[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Proposed Rules]
[Page 64970-64979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-22]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2510, 2513, 2516, 2517, 2520, 2521, 2522, 2523, 2524,
2540 and 2550
RIN 3045-AA23
AmeriCorps National Service Program
AGENCY: Corporation for National and Community Service.
[[Page 64971]]
ACTION: Proposed rule with request for comments.
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SUMMARY: The Corporation for National and Community Service
(hereinafter, ``the Corporation'') proposes to amend several provisions
relating to the AmeriCorps national service program. The proposed
amendments are technical edits to clarify certain provisions and are
offered in response to feedback the Corporation has received since its
2005 AmeriCorps rulemaking.
DATES: To be sure your comments are considered, they must reach the
Corporation on or before January 18, 2008.
ADDRESSES: You may mail or deliver your comments to Amy Borgstrom,
Corporation for National and Community Service, 1201 New York Ave.,
NW., Washington, DC 20525. You may also send your comments by facsimile
transmission to (202) 606-3476, or send them electronically to
AmeriCorpsRulemaking@cns.gov or through the Federal government's one-
stop rulemaking Web site at http://www.regulations.gov. Members of the
public may review copies of all communications received on this
rulemaking at the Corporation's Washington, DC headquarters.
FOR FURTHER INFORMATION CONTACT: Amy Borgstrom, Docket Manager,
Corporation for National and Community Service, (202) 606-6930, TDD
(202) 606-3472. Persons with visual impairments may request this rule
in an alternate format.
SUPPLEMENTARY INFORMATION:
I. Invitation to Comment
We invite you to submit comments about these proposed regulations.
To ensure that your comments have maximum value in helping us develop
the final regulations, we urge you to identify clearly the specific
section or sections of the proposed regulations that each comment
addresses and to arrange your comments in the same order as the
proposed regulations. During and after the comment period, you may
inspect all public comments about these proposed regulations by
contacting the Docket Manager listed in this notice.
For more information about comments, please visit our Web site at
http://www.americorps.org/rulemaking.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
II. Background
Under the National and Community Service Act of 1990, as amended
(hereinafter ``NCSA'' or ``the Act,'' 42 U.S.C. 12501, et seq.), the
Corporation makes grants to support community service through the
AmeriCorps program. In addition, the Corporation, through the National
Service Trust, provides educational awards to and certain interest
payments on behalf of AmeriCorps participants who successfully complete
a term of service in an approved national service position.
On May 20, 2003, the Corporation's Board of Directors (the Board)
approved a report issued by the Board's Grant-making Task Force in
which the Task Force recommended that the Corporation undertake efforts
to streamline and improve our current grant-making processes. Among
other actions, the Task Force recommended that the Corporation update
the grant-making review and selection criteria, simplify the
application process, evaluate the Corporation's grant requirements and
assess whether requirements should and could be changed, and eliminate
or streamline annual guidance.
On February 27, 2004, President Bush issued Executive Order 13331
aimed at making the national and community service program better able
to engage Americans in volunteering, more responsive to State and local
needs, more accountable and effective, and more accessible to community
organizations, including faith-based organizations. The Executive Order
directed the Corporation to review and modify its policies as necessary
to accomplish these goals.
This rulemaking process is the second of two, originally initiated
in 2004. The first rulemaking focused on sustainability and the
limitation on the Federal share of program costs. The first rulemaking
was completed in July, 2005 and became effective September, 2005. This
rulemaking is intended chiefly to clarify several changes made in the
first rulemaking, streamline and improve our current grant-making
processes, strengthen accountability, and otherwise improve upon the
operations of the AmeriCorps State and National program.
III. Proposed Rule
Definitions (Sec. 2510.20)
The proposed rule amends the definition of the term participant to
acknowledge the frequently used term member as synonymous.
Prohibited Activities: Voter Registration (Sec. 2520.60)
In 1994, the Corporation issued regulations in part 2520 regarding
prohibited activities for AmeriCorps members. In 2002, the Corporation
strengthened the list of prohibited activities by adding items from
sub-regulatory grant provisions. At that time, the Corporation
inadvertently omitted the sub-regulatory prohibition on AmeriCorps
members engaging in voter registration drives in rulemaking. Our
proposed rule adds this longstanding prohibition to regulation.
Participant Evaluations (Sec. 2522.220)
The Corporation's regulations require that grantees conduct an end-
of-term evaluation for each AmeriCorps participant. The purpose of this
evaluation is to answer two questions: (1) Whether the participant is
eligible to earn an education award; and (2) whether the participant is
eligible to serve a second or additional term of service.
Whether a participant is eligible to earn an education award
depends upon whether the participant completes the agreed-upon term of
service. Under Section 146 of the Act, a participant is only eligible
to earn an education award if the participant completed a term of
service or was released for compelling personal circumstances as
described in Section 139.
According to Section 138 of the Act, whether a participant is
eligible to serve a second term of service depends upon whether the
participant served ``satisfactorily'' in the first term of service. The
Act directs the Corporation to issue regulations on the manner and
criteria for determining whether a participant's service was
satisfactory.
Presently, the Corporation's regulations state that, in assessing
whether a participant's performance was satisfactory, the program must
assess, among other things, whether the participant completed the
required number of hours for the term of service and whether the
participant satisfactorily completed assignments, tasks, and projects.
The Corporation did not intend to suggest that completion of
service hours should be a factor in determining whether a participant
served satisfactorily. The Corporation has long
[[Page 64972]]
considered that those participants who are released for compelling
personal circumstances may be eligible to serve a second term of
service in an AmeriCorps program. Likewise, the Corporation has issued
guidance in the annual AmeriCorps Grant Provisions that those
participants who are released for cause, but who performed
satisfactorily for the time they served, may also be eligible to serve
a second term of service. The completion of service hours signifies
whether the participant can earn an education award, not whether the
participant served satisfactorily.
Our proposed rule amends the Corporation's regulations to clarify
that those participants who are released for compelling personal
circumstances, or who are released for cause but who receive a
satisfactory performance review, may be eligible to serve a second term
of service in AmeriCorps. To make this clear, in the proposed rule we
have divided the end-of-term appraisal into two parts: (1) A
determination of whether the participant earned an education award; and
(2) a participant performance review to determined whether the
participant served satisfactorily.
The participant performance review has been amended in the proposed
rule to incorporate those participants who are released early. The
performance review will assess, in addition to any criteria developed
by the program, whether the participant has satisfactorily completed
assignments, tasks, or projects, or, for those participants released
from service early, whether the participant satisfactorily completed
those assignments, tasks, or projects that the participant could
reasonably have completed in the time the participant served.
For those participants who are released for cause, the reason for
the release should be taken into account in determining whether the
participant's term of service was satisfactory. A grantee should not
conclude that a participant's term of service was satisfactory if the
participant is released for cause unless the grantee determines that
the reason for departure, while not within the regulatory criteria for
compelling personal circumstances, is reasonable. For example, a
participant who quits in order to go on vacation, or is released for
bad behavior, should not be considered to have served satisfactorily
regardless of how impressive the participant's service was up to that
point.
Notably, individuals who were released for cause from the first
term of service are required under our regulations to disclose this
fact on any subsequent application for service with an AmeriCorps
program. Consequently, the Corporation anticipates that programs will
consider the facts surrounding the prior release when determining
whether to select the individual for service.
The proposed rule would also change the language of the old rule so
that the evaluation of the participant occurs ``at the end'' of the
term of service, as opposed to ``upon completion'' of the term. By
changing the language from ``completion'' to ``end,'' the Corporation
intends that programs should evaluate all members, even those who do
not technically complete the originally agreed-upon number of service
hours.
Our current regulations require programs to conduct end-of-term and
mid-term evaluations on AmeriCorps participants. Due to the fact that
participants occasionally leave service early, either for cause or for
compelling personal circumstances, the Corporation has determined that
it is not always practicable or possible for a program to perform an
official review of a participant's performance in the middle of the
term. Our proposed rule would remove the requirement that programs
conduct mid-term evaluations for those participants who leave
AmeriCorps service early.
The Corporation also wishes to clarify its intent with regard to
the documentation of mid-term evaluations. We require programs to
engage in mid-term evaluations, but have not provided guidance as to
the structure or content of these reviews. We expect programs to tailor
mid-term evaluations to fit the particular needs of the individual
program. Likewise, while we require that a program document that a mid-
term evaluation occurred, there is no specific required format for this
documentation. Rather, the grantee shall maintain documentation for
each member that it has determined to be helpful to the program in
conducting the end-of-term evaluation, whether that be a rating system,
a narrative, notes from the evaluation interview, or other
documentation.
Living Allowance Disbursement (Sec. 2522.245)
The Corporation is in the process of revising the AmeriCorps grant
provisions and moving requirements with program-wide applicability to
regulation or to the terms and conditions incorporated into individual
grants. In the proposed rule, the requirement about how living
allowances are to be treated and disbursed has been relocated from the
grant provisions to regulation. There is no new requirement for how
living allowances must be disbursed; only the location of the
requirement has changed.
The intent of this regulation is to ensure that living allowances
are distributed in a manner that fulfills their purpose. AmeriCorps
participants are not employees of the programs with which they serve
and the living allowance is not considered an hourly wage. Rather, the
living allowance is intended to be a means to support participants'
basic costs of living to ensure they are able to secure food, clothing,
and shelter while performing national service. For this reason, it is
important that programs not treat the living allowance as a wage, and
not adjust the distribution of the living allowance based on the number
of hours a participant serves during a given period of time. For
example, a participant that serves for 50 hours one week and 25 the
next should receive the same living allowance as if the participant had
served 50 hours (or 25 hours) in both weeks. Generally, the living
allowance must not increase or decrease but should remain steady just
as a participant's living expenses are continuous. However, because the
living allowance is intended to support a participant's cost of living,
if the cost of food, housing, transportation, or other necessities in a
particular area increases, the program may adjust the living allowance
disbursement accordingly within the overall approved grant amount.
Just as the amount of the living allowance should not fluctuate,
the frequency of distribution of the living allowance should be steady
and reliable. Programs must provide living allowances at regular
intervals, such as weekly or bi-weekly, so that a participant can have
regular access to financial support.
The proposed rule would also codify the existing prohibition on the
payment of ``lump sums'' to participants who complete their terms of
service in shorter periods of time than originally anticipated. If a
participant starts service later than other participants, the program
may not pay the participant an additional sum to ``make up'' payments
missed before the participant began. Likewise, if a participant
completes the term of service ahead of schedule, the program may not
pay the participant a lump sum equivalent to what the participant would
have received.
[[Page 64973]]
Waiver of Living Allowance by a Participant (Sec. 2522.240(b)(5))
The Corporation's grant provisions have long provided that an
AmeriCorps participant may waive all or part of the living allowance.
Our proposed rule would add this provision to regulation. A participant
who waives the living allowance may revoke the waiver at any time and
may begin receiving a living allowance again prospective to that date.
The participant may not receive any part of the living allowance
attributable to the time period during which the living allowance was
waived.
Applications for the Same Project (Sec. 2522.320)
Section 130(g) of the Act states that ``the Corporation shall
reject an application submitted under this section if a project
proposed to be conducted using assistance requested by the applicant is
already described in another application pending before the
Corporation.''
The Corporation's existing regulations state that ``the Corporation
will reject an application for a project if an application for funding
or educational awards for the same project is already pending before
the Corporation.'' 45 CFR 2522.320.
Our proposed rule would permit applicants to submit applications
for the same project in separate, but overlapping, competitions, but
only under specific conditions designed to prevent the project from
receiving funding from two different sources. The proposed rule is
intended to maximize the quality of programs in the AmeriCorps*State
and National portfolio by giving applicants greater flexibility and
autonomy in applying for the grant program best suited for their
particular projects, while avoiding the same project receiving funding
from two grants.
To ensure compliance, the proposed rule requires an applicant that
submits multiple applications to the Corporation to identify any other
pending application for the same project. By submitting multiple
applications for the same project under this proposed rule, the
applicant will be on notice that approval of one by the Corporation
will be deemed a withdrawal by the applicant of any additional
application for the same project.
To clarify the definition of ``same project,'' the proposed rule
lists criteria by which we will determine whether proposed activities
and identifying characteristics constitute the same or different
projects. The Corporation may determine that two or more projects are
sufficiently different based upon clear distinctions in one or more of
the criteria considered. However, the criteria in the proposed rule are
not exhaustive, as the Corporation may consider additional factors in
determining a project's specific, identifiable activities.
For the purposes of determining whether two applications cover the
same project, geographic location will be identified as narrowly as
possible in order to specify the population served. For example, the
operation of a homeless shelter in Brooklyn might--depending on the
proposed activities and identifying characteristics--be considered a
different project than the operation of a homeless shelter in the
Bronx.
Performance Measures (Sec. 2522.620)
The Corporation proposes to remove the requirement that grantees
report on end outcomes at the end of year three of each program.
Grantees will continue to be required to submit at least one aligned
set of performance measures in their applications. These aligned
measures must include at least one output, an intermediate outcome, and
an end outcome. Grantees will continue to be required to measure,
analyze and report upon the outputs and the intermediate outcome. Under
the proposal, however, the Corporation's national evaluation strategy
will focus on measuring end outcomes. We are convinced that there is
significant value in grantees articulating an end outcome for at least
one performance measure, as it provides a valuable long-term context
for their work. However, we do not believe it is a prudent investment
of federal funds to support their measurement of these end outcomes,
which often will not become evident until more than three years after
the initial investment. Therefore, we are proposing to relieve grantees
of the requirement to report end outcomes.
Civil Rights (Sec. Sec. 2540.210 and 2540.215)
The Corporation requires all recipients of Corporation grants to
abide by applicable federal non-discrimination laws, including relevant
provisions of the national service legislation and implementing
regulations. It is essential that all participants, staff, and
beneficiaries of programs supported by Corporation grants are aware of
their rights under these laws and of the availability of the
Corporation's impartial discrimination complaint process.
Previously, the Corporation's civil rights notification
requirements were included in the annual grant provisions. The proposed
rule will relocate these requirements to regulation. There is no change
in the requirements, only in the location of the requirements.
The proposed rule requires grantees to notify participants, staff,
and beneficiaries of the civil rights requirements and complaint
procedures by including this information in recruitment materials,
member contracts, handbooks, manuals, pamphlets, and by posting it in
conspicuous locations, as appropriate. Grantees should ensure that this
information is accessible to those participants, staff, and
beneficiaries who have limited English proficiency, or who are hearing
or visually impaired by providing it in alternative formats when
necessary.
Grantees may obtain sample notification language and other guidance
on notification, the Corporation's discrimination complaint procedure,
and other general information on prohibited discrimination by
contacting the Office of Civil Rights and Inclusiveness, Corporation
for National and Community Service, 1201 New York Ave., NW.,
Washington, DC 20525, by e-mail at eo@cns.gov, or by calling (202) 606-
7503, (202) 606-3472 (TTY).
Use of National Service Insignia (Sec. Sec. 2540.500-560)
Currently, grant recipients and other entities engaged in providing
national and community services in cooperation with the Corporation are
approved to use the national service insignia in accordance with the
terms and conditions of their agreements with the Corporation. The
Corporation anticipates continuing to administer approvals to use the
national insignia in this manner.
From time to time, however, the Corporation's insignia, including
the AmeriCorps logo and other logos associated with the Corporation's
programs, have been used without authorization, including by
individuals and entities that have no relationship with the
Corporation. In some cases, the unauthorized use was for commercial
purposes and other purposes that would not have been approved by the
Corporation. To better protect the image and integrity of the
Corporation's programs, ensure compliance with government-wide rules
against improper endorsement of non-Federal entities, and protect the
public from possible deception, a new subpart E is proposed to be added
to part 2540 of Title 45 of the Code of Federal Regulations. The
proposed regulation would provide notice regarding the restrictions on
[[Page 64974]]
using the Corporation's various insignia and of the possible civil and
criminal penalties that may incur for unauthorized use of the insignia.
Depending upon the nature of the violation, under section 425 of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5065) and 18 U.S.C.
506, 701, and 1017, enforcement of the restriction could result in an
injunction on the unauthorized use, a monetary fine, or imprisonment.
Disqualification and Forfeiture Based on False or Misleading Statements
(Sec. Sec. 2540.600-670)
The Corporation proposes to add a new subpart F to part 2540 to
address individuals who are admitted to a program or who receive
program benefits on the basis of false or misleading statements.
Occasionally, a member, volunteer, or participant in a Corporation-
funded program is discovered to have been admitted to the program or
accorded a benefit from the program on the basis of false or misleading
statements. The proposed regulation provides a means for the
Corporation to revoke the eligibility of a person for participation in
or a benefit from a national service program if the person was admitted
to a program or seeks a benefit from a program on the basis of a false
or misleading statement which includes material omissions or false
facts that, if known at the time of application or submission of a
claim, would have resulted in a finding of ineligibility.
In most cases the criteria for qualification to participate in a
program or eligibility for a program benefit are set out in the NCSA
and DVSA, or related appropriations acts. If it is discovered that
facts material to qualification to participate or eligibility for a
benefit were false or misleading, the Corporation has an obligation to
revoke the person's eligibility and refrain from providing a related
benefit to that person. Additionally, the Corporation may be legally
obligated to recover funds from the person if funds were received on
the basis of a false or misleading statement.
The proposed regulation gives individuals suspected of making false
or misleading statements the opportunity to respond under a two-tier
review process before their eligibility is revoked. Where there are
genuine material facts in dispute, a telephonic or face-to-face meeting
may be included at the second level of review.
The intent of the regulation is to provide a mechanism for revoking
the eligibility of individuals who make a false or materially
misleading statement in connection with their application to or
enrollment in a national service program and for forfeiting eligibility
for a related benefit.
The action and procedures set out in the proposed regulation are
intended to supplement, not replace, remedies against offending parties
that are available under other laws. Depending upon the nature and
scope of a false statement or misleading statement, other legal action
may be taken against the offending party under the False Claims Act,
Program Fraud and Civil Remedies Act of 1986, Suspension and Debarment
regulations under 45 CFR part 2542, and other applicable laws and
regulations.
Inspector General Access to Grantee Records (Sec. 2541.420)
Section 2541.420(e)(1) is amended to specifically add the Inspector
General among the authorities having access to pertinent grantee
records. While it has always been understood that the Office of the
Inspector General is a component of the awarding agency, the rule is
being amended to match the access to records language in Sec. 2543.53,
which specifically names the Inspector General among the authorities
having access to grantee records.
State Commission Composition Requirements (Sec. 2550.50)
Section 178(d)(1) of the Act states that ``the Chief Executive
Officer of a State shall ensure, to the maximum extent practicable,
that the membership for the State commission for the State is diverse
with respect to race, ethnicity, age, gender, and disability
characteristics. Not more than 50 percent of the voting members, plus
one additional member, may be from the same political party.'' Section
178(c)(5) of the Act states that ``[t]he number of voting members of a
State commission * * * who are officers or employees of the State may
not exceed 25 percent * * * of the total membership of the State
commission.''
Our proposed amendment to 45 CFR 2550.50 conforms the regulation to
the specific language in the statute, including a clarification that
the political affiliation provision applies only to voting members of
the State commission.
State Plans (Sec. 2550)
Section 178(e) of the Act requires a State Commission to prepare
and annually update a national service plan covering a three-year
period. This Plan, previously referred to as a ``Unified State Plan,''
a ``State Service Plan,'' and, presently, a ``State Plan,'' is a
document that sets forth the State's goals, priorities, and strategies
for promoting national and community service. The Act specifies several
components that must be present in the Plan, including the State's
efforts to convene, collaborate, or otherwise coordinate with diverse
national and community service groups and agencies to accomplish the
State's national and community service goals.
The Act gives latitude to the Corporation to establish additional
requirements for the contents of the State Plan. Over time, we have
found that the State's submission of certain information is mutually
beneficial. For example, to enhance communication and coordination
between the Corporation and the State, it is useful for us to know how
the State is utilizing statewide networks of national and community
service groups to achieve its goals and priorities. In addition, the
availability of such information serves as a resource for identifying
best practices to be shared with other States. By including these
elements with the description of a State Commission's duties we
eliminated the need to publish state plan requirements as a separate
part; therefore, we have stricken part 2513.
Section 2550.80 lists the duties of State entities. Our proposed
rule conforms paragraph (a) of this section to the statutory list of
the responsibilities of State entities with regard to preparation of a
State Plan. In addition, our proposed rule amends this section to
include the requirement, previously located in part 2513, that the
State Plan incorporate the State's ``goals, priorities, and strategies
for promoting national and community service and strengthening its
service infrastructure, including how Corporation-funded programs fit
into the plan.'' This groups together relevant information and
consolidates the regulatory required components of the State Plans. Our
proposed rule imposes no new requirements for the contents of the State
Plan, while reserving the Corporation's right to request submission of
the State Plan in its entirety, in summary, or in part.
The Corporation uses State Plans principally in understanding the
State's national and community service goals, priorities, and
strategies, not in making future funding or monitoring determinations,
risk-based assessments, or State Standards process evaluations.
Summary of Redesignations
The proposed rule will change the location of a number of
regulations. The following table is a guide to the current location of
a provision and its new location under the proposed rule.
[[Page 64975]]
------------------------------------------------------------------------
Current location Proposed location
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2520.65(a)(9)............................. 2520.65(a)(10).
2522.240(b)(5)............................ 2522.240(b)(6).
2550.80(a)(3)............................. 2550(a)(4).
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IV. Effective Dates
The Corporation intends to make any final rule based on this
proposal effective no sooner than 30 days after the final rule is
published in the Federal Register. We will include an implementation
schedule in the final rule, based on the final rule's date of
publication.
V. Significant Non-Regulatory Issues
The Corporation would like to use this opportunity to notify
grantees and other interested parties of certain non-regulatory
changes.
Timeframe for Requesting AmeriCorps*State Formula Allocations
Section 129(a) of the Act (42 U.S.C. 12581(a)) requires the
Corporation to allocate one-third of its AmeriCorps grants
appropriation to the States using a population-based formula. If a
State does not request its full formula allocation, the Act directs the
Corporation to make a reallotment of unrequested funds to other States
and Indian tribes.
To date, we have permitted a State to request less than its full
formula allocation in the first year, and access the balance of its
allocation in the second year. Many States took advantage of this
flexibility and requested their remaining allocation during the second
year of availability. About two-thirds of the States do not request all
of the formula funds made available to them in the first fiscal year.
The specific States that do not request all of their funds vary from
year to year, depending on the number of applications each state
receives, the Corporation's maximum cost per member and whether there
is a cap placed on member enrollment in the National Service Trust.
Beginning in FY 2008, the deadline for submission of the state's
formula will be much earlier. Any unrequested funds remaining after the
deadline will be reallocated to small states whose initial allocations
are less than $500,000 and for other authorized purposes, as
appropriate.
Regulatory Flexibility Act
The Corporation has determined that the 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
Under the Paperwork Reduction Act, information collection
requirements which must be imposed as a result of this regulation have
been reviewed by the Office of Management and Budget under OMB nos.
3045-0047, 3045-0117, and 3045-0099.
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 2513
Grant programs--social programs, Reporting and recordkeeping
requirements, Volunteers.
45 CFR Part 2516
Grants administration, Grant programs--social programs.
45 CFR Part 2517
Grants administration, Grant programs--social programs.
45 CFR Part 2520
Grant programs--social programs, Volunteers.
45 CFR Part 2521
Grants administration, Grant programs--social programs.
45 CFR Part 2522
Grants administration, Grant programs--social programs, Volunteers.
45 CFR Part 2523
Grant programs--social programs.
45 CFR Part 2524
Grant programs--social programs, Technical assistance.
45 CFR Part 2540
Civil rights, Fraud, Grants administration, Grant programs--social
programs, Trademarks--signs and symbols, Trust, Volunteers.
45 CFR Part 2541
Grant programs--social programs, Reporting and recordkeeping
requirements, Investigations.
45 CFR Part 2550
Grants administration, Grant programs--social programs.
For the reasons stated in the preamble, under the authority 42
U.S.C. 12651d, the Corporation for National and Community Service
proposes to amend chapter XXV, title 45 of the Code of Federal
Regulations 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.
2. Amend Sec. 2510.20 by adding a new paragraph (3) to the
definition of ``participant'' to read as follows:
Sec. 2510.20 Definitions.
* * * * *
Participant. * * *
(3) A participant may also be referred to by the term member.
* * * * *
PART 2513--[REMOVED AND RESERVED]
3. Remove and reserve part 2513.
PART 2516--SCHOOL-BASED SERVICE-LEARNING PROGRAMS
4. The authority citation for part 2516 is revised to read as
follows:
Authority: 42 U.S.C. 12521-12551.
Sec. 2516.400 [Amended]
5. Amend Sec. 2516.400 by removing the reference ``part 2513'' and
replacing it with ``Sec. 2550.80(a).''
Sec. 2516.410 [Amended]
6. Amend Sec. 2516.410 (a)(1) by removing the reference ``part
2513'' and replacing it with ``Sec. 2550.80(a).''
Sec. 2516.500 [Amended]
7. Amend Sec. 2516.500 (a)(3)(i) by removing the reference ``part
2513'' and replacing it with ``Sec. 2550.80(a).''
[[Page 64976]]
PART 2517--COMMUNITY-BASED SERVICE-LEARNING PROGRAMS
8. The authority citation for part 2517 is revised to read as
follows:
Authority: 42 U.S.C. 12541-12547.
Sec. 2517.400 [Amended]
9. Amend Sec. 2517.400 (a)(3) by removing the reference ``part
2513'' and replacing it with ``Sec. 2550.80(a).''
Sec. 2517.500 [Amended]
10. Amend Sec. 2517.500 (c)(3) by removing the reference to ``part
2513'' and replacing it with ``Sec. 2550.80(a).''
PART 2520--GENERAL PROVISIONS: AMERICORPS SUBTITLE C PROGRAMS
11. The authority citation for part 2520 continues to read as
follows:
Authority: 42 U.S.C. 12571-12595.
12. Amend Sec. 2520.65 by redesignating paragraph (a)(9) as
(a)(10) and adding a new paragraph (a)(9) to read as follows:
Sec. 2520.60 What activities are prohibited in AmeriCorps subtitle C
programs?
(a) * * *
(9) Conducting a voter registration drive or using Corporation
funds to conduct a voter registration drive;
* * * * *
PART 2521--ELIGIBLE AMERICORPS SUBTITLE C PROGRAM APPLICANTS AND
TYPES OF GRANTS AVAILABLE FOR AWARD
13. The authority citation for part 2521 continues to read as
follows:
Authority: 42 U.S.C. 12571-12595.
14. In Sec. 2521.30, revise paragraph (a)(4) to read as follows:
Sec. 2521.30 How will AmeriCorps subtitle C program grants be
awarded?
* * * * *
(a) * * *
(4) In making subgrants with funds awarded by formula or
competition under paragraphs (a)(2) or (3) of this section, a State
must ensure that a minimum of 50 percent of funds going to States will
be used for programs that operate in the areas of need or on Federal or
other public lands, and that place a priority on recruiting
participants who are residents in high need areas, or on Federal or
other public lands. The Corporation may waive this requirement for an
individual State if at least 50 percent of the total amount of
assistance to all States will be used for such programs.
* * * * *
PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
15. The authority citation for part 2522 continues to read as
follows:
Authority: 42 U.S.C. 12571-12595.
16. Amend Sec. 2522.220 by:
a. Revising the introductory text of paragraph
(a); and
b. Revising paragraph (d).
The revisions will read as follows:
Sec. 2522.220 What are the required terms of service for AmeriCorps
participants, and may they serve more than one term?
(a) Term of Service. A term of service may be defined as:
* * * * *
(d) Participant performance review. For the purposes of determining
a participant's eligibility for an educational award as described in
Sec. 2522.240(a) and eligibility to serve a second or additional term
of service as described in paragraph (c) of this section, each
AmeriCorps grantee is responsible for conducting a mid-term and end-of-
term performance evaluation. A mid-term performance evaluation is not
required for a participant who is released early from completing a term
of service. The end-of-term performance evaluation should consist of:
(1) A determination of whether the participant:
(i) Completed the required number of hours described in paragraph
(a) of this section, making the participant eligible for an educational
award as described in Sec. 2522.240(a);
(ii) Was released from service for compelling personal
circumstances, making the participant eligible for a pro-rated
educational award as described in Sec. 2522.230(a)(2); or
(iii) Was released from service for cause, making the participant
ineligible to receive an educational award for that term of service as
described in Sec. 2522.230(b)(3); and
(2) A participant performance review which will assess whether the
participant:
(i) Has satisfactorily completed assignments, tasks, or projects,
or, for those participants released from service early, whether the
participant satisfactorily completed those assignments, tasks, or
projects that the participant could reasonably have completed in the
time the participant served; and
(ii) Has met any other performance criteria which had been clearly
communicated both orally and in writing at the beginning of the term of
service.
* * * * *
17. Amend Sec. 2522.230 by adding a new paragraph (b)(6) to read
as follows:
Sec. 2522.230 Under what circumstances may AmeriCorps participants be
released from completing a term of service, and what are the
consequences?
* * * * *
(b) * * *
(6) An individual's eligibility for a second term of service in
AmeriCorps will not be affected by release for cause from a prior term
of service so long as the individual received a satisfactory end-of-
term performance review as described in Sec. 2522.240(d)(2) for the
period served in the first term.
* * * * *
18. Amend Sec. 2522.240 by:
a. Revising the heading of paragraph (b)(4);
b. Redesignating paragraph (b)(5) as (b)(6); and
c. Adding a new paragraph (b)(5). The revisions and additions will
read as follows:
Sec. 2522.240 What financial benefits do AmeriCorps participants
serving in approved AmeriCorps positions receive?
* * * * *
(b) * * *
(4) Waiver or reduction of living allowance for programs. * * *
(5) Waiver or reduction of living allowance by participants. A
participant may waive all or part of the receipt of a living allowance.
The participant may revoke this waiver at any time during the
participant's term of service. If the participant revokes the living
allowance waiver, the participant may begin receiving his or her living
allowance prospective to the date of the revocation; a participant may
not receive any portion of the living allowance that may have accrued
during the waiver period.
* * * * *
19. Add a new Sec. 2522.245 to read as follows:
Sec. 2522.245 How are living allowances disbursed?
A living allowance is not a wage and programs may not pay living
allowances on an hourly basis. Programs must distribute the living
allowance at regular intervals and in regular increments, and may
increase living allowance payments only on the basis of increased
living expenses such as food, housing, or transportation. Living
allowance payments may only be made to a participant during the
participant's term of service and must cease when the
[[Page 64977]]
participant concludes the term of service. Programs may not provide a
lump sum payment to a participant who completes the originally agreed-
upon term of service in a shorter period of time.
20. Revise Sec. 2522.320 to read as follows:
Sec. 2522.320 Under what conditions may I submit more than one
application for the same project?
You may submit more than one application for the same project only
if:
(a) You submit the applications in separate competitions (i.e.,
National Direct, State, Education Award Program); and
(b) You disclose in each application that there is another
application for the same project pending before the Corporation.
21. Add new Sec. Sec. 2522.330 and 2522.340 to subpart C to read
as follows:
Sec. 2522.330 What happens to additional applications for the same
project if the Corporation approves one application?
If the Corporation approves one application for a project, you will
be deemed to have withdrawn any other application (or part thereof) for
the same project.
Sec. 2522.340 How will I know if two projects are the same?
In determining whether two projects are the same, the Corporation
will consider, among other characteristics:
(a) The objectives and priorities of the project;
(b) The nature of the service provided;
(c) The program staff, participants, and volunteers involved;
(d) The geographic location in which the service is provided;
(e) The population served; and
(f) The proposed community partnerships.
22. Amend Sec. 2522.620 by revising paragraph (c) to read as
follows:
Sec. 2522.620 How do I report my performance measures to the
Corporation?
* * * * *
(c) At a minimum you are required to report on outputs at the end
of year one and outputs and intermediate outcomes at the end of years
two and three. We encourage you to exceed these minimum requirements.
PART 2523--AGREEMENTS WITH OTHER FEDERAL AGENCIES FOR THE PROVISION
OF AMERICORPS PROGRAM ASSISTANCE
23. The authority citation for part 2523 is revised to read as
follows:
Authority: 42 U.S.C. 12571-12595.
24. Amend Sec. 2523.90 by removing the reference ``Sec.
2522.240(b)(5)'' and replacing it with ``Sec. 2522.240(b)(6).''
PART 2524--AMERICORPS TECHNICAL ASSISTANCE AND OTHER SPECIAL GRANTS
25. The authority citation for part 2524 is revised to read as
follows:
Authority: 42 U.S.C. 12571-12595.
Sec. 2524.30 [Amended]
26. Amend Sec. 2524.30 (b)(4) by removing the reference
``2522.240(b)(5)'' and replacing it with ``2522.240(b)(6).''
PART 2540--GENERAL ADMINISTRATIVE PROVISIONS
27. The authority citation for part 2540 is revised to read as
follows:
Authority: E.O. 13331, 69 FR 9911; 18 U.S.C. 506, 701, 1017; 42
U.S.C. 12653; 42 U.S.C. 5065.
28. Amend Sec. 2540.210 by adding a new paragraph (d) to read as
follows:
Sec. 2540.210 What provisions exist to ensure that Corporation-
supported programs do not discriminate in the selection of participants
and staff?
* * * * *
(d) Grantees must notify all program participants, staff,
applicants, and beneficiaries of:
(1) Their rights under applicable federal nondiscrimination laws,
including relevant provisions of the national service legislation and
implementing regulations; and
(2) The procedure for filing a discrimination complaint with the
Corporation's Office of Civil Rights and Inclusiveness.
29. Add a new Sec. 2540.215 to read as follows:
Sec. 2540.215 What should a program participant, staff members, or
beneficiary do if the individual believes he or she has been subject to
illegal discrimination?
A program participant, staff member, or beneficiary who believes
that he or she has been subject to illegal discrimination should
contact the Corporation's Office of Civil Rights and Inclusiveness,
which offers an impartial discrimination complaint resolution process.
Participation in a discrimination complaint resolution process is
protected activity; a grantee is prohibited from retaliating against an
individual for making a complaint or participating in any manner in an
investigation, proceeding, or hearing.
30. Add a new Subpart E (consisting of Sec. Sec. 2540.500 through
2540.560) to read as follows:
Subpart E--Restrictions on Use of National Service Insignia
Sec.
2540.500 What definition applies to this subpart?
2540.510 What are the restrictions on using national service
insignia?
2540.520 What are the consequences for unauthorized use of the
Corporation's national service insignia?
2540.530 Are there instances where an insignia may be used without
getting the approval of the Corporation?
2540.540 Who has authority to approve use of national service
insignia?
2540.550 Is there an expiration date on approvals for use of
national service insignia?
2540.560 How do I renew authority to use a national service
insignia?
Subpart E--Restrictions on Use of National Service Insignia
Sec. 2540.500 What definition applies to this subpart?
National Service Insignia. For this subpart, national service
insignia means the former and current seal, logos, names, or symbols of
the Corporation's programs, products, or services, including those for
AmeriCorps, VISTA, Learn and Serve America, Senior Corps, Foster
Grandparents, the Senior Companion Program, the Retired and Senior
Volunteer Program, the National Civilian Community Corps, and any other
program or project that the Corporation administers.
Sec. 2540.510 What are the restrictions on using national service
insignia?
The national service insignia are owned by the Corporation and only
may be used as authorized. The national service insignia may not be
used by non-federal entities for fundraising purposes or in a manner
that suggests Corporation endorsement.
Sec. 2540.520 What are the consequences for unauthorized use of the
Corporation's national service insignia?
Any person who uses the national service insignia without
authorization may be subject to legal action for trademark
infringement, enjoined from continued use, and, for certain types of
unauthorized uses, other civil or criminal penalties may apply.
Sec. 2540.530 Are there instances where an insignia may be used
without getting the approval of the Corporation?
All uses of the national service insignia require the written
approval of the Corporation.
Sec. 2540.540 Who has authority to approve use of national service
insignia?
Approval for limited uses may be provided through the terms of a
written
[[Page 64978]]
grant or other agreement. All other uses must be approved in writing by
the director of the Corporation's Office of Public Affairs, or his or
her designee.
Sec. 2540.550 Is there an expiration date on approvals for use of
national service insignia?
The approval to use a national service insignia will expire as
determined in writing by the director of the Office of Public Affairs,
or his or her designee. However, the authority to use an insignia may
be revoked at any time if the Corporation determines that the use
involved is injurious to the image of the Corporation or if there is a
failure to comply with the terms and conditions of the authorization.
Sec. 2540.560 How do I renew authority to use a national service
insignia?
Requests for renewed authority to use an insignia must follow the
procedures for initial approval as set out in Sec. 2540.540.
31. Add a new Subpart F (consisting of Sec. Sec. 2540.600 through
2540.670) to read as follows:
Subpart F--False or Misleading Statements
Sec.
2540.600 What definitions apply to this subpart?
2540.610 What are the consequences of making a false or misleading
statement?
2540.620 What are my rights if the Corporation determines that I
have made a false or misleading statement?
2540.630 What information must I provide to contest a proposed
action?
2540.640 When will the reviewing official make a decision on the
proposed action?
2540.650 How may I contest a reviewing official's decision to uphold
the proposed action?
2540.660 If the final decision determines that I received a
financial benefit improperly, will I be required to repay that
benefit?
2540.670 Will my qualification to participate or eligibility for
benefits be suspended during the review process?
Subpart F--False or Misleading Statements
Sec. 2540.600 What definitions apply to this subpart?
You. For this subpart, you refers to a participant in a national
service program.
Sec. 2540.610 What are the consequences of making a false or
misleading statement?
If it is determined that you made a false or misleading statement
in connection with your eligibility for a benefit from, or
qualification to participate in, a Corporation-funded program, it may
result in the revocation of the qualification or forfeiture of the
benefit. Revocation and forfeiture under this part is in addition to
any other remedy available to the Federal Government under the law
against persons who make false or misleading statements in connection
with a federally-funded program.
Sec. 2540.620 What are my rights if the Corporation determines that I
have made a false or misleading statement?
If the Corporation determines that you have made a false or
misleading statement in connection with your eligibility for a benefit
from, or qualification to participate in, a Corporation-funded program,
you will be hand delivered a written notice, or sent a written notice
to your last known street address or e-mail address or that of your
identified counsel at least 15 days before any proposed action is
taken. The notice will include the facts surrounding the determination
and the action the Corporation proposes to take. The notice will also
identify the reviewing official in your case and provide other
pertinent information. You will be allowed to show good cause as to why
forfeiture, revocation, the denial of a benefit, or other action should
not be implemented. You will be given 10 calendar days to submit
written materials in opposition to the proposed action.
Sec. 2540.630 What information must I provide to contest a proposed
action?
Your written response must include specific facts that contradict
the statements made in the notice of proposed action. A general
statement of denial is insufficient to raise a dispute over the facts
material to the proposed action. Your response should also include
copies of any documents that support your argument.
Sec. 2540.640 When will the reviewing official make a decision on the
proposed action?
The reviewing official will issue a decision within 45 days of
receipt of your response.
Sec. 2540.650 How may I contest a reviewing official's decision to
uphold the proposed action?
If the Corporation's reviewing official concludes that the proposed
action, in full or in part, should still be implemented, you will have
an opportunity to request an additional proceeding. A Corporation
program director or designee will conduct a review of the complete
record, including such additional relevant documents you submit. If
deemed appropriate, such as where there are material facts in genuine
dispute, the program director or designee may conduct a telephonic or
in person meeting. If a meeting is conducted, it will be recorded and
you will be provided a copy of the recording. The program director or
designee will issue a decision within 30 days of the conclusion of the
review of the record or meeting. The decision of the program director
or designee is final and cannot be appealed further within the agency.
Sec. 2540.660 If the final decision determines that I received a
financial benefit improperly, will I be required to repay that benefit?
If it is determined that you received a financial benefit
improperly, you may be required to reimburse the program for that
benefit.
Sec. 2540.670 Will my qualification to participate or eligibility for
benefits be suspended during the review process?
If the reviewing official determines that, based on the information
available, there is a reasonable likelihood that you will be determined
disqualified or ineligible, your qualification or eligibility may be
suspended, pending issuance of a final decision, to protect the public
interest.
PART 2541--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
32. The authority citation for part 2541 continues to read as
follows:
Authority: 42 U.S.C. 4950, et seq. and 12501, et seq.
33. Revise Sec. 2541.420(e)(1) to read as follows:
Sec. 2541.420 Retention and access requirements for records.
* * * * *
(e) Access to records--(1) Records of grantees and subgrantees. The
awarding agency, the Inspector General, and the Comptroller General of
the United States, or any of their authorized representatives, shall
have the right of access to any pertinent books, documents, papers, or
other records of grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts, and
transcripts.
* * * * *
PART 2550--REQUIREMENTS AND GENERAL PROVISIONS FOR STATE
COMMISSIONS AND ALTERNATIVE ADMINISTRATIVE ENTITIES
34. The authority citation for part 2550 continues to read as
follows:
Authority: 42 U.S.C. 12638.
[[Page 64979]]
35. Amend Sec. 2550.50 by revising paragraph (e) to read as
follows:
Sec. 2550.50 What are the composition requirements and other
requirements, restrictions or guidelines for State Commissions?
* * * * *
(e) Other composition requirements. To the extent practicable, the
chief executive officer of a State shall ensure that the membership for
the State commission is diverse with respect to race, ethnicity, age,
gender, and disability characteristics. Not more than 50 percent plus
one of the voting members of a State commission may be from the same
political party. In addition, the number of voting members of a State
commission who are officers or employees of the State may not exceed
25% of the total membership of that State commission.
* * * * *
36. Amend Sec. 2550.80 by revising paragraph (a) to read as
follows:
Sec. 2550.80 What are the duties of the State entities?
* * * * *
(a) Development of a three-year, comprehensive national and
community service plan and establishment of State priorities. The State
entity must develop and annually update a Statewide plan for national
service covering a three year period that is consistent with the
Corporation's broad goals of meeting human, educational, environmental,
and public safety needs and meets the following minimum requirements:
(1) The plan must be developed through an open and public process
(such as through regional forums or hearings) that provides for the
maximum participation and input from a broad cross-section of
individuals and organizations, including national service programs
within the State, community-based agencies, organizations with a
demonstrated record of providing educational, public safety, human, or
environmental services, residents of the State, including youth and
other prospective participants, State Educational Agencies, traditional
service organizations, labor unions, and other interested members of
the public.
(2) The plan must ensure outreach to diverse, broad-based community
organizations that serve underrepresented populations by creating State
networks and registries or by utilizing existing ones.
(3) The plan must set forth the State's goals, priorities, and
strategies for promoting national and community service and
strengthening its service infrastructure, including how Corporation-
funded programs fit into the plan.
(4) The plan may contain such other information as the State
commission considers appropriate and must contain such other
information as the Corporation may require.
(5) The plan must be submitted, in its entirety, in summary, or in
part, to the Corporation upon request.
* * * * *
37. Add a new Sec. 2550.85 to read as follows:
Sec. 2550.85 How will the State Plan be assessed?
The Corporation will assess the quality of your State Plan as
evidenced by:
(a) The development and quality of realistic goals and objectives
for moving service ahead in the State;
(b) The extent to which proposed strategies can reasonably be
expected to accomplish stated goals; and
(c) The extent of input in the development of the State plan from a
broad cross-section of individuals and organizations as required by
Sec. 2550.80(a)(1).
Dated: November 8, 2007.
Frank R. Trinity,
General Counsel.
[FR Doc. E7-22298 Filed 11-16-07; 8:45 am]