Serve America Act Amendments to the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973, 46495-46509 [E9-21671]

Download as PDF Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46495 Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This final rule will be effective on September 10, 2009. The EPA’s compliance with these statutes and Executive Orders for the underlying rule is discussed in the June 25, 2009 Federal Register notice containing the Area Source Aluminum, Copper, and Other Nonferrous Foundries final rule (74 FR 30366). CORPORATION FOR NATIONAL AND COMMUNITY SERVICE SUPPLEMENTARY INFORMATION: 45 CFR Parts 2510, 2516, 2519, 2520, 2522, 2540, 2550, 2551, 2552, and 2553 List of Subjects for 40 CFR Part 63 AGENCY: Corporation for National and Community Service. ACTION: Interim final rule with request for comments. I. Notice and Comment II. Background III. Specifics of the Interim Final Rule A. Learn and Serve America School-Based Service-Learning Programs Higher Education Innovative Programs for Community Service B. AmeriCorps State and National Prohibited Member Activities Criminal History Check Requirements Length of and Extension to a Term of Service Release From a Term of Service for Compelling Personal Circumstances Tutoring Requirements State Commission Composition Requirements State Plan Requirements State Commission Administrative Grants C. Senior Corps D. General Provisions Parental Involvement IV. Effective Dates V. Rulemaking Analyses and Notices Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: September 1, 2009. Gina McCarthy, Assistant Administrator for Air and Radiation. For the reasons set out in the preamble, title 40, chapter I, part 63, subpart ZZZZZZ of the Code of Federal Regulations is amended as follows: ■ PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart ZZZZZZ—[Amended] 2. Section 63.11544 is amended by: a. Revising paragraph (a)(1); ■ b. Revising paragraph (a)(2); and ■ c. Revising paragraph (a)(3) to read as follows: ■ ■ § 63.11544 Am I subject to this subpart? erowe on DSK5CLS3C1PROD with RULES (a) * * * (1) Your aluminum foundry uses material containing aluminum foundry HAP, as defined in § 63.11556, ‘‘What definitions apply to this subpart?’’; or (2) Your copper foundry uses material containing copper foundry HAP, as defined in § 63.11556, ‘‘What definitions apply to this subpart?’’; or (3) Your other nonferrous foundry uses material containing other nonferrous foundry HAP, as defined in § 63.11556, ‘‘What definitions apply to this subpart?’’. * * * * * § 63.11553 [Amended] 3. Section 63.11553 is amended by redesignating the second paragraph (b)(4) as paragraph (b)(5). ■ [FR Doc. E9–21712 Filed 9–9–09; 8:45 am] BILLING CODE 6560–50–P VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 RIN 3045–AA50 Serve America Act Amendments to the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 SUMMARY: On April 21, 2009, President Obama signed into law the Edward M. Kennedy Serve America Act (Serve America Act). The Serve America Act reauthorizes and expands national service programs administered by the Corporation for National and Community Service (‘‘the Corporation’’) by amending the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA). The Corporation publishes this interim final rule to implement time-sensitive changes that are required by the Serve America Act to take effect on October 1, 2009. In addition to aligning statutory amendments with the NCSA and DVSA, the interim final rule reorders and renumbers certain parts of the existing regulations and expands the construction and use of defined terms. DATES: This interim final rule is effective October 1, 2009. Comments must be received by November 9, 2009. ADDRESSES: You may mail or deliver your comments to Amy Borgstrom, Docket Manager, 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, send them electronically to Rulemaking@cns.gov, submit comments through the Federal government’s one-stop rulemaking Web site at http://www.regulations.gov, or submit comments on the Corporation’s Web site at http:// www.nationalservice.gov/serveact. 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 document in an alternate format. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 List of Topics I. Notice and Comment This interim final rule makes amendments to Chapter 25 of Title 45 of the Code of Federal Regulations to align the regulations with the National and Community Service Act of 1990 and the Domestic Volunteer Service Act, as amended by the Edward M. Kennedy Serve America Act, Public Law 111–13. This rule implements only those provisions in the Serve America Act that are time-sensitive and that will have actual programmatic impact beginning October 1, 2009; subsequent rulemakings to implement other provisions in the Serve America Act will follow. This interim final rule will become effective without prior notice and comment. Notice and comment procedures are not required under the Administrative Procedure Act (APA) when the agency for good cause finds that notice and comment is impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)(B)). The Corporation has determined that prior notice and comment would be impracticable under the circumstances. The APA’s legislative history defines the term ‘‘impracticable’’ as a situation in which the due and required execution of the agency functions would be unavoidably prevented by its undertaking public rulemaking proceedings (See S. Rep. No. 752, 79th Cong., 1st Sess. at 16 (1945)). The Corporation finds that public notice and comment before the issuance of this interim final rule would have been impracticable. The Serve America Act was enacted on April 21, 2009, with an effective date for most purposes of E:\FR\FM\10SER1.SGM 10SER1 46496 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES October 1, 2009. Immediately upon enactment the Corporation began the process of evaluating the impact that the Serve America Act would have on existing regulations and programs. This required the Corporation to determine which amendments to the NCSA and DVSA required regulatory changes by the effective date in order for programs to comply with the law and which changes could be implemented at a later time. The regulatory changes in this interim final rule are those that are necessary for compliance with the law on the effective date. The process of analyzing the need for immediate changes to the regulations and preparing and publishing the interim final rule for timely implementation did not provide sufficient time for prior notice and comment. The Corporation invites all interested persons to submit written views, or other information on this interim final rule. Even though this interim final rule takes effect before the comment period closes, comments submitted in response to this notice will be given full consideration and will be addressed when the Corporation publishes final regulations for these interim regulations. To ensure that your comments have maximum value in helping us develop final regulations, we urge you to identify clearly the specific section or sections of the interim final regulations that each comment addresses and to arrange your comments in the same order as the interim final regulations. During and after the comment period, you may inspect all public comments about these interim final regulations by contacting the Docket Manager listed in this notice. For more information about commenting please visit our Web site at http://www.nationalservice.gov/ ServeAct. 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 On April 21, 2009, President Obama signed into law the Edward M. Kennedy Serve America Act (Serve America Act). The Serve America Act reauthorizes and VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 expands national service programs administered by the Corporation by amending the NCSA and DVSA. The Corporation engages four million Americans in service each year, including approximately 75,000 AmeriCorps members, 492,000 Senior Corps Volunteers, 1.1 million Learn and Serve America students, and 2.2 million additional community volunteers mobilized and managed through agency programs. This interim final rule is being published to implement timesensitive changes to the Corporation’s AmeriCorps State/National, Senior Corps, and Learn and Serve America program regulations. The changes are required as a result of amendments to the NCSA and DVSA by the Serve America Act, which takes effect for most purposes on October 1, 2009. Section 6101 of the Serve America Act authorizes the Chief Executive Officer of the Corporation to issue such regulations as may be necessary to carry out the amendments required under the act. This action is intended to fulfill that responsibility. Amendments mandated by the Serve America Act that do not require immediate regulatory action will be implemented through other means including future proposed rulemaking with notice and the opportunity for comment. Among other things, the interim final rule renumbers certain parts of the existing regulations, removes regulations for programs that will no longer be authorized, and expands the construction and use of defined terms as required by the Serve America Act amendments. An overview of specific changes for each program is set out below. III. Specifics of the Interim Final Rule (A) Learn and Serve America School-Based Service-Learning Programs Section 1201 of the Serve America Act makes amendments to the Corporation’s service-learning programs under Subtitle B (Learn and Serve America) of Title I of the NCSA, as reflected below. References to section numbers of Subtitle B in the following discussion are to the revised section numbers reflected in the Serve America Act. References to the regulations are to the appropriate sections of 45 CFR Part 2516. Definitions (§ 2510.20) Section 1102 of the Serve America Act amends the NCSA at § 101 to add a definition for community-based entity, which is now an eligible entity for certain types of direct and subgrant school-based funding. The interim final PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 rule adds this definition to 45 CFR 2510.20. Purpose for School-Based ServiceLearning Programs (§ 2516.100) The Serve America Act amends the NCSA at section 111 by including, for the first time, a purpose provision for school-based service-learning programs. This purpose provision is incorporated into the regulations verbatim. This change reassigns § 2516.100 to the new purpose provision and reassigns prior §§ 2616.100 through 110 as §§ 2616.110–120. Eligible Applicants for Direct Grants (§ 2516.110) The Serve America Act amends the NCSA at section 112 by revising the types of entities that are eligible applicants for a direct school-based grant from the Corporation. Accordingly, paragraph (a)(1) is amended to reflect that for funding eligibility purposes an SEA means a State Educational Agency (SEA) or SEAdesignated statewide entity (which may be a community-based entity). Paragraph (a)(3) is amended to remove grantmaking entity as an eligible direct recipient; and to reflect that a community-based entity is now eligible for funding to conduct activities in a nonparticipating State or Indian Tribe. Note, however, that a grantmaking entity meeting the definition of a community-based entity may qualify as an SEA-designated statewide entity. Previous paragraph (a)(4) regarding the eligibility that a local educational agencies (LEA) or LEA partnerships may apply for direct funding has been removed. Eligible Applicants for Subgrants (§ 2516.120) Under the Serve America Act amendments (NCSA § 112(a), 113(b)), the list of entities for eligible to receive distributions of school-based funds from a direct grantee was changed in several ways. Most notably, in addition to LEAs and qualified organizations, for-profit businesses, private elementary and secondary schools, and institutions of higher education are eligible for support from a State or Indian Tribe for planning and capacity building. Additionally, a community-based entity will be eligible to make subgrants when it is a direct grantee of the Corporation. Since grantmaking entities no longer are eligible for direct funding, the reference to them as a distributor of subgrants in § 2516.120 (formerly § 2516.110) is amended to reflect this change. Another change made by the Serve America Act amendment of the NCSA at E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES section 112(a)(2)(B)(ii) is the provision that when an Indian Tribe, as a direct recipient, distributes school-based funds to support a local partnership’s costs for implementing, operating or expanding school-based service learning projects, that Tribe is not eligible to be part of the partnership operating that project. Similarly, under section 112(a)(4) when an Indian Tribe is a direct recipient, it is not eligible to receive funds it distributes to support the implementation, operation or expansion of an adult volunteer service-learning program. Finally, the Serve America Act permits States and Indian Tribes to support eligible entities in carrying out civic engagement activities, so this is now reflected in § 2516.120. Use of Grant Funds (§ 2516.200) Section 112(a) of NCSA as amended by the Serve America Act authorizes school-based funds to be used to support five types of service-learning programs: (1) Planning and capacitybuilding for States and Indian Tribes; (2) implementing, operating, and expanding school-based service-learning programs; (3) planning of school-based service-leaning programs through distributions to LEAs and Indian Tribes; (4) implementing, operating, or expanding adult volunteer programs; and (5) developing civic engagement service-learning programs. The amendments expand the authorized use of school-based fund in several ways. In addition to the authorized activities set out in the previous version of this rule, the interim final rule under § 2516.200(a)(2)(vi) permits recipients to use funds for planning and capacity building activities associated with establishing effective outreach and dissemination to ensure the broadest possible participation of schools throughout a State, with special emphasis on schools that are not making adequate progress under section 111 of the Elementary and Secondary Education Act of 1965. Under the same subsection at (a)(2)(ii), the development of service-learning curricula must be consistent with State or local academic content standards. LEA planning grant authority under § 2516.200(c)(3)(ii) is expanded to now permit recipients to pay the cost of recruiting, training, supervising, and placing servicelearning coordinators who may be, but are not required to be, AmeriCorps VISTA members or participants in a Youthbuild program. The prior rule only allowed such support for AmeriCorps State/National members serving as service-learning coordinators. Consistent with the Serve America Act, VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 grantees may use funds to support civic engagement programs as described in § 2516.200(f). Waiver for Private School Participants (§ 2516.310) Section 115(a) of the NCSA as amended by the Serve America Act requires school-based State, territory, and Indian Tribe grantees to provide for the inclusion of services and arrangements for the equitable participation of private school students and private school teachers in supported programs. Under § 115(b), the Corporation’s Chief Executive Officer may waive the requirement to include private school participants if a grantee is prohibited by law from providing for their participation. Essentially the same waiver provision existed under the NCSA at § 115A(b) prior to passage of the Serve America Act. However, the Serve America Act removes the requirement that waiver procedures be consistent with ‘‘the consultation, withholding, notice and judicial review requirements’’ [of the Elementary and Secondary Act of 1965]. Therefore, the regulation is amended to remove the quoted waiver procedure language by removing subsection (b)(2). Contents of a Direct Grant Application From a State or Indian Tribe (§ 2516.400) Section 1612 of the Serve America Act, adds section 189D to the NCSA. The criminal history check requirement of section 189D applies to all individuals receiving a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, regardless of the type of service the individual is performing or the individual’s access to vulnerable populations. Section 189D also provides that an individual convicted of murder, as described in section 1111 of title 18, United States Code, is ineligible to serve in a national service position. The criminal history check standards are set out in the regulations at 45 CFR Part 2540. Thus, in addition to the other assurances that applicants must make, compliance with the criminal history check requirements under Part 2540, which take effect October 1, 2009, has been added to § 2516.400(c)(2) and 2516.410(c)(4). For more information on criminal history checks, please visit the Corporation’s Web site at http:// www.nationalservice.gov/ for_organizations/manage/ history_checks.asp. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 46497 Contents of a Direct Grant Application From a Community-Based Entity (§ 2516.410) Consistent with amendments to the NCSA at section 113, this section of the regulation is amended to replace grantmaking entity with communitybased entity and to remove references to LEAs and local partnerships, which may no longer apply for grants directly from the Corporation except as an SEAdesignated entity in lieu of an SEA. Additionally, as discussed in the previous paragraph, § 2516.410(c)(4) is amended to require applicants for direct funding as a community-based entity to make as assurance that it will comply with the criminal history check requirements of 45 CFR Part 2540. Contents of a Subgrant (§ 2516.420) Like § 2516.410, this section is amended by replacing the term grantmaking entity with communitybased entity, thereby making it consistent with the Serve America Act’s NCSA amendments regarding the type of entities now eligible for direct funding, which in turn will make subgrants. Application Review Criteria for Direct Grants (§ 2516.500) As is the case in other sections of Part 2516, this section replaces the term grantmaking entity with communitybased entity at (a)(3)(i). In that same paragraph a technical amendment is made by changing the reference to the State Plan from § 2550.80(a) to section 2513. Added to the list of priorities in reviewing proposals is the phrase serving economically disadvantaged youth at (b)(2), thereby making this priority consistent with the amendment to the priorities set out in the Serve America Act’s NCSA amendment at section 114. Application Review Criteria for Subgrants (§ 2516.520) Consistent with the Serve America Act, this section is amended by replacing the term grantmaking entity with community-based entity. Distribution of Funds (§ 2516.600) The Serve America Act makes several major changes to the NCSA at section 112A that affect this section of the regulations. For the first time, the Corporation is required to reserve a minimum of school-based funding for Indian Tribes and U.S. Territories. Previously, the Corporation was required to reserve ‘‘not more than 3 percent,’’ but there was no minimum amount that had to be reserved. The Serve America Act amendments now E:\FR\FM\10SER1.SGM 10SER1 46498 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations require that ‘‘not less than 2 percent and not more than 3 percent’’ be reserved for Indian Tribes and U.S. territories. This change is now reflected in paragraph (a) of the regulation. The competitive school-based program has been eliminated. Therefore reference to the 25 percent set-aside for the program has been deleted from paragraph (b)(1). Paragraph (b)(1) has been reassigned to the formula allotments to the States. The allotment percentage has been raised in the NCSA amendments from 37.5 percent to 50 percent for the number of school-age youth in a State that bears to the total number of school-age youth in all States and for the amount a State will receive based on the ratio of the State’s prior fiscal year allocation under Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965. The Serve America Act amendments provide that if Learn and Serve America funding exceeds $50 million in any fiscal year, the minimum allotted to each State will be $75,000. The prior minimum funding amount was based on fiscal year 1993 funding, supplemented by State competitive funds. These minimum funding changes are reflected in (b)(iii). Paragraph (c) is amended to add community-based entity in place of local partnerships or LEAs for the type of entity eligible for funding in a nonparticipating State, as provided in the Serve America Act. Lastly, paragraph (d) of the regulation referencing competitive funding if less than $20 million is appropriated has been removed in conformity with the Serve America Act. erowe on DSK5CLS3C1PROD with RULES Match Requirements (§ 2516.700) The amendments to the NCSA at section 116 lower the Corporation’s share available for school-based programs. The Corporation’s share in the first year is decreased to 80 percent. In the second year it is decreased to sixty-five percent and for the third and any subsequent years, it is set at fifty percent. These changes are now reflected in paragraph (a) of the regulation. The Serve America Act amendments preclude the use as match of funding from Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), unless waived by the Corporation based on lack of available resources at the local level. This change is reflected in paragraph (b). VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 Limits on Administrative Costs & Capacity (§ 2516.710) The amendments to the NCSA at section 117 raise the amount of funding that may be used to pay for administrative costs from five percent to a maximum of six percent. This change is reflected in paragraph (a), where appropriate. The amendments also remove the requirement that recipients spend 10 to 15 percent of funding on capacity building. Therefore, this requirement has been removed from the regulation. Higher Education Innovative Programs for Community Service Section 1202 of the Serve America Act makes amendments to the Corporation’s Higher Education program. References to section numbers of Subtitle B of the NCSA in the following discussion are to the revised section numbers reflected in the Serve America Act. References to the regulations are to the appropriate sections of 45 CFR Part 2519. Federal Work-Study Requirement (§ 2519.120) The interim final rule adds § 2519.120, which requires recipients to meet minimum Federal Work-Study standards as provided in section 119(g) of the NCSA as amended by the Serve America Act. Specifically, the Serve America Act amendments provide that an institution of higher education, to be eligible for NCSA funding, must demonstrate that it meets the minimum requirements under the Higher Education Act of 1965 (443(b)(2)(A); 42 U.S.C. 2753(b)(2)(A)) relating to the participation of Federal Work-Study students employed under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) in community service activities or has received a waiver of those requirements from the Secretary of Education. The current minimum requirement under section 443(b)(2)(A) of the Higher Education Act provides that an institution must use at least 7 percent of the total amount of funds granted to it under the Federal Work-Study program to support students engaged in community service. Contents of a Grant Application (§ 2519.400) As is the case with all other Corporation national service programs, the Serve America Act amendments now apply the criminal history check provisions of section 189D of the NCSA to the Higher Education Program. The criminal history check standards are set out in 45 CFR Part 2540. Thus, in addition to the other assurances that PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 applicants must make, compliance with the criminal history check requirements under Part 2540, which take effect October 1, 2009, has been added to § 2519.400(b)(2). Application Review Criteria (§ 2519.500) The Serve America Act amendments (NCSA section 119(f)) include several revised or additional application review criteria that are reflected in paragraphs (b)(4), (5), (6), (7), and (10) of this section. These include consideration of an applicant’s description of a partnership that will participate in, among previously acceptable activities, providing service in or involving lowincome communities and a department of the institution, or a group of faculty comprised of different departments, schools, or colleges at an institution. Other new review criteria include demonstrating the extent to which a proposal will contribute to the goals of involved community members and a commitment to performing projects in underserved communities, methods for improving service, and a description of needs that proposed projects are intended to address. Acceptable Match (§ 2519.700) The interim final rule, in accordance with the Serve America Act amendments (NCSA § 119(c)(1)), adds a descriptive phrase regarding match by clarifying that private funds or donated services are acceptable as local match. Limits on Administrative Costs (§ 2519.710) Amendments to the NCSA at § 117 increase the amount of funding that may be used to pay for administrative costs from five percent to a maximum of six percent for school-based programs. A similar amendment for the Higher Education Program is reflected in this section. (B) AmeriCorps State and National The Serve America Act lists as an effective date October 1, 2009. For this rule, we have identified those provisions in that Act that will require grantees to amend their practices beginning October 1, 2009 that conflict with a provision in current AmeriCorps regulations. The rule includes amendments to the list of prohibited member activities, criminal history check requirements, definitions for terms of service, documentation requirements for a release for compelling personal circumstances, requirements for tutors and tutoring programs, and State Commission administrative grant range and match E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations requirements, composition requirements, and State Plan requirements. There are many provisions in the Act that will be implemented in later rulemakings; this rule is primarily to eliminate conflict between the law and the regulations for those provisions that will have an immediate impact on grantee operations. erowe on DSK5CLS3C1PROD with RULES Prohibited Member Activities (§ 2520.65) The Serve America Act adds a new section 132A to the NCSA, codifying the Corporation’s longstanding list of activities in which AmeriCorps members may not engage during AmeriCorps service hours. In addition to those activities the Corporation already prohibits (found in current § 2520.65) the SAA prohibits AmeriCorps members from ‘‘[p]roviding abortion services or referrals for receipt of such services.’’ This interim final rule amends § 2520.65 to include a prohibition on providing abortion services or referrals for receipt of such services during AmeriCorps member service hours. No member, including currently serving members, may engage in this newly added prohibited activity during AmeriCorps service hours on or after October 1, 2009. Criminal History Check Requirements (§§ 2522.205–207, 2540.200–207) Section 1612 of the Serve America Act, adds a new section 189D to the NCSA, codifying existing AmeriCorps criminal history check requirements, with two significant changes. First, section 189D expands coverage to all individuals receiving ‘‘a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws’’—regardless of the type of service the individual is performing or the individual’s access to vulnerable populations. Previously, the criminal history check outlined in our regulations in Part 2540 was required only for individuals with recurring access to vulnerable populations. Second, section 189D states that an ‘‘individual shall be ineligible to serve in a [covered position] if such individual * * * has been convicted of murder, as described in section 1111 of title 18, United States Code.’’ This is in addition to the current suitability criteria rendering ineligible individuals who are registered, or required to be registered, on a State sex offender registry. This interim rule amends §§ 2522.205–207 and §§ 2540.200–201 to align with these changes to the statute. Programs must amend their VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 criminal history check practices to comply with these changes for any individual who will receive a living allowance, stipend, education award, or salary through the program hired or enrolled in a program on or after October 1, 2009. Programs are not required to apply these changes to individuals hired or enrolled prior to that date. For more information on criminal history check requirements, please visit the Corporation’s Web site at http://www.nationalservice.gov/for_ organizations/manage/history_ checks.asp. The Serve America Act also includes a provision which would require FBI fingerprint checks for individuals working with vulnerable populations. This provision goes into effect two years after the date of enactment of the Serve America Act, and will be implemented in a later rulemaking. Length of and Extension to a Term of Service (§§ 2522.220, 2522.240) The Serve America Act amends section 139 of the NCSA by making two significant changes to the definition of terms of service: (1) It removes the limitation that a full-time term of service must be served over a period of at least nine months; and (2) it sets the maximum length of a part-time term of service at two years, conforming with current practice. This rule amends § 2522.220(a) to align the definitions of full-time and part-time terms of service with the new statutory definitions. Under this rule, a full-time term of service is defined as 1,700 hours of service over a period of not more than one year, and a part-time term of service is defined as 900 hours of service during a period of not more than two years. While it is no longer necessary for a full-time term to cover a period of at least nine months, our grant provisions still require that grantees ‘‘ensure that each member has sufficient opportunity to complete the required number of hours to qualify for their education award.’’ (2009 AmeriCorps Grant Provisions, IV.C.5). Further, ‘‘[in] planning for the member’s term of service, the grantee must account for holidays and other time off, and must provide each member with sufficient opportunity to make up missed hours.’’ (2009 AmeriCorps Grant Provisions, IV.D.1). A grantee that imposes unreasonable service hour requirements on an AmeriCorps member may be considered to be non-compliant with these provisions. The new definitions for terms of service will go into effect for any member enrolling on or after October 1, 2009. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 46499 The Serve America Act also amends section 139 to provide an exception to the limit on the length of a term of service for disaster purposes. The Act states that ‘‘an individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 90 days beyond the period otherwise specified.’’ The Act specifies that ‘‘a period of service performed by an individual in an originally-agreed to term of service and service performed [during an extension for disaster purposes] shall constitute a single term of service.’’ Further, while the Act permits a program to continue to provide a member with a living allowance and other benefits during an extension for disaster purposes, the member would not be eligible for any additional education award beyond what would be received for the originally agreed-upon term of service. In other words, an AmeriCorps member serving in a fulltime position whose term of service was extended to respond to a natural disaster would be eligible for an education award of equivalent value to a member whose term was not extended. This rule amends § 2522.220 to provide for an extension to a term of service for disaster purposes, and amends § 2522.240 to provide for the receipt of a living allowance and other benefits during an extension. Any program wishing to extend a member’s term of service for disaster relief purposes must first obtain permission from the Corporation. Release From a Term of Service for Compelling Personal Circumstances (§ 2522.230) The amendments to the NCSA at section 139 include a change to how a release for compelling personal circumstances is documented. Under the amended section, the program has the responsibility for determining whether an individual should be released for compelling personal circumstances, and is responsible for certifying the individual’s eligibility for a pro-rated educational award; the program is no longer required to obtain or maintain documentation of the member’s demonstration of compelling personal circumstances. This interim rule amends § 2522.230 to align with the changes to the statute. Programs will still be required to keep documentation of the basis for their determination that compelling personal circumstances prevented the participant from completing a term of service (§ 2522.230(a)(4)). E:\FR\FM\10SER1.SGM 10SER1 46500 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations To be released for compelling personal circumstances under the amended section, the individual must have ‘‘otherwise performed satisfactorily and [have] completed at least 15 percent of the term of service’’. While the Serve America Act changes current practice by limiting releases for compelling personal circumstances to those members who have served at least 15 percent of a term of service, this change in characterization of the release will not impact an individual’s eligibility to serve an additional term or to receive an education award. Under current rules, an individual’s eligibility for a subsequent term of service is not affected by release for cause so long as the individual received a satisfactory end-of-term performance review (§ 2522.230(b)(6)). Further, under current rules an individual released for compelling personal circumstances must have served at least 15 percent of a term of service to be eligible to receive a pro-rated education award (§ 2526.20(a)). To illustrate, the following table shows the impact of releases prior to serving 15% under current rules: Reason for release prior to serving 15% Eligible for education award? For Cause—For reasons of misconduct .................................................................................................................... For Cause—For reasons other than misconduct ....................................................................................................... For Compelling Personal Circumstances ................................................................................................................... No ................ No ................ No ................ As illustrated above, considering all releases for reasons other than misconduct—including those reasons a program may consider ‘‘compelling’’— has no impact on a member’s eligibility to earn an education award or serve a subsequent term of service. erowe on DSK5CLS3C1PROD with RULES Tutoring Requirements (§§ 2522.910, 930, 940) The Serve America Act amends section 122 of the NCSA to codify the Corporation’s existing regulatory requirements for AmeriCorps tutoring programs, with two significant differences. First, amended section 122(h) requires that an AmeriCorps tutoring program certify that an individual serving as a tutor, except for ‘‘an individual serving in an approved national service position who is enrolled in an elementary or secondary school and is providing tutoring services through a structured, schoolmanaged cross-grade tutoring program,’’ have ‘‘obtained their high school diploma.’’ Previously, our rules have permitted an individual who has not received a high school diploma the option of passing a proficiency test in order to serve as a tutor; amended section 122(h) removes this option. For the purposes of this requirement, ‘‘high school diploma’’ can be understood to mean a high school diploma or its equivalent. Second, amended section 122(h) requires that AmeriCorps tutoring programs ‘‘offer a curriculum that is high quality, research-based, and consistent with the State academic standards required by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) and the instructional program of the local educational agency.’’ Previously, our rules have permitted programs to offer a curriculum that is consistent VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 with the State academic standards or the instructional program of the local educational agency; this change will require that the curricula be consistent with both. This interim final rule aligns the regulatory requirements in §§ 2522.910, 930, and 940 with those in the amended statute. Tutoring programs must ensure that all members enrolling after October 1, 2009, have earned a high school diploma or its equivalent. All tutoring programs beginning after October 1, 2009, must design their curriculum to be consistent with both the State academic standards and the instructional program of the local educational agency. State Commission Composition Requirements (§ 2550.50) Section 178 of the NCSA, as amended by the Serve America Act, adds to the list of required voting members of a State Commission a ‘‘representative of the volunteer sector.’’ This rule amends the list of required voting members of a State Commission in § 2550.50 to align with the statute. In addition, amended section 178 no longer permits States to allow the exofficio member of the Commission designated by the Corporation as a representative to be a voting member. This rule amends § 2550.80 to align with the statute and longstanding Corporation guidance. State Plan Requirements (§ 2550.80) The Serve America Act amends the duties of State Commissions listed in section 178 of the NCSA by expanding the required components of the State Plan and adding a new requirement for a State Service Plan for adults age 55 and older. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Eligible for subsequent term of service? No. Yes. Yes. State Plans Under amended section 178, the State Plan must provide for ‘‘effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws,’’ must ‘‘include measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 179(k),’’ must ‘‘ensure outreach to, and coordination with, municipalities (including large cities) and county governments regarding the national service laws,’’ and is ‘‘subject to approval by the chief executive officer of the State.’’ This rule amends § 2550.80(a) to align with the new requirements for State Plans in the NCSA. The Corporation understands that different States have different schedules for their State plans, meaning that while one State may be in the third year of its three-year plan, another State may be beginning its first year. Further, we understand that many of the new components in the State Plan rely upon elements of the Serve America Act that have not yet been implemented, such as the program performance levels required in section 179(k) of the NCSA that will not begin to be used with State and National operational grants until the 2010 funding cycle. The Serve America Act makes an additional amendment to the description of the State Plan by describing it as covering a three-year period, ‘‘the beginning of which may be set by the State.’’ Therefore, when a State Commission is preparing to develop its next three-year plan, it must incorporate these new elements. This will give States time to consider other changes resulting from implementation of the Serve America Act and enable E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations States to develop a plan befitting their particular needs and timeline. Supplemental State Plan for Adults Age 55 or Older Amended section 178 also adds a requirement for a ‘‘State Service Plan for Adults Age 55 or Older’’ (hereinafter ‘‘Supplemental State Plan for Adults Age 55 or Older’’, or ‘‘Supplemental Plan’’). While there will likely be overlap between the two plans, this plan is distinct from the State Plan in two significant ways beyond the plans’ required content. First, unlike the State Plan, States are required to have a Supplemental Plan in order to be eligible to receive any funds under Subtitles B and C of title I of the NCSA—including funding for Learn and Serve programs, AmeriCorps programs, disability placement funds, and administrative grants. Second, unlike the State Plan, there is no statutory requirement for a time period the Supplemental Plan must cover, nor is there a requirement to update this new plan on an annual basis. In order to ensure that all States are eligible to receive Subtitle B and C funding in the coming year, the required components of the Supplemental Plan have already been incorporated in the application instructions for Admin/PDAT/Disability applications due this Fall. States may choose to periodically update the Supplemental Plan along with their State Plans. This rule adds development of a Supplemental State Plan for Adults Age 55 or Older to the list of duties of State Commissions in § 2550.80 to align the list with the statute. As stated in the rule and in the Admin/PDAT/Disability instructions, these plans must: (1) Include recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs; (2) Include recommendations to the State agency on aging (as defined in section 102 of the Older Americans Act of 1965, 42 U.S.C. 3002) on a marketing outreach plan to businesses and outreach to nonprofit organizations, the State educational agency, institutions of higher education, and other State agencies; (3) Include recommendations for civic engagement and multigenerational activities, including early childhood education and care, family literacy, and other after school programs, respite services for adults age 55 or older and caregivers, and transitions for older adults age 55 or older to purposeful work in their post-career lives; and (4) Incorporate the current knowledge base regarding the economic impact of the roles of workers age 55 or older in the economy, the social impact of the roles of such workers in the community, the health and social benefits of active engagement for adults age 55 or older. The plans, once developed, must be made available to the public. 46501 State Commission Administrative Grants (§ 2550.110) Amount of Administrative Grants The Serve America Act amends section 126 of the NCSA, the section authorizing administrative grants to State Commissions for the purpose of establishing or operating the Commission. Under amended section 126, the range of administrative grants has been increased from $125,000– $750,000 to $250,000 up to $1 million. This rule amends § 2550.110(a) to reflect the new range. Please note that the minimum administrative grant amount of $250,000 will not be in effect until a fiscal year 2010 Appropriations Bill is enacted. Please also note that the $1,000,000 is an ‘‘up to’’ amount, and the Corporation will exercise its discretion based on availability of funds, as to the amount awarded to larger States. Administrative Grant Matching Requirements Amended section 126 requires States to ‘‘provide matching funds from nonFederal sources of not less than $1 for every $1 provided by the Corporation’’ in the administrative grant. For the first time, this amended section will allow the Corporation to waive the match requirement for State Commissions that demonstrate hardship or for new State Commissions. Upon receipt of such a waiver, the Commission will use the following match schedule, as outlined in amended section 126: Grant amount Match requirement (1) First $100,000 ..................................................................... (2) Amounts above $100,000 but less than $250,000 ............ No match requirement. $1 of non-Federal funds for every $2 provided by the Corporation in excess of $100,000. $1 of non-Federal funds for every $1 provided by the Corporation in excess of $250,000. (3) Amounts greater than $250,000 ......................................... For example, a Commission receiving an administrative grant amount of $300,000 who has received a waiver would have a match requirement of $125,000: $0 + $75,000 erowe on DSK5CLS3C1PROD with RULES + $50,000 (for the first $100,000). (for the amount between $101,000 and $250,000 (or .5 × $150,000)). (for the amount between $251,000 and $300,000 (or 1 × $50,000)). $125,000 Please note that match waivers authorized under amended section 126 VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 will not be available until an FY 2010 Appropriations Bill has been enacted. (C) Senior Corps The Serve America Act amends sections 200, 211, and 213(a) of the Domestic Volunteer Service Act of 1973 (DVSA) by lowering the age of eligibility for participation in the Senior Companion and Foster Grandparent Programs from 60 to 55. The Act also includes more expansive language that will permit Foster Grandparents to serve children whose circumstances limit their academic, social, or emotional development, as well as provide supportive services and companionship PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 to children with special or exceptional needs. The Serve America Act also adds a conviction for the offense of murder, as defined under Federal law in section 1111 of title 18, United States Code, as an offense disqualifying an individual from serving as a Senior Companion, Foster Grandparent, or as a grant-funded employee of the Senior Companion, Foster Grandparent, or the Retired and Senior Volunteer Program. Programs must amend their criminal history check procedures to comply with the new criteria for all staff and volunteers selected on or after October 1, 2009. For more information on criminal history check requirements, please visit the E:\FR\FM\10SER1.SGM 10SER1 46502 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations Corporation’s Web site at http:// www.nationalservice.gov/ for_organizations/manage/ history_checks.asp. The Serve America Act amends section 211 of the DVSA to raise the income eligibility guidelines for Senior Companion and Foster Grandparent volunteers to 200 percent of the poverty line, as set forth in 42 U.S.C. 9902(2). This interim rule amends the applicable sections of the Senior Corps regulations, which address the above issues, to align them with the new statutory requirements of the Serve America Act. Finally, the Serve America Act also amends the DVSA by requiring the Corporation to develop a competitive process for issuing grants for the Retired and Service Volunteer Program beginning in 2013. This process will be addressed in future Corporation rulemaking. (D) General Provisions erowe on DSK5CLS3C1PROD with RULES Parental Involvement (§ 2540.330) The Serve America Act amends section 177 of the NCSA to add a requirement that all recipients of funds under the national service laws that intend to operate programs that include and serve children must ‘‘consult with the parents or legal guardians of children in developing and operating’’ those programs. Further, the Act adds a requirement that any recipient of funds under the national service laws must, ‘‘before transporting minor children, provide the children’s parents with the reason for the transportation and obtain the parents’ permission for such transportation, consistent with State law.’’ This interim rule adds these requirements in a new § 2540.330. Learn and Serve America, VISTA, Senior Corps, and AmeriCorps State and National programs beginning after October 1, 2009, that will include or serve children must include in their program design an opportunity to consult with parents of the children included or served. All programs that transport children, including existing programs, must provide the children’s parents or legal guardians with the reason for transportation and obtain a parent’s or legal guardian’s permission for the transportation beginning on October 1, 2009. IV. Effective Dates This interim final rule will take effect October 13, 2009. VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 V. Rulemaking Analyses and Notices 45 CFR Part 2550 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 foreignbased 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. Grants administration, Grant programs—social programs. Other Impact Analyses This rule contains no information collection requirements and is therefore not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). For purposes of Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531–1538, as well as Executive Order 12875, this regulatory action does not contain any Federal mandate that may result in increased expenditures in either Federal, State, local, or Tribal governments in the aggregate, or impose an annual burden exceeding $100 million on the private sector. List of Subjects 45 CFR Part 2510 Grant programs—social programs, Volunteers. 45 CFR Part 2516 Grants administration, Grant programs—social programs. 45 CFR Part 2519 Grants administration, Grant programs—social programs. 45 CFR Part 2520 Grant programs—social programs, Volunteers. 45 CFR Part 2522 Grants administration, Grant programs—social programs, Volunteers. 45 CFR Part 2540 Civil rights, Fraud, Grants administration, Grant programs—social programs, Trademarks—signs and symbols, Trust, Volunteers. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 45 CFR Part 2551 Aged, Grant programs—social programs, Reporting and recordkeeping requirements, Volunteers. 45 CFR Part 2552 Aged, Grant programs—social programs, Reporting and recordkeeping requirements, Volunteers. 45 CFR Part 2553 Aged, Grant programs—social programs, Reporting and recordkeeping requirements, Volunteers. For the reasons stated in the preamble, under the authority of 42 U.S.C. 12651d, the Corporation for National and Community Service amends 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 is revised to read as follows: ■ Authority: 42 U.S.C. 12511. 2. Amend § 2510.20 by adding the definition of ‘‘community-based entity’’ to read as follows: ■ § 2510.20 Definitions. * * * * * Community-based entity. The term community-based entity means a public or private nonprofit organization that— (1) Has experience with meeting unmet human, educational, environmental, or public safety needs; and (2) Meets other such criteria as the Chief Executive Officer may establish. * * * * * PART 2516—SCHOOL-BASED SERVICE-LEARNING PROGRAMS 3. The authority citation for part 2516 is revised to read as follows: ■ Authority: 42 U.S.C. 12521–12529; 42 U.S.C. 12645g. ■ 4. Revise Subpart A to read as follows: Subpart A—Eligibility To Apply Sec. 2516.100 What is the purpose of schoolbased service-learning programs? 2516.110 Who may apply for a direct grant from the Corporation? 2516.120 Who may apply for funding a subgrant? E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations Subpart A—Eligibility To Apply § 2516.100 What is the purpose of schoolbased service-learning programs? The purpose of school-based servicelearning programs is to promote servicelearning as a strategy to support highquality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students’ academic and civic learning; and support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities. § 2516.110 Who may apply for a direct grant from the Corporation? (a) The following entities may apply for a direct grant from the Corporation: (1) A State, through a State educational agency (SEA). For purposes of this part ‘‘State’’ means one of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and, except for the purpose of § 2516.600(b), U.S. Territories; ‘‘SEA’’ means a ‘‘State educational agency’’ as defined in § 2510.20 of this chapter or an SEAdesignated statewide entity (which may be a community-based entity) with demonstrated experience in supporting or implementing service-learning programs. (2) An Indian Tribe. (3) For activities in a nonparticipating State or Indian Tribe, a communitybased entity as defined in § 2510.20. (b) The types of grants for which each entity is eligible are described in § 2516.200. erowe on DSK5CLS3C1PROD with RULES § 2516.120 subgrant? Who may apply for funding a Entities that may apply for a subgrant from a State, Indian Tribe, or community-based entity are: (a) A qualified organization, Indian Tribe, Territory, local educational agency, for-profit business, private elementary school or secondary school, or institution of higher education for a grant from a State for planning and building the capacity of school-based service-learning programs. (b) A local partnership, for a grant from a State to implement, operate, or expand a school-based service learning program. (1) The local partnership must include an LEA and one or more community partners. The local partnership may include a private forprofit business, or private elementary or secondary school, or an Indian Tribe (except that an Indian Tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project). VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 (2) The community partners must include a public or private nonprofit organization that has demonstrated expertise in the provision of services to meet educational, public safety, human, or environmental needs; will make projects available for participants, who must be students; and was in existence at least one year before the date on which the organization submitted an application under this part. (c) An LEA or Indian Tribe for planning school-based service-learning programs involving paying, recruiting, and supporting service-learning coordinators. (d) An LEA, local partnership, or public or private nonprofit organization for a grant from a State to implement, operate, or expand an adult volunteer program. The local partnership must include an LEA and one or more public or private nonprofit organizations, other educational agencies, or an Indian Tribe (except that an Indian Tribe distributing funds under this paragraph is not eligible to be a recipient of those funds) that coordinate and operate projects for participants who must be students. (e) An eligible entity for a grant from a State or Indian Tribe to carry out civic engagement activities. 5. Revise § 2516.200 to read as follows: § 2516.200 How may grant funds be used? Funds under a school-based service learning grant may be used for the purposes described in this section. (a) Planning and capacity-building. (1) A State, Indian Tribe, or communitybased entity may use funds to pay for planning and building its capacity to implement school-based servicelearning programs. These entities may use funds either directly or through subgrants or contracts with qualified organizations. (2) Authorized activities include the following: (i) Providing training for teachers, supervisors, personnel from community-based agencies (particularly with regard to the utilization of participants) and trainers, conducted by qualified individuals or organizations experienced in service-learning. (ii) Developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including the age-appropriate learning components for students to analyze and apply their service experiences. (iii) Forming local partnerships described in § 2516.120 to develop school-based service-learning programs in accordance with this part. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 46503 (iv) Devising appropriate methods for research and evaluation of the educational value of service-learning and the effect of service-learning activities on communities. (v) Establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based agencies with demonstrated effectiveness in working with school-age youth in their communities. (vi) Establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, Territory or serving the Indian Tribe involved, with particular attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (b) Implementing, operating, and expanding school-based programs. (1) A State, Indian Tribe or community-based entity may use funds to make subgrants to local partnerships described in § 2516.120(b) to implement, operate, or expand school-based service-learning programs. (2) If a State does not submit an application that meets the requirements for an allotment grant under § 2516.400, the Corporation may use the allotment to fund applications from communitybased entities for programs in that State. (3) Authorized activities include paying the costs of the recruitment, training, supervision, placement, salaries and benefits of service-learning coordinators. (c) Planning programs. (1) A State may use funds to make subgrants to LEAs for planning school-based servicelearning programs. (2) If a State does not submit an application that meets the requirements for an allotment grant under § 2516.400, the Corporation may use the allotment to fund applications from communitybased entities for planning programs in that State. (3) Authorized activities include paying the costs of— (i) The salaries and benefits of servicelearning coordinators as defined in § 2510.20 of this chapter; and (ii) The recruitment, training, supervision, and placement of servicelearning coordinators who may be, but are not required to be, participants in an AmeriCorps program described in parts 2520 through 2524 of this chapter, or who receive AmeriCorps education awards, or who may be participants in a project under section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001), or who may participate E:\FR\FM\10SER1.SGM 10SER1 46504 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a). (d) Adult volunteer programs. (1) A State, Indian Tribe, or community-based entity may use funds to make subgrants to local partnerships described in § 2516.120(c) to implement, operate, or expand school-based programs involving adult volunteers to utilize service-learning to improve the education of students. (2) If a State does not submit an application that meets the requirements for an allotment grant under § 2516.400, the Corporation may use the allotment to fund applications from those local partnerships for adult volunteer programs in that State. (e) Planning by Indian Tribes and U.S. Territories. If the Corporation makes a grant to an Indian Tribe or a U.S. Territory to plan school-based servicelearning programs, the grantee may use the funds for that purpose. (f) Civic engagement programs. A State, Indian Tribe, Territory or qualified organization may use funds to support service-learning civic engagement programs that promote a better understanding of: (1) The principles of the Constitution, the heroes of United States history (including military history), and the meaning of the Pledge of Allegiance; (2) How the Nation’s government functions; and (3) The importance of service in the Nation’s character. § 2516.310 [Amended] 6. Amend § 2516.310 by removing paragraph (b)(2) and redesignating paragraph (b)(1) as paragraph (b). ■ 7. Revise § 2516.400(c)(2) to read as follows: ■ § 2516.400 What must a State or Indian Tribe include in an application for a grant? (1) A description of how the applicant will coordinate its activities with the State Plan under § 2513 of this chapter, including a description of plans to meet and consult with the State Commission, if possible, and to provide a copy of the program application to the State Commission and with other Federallyassisted activities. (b) The specific program, budget, and other information specified by the Corporation in the grant application package. (c) Assurances that the applicant will— (1) Keep such records and provide such information to the Corporation with respect to the program as may be required for fiscal audits and program evaluations; (2) Prior to the placement of a participant, consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by the program, to prevent the displacement and protect the rights of those employees; (3) Develop an age-appropriate learning component for participants in the program that includes a chance for participants to analyze and apply their service experiences; and (4) Comply with the criminal history check requirements for all grant-funded staff employed after October 1, 2009, in accordance with 45 CFR 2540.200–207, as well as the nonduplication, nondisplacement, and grievance procedure requirements of Part 2540. ■ 9. Revise § 2516.420 to read as follows: § 2516.420 What must an LEA, local partnership, qualified organization or other eligible entity include in an application for a subgrant? * * * * (c) * * * (2) Comply with the criminal history check requirements for all grant-funded staff employed after October 1, 2009, in accordance with 45 CFR 2540.200–207, as well as the nonduplication, nondisplacement, and grievance procedure requirements of Part 2540. ■ 8. Revise § 2516.410 to read as follows: In order to apply for a subgrant from a State, Indian Tribe, or communitybased entity under this part, an applicant must include the information required by the Corporation grantee. ■ 10. Amend § 2516.500(a)(3)(i) by removing the word ‘‘grantmaking’’ and adding the word ‘‘community-based’’ in it place and by revising paragraph (b)(2) to read as follows: § 2516.410 What must a community-based entity include in an application for a grant? erowe on DSK5CLS3C1PROD with RULES * § 2516.500 How does the Corporation review the merits of an application? In order to apply to the Corporation for a grant, a community-based entity must submit the following: (a) A detailed description of the proposed program goals and activities. The application of a community-based entity must include— VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 * * * * * (b) * * * (2) Reflect the greatest need for assistance, such as programs targeting low-income areas or serving economically disadvantaged youth; * * * * * PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 § 2516.520 [Amended] 11. Amend the caption for § 2516.520 by removing the term ‘‘grantmaking’’ and adding the term ‘‘communitybased’’ in its place. ■ 12. Revise § 2516.600 to read as follows: ■ § 2516.600 How are funds for schoolbased service-learning programs distributed? (a) Of the amounts appropriated to carry out this part for any fiscal year, the Corporation will reserve not less than two percent and not more than three percent for grants to Indian Tribes and U.S. Territories to be allotted in accordance with their respective needs. (b) The Corporation will use the remainder of the funds appropriated as follows: (1) Allotments to States. (i) From 50 percent of the remainder, the Corporation will allot to each State an amount that bears the same ratio to 50 percent of the remainder as the number of school-age youth in the State bears to the total number of school-age youth of all States. (ii) From 50 percent of the remainder, the Corporation will allot to each State an amount that bears the same ratio to 50 percent of the remainder as the allocation to the State for the previous fiscal year under Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) bears to the allocations to all States. (iii) Notwithstanding other provisions of paragraph (b)(1) of this section, for any fiscal year for which amounts appropriated for Part I of Subtitle B of Title I of the National and Community Service Act of 1990 (42 U.S.C. 12521 et seq.) exceed $50,000,000, the minimum allotment to each State under this paragraph (b)(1) will be $75,000. (2) For the purpose of paragraph (b) of this section, ‘‘State’’ means one of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) If a State or Indian Tribe does not submit an application that meets the requirements for approval under this part, the Corporation (after making any grants to community-based entities for activities in nonparticipating States) may use its allotment for States and Indian Tribes with approved applications, as the Corporation determines appropriate. 13. Revise § 2516.700 to read as follows: ■ E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations § 2516.700 required? What matching funds are (a) The Corporation share of the cost of carrying out a program funded under this part may not exceed— (1) Eighty percent of the total cost for the first year for which the program receives assistance; (2) Sixty-five percent of the total cost for the second year; and (3) Fifty percent of the total cost for the third year and any subsequent year. (b) In providing for the remaining share of the cost of carrying out a program, each recipient of assistance must provide for that share through a payment in cash or in-kind, fairly evaluated, including facilities, equipment, or services, and may provide for that share through State sources, local sources, or Federal sources (other than funds made available under the national service laws or title I of the Elementary and Secondary Act of 1965 (20 U.S.C. 6311 et seq.)). (c) The Corporation may waive the requirements of paragraph (b) of this section in whole or in part with respect to any program in any fiscal year if the Corporation determines that the waiver would be equitable due to a lack of available financial resources at the local level. ■ 14. Revise § 2516.710 to read as follows: erowe on DSK5CLS3C1PROD with RULES § 2516.710 of funds? What are the limits on the use The following limits apply to funds available under this part: (a) (1) Not more than six percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in § 2510.20 of this chapter. (2) The distribution of administrative costs between the grant and any subgrant is subject to the approval of the Corporation. (3) In applying the limitation on administrative costs, the Corporation may approve one of the following methods in the award document: (i) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to six percent of total Corporation funds expended, provided that— (A) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and (B) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation’s award; (ii) Specify that a fixed rate of six percent or less (not subject to VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or (iii) Use such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government. (b) Funds made available under this part may not be used to pay any stipend, allowance, or other financial support to any participant in a service-learning program under this part except reimbursement for transportation, meals, and other reasonable out-ofpocket expenses directly related to participation in a program assisted under this part. PART 2519—HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE 15. The authority citation for part 2519 is revised to read as follows: ■ Authority: 42 U.S.C. 12561; 42 U.S.C. 12645g. 16. Add § 2519.120 in subpart A to read as follows: ■ § 2519.120 What is the Federal Work-Study Requirement? To be eligible for assistance under this part, an institution of higher education must demonstrate that it meets the minimum requirements under section 443(b)(2)(A) of the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(A)) relating to the participation of students employed under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) (relating to Federal WorkStudy programs) in community service activities, or has received a waiver of those requirements from the Secretary of Education. ■ 17. Amend § 2519.400 by revising paragraph (c)(2) to read as follows: § 2519.400 What must an applicant include in an application for a grant? * * * * * (c) * * * (2) Comply with the criminal history check requirements for all grant-funded staff employed after October 1, 2009, in accordance with 45 CFR 2540.200–207, as well as the nonduplication, nondisplacement, and grievance procedure requirements of Part 2540. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 46505 18. Revise § 2519.500 to read as follows: ■ § 2519.500 How does the Corporation review an application? (a) The Corporation will review an application submitted under this part on the basis of the quality, innovation, replicability, and sustainability of the proposed program and such other criteria as the Corporation establishes in an application package. (b) In addition, in reviewing applications submitted under this part, the Corporation will take into consideration whether proposed programs— (1) Demonstrate the commitment of the institution of higher education, other than by demonstrating the commitment of its students, to supporting the community service projects carried out under the program; (2) Specify how the institution will promote faculty, administration, and staff participation in the community service projects; (3) Specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges; (4) Describe any higher education partnership that will participate in the community service projects, such as a higher education partnership comprised of the institution, a student organization, a community-based agency, a local government agency, or a nonprofit entity that serves or involves school-age youth, older adults, lowincome communities, a department of the institution, or a group of faculty comprised of different departments, schools, or colleges at the institution; (5) Demonstrate community involvement in the development of the proposal and the extent to which the proposal will contribute to the goals of the involved community members; (6) Demonstrate a commitment to perform community service projects in underserved urban and rural communities; (7) Describe research on effective strategies and methods to improve service utilized in the design of the projects; (8) Specify that the institution will use funds under this part to strengthen the infrastructure in institutions of higher education; (9) With respect to projects involving delivery of service, specify projects that involve leadership development of school-age youth; or (10) Describe the needs that the proposed projects are designed to E:\FR\FM\10SER1.SGM 10SER1 46506 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology, or child welfare. (c) In addition, the Corporation may designate additional review criteria in an application notice that will be used in selecting programs. § 2522.205 19. Amend § 2519.700 by revising paragraph (b) to read as follows: An individual is ineligible to serve in a covered position if the individual: (a) Is registered, or required to be registered, on a State sex offender registry or the National Sex Offender Registry; or (b) Has been convicted of murder, as defined in section 1111 of title 18, United States Code. ■ 26. Amend § 2522.220 by revising paragraphs (a)(1) and (a)(2) and adding a new paragraph (g) to read as follows: ■ § 2519.700 Are matching funds required? * * * * * (b) In providing for the remaining share of the cost of carrying out a program, each recipient of assistance must provide for that share through a payment in cash or in-kind, fairly evaluated, including facilities, equipment, or services, and may provide for that share through State sources, local sources (including private funds or donated services) or Federal sources (other than funds made available under the national service laws). * * * * * § 2519.710 [Amended] 20. Amend § 2519.710 by replacing the term ‘‘five percent’’ with ‘‘six percent’’ in (a)(1), (a)(3)(i) and (a)(3)(ii). ■ PART 2520—GENERAL PROVISIONS: AMERICORPS SUBTITLE C PROGRAMS 21. The authority citation for part 2520 is revised to read as follows: ■ Authority: 42 U.S.C. 12571–12595. 22. Amend § 2520.65 by: a. Removing the word ‘‘and’’ from the end of paragraph (a)(8)(iv); ■ b. Redesignating paragraph (a)(10) as (a)(11); and ■ c. Adding a new paragraph (a)(10) to read as follows: ■ ■ § 2520.65 What activities are prohibited in AmeriCorps subtitle C programs? erowe on DSK5CLS3C1PROD with RULES (a) * * * (10) Providing abortion services or referrals for receipt of such services; and * * * * * PART 2522—AMERICORPS, PARTICIPANTS, PROGRAMS, AND APPLICANTS 23. The authority citation for part 2522 is revised to read as follows: ■ Authority: 42 U.S.C. 12571–12595; 12651b–12651d; E.O. 13331, 69 FR 9911, Sec. 1612, Pub. L. 111–13. VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 [Amended] 24. Amend § 2522.205 by removing ‘‘, and which involves recurring access to children, persons age 60 or older, or individuals with disabilities.’’ ■ 25. Revise § 2522.206 to read as follows: ■ § 2522.206 What suitability criteria must I apply to a covered position? § 2522.220 What are the required terms of service for AmeriCorps participants, and may they serve more than one term? (a) * * * (1) Full-time service. 1,700 hours of service during a period of not more than one year. (2) Part-time service. 900 hours of service during a period of not more than two years. * * * * * (g) Extension of term for disaster purposes. If approved by the Corporation, a program may permit an AmeriCorps participant performing service directly related to disaster relief efforts to continue in a term of service for a period of up to 90 days beyond the period otherwise specified. A period of service performed by an AmeriCorps participant in an originally agreed-upon term of service and service performed under this paragraph shall constitute a single term of service for the purposes of § 2526.50(a) of this chapter. ■ 27. Amend § 2522.230 by: ■ a. Revising the introductory text; ■ b. Revising paragraph (a)(1); ■ c. Removing paragraph (a)(3); and ■ d. Redesignating paragraphs (a)(4) through (a)(7) as (a)(3) through (a)(6), respectively. The revised text reads as follows: § 2522.230 Under what circumstances may AmeriCorps participants be released from completing a term of service, and what are the consequences? An AmeriCorps program may release a participant from completing a term of service for compelling personal circumstances, as determined by the program, or for cause. (a) * * * (1) An AmeriCorps program may release a participant upon a PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 determination by the program, consistent with the criteria listed in paragraphs (a)(6) and (a)(7) of this section, that the participant is unable to complete the term of service because of compelling personal circumstances, if the participant has otherwise performed satisfactorily and has completed at least fifteen percent of the agreed term of service. * * * * * ■ 28. Amend § 2522.240 by adding a new paragraph (c) to read as follows: § 2522.240 What financial benefits do AmeriCorps participants serving in approved AmeriCorps positions receive? * * * * * (c) Financial benefits for participants during an extended term of service for disaster purposes. An AmeriCorps participant performing extended service under § 2522.220(g) may continue to receive a living allowance under paragraph (b) and other benefits under § 2522.250, but may not receive an additional AmeriCorps educational award under paragraph (a). ■ 29. Revise § 2522.910(b)(1) to read as follows: § 2522.910 What basic qualifications must an AmeriCorps member have to serve as a tutor? Then the tutor must meet the following qualifications: If the tutor is: * * * * * (b) * * ...................... (1) High School diploma or its equivalent, or a higher degree; and * * § 2522.930 * * * [Reserved] 30. Remove and reserve § 2522.930. 31. Amend § 2522.940 by: a. Revising paragraphs (a) and (c) to read as follows: ■ ■ ■ § 2522.940 What are the requirements for a program in which AmeriCorps members serve as tutors? * * * * * (a) Articulate appropriate criteria for selecting and qualifying tutors, including the requirements in § 2522.910 of this subpart, and certify that selected tutors meet the requirements in § 2522.910. * * * * * (c) Certify that the tutoring curriculum and pre-service and inservice training content are high-quality and research-based, consistent with the instructional program of the local E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations educational agency and with State academic content standards. * * * * * ■ 36. Add § 2540.330 to Subpart C to read as follows: PART 2540—GENERAL ADMINISTRATIVE POSITIONS (a) Consultation Requirement. Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children. (b) Parental Permission. Programs that receive assistance under the national service laws must, before transporting minor children, provide the children’s parents or legal guardians with the reason for the transportation and obtain the parent’s or legal guardian’s permission for such transportation, consistent with State law. § 2540.330 32. 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, 12631–12637; 42 U.S.C. 5065. § 2540.200 [Amended] 33. Amend § 2540.200 by removing ‘‘, and which involves recurring access to children, persons age 60 and older, or individuals with disabilities’’. ■ 34. Revise § 2540.201 to read as follows: ■ § 2540.201 What suitability criteria must I apply to a covered position? An individual is ineligible to serve in a covered position if the individual: (a) Is registered, or required to be registered, on a State sex offender registry or the National Sex Offender Registry; or (b) Has been convicted of murder, as defined in section 1111 of title 18, United States Code. ■ 35. Amend § 2540.203 by revising the section heading and paragraphs (a) and (b) to read as follows: erowe on DSK5CLS3C1PROD with RULES § 2540.203 When must I conduct a State criminal registry check and a National Sex Offender Public Web site check on an individual in a covered position? (a) The State criminal registry check must be conducted on Foster Grandparents, Senior Companions, and AmeriCorps State and National participants and grant-funded staff with recurring access to children, persons age 60 or older, or individuals with disabilities, who enroll in, or are hired by, your program after November 23, 2007. For all other covered individuals, the State criminal registry check must be conducted on an individual who enrolls in, or is hired by, your program on or after October 1, 2009. (b) The National Sex Offender Public Web site check must be conducted on an individual who is serving, or applies to serve, as a Foster Grandparent, Senior Companion, or AmeriCorps State and National participant or grant-funded staff with recurring access to children, persons age 60 or older, or individuals with disabilities on or after November 23, 2007. For all other covered individuals, the National Sex Offender Public Web site check must be conducted on an individual who enrolls in, or is hired by, your program on or after October 1, 2009. VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 Parental Involvement Required PART 2550—REQUIREMENTS AND GENERAL PROVISIONS FOR STATE COMMISSIONS AND ALTERNATIVE ADMINISTRATIVE ENTITIES 37. The authority citation for Part 2550 continues to read as follows: ■ Authority: 42 U.S.C. 12638. 38. Amend § 2550.50 by: a. Removing the word ‘‘and’’ from the end of paragraph (a)(8); ■ b. Removing the period and adding ‘‘; and’’ at the end of paragraph (a)(9); ■ c. Adding a new paragraph (a)(10); and ■ d. Revising paragraph (i). The additions and revisions read as follows: ■ ■ § 2550.50 What are the composition requirements and other requirements, restrictions, or guidelines for State Commissions? (a) * * * (10) A representative of the volunteer sector. * * * * * (i) The role of the Corporation representative. The Corporation will designate one of its employees to serve as a representative to each State or group of States. This individual must be included as an ex officio non-voting member on the State Commission. In general, the Corporation representative will be responsible for assisting States in carrying out national service activities. ■ 39. Amend § 2550.80 by: ■ a. Revising paragraph (a) introductory text; ■ b. Redesignating paragraph (a)(5) as (a)(9); ■ c. Adding new paragraphs (a)(5), (a)(6), (a)(7), and (a)(8); and ■ d. Adding a new paragraph (i). The revisions and additions read as follows: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 § 2550.80 entities? 46507 What are the duties of the State * * * * * (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 threeyear period, the beginning of which may be set by the State, that is consistent with the Corporation’s broad goals of meeting human, educational, environmental, and public safety needs and meets the following minimum requirements: * * * * * (5) The plan must ensure outreach to, and coordination with, municipalities and county governments regarding the national service laws. (6) The plan must provide for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws. (7) The plan must include measurable goals and outcomes for national service programs funded through the State consistent with the performance levels for national service programs. (8) The plan is subject to approval by the chief executive officer of the State. * * * * * (i) Supplemental State Service Plan for Adults Age 55 or Older. To be eligible to receive a grant or allotment under subtitles B or C of title I of the National and Community Service Act (42 U.S.C. 12501 et seq.), or to receive a distribution of approved national service positions under subtitle C of title I of that Act, a State must work with appropriate State agencies and private entities to develop a comprehensive State service plan for service by adults age 55 or older. This plan must: (1) Include the following elements: (i) Recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs; (ii) Recommendations to the State agency on aging (as defined in section 102 of the Older Americans Act of 1965, 42 U.S.C. 3002) on a marketing outreach plan to businesses and outreach to nonprofit organizations, the State educational agency, institutions of higher education, and other State agencies; (iii) Recommendations for civic engagement and multigenerational activities, including early childhood education and care, family literacy, and E:\FR\FM\10SER1.SGM 10SER1 46508 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations other after school programs, respite services for adults age 55 or older and caregivers, and transitions for older adults age 55 or older to purposeful work in their post-career lives; (2) Incorporate the current knowledge base regarding— (i) The economic impact of the roles of workers age 55 or older in the economy; (ii) The social impact of the roles of such workers in the community; (iii) The health and social benefits of active engagement for adults age 55 or older; and (3) Be made available to the public and transmitted to the Corporation. 40. Revise § 2550.110 to read as follows: ■ § 2550.110 What grants will be available from the Corporation to assist in establishing and operating a State Commission, Alternative Administrative Entity, or Transitional Entity? (a) Administrative Grants. The Corporation may make administrative grants to States in an amount no less than $250,000 and up to $1 million for the purpose of establishing or operating a State Commission or AAE; these grants will be available to States which have Corporation-approved Transitional Entities only if those States commit to establishing a Corporation-approved State Commission or AAE prior to the expiration of the transitional period. (b) Limitation on Federal share. Except as provided in paragraph (c) of this section, the amount of a grant that may be provided to a State under this subsection, together with other Federal funds available to establish or operate the State Commission or AAE, may not exceed 50 percent of the total cost to establish or operate the State Commission or AAE. (c) Alternative Match Schedule. The Corporation may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows: Grant amount Match requirement (1) First $100,000 ..................................................................... (2) Amounts above $100,000 but less than $250,000 ............ No match requirement. $1 of non-Federal funds for every $2 provided by the Corporation in excess of $100,000. $1 of non-Federal funds for every $1 provided by the Corporation in excess of $250,000. (3) Amounts greater than $250,000 ......................................... § 2551.42 What types of criminal convictions or other adjudications disqualify an individual from serving as a Senior Companion or as a Senior Companion grant-funded employee? PART 2551—SENIOR COMPANION PROGRAM 41. The authority citation for part 2551 continues to read as follows: ■ Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 12651b–12651d; E.O. 13331, 69 FR 9911. 42. Revise § 2551.11 to read as follows: ■ § 2551.11 What is the Senior Companion Program? The Senior Companion Program provides grants to qualified agencies and organizations for the dual purpose of engaging persons 55 and older, particularly those with limited incomes, in volunteer service to meet critical community needs; and to provide a high quality experience that will enrich the lives of the volunteers. Program funds are used to support Senior Companions in providing supportive, individualized services to help older adults with special needs maintain their dignity and independence. § 2551.23 [Amended] 43. Amend paragraph (f) of § 2551.23 by removing the term ‘‘§ 2551.45’’ and adding ‘‘2551.46’’ in its place. erowe on DSK5CLS3C1PROD with RULES ■ § 2551.41 [Amended] 44. Amend paragraph (a)(1) of § 2551.41 by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. ■ 45. Revise § 2551.42 to read as follows: ■ VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 Any individual who is registered, or who is required to be registered, on a State sex offender registry, or who has been convicted of murder, as defined under Federal law in section 1111 of title 18, United States Code, is deemed unsuitable for, and may not serve in, a position as a Senior Companion or as a Senior Companion grant-funded employee. 46. Amend § 2551.43 by revising paragraph (a) to read as follows: ■ § 2551.43 What income guidelines govern eligibility to serve as a stipended Senior Companion? (a) To receive a stipend, a Senior Companion may not have an annual income from all sources, after deducting allowable medical expenses, which exceeds the program’s income eligibility guideline for the State in which he or she resides. The income eligibility guideline for each State is 200 percent of the poverty line, as set forth in 42 U.S.C. 9902 (2). * * * * * § 2551.101 47. Amend § 2551.101 by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. Frm 00020 Fmt 4700 48. The authority citation for part 2552 continues to read as follows: ■ Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 12651b–12651d; E.O. 13331, 69 FR 9911. 49. Revise § 2552.11 to read as follows: ■ § 2552.11 What is the Foster Grandparent Program? The Foster Companion Program provides grants to qualified agencies and organizations for the dual purpose of engaging persons 55 and older, particularly those with limited incomes, in volunteer service to meet critical community needs; and to provide a high quality experience that will enrich the lives of the volunteers. Program funds are to be used to support Foster Grandparents in providing supportive, person to person service to children with exceptional needs, or in circumstances that limit their academic, social, or emotional development. ■ 50. Amend § 2552.23 by: ■ a. Revising paragraph (a); ■ b. In paragraph (f), removing the term ‘‘2552.45’’ and adding ‘‘2552.46’’ in its place. The revised text reads as follows: § 2552.23 What are a sponsor’s program responsibilities? [Amended] ■ PO 00000 PART 2552—FOSTER GRANDPARENT PROGRAM Sfmt 4700 * * * * * (a) Focus Foster Grandparent resources on providing supportive services and companionship to children with special and exceptional needs, or E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations § 2552.82 Under what circumstances may a Foster Grandparent continue to serve an individual beyond his or her 21st birthday? in circumstances that limit their academic, social, or emotional development within the project’s service area. * * * * * § 2552.41 * * * * * (b) In cases where the assigned Foster Grandparent becomes unavailable to serve a particular individual, the replacement of that Foster Grandparent shall be made through mutual agreement by all parties involved. * * * * * [Amended] 51. Amend § 2552.41(a)(1) by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. ■ 52. Revise § 2552.42 to read as follows: ■ § 2552.101 [Amended] 56. Amend § 2552.101 by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. ■ § 2552.42 What types of criminal convictions or other adjudications disqualify an individual from serving as a Foster Grandparent or as a Foster Grandparent grant-funded employee? Any individual who is registered, or who is required to be registered, on a State sex offender registry, or who has been convicted of murder, as defined under Federal law in section 1111 of title 18, United States Code, is deemed unsuitable for, and may not serve in, a position as a Foster Grandparent or as a Foster Grandparent grant-funded employee. ■ 53. Amend § 2552.43 by revising paragraph (a) to read as follows. § 2552.43 What income guidelines govern eligibility to serve as a stipended Foster Grandparent? PART 2553—RETIRED AND SENIOR VOLUNTEER PROGRAM 57. The authority citation for part 2553 continues to read as follows: ■ Authority: 42 U.S.C. 4950 et seq.; 58. Amend § 2553.25 by adding paragraph (i) to read as follows: ■ § 2553.25 What are a sponsor’s administrative responsibilities? * * * * * (i) Conduct criminal history checks on all grant-funded staff employed on or after October 1, 2009, in accordance with the requirements in 45 CFR 2540.200–207. Dated: September 2, 2009. Frank R. Trinity, General Counsel. [FR Doc. E9–21671 Filed 9–9–09; 8:45 am] § 2552.81 What type of Children are eligible to be served? erowe on DSK5CLS3C1PROD with RULES (a) To receive a stipend, a Foster Grandparent may not have an annual income from all sources, after deducting allowable medical expenses, which exceeds the program’s income eligibility guideline for the State in which he or she resides. The income eligibility guideline for each State is 200 percent of the poverty line, as set forth in 42 U.S.C. 9902 (2). * * * * * ■ 54. Revise § 2552.81 to read as follows: [Docket No. 040205043–4043–01] Foster Grandparents serve only children and youth with special and exceptional needs, or in circumstances that limit their academic, social, or emotional development, who are less than 21 years of age. ■ 55. Amend § 2552.82 by: ■ a. In paragraph (a) introductory text, by removing the term ‘‘mentally retarded child’’ and adding the term ‘‘child with a disability’’ in its place; ■ b Revising paragraph (b); and ■ c. In paragraph (c), by removing the term’’ mentally retarded child’’ and adding the term ‘‘child with a disability’’ in its place. Revised text reads as follows: VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–XR06 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; Closure of the July-December 2009 Commercial Fishery for Vermilion Snapper in the South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial fishery for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 46509 that the quota for the commercial fishery for vermilion snapper will have been reached by September 18, 2009. This closure is necessary to protect the vermilion snapper resource. DATES: Closure is effective 12:01 a.m., local time, September 18, 2009, through 11:59 p.m., local time, on December 31, 2009. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–824– 5305, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for vermilion snapper in the South Atlantic at 302,523 lb (137,222 kg) for the current fishing period, July 1 through December 31, 2009, as specified in 50 CFR 622.42(e)(4)(ii). Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined that the available commercial quota of 302,523 lb (137,222 kg) for vermilion snapper will be reached on or before September 18, 2009. Accordingly, NMFS is closing the commercial fishery for vermilion snapper in the South Atlantic EEZ from 12:01 a.m., local time, on September 18, 2009, through 11:59 p.m., local time, on December 31, 2009. The operator of a vessel with a valid commercial vessel permit for snapper-grouper having vermilion snapper onboard must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, September 18, 2009. During the closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1)(v) and (d)(2), respectively, apply to all harvest or possession of vermilion snapper in or from the South Atlantic EEZ, and the sale or purchase of vermilion snapper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of vermilion snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Rules and Regulations]
[Pages 46495-46509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21671]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 2510, 2516, 2519, 2520, 2522, 2540, 2550, 2551, 2552, 
and 2553

RIN 3045-AA50


Serve America Act Amendments to the National and Community 
Service Act of 1990 and the Domestic Volunteer Service Act of 1973

AGENCY: Corporation for National and Community Service.

ACTION: Interim final rule with request for comments.

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SUMMARY: On April 21, 2009, President Obama signed into law the Edward 
M. Kennedy Serve America Act (Serve America Act). The Serve America Act 
reauthorizes and expands national service programs administered by the 
Corporation for National and Community Service (``the Corporation'') by 
amending the National and Community Service Act of 1990 (NCSA) and the 
Domestic Volunteer Service Act of 1973 (DVSA). The Corporation 
publishes this interim final rule to implement time-sensitive changes 
that are required by the Serve America Act to take effect on October 1, 
2009. In addition to aligning statutory amendments with the NCSA and 
DVSA, the interim final rule reorders and renumbers certain parts of 
the existing regulations and expands the construction and use of 
defined terms.

DATES: This interim final rule is effective October 1, 2009. Comments 
must be received by November 9, 2009.

ADDRESSES: You may mail or deliver your comments to Amy Borgstrom, 
Docket Manager, 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, send them 
electronically to Rulemaking@cns.gov, submit comments through the 
Federal government's one-stop rulemaking Web site at http://www.regulations.gov, or submit comments on the Corporation's Web site 
at http://www.nationalservice.gov/serveact. 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 
document in an alternate format.

SUPPLEMENTARY INFORMATION: 

List of Topics

I. Notice and Comment
II. Background
III. Specifics of the Interim Final Rule
    A. Learn and Serve America
    School-Based Service-Learning Programs
    Higher Education Innovative Programs for Community Service
    B. AmeriCorps State and National
    Prohibited Member Activities
    Criminal History Check Requirements
    Length of and Extension to a Term of Service
    Release From a Term of Service for Compelling Personal 
Circumstances
    Tutoring Requirements
    State Commission Composition Requirements
    State Plan Requirements
    State Commission Administrative Grants
    C. Senior Corps
    D. General Provisions
    Parental Involvement
IV. Effective Dates
V. Rulemaking Analyses and Notices

I. Notice and Comment

    This interim final rule makes amendments to Chapter 25 of Title 45 
of the Code of Federal Regulations to align the regulations with the 
National and Community Service Act of 1990 and the Domestic Volunteer 
Service Act, as amended by the Edward M. Kennedy Serve America Act, 
Public Law 111-13. This rule implements only those provisions in the 
Serve America Act that are time-sensitive and that will have actual 
programmatic impact beginning October 1, 2009; subsequent rulemakings 
to implement other provisions in the Serve America Act will follow.
    This interim final rule will become effective without prior notice 
and comment. Notice and comment procedures are not required under the 
Administrative Procedure Act (APA) when the agency for good cause finds 
that notice and comment is impracticable, unnecessary, or contrary to 
the public interest (5 U.S.C. 553(b)(B)). The Corporation has 
determined that prior notice and comment would be impracticable under 
the circumstances. The APA's legislative history defines the term 
``impracticable'' as a situation in which the due and required 
execution of the agency functions would be unavoidably prevented by its 
undertaking public rulemaking proceedings (See S. Rep. No. 752, 79th 
Cong., 1st Sess. at 16 (1945)).
    The Corporation finds that public notice and comment before the 
issuance of this interim final rule would have been impracticable. The 
Serve America Act was enacted on April 21, 2009, with an effective date 
for most purposes of

[[Page 46496]]

October 1, 2009. Immediately upon enactment the Corporation began the 
process of evaluating the impact that the Serve America Act would have 
on existing regulations and programs. This required the Corporation to 
determine which amendments to the NCSA and DVSA required regulatory 
changes by the effective date in order for programs to comply with the 
law and which changes could be implemented at a later time. The 
regulatory changes in this interim final rule are those that are 
necessary for compliance with the law on the effective date. The 
process of analyzing the need for immediate changes to the regulations 
and preparing and publishing the interim final rule for timely 
implementation did not provide sufficient time for prior notice and 
comment.
    The Corporation invites all interested persons to submit written 
views, or other information on this interim final rule. Even though 
this interim final rule takes effect before the comment period closes, 
comments submitted in response to this notice will be given full 
consideration and will be addressed when the Corporation publishes 
final regulations for these interim regulations. To ensure that your 
comments have maximum value in helping us develop final regulations, we 
urge you to identify clearly the specific section or sections of the 
interim final regulations that each comment addresses and to arrange 
your comments in the same order as the interim final regulations. 
During and after the comment period, you may inspect all public 
comments about these interim final regulations by contacting the Docket 
Manager listed in this notice.
    For more information about commenting please visit our Web site at 
http://www.nationalservice.gov/ServeAct.

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

    On April 21, 2009, President Obama signed into law the Edward M. 
Kennedy Serve America Act (Serve America Act). The Serve America Act 
reauthorizes and expands national service programs administered by the 
Corporation by amending the NCSA and DVSA. The Corporation engages four 
million Americans in service each year, including approximately 75,000 
AmeriCorps members, 492,000 Senior Corps Volunteers, 1.1 million Learn 
and Serve America students, and 2.2 million additional community 
volunteers mobilized and managed through agency programs. This interim 
final rule is being published to implement time-sensitive changes to 
the Corporation's AmeriCorps State/National, Senior Corps, and Learn 
and Serve America program regulations. The changes are required as a 
result of amendments to the NCSA and DVSA by the Serve America Act, 
which takes effect for most purposes on October 1, 2009. Section 6101 
of the Serve America Act authorizes the Chief Executive Officer of the 
Corporation to issue such regulations as may be necessary to carry out 
the amendments required under the act. This action is intended to 
fulfill that responsibility. Amendments mandated by the Serve America 
Act that do not require immediate regulatory action will be implemented 
through other means including future proposed rulemaking with notice 
and the opportunity for comment. Among other things, the interim final 
rule renumbers certain parts of the existing regulations, removes 
regulations for programs that will no longer be authorized, and expands 
the construction and use of defined terms as required by the Serve 
America Act amendments. An overview of specific changes for each 
program is set out below.

III. Specifics of the Interim Final Rule

(A) Learn and Serve America

School-Based Service-Learning Programs
    Section 1201 of the Serve America Act makes amendments to the 
Corporation's service-learning programs under Subtitle B (Learn and 
Serve America) of Title I of the NCSA, as reflected below. References 
to section numbers of Subtitle B in the following discussion are to the 
revised section numbers reflected in the Serve America Act. References 
to the regulations are to the appropriate sections of 45 CFR Part 2516.
Definitions (Sec.  2510.20)
    Section 1102 of the Serve America Act amends the NCSA at Sec.  101 
to add a definition for community-based entity, which is now an 
eligible entity for certain types of direct and subgrant school-based 
funding. The interim final rule adds this definition to 45 CFR 2510.20.
Purpose for School-Based Service-Learning Programs (Sec.  2516.100)
    The Serve America Act amends the NCSA at section 111 by including, 
for the first time, a purpose provision for school-based service-
learning programs. This purpose provision is incorporated into the 
regulations verbatim. This change reassigns Sec.  2516.100 to the new 
purpose provision and reassigns prior Sec. Sec.  2616.100 through 110 
as Sec. Sec.  2616.110-120.
Eligible Applicants for Direct Grants (Sec.  2516.110)
    The Serve America Act amends the NCSA at section 112 by revising 
the types of entities that are eligible applicants for a direct school-
based grant from the Corporation. Accordingly, paragraph (a)(1) is 
amended to reflect that for funding eligibility purposes an SEA means a 
State Educational Agency (SEA) or SEA-designated statewide entity 
(which may be a community-based entity). Paragraph (a)(3) is amended to 
remove grantmaking entity as an eligible direct recipient; and to 
reflect that a community-based entity is now eligible for funding to 
conduct activities in a nonparticipating State or Indian Tribe. Note, 
however, that a grantmaking entity meeting the definition of a 
community-based entity may qualify as an SEA-designated statewide 
entity. Previous paragraph (a)(4) regarding the eligibility that a 
local educational agencies (LEA) or LEA partnerships may apply for 
direct funding has been removed.
Eligible Applicants for Subgrants (Sec.  2516.120)
    Under the Serve America Act amendments (NCSA Sec.  112(a), 113(b)), 
the list of entities for eligible to receive distributions of school-
based funds from a direct grantee was changed in several ways. Most 
notably, in addition to LEAs and qualified organizations, for-profit 
businesses, private elementary and secondary schools, and institutions 
of higher education are eligible for support from a State or Indian 
Tribe for planning and capacity building. Additionally, a community-
based entity will be eligible to make subgrants when it is a direct 
grantee of the Corporation. Since grantmaking entities no longer are 
eligible for direct funding, the reference to them as a distributor of 
subgrants in Sec.  2516.120 (formerly Sec.  2516.110) is amended to 
reflect this change.
    Another change made by the Serve America Act amendment of the NCSA 
at

[[Page 46497]]

section 112(a)(2)(B)(ii) is the provision that when an Indian Tribe, as 
a direct recipient, distributes school-based funds to support a local 
partnership's costs for implementing, operating or expanding school-
based service learning projects, that Tribe is not eligible to be part 
of the partnership operating that project. Similarly, under section 
112(a)(4) when an Indian Tribe is a direct recipient, it is not 
eligible to receive funds it distributes to support the implementation, 
operation or expansion of an adult volunteer service-learning program.
    Finally, the Serve America Act permits States and Indian Tribes to 
support eligible entities in carrying out civic engagement activities, 
so this is now reflected in Sec.  2516.120.
Use of Grant Funds (Sec.  2516.200)
    Section 112(a) of NCSA as amended by the Serve America Act 
authorizes school-based funds to be used to support five types of 
service-learning programs: (1) Planning and capacity-building for 
States and Indian Tribes; (2) implementing, operating, and expanding 
school-based service-learning programs; (3) planning of school-based 
service-leaning programs through distributions to LEAs and Indian 
Tribes; (4) implementing, operating, or expanding adult volunteer 
programs; and (5) developing civic engagement service-learning 
programs. The amendments expand the authorized use of school-based fund 
in several ways. In addition to the authorized activities set out in 
the previous version of this rule, the interim final rule under Sec.  
2516.200(a)(2)(vi) permits recipients to use funds for planning and 
capacity building activities associated with establishing effective 
outreach and dissemination to ensure the broadest possible 
participation of schools throughout a State, with special emphasis on 
schools that are not making adequate progress under section 111 of the 
Elementary and Secondary Education Act of 1965. Under the same 
subsection at (a)(2)(ii), the development of service-learning curricula 
must be consistent with State or local academic content standards. LEA 
planning grant authority under Sec.  2516.200(c)(3)(ii) is expanded to 
now permit recipients to pay the cost of recruiting, training, 
supervising, and placing service-learning coordinators who may be, but 
are not required to be, AmeriCorps VISTA members or participants in a 
Youthbuild program. The prior rule only allowed such support for 
AmeriCorps State/National members serving as service-learning 
coordinators. Consistent with the Serve America Act, grantees may use 
funds to support civic engagement programs as described in Sec.  
2516.200(f).
Waiver for Private School Participants (Sec.  2516.310)
    Section 115(a) of the NCSA as amended by the Serve America Act 
requires school-based State, territory, and Indian Tribe grantees to 
provide for the inclusion of services and arrangements for the 
equitable participation of private school students and private school 
teachers in supported programs. Under Sec.  115(b), the Corporation's 
Chief Executive Officer may waive the requirement to include private 
school participants if a grantee is prohibited by law from providing 
for their participation. Essentially the same waiver provision existed 
under the NCSA at Sec.  115A(b) prior to passage of the Serve America 
Act. However, the Serve America Act removes the requirement that waiver 
procedures be consistent with ``the consultation, withholding, notice 
and judicial review requirements'' [of the Elementary and Secondary Act 
of 1965]. Therefore, the regulation is amended to remove the quoted 
waiver procedure language by removing subsection (b)(2).
Contents of a Direct Grant Application From a State or Indian Tribe 
(Sec.  2516.400)
    Section 1612 of the Serve America Act, adds section 189D to the 
NCSA. The criminal history check requirement of section 189D applies to 
all individuals receiving a living allowance, stipend, national service 
educational award, or salary through a program receiving assistance 
under the national service laws, regardless of the type of service the 
individual is performing or the individual's access to vulnerable 
populations. Section 189D also provides that an individual convicted of 
murder, as described in section 1111 of title 18, United States Code, 
is ineligible to serve in a national service position. The criminal 
history check standards are set out in the regulations at 45 CFR Part 
2540. Thus, in addition to the other assurances that applicants must 
make, compliance with the criminal history check requirements under 
Part 2540, which take effect October 1, 2009, has been added to Sec.  
2516.400(c)(2) and 2516.410(c)(4).
    For more information on criminal history checks, please visit the 
Corporation's Web site at http://www.nationalservice.gov/for_organizations/manage/history_checks.asp.
Contents of a Direct Grant Application From a Community-Based Entity 
(Sec.  2516.410)
    Consistent with amendments to the NCSA at section 113, this section 
of the regulation is amended to replace grantmaking entity with 
community-based entity and to remove references to LEAs and local 
partnerships, which may no longer apply for grants directly from the 
Corporation except as an SEA-designated entity in lieu of an SEA. 
Additionally, as discussed in the previous paragraph, Sec.  
2516.410(c)(4) is amended to require applicants for direct funding as a 
community-based entity to make as assurance that it will comply with 
the criminal history check requirements of 45 CFR Part 2540.
Contents of a Subgrant (Sec.  2516.420)
    Like Sec.  2516.410, this section is amended by replacing the term 
grantmaking entity with community-based entity, thereby making it 
consistent with the Serve America Act's NCSA amendments regarding the 
type of entities now eligible for direct funding, which in turn will 
make subgrants.
Application Review Criteria for Direct Grants (Sec.  2516.500)
    As is the case in other sections of Part 2516, this section 
replaces the term grantmaking entity with community-based entity at 
(a)(3)(i). In that same paragraph a technical amendment is made by 
changing the reference to the State Plan from Sec.  2550.80(a) to 
section 2513. Added to the list of priorities in reviewing proposals is 
the phrase serving economically disadvantaged youth at (b)(2), thereby 
making this priority consistent with the amendment to the priorities 
set out in the Serve America Act's NCSA amendment at section 114.
Application Review Criteria for Subgrants (Sec.  2516.520)
    Consistent with the Serve America Act, this section is amended by 
replacing the term grantmaking entity with community-based entity.
Distribution of Funds (Sec.  2516.600)
    The Serve America Act makes several major changes to the NCSA at 
section 112A that affect this section of the regulations. For the first 
time, the Corporation is required to reserve a minimum of school-based 
funding for Indian Tribes and U.S. Territories. Previously, the 
Corporation was required to reserve ``not more than 3 percent,'' but 
there was no minimum amount that had to be reserved. The Serve America 
Act amendments now

[[Page 46498]]

require that ``not less than 2 percent and not more than 3 percent'' be 
reserved for Indian Tribes and U.S. territories. This change is now 
reflected in paragraph (a) of the regulation.
    The competitive school-based program has been eliminated. Therefore 
reference to the 25 percent set-aside for the program has been deleted 
from paragraph (b)(1). Paragraph (b)(1) has been reassigned to the 
formula allotments to the States. The allotment percentage has been 
raised in the NCSA amendments from 37.5 percent to 50 percent for the 
number of school-age youth in a State that bears to the total number of 
school-age youth in all States and for the amount a State will receive 
based on the ratio of the State's prior fiscal year allocation under 
Chapter 1 of Title I of the Elementary and Secondary Education Act of 
1965. The Serve America Act amendments provide that if Learn and Serve 
America funding exceeds $50 million in any fiscal year, the minimum 
allotted to each State will be $75,000. The prior minimum funding 
amount was based on fiscal year 1993 funding, supplemented by State 
competitive funds. These minimum funding changes are reflected in 
(b)(iii). Paragraph (c) is amended to add community-based entity in 
place of local partnerships or LEAs for the type of entity eligible for 
funding in a nonparticipating State, as provided in the Serve America 
Act. Lastly, paragraph (d) of the regulation referencing competitive 
funding if less than $20 million is appropriated has been removed in 
conformity with the Serve America Act.
Match Requirements (Sec.  2516.700)
    The amendments to the NCSA at section 116 lower the Corporation's 
share available for school-based programs. The Corporation's share in 
the first year is decreased to 80 percent. In the second year it is 
decreased to sixty-five percent and for the third and any subsequent 
years, it is set at fifty percent. These changes are now reflected in 
paragraph (a) of the regulation. The Serve America Act amendments 
preclude the use as match of funding from Title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), 
unless waived by the Corporation based on lack of available resources 
at the local level. This change is reflected in paragraph (b).
Limits on Administrative Costs & Capacity (Sec.  2516.710)
    The amendments to the NCSA at section 117 raise the amount of 
funding that may be used to pay for administrative costs from five 
percent to a maximum of six percent. This change is reflected in 
paragraph (a), where appropriate. The amendments also remove the 
requirement that recipients spend 10 to 15 percent of funding on 
capacity building. Therefore, this requirement has been removed from 
the regulation.
Higher Education Innovative Programs for Community Service
    Section 1202 of the Serve America Act makes amendments to the 
Corporation's Higher Education program. References to section numbers 
of Subtitle B of the NCSA in the following discussion are to the 
revised section numbers reflected in the Serve America Act. References 
to the regulations are to the appropriate sections of 45 CFR Part 2519.
Federal Work-Study Requirement (Sec.  2519.120)
    The interim final rule adds Sec.  2519.120, which requires 
recipients to meet minimum Federal Work-Study standards as provided in 
section 119(g) of the NCSA as amended by the Serve America Act. 
Specifically, the Serve America Act amendments provide that an 
institution of higher education, to be eligible for NCSA funding, must 
demonstrate that it meets the minimum requirements under the Higher 
Education Act of 1965 (443(b)(2)(A); 42 U.S.C. 2753(b)(2)(A)) relating 
to the participation of Federal Work-Study students employed under part 
C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et 
seq.) in community service activities or has received a waiver of those 
requirements from the Secretary of Education. The current minimum 
requirement under section 443(b)(2)(A) of the Higher Education Act 
provides that an institution must use at least 7 percent of the total 
amount of funds granted to it under the Federal Work-Study program to 
support students engaged in community service.
Contents of a Grant Application (Sec.  2519.400)
    As is the case with all other Corporation national service 
programs, the Serve America Act amendments now apply the criminal 
history check provisions of section 189D of the NCSA to the Higher 
Education Program. The criminal history check standards are set out in 
45 CFR Part 2540. Thus, in addition to the other assurances that 
applicants must make, compliance with the criminal history check 
requirements under Part 2540, which take effect October 1, 2009, has 
been added to Sec.  2519.400(b)(2).
Application Review Criteria (Sec.  2519.500)
    The Serve America Act amendments (NCSA section 119(f)) include 
several revised or additional application review criteria that are 
reflected in paragraphs (b)(4), (5), (6), (7), and (10) of this 
section. These include consideration of an applicant's description of a 
partnership that will participate in, among previously acceptable 
activities, providing service in or involving low-income communities 
and a department of the institution, or a group of faculty comprised of 
different departments, schools, or colleges at an institution. Other 
new review criteria include demonstrating the extent to which a 
proposal will contribute to the goals of involved community members and 
a commitment to performing projects in underserved communities, methods 
for improving service, and a description of needs that proposed 
projects are intended to address.
Acceptable Match (Sec.  2519.700)
    The interim final rule, in accordance with the Serve America Act 
amendments (NCSA Sec.  119(c)(1)), adds a descriptive phrase regarding 
match by clarifying that private funds or donated services are 
acceptable as local match.
Limits on Administrative Costs (Sec.  2519.710)
    Amendments to the NCSA at Sec.  117 increase the amount of funding 
that may be used to pay for administrative costs from five percent to a 
maximum of six percent for school-based programs. A similar amendment 
for the Higher Education Program is reflected in this section.

(B) AmeriCorps State and National

    The Serve America Act lists as an effective date October 1, 2009. 
For this rule, we have identified those provisions in that Act that 
will require grantees to amend their practices beginning October 1, 
2009 that conflict with a provision in current AmeriCorps regulations. 
The rule includes amendments to the list of prohibited member 
activities, criminal history check requirements, definitions for terms 
of service, documentation requirements for a release for compelling 
personal circumstances, requirements for tutors and tutoring programs, 
and State Commission administrative grant range and match

[[Page 46499]]

requirements, composition requirements, and State Plan requirements. 
There are many provisions in the Act that will be implemented in later 
rulemakings; this rule is primarily to eliminate conflict between the 
law and the regulations for those provisions that will have an 
immediate impact on grantee operations.
Prohibited Member Activities (Sec.  2520.65)
    The Serve America Act adds a new section 132A to the NCSA, 
codifying the Corporation's longstanding list of activities in which 
AmeriCorps members may not engage during AmeriCorps service hours. In 
addition to those activities the Corporation already prohibits (found 
in current Sec.  2520.65) the SAA prohibits AmeriCorps members from 
``[p]roviding abortion services or referrals for receipt of such 
services.'' This interim final rule amends Sec.  2520.65 to include a 
prohibition on providing abortion services or referrals for receipt of 
such services during AmeriCorps member service hours. No member, 
including currently serving members, may engage in this newly added 
prohibited activity during AmeriCorps service hours on or after October 
1, 2009.
Criminal History Check Requirements (Sec. Sec.  2522.205-207, 2540.200-
207)
    Section 1612 of the Serve America Act, adds a new section 189D to 
the NCSA, codifying existing AmeriCorps criminal history check 
requirements, with two significant changes. First, section 189D expands 
coverage to all individuals receiving ``a living allowance, stipend, 
national service educational award, or salary through a program 
receiving assistance under the national service laws''--regardless of 
the type of service the individual is performing or the individual's 
access to vulnerable populations. Previously, the criminal history 
check outlined in our regulations in Part 2540 was required only for 
individuals with recurring access to vulnerable populations.
    Second, section 189D states that an ``individual shall be 
ineligible to serve in a [covered position] if such individual * * * 
has been convicted of murder, as described in section 1111 of title 18, 
United States Code.'' This is in addition to the current suitability 
criteria rendering ineligible individuals who are registered, or 
required to be registered, on a State sex offender registry. This 
interim rule amends Sec. Sec.  2522.205-207 and Sec. Sec.  2540.200-201 
to align with these changes to the statute. Programs must amend their 
criminal history check practices to comply with these changes for any 
individual who will receive a living allowance, stipend, education 
award, or salary through the program hired or enrolled in a program on 
or after October 1, 2009. Programs are not required to apply these 
changes to individuals hired or enrolled prior to that date. For more 
information on criminal history check requirements, please visit the 
Corporation's Web site at http://www.nationalservice.gov/for_organizations/manage/history_checks.asp.
    The Serve America Act also includes a provision which would require 
FBI fingerprint checks for individuals working with vulnerable 
populations. This provision goes into effect two years after the date 
of enactment of the Serve America Act, and will be implemented in a 
later rulemaking.
Length of and Extension to a Term of Service (Sec. Sec.  2522.220, 
2522.240)
    The Serve America Act amends section 139 of the NCSA by making two 
significant changes to the definition of terms of service: (1) It 
removes the limitation that a full-time term of service must be served 
over a period of at least nine months; and (2) it sets the maximum 
length of a part-time term of service at two years, conforming with 
current practice. This rule amends Sec.  2522.220(a) to align the 
definitions of full-time and part-time terms of service with the new 
statutory definitions. Under this rule, a full-time term of service is 
defined as 1,700 hours of service over a period of not more than one 
year, and a part-time term of service is defined as 900 hours of 
service during a period of not more than two years.
    While it is no longer necessary for a full-time term to cover a 
period of at least nine months, our grant provisions still require that 
grantees ``ensure that each member has sufficient opportunity to 
complete the required number of hours to qualify for their education 
award.'' (2009 AmeriCorps Grant Provisions, IV.C.5). Further, ``[in] 
planning for the member's term of service, the grantee must account for 
holidays and other time off, and must provide each member with 
sufficient opportunity to make up missed hours.'' (2009 AmeriCorps 
Grant Provisions, IV.D.1). A grantee that imposes unreasonable service 
hour requirements on an AmeriCorps member may be considered to be non-
compliant with these provisions. The new definitions for terms of 
service will go into effect for any member enrolling on or after 
October 1, 2009.
    The Serve America Act also amends section 139 to provide an 
exception to the limit on the length of a term of service for disaster 
purposes. The Act states that ``an individual in an approved national 
service position performing service directly related to disaster relief 
efforts may continue in a term of service for a period of 90 days 
beyond the period otherwise specified.'' The Act specifies that ``a 
period of service performed by an individual in an originally-agreed to 
term of service and service performed [during an extension for disaster 
purposes] shall constitute a single term of service.'' Further, while 
the Act permits a program to continue to provide a member with a living 
allowance and other benefits during an extension for disaster purposes, 
the member would not be eligible for any additional education award 
beyond what would be received for the originally agreed-upon term of 
service. In other words, an AmeriCorps member serving in a full-time 
position whose term of service was extended to respond to a natural 
disaster would be eligible for an education award of equivalent value 
to a member whose term was not extended. This rule amends Sec.  
2522.220 to provide for an extension to a term of service for disaster 
purposes, and amends Sec.  2522.240 to provide for the receipt of a 
living allowance and other benefits during an extension. Any program 
wishing to extend a member's term of service for disaster relief 
purposes must first obtain permission from the Corporation.
Release From a Term of Service for Compelling Personal Circumstances 
(Sec.  2522.230)
    The amendments to the NCSA at section 139 include a change to how a 
release for compelling personal circumstances is documented. Under the 
amended section, the program has the responsibility for determining 
whether an individual should be released for compelling personal 
circumstances, and is responsible for certifying the individual's 
eligibility for a pro-rated educational award; the program is no longer 
required to obtain or maintain documentation of the member's 
demonstration of compelling personal circumstances. This interim rule 
amends Sec.  2522.230 to align with the changes to the statute. 
Programs will still be required to keep documentation of the basis for 
their determination that compelling personal circumstances prevented 
the participant from completing a term of service (Sec.  
2522.230(a)(4)).

[[Page 46500]]

    To be released for compelling personal circumstances under the 
amended section, the individual must have ``otherwise performed 
satisfactorily and [have] completed at least 15 percent of the term of 
service''. While the Serve America Act changes current practice by 
limiting releases for compelling personal circumstances to those 
members who have served at least 15 percent of a term of service, this 
change in characterization of the release will not impact an 
individual's eligibility to serve an additional term or to receive an 
education award. Under current rules, an individual's eligibility for a 
subsequent term of service is not affected by release for cause so long 
as the individual received a satisfactory end-of-term performance 
review (Sec.  2522.230(b)(6)). Further, under current rules an 
individual released for compelling personal circumstances must have 
served at least 15 percent of a term of service to be eligible to 
receive a pro-rated education award (Sec.  2526.20(a)). To illustrate, 
the following table shows the impact of releases prior to serving 15% 
under current rules:

------------------------------------------------------------------------
                                                         Eligible for
  Reason for release prior to        Eligible for     subsequent term of
          serving 15%              education award?         service?
------------------------------------------------------------------------
For Cause--For reasons of        No.................  No.
 misconduct.
For Cause--For reasons other     No.................  Yes.
 than misconduct.
For Compelling Personal          No.................  Yes.
 Circumstances.
------------------------------------------------------------------------

    As illustrated above, considering all releases for reasons other 
than misconduct--including those reasons a program may consider 
``compelling''--has no impact on a member's eligibility to earn an 
education award or serve a subsequent term of service.
Tutoring Requirements (Sec. Sec.  2522.910, 930, 940)
    The Serve America Act amends section 122 of the NCSA to codify the 
Corporation's existing regulatory requirements for AmeriCorps tutoring 
programs, with two significant differences. First, amended section 
122(h) requires that an AmeriCorps tutoring program certify that an 
individual serving as a tutor, except for ``an individual serving in an 
approved national service position who is enrolled in an elementary or 
secondary school and is providing tutoring services through a 
structured, school-managed cross-grade tutoring program,'' have 
``obtained their high school diploma.'' Previously, our rules have 
permitted an individual who has not received a high school diploma the 
option of passing a proficiency test in order to serve as a tutor; 
amended section 122(h) removes this option. For the purposes of this 
requirement, ``high school diploma'' can be understood to mean a high 
school diploma or its equivalent.
    Second, amended section 122(h) requires that AmeriCorps tutoring 
programs ``offer a curriculum that is high quality, research-based, and 
consistent with the State academic standards required by section 1111 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) 
and the instructional program of the local educational agency.'' 
Previously, our rules have permitted programs to offer a curriculum 
that is consistent with the State academic standards or the 
instructional program of the local educational agency; this change will 
require that the curricula be consistent with both.
    This interim final rule aligns the regulatory requirements in 
Sec. Sec.  2522.910, 930, and 940 with those in the amended statute. 
Tutoring programs must ensure that all members enrolling after October 
1, 2009, have earned a high school diploma or its equivalent. All 
tutoring programs beginning after October 1, 2009, must design their 
curriculum to be consistent with both the State academic standards and 
the instructional program of the local educational agency.
State Commission Composition Requirements (Sec.  2550.50)
    Section 178 of the NCSA, as amended by the Serve America Act, adds 
to the list of required voting members of a State Commission a 
``representative of the volunteer sector.'' This rule amends the list 
of required voting members of a State Commission in Sec.  2550.50 to 
align with the statute.
    In addition, amended section 178 no longer permits States to allow 
the ex-officio member of the Commission designated by the Corporation 
as a representative to be a voting member. This rule amends Sec.  
2550.80 to align with the statute and longstanding Corporation 
guidance.
State Plan Requirements (Sec.  2550.80)
    The Serve America Act amends the duties of State Commissions listed 
in section 178 of the NCSA by expanding the required components of the 
State Plan and adding a new requirement for a State Service Plan for 
adults age 55 and older.

State Plans

    Under amended section 178, the State Plan must provide for 
``effective coordination of funding applications submitted by the State 
and other organizations within the State under the national service 
laws,'' must ``include measurable goals and outcomes for the State 
national service programs in the State consistent with the performance 
levels for national service programs as described in section 179(k),'' 
must ``ensure outreach to, and coordination with, municipalities 
(including large cities) and county governments regarding the national 
service laws,'' and is ``subject to approval by the chief executive 
officer of the State.''
    This rule amends Sec.  2550.80(a) to align with the new 
requirements for State Plans in the NCSA. The Corporation understands 
that different States have different schedules for their State plans, 
meaning that while one State may be in the third year of its three-year 
plan, another State may be beginning its first year. Further, we 
understand that many of the new components in the State Plan rely upon 
elements of the Serve America Act that have not yet been implemented, 
such as the program performance levels required in section 179(k) of 
the NCSA that will not begin to be used with State and National 
operational grants until the 2010 funding cycle. The Serve America Act 
makes an additional amendment to the description of the State Plan by 
describing it as covering a three-year period, ``the beginning of which 
may be set by the State.'' Therefore, when a State Commission is 
preparing to develop its next three-year plan, it must incorporate 
these new elements. This will give States time to consider other 
changes resulting from implementation of the Serve America Act and 
enable

[[Page 46501]]

States to develop a plan befitting their particular needs and timeline.

Supplemental State Plan for Adults Age 55 or Older

    Amended section 178 also adds a requirement for a ``State Service 
Plan for Adults Age 55 or Older'' (hereinafter ``Supplemental State 
Plan for Adults Age 55 or Older'', or ``Supplemental Plan''). While 
there will likely be overlap between the two plans, this plan is 
distinct from the State Plan in two significant ways beyond the plans' 
required content. First, unlike the State Plan, States are required to 
have a Supplemental Plan in order to be eligible to receive any funds 
under Subtitles B and C of title I of the NCSA--including funding for 
Learn and Serve programs, AmeriCorps programs, disability placement 
funds, and administrative grants. Second, unlike the State Plan, there 
is no statutory requirement for a time period the Supplemental Plan 
must cover, nor is there a requirement to update this new plan on an 
annual basis. In order to ensure that all States are eligible to 
receive Subtitle B and C funding in the coming year, the required 
components of the Supplemental Plan have already been incorporated in 
the application instructions for Admin/PDAT/Disability applications due 
this Fall. States may choose to periodically update the Supplemental 
Plan along with their State Plans.
    This rule adds development of a Supplemental State Plan for Adults 
Age 55 or Older to the list of duties of State Commissions in Sec.  
2550.80 to align the list with the statute. As stated in the rule and 
in the Admin/PDAT/Disability instructions, these plans must:
    (1) Include recommendations for policies to increase service for 
adults age 55 or older, including how to best use such adults as 
sources of social capital, and how to utilize their skills and 
experience to address community needs;
    (2) Include recommendations to the State agency on aging (as 
defined in section 102 of the Older Americans Act of 1965, 42 U.S.C. 
3002) on a marketing outreach plan to businesses and outreach to 
nonprofit organizations, the State educational agency, institutions of 
higher education, and other State agencies;
    (3) Include recommendations for civic engagement and 
multigenerational activities, including early childhood education and 
care, family literacy, and other after school programs, respite 
services for adults age 55 or older and caregivers, and transitions for 
older adults age 55 or older to purposeful work in their post-career 
lives; and
    (4) Incorporate the current knowledge base regarding the economic 
impact of the roles of workers age 55 or older in the economy, the 
social impact of the roles of such workers in the community, the health 
and social benefits of active engagement for adults age 55 or older.
    The plans, once developed, must be made available to the public.
State Commission Administrative Grants (Sec.  2550.110)

Amount of Administrative Grants

    The Serve America Act amends section 126 of the NCSA, the section 
authorizing administrative grants to State Commissions for the purpose 
of establishing or operating the Commission. Under amended section 126, 
the range of administrative grants has been increased from $125,000-
$750,000 to $250,000 up to $1 million. This rule amends Sec.  
2550.110(a) to reflect the new range. Please note that the minimum 
administrative grant amount of $250,000 will not be in effect until a 
fiscal year 2010 Appropriations Bill is enacted. Please also note that 
the $1,000,000 is an ``up to'' amount, and the Corporation will 
exercise its discretion based on availability of funds, as to the 
amount awarded to larger States.

Administrative Grant Matching Requirements

    Amended section 126 requires States to ``provide matching funds 
from non-Federal sources of not less than $1 for every $1 provided by 
the Corporation'' in the administrative grant. For the first time, this 
amended section will allow the Corporation to waive the match 
requirement for State Commissions that demonstrate hardship or for new 
State Commissions.
    Upon receipt of such a waiver, the Commission will use the 
following match schedule, as outlined in amended section 126:

------------------------------------------------------------------------
              Grant amount                      Match requirement
------------------------------------------------------------------------
(1) First $100,000.....................  No match requirement.
(2) Amounts above $100,000 but less      $1 of non-Federal funds for
 than $250,000.                           every $2 provided by the
                                          Corporation in excess of
                                          $100,000.
(3) Amounts greater than $250,000......  $1 of non-Federal funds for
                                          every $1 provided by the
                                          Corporation in excess of
                                          $250,000.
------------------------------------------------------------------------

    For example, a Commission receiving an administrative grant amount 
of $300,000 who has received a waiver would have a match requirement of 
$125,000:

 
 
 
         $0  (for the first $100,000).
  + $75,000  (for the amount between $101,000 and $250,000 (or .5 x
              $150,000)).
  + $50,000  (for the amount between $251,000 and $300,000 (or 1 x
              $50,000)).
------------
   $125,000
 

    Please note that match waivers authorized under amended section 126 
will not be available until an FY 2010 Appropriations Bill has been 
enacted.

(C) Senior Corps

    The Serve America Act amends sections 200, 211, and 213(a) of the 
Domestic Volunteer Service Act of 1973 (DVSA) by lowering the age of 
eligibility for participation in the Senior Companion and Foster 
Grandparent Programs from 60 to 55. The Act also includes more 
expansive language that will permit Foster Grandparents to serve 
children whose circumstances limit their academic, social, or emotional 
development, as well as provide supportive services and companionship 
to children with special or exceptional needs.
    The Serve America Act also adds a conviction for the offense of 
murder, as defined under Federal law in section 1111 of title 18, 
United States Code, as an offense disqualifying an individual from 
serving as a Senior Companion, Foster Grandparent, or as a grant-funded 
employee of the Senior Companion, Foster Grandparent, or the Retired 
and Senior Volunteer Program. Programs must amend their criminal 
history check procedures to comply with the new criteria for all staff 
and volunteers selected on or after October 1, 2009. For more 
information on criminal history check requirements, please visit the

[[Page 46502]]

Corporation's Web site at http://www.nationalservice.gov/for_organizations/manage/history_checks.asp.
    The Serve America Act amends section 211 of the DVSA to raise the 
income eligibility guidelines for Senior Companion and Foster 
Grandparent volunteers to 200 percent of the poverty line, as set forth 
in 42 U.S.C. 9902(2). This interim rule amends the applicable sections 
of the Senior Corps regulations, which address the above issues, to 
align them with the new statutory requirements of the Serve America 
Act.
    Finally, the Serve America Act also amends the DVSA by requiring 
the Corporation to develop a competitive process for issuing grants for 
the Retired and Service Volunteer Program beginning in 2013. This 
process will be addressed in future Corporation rulemaking.

(D) General Provisions

Parental Involvement (Sec.  2540.330)
    The Serve America Act amends section 177 of the NCSA to add a 
requirement that all recipients of funds under the national service 
laws that intend to operate programs that include and serve children 
must ``consult with the parents or legal guardians of children in 
developing and operating'' those programs. Further, the Act adds a 
requirement that any recipient of funds under the national service laws 
must, ``before transporting minor children, provide the children's 
parents with the reason for the transportation and obtain the parents' 
permission for such transportation, consistent with State law.''
    This interim rule adds these requirements in a new Sec.  2540.330. 
Learn and Serve America, VISTA, Senior Corps, and AmeriCorps State and 
National programs beginning after October 1, 2009, that will include or 
serve children must include in their program design an opportunity to 
consult with parents of the children included or served. All programs 
that transport children, including existing programs, must provide the 
children's parents or legal guardians with the reason for 
transportation and obtain a parent's or legal guardian's permission for 
the transportation beginning on October 1, 2009.

IV. Effective Dates

    This interim final rule will take effect October 13, 2009.

V. Rulemaking Analyses and Notices

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

    This rule contains no information collection requirements and is 
therefore not subject to the requirements of the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3501 et seq.).
    For purposes of Title II of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this 
regulatory action does not contain any Federal mandate that may result 
in increased expenditures in either Federal, State, local, or Tribal 
governments in the aggregate, or impose an annual burden exceeding $100 
million on the private sector.

List of Subjects

45 CFR Part 2510

    Grant programs--social programs, Volunteers.

45 CFR Part 2516

    Grants administration, Grant programs--social programs.

45 CFR Part 2519

    Grants administration, Grant programs--social programs.

45 CFR Part 2520

    Grant programs--social programs, Volunteers.

45 CFR Part 2522

    Grants administration, Grant programs--social programs, Volunteers.

45 CFR Part 2540

    Civil rights, Fraud, Grants administration, Grant programs--social 
programs, Trademarks--signs and symbols, Trust, Volunteers.

45 CFR Part 2550

    Grants administration, Grant programs--social programs.

45 CFR Part 2551

    Aged, Grant programs--social programs, Reporting and recordkeeping 
requirements, Volunteers.

45 CFR Part 2552

    Aged, Grant programs--social programs, Reporting and recordkeeping 
requirements, Volunteers.

45 CFR Part 2553

    Aged, Grant programs--social programs, Reporting and recordkeeping 
requirements, Volunteers.

0
For the reasons stated in the preamble, under the authority of 42 
U.S.C. 12651d, the Corporation for National and Community Service 
amends chapter XXV, title 45 of the Code of Federal Regulations as 
follows:

PART 2510--OVERALL PURPOSES AND DEFINITIONS

0
1. The authority citation for part 2510 is revised to read as follows:


    Authority: 42 U.S.C. 12511.

0
2. Amend Sec.  2510.20 by adding the definition of ``community-based 
entity'' to read as follows:


Sec.  2510.20  Definitions.

* * * * *
    Community-based entity. The term community-based entity means a 
public or private nonprofit organization that--
    (1) Has experience with meeting unmet human, educational, 
environmental, or public safety needs; and
    (2) Meets other such criteria as the Chief Executive Officer may 
establish.
* * * * *

PART 2516--SCHOOL-BASED SERVICE-LEARNING PROGRAMS

0
3. The authority citation for part 2516 is revised to read as follows:

    Authority: 42 U.S.C. 12521-12529; 42 U.S.C. 12645g.


0
4. Revise Subpart A to read as follows:
Subpart A--Eligibility To Apply
Sec.
2516.100 What is the purpose of school-based service-learning 
programs?
2516.110 Who may apply for a direct grant from the Corporation?
2516.120 Who may apply for funding a subgrant?

[[Page 46503]]

Subpart A--Eligibility To Apply


Sec.  2516.100  What is the purpose of school-based service-learning 
programs?

    The purpose of school-based service-learning programs is to promote 
service-learning as a strategy to support high-quality service-learning 
projects that engage students in meeting community needs with 
demonstrable results, while enhancing students' academic and civic 
learning; and support efforts to build institutional capacity, 
including the training of educators, and to strengthen the service 
infrastructure to expand service opportunities.


Sec.  2516.110  Who may apply for a direct grant from the Corporation?

    (a) The following entities may apply for a direct grant from the 
Corporation:
    (1) A State, through a State educational agency (SEA). For purposes 
of this part ``State'' means one of the 50 States, the District of 
Columbia, the Commonwealth of Puerto Rico, and, except for the purpose 
of Sec.  2516.600(b), U.S. Territories; ``SEA'' means a ``State 
educational agency'' as defined in Sec.  2510.20 of this chapter or an 
SEA-designated statewide entity (which may be a community-based entity) 
with demonstrated experience in supporting or implementing service-
learning programs.
    (2) An Indian Tribe.
    (3) For activities in a nonparticipating State or Indian Tribe, a 
community-based entity as defined in Sec.  2510.20.
    (b) The types of grants for which each entity is eligible are 
described in Sec.  2516.200.


Sec.  2516.120  Who may apply for funding a subgrant?

    Entities that may apply for a subgrant from a State, Indian Tribe, 
or community-based entity are:
    (a) A qualified organization, Indian Tribe, Territory, local 
educational agency, for-profit business, private elementary school or 
secondary school, or institution of higher education for a grant from a 
State for planning and building the capacity of school-based service-
learning programs.
    (b) A local partnership, for a grant from a State to implement, 
operate, or expand a school-based service learning program.
    (1) The local partnership must include an LEA and one or more 
community partners. The local partnership may include a private for-
profit business, or private elementary or secondary school, or an 
Indian Tribe (except that an Indian Tribe distributing funds to a 
project under this paragraph is not eligible to be part of the 
partnership operating that project).
    (2) The community partners must include a public or private 
nonprofit organization that has demonstrated expertise in the provision 
of services to meet educational, public safety, human, or environmental 
needs; will make projects available for participants, who must be 
students; and was in existence at least one year before the date on 
which the organization submitted an application under this part.
    (c) An LEA or Indian Tribe for planning school-based service-
learning programs involving paying, recruiting, and supporting service-
learning coordinators.
    (d) An LEA, local partnership, or public or private nonprofit 
organization for a grant from a State to implement, operate, or expand 
an adult volunteer program. The local partnership must include an LEA 
and one or more public or private nonprofit organizations, other 
educational agencies, or an Indian Tribe (except that an Indian Tribe 
distributing funds under this paragraph is not eligible to be a 
recipient of those funds) that coordinate and operate projects for 
participants who must be students.
    (e) An eligible entity for a grant from a State or Indian Tribe to 
carry out civic engagement activities.
    5. Revise Sec.  2516.200 to read as follows:


Sec.  2516.200  How may grant funds be used?

    Funds under a school-based service learning grant may be used for 
the purposes described in this section.
    (a) Planning and capacity-building. (1) A State, Indian Tribe, or 
community-based entity may use funds to pay for planning and building 
its capacity to implement school-based service-learning programs. These 
entities may use funds either directly or through subgrants or 
contracts with qualified organizations.
    (2) Authorized activities include the following:
    (i) Providing training for teachers, supervisors, personnel from 
community-based agencies (particularly with regard to the utilization 
of participants) and trainers, conducted by qualified individuals or 
organizations experienced in service-learning.
    (ii) Developing service-learning curricula, consistent with State 
or local academic content standards, to be integrated into academic 
programs, including the age-appropriate learning components for 
students to analyze and apply their service experiences.
    (iii) Forming local partnerships described in Sec.  2516.120 to 
develop school-based service-learning programs in accordance with this 
part.
    (iv) Devising appropriate methods for research and evaluation of 
the educational value of service-learning and the effect of service-
learning activities on communities.
    (v) Establishing effective outreach and dissemination of 
information to ensure the broadest possible involvement of community-
based agencies with demonstrated effectiveness in working with school-
age youth in their communities.
    (vi) Establishing effective outreach and dissemination of 
information to ensure the broadest possible participation of schools 
throughout the State, Territory or serving the Indian Tribe involved, 
with particular attention to schools not making adequate yearly 
progress for two or more consecutive years under section 1111 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.).
    (b) Implementing, operating, and expanding school-based programs. 
(1) A State, Indian Tribe or community-based entity may use funds to 
make subgrants to local partnerships described in Sec.  2516.120(b) to 
implement, operate, or expand school-based service-learning programs.
    (2) If a State does not submit an application that meets the 
requirements for an allotment grant under Sec.  2516.400, the 
Corporation may use the allotment to fund applications from community-
based entities for programs in that State.
    (3) Authorized activities include paying the costs of the 
recruitment, training, supervision, placement, salaries and benefits of 
service-learning coordinators.
    (c) Planning programs. (1) A State may use funds to make subgrants 
to LEAs for planning school-based service-learning programs.
    (2) If a State does not submit an application that meets the 
requirements for an allotment grant under Sec.  2516.400, the 
Corporation may use the allotment to fund applications from community-
based entities for planning programs in that State.
    (3) Authorized activities include paying the costs of--
    (i) The salaries and benefits of service-learning coordinators as 
defined in Sec.  2510.20 of this chapter; and
    (ii) The recruitment, training, supervision, and placement of 
service-learning coordinators who may be, but are not required to be, 
participants in an AmeriCorps program described in parts 2520 through 
2524 of this chapter, or who receive AmeriCorps education awards, or 
who may be participants in a project under section 201 of the Domestic 
Volunteer Service Act of 1973 (42 U.S.C. 5001), or who may participate

[[Page 46504]]

in a Youthbuild program under section 173A of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918a).
    (d) Adult volunteer programs. (1) A State, Indian Tribe, or 
community-based entity may use funds to make subgrants to local 
partnerships described in Sec.  2516.120(c) to implement, operate, or 
expand school-based programs involving adult volunteers to utilize 
service-learning to improve the education of students.
    (2) If a State does not submit an application that meets the 
requirements for an allotment grant under Sec.  2516.400, the 
Corporation may use the allotment to fund applications from those local 
partnerships for adult volunteer programs in that State.
    (e) Planning by Indian Tribes and U.S. Territories. If the 
Corporation makes a grant to an Indian Tribe or a U.S. Territory to 
plan school-based service-learning programs, the grantee may use the 
funds for that purpose.
    (f) Civic engagement programs. A State, Indian Tribe, Territory or 
qualified organization may use funds to support service-learning civic 
engagement programs that promote a better understanding of:
    (1) The principles of the Constitution, the heroes of United States 
history (including military history), and the meaning of the Pledge of 
Allegiance;
    (2) How the Nation's government functions; and
    (3) The importance of service in the Nation's character.


Sec.  2516.310  [Amended]

0
6. Amend Sec.  2516.310 by removing paragraph (b)(2) and redesignating 
paragraph (b)(1) as paragraph (b).

0
7. Revise Sec.  2516.400(c)(2) to read as follows:


Sec.  2516.400  What must a State or Indian Tribe include in an 
application for a grant?

* * * * *
    (c) * * *
    (2) Comply with the criminal history check requirements for all 
grant-funded staff employed after October 1, 2009, in accordance with 
45 CFR 2540.200-207, as well as the nonduplication, nondisplacement, 
and grievance procedure requirements of Part 2540.

0
8. Revise Sec.  2516.410 to read as follows:


Sec.  2516.410  What must a community-based entity include in an 
application for a grant?

    In order to apply to the Corporation for a grant, a community-based 
entity must submit the following:
    (a) A detailed description of the proposed program goals and 
activities. The application of a community-based entity must include--
    (1) A description of how the applicant will coordinate its 
activities with the State Plan under Sec.  2513 of this chapter, 
including a description of plans to meet and consult with the State 
Commission, if possible, and to provide a copy of the program 
application to the State Commission and with other Federally-assisted 
activities.
    (b) The specific program, budget, and other information specified 
by the Corporation in the grant application package.
    (c) Assurances that the applicant will--
    (1) Keep such records and provide such information to the 
Corporation with respect to the program as may be required for fiscal 
audits and program evaluations;
    (2) Prior to the placement of a participant, consult with the 
appropriate local labor organization, if any, representing employees in 
the area who are engaged in the same or similar work as that proposed 
to be carried out by the program, to prevent the displacement and 
protect the rights of those employees;
    (3) Develop an age-appropriate learning component for participants 
in the program that includes a chance for participants to analyze and 
apply their service experiences; and
    (4) Comply with the criminal history check requirements for all 
grant-funded staff employed after October 1, 2009, in accordance with 
45 CFR 2540.200-207, as well as the nonduplication, nondisplacement, 
and grievance procedure requirements of Part 2540.

0
9. Revise Sec.  2516.420 to read as follows:


Sec.  2516.420  What must an LEA, local partnership, qualified 
organization or other eligible entity include in an application for a 
subgrant?

    In order to apply for a subgrant from a State, Indian Tribe, or 
community-based entity under this part, an applicant must include the 
information required by the Corporation grantee.

0
10. Amend Sec.  2516.500(a)(3)(i) by removing the word ``grantmaking'' 
and adding the word ``community-based'' in it place and by revising 
paragraph (b)(