the
Corporation require diversity of program staff and include that as an
evaluation criterion. One commenter suggested that the Corporation
encourage programs to engage in joint activities with organizations
involving participants of different backgrounds to enhance community-
building.
The Corporation declines to make the achievement of diversity a
requirement or to establish regulatory exceptions to the mandate that
every program seek diversity. The Corporation, in establishing the
requirement that every program actively seek to be diverse in a number
of important areas, attempted to strike a balance between competing
concerns. On the one hand, diverse programs will help strengthen
communities. On the other hand, there are some very good programs that,
for legitimate substantive reasons, will not to be able to achieve
diversity in one or more ways. The requirement, as written, will lead
to diverse programs except in cases where diversity does not make sense
or is not attainable (e.g., a professional corps program requiring
specific skills or education should not be required to include as
participants individuals who do not have such skills or education).
The Corporation agrees with the suggestion that programs also
should seek actively to establish a diverse staff. In many cases where
a program's staff is very small, it may not always be possible to have
a staff that is diverse in all ways. Within these constraints, however,
programs should seek to establish a staff that is as diverse as
possible.
Finally, the Corporation agrees that--especially for programs that
lack diversity in one or more ways--it is a good idea for programs to
engage in joint activities with organizations involving participants of
different backgrounds to help build communities; programs are
encouraged to do so where possible.
Change: Sec. 2522.100(f) has been modified to include staff
diversity.
(4) 50% rule. One commenter recommended that the Corporation drop
the waiver provision from the requirement that at least 50% of funds
going to each State go to high-need areas. (Sec. 2521.30(b)(3)(iii))
In principle, the Corporation believes strongly that each State
should in fact do everything possible to comply with the 50%
requirement. Thus in order to attain a waiver from this provision, a
State will have to demonstrate in an extremely compelling manner not
only that there are not enough viable high-quality programs operating
in areas of need within the State to meet the 50% requirement, but that
it has made a good-faith effort to locate such programs. Finally, no
waivers will be granted to individual States if it would necessitate
not complying with the 50% rule in the aggregate.
The Corporation is statutorily required to ensure that a minimum of
50% of the total funds going to States go to high-need areas. And
although the Corporation is committed to meeting this requirement in
the aggregate, it may not always be possible to meet the requirement on
a State-by-State basis. For example, the Corporation's review process
may result in the selection in a given State of a high-quality program
that does not operate in an area of need. If there were not other high-
quality programs within that State that did operate in high-need areas,
without the waiver provision the Corporation would be unable to fund
the high-quality program. For this reason, the waiver provision has
been retained.
(5) Participant eligibility. (2522.200(b)) One commenter stated
that the regulations state that a participant must have a high-school
diploma to participate, whereas in fact a diploma is only required to
receive the educational award.
This section has not been changed. The regulations state that in
order to participate an individual must either have a high school
diploma or its equivalent, commit to obtaining one, or be deemed unable
to obtain one.
(6) National Leadership Pool and Recruitment. (2522.210(b)(1)(c))
The Corporation received a number of comments on the national
leadership pool and recruitment requirements. One commenter suggested
that the regulations allow anyone recruited to the national leadership
pool to be placed back into his or her original program. The same
commenter argued that programs should not be required to accept
national leadership pool participants; instead, the Corporation should
operate a pilot leadership program. Other commenters suggested that the
Sec. 2522.100 requirement that AmeriCorps programs agree to select a
certain percentage of participants from the national and state
recruiting pools be eliminated.
In order to maintain regulatory flexibility, these requirements
have not been amended. To the extent that these comments are
incorporated into Corporation policy it will not be done in regulations
but rather in application materials and other guidelines. However, two
items should be noted: (a) Although programs must agree to accept a
certain percentage of nationally recruited participants, the
Corporation may not require every program to do so, and will likely
consider exceptions on a case-by-case basis; and (b) programs will not
be required to accept leadership pool participants.
(7) Child Care. (2522.250(a)) One commenter argued that child care
benefits should go to prospective participants who have undependable
child care as well as to participants who don't have child care at all.
This regulation has not been changed; as written, it closely tracks
the statute. Programs will provide child care assistance to
participants who need it in order to participate; they will determine
on a case-by-case basis whether individuals are eligible. A prospective
participant with extremely undependable child care could certainly
argue that he or she would not be able to participate without child
care benefits.
(8) Health Care. (2522.250(b)) One commenter stated that the
regulations should clarify that AmeriCorps participants should not be
asked to pay premiums or deductibles, that the health care plan should
include preventive and pregnancy care, as well as eye and dental care
and workers compensation, and that there should be a 1-2 month delay in
eligibility, since attrition is highest during this period.
The Corporation will issue written guidelines setting forth the
required specifications of the AmeriCorps health care package. These
comments will be taken into consideration in the development of
policies at that time. In addition, the health care section of the
regulations has been rewritten to provide greater clarity.
Change: Sec. 2522.250 has been revised.
(9) State Priorities. (2522.410(b)(1)(i)) One commenter argued that
States should be encouraged to adopt priorities that fit within the
national priorities. The commenter felt that this would facilitate a
comprehensive, focused national service effort.
The Corporation agrees that requiring States to adopt national
priorities might create a more focused national effort, but this change
was not made because the Corporation strongly believes that it was
Congress' intent to maintain a large degree of State autonomy with
formula funds. States are in the best position to judge which needs are
most pressing within a State and thus what the State priorities should
be.
(10) Program types. One commenter recommended for inclusion in the
regulations additional provisions relating to the needs of inner
cities. Specifically, the commenter recommended adding an example to
Sec. 2522.110(b)(1) of a community service program in a high
unemployment, high need urban area. The commenter also suggested that
the provision describing a program for economically disadvantaged
individuals (Sec. 2522.110(b)(3)) be expanded to add a requirement that
it meet the employment needs of low income people and the business
development needs of inner city neighborhoods.
These changes have not been made. The program types included in the
regulations are all taken directly from the statute. More importantly,
as discussed in the January 7 preamble, a program does not necessarily
have to be listed as a program type in Sec. 2522.110 in order to
receive a grant. The Corporation has designated any program that meets
the minimum program requirements listed in Sec. 2522.100 as eligible to
apply for a grant.
(11) Higher education cap. Several commenters argued that the
regulations should restrict to 10% the percentage of a State's
educational award formula allotment that institutions of higher
education may receive.
The Corporation declines to regulate on this issue. Which programs
are proposed for funding in the State formula allotment, and how any
available educational awards are distributed among them, is up to the
States.
(12) Ineligible service activities. (Sec. 2520.30) A number of
commenters suggested that the Corporation revise the treatment of
provisions prohibiting lobbying by participants in the course of their
service. A number of commenters argued that the list of prohibited
activities was too large and went beyond the statute. Some commenters
stated that the proposed regulations would have an overly restrictive
impact on programs and participants.
The Corporation believes the service activity restrictions will not
have a negative impact on programs or participants and that the list
will keep programs focused on service that has direct and demonstrable
results. However, the Corporation does not intend to limit the right of
individuals to engage in any of the prohibited activities voluntarily
and on their own time. Accordingly, the regulations have been amended.
Change: Sec. 2520.30 has been revised.
(13) Selection criteria. One commenter suggested rewriting the
AmeriCorps selection criteria so that replicability and sustainability
are more closely linked with innovation, rather than listing
innovation, replicability and sustainability as separate criteria.
Another commenter suggested adding a selection criterion which would
consider the extent to which programs promote diversity, community-
building and citizenship.
The regulatory selection criteria have been drafted broadly to
allow for flexibility from year to year and therefore are not being
changed. The fiscal year 1994 selection criteria contained in the
applications will stress the extent to which programs are likely to
achieve the three desired impacts: ``getting things done,'' improving
the lives of participants, and strengthening the ties that bind
communities together.
(14) Federal agency eligibility. One commenter requested
clarification in Sec. 2523.20 on whether ``cabinet-level department''
would include an executive agency.
Executive agencies are eligible. The regulations have been revised,
replacing ``cabinet-level department'' with ``Executive Branch Agency
or Department.''
Change: Sec. 2523.20 has been amended.
(15) Approved partnerships. One commenter asked for clarification
of the term ``approved partnership or consortium'' as used in
Sec. 2523.60. Specifically, the commenter asked for an explanation of
how a partnership or consortium is approved.
Partnerships will be approved by the Corporation as part of the
application process.
Change: Sec. 2523.60 has been amended.
(16) Program requirements addition. (Sec. 2522.100) One commenter
suggested that the Corporation add a requirement that AmeriCorps
programs provide career counseling to participants.
The Corporation did not add this as a program requirement because
programs are already required under Sec. 2522.100(k)(1) to provide
support services to participants who are making the transition to
careers.
(17) National nonprofit eligibility. One commenter requested
clarification of the eligibility of national nonprofit organizations to
apply for funding through subgrants, as well as directly from the
Corporation.
Because national nonprofits are by definition nonprofit
organizations, they are eligible to apply as subgrantees to States,
Federal agencies, and other grantmaking organizations. In addition, in
fiscal year 1994 they are eligible to apply for national direct
funding.
(18) Operating grant definition. One commenter noted that the
description of operating grants in Sec. 2521.20 of the regulations
refers only to new or expanded programs. The commenter suggested adding
on-going support for existing high-quality programs.
The Corporation agrees that the statute authorizes on-going support
to operate programs.
Change: Sec. 2521.20 has been revised.
(19) National direct coordination. Several commenters were
concerned that the requirement that programs coordinate with the State
commissions places too much power in the State Commissions. One
commenter suggested that the regulations be revised to require national
program applicants to meet and consult with State Commissions and to
encourage, but not require, coordination of their efforts.
The Corporation did not intend the coordination requirement to
require State Commission approval. The regulations have been revised to
clarify the extent of coordination that is required.
Change: Sec. 2522.100 has been revised.
(20) Dissemination of information. (Sec. 2522.210) The regulations
list a number of entities through which the Corporation will
disseminate information regarding available AmeriCorps positions.
Several commenters suggested adding community-based organizations to
this list.
This change has been made.
Change: Sec. 2522.210 has been revised.
(21) Training investment. One commenter suggested that the
Corporation require the grantees to spend between 5 and 10% of any
grant on staff and participant training activities.
The Corporation agrees that adequate training--for both staff and
participants--is a critical component of any high-quality program. In
order to receive a grant, a program will have to demonstrate the
existence of an appropriate training program. But because the training
and capacity-building needs of the various other entities eligible to
apply for AmeriCorps grants vary widely, the Corporation is not setting
regulatory guidelines on what percentage of those grants must be spent
on training and capacity building. However, the Corporation reserves
the right to set such guidelines in the applications.
(22) Disaster Grants. Sec. 2524.50. One commenter suggested that we
require disaster relief grants to go through the State Commissions. The
commenter argued that this would better ensure the coordination of
activities.
The Corporation wishes to maintain flexibility on this issue and
thus is not changing the regulations. For a given disaster, disaster
grants may in fact flow through a State Commission. However, there also
may be instances during a disaster when the Corporation would wish to
distribute disaster funds directly to programs.
(23) Replication grants. One commenter wondered why the term
``replication'' does not occur in the regulations although it occurred
in the preamble.
Replication grants are allowable and they have been added to the
regulations.
Change: Sec. 2521.20 has been amended.
(24) Matching requirements. One commenter requested clarification
as to whether the general 25% match was inclusive or exclusive of the
15% living allowance and health care match.
The corporation agrees that the matching guidelines require further
clarification, and the regulations have been amended to provide
clarification. For the purposes of calculating matching requirements,
there are two broad budget categories: participant support costs and
other costs.
Participant support costs are comprised of living allowances,
health care benefits, and child care costs, each of which has a
different matching requirement as specified below:
Health Care: Corporation funds may be used to pay for no more than
85% of total health care costs.
Child Care: Corporation funds may be used to pay for 100% of child
care costs.
Living Allowances: Corporation and other Federal funds may be used
to pay for no more than 85% of living allowance costs.
``Other Costs'' are comprised of all costs attributable to the
program exclusive of the participant support costs detailed above.
Corporation funds may be used to pay for no more than 75% of the total
of these other costs. In order to avoid confusion, readers should note
that the requirement that Corporation funds not exceed 75% of the total
other costs of a program is not synonymous with a 25% matching
requirement on a grant. The 75% restriction applies to the total other
costs of a program (including non-Corporation funds). Thus, if a
program's total other costs were $100,000, then the Corporation would
provide a grant of no more than $75,000 for those costs, and the
program would have to provide for the remaining $25,000.
Changes: Sec. 2521.30 has been revised.
(25) Ineligibility. One commenter suggested that the Corporation
further clarify that a person who committed a crime prior to a term of
service is not automatically ineligible for service.
Individuals with criminal records are not, in fact, automatically
ineligible to participate in programs. Programs are responsible for
determining who shall participate. In selecting participants, programs
providing service in particularly sensitive areas, such as working with
young children, should consider whether the participation of
individuals with certain criminal backgrounds would have a significant
negative impact on the physical or psychological health of either other
participants or individuals served.
(26) Federal Agency matching requirements. One commenter requested
clarification of how Federal agencies are treated in terms of the
matching requirements. The regulations have been revised to clarify
that Federal agencies do not have to meet matching requirements if they
operate programs directly, but that if they subgrant, the subgrantees
do have to meet the matching requirements.
Change: Sec. 2523.90 has been revised.
(27) Education and Training. One commenter asked how much of a term
of service could be spent on education and training.
The proposed rule did not address this issue. Therefore, the terms
of service section of the regulations has been revised to indicate that
the Corporation may set a minimum or maximum number of hours in a given
term of service that may be spent on training, education, or similar
approved activities. Thus, the Corporation reserves the right to
establish such guidelines in the application materials.
Parts 2530-2533--Investment for Quality and Innovation
Clearinghouse eligibility. One commenter suggested that the
regulations go too far in Sec. 2532.20(n) by requiring that to be
eligible to apply as a clearinghouse, an organization must have
extensive experience in training, technical assistance, service and/or
volunteer development, management, and evaluation. The commenter argued
that the law only lists these as activities a clearinghouse could do,
not as requirements for eligibility.
The regulations have been amended to conform to the statute.
Change: Sec. 2532.20(n) has been revised.
Part 2540--Administrative Provisions
(1) Nondisplacement (Sec. 2540.100(f)(4)(i)). Once commenter
suggested that we include examples of what constitutes displacement as
described in this section. Several commenters urged that the proposed
restriction not be interpreted too strictly. One commenter pointed out
that it seems to contradict Sec. 2522.110(3), which states that
professional corps programs that recruit and place qualified
participants in positions as teachers and nurses qualify as AmeriCorps
programs. The commenter suggested that the regulations be revised to
clarify that those programs qualify because the participants don't
replace qualified and certified people.
The Corporation declines to put examples or further clarifications
of this issue in the regulations. However, it will disseminate
information clarifying these issues to all grantees.
(2) Supplantation rule. One commenter raised several concerns
regarding the supplantation requirement in the AmeriCorps regulations.
The commenter pointed out that the preamble specifically included
private sector funds in the requirement and that the proposed
regulations were unclear. The commenter suggested not extending the
rule to the private sector. Not allowing the supplantation of private
funds could create a disincentive for programs to raise private funds
because, if they lose those funds in a subsequent year, they may not be
able to maintain the same level of non-federal funds and would thus be
ineligible for AmeriCorps assistance. The commenter was also concerned
that a program could have difficulty meeting the requirement for
maintaining aggregate non-federal funding if the size of the program is
reduced. The commenter recommended that the regulations be revised to
add a sentence stating that the supplantation rule is satisfied if
funding from private sources continues to exceed the matching
requirements. The commenter also recommended that the required non-
federal expenditures be measured per capita instead of on a lump-sum
basis.
The statutory supplantation provision states that the level of
State and local public funding for a given program cannot drop below
the level of the previous year. The regulations stated this incorrectly
and have been revised to indicate that the restriction applies only to
public State and local funds. The Corporation does not have the
regulatory authority to measure the level of State and local support on
a per participant basis.
Change: Sec. 2540.100 has been revised.
Part 2550--State Commission Regulations
One commenter suggested that the State Commission regulations
(published in the November 17, 1993 Federal Register as an interim
final rule) be amended to add individuals with expertise in the field
of mental retardation/cognitive disabilities to the list of possible
members of the State Commissions.
This addition will be incorporated into the final State Commission
regulations when they are published.
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.
As required by the Regulatory Flexibility Act, it is hereby
certified that this rule will not have a significant impact on small
business entities.
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: March 16, 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
Nations 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 expenses
associated with the overall administration of a Corporation funded
program. These costs relate to the support of a programs general
operations and not to expenses identified with a specific program or
project.
(1) Administrative costs include, but are not limited to, 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 Office of Management and Budget Circulars A-21 (Cost
Principles for Educational Institutions), A-87 (Cost Principles for
State and local Governments), and A-122 (Cost Principles for Nonprofit
Organizations) that provide guidance on indirect costs to Federal
agencies. Copies of Office of Management and Budget Circulars are
available from the Executive Office of the President Publications, 725
17th Street, NW., room 2200, New Executive Office Building, Washington,
DC 20503.
(ii) Costs for financial, accounting, auditing, internal
evaluations (except as in paragraph (2)(iii) of this definition), and
contracting functions.
(iii) Costs for insurance that protects the entity that operates
the program.
(iv) The portion of the salaries and benefits of the director and
any other program administrative staff equal to the portion of time
that is not spent in support of specific project objectives. Specific
project objectives means recruiting, training, placing, or supervising
participants.
(2) Administrative costs do not include allowable costs directly
related to program or project operations. These program costs include
the following: (i) Costs for participants, including living allowances,
insurance payments, and expense for training and travel.
(ii) Costs for staff who recruit, train, place, or supervise
participants, including costs for staff salaries, benefits, training,
and travel, if the purpose is for a specific program or project
objective.
(iii) Costs for independent evaluations and internal evaluations--
the latter to the extent that the evaluations cover only the funded
program or project and are specifically related to creative methods of
quality improvement. (Overall organizational management improvement
costs are administrative costs.) (See Sec. 2516.810 and Sec. 2522.510
for definition of independent and internal evaluations.)
(3) Particular costs, such as those associated with staff who
perform both administrative and program functions, may be prorated
between administrative and program costs if included in the budget and
approved by the Corporation grants officer.
Adult Volunteer. (1) The term adult volunteer means an individual,
such as an older adult, an individual with disability, a parent, or an
employee of a business of public or private nonprofit organization,
who--
(i) Works without financial remuneration in an educational
institution to assist students of 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,
with respect to an individual, has the same meaning as such term as
defined in the Job Training Partnership Act (29 U.S.C. 1503(8)).
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)).
Empowerment zone. The term empowerment zone means an area
designated as an empowerment zone by the Secretary of the Department of
Housing and Urban Development or the Secretary of the Department of
Agriculture.
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 in two or more States; 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.
Higher Education partnerships. The term higher education
partnership means one or more public or private nonprofit
organizations, or public agencies, including States, and one or more
institutions of higher education that have entered into a written
agreement specifying the responsibilities of each partner.
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 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, 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)); 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)), which includes individuals with cognitive and other
mental impairments, as well as individuals with physical impairments,
who meet the criteria in that definition.
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)).
Local partnership. The term local partnership means a partnership,
as defined in Sec. 2510.20 of this chapter, that meets the eligibility
requirements to apply for subgrants under Sec. 2516.110 or
Sec. 2517.110 of this chapter.
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. The term partnership means two or more entities that
have entered into a written agreement specifying the partnership's
goals and activities as well as the responsibilities, goals, and
activities of each partner.
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, or a set of
activities, 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)).
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.
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;
(2) Is coordinated with an elementary school, secondary school,
institution of higher education, or community service program, and with
the community;
(3) Helps foster civic responsibility;
(4) 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
(5) 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 an
governmental unit within a State other than a unit with Statewide
responsibilities.
U.S. Territory. The term U.S. Territory means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and Palau, until the Compact of Free Association with Palau is
ratified.
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 States
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 both the K-12 and Higher Education
components of the Learn and Serve America program, 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
Sec.
2515.10 What are the service-learning programs of the Corporation
for National and Community Service?
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.
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?
2516.320 Is a participant eligible to receive an AmeriCorps
educational award?
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 States
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 more than one application to the
Corporation for the same project at the same time?
Subpart H--Evaluation Requirements
2516.800 What are the purposes of an evaluation?
2516.810 What types of evaluations are grantees and subgrantees
required to perform?
2516.820 What types of internal evaluation activities are required
of programs?
2516.830 What types of activities are required of Corporation
grantees to evaluate the effectiveness of their subgrantees?
2516.840 By what standards will the Corporation evaluate individual
Learn and Serve America programs?
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 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 grantmaking entity as defined in Sec. 2515.20 of this
chapter.
(4) 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 local partnership must include an LEA and one or more
community partners. The local 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
local partnership must include an LEA and one or more public or private
nonprofit organizations, other educational agencies, or private for-
profit businesses that coordinate and operate projects for participants
who must be students.
(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 school-based programs.
(1) A State, Indian Tribe, 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) Authorized activities include paying the costs of the
recruitment, training, supervision, placement, salaries and benefits of
service learning coordinators.
(4) A grantmaking entity may also 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 may be 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, 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.
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 Corporation procedures that are
consistent with 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)).
Sec. 2516.320 Is a participant eligible to receive an AmeriCorps
educational award?
No. However, service-learning coordinators who are approved
AmeriCorps positions are eligible for AmeriCorps educational awards.
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 for promoting service-learning through programs
under this part, or a revision of a previously approved three-year
strategic plan. 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,
including a description of plans to meet and consult with the State
Commission, if possible, and to provide a copy of the program
application to the State Commission 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 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, Indian tribe 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 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 (e); and
(2) A grant to a local partnership for activities in a
nonparticipating State under Sec. 2516.200 (b)(2) and (d)(2).
(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 more than one application to the
Corporation for the same project at the same time?
No. The Corporation will reject an application for a project if an
application for funding or educational awards for the same project is
already pending before the Corporation.
Subpart H--Evaluation Requirements
Sec. 2516.800 What are the purposes of an evaluation?
Every evaluation effort should serve to improve program quality,
examine benefits of service, or fulfill legislative requirements.
Sec. 2516.810 What types of evaluations are grantees and subgrantees
required to perform?
All grantees and subgrantees are required to perform internal
evaluations which are ongoing efforts to assess performance and improve
quality. Grantees and subgrantees may, but are not required to, arrange
for independent evaluations which are assessments of program
effectiveness by individuals who are not directly involved in the
administration of the program. The cost of independent evaluations is
allowable.
Sec. 2516.820 What types of internal evaluation activities are
required of programs?
Programs are required to: (a) Continuously assess management
effectiveness, the quality of services provided, and the satisfaction
of both participants and service recipients. Internal evaluations
should seek frequent feedback and provide for quick correction of
weakness. The Corporation encourages programs to use internal
evaluation methods, such as community advisory councils, participant
advisory councils, peer reviews, quality control inspections, and
service recipient and participant surveys.
(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.
(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.
(d) Cooperate fully with all Corporation evaluation activities.
Sec. 2516.830 What types of activities are required of Corporation
grantees to evaluate the effectiveness of their subgrantees?
A Corporation grantee that makes subgrants must do the following:
(a) Ensure that subgrantees comply with the requirements of
Sec. 2516.840.
(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.
(c) Collect from programs and submit to the Corporation the
descriptive information required in Sec. 2516.820(c)(1).
(d) Cooperate fully with all Corporation evaluation activities.
Sec. 2516.840 By what standards will the Corporation evaluate
individual Learn and Serve America programs?
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. 2516.850 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. 2516.840. 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--Eligibility to Apply
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 reviewed?
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 more than one application to the
Corporation for the same project at the same time?
Subpart H--Evaluation Requirements
2517.800 What are the evaluation requirements for community-based
programs?
Authority: 42 U.S.C. 12501 et seq.
Subpart A--Eligibility to Apply
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. 2510.20 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.
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
local 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 Learn and Serve 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 multiple sites 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 plan for promoting service-learning through
programs under this part. The plan must describe the types of
community-based program models 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 the applicant will coordinate its
activities with the State Plan under part 2513 of this chapter and with
other federally-assisted activities, including a description of plans
to meet and consult with the State Commission, if possible, and to
provide a copy of the program application to the State Commission.
(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 plan describing
the goals and activities of the proposed program;
(2) A proposal containing 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 reviewed?
In reviewing 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 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 more than one application to the
Corporation for the same project at the same time?
No. The Corporation will reject an application for a project if an
application for funding or educational awards for the same project is
already pending before the Corporation.
Subpart H--Evaluation Requirements
Sec. 2517.800 What are the evaluation requirements for community-based
programs?
The 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 Eligibility 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?
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 more than one application to the
Corporation for the same project at the same time?
Subpart H--Evaluation Requirements
2519.800 What are the 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 the communities in which the programs operate.
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 higher education partnership, as defined in Sec. 2510.20 of
this chapter.
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,
a higher education partnership or a consortium 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 the participants 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 Eligibility 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 in 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. A program may, but is not required to, provide a prorated
living allowance to individuals participating in approved AmeriCorps
positions on a part-time basis, consistent with the AmeriCorps program
requirements in Sec. 2522.240 of this chapter.
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.
Subpart E--Application Review
Sec. 2519.500 How does the Corporation review an application?
(a) The Corporation will review 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 higher education partnership that will participate
in the community service projects, such as a higher education
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 or by contract.
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, of 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 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 more than one application to the
Corporation for the same project at the same time?
No. The Corporation will reject an application for a project if an
application for funding or educational awards for the same project is
already pending before the Corporation.
Subpart H--Evaluation Requirements
Sec. 2519.800 What are the 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--GENERAL PROVISIONS: AMERICORPS PROGRAMS
Sec.
2520.10 What is the purpose of the AmeriCorps program described in
parts 2520 through 2524 of this chapter?
2520.20 What types of service activities are allowable for programs
supported under parts 2520 through 2524 of this chapter?
2520.30 Are there any activities that are prohibited?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2520.10 What is the purpose of the AmeriCorps program described
in parts 2520 through 2524 of this chapter?
The purpose of the AmeriCorps grant program is to provide financial
assistance to support AmeriCorps programs that address educational,
public safety, human, or environmental needs through national and
community service to provide AmeriCorps education awards to
participants in such progams.
Sec. 2520.20 What types of service activities are allowable for
programs supported under parts 2520 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
opportuntities 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 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. Although all
prohibited activities may be performed voluntarily by participants on
their own time, they 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) Impairing existing contracts for services or collective
bargaining agreements;
(e) Engaging in partisan political activities, or other activities
designed to influence the outcome of an election to any public office;
(f) Engaging in religious instruction, conducting worship services,
providing instruction as part of a program that includes mandatory
religious instruction 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;
(g) 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 except that nothing in this section shall be construed to
prevent participants from engaging in advocacy activities undertaken at
their own initiative; 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
(h) Such other activities as the Corporation may prohibit.
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. However, 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 part 2550 of this chapter in order to
be eligible for an AmeriCorps grant.
(b) The Corporation may also enter into contracts or cooperative
agreements for AmeriCorps assistance with Federal agencies that are
Executive Branch agencies or departments. Bureaus, divisions, and local
and regional offices of such departments and agencies may only receive
assistance pursuant to a contract or agreement with the central
department or agency. The requirements relating to Federal agencies are
described in part 2523 of this chapter.
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 may apply directly 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 establish, operate,
or expand an AmeriCorps program. An operational grant may include
AmeriCorps educational awards. An operational grant may also include a
short planning period of up to six months, if necessary, to implement a
program.
(2) Eligibility. (i) States may apply directly to the Corporation
for operational 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 operational grants. The Corporation may
limit the categories of applicants eligible to apply directly to the
Corporation for assistance under this section 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. States, subdivisions of States, Indian Tribes,
Federal agencies, public or private nonprofit organizations (including
labor organizations), and institutions of higher education may apply
directly to the Corporation for AmeriCorps educational awards only.
(d) Replication Grants. The Corporation may provide assistance for
the replication of an existing national service program to another
geographical location.
(e) 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 45 CFR
part 2524, ``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) For the purposes of this
section, the term ``State'' means the fifty States, Puerto Rico, and
the District of Columbia.
(2) 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 the 50 States, Puerto Rico and the District of Columbia if
they have applications approved by the Corporation.
(3) 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 paragraphs
(a)(2) or (b)(1) of this section in the same fiscal year.
(4) In making subgrants with funds awarded by formula or
competition under paragraphs (a) (2) or (3) 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 carried
out 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 States
will be used for programs that operate in the areas of need or on
Federal or other public lands, 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 multipled 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 the 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 make available for eligible applicants who have
not applied for program assistance.
(d) Effect of 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 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. (i) The matching
requirements for participant benefits are specified in
Sec. 2522.240(b)(5) of this chapter.
(ii) The Corporation share of other AmeriCorps program costs may
not exceed 75 percent, whether the assistance is provided directly or
as a subgrant from the original recipient of the assistance.
(iii) These matching requirements apply only to programs receiving
assistance under parts 2521 through 2524 of this chapter.
(2) Calculation. In providing for the remaining share of other
AmeriCorps program costs, 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) Limitation on cost of health care. A program may not count more
than 85 percent of a cash payment for the cost of providing a health
care policy toward its 15 percent remaining share under paragraph
(g)(2)(i) of this section.
(4) Waiver. The Corporation reserves the right to waive, in whole
or in part, the requirements of paragraph (g)(1) of this section if the
Corporation determines that a waiver would be equitable due to a lack
of available financial resources at the local level.
(h) Administrative costs. (1) The recipient of a direct grant or
transfer of funds from the Corporation may spend no more than five
percent of the grant or transferred funds on administrative costs.
(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 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 financial 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 project 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--Evaluation Requirements
2522.500 What are the purposes of an evaluation?
2522.510 What types of evaluations are States, grant-making
entities, and programs required to perform?
2522.520 What types of internal evaluation activities are required
of programs?
2522.530 What types of activities are required of States or
grantmaking entities to evaluate the effectiveness of their
subgrantees?
2522.540 How will the Corporation evaluate individual AmeriCorps
programs?
2522.550 What will the Corporation do 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 project sponsor, the written concurrence of any local labor
organization representing employees of the project sponsor 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 and staff from
the communities in which projects are conducted, and agree to seek
program staff and participants of different races and ethnicities,
socioeconomic backgrounds, educational levels, and genders as well as
individuals with disabilities unless a program design requires
emphasizing the recruitment of staff and 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. 2522.210(c). 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. 2524.40 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. 2522.240 through 2522.250 of this chapter;
(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, however AmeriCorps
grant funds may not be used to provide such benefits;
(n) Agree to identify the program, through the use of logos, common
application materials, and other means (to be specified by the
Corporation), as part of a larger national effort 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 terms of service at such times as the
Corporation may reasonably require and to comply with any restrictions
the Corporation may establish as to when the program may take to fill
an approved AmeriCorps position left vacant due to attrition;
(p) 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, meet and consult with the State Commission for the State
in which the program operates, if possible, and submit a copy of the
program application to the State Commission; and
(r) Address any other requirements as specified by the Corporation.
Sec. 2522.110 What types of programs are eligible to compete for
AmeriCorps grants?
Types of 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 in the application.
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 program
described in Sec. 2522.110(g), in which case the participant must be
between the ages of 16 and 25, inclusive, or in a program described in
Sec. 2522.110(b)(3), in which case the participant must be between the
ages of 16 and 24).
(b) In general, 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 prior to using the educational
award. 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), that individual 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 2540 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,
community-based organizations, 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 or
nominated by service programs, 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, contract, or cooperative agreement 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 determined by the Corporation.
(4) Summer programs. A summer program, in which less than 1700
hours of service are performed, are part-time programs.
(b) Restriction on multiple terms. 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 in accordance with the requirements of
paragraph (d) of this section. 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 participant's 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) Limitation. The Corporation may set a minimum or maximum
percentage of hours of a full-time, part-time, or reduced term of
service described in paragraphs (a)(1),(a)(2), and (a)(3) of this
section that a participant may engage in training, education, or other
similar approved activities
(f) 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 participants 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. Any
person that drops out of an AmeriCorps program without obtaining a
release for compelling personal circumstances is considered to have
been released for cause.
(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 financial 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 pursuant to
Sec. 2521.30 of this chapter, including an AmeriCorps program that
receives educational awards only pursuant to Sec. 2521.30(c) 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 Sec. 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).
(2) Maximum living allowance. With the exception of a professional
corps described in Sec. 2522.110(a)(3), 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 Secs. 2521.30 (a)(2) and (a)(3) 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. The Federal share, including
Corporation and other Federal funds, of the total amount provided to an
AmeriCorps participant for a living allowance is limited as follows:
(i) In no case may the Federal share exceed 85% of the minimum required
living allowance enumerated in paragraph (b)(1) of this section.
(ii) For professional corps described in paragraph (b)(2)(i) of
this section, Corporation and other Federal funds may be used to pay
for no portion of the living allowance.
(iii) If the minimum living allowance requirements has been waived
or reduced pursuant to paragraph (b)(4) of this section and the amount
of the living allowance provided to a participant has been reduced
correspondingly--
(A) In general, the Federal share may not exceed 85% of the reduced
living allowance; however,
(B) If a participant is serving in a program that provides room or
board, the Corporation will consider on a case-by-case basis allowing
the portion of that living allowance that may be paid using Corporation
and other Federal funds to be between 85% and 100%.
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) Corporation 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. (1) Grantees must provide to all eligible
participants who meet the requirements of paragraph (b)(2) of this
section health care coverage that--
(i) Provides the minimum benefits determined by the Corporation;
(ii) Provides the alternative minimum benefits determined by the
Corporation; or
(iii) Does not provide all of either the minimum or the alternative
minimum benefits but that has a fair market value equal to or greater
than the fair market value of a policy that provides the minimum
benefits.
(2) Participant eligibility. A full-time participant is eligible
for health care benefits if he or she is not otherwise covered by a
health benefits package 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.
(3) Corporation share. (i) Except as provided in paragraph
(b)(3)(ii) of this section, the Corporation will pay up to 85% of the
cost of health care coverage that includes the minimum or alternative
minimum benefits and is not excessive in cost.
(ii) The Corporation will pay no share of the cost of a policy that
does not provide the minimum or alternative minimum benefits described
in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
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 part, 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 project at the same time?
No. The Corporation will reject an application for a project if an
application for funding or educational awards for the same project is
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 how well the program will be able to
achieve the three impacts mentioned in paragraph (a) of this section as
demonstrated by the program design, the capacity of the organization to
carry it out and other factors relating to need. The Corporation will
also consider the extent to which the program promotes the
Corporation's goals; and the extent to which the program contributes to
the overall diversity of programs desired by the Corporation. 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 impacts. The Corporation will consider the extent to
which the program: (1) Achieves direct and demonstrable results;
(2) Strengthens communities; and
(3) Promotes citizenship and increases educational opportunities
for participants.
(b) Program Criteria.--(1) Program design. The Corporation will
consider four factors relating to the program design: (i) The quality
of the program proposed to be carried out directly by the applicant or
supported by a grant from the applicant;
(ii) The innovative aspects of the AmeriCorps program;
(iii) The feasibility of replicating the program; and
(iv) 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.
(2) Organizational capacity. The Corporation will also consider an
organization's capacity to carry out the program based on--
(i) The quality of the leadership of the AmeriCorps program;
(ii) The past performance of the organization or program; and
(iii) The extent to which the program builds on existing programs.
(c) 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)(2) 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.
(d) Contribution to overall diversity of programs funded by the
Corporation. The Corporation will select programs that will help to
achieve participant, program type, and geographic diversity across
programs.
(e) 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--Evaluation Requirements
Sec. 2522.500 What are the purposes of an evaluation?
Every evaluation effort should serve to improve program quality,
examine benefits of service, or fulfill legislative requirements.
Sec. 2522.510 What types of evaluations are States, grant-making
entities, and programs required to perform?
All grantees and subgrantees are required to perform internal
evaluations which are ongoing efforts to assess performance and improve
quality. Grantees and subgrantees may, but are not required to, arrange
for independent evaluation which are assessments of program
effectiveness by individuals who are not directly involved in the
administration of the program. The cost of independent evaluations is
allowable.
Sec. 2522.520 What types of internal evaluation activities are
required of programs?
Programs are required to: (a) Continuously assess management
effectiveness, the quality of services provided, and the satisfaction
of both participants and persons served. Internal evaluation activities
should seek frequent feedback and provide for quick correction of
weaknesses. The Corporation encourages programs to use internal
evaluation methods such as community advisory councils, participant
advisory councils, peer reviews, quality control inspections, and
customer and participant surveys;
(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;
(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 targeted
for special economic incentives or otherwise identifiable as having
high concentrations of low-income people, 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;
(3) Other information as required by the Corporation; and
(d) Cooperate fully with all Corporation evaluation activities.
Sec. 2522.530 What types of activities are required of States or
grantmaking entities to 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;
(c) Collect from programs and submit to the Corporation the
descriptive information required in this subpart; and
(d) Cooperate fully with all Corporation evaluation activities.
Sec. 2522.540 How will the Corporation evaluate individual AmeriCorps
programs?
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. 2522.550 What will the Corporation do 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) Study the extent to which national service enables participants
to afford post-secondary education with fewer student loans;
(4) 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;
(5) 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
(6) 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 targeted
for special economic incentives or are otherwise identifiable as having
high concentrations of low-income people, in areas that are
environmentally distressed 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 Sec. 2522.540. 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 funds?
2523.20 Which Federal agencies may apply for such funds?
2523.30 Must Federal agencies meet the requirements imposed on
grantees under parts 2521 and 2522 of this chapter?
2523.40 For what purposes should Federal agencies use AmeriCorps
program funds?
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 funds?
Yes. Federal agencies may apply for and receive AmeriCorps funds
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 enter into a grant, 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 funds?
The Corporation will consider applications only from Executive
Branch agencies or departments. 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
grantees under parts 2521 and 2522 of this chapter?
Yes, except as provided in Sec. 2523.90. 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 funds?
AmeriCorps funds 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 funds are Federal agencies eligible to
receive?
Federal agencies may apply for planning and operating funds 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. Partnerships and consortia must be approved by the
Corporation.
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 a Corporation-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. A Federal agency is not required to match funds in programs
that receive support under this chapter. However, Federal agency
subgrantees are required to match funds in accordance with the
requirements of Sec. 2521.30(g) and Sec. 2522.240(b)(5) of this
chapter.
Sec. 2523.100 Are participants in programs operated by Federal
agencies Federal employees?
No. Participants in these programs have 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 from a
Federal agency for each AmeriCorps competition. 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 minimum matching funds required by
Secs. 2521.30(g), 2522.240(b)(5), 2522.250(a)(4), and 2522.250(b)(2) 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 Sec. 2521.30(a)(3) 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 AND AVAILABILITY OF GRANTS FOR INVESTMENT FOR
QUALITY AND INNOVATION ACTIVITIES
Sec.
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
direct and demonstrable 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 Chief Executive Officer, to--
(A) The community in which the installation is located; or
(B) A community located within 50 miles of the installation or such
further distance as the Chief Executive Officer may deem appropriate on
a case-by-case basis.
(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 50 miles of the community.
(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 Chief Executive Officer 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 President 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 President at such time, in such manner, and
containing such information as required.
(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 component).
(b) The Corporation will support innovative service-learning
programs.
(c) Application procedures, selection criteria, timing, and other
requirements will be announced in the Federal Register.
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. 2532.10 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. Any
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.
(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 on a
competitive basis. Application procedures, selection criteria, timing
and other requirements will be announced in the Federal Register.
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 annual State reports to the
Corporation?
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 public funds 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 public 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 proselytization.
(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 in which such entity resides.
(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 chapter
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
chapter 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 must 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 of
1993 (29 CFR part 825) 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 participants 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. If the grievance alleges fraud or
criminal activity, it must immediately be brought to the attention of
the Corporation's inspector general.
(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. Any decision by the neutral party is advisory and
is not binding unless both parties agree.
(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--(1) Arbitrator--(i) Joint selection by parties. 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.
(ii) Appointment by Corporation. 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.
(2) Time Limits--(i) Proceedings. An arbitration proceeding must be
held no later than 45 calendar days after the request for arbitration,
or, if the arbitrator is appointed by the Chief Executive Officer, the
proceeding must occur no later than 30 calendar days after the
arbitrator's appointment.
(ii) Decision. A decision must be made by the arbitrator no later
than 30 calendar days after the date the arbitration proceeding begins.
(3) The cost. 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 attorney's 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. Remedies for a grievance filed under a procedure
established by a recipient of Corporation assistance may include--
(1) Prohibition of a placement of a participant; and
(2) 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--
(i) Reinstatement of the employee to the position he or she held
prior to the displacement;
(ii) Payment of lost wages and benefits;
(iii) Re-establishment of other relevant terms, conditions and
privileges of employment; and
(iv) Any other 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 annual State reports to the
Corporation?
(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 chapter and the
status of the national and community service programs in the State that
receive assistance under this chapter. A State's annual report must
include information that demonstrates the State's compliance with the
requirements of this chapter.
(b) Local grantees. Each State may require local grantees that
receive assistance under this chapter 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) 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 calendar
30 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. 94-6580 Filed 3-22-94; 8:45 am]
BILLING CODE 6820-BA-P
