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348832925
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Legal Issues: Awards Only Program
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348832925
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Legal Issues: Awards Only Program
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Records of the Office of National Service (Clinton Administration)
AmeriCorps Files
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FOIA Number: 2013-0661-F
(3)
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Americorps
Series/Staff Member:
General Files
Subseries:
OA/ID Number:
24230
FolderID:
Folder Title:
Legal Issues: Awards Only Program
Stack:
Row:
Section:
Shelf:
Position:
S
66
1
4
2
MAR-12-1996 20:07 FROM CORPORATION GEN CNSL
TO
97204614 P.02
MEMORANDUM
TO:
Ken Cohen
CORPORATION
Assistant General Counsel for Research and Operations
FOR NATIONAL
U.S. Department of Agriculture
SERVICE
FROM:
Terry Russell TR
General Counsel
Corporation for National Service
RE:
Our interpretation of the National and Community Service Act of
1990, as amended, with respect to education award only national
service programs operated by federal agencies.
DATE:
March 12, 1996
You have asked the Corporation for National Service to interpret the
provisions of the National and Community Service Act of 1990, as amended
(NCSA), relating to education award only national service programs operated by
federal agencies.
In our discussions several years back, I indicated our view that the NCSA
confers upon federal agencies authority to operate national service programs
pursuant to an agreement with the Corporation for National Service, based on the
following statutory provision:
The Corporation may enter into a contract or cooperative
agreement with another Federal agency to support a national
service program carried out by the agency. The support provided
by the Corporation pursuant to the contract or cooperative
agreement may include the transfer to the Federal agency of funds
available to the Corporation under this division.
42 U.S.C. § 12571(b)(1). Subsequently, for the past two years, the U.S.
Department of Agriculture has, pursuant to an inter-agency agreement, operated a
national service program supported, in part, by program funds transferred by the
Corporation.
1201 New York Avenue, NW
Washington. DC 20525
We are now entering a period during which a possible course under
Telephone 202-606-5000
consideration is an inter-agency agreement between the Corporation and USDA
PHOTOCOPY
Getting Things Done.
AmeriCorps. National Service
PRESERVATION
Learn and Serve America
National Senior Service Corps
MAR-12-1996 20:10 FROM CORPORATION GEN CNSL
TO
7204614
P.03
Page 2
under which education awards only are made available to USDA without the
provision of any program funds. Such an arrangement is clearly contemplated by
the provision of the NCSA cited above, which specifically recognizes that
agreements may or may not include the transfer of funds to federal agencies.
It is our view that the National and Community Service Act reflects
Congressional intent to provide authority to federal agencies to operate national
service programs -- regardless of whether operational funds are transferred from
the Corporation to the federal agencies. The fact that the Corporation has now
determined not to make direct grants to support the operation of national service
programs carried out by federal agencies in no way affects the statutory authority
of such agencies to carry out such programs pursuant to an agreement with the
Corporation.
PHOTOCOPY
PRESERVATION
TOTAL P.03
(File ) CNLS Applications
MEMORANDUM
* ERICORP A SPENIO
March 14, 1995
AmeriCorps National Service CORPORATION
TO:
State Executive Directors
FOR NATIONAL
FROM: Diana Rodriguez Algra
SERVICE
RE:
Education Awards Only for Youth Corps Programs
The purpose of this memo is to further develop the Education Awards Only
grant option for youth corps programs. The application instructions pertaining to
Education Awards Only state the following:
The Corporation can provide national service education awards only to organizations that can support
program and participant costs through other sources; that meet the AmeriCorps program requirements;
and that are judged to be high quality according to the selection criteria. Because the Corporation has
more funds available for education awards than for program costs, applicants who have adequate
resources for program costs are strongly urged to request education awards only. Education Awards
Only applications submitted for competitive funding will not be counted against a state's maximum
number of allowable Competitive program applications.
For existing youth corps programs that have adequate resources to cover all program
costs except for health care and child care because such programs have not
previously provided health care and child care benefits, the Corporation will
consider supporting such costs and will still view such applications as falling within
the general frame of Education Awards Only.
As stated in the federal regulations, one of the program types eligible for
AmeriCorps funding is youth development programs. Such programs are defined
as the following:
A full-time, year-round youth corps program or full-time summer youth corps program, such as a
conservation corps or youth service corps (including youth corps programs under subtitle I, the Public
Lands Corps established under the Public Lands Corps Act of 1993, the Urban Youth Corps established
under section 106 of the National and Community Service Trust Act of 1993, and other conservation
corps or youth service corps that perform service on Federal or other public lands or on Indian lands or
Hawaiian home lands) to be programs that:
1) undertakes meaningful service projects with visible public benefits, including natural resource, urban
renovation, or human service projects;
1100 Vermont Avenue, NW
Washington, DC 20525
Telephone 202-606-5000
Fax 202-606-4906
Getting Things Done.
AmeriCorps, National Service
Learn and Serve America
National Senior Service Corps
2) includes as participants youths and young adults between the ages of 16 and 25, inclusive, including
out-of-school youths and other disadvantaged youths (such as youths with limited basic skills, youths
in foster care who are becoming too old for foster care, youths of limited English proficiency, homeless
youths, and youths who are individuals with disabilities) who are between thuse ages; and
3) provides those participants who are youths and young adults with (i) crew-based, highly structured,
and adult-supervised work experience, life skills, education, career guidance and counseling, employment
training, and support services; and (ii) the opportunity to develop citizenship values and skills
through service to their community and the United States.
Programs that qualify as youth corps programs may apply for an Education
Awards Only grant and may still be eligible to receive support for health care and
child care costs. Such applications will not be counted against a state's maximum
number of allowable Competitive program applications.
If you have further questions, please contact your program officer. Thank
you.