[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)] [Notices] [Pages 7172-7176] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-3005] ======================================================================= ----------------------------------------------------------------------- CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Selection of AmeriCorps* VISTA Sponsors and Projects; Guidelines agency: Corporation for National and Community Service. action: Notice of guidelines with respect for comment. ----------------------------------------------------------------------- summary: The Corporation for National and Community Service (the Corporation) is issuing this notice concerning guidelines for the selection of AmeriCorps*VISTA sponsors and projects. The Corporation will refer to this program as AmeriCorps*VISTA. These guidelines outline the way AmeriCorps*VISTA will operate, the overall programmatic direction of the AmeriCorps*VISTA program, criteria for selection of AmeriCorps*VISTA sponsors and projects, and AmeriCorps*VISTA project approval procedures. The Corporation invites all interested parties to comment on the issues discussed in this notice. Any comments received will be given careful consideration in the development of the final guidelines. dates: This notice is effective February 7, 1995. Comments must be received on or before March 24, 1995. addresses: Comments may be mailed to the AmeriCorps*VISTA Office, The Corporation for National Community Service, Room 9217, 1201 New York Ave., NW., Washington, DC 20525. Comments received may also be inspected at Room 9120 between 9 a.m. and 5 p.m. for further information contact: Diana B. London, Deputy Director, AmeriCorps*VISTA, (202) 606-5000, extension 228. For individuals with disabilities, information will be made available in alternative formats, upon request. supplementary information: The Final Notice of VISTA Guidelines, as published in the Federal Register, 50 FR 30982, July 31, 1985 and 55 FR 9343, March 13, 1990, are no longer valid. Pursuant to Subtitle B, Chapter 1, section 321 of the National and Community Service Trust Act of 1993 (the Act) Pub. L. 103-82, the purpose of AmeriCorps*VISTA as provided in the Domestic Volunteer Service Act (42 U.S.C. 4950 et seq.) has been broadened to include strengthening local organizations to carry out the purpose of the program. Section 327 of the Act provides additional factors in approving applications for assistance under AmeriCorps*VISTA. This notice outlines the guidelines for the selection of AmeriCorps*VISTA sponsors and projects. The following provisions address the criteria for sponsorship of new and existing AmeriCorps*VISTA projects, criteria for project selection, and explain the approval process at the State level. In addition, the process for selecting national competitive and national demonstration AmeriCorps*VISTA projects is addressed. Guidelines for Selection of AmeriCorps*VISTA Sponsors and Projects Part I. Program Directions The Corporation for National and Community Service was established by the National and Community Service Act Trust Act of 1993, enacted into law on September 21, 1993. The Corporation manages several types of service initiatives, including the AmeriCorps National Service Network of programs. AmeriCorps is locally driven, offering resources to communities to design and implement their own solutions while maintaining a national AmeriCorps identity. The mission of AmeriCorps has four components: Getting Things Done--achieving demonstrable results in meeting Americans' educational, public safety, human, and environmental needs. Strengthening Communities--uniting citizens from different backgrounds and bringing together diverse institutions in partnerships to transform communities in need. Encouraging Responsibility--strengthening the spirit of citizenship through service, education about service, and understanding of communities. Expanding Opportunity--offering education awards in return for service, and providing invaluable life- and job-skills to members which they will carry through the rest of their lives. Within the AmeriCorps National Service Network of programs is AmeriCorps*VISTA (Volunteers In Service To America), authorized under Title I, Part A of the Domestic Volunteer Service Act of 1973, as amended (Pub. L. 93-113). The statutory mandate of AmeriCorps*VISTA is ``to eliminate and alleviate poverty and poverty-related problems in the United States by encouraging and enabling persons from all walks of life, all geographical areas, and all age groups * * * to perform meaningful and constructive volunteer service * * * where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by persons afflicted with such problems. In addition, the objective of (AmeriCorps*VISTA) is to generate the commitment of private sector resources, to encourage volunteer service at the local level, and to strengthen local agencies and organizations to carry out the purposes (of the program)'' (42 U.S.C. 4951). AmeriCorps*VISTA provides full-time, full-year members to local public [[Page 7173]] and private non-profit organizations which have goals in accord with AmeriCorps*VISTA's legislative mission, and have projects determined and defined by those to be served. Each AmeriCorps*VISTA project must focus on the mobilization of community resources, the transference of skills to community residents, and the expansion of the capacity of community-based and grassroots organizations to solve local problems. Programming should encourage permanent, long-term solutions to problems confronting low-income communities rather than short-term approaches for handling emergency needs. AmeriCorps*VISTA project sponsors must actively elicit the support and/or participation of local public and private sector elements in order to enhance the chances of a project's success, as well as to make the activities undertaken by AmeriCorps*VISTA self- sustaining when the Corporation for National Service no longer provides those resources. Part II. Criteria for Selection of AmeriCorps*VISTA Sponsors and Projects A. Criteria for Sponsorship The following provisions explain the organizational requirements that must be met to sponsor an AmeriCorps*VISTA project; and the criteria necessary for selection of any AmeriCorps*VISTA project. 1. Organizational Selection Criteria The applicant must: a. Be a public sector organization or a private organization designated as non-profit by the Internal Revenue Service (IRS). (Organizations that have submitted applications for non-profit status from the IRS will also be considered.) b. Comply with applicable financial and fiscal requirements established by the Corporation for National Service or other elements of the Federal Government. c. Have resources available for AmeriCorps*VISTA members to perform their tasks; i.e., space, consumable supplies, telephone, on-the-job transportation reimbursement; and be able to provide emergency cash advances when needed. d. Be able to mobilize community, public, and private sector resources to achieve short-term program goals and long-term project self-sufficiency goals, and to encourage local part-time volunteer service. e. Have the capacity and commitment to recruit, orient, train, supervise, and otherwise support locally and nationally-recruited AmeriCorps*VISTA members in appropriate capacity-building roles. f. Have an understanding of the concept of, and be committed to, promoting national service and AmeriCorps. g. Be experienced in the issues related to the beneficiaries of service and those being addressed by the proposed project. h. Have the capacity to build community partnerships and collaborative efforts in order to achieve project self-sufficiency. 2. Project Selection Criteria The proposed project must: a. Address the needs of low-income communities and otherwise comply with the provisions of the Domestic Volunteer Service Act of 1973, (DVSA) as amended (42 U.S.C. 4951 et seq.) applicable to AmeriCorps*VISTA and all applicable published regulations, guidelines and Corporation policies. b. Lead to building organizational and/or community capacity to continue the efforts of the project once AmeriCorps*VISTA resources are withdrawn. This will be demonstrated through measurable goals and objectives and the stated AmeriCorps*VISTA tasks which are attainable within the time-frame of the project. c. Be designed to generate public and/or private sector resources and to promote local, part-time volunteer service. d. Describe in measurable terms the anticipated self-sufficiency outcomes at the conclusion of the project, including outcomes related to the sustainability of the project activities. e. Clearly state how AmeriCorps*VISTAs will be trained, supervised and supported to ensure the achievement of program goals and objectives as stated in the project work plan. f. Be internally consistent; the problem statement which demonstrates need, the project work plan, the AmeriCorps*VISTA assignment description, and all other components must be related logically to each other. g. Ensure that AmeriCorps*VISTA and community resources sufficient to achieve project goals and objectives are available. h. Involve beneficiaries of service in project development and implementation throughout the life of the project. i. Have the management and technical capability to implement the project successfully. j. Describe how the number of AmeriCorps*VISTA members being requested is appropriate for project goals and objectives, and how the skills qualifications described in the application are appropriate for the assignment(s). k. Describe how AmeriCorps*VISTA assignments are designed to utilize the full-time member's time to the maximum extent. B. Prohibited Activities Applicant and current sponsoring organizations must ensure that the following prohibitions on AmeriCorps*VISTA and sponsor activity are observed: 1. AmeriCorps*VISTA are prohibited by law from participating in: (a) Partisan and nonpartisan political activities, including voter registration and transporting voters to the polls. (b) Direct or indirect attempts to influence legislation, or proposals by initiative petition. (c) Any outside employment while in AmeriCorps*VISTA service. 2. AmeriCorps*VISTA sponsoring organizations are prohibited by law from: (a) Carrying out projects resulting in the identification of such projects with partisan or nonpartisan political activities, including providing voters with transportation to the polls and any voter registration activity other than making voter registration applications and nonpartisan voter registration information available to the public on the premises. (b) Assigning AmeriCorps*VISTAs to activities which would otherwise be performed by employed workers and which would supplant the hiring of or result in the displacement of employed workers, or impair existing contracts for service. (c) Requesting or receiving any compensation for the services of AmeriCorps*VISTA members. (d) Using funds to finance, directly or indirectly, labor and anti- labor organization and related activities. (e) Using funds appropriated to carry out AmeriCorps*VISTA programming for any activity for the purposes of influencing the passage or defeat of legislation or proposals by initiative petition unless otherwise permitted under the Domestic Volunteer Service Act of 1973, as amended. 3. AmeriCorps*VISTA members are prohibited from engaging in any religious activities as part of their duties. AmeriCorps*VISTA sponsors are prohibited from conducting any religious instruction, worship, proselytization or other religious [[Page 7174]] activity as part of the AmeriCorps*VISTA project. Part III. Americorps*VISTA Project Approval Process A. Project Approval Process for New Sponsors Selected at State Level In order to assure all potential sponsors equal consideration, the project approval process for new AmeriCorps*VISTA projects described below is to be followed. Existing projects seeking to change their programmatic emphasis areas and/or substantially change the scope of the activities and duties performed by AmeriCorps*VISTA members (e.g. from literacy to health care) must also comply with these procedures. 1. AmeriCorps*VISTA Pre-Application Requests a. Requests from potential sponsors for AmeriCorps*VISTA pre- application forms must be submitted, in writing, to the Corporation State Office. The request should briefly outline the proposed use of AmeriCorps*VISTA members. b. Corporation State Office staff must respond to such requests within 5 working days of receipt by sending a pre-application form to the potential sponsoring organization, or advising the requestor that the organization would be an inappropriate sponsor (e.g. a for-profit organization). c. Potential sponsors must complete and return the pre-application form to the Corporation State Office within timeframes established by the State Office. d. Corporation State Office staff will review the pre-application form and advise the applicant in writing, within 10 working days of receipt of the form, as to whether to proceed with the development of a full AmeriCorps*VISTA project application. That decision is based on AmeriCorps*VISTA programming priorities, information on the applicant organization's track record within the community, and conformance with the Corporation State Office's Annual Plan that is due by March 1995, and thereafter, in the fourth quarter of each fiscal year. 2. AmeriCorps*VISTA Project Application Review a. Corporation State Office staff will send an AmeriCorps*VISTA project application and technical assistance materials to potential sponsoring organizations whose proposed project is consistent with AmeriCorps*VISTA program priorities and the Corporation State Office's approved Annual Plan. Applications submitted prior to the approval of the Annual Plan in March 1995 will be considered without the requirement of conformance with the Corporation State Office's Annual Plan. b. Prior to submission of the application, the State Office staff will arrange for a site visit to the applicant organization to provide technical assistance and to enhance Corporation State Office staff's knowledge of the applicant organization and the community to be served by the proposed project. c. The applicant organization will submit a completed application form to the Corporation State Office within the timeframe established by the State Office. d. The Corporation State Director will review the project application and render a final decision within 15 working days of receipt. For approved applications, the Corporation State Director may convene a community and/or peer panel for the purpose of strengthening, or adding value to, the proposed project. If a project application is approved, the Corporation State Director will advise the sponsoring organization in writing that the project has been approved for one year subject to the availability of funds. The Corporation State Office staff will also provide the organization with appropriate information on AmeriCorps*VISTA recruitment, placement, and training. The Corporation State Director will prepare, sign, and send a Memorandum of Agreement to the sponsoring organization for signature by an authorized official within the organization. e. The Corporation State Office staff will send to AmeriCorps*VISTA Headquarters a copy of the approved project application and letter to the sponsor. The official project document file will be retained in the Corporation State Office. f. Applicant organizations whose proposals are disapproved will be informed in writing by the Corporation State Director and provided reasons for disapproval. g. Project applications from current AmeriCorps*VISTA sponsors proposing to change programmatic emphases and/or substantially change the scope of activities performed by the AmeriCorps*VISTA members from those previously approved are not subject to the denial of refunding procedures contained in section 412 of the Domestic Volunteer Service Act of 1973, as amended, and 45 CFR part 1206, subpart B. Such applications will be treated as new project applications in accordance with the procedures outlined in III A above. B. Project Approval Process for Existing AmeriCorps*VISTA Sponsors AmeriCorps*VISTA projects will be reviewed at the time of their renewal request to determine the extent to which approved project work plan goals and objectives are being met, paying special attention to capacity building and project self-sufficiency goals as well as to AmeriCorps*VISTA member retention and satisfaction with the service experience. The project approval process outlined below is to be followed for all AmeriCorps*VISTA sponsors seeking renewal of their existing AmeriCorps*VISTA projects with the exception of sponsors proposing to change programmatic emphasis and/or substantially change the scope of activities as described in paragraph A.2.g. 1. At least 120 calendar days prior to the end of the Memorandum of Agreement, Corporation State Office staff will send out a renewal package to the sponsoring organization. In addition to an application form, the package should include any programmatic recommendations which the Corporation State Office staff believes are needed to improve the quality of the project based on information gleaned during site visits, from project progress reports, and from discussions with project staff and AmeriCorps*VISTA members. 2. At least 90 calendar days prior to the end of the current Memorandum of Agreement, the sponsoring organization will submit the renewal project application to the Corporation State Office. 3. The Corporation State Office staff will review the renewal application within 15 working days of receipt, or at least 75 calendar days prior to the end of the current Memorandum of Agreement. The review will include: a compliance review with AmeriCorps*VISTA regulations and program criteria; a review of progress being made toward achievement of capacity building and self-sufficiency goals; and conformance to the Corporation State Office's approved Annual Plan. 4. If the renewal proposal is approved by the Corporation State Office staff, the Corporation State Director will send an approval letter to the sponsor along with a new Memorandum of Agreement for signature by an authorized official. The project will be continued for one year subject to the availability of funds. [[Page 7175]] 5. Corporation State Office staff will send to AmeriCorps*VISTA Headquarters a copy of the approved project application and a copy of the Corporation State Director's letter to the sponsor. The official project document file will be retained in the Corporation State Office. 6. If the Corporation State Director disapproves the renewal project application, the sponsor will be notified by the Corporation State Director at least 75 calendar days in advance of the end of the current project period that the Corporation for National Service intends to deny the application of renewal. The sponsor will be given reasons for the tentative decisions and an opportunity to show cause why the application should not be denied in accordance with section 412 of the Domestic Volunteer Service Act of 1973, and 45 CFR part 1206, Subpart B. The project will be continued at its existing level of AmeriCorps*VISTA member and project support pending a final decision in accordance with 45 CFR part 1206, subpart B. 7. If the final decision denies project renewal, AmeriCorps*VISTA whose terms of service extend beyond the project's expiration date are covered by the provisions of 45 CFR 1210.3-2(d). C. Project Approval Process for Inter-Cluster Competitive Slots 1. Upon receiving program priorities, guidance, and timeframes from AmeriCorps*VISTA Headquarters, Corporation field offices will develop a strategy for programming and soliciting concept papers from qualified application organizations. AmeriCorps*VISTA Project Applications which are currently under development may also be considered for competition through the submission of a concept paper. Application organizations will be notified that their concept papers are being entered into an inter-Cluster competitive process. (Corporation Clusters represent a group of Corporation State Offices.) 2. Each Cluster Director shall appoint a review panel comprised of Corporation State Directors/Program Specialists with the Cluster Director serving as chair. The panel shall review and prioritize all concept papers, according to the selection criteria contained in Part II above. The Cluster Director shall submit all concept papers to the Director, AmeriCorps*VISTA, along with a written justification for its prioritized list. 3. The Director, AmeriCorps*VISTA, shall review all concept papers and render a decision on which concept papers are approved for full development as AmeriCorps*VISTA projects. AmeriCorps*VISTA Headquarters staff will notify Cluster Directors in writing of its decisions and establish a time-frame for submission of completed applications to Corporation State Offices. The Corporation State Office staff shall notify all organizations which have submitted a concept paper of Headquarters' decisions. 4. Corporation State Office staff shall provide AmeriCorps*VISTA project applications to organizations with approved concept papers and follow procedures for new sponsor development at the State level contained in Part III, A2 above. In this process, the approved concept paper takes the place of the pre-application form. 5. Renewal applications from competitively-selected projects will follow the procedures set forth in III B above. D. Project Approval Process for New AmeriCorps*VISTA National Demonstration Projects 1. Applications for national demonstration projects will be generated by AmeriCorps*VISTA Headquarters staff which will arrange for technical assistance to be provided to potential sponsors. 2. In addition to being reviewed by AmeriCorps*VISTA Headquarters staff, applications will be made available to those Corporation State Offices having components of proposed national demonstrations operating in their State. Corporation State Office staff will be asked to review such applications and to provide AmeriCorps*VISTA Headquarters with the results of their review focusing on components proposed for operation in their State. 3. The Director of AmeriCorps*VISTA has approval authority for new national demonstration projects. Upon approval of a demonstration project, the Director of AmeriCorps*VISTA will take appropriate action to operationalize the project including coordination with Corporation State Offices having components within their jurisdiction. E. Project Approval Process for Existing AmeriCorps*VISTA National Demonstration Projects Projects will be reviewed at the time of their renewal request to determine the extent to which approved work plan goals and objectives are being met, paying special attention to capacity building and project self-sufficiency goals as well as to AmeriCorps*VISTA member retention and satisfaction with the service experience. The project approval process outlined below is to be followed for all AmeriCorps*VISTA national demonstration projects seeking renewal. 1. At least 120 calendar days prior to the end of the current Memorandum of Agreement, AmeriCorps*VITA Headquarters staff will send out a renewal package. In addition to an application form, the package should include any programmatic recommendations which Headquarters believes are needed to improve the quality of the project based on information gleaned during site visits, from project progress reports, from discussions with project staff at national and local levels, from discussions with AmeriCorps*VISTA members, and from recommendations received from Corporation State Offices regarding local components. 2. At least 90 calendar days prior to the end of the current Memorandum of Agreement, the sponsoring organization submits the renewal project application to AmeriCorps*VISTA Headquarters. 3. Upon receipt of the renewal application, Headquarters staff will provide a copy of the application to appropriate Corporation State Offices for review and comment. 4. Within 15 working days of receipt of the national demonstration renewal application, Corporation State Office staff will review and submit written comments on project components within their jurisdiction. 5. Headquarters staff will complete their review of renewal applications within 20 working days of receipt, or at least 75 calendar days prior to the end of the current Memorandum of Agreement. The review will include a compliance review of AmeriCorps*VISTA regulations and program criteria, as well as a review of progress being made toward achievement of capacity building and self-sufficiency goals. 6. If the renewal proposal is approved, the Director of AmeriCorps*VISTA will send an approval letter to the sponsor along with a new Memorandum of Agreement prepared and signed by the Director. The project will be continued for one year subject to the availability of funds. The Director will take all other appropriate administrative action to maintain the operational status of the project. 7. If the Direct of AmeriCorps*VISTA disapproves the renewal project application, the sponsoring organization will be notified by the Director at least 75 calendar days in advance of the end of the current project period that the Corporation for National Service intends to deny the application for renewal. The [[Page 7176]] sponsor will be given reasons for the tentative decision and an opportunity to show cause why the application should not be denied in accordance with section 412 of the Domestic Volunteer Service Act of 1973, as amended, and 45 CFR, part 1206, subpart B. The project will be continued at its existing level of AmeriCorps*VISTA volunteer and project support pending a final decision in accordance with 45 CFR part 1206, subpart B. 8. Where a final decision denies project renewal, AmeriCorps*VISTA members whose terms of service extend beyond the project's expiration date are covered by the provisions of 45 CFR 1210.3-2(d). F. Extensions of Current AmeriCorps*VISTA Projects In certain circumstances, current AmeriCorps*VISTA sponsors may wish to extend previously approved projects for up to six months in order to allow already assigned AmeriCorps*VISTAs to complete their terms of service, and/or to conclude activities designed to complete the capacity building and/or self-sufficiency goals of the project prior to the time AmeriCorps*VISTA resources are withdrawn. In such instances, the AmeriCorps*VISTA sponsor will send to the Corporation State Office, at least 60 days prior to the end of the current project period, a detailed justification, along with Section III of the AmeriCorps*VISTA Project Application form, describing the activities to be performed during the extension period. The Corporation State Director will review the project extension request and make a determination to approve or disapprove the request within 15 working days of receipt. The Corporation State Director will take all necessary action to implement an approval decision including extension of the current Memorandum of Agreement. The Corporation State Director will forward a copy of the extension material to AmeriCorps*VISTA Headquarters. Denial of project extension requests of six months or less are not subject to denial of refunding procedures contained in section 412 of the Domestic Volunteer Service Act of 1973, as amended, and 45 CFR part 1206, subpart B. G. Increases in Approved Levels of AmeriCorps*VISTA Volunteers 1. Existing AmeriCorps*VISTA projects seeking to increase the number of AmeriCorps*VISTAs from their previously approved level must submit their request in writing to the Corporation State Director justifying the requested increase. 2. The Corporation State Director will review the request within the context of the Corporation State Office's approved Annual Plan and render a decision within 15 working days of receipt. The Corporation State Director will notify the sponsor of the decision in writing and provide a copy of the decision to AmeriCorps*VISTA Headquarters. For approved requests, the Corporation State Director will amend the current Memorandum of Agreement and submit a request to increase the number of AmeriCorps*VISTA members to the Governor or other Chief Executive Officer of the State/jurisdiction prior to placement of additional volunteers on the project. 3. Denial of a request to increase the number of AmeriCorps*VISTA members on an approved project is not subject to denial of refunding procedures contained in Section 412 of the Domestic Volunteer Service Act of 1973, as amended, and 45 CFR part 1206, subpart B. H. Intergovernmental Review of AmeriCorps*VISTA Projects Agencies and organizations submitting new or renewal AmeriCorps*VISTA project applications must comply with the provisions of Executive Order 12372, the ``Intergovernmental Review of Federal Programs and Activities'' as set forth in 45 CFR part 1233. Corporation State Office staff will provide applicant organizations with technical assistance regarding this requirement. I. Governor's Approval of AmeriCorps*VISTA Projects No AmeriCorps*VISTA members may be assigned to serve in a program or project in any community until the Governor or other Chief Executive Officer of the state has been given 45 days within which to review the application for such program or project and disapprove, in writing, the proposed submission. Governor's approval must be sought by the Corporation State Director for all new AmeriCorps*VISTA projects as well as for ongoing projects which are requesting an increase in members or substantially changing AmeriCorps*VISTA activities. J. Freedom of Information Act Requests Related to AmeriCorps*VISTA Project Reviews All Freedom of Information Act (FOIA) requests generated by the project review process shall be directed to the FOIA Office in the Corporation for National Service Headquarters for reply (even if initially addressed to Corporation State or Cluster Office). Shirley Sagawa, Executive Vice President and Executive Director. [FR Doc. 95-3005 Filed 2-6-95; 8:45 am] BILLING CODE 6050-28-M