[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Proposed Rules]
[Pages 51556-51563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25052]
[[Page 51555]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 570
Office of Assistant Secretary for Policy and Research; Hispanic-Serving
Institutions Work Study Program; Proposed Rule
Federal Register / Vol. 61, No. 192 / Wednesday, October 2, 1996 /
Proposed Rules
[[Page 51556]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 570
[Docket No. FR-4070-P-01]
RIN 2528-AA06
Office of the Assistant Secretary for Policy Development and
Research; Hispanic-Serving Institutions Work Study Program
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996
appropriated funds for HUD's Community Development Work Study Program
(CDWSP). The Conference Report, H. Rep. 104-384, which serves as
guidance for that statute, earmarked funds for a new Hispanic-Serving
Institutions Work Study Program (HSI-WSP) as part of CDWSP. Elsewhere
in today's issue of the Federal Register, HUD is publishing a Notice of
Funding Availability (NOFA) for the HSI-WSP announcing the availability
of $3 million from amounts earmarked for the program. The NOFA states
the requirements that will govern the use of these funds in FY 1996.
HUD's intents to use the requirements contained in the NOFA, which is
Appendix A to this document, as the basis for a final rule and invites
public comment on the announced requirements.
DATES: Comments must be received by December 2, 1996.
ADDRESSES: Interested persons are invited to submit comments regarding
the proposed requirements to the Office of the Rules Docket Clerk, Room
10276, U.S. Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC 20410. Comments should refer to the above
docket number and title. A copy of each comment submitted will be
available for public inspection and copying during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University
Partnerships, U.S. Department of Housing and Urban Development, Room
8110, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 708-
1537. Hearing or speech-impaired individuals may call HUD's TTY number
(202) 708-1455, or 1-800-877-8339 (Federal Information relay Service
TTY). (Other than the ``800'' number, these are not toll-free numbers.)
Ms. Karadbil can also be contacted via the Internet at
Jane__R.__K[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Conference Report (H. Rep. 104-384, dated December 6, 1995)
serving as guidance accompanying ``The Departments of Veterans Affairs
and Housing and Urban Development and Independent Agencies
Appropriations Act, 1996'' (Public Law 104-134) earmarked funds for a
new community development work study program for Hispanic-Serving
Institutions (HSIs). HUD has determined that this Report provides
sufficient legal basis for establishing the HSI-WSP. The Report
included this new program as a companion to the existing Community
Development Work Study (CDWSP) program and the HSI-WSP will, therefore,
be governed by the statutory requirements applicable to the CDWSP.
CDWSP was created by Section 501(b)(2) of the Housing and Community
Development Act of 1987 (Pub. L. 100-242, enacted on February 5, 1988),
which added a new section 107(c) to the Housing and Community
Development Act of 1974 (42 U.S.C. 5301, et seq.). Under this
authority, HUD is authorized to award grants to institutions of higher
education, either directly or through areawide planning organizations
(APOs) or States, for the purpose of providing assistance to
economically disadvantaged and minority students who participate in
community development work study programs and are enrolled in full-time
graduate and undergraduate programs in community development, community
planning, or community management. For the HSI-WSP, eligibility will be
limited to two-year public or private non-profit institutions of higher
education, designated as Hispanic-Serving Institutions by the U.S.
Department of Education. A list of these institutions appears as
Appendix A of the Notice of Funding Availability.
Elsewhere in today's issue of the Federal Register, HUD is
publishing a Notice of Funding Availability (NOFA) for HSI-WSP
announcing the availability of $3 million from amounts earmarked for
the program in the above-referenced Conference Report and stating the
requirements that will govern the use of these funds.
HUD intends to use today's NOFA as the basis for a final rule
amending 24 CFR part 570 and establishing requirements for the HSI-WSP.
For this reason, HUD is inviting public comment on the requirements
contained in the NOFA, so that the final rule on the HSI-WSP will have
the benefit of public participation.
Findings and Certifications
Information Collection Requirements
The information collection requirements contained in this proposed
rule have been approved by the Office of Management and Budget (OMB) in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2528-0182. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995, Pub.L. 104-4,
established requirements for Federal agencies to assess the effects of
their regulatory actions on State, local, and tribal governments and
the private sector. This rule does not impose any Federal mandates on
any State, local, or tribal governments or the private sector within
the meaning of the Unfunded Mandates Reform Act of 1995.
Environmental Review
In accordance with 24 CFR 50.20(b) of the HUD regulations, the
policies and procedures contained in this NOFA relate only to training
grants and technical assistance and, therefore, are categorically
excluded from the requirements of the National Environmental Policy
Act.
The Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this proposed rule, and in so
doing certifies that it will not have a significant economic impact on
a substantial number of small entities. The rule only affects
applicants and participants in the Hispanic-Serving Institutions
Community Work Study Program, and will not have any meaningful economic
impact on any entity.
Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
and procedures contained in this proposed rule will not have
substantial direct effects on States or their political subdivisions,
or the relationship between the Federal government and the States, or
on the distribution of power and responsibilities among the various
levels of government. As a
[[Page 51557]]
result, the rule is not subject to review under the Order.
Specifically, the rule solicits participation by institutions of higher
education in creating community development work study programs for
some of their economically disadvantaged and minority students. The
rule does not impinge upon the relationships between the Federal
Government and State or local governments.
The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule has the
potential for beneficial impact on family formation, maintenance, and
general well-being. The program will enable economically disadvantaged
and minority students to get a college education, helping them to
become self-sufficient. Accordingly, since the impact on the family is
beneficial, no further review is necessary.
List of Subject in 24 CFR Part 570
Community development block grants-technical assistance and
services, Education-higher education-general.
The Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program number is
14.513.
Dated: August 22, 1996.
Michael A. Stegman,
Assistant Secretary for Policy Development and Research.
Appendix A--Hispanic--Serving Institutions Work Study Program Notice of
Funding Availability--FY 1996
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY)
1996.
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SUMMARY: This notice invites applications from certain institutions
of higher education (i.e., public and private non-profit Hispanic-
Serving community colleges) for grants under the Hispanic-Serving
Institutions Work Study Program (HSI-WSP), to assist economically
disadvantaged and minority students participating in work study
programs. The HSI-WSP program was created through an earmarking of
funds under the Community development Work Study Program. This
notice announces the availability of up to $3 million in grants from
FY 1996 appropriations to fund the HSI-WSP.
EFFECTIVE DATE: October 2, 1996.
DATES: Applications must be physically received by the Office of
University Partnerships, in care of the Division of Budget,
Contracts, and Program Control, in Room 8230, Department of Housing
and Urban Development, 451 Seventh Street, SW., Washington, DC
20410, by 4:30 p.m. Eastern Time on December 11, 1996. Facsimiles
will not be accepted. This deadline is firm as to date, hour, and
place. In the interest of fairness to all competing applicants, the
Department will treat as ineligible for consideration any
application that is received after the deadline. Applicants should
take this practice into account and make early submissions of their
materials to avoid any risk of loss of eligibility brought about by
unanticipated delays or other delivery-related problems. Applicants
hand-delivering applications are advised that considerable delays
may occur in attempting to enter the building because of security
procedures.
ADDRESSES: Because of the limited number of institutions eligible to
apply for the HSI-WSP, the Department will be sending an application
kit directly to the President of each eligible institution, without
requiring institutions to request them. Application kits may also be
obtained by written request from the following address: HUD USER,
ATTN: Hispanic-Serving Institutions Work Study Program, P.O. Box
6091, Rockville, MD 20850. Requests for application kits may be
faxed to: 301-251-5767 (this is not a toll-free number). Such
requests must include the applicant's name, mailing address
(including zip code), telephone number (including area code), and
must refer to ``Document FR-4105.'' In addition, the application kit
is available on the Internet from the Office of University
Partnerships Clearinghouse. The Clearinghouse can be accessed from
the World Wide Web at: http://oup.aspensys.com:89; or from a Gopher
Server at: gopher://oup.aspensys.com:77.
FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University
Partnerships, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone (202) 708-1537,
extension 218. The TTY number for the hearing impaired is (202) 708-
1455. (These are not toll-free numbers.) The Federal Information
Relay Service toll free number is 800-877-8339. Ms. Karadbil can
also be reached via the Internet at [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
``The Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996''
(Public Law 104-134) appropriated funds for HUD's Community
Development Work Study Program (CDWSP). The Conference Report, H.
Rep. 104-384, dated December 6, 1995, which serves as guidance for
that statute, earmarked funds for a new community development work
study program for Hispanic-Serving Institutions (HSIs) as part of
the existing CDWSP. HUD has determined that this Report provides
sufficient legal basis for establishing the Hispanic-Serving
Institutions Work Study Program (HSI-WSP).
CDWSP was created through section 501(b)(2) of the Housing and
Community Development Act of 1987 (Public Law 100-242, enacted on
February 5, 1987), which added a new Section 107(c) to the Housing
and Community Development Act of 1974 (42 U.S.C. 5301, et seq.).
Under CDWSP regulations, HUD is authorized to provide grants to
institutions of higher education, either directly or through area-
wide planning organizations (APOs) or States, for the purpose of
providing assistance to economically disadvantaged and minority
students, including students with disabilities, who participate in
community development work study programs and are enrolled in full-
time graduate programs in community or economic development,
community planning, or community management. While the statute
creating CDWSP authorized funding for students enrolled in eligible
undergraduate or graduate programs, a recently issued regulation has
limited that program to graduate programs. HSI-WSP is subject to the
same statutory requirements applicable to the CDWSP. For the HSI-
WSP, however, eligibility will be limited to two-year public or
private non-profit institutions of higher education, designated as
Hispanic-Serving Institutions by the U.S. Department of Education
(see Appendix A). It should be noted that while the term
``undergraduate'' was never construed under CDWSP to include two-
year institutions of higher education, the U.S. Department of
Education includes these institutions in its definition of
``undergraduate.''
B. Purpose of Notice
This notice announces the requirements that will govern the use
of funds earmarked for HSI-WSP for fiscal year 1996. HUD believes
good cause exists for making these requirements effective for fiscal
year 1996 without prior public comment, because the failure to make
these requirements effective immediately would prevent the use of
HSI-WSP funds during the 1996-1997 school year. The time period
remaining before the end of the 1996-1997 school year will not allow
HUD to publish proposed requirements, respond to public comments,
publish a notice containing revised requirements, select recipients,
and permit the recipients to bring their programs into operation.
Today's notice will make funds available to recipients at the
earliest possible date (i.e., the second semester of the 1996-1997
school year). Elsewhere in today's issue of the Federal Register,
HUD is publishing a notice of proposed rulemaking for the HSI-WSP,
based on the requirements of this NOFA. The notice of proposed
rulemaking incorporates this NOFA by reference, states HUD's
intention to use the requirements contained in this NOFA as the
basis for a final rule amending 24 CFR part 570, and invites public
comment on the announced requirements that will be used in
subsequent funding rounds.
This notice also solicits applications for the $3 million in
funding available for HSI-WSP grants. The applications requirements
and deadlines are set forth in sections XIV. through XVII. of the
program description below.
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C. HSI-WAP Program Description
I. Applicability and Objectives
Under the HSI-WSP, HUD will make grants to certain public and
private non-profit HSIs of higher education for the purpose of
providing assistance to economically disadvantaged and minority
students who participate in a work study program while enrolled in
full-time community college programs in community building, and to
provide entry to pre-professional careers in these fields.
II. Eligible Institutions
Title III of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(1)) defines an HSI generally as an eligible institution of
education that has an enrollment of undergraduate full-time students
that is at least 25 percent Hispanic; in which not less than 50
percent of the Hispanic students are low-income individuals (i.e.,
their families' taxable income for the preceding year did not exceed
150 percent of the poverty level) who are first generation college
students; and in which another 25 percent of the Hispanic students
are either low-income individuals or first generation college
students. The Department will use this definition to determine
eligibility for the HSI-WSP. Further, the U.S. Department of
Education has issued a list of all institutions meeting this
definition. A list of the community colleges on this list appears as
Appendix A to this Notice of Funding Availability. Only institutions
on this list, or subsequently added to the U.S. Department of
Education's list of qualified HSI's, prior to the application
deadline, are eligible to apply for HSI-WSP funds under this Notice.
The Department has decided to limit eligibility under the HSI-
WSP to community colleges for several reasons. There are currently
200 institutions of higher education certified by the U.S.
Department of Education as ``Hispanic-Serving.'' Of this number 60
are universities, 24 are four-year colleges, 27 are two-year
proprietary, i.e., for-profit, colleges, and 89 are public or
private non-profit community colleges. Hispanic-Serving universities
are already eligible for the CDWSP and there is no compelling reason
to make them eligible for both programs. Because community colleges
are not eligible for the CDWSP, their students are not able to
partake of the benefits the program has to offer. Hispanic-Serving
four-year colleges are not eligible under this NOFA, nor under the
new final rule for the CDWSP. Creating a program which makes
community colleges and four-year colleges and universities all
eligible would mean two sets of policies and requirements because of
the very different nature of the educational programs they provide.
Undue complexity would be created for the benefit of just a few
institutions. The Department has also limited eligibility to
community colleges because it believes it is important to encourage
and assist their previously under-served disadvantaged student
population to gain entry to pre-professional community building
career paths. Increasing access to these career paths will not only
benefit the students, but also the communities in which they live
and will work.
The Department has decided to limit the program to non-profit
two-year institutions of higher education because it does not
believe that for-profit institutions should benefit from this
program.
Areawide planning organizations (APOs) and States will not be
eligible to apply for the HSI-WSP because the Department wishes to
minimize the complexity of implementing a new program. With regard
to the proposed rule published elsewhere in today's Federal
Register, the Department requests comments on whether and under what
circumstances, Hispanic-Serving community colleges could benefit
from the eligibility of APOs and States.
III. Eligible Community Building Academic Programs
The statute authorizing the Community Development Work Study
Program requires that participating students be enrolled in a full-
time program in ``community or economic development, community
planning, or community management.'' The regulation governing the
CDWSP (at 24 CFR part 570.415) construes this statutory language
rather narrowly and specifies such academic disciplines as public
administration, public policy, urban economics, urban management, or
urban planning. However, because community colleges usually do not
offer courses in these specific fields of study, it is necessary for
the HSI-WSP to encompass a wider range of academic programs.
Accordingly, this notice uses the terms ``community building
associate degree program'' and ``community building academic
program'' to reference the types of academic programs encompassed in
the statutory phrase `'community or economic development, community
planning, or community management,'' being construed broadly for
purposes of the HSI-WSP. For the HSI-WSP, a community building
associate degree program will encompass not only academic programs
authorized under the CDWSP, but also other fields that promote
community building or community or social services. For example,
administration of justice, child development, and human services
would all be eligible community building associate degree programs,
while natural sciences, computer sciences, mathematics, accounting,
electronics, engineering, and the humanities (such as English or
history) would not.
IV. Eligible Work Experiences
Work experiences under the HSI-WSP must complement the field of
study the student is pursuing. For example, a student pursuing a
degree in child development might work in a day care center, or a
student pursuing a degree in the administration of justice might
work with parole officers. Students are expected to work 12-20 hours
a week during the academic year and 35-40 hours a week during the
summer.
V. Eligible Students
All students must be economically disadvantaged, regardless of
whether they are members of a minority group. While the program is
restricted to eligible Hispanic-Serving Institutions, the program
may not be restricted to Hispanic students nor provide any
preferential treatment in the selection of students based on race or
ethnicity.
Students must be attending the institution on a full-time basis,
as defined by that institution, and pursuing an eligible community
building associate degree. Students must have attained no more than
half of the credits required for their degree at the time they first
receive assistance under this program. If a student's participation
terminates, the student may not be replaced; the grant will be
reduced by the amount of unused funds allotted for that student.
Students are required to maintain a satisfactory level of
performance, defined for this purpose as a B average. However, with
regard to the proposed rule published elsewhere in today's Federal
Register, because some community colleges provide only pass/fail
grades, comments are requested on whether this definition is
appropriate or what definition should be substituted for it.
VI. Amount of Assistance to a Student
Unlike the CDWSP, the amount of assistance that can be provided
to a student will be a lump sum, allowing the institution to
determine how much will be used for various eligible expenditures.
The maximum amount that may be provided per student is $13,200 a
year, for two years. Eligible expenditures are limited to tuition
and fees, a work stipend, books, and an allowance of $1,000 per
student per year to cover the cost of the institution's
administration of the program. While HUD will not set a maximum on
how much can be spent for each eligible expenditure, except for the
administrative allowance, the institution must be able to document
that the amounts paid are based on usual student expenditures for
that institution and that it has actually paid that amount to the
student.
VII. Number of Students Assisted
The minimum number of students that may be assisted is three per
participating institution of higher education and the maximum is ten
students per participating institution of higher education.
VIII. Graduation Rates
The CDWSP regulations require that, in order for institutions of
higher education to be eligible for funding competitions under that
program, a 50-percent rate of graduation for students participating
in that program be maintained. The regulations also include the rate
of graduation from previous CDWSPs as a selection criterion. It is
important to select institutions that are providing a high-quality
education and other services that will ensure that their students
graduate. However, because the HSI-WSP has no previous track
experience, it is unclear whether such a threshold requirement and/
or a selection criterion are appropriate. Since no previous rates of
graduation will be available for the first funding round, this
notice specifies no such threshold requirement or selection
criterion. However, with regard to the proposed rule published
elsewhere in today's Federal Register, the Department solicits
comments on whether such a threshold requirement and/or selection
criterion should
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be included in the final rule for the program, as well as how these
should be applied.
IX. Definitions
The following definitions apply to HSI-WSP:
Applicant means a public or private non-profit institution of
higher education that offers two year degree programs and qualifies
as a Hispanic-Serving Institution.
Community building means community and economic development,
community planning, community management, land use, and housing
activities.
Community building associate degree program or academic program
means the undergraduate associate degree program whose purpose and
focus is to educate students in community building. The terms
``community building academic program'' or ``academic program''
refer to the types of academic programs encompassed in the statutory
phrase ``community or economic development, community planning or
community management.'' However, this statutory language is being
construed broadly for the HSI-WSP to include but not be limited to
associate degree programs in community and economic development,
community planning, community management, public administration,
public policy, urban economics, urban management, urban planning,
and related fields of study. Related fields of study that promote
community building, such as administration of justice, child
development, and human services are eligible, while fields such as
natural sciences, computer sciences, mathematics, accounting,
electronics, engineering, and the humanities (such as English or
history) would not.
Community building field means any of the fields of study
eligible under a community building academic program.
Economically disadvantaged and minority students means students
who satisfy all applicable guidelines established at the
participating institution of higher education to measure financial
need for academic scholarship or loan assistance, including, but not
limited to, students who are Black, American Indian/Alaskan Native,
Hispanic, Asian/Pacific Islands, and including students with
disabilities.
Hispanic-Serving Institution is an institution of higher
education that the U.S. Department of Education has determined meets
the criteria set out at 20 U.S.C. 1059c(b)(1), including the
following: an institution that has an enrollment of undergraduate
full-time students that is at least 25 percent Hispanic; in which
not less than 50 percent of the Hispanic students are low-income
individuals (i.e., 150 percent of the poverty level) who are first
generation college students and another 25 percent are either low-
income individuals or first generation college students. The U.S.
Department of Education has determined the eligibility of specific
institutions and has issued a list of institutions meeting this
definition. A list of the community colleges on this list appears as
Appendix A of this NOFA. Only institutions on this list, or
subsequently added to the U.S. Department of Education's list prior
to the application deadline, are eligible to apply for HSI-WSP funds
under this Notice.
HSI-WSP means the Hispanic-Serving Institutions Work Study
Program.
Institution of higher education means a public or private non-
profit educational institution that offers two-year associate
degrees in a community building academic program and that is
accredited by an accrediting agency or association recognized by the
Secretary of Education.
Recipient means an approved applicant that executes a grant
agreement with HUD.
Student means a person attending an institution of higher
education on a full-time basis, as defined by that institution and
pursuing an eligible community building degree. Students must have
attained no more than half of the credits required for their degree
at the time they first receive assistance under HSI-WSP.
Student with disabilities means a student who meets the
definition of a ``person with disabilities'' in the Americans with
Disabilities Act of 1990.
X. Assistance Provided
(a) Types of assistance available
HUD provides funding in the form of grants to recipients who
make assistance available to eligible students. Grants are provided
to cover the costs of student assistance and for an administrative
allowance.
(b) Student assistance.
Grant funds may be provided to students in the form of student
stipends, tuition support, and additional support.
(1) Student stipend. The amount of the student stipend should be
based on the hourly rate for initial entry positions in the
community building field and the number of hours worked by the
student at the work placement assignment. The hourly rate should be
sufficiently high to allow the student to earn the full stipend, as
determined by the recipient, without working over 20 hours per week
during the school year and 40 hours per week during the summer.
(2) Tuition support. The amount of tuition support may not
exceed the tuition and required fees charges at the participating
institution of higher education.
(3) Additional support. The recipient may provide additional
support for books and for travel related to the academic program or
work placement assignment. Costs associated with reasonable
accommodations for students with disabilities including, but not
limited to, interpreters for the deaf/hard of hearing, special
equipment, and braille materials are eligible under this category.
(c) Administrative allowance.
HUD provides an allowance to recipients to cover the
administrative costs of the program. The administrative allowance is
$1,000 per year for each student participating in the program;
however no more than 20 percent of the grant may be used for
planning and program administrative costs. The maximum amount that
can be provided for each student is $13,200 a year, including $1,000
for the administrative allowance. HUD will not set a maximum on how
much should be spent for each eligible expenditure, aside from the
$1,000 limit on administrative costs. However, the institution must
be able to document that the amounts paid are based on usual student
expenditures for that institution and that it has actually paid that
amount to the student.
(d) Number of students assisted.
The minimum number of students that may be assisted in three
students per participating institution of higher education. The
maximum number of students that may be assisted is ten students per
participating institution of higher education.
XI. Recipient Eligibility and Responsibilities
(a) Recipient eligibility.
Hispanic-Serving Institutions of higher education offering
undergraduate two-year associate degrees in a community building
associate degree program are eligible for assistance under the HSI-
WSP.
(b) Recipient responsibilities.
The recipient is responsible for administering the program, for
compliance with all program requirements, and for coordination of
program activities carried out by the work placement agencies. The
recipient must:
(1) Recruit and select students for participation in the HSI-
WSP. The recipient shall establish recruitment procedures that
identify eligible economically disadvantaged and minority students
pursuing careers in community building, and make them aware of the
availability of assistance opportunities. While the program is
restricted to HSIs, the recipient may neither restrict the program
to any particular minority group or groups nor provide any
preferential treatment in the selection of students based on race or
ethnicity. Students must be selected before the beginning of the
semester for which funding is being provided. If a student's
participation terminates, the student may not be replaced; the grant
will be reduced by the amount of unused funds allotted for that
student.
(2) Provide the educational component for participating
students.
(3) Recruit and select work placement agencies, and negotiate
and execute an agreement covering each work placement assignment.
(4) Refer participating students to work placement agencies and
assist students in the selection of work placement assignments.
(5) Assign sufficient staff to administer and supervise the
program on a day-to-day basis.
(6) Encourage participating students to obtain post-graduation
employment with a unit of State or local government, APO, Indian
tribe or nonprofit organization engaged in community building.
(7) Maintain records by racial and ethnic categories for each
economically disadvantaged and minority student participating in the
HSI-WSP.
(8) Keep such records and make such reports as HUD may require.
(9) Comply with all other applicable Federal requirements.
XII. Work Placement Agencies Eligibility and Responsibilities
(a) Work placement agency eligibility
To be eligible to participate in the HSI-WSP, the work placement
agency must be an agency of a State or local government, an
[[Page 51560]]
areawide planning organization, an Indian tribe, or a private
nonprofit organization involved in community building activities.
(b) Work placement agency responsibilities
Work placement agencies must:
(1) Provide practical experience and training in the community
building field to participating students through work placement
assignments.
(2) Consult with the institution of higher education to ensure
that the student's work placement assignment provides the requisite
experience and training to meet the required number of work hours
specified in the student work place agreement.
(3) Provide a sufficient number of work placement assignments to
provide participating students with a wide choice of work
experience.
(4) Require each student to devote 12-20 hours per week during
the regular school year, and 35-40 hours a week during the summer,
to the work placement assignment. Work placement agencies may
provide flexibility in the work period, if such a schedule is
consistent with the requirements of the student's academic program.
However, a participating student may receive a stipend payment only
during the period when the student is placed with the work placement
agency.
(5) Comply with all other applicable Federal requirements.
(6) Maintain such records as HUD may require.
XIII. Students Eligibility, Selection, and Responsibilities
(a) Student eligibility.
Students apply directly to recipients receiving grants under the
HSI-WSP. To be eligible for the HSI-WSP, the student:
(1) Must satisfy all applicable guidelines established at the
participating institution of higher education to measure financial
need for academic scholarship or loan assistance.
(2) Must be a full-time student enrolled in a community building
associate degree program at the participating institution of higher
education. The student must have attained no more than 50 percent of
the credits required for his/her degree at the time the student
first receives assistance under this program.
(3) Must demonstrate an ability to maintain a satisfactory level
of performance in a community building associate degree program
(i.e., maintain a B average, as defined by the institution) and in
work placement assignments, and comply with the professional
standards set by the recipient and the work placement agencies.
(4) May not have previously participated in the HSI-WSP.
(b) Student selection.
In selecting among the eligible students, the recipient must
consider the extent to which each student has demonstrated:
(1) Financial need under the applicable guidelines established
at the institution of higher education;
(2) An interest in, and commitment to, a career in community
building;
(3) The ability to satisfactorily complete the academic and work
placement responsibilities under the HSI-WSP.
(c) Student responsibilities.
Participating students must:
(1) Enroll or be enrolled in a two-year community building
associate degree program. A student's academic and work placement
responsibilities include: Full-time enrollment in an approved
academic program; maintenance of a satisfactory level of performance
in the community building associate degree program and in work
placement assignments; and compliance with the professional conduct
standards set by the recipient and by the work placement agency. A
satisfactory level of academic performance consists of maintaining a
B average, as defined by the institution. A student's participation
in the HSI-WSP shall be terminated for failure to meet these
responsibilities and standards. If the student's participation is
terminated, the student is ineligible for further HSI-WSP
assistance.
(2) Agree to make a good-faith effort to obtain post-graduation
employment in community building with a unit of State or local
government, and APO, and Indian tribe, or a non-profit organization.
However, If the student does not obtain such employment, the student
is not required to repay the assistance received.
XIV. Application Process
HUD has developed an application package describing the
information that applicants for HSI-WSP assistance must submit. The
application due date is December 11, 1996. Because of the limited
number of institutions eligible to apply for the HSI-WSP, the
Department will be sending an application kit directly to the
President of each eligible institution, without requiring
institutions to request them. A list of the eligible institutions
appears in Appendix A of this NOFA. Application kits may also be
obtained by written request from the following address: HUD USER,
ATTN: Hispanic-Serving Institutions Work Study Program, P.O. Box
6091, Rockville, MD 20850. Request for application kits may be faxed
to: 301-251-5767 (this is not a toll-free number). Such requests
must include the applicant's name, mailing address (including zip
code), telephone number (including area code), and must refer to
``Document FR-4105.'' In addition, the application kit is available
on the Internet from the Office of University Partnerships
Clearinghouse. The Clearinghouse can be accessed from the World Wide
Web at: http://oup.aspensys.com:89; or from a Gopher Server at:
gopher://oup.aspensys.com:77.
XV. Submitting Applications and Deadline Date and Time
Applications for funding under this NOFA must be complete and
must be physically received in the place designated in the
application kit for receipt, by 4:30 p.m. Eastern Time on December
11, 1996. Facsimiles will not be accepted. The deadline date and
time will be firm as to date, hour, and place. In the interest of
fairness to all competing applicants, the Department will treat as
ineligible for consideration any application that is received after
the deadline. Applicants should take this practice into account and
make early submission of their materials to avoid any risk of loss
of eligibility brought about by unanticipated delays or other
delivery related problems. Applicants hand-delivering applications
are advised that considerable delays may occur in attempting to
enter the building because of security procedures.
XVI. Selection process
The selection process for applications under the HSI-WSP
consists of a threshold review, rating of eligible applications, and
final selection.
(a) Threshold. To be eligible for rating and ranking, an
applicant must meet all of the following threshold requirements:
(1) The application must be filed in the application form
prescribed by HUD and physically received at the appropriate
location by the required due date;
(2) The applicant must demonstrate that it is an HSI;
(3) The applicant must demonstrate that it is eligible to
participate; and
(4) The applicant must demonstrate that it has the required
academic programs to carry out its activities under the HSI-WSP.
(b) Rating. All applications that meet the threshold
requirements will be rated according to the following selection
factors.
1. Quality of the Academic Program (40 points)--In rating this
factor, HUD will evaluate: (i) The quality of the academic program
in terms of community building course offerings and academic
requirements for students, including its appropriateness to prepare
students for careers in community building fields (25 points); and
(ii) the qualifications of the faculty members and the
percentage of time they will teach in the academic program and the
qualifications of the academic supervisor to direct and manage the
program (15 points).
2. Quality of the Proposed Student Work Placement Assignments
(20 points)--In rating this factor, HUD will evaluate the extent to
which the participating students will receive a sufficient number
and variety of work placement assignments that will provide
practical and useful experience and further the participating
students' preparation for professional careers in community
building.
3. Likelihood of Fostering Students' Permanent Post-Graduation
Employment in Community Building (10 points)--In rating this factor,
HUD will evaluate the extent to which the institution's educational
program (based on past experience), including the assistance it
provides to its students in finding post graduation permanent
employment, has led directly and immediately to career opportunities
in community building fields.
4. Effectiveness of Program Administration (20 points)--In
rating this factor, HUD will evaluate: (i) the degree to which the
Program Director has clear responsibility, ample percentage of time,
and sufficient institutional or academic authority to coordinate the
overall administration of the program; and (ii) the adequacy of the
applicant's plan for placing students in work placement assignments
and keeping track of students during the two-year academic period
and work placement assignments.
[[Page 51561]]
5. Demonstrated Commitment of the Applicant to Meeting
Economically Disadvantaged and Minority Students' Needs (10
points)--In rating this factor, HUD will evaluate the extent to
which the applicant's recruitment activities, special education
programs, and other means, including the provision of reasonable
accommodations for students with disabilities, demonstrates an
active, aggressive, and imaginative effort to identify, attract, and
retain qualified minorities and economically disadvantaged students,
including students with disabilities; and the extent to which the
HSI-WSP award will not result in a decrease in the amount of the
institution's own financial support available for minority and
economically disadvantaged students, including students with
disabilities, in the academic areas or the institution as a whole.
(c) Corrections to Deficient Applications. After the submission
deadline date, HUD will screen each application to determine whether
it is complete. If an application lacks certain technical items or
contains a technical error, such as an incorrect signatory, HUD will
notify the applicant in writing that it has 14 calendar days from
the date of HUD's written notification to cure the technical
deficiency. If the applicant fails to submit the missing material
within the 14-day cure period, HUD may disqualify the application.
This 14-day cure period applies only to non-substantive
deficiencies or errors. Any deficiency capable of cure will involve
only items not necessary for HUD to assess the merits of an
application against the factors specified in this NOFA. Substantive
deficiencies or errors may not be corrected.
(d) Final selection. All applications that are rated will be
rank ordered based on their total scores on the selection factors.
Applications will be considered for selection based on their rank
order. HUD may make awards out of rank order to achieve geographic
diversity, and may provide assistance to support a number of
students that is less than the number requested under an application
in order to provide assistance to as many highly ranked applications
as possible.
If there is a tie in the point scores of two applications, the
rank order will be determined by the applicants' scores on selection
factor (1). The application with the most points on selection factor
(1) will be given the higher rank. If there is still a tie, the rank
order will be determined by the applicants' scores on selection
factor (5). The application with the most points for selection
factor (5) will be given the higher rank.
XVII. Application Content
Applicants must complete and submit applications in accordance
with instructions contained in the application kit. The following is
a checklist of the application content that will be specified in the
application kit:
(a) Transmittal letter, identifying the agency accrediting the
institutions of higher education on whose behalf the application is
filed and further stating that such accrediting agency(ies) are
recognized by the U.S. Department of Education. The transmittal
letter should also include the name, address, phone number,
facsimile number and e-mail address (if any) of the person
responsible for administering the program.
(b) A completed and signed Standard Form 424, Application For
Federal Assistance.
(c) Abstract.
(d) Table of Contents.
(e) Proposal narrative statement addressing the factors for
award.
(f) Sample copy of student/recipient binding agreement.
(g) Sample copy of recipient/student work placement agreement.
(h) Management/Workplan.
(i) Resumes of key staff and faculty.
(k) Budget for the program.
(l) Audit/financial management system information.
(m) Certification by IPA or cognizant audit agency of
applicant's financial management system.
(n) Drug-Free Workplace Certification.
(o) Disclosure of Lobbying Activities on SF-LLL, if applicable.
XVIII. Agreements
(a) Grant agreement.
The responsibilities of the recipient under the HSI-WSP will be
incorporated in a grant agreement executed by HUD and the recipient.
(b) Student agreement.
The recipient and each participating student must execute a
written agreement incorporating their mutual responsibilities under
the HSI-WSP. The agreement must be executed before the student can
be enrolled in the program. A student's participation in the HSI-WSP
shall be terminated for failure to meet the responsibilities and
standards in the agreement.
(c) Work placement assignment agreement.
The recipient, the student, and the work placement agency must
execute a written agreement covering each work placement assignment.
The agreement must address the responsibilities of each of the
parties, the educational objectives, the nature of the supervision,
the standards of evaluation, and the student's time commitments
under the work placement assignment.
XIX. Grant Administration
(a) Initial obligation of funds.
When HUD selects an application for funding, HUD will obligate
funds to cover the amount of the approved grant. The term of the
award will be for two calendar years, unless subsequently altered by
HUD at its discretion for good cause.
(b) Disbursement.
Recipients will receive grant payments by direct deposit. If
that is not possible, grant payments will be made by U.S. Treasury
Checks.
(c) Deobligation.
HUD may deobligate amounts for grants if proposed activities are
not begun or completed within a reasonable period of time after
selection.
XX. Other Federal Requirements
(a) Applicability of part 570
The HSI-WSP shall be subject to the policies and procedures set
forth in subparts A, K, and O of 24 CFR part 570, as applicable,
except as modified or limited under the provisions of this Notice.
The provisions of subparts C and J of part 570 shall not apply to
the HSI-WSP.
b. Uniform Administrative requirements
Recipients under the HSI-WSP shall comply with the requirements
and standards of OMB Circular No. A-22, ``Cost Principles for
Educational Institutions.'' Recipients that are private institutions
of higher education shall comply with OMB Circular A-133, ``Non-
Federal Audit Requirements for Institutions of Higher Education and
other Nonprofit Institutions,'' which is implemented at 24 CFR part
45. Recipients that are public institutions of higher education
shall comply with OMB circular A-128, ``Non-Federal Audit
Requirements for State and Local Governments,'' which is implemented
at 24 CFR part 44. Audits shall be conducted annually. In addition,
all recipients under the HSI-WSP shall comply with the provisions of
OMB Circular A-110, ``Uniform Administrative Requirements for Grants
and Agreements With Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations,'' which is implemented at 24 CFR
part 84. OMB Circular A-110 shall apply to recipients in its
entirety.
Other Matters
Prohibition Against Lobbying Activities
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of Section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) and the HUD implementing
regulations at 24 CFR Part 87. These authorities prohibit recipients
of federal contracts, grants or loans from using appropriated funds
for lobbying the Executive or Legislative Branches of the Federal
Government in connection with a specific contract, grant or loan.
The prohibition also covers the awarding of contracts, grant,
cooperative agreements or loans unless the recipient has made an
acceptable certification regarding lobbying. Under 24 CFR Part 87,
applicants, recipients and subrecipients of assistance exceeding
$100,000 must certify that no federal funds have been or will be
spent on lobbying activities in connection with the assistance.
Required Reporting. A certification is required at the time
application for funds is made that Federally appropriated funds are
not being or have not been used in violation of section 319 and the
disclosure will be made of payments for lobbying with other than
federally appropriated funds. Also, there is a standard disclosure
form, SF-LLL, ``Disclosure Form to Report Lobbying'', which must be
use to disclose lobbying with other than Federally appropriated
funds at the time of application.
1. Information Collection Requirements
The information collection requirements contained in this NOFA
have been approved by the Office of Management and Budget (OMB) in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2528-0182. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
[[Page 51562]]
2. Federalism Impact
The General Counsel, as the Designated Official under section
6(a) of Executive Order 12612, Federalism, has determined that the
policies and procedures contained in this notice will not have
substantial direct effects on States or their political
subdivisions, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities
among the various levels of government. This notice merely invites
applications from certain institutions of higher education for
grants under the Hispanic-Serving Institutions Work Study Program.
As a result, the notice is not subject to review under the Order.
3. Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this notice will likely
have a beneficial impact on family formation, maintenance, and
general well-being. This notice invites applications from certain
institutions of higher education for grants under the Hispanic-
Serving Institutions Work Study Program. Accordingly, since the
impact on the family is beneficial, no further review is considered
necessary.
4. Accountability in the Provision of HUD Assistance
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (HUD Reform Act) and the final rule codified at
24 CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448),
contain a number of provisions that are designed to ensure greater
accountability and integrity in the provision of certain types of
assistance administered by HUD. On January 14, 1992, HUD published,
at 57 FR 1942, a notice that also provides information on the
implementation of section 102. The documentation, public access, and
disclosure requirements of section 102 are applicable to assistance
awarded under this NOFA as follows:
Documentation and public access requirements. HUD will ensure
that documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material,
including any letters of support, will be made available for public
inspection for a five-year period beginning not less than 30 days
after the award of the assistance. Material will be made available
in accordance with the Freedom of Information Act (5 U.S.C. 552) and
HUD's implementing regulations at 24 CFR part 15. In addition, HUD
will include the recipients of assistance pursuant to this NOFA in
its Federal Register notice of all recipients of HUD assistance
awarded on a competitive basis.
Disclosures. HUD will make available to the public for five
years all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be
made available along with the applicant disclosure reports, but in
no case for a period less than three years. All reports--both
applicant disclosures and updates--will be made available in
accordance with the Freedom of Information Act (5 U.S.C. 552) and
HUD's implementing regulations at 24 CFR part 15.
5. Prohibition Against Advance Information on Funding Decisions
HUD's regulation implementing section 103 of the HUD Reform Act,
codified as 24 CFR part 4, applies to the funding competition
announced today. The requirements of the rule continue to apply
until the announcement of the selection of successful applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are restrained by part 4 from providing
advance information to any person (other than persons authorized to
receive such information) concerning funding decisions, or from
otherwise giving any applicant an unfair competitive advantage.
Persons who apply for assistance in this competition should confine
their inquiries to the subject areas permitted under 24 CFR part 4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815 (voice), (202) 708-
1112 (TTY). (These are not toll-free numbers.) For HUD employees who
have specific program questions, the employee should contact the
appropriate Field Office Counsel or Headquarters Counsel for the
program to which the question pertains.
6. Environmental Impact
In accordance with 24 CFR 50.20(b) of the HUD regulations, the
policies and procedures contained in this NOFA relate only to
training grants and technical assistance and, therefore, are
categorically excluded from the requirements of the National
Environmental Policy Act.
7. The Catalog of Federal Domestic Assistance Program
The Catalog of Federal Domestic Assistance Number is 14.513.
Dated: August 28, 1996.
Michael A. Stegman,
Assistant Secretary for Policy Development and Research.
Appendix A--Hispanic-Serving Community Colleges (As Designated by the
U.S. Department of Education)
SOURCE: 1993 Integrated Post-Secondary Education Data System (IPEDS) of
the U.S. Department of Education
------------------------------------------------------------------------
State Institution
------------------------------------------------------------------------
AZ.............................. Arizona Western College.
AZ.............................. Central Arizona College.
AZ.............................. Cochise College
AZ.............................. Prima Community College.
AZ.............................. South Mountain Community College.
CA.............................. Bakersfield College.
CA.............................. Cerritos College.
CA.............................. Chaffey Community College.
CA.............................. Citrus College.
CA.............................. College of the Desert.
CA.............................. College of the Sequioas.
CA.............................. Compton Community College.
CA.............................. Don Bosco Technical Institute.
CA.............................. East Los Angeles College.
CA.............................. Evergreen Valley College.
CA.............................. Fresno City College.
CA.............................. Gavilan College.
CA.............................. Hartnell College.
CA.............................. Imperial Valley College.
CA.............................. Kelsey-Jenney Business College.
CA.............................. Kings River Community College.
CA.............................. Los Angeles City College.
CA.............................. Los Angeles Harbor College.
CA.............................. Los Angeles Mission College.
CA.............................. Los Angeles Southwest College.
CA.............................. Los Angeles Trade Technical College.
CA.............................. Los Angeles Valley College.
CA.............................. Merced College.
CA.............................. Mount San Antonio College.
CA.............................. Fullerton College.
CA.............................. Oxnard College.
CA.............................. Palo Verde College.
CA.............................. Pasadena City College.
CA.............................. Porterville College.
CA.............................. Rancho Santiago College.
CA.............................. Rio Hondo College.
CA.............................. San Bernardino Valley College.
CA.............................. San Diego City College.
CA.............................. San Jose City College.
CA.............................. Skyline College.
CA.............................. Southwestern College.
CA.............................. West Hills Community College.
CO.............................. Community College of Denver.
CO.............................. Otero Junior College.
CO.............................. Pueblo Community College.
CO.............................. Trinidad State Junior College.
FL.............................. Miami-Dade Community College/North
Campus (Main).
FL.............................. Miami-Dade Community College/Homestead
College.
FL.............................. Miami-Dade Community College/Wolfson
Campus.
IL.............................. City Colleges of Chicago--Harry S
Truman College.
IL.............................. City Colleges of Chicago--Malcolm X
College.
IL.............................. City Colleges of Chicago--Richard J.
Daley College.
IL.............................. City Colleges of Chicago--Wilbur
Wright College.
IL.............................. Lexington Institute of Hospitality
Careers.
IL.............................. MacCormac Junior College.
IL.............................. Morton College.
IL.............................. Saint Augustine College.
NJ.............................. Hudson County Community College.
NJ.............................. Passaic County Community College.
NM.............................. Albuquerque Technical Vocational
Institute.
NM.............................. Eastern New Mexico University--Roswell
Campus.
NM.............................. New Mexico State University--Carlsbad
Campus.
NM.............................. New Mexico State University--Dona Ana
Campus.
NM.............................. New Mexico State University--Grants
Campus.
NM.............................. Northern New Mexico Community College.
NM.............................. Santa Fe Community College.
NM.............................. University of New Mexico--Los Alamos
Campus.
NM.............................. University of New Mexico--Valencia
Campus.
[[Page 51563]]
NY.............................. CUNY Bronx Community College.
NY.............................. CUNY Hostos Community College.
NY.............................. CUNY F.H. La Guardia Community
College.
PR.............................. Collegio Tecnologico Del Municipio de
San Juan.
PR.............................. Collegio Universitario Del Este.
PR.............................. University of Puerto Rico--Aguadilla
Regional College.
PR.............................. University of Puerto Rico--Carolina
Regional College.
PR.............................. University of Puerto Rico--La Montana
Regional College.
TX.............................. Bee County College.
TX.............................. Del Mar College.
TX.............................. El Paso Community College.
TX.............................. Laredo Community College.
TX.............................. Odessa Community College.
TX.............................. Palo Alto College.
TX.............................. San Antonio College.
TX.............................. Southwest Texas Junior College.
TX.............................. St. Philips College.
TX.............................. Texas Southmost College.
TX.............................. Texas State Technical College--
Harlingen.
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[FR Doc. 96-25052 Filed 10-1-96; 8:45 am]
BILLING CODE 4210-62-P/M