[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)] [Rules and Regulations] [Pages 18135-18139] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-9761] ======================================================================= ----------------------------------------------------------------------- CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 2510, 2516, 2517, 2519, 2521, and 2540 Administrative Costs for Learn and Serve America and AmeriCorps Grants Programs AGENCY: Corporation for National and Community Service. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Corporation issues this interim final rule to amend provisions relating to administrative costs in parts 2510, 2516, 2517, 2519, 2521, and 2540. For national service programs assisted by the Corporation that are subject to a statutory limit on the percentage of assistance that may be used to pay for administrative costs, the interim final [[Page 18136]] rule clarifies the definition of administrative costs, adds an explicit definition of program costs that are not subject to the limitation on administrative costs, and provides additional guidelines for applying the limitation on administrative costs. DATES: This interim final rule is effective April 14, 1998. Written comments must be received on or before June 15, 1998. ADDRESSES: Comments may be mailed or delivered to Kenneth L. Klothen, General Counsel, Corporation for National and Community Service, 1201 New York Avenue NW, Washington, D.C. 20525 or sent by facsimile transmission to (202) 565-2796. Copies of all communications received will be available for public inspection at the Corporation. FOR FURTHER INFORMATION CONTACT: Michael Kenefick, Director of Grants Management, Corporation for National and Community Service, (202) 606- 5000, ext. 101. SUPPLEMENTARY INFORMATION: Substantive Changes Under the National and Community Service Act of 1990, as amended (the Act), the Corporation for National and Community Service is authorized to provide assistance to States and other eligible entities to support national and community service programs. The Act provides that not more than five percent of assistance for a fiscal year may be used to pay for administrative costs in the following types of programs: (1) School-based service-learning programs; (2) community- based service-learning programs; (3) higher education innovative programs for community service; and (4) national service programs assisted under sections 121(a) and 121(b) of the Act through grants to State Commissions, Indian Tribes, U.S. Territories, and national nonprofit organizations. The Act itself does not define ``administrative costs'' but directs the Corporation to prescribe by rule the manner and extent to which assistance provided may be used to pay for administrative costs and the distribution of such costs between grantees and sub-grantees. Based on issues raised in recent audits of several national service programs, the Corporation has reviewed its regulations relating to administrative costs and determined that a revision is desirable. Because programs applying for assistance from the Corporation this year need to have clear guidance as to the rules governing their awards, the Corporation has determined that it would be contrary to the public interest to publish this amendment as a proposed rule. Therefore the amendments are made through an interim final rule that takes effect immediately. The Corporation seeks to clarify what types of costs are considered subject to the five percent limitation on administrative costs. The interim final rule includes a more explicit itemization of costs that are directly related to programs and projects, and therefore properly excluded from the definition of administrative costs. The interim final rule also provides guidelines for the implementation of the statutory requirements, including the use of indirect cost rates and the use of fixed rates for administrative costs. Executive Order 12886 The Corporation has determined that this regulatory action is not a ``significant'' rule within the meaning of Executive Order 12866 because it is not likely to result in: (1) An annual effect on the economy of $100 million or more, or an adverse and material effect on a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal government or communities; (2) the creation of a serious inconsistency or interference with an action taken or planned by another agency; (3) a material alteration in the budgetary impacts of entitlement, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) the raising of novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in Executive Order 12866. Regulatory Flexibility Act The Corporation has determined that this regulatory action will not result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Therefore, the Corporation has not performed the initial regulatory flexibility analysis that is required under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) for major rules that are expected to have such results. Other impact analyses This regulatory action contains no information collection requirements that are subject to review and approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3500 et seq.). For purposes of Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this regulatory action does not contain any federal mandate that may result in increased expenditures in either Federal, State, local, or tribal governments in the aggregate, or impose an annual burden exceeding $100 million on the private sector. List of Subjects 45 CFR Part 2510 Grant programs--social programs, Volunteers. 45 CFR Part 2516 Elementary and secondary education, Grant programs--social programs, Indians, Nonprofit organizations, Reporting and recordkeeping requirements, Volunteers. 45 CFR Part 2517 Community development, Grant programs--social programs, Nonprofit organizations, Reporting and recordkeeping requirements, Volunteers. 45 CFR Part 2519 Colleges and universities, Grant programs--social programs, Nonprofit organizations, Reporting and recordkeeping requirements, Volunteers. 45 CFR Part 2521 AmeriCorps, Grant programs--social programs, Volunteers. 45 CFR Part 2540 Administrative practice and procedure, Grant programs--social programs, Reporting and recordkeeping requirements, Volunteers. Dated: April 8, 1998. Kenneth L. Klothen, General Counsel. For the reasons stated in the preamble, parts 2510, 2516, 2517, 2519, and 2540 of chapter 25, title 45 of the Code of Federal Regulations are amended to read as follows: PART 2510--OVERALL PURPOSES AND DEFINITIONS 1. The authority citation for part 2510 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. [[Page 18137]] 2. In Sec. 2510.20, the definition of ``administrative costs'' is revised and a new definition of ``program costs'' is added in alphabetical order to read as follows: Sec. 2510.20 Definitions * * * * * Administrative costs. The term administrative costs means general or centralized expenses of overall administration of an organization that receives assistance under the Act and does not include program costs. (1) For organizations that have an established indirect cost rate for Federal awards, administrative costs mean those costs that are included in the organization's indirect cost rate. Such costs are generally identified with the organization's overall operation and are further described in Office of Management and Budget Circulars A-21 (Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local and Indian Tribal Governments), and A-122 (Cost Principles for Nonprofit Organizations) that provide guidance on indirect cost to Federal agencies. Copies of Office of Management and Budget Circulars are available from the Executive Office of the President, 725 17th Street, NW., room 2200, New Executive Office Building, Washington, D.C. 20503. They may also be accessed on-line at: http://www.whitehouse.gov/WH/EOP/OMB/grants/index.html. (2) For organizations that do not have an established indirect cost rate for Federal awards, administrative costs include: (i) Costs for financial, accounting, auditing, contracting, or general legal services except in unusual cases when they are specifically approved in writing by the Corporation as program costs. (ii) Costs for internal evaluation, including overall organizational management improvement costs (except for independent evaluations and internal evaluations of a program or project). (iii) Costs for general liability insurance that protects the organization(s) responsible for operating a program or project, other than insurance costs solely attributable to a program or project. * * * * * Program costs. The term program costs means expenses directly related to a program or project, including their operations and objectives. Program costs include, but are not limited to: (1) Costs attributable to participants, including: living allowances, insurance payments, and expenses for training and travel. (2) Costs (including salary, benefits, training, travel) attributable to staff who recruit, train, place, support, coordinate, or supervise participants, or who develop materials used in such activities. (3) Costs for independent evaluations and internal evaluations to the extent that the evaluations cover only the funded program or project. (4) Costs, excluding those already covered in an organization's indirect cost rate, attributable to staff that work in a direct program or project support, operational, or oversight capacity, including, but not limited to: support staff whose functions directly support program or project activities; staff who coordinate and facilitate single or multi-site program and project activities; and staff who review, disseminate and implement Corporation guidance and policies directly relating to a program or project. (5) Space, facility, and communications costs for program or project operations and other costs that primarily support program or project operations, excluding those costs that are already covered by an organization's indirect cost rate. (6) Other allowable costs, excluding those costs that are already covered by an organization's indirect cost rate, specifically approved by the Corporation as directly attributable to a program or project. * * * * * PART 2516--SCHOOL-BASED SERVICE-LEARNING PROGRAMS 1. The authority citation for part 2516 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. Subpart G--Funding Requirements 2. Section 2516.710 is revised to read as follows: Sec. 2516.710 Are there limits on the use of funds? Yes. The following limits apply to funds available under this part: (a) (1) Not more than five percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in Sec. 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant will be subject to the approval of the Corporation. (3) In applying the limitation on administrative costs the Corporation will approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to five percent of total Corporation funds expended, provided that-- (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award; (ii) Specify that a fixed rate of five percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Utilize such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. (b) (1) An SEA or Indian tribe must spend between ten and 15 percent of the grant to build capacity through training, technical assistance, curriculum development, and coordination activities. (2) The Corporation may waive this requirement in order to permit an SEA or a tribe to use between ten percent and 20 percent of the grant funds to build capacity. To be eligible to receive the waiver, the SEA or tribe must submit an application to the Corporation. (c) Funds made available under this part may not be used to pay any stipend, allowance, or other financial support to any participant in a service-learning program under this part except reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related to participation in a program assisted under this part. PART 2517--COMMUNITY-BASED SERVICE-LEARNING PROGRAMS 1. The authority citation for part 2517 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. Subpart G--Funding Requirements 2. Section 2517.710 is revised to read as follows: Sec. 2517.710 Are there limits on the use of funds? Yes. The following limits apply to funds available under this part: [[Page 18138]] (a) (1) Not more than five percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in Sec. 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant will be subject to the approval of the Corporation. (3) In applying the limitation on administrative costs the Corporation will approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to five percent of total Corporation funds expended, provided that-- (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award; (ii) Specify that a fixed rate of five percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Utilize such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. (b) (1) An SEA or Indian tribe must spend between ten and 15 percent of the grant to build capacity through training, technical assistance, curriculum development, and coordination activities. (2) The Corporation may waive this requirement in order to permit an SEA or a tribe to use between ten percent and 20 percent of the grant funds to build capacity. To be eligible to receive the waiver, the SEA or tribe must submit an application to the Corporation. (c) Funds made available under this part may not be used to pay any stipend, allowance, or other financial support to any participant in a service-learning program under this part except reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related to participation in a program assisted under this part. PART 2519--HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE 1. The authority citation for part 2519 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. Subpart G--Funding Requirements 2. Section 2519.710 is revised to read as follows: Sec. 2519.710 Are there limits on the use of funds? Yes. The following limits apply to funds available under this part: (a) (1) Not more than five percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in Sec. 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant will be subject to the approval of the Corporation. (3) In applying the limitation on administrative costs the Corporation will approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to five percent of total Corporation funds expended, provided that-- (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award; (ii) Specify that a fixed rate of five percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Utilize such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. PART 2521--ELIGIBLE AMERICORPS PROGRAM APPLICANTS AND TYPES OF GRANTS AVAILABLE FOR AWARD 1. The authority citation for part 2521 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. 2. Section 2521.30(h) is revised to read as follows: Sec. 2521.30 How will AmeriCorps program grants be awarded? * * * * * (h)(1) Not more than five percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in Sec. 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant will be subject to the approval of the Corporation. (3) In applying the limitation on administrative costs the Corporation will approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to five percent of total Corporation funds expended, provided that-- (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award; (ii) Specify that a fixed rate of five percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Utilize such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. PART 2540--GENERAL ADMINISTRATIVE PROVISIONS 1. The authority citation for part 2540 continues to read as follows: Authority: 42 U.S.C. 12501 et seq. Subpart A--Requirements Concerning the Distribution and Use of Corporation Assistance 2. Section 2540.110 is revised to read as follows: Sec. 2540.110 Limitation on use of Corporation funds for administrative costs. (a)(1) Not more than five percent of the grant funds provided under 45 CFR 2516, 2517, 2519, and 2521 for any [[Page 18139]] fiscal year may be used to pay for administrative costs, as defined in Sec. 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant will be subject to the approval of the Corporation. (3) In applying the limitation on administrative costs the Corporation will approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to five percent of total Corporation funds expended, provided that-- (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award; (ii) Specify that a fixed rate of five percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Utilize such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. (b) Costs attributable to administrative functions as well as program functions should be prorated between administrative costs and program costs. [FR Doc. 98-9761 Filed 4-13-98; 8:45 am] BILLING CODE 6050-28-P