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