Selection of AmeriCorps* VISTA Sponsors and Projects; Guidelines

Federal RegisterFeb 7, 1995

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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.

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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9343, March 13, 1990, are no longer valid.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]

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