Volunteers in Service to America, 25637-25655 [2015-09998]
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0279 to read as
follows:
■
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§ 165.0279 Safety Zone for Fireworks
Display, Chesapeake Bay, Prospect Bay;
Queen Anne’s County, MD.
(a) Location. The following area is a
safety zone: All waters of Prospect Bay,
within a 1,000 feet radius of a fireworks
discharge barge in approximate position
latitude 39°57′49.8″ N, longitude
076°14′58.5″ W, located between Hog
Island and Kent Island in Queen Anne’s
County, MD. All coordinates refer to
datum NAD 1983.
(b) Regulations. The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section, § 165.T05–
0279.
(1) All persons are required to comply
with the general regulations governing
safety zones found in 33 CFR 165.23.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Baltimore. All vessels underway within
this safety zone at the time it is
implemented are to depart the zone.
(3) Persons desiring to transit the area
of the safety zone must first obtain
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
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contacted on Marine Band Radio VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Baltimore or his designated
representative and proceed as directed
while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(c) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port Baltimore to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. through
10 p.m. on July 4, 2015, and, if
necessary due to inclement weather,
from 8:30 p.m. through 10 p.m. on July
5, 2015.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Dated: April 15, 2015.
M.M. Dean,
Commander, U.S. Coast Guard, Acting
Captain of the Port Baltimore.
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
[FR Doc. 2015–10490 Filed 5–4–15; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Centers for Medicare & Medicaid
Services
42 CFR Part 412
Office of the Secretary
45 CFR Part 170
[CMS–1632–P]
RIN–0938–AS41
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System Policy Changes and
Fiscal Year 2016 Rates; Revisions of
Quality Reporting Requirements for
Specific Providers, Including Changes
Related to the Electronic Health
Record Incentive Program
Correction
In proposed rule document 2015–
09245 beginning on page 24324 in the
issue of Thursday, April 30, 2015 make
the following correction(s):
• On page 24324, in the second
column, in the DATES section, ‘‘June 29,
2015’’ should read ‘‘June 16, 2015’’.
[FR Doc. C1–2015–09245 Filed 5–4–15; 8:45 am]
BILLING CODE 1505–01–D
45 CFR Parts 1206, 1210, 1211, 1216,
1217, 1218, 1220, 1222, 1226, 2556
RIN 3045–AA36
Volunteers in Service to America
Corporation for National and
Community Service.
ACTION: Proposed rule with request for
comments.
AGENCY:
The Corporation for National
and Community Service (CNCS)
proposes new regulations under the
Domestic Volunteer Service Act of 1973,
as amended, and the National and
Community Service Act of 1990, as
amended, for the Volunteers in Service
to America (VISTA) program, including
certain changes to update existing
regulations.
SUMMARY:
To be sure your comments are
considered, they must reach CNCS on or
before July 6, 2015.
ADDRESSES: You may send your
comments electronically through the
Federal government’s one-stop
DATES:
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules
rulemaking Web site at
www.regulations.gov. You may also
send your comments electronically to
vistaregs@cns.gov. Also, you may mail
or deliver your comments to Calvin
Dawson, AmeriCorps VISTA, at the
Corporation for National and
Community Service, 1201 New York
Avenue NW., Washington, DC 20525.
Due to continued delays in CNCS’s
receipt of mail, we strongly encourage
comments to be submitted online
electronically. You may request this
notice in an alternative format for the
visually impaired. Members of the
public may review copies of all
communications received on this
rulemaking at CNCS’s Washington DC
office.
FOR FURTHER INFORMATION CONTACT:
Calvin Dawson, AmeriCorps VISTA, at
the Corporation for National and
Community Service, 1201 New York
Avenue NW., Washington, DC 20525,
phone 202–606–6897. The TDD/TTY
number is 800–833–3722.
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SUPPLEMENTARY INFORMATION
I. Background
The Economic Opportunity Act of
1964 created the Volunteers in Service
to America (VISTA) program. The
VISTA program, sometimes referred to
as the domestic Peace Corps, has
operated since the first VISTA
volunteers (VISTAs or VISTA members)
were placed in service in December
1964.
In 1971, the VISTA program was
transferred from the Office of Economic
Opportunity to the former Federal
agency, ACTION (the Federal Domestic
Volunteer Agency). In 1973, Congress
enacted the Domestic Volunteer Service
Act of 1973 (DVSA), the VISTA
program’s enabling legislation. The
VISTA program continues to retain its
purpose, as stated in the DVSA, ‘‘to
strengthen and supplement efforts to
eliminate and alleviate poverty and
poverty-related problems in the United
States by encouraging and enabling
individuals from all walks of life, all
geographical areas, and all age groups,
including low-income individuals,
elderly and retired Americans, to
perform meaningful and constructive
volunteer service in agencies,
institutions, and situations where the
application of human talent and
dedication may assist in the solution of
poverty and poverty-related problems
and secure and exploit opportunities for
self-advancement by individuals
afflicted with such problems.’’
In 1994, the Corporation for National
and Community Service (CNCS) was
established pursuant to the National and
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Community Service Trust Act of 1993;
at this time, the operations of all service
programs previously administered by
ACTION, including the VISTA program,
began to be administered by CNCS. The
VISTA program also became known as
the AmeriCorps VISTA program, one of
three AmeriCorps programs now
administered by CNCS. The other two
programs were, and continue to be: (1)
The AmeriCorps State and National
program; and (2) the AmeriCorps
National Civilian Community Corps
(NCCC). Since 1994, the VISTA program
continues to be primarily operated and
administered under the DVSA. The
other two AmeriCorps programs are
operated under the National and
Community Service Act of 1990
(NCSA).
In 2009, Congress enacted the Edward
M. Kennedy Serve America Act of 2009
(Serve America Act), which contained
certain amendments to both the DVSA
and the NCSA. With regard to the
VISTA program, the Serve America Act
amendments largely related to the Segal
AmeriCorps Education Award, a type of
end-of-service award for which a VISTA
member may be eligible upon successful
completion of a term of VISTA service.
II. Scope of Proposed Rule
This proposed rule covers core
aspects of the VISTA program: (a)
Entities that are sponsors for VISTA
projects; and (b) individuals who are
applicants, candidates, and VISTAs
(including VISTA leaders and VISTA
summer associates), serving at project
sites. This proposed rule has four
purposes.
First, it conforms the existing
regulations to the fact that CNCS
administers the VISTA program.
References in the existing regulations to
the former Federal agency, ACTION,
and the administrative structure of
ACTION are changed to reflect CNCS
and its administrative structure.
Second, this proposed rule codifies
the VISTA rules in the same location as
the rules for CNCS’s other programs.
The existing VISTA regulations are
codified at 45 CFR parts 1206, 1210,
1211, 1216–1220, 1222, and 1226. This
proposed rule places the VISTA
regulations within the regulations for
CNCS and the other CNCS programs at
45 CFR parts 2505–2556.
On a related note, existing program
regulations at 45 CFR parts 1206, 1216,
1220, and 1226, currently apply both to
the VISTA program, and to CNCS’s
National Senior Service Corps programs.
This proposed rule places existing
program regulations, as they apply to
the VISTA program, at 45 CFR parts
2505–2556. Existing program
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regulations as they apply to the National
Senior Service Corps programs will
remain, at this time, at 45 CFR parts
1206, 1216, 1220, and 1226. To
accommodate the relocation of the
existing program regulations as applied
to the VISTA program, certain technical
changes to the existing program
regulations, as applied to the National
Senior Service Corps programs, are
warranted. These technical changes are
not substantive, but are necessary to
address the removal of references to the
VISTA program and to reflect CNCS and
its current administrative structure.
Third, this proposed rule addresses
regulations on the VISTA program’s
elements. The existing regulations cover
a limited range of topics. This proposed
rule covers a wide range of topics, and
updates the topics covered under
existing regulations, including: VISTA
application and termination processes,
volunteer grievance procedures,
competitive service eligibility, payment
of volunteer legal expenses,
nondisplacement of workers, VISTA
leaders and summer associates,
restrictions for VISTAs on certain
political activities under the Hatch Act
and other federal laws, and
participation of program beneficiaries.
Subpart A gives general program
information: Purpose, basic program
design, definitions used in the proposed
rule, and waiver. Subpart B sets out
requirements for a VISTA sponsor, and
for a sponsor to support a VISTA.
Subpart C pertains to being a VISTA,
and the requirements for applying to
become a VISTA. Subpart D provides
the service terms, protections, and
benefits that apply to a VISTA. Subpart
E addresses termination for cause
procedures. Subparts F and G, concern,
respectively, VISTA projects with
summer associates, and VISTA projects
with VISTA leaders. Subpart H gives
restrictions and prohibitions on certain
political activities for all VISTAs,
sponsors, and project sites.
Fourth, this proposed rule updates the
provisions of the existing regulations.
These changes are described here:
As it applies to the VISTA program,
45 CFR part 1206, which deals with
project suspension and termination, is
moved to 45 CFR part 2556, subpart B
with most substantive provisions
remaining unchanged. Under the
proposed rule the provisions for
suspension remain unchanged, except
that the provisions for summary
suspension are eliminated and the
provisions for suspension on notice are
retained. This has the effect of giving
notice to sponsors for all suspensions.
Under the proposed rule the provisions
for termination remain unchanged,
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except that a second CNCS review has
been eliminated. Experience has shown
that a lengthy termination review
process is not beneficial to VISTAs at
the project in question, unduly
consumes the sponsor’s staff time and
other resources, creates uncertainty for
project beneficiaries, and exhausts
VISTA resources that could be put to
use for the benefit of project
beneficiaries.
45 CFR part 1210, which deals chiefly
with early termination of a VISTA, is
moved to 45 CFR part 2556, subpart E
and changed to improve the costeffectiveness of the provisions and
increase efficiency of VISTA program
functions. The new provisions for early
termination remain substantively the
same in many respects. However, the
early termination for cause process is
modified. While the process retains
more than sufficient due process in the
form of written notification and appeals
at two levels, the inclusion of a hearing
examiner in that process is removed.
Experience has shown that a multilayered termination process is
protracted, unduly burdensome, and
incompatible with a service term that
can last no more than a year’s time.
Such a process creates potential harm to
the operations of the project and its
beneficiaries where the VISTA had been
assigned, prolongs uncertainty for the
VISTA subject to the process, and
inordinately consumes VISTA program
resources that could be put to use for
the benefit of project beneficiaries.
45 CFR part 1211 on grievance
procedures for VISTAs is moved to 45
CFR 2556.345–2556.365 and updated to
reflect the use of electronic
communication technology and the
speed at which it can operate. At
sections 2556.345–2556.365, the
proposed rule clarifies when a VISTA
may present a grievance, what matters
are considered grievances, and specific
steps for bringing a grievance and
appealing a response, while eliminating
the inclusion of a grievance examiner in
the process. Longstanding experience
has shown that CNCS has used its
administrative review and oversight to
afford complaining parties more than
sufficient due process, and has
effectively remedied inappropriate
conditions leading to grievances,
without need of grievance examiner
services. When grievance examiner
services have been invoked, the time,
resources and expense incurred by the
VISTA program have substantially
outweighed the value provided to the
parties involved.
45 CFR part 1216 on nondisplacement of employed workers and
non-impairment of contracts for service
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is moved to 45 CFR 2556.150(b)
–2556.150(e), and the substantive
provisions remain unchanged.
45 CFR part 1217 on leaders is moved
to 45 CFR part 2556, subpart G and
clarifies primary aspects of the leader
position in a project.
45 CFR part 1219 on non-competitive
eligibility for VISTAs is moved to 45
CFR 2556.340, and its substantive
provisions remain unchanged.
45 CFR part 1220 on payment of legal
expenses resulting from service
activities is moved to 45 CFR 2556.325–
2556.335, and its substantive provisions
remain unchanged.
45 CFR part 1222 on participation of
project beneficiaries is moved to 45 CFR
2556.120, and its substantive provisions
remain unchanged.
45 CFR part 1226 on prohibitions and
restrictions on certain political activities
is moved to 45 CFR part 2556, subpart
H and is revised to complement the
current limitations and permitted
political activities under the Hatch Act,
5 U.S.C. chapter 73, subchapter III. As
provided in the DVSA, VISTAs are
subject to the requirements of the Hatch
Act because they are considered federal
employees for purposes of the Hatch
Act, 42 U.S.C. 5055(b)(1).
III. Effective Date
CNCS intends to make any final rule
based on this proposal effective no
sooner than 90 days after the final rule
is published in the Federal Register.
IV. Regulatory Procedures
Executive Order 12866
CNCS has determined that the
proposed rule is not an ‘‘economically
significant’’ rule within the meaning of
E.O. 12866 because it is not likely to
result in: (1) An annual effect on the
economy of $100 million or more, or an
adverse and material effect on a sector
of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal government or communities; (2)
the creation of a serious inconsistency
or interference with an action taken or
planned by another agency; (3) a
material alteration in the budgetary
impacts of entitlement, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or (4)
the raising of novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in E.O. 12866.
Regulatory Flexibility Act
As required by the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605
(b)), CNCS certifies that this rule, if
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25639
adopted, will not have a significant
economic impact on a substantial
number of small entities. This
regulatory action will not result in (1) an
annual effect on the economy of $100
million or more; (2) a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or (3) significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets. Therefore,
CNCS 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.
Unfunded Mandates
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.
Paperwork Reduction Act
This proposed rule addresses the
requirement that entities that wish to
apply to be VISTA sponsors complete
an application to be a VISTA sponsor
that manages at least one VISTA project.
Consistent with this requirement is a
document: the VISTA program’s Project
Application (https://
www.nationalservice.gov/programs/
americorps/americorps-vista/sponsorvista-project). Additionally this
proposed rule addresses the
requirement that individuals who wish
to apply to serve as VISTAs in the
federal VISTA program complete an
application to serve as a VISTA. This
document is called an AmeriCorps
Member Application and can be found
online at https://
www.nationalservice.gov/programs/
americorps/americorps-vista.
These requirements constitute two
sets of information under the Paperwork
Reduction Act (PRA), 44 U.S.C. 507 et
seq. OMB, in accordance with the
Paperwork Reduction Act, has
previously approved these information
collections for use. The OMB Control
Number for the two collections of the
Project Application and AmeriCorps
Application are 3045–0038 and 3045–
0054, respectively.
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Under the PRA, an agency may not
conduct or sponsor a collection of
information unless the collections of
information displays valid control
numbers. This proposed rule’s
collections of information are contained
in 45 CFR 2556.120 and 2556.205 for
the Project Application and AmeriCorps
Application, respectively.
This information is necessary to
ensure that only eligible and qualified
entities serve as VISTA sponsors. This
information is also necessary to ensure
that only eligible and suitable
individuals are approved by the VISTA
program to serve as VISTAs in the
VISTA program.
The likely respondents to these
collections of information are entities
interested in or seeking to become
VISTA sponsors, current VISTA
sponsors, and current and prospective
VISTAs.
Executive Order 13132, Federalism
Executive Order 13132, Federalism,
prohibits an agency from publishing any
rule that has Federalism implications if
the rule imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. The
proposed rule does not have any
Federalism implications, as described
above.
List of Subjects
45 CFR Part 1206
Volunteers.
Authority: 42 U.S.C. 5052.
2. In § 1206.1–1, revise paragraph (a)
to read as follows:
■
§ 1206.1–1
Purpose and scope.
(a) This subpart establishes rules and
review procedures for the suspension
and termination of assistance of
National Senior Service Corps grants of
assistance provided by the Corporation
for National and Community Service
pursuant to sections of title II of the
Domestic Volunteer Service Act of 1973,
Public Law 93–113, 87 Stat. 413
(hereinafter the DVSA) because a
recipient failed to materially comply
with the terms and conditions of any
grant or contract providing assistance
under these sections of the DVSA,
including applicable laws, regulations,
issued program guidelines, instructions,
grant conditions or approved work
programs.
*
*
*
*
*
■ 3. Revise § 1206.1–2 to read as
follows:
§ 1206.1–3
45 CFR Part 1216
Volunteers.
Application of this part.
Definitions.
*
45 CFR Part 1217
Volunteers.
45 CFR Part 1218
Volunteers.
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1. The authority citation for part 1206
continues to read as follows:
■
This subpart applies to programs
authorized under title II of the DVSA.
■ 4. In § 1206.1–3, revise paragraphs
(c)–(f) to read as follows:
45 CFR Part 1211
Volunteers.
45 CFR Part 1220
Volunteers.
45 CFR Part 1222
Volunteers.
45 CFR Part 1226
Volunteers
Elections, Lobbying.
45 CFR Part 2556
Volunteers, VISTA program.
17:25 May 04, 2015
PART 1206—GRANTS AND
CONTRACTS—SUSPENSION AND
TERMINATION AND DENIAL OF
APPLICATION FOR REFUNDING
§ 1206.1–2
45 CFR Part 1210
Volunteers.
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For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
proposes to amend chapters XII and
XXV, title 45 of the Code of Federal
Regulations as follows:
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*
*
*
*
(c) The term responsible Corporation
official means the CEO, Chief Financial
Officer, the Director of the National
Senior Service Corps programs, the
appropriate Service Center Director and
any Corporation for National and
Community Service (CNCS)
Headquarters or State office official who
is authorized to make the grant or
assistance in question. In addition to the
foregoing officials, in the case of the
suspension proceedings described in
§ 1206.1–4, the term ‘‘responsible
Corporation official’’ shall also include
a designee of a CNCS official who is
authorized to make the grant of
assistance in question.
(d) The term assistance means
assistance under title II of the DVSA in
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the form of grants or contracts involving
Federal funds for the administration for
which the Director of the National
Senior Service Corps programs has
responsibility.
(e) The term recipient means a public
or private agency, institution or
organization or a State or other political
jurisdiction which has received
assistance under title II of the DVSA.
The term ‘‘recipient’’ does not include
individuals who ultimately receive
benefits under any DVSA program of
assistance or National Senior Service
Corps volunteers participating in any
program.
(f) The term agency means a public or
private agency, institution, or
organization or a State or other political
jurisdiction with which the recipient
has entered into an arrangement,
contract or agreement to assist in its
carrying out the development, conduct
and administration of part of a project
or program assisted under title II of the
DVSA.
*
*
*
*
*
■ 5. Revise § 1206.2–1 to read as
follows:
§ 1206.2–1
Applicability of this subpart.
This subpart applies to grantees and
contractors receiving financial
assistance under title II of the DVSA.
The procedures in the subpart do not
apply to review of applications for
sponsors who receive VISTA members
under the DVSA.
■ 6. Revise § 1206.2–3 to read as
follows:
§ 1206.2–3
Definitions.
As used in this subpart,
‘‘Corporation’’, ‘‘CEO’’, and ‘‘recipient’’
are defined in accordance with
§ 1206.1–3.
Financial assistance and assistance
include the services of National Senior
Service Corps volunteers supported in
whole or in part with CNCS funds under
the DVSA.
Program account includes assistance
provided by CNCS to support a
particular program activity; for example,
Foster Grandparent Program, Senior
Companion Program and Retired Senior
Volunteer Program.
Refunding includes renewal of an
application for the assignment of
National Senior Service Corps
volunteers.
■ 7. In § 1206.2–4, revise paragraph (g)
to read as follows:
§ 1206.2–4
Procedures.
*
*
*
*
*
(g) If the recipient’s budget period
expires prior to the final decision by the
deciding official, the recipient’s
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authority to continue program
operations shall be extended until such
decision is made and communicated to
the recipient. If a National Senior
Service Corps volunteer’s term of
service expires after receipt by a sponsor
of a tentative decision not to refund a
project, the period of service of the
volunteer may be similarly extended.
No volunteers may be reenrolled for a
period of service while a tentative
decision not to refund is pending. If
program operations are so extended,
CNCS and the recipient shall provide,
subject to the availability of funds,
operating funds at the same levels as in
the previous budget period to continue
program operations.
PART 1216—NONDISPLACEMENT OF
EMPLOYED WORKERS AND
NONIMPAIRMENT OF CONTRACTS
FOR SERVICE
10. The authority citation for part
1216 is revised to read as follows:
■
Authority: 42 U.S.C. 5044(a).
11. Revise § 1216.1–1 to read as
follows:
■
Purpose.
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This part establishes rules to assure
that the services of volunteers in the
Foster Grandparent Program, the Senior
Companion Program, and The Retired
and Senior Volunteer Program (RSVP),
are limited to activities which would
not otherwise be performed by
employed workers and which will not
supplant the hiring of, or result in the
displacement of employed workers or
impair existing contracts for service.
This part implements section 404(a) of
the Domestic Volunteer Service Act of
1973, Pub. L. 93–113 (the ‘‘Act’’).
■ 12. In § 1216.1–2, revise paragraph (a)
to read as follows:
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14. Remove and reserve Part 1218.
PART 1219—[REMOVED and
RESERVED]
■
15. Remove and reserve Part 1219.
PART 1220—PAYMENT OF
VOLUNTEER LEGAL EXPENSES
16. The authority citation for part
1220 is revised to read as follows:
■
Purpose.
This part implements section 419 of
the Domestic Volunteer Service Act of
1973, Public Law 93–113 (the ‘‘Act’’).
This part provides rules to ensure that
the Corporation for National and
Community Service, which administers
the three federal programs, the Foster
Grandparent Program (FGP), the Senior
Companion Program (SCP), and The
Retired and Senior Volunteer Program
(RSVP), pays the expenses incurred in
judicial and administrative proceedings
for the defense of those volunteers
serving in those programs. Payment of
such expenses by CNCS for those
volunteers include payment of counsel
fees, court costs, bail or other expenses
incidental to the volunteer’s defense.
■ 18. In § 1220.2–1, revise paragraph
(a)(1) to read as follows:
§ 1220.2–1
Full-time volunteers.
(a)(1) The Corporation for National
and Community Service will pay all
reasonable expenses for defense of fulltime volunteers up to and including the
arraignment of Federal, state, and local
criminal proceedings, except in cases
where it is clear that the charged offense
results from conduct which is not
related to his service as a volunteer.
*
*
*
*
*
■ 19. In § 1220.2–1, revise paragraph (c)
to read as follows:
§ 1220.2–1
Applicability of this part.
(a) All volunteers in either the Foster
Grandparent Program, the Senior
Companion Program, or The Retired and
Senior Volunteer Program (RSVP), who
are assigned, referred or serving
pursuant to grants, contracts, or
agreements made pursuant to the Act.
*
*
*
*
*
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■
§ 1220.1–1
9. Remove and reserve Part 1211.
§ 1216.1–2
PART 1218—[REMOVED and
RESERVED]
17. Revise § 1220.1–1 to read as
follows:
8. Remove and reserve Part 1210.
§ 1216.1–1
13. Remove and reserve Part 1217.
■
PART 1211—[REMOVED and
RESERVED]
■
■
Authority: 42 U.S.C. 5059.
PART 1210—[REMOVED and
RESERVED]
■
PART 1217—[REMOVED and
RESERVED]
Full-time volunteers.
*
*
*
*
*
(c) Notwithstanding the foregoing,
there may be situations in which the
criminal proceeding results from a
situation which could give rise to a civil
claim under the Federal Tort Claims
Act. In such situations, the Justice
Department may agree to defend the
volunteer. In those cases, unless there is
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25641
a conflict between the volunteer’s
interest and that of the government, the
Corporation for National and
Community Service will not pay for
additional private representation for the
volunteer.
*
*
*
*
*
■ 20. In § 1220.2–2, revise paragraph (a)
introductory text and paragraphs (a)(2)
and (b) to read as follows:
§ 1220.2–2
Part-time volunteers.
(a) With respect to a part-time
volunteer, the Corporation for National
and Community Service will reimburse
a sponsor for the reasonable expense it
incurs for the defense of the volunteer
in Federal, state and local criminal
proceedings, including arraignment,
only under the following circumstances:
*
*
*
*
*
(2) The volunteer receives, or is
eligible to receive, compensation,
including allowances, stipend, or
reimbursement for out-of-pocket
expenses, under a Corporation for
National and Community Service grant
project; and
*
*
*
*
*
(b) In certain circumstances
volunteers who are ineligible for
reimbursement of legal expenses by the
Corporation for National and
Community Service may be eligible for
representation under the Criminal
Justice Act (18 U.S.C. 3006A).
■ 21. In § 1220.2–3, revise paragraphs
(a), (b) and (d) to read as follows:
§ 1220.2–3
Procedure.
(a) Immediately upon the arrest of any
volunteer under circumstances in which
the payment or bail to prevent
incarceration or other serious
consequences to the volunteer or the
retention of an attorney prior to
arraignment is necessary and is covered
under §§ 1220.2–1 or 1220.2–2,
sponsors shall immediately notify the
appropriate Corporation for National
and Community Service state office or if
the state office cannot be reached, the
appropriate Area Manager.
(b) Immediately after notification of
the appropriate state office, and with the
approval thereof, the sponsor shall
advance up to $500 for the payment of
bail or such other legal expenses as are
necessary prior to arraignment to
prevent the volunteer from being
incarcerated. In the event it is
subsequently determined that the
Corporation for National and
Community Service or a sponsor is not
responsible under this policy for the
volunteer’s defense, any such advance
may be recovered directly from the
volunteer or from allowances, stipends,
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or out-of-pocket expenses which are
payable or become payable to the
volunteer. In the case of a grassroots
sponsor of full-time volunteers that is
not able to provide the $500, the
Corporation for National and
Community Service state office or Area
Manager shall immediately make such
sum available to the sponsor.
*
*
*
*
*
(d) The General Counsel shall, upon
notification by the state office or Area
Manager, determine the extent to which
the Corporation for National and
Community Service will provide funds
for the volunteer’s defense or reimburse
a sponsor for funds it spends on the
volunteer’s behalf. Included in this
responsibility shall be the negotiation of
fees and approval of other costs and
expenses. State offices and Area
Managers are not authorized to commit
the Corporation for National and
Community Service to the payment of
volunteers’ legal expenses or to
reimburse a sponsor except as provided
above, without the express consent of
the General Counsel. Additionally, the
General Counsel shall, in cases arising
directly out of the performance of
authorized project activities, ascertain
whether the services of the United
States Attorney can be made available to
the volunteer.
*
*
*
*
*
■ 22. In § 1220.3–1, revise the
introductory text and paragraph (a) as
follows:
§ 1220.3–1
Full-time volunteers.
The Corporation for National and
Community Service will pay reasonable
expenses incurred in the defense of fulltime volunteers in Federal, state, and
local civil judicial and administrative
proceedings where:
(a) The complaint or charge against
the volunteer is directly related to his
volunteer service and not to his
personal activities or obligations.
*
*
*
*
*
■ 23. Revise § 1220.3–2 as follows:
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§ 1220.3–2
Part-time volunteers.
The Corporation for National and
Community Service will reimburse
sponsors for the reasonable expenses
incidental to the defense of part-time
volunteers in Federal, state, and local
civil judicial and administrative
proceedings where:
(a) The proceeding arises directly out
of the volunteer’s performance of
activities pursuant to the Act;
(b) The volunteer receives or is
eligible to receive compensation,
including allowances, stipend, or
reimbursement for out-of-pocket
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expenses under the Corporation for
National and Community Service grant;
and
(c) The conditions specified in
paragraphs (b) and (c) in § 1220.3–1 are
met.
■ 24. Revise § 1220.3–3 as follows:
§ 1220.3–3
Procedure.
Immediately upon the receipt by a
volunteer of any court papers or
administrative orders making a party to
any proceeding covered under § 1220.3–
1 or § 1220.3–2, the volunteer shall
immediately notify his sponsor who in
turn shall notify the appropriate
Corporation for National and
Community Service state office. The
procedures referred to in § 1220.2–3,
paragraphs (c) through (e), shall
thereafter be followed as appropriate.
PART 1222—[REMOVED and
RESERVED]
■
25. Remove and reserve Part 1222.
PART 1226—PROHIBITIONS ON
ELECTORAL AND LOBBYING
ACTIVITIES
26. The authority citation for part
1226 is revised to read as follows:
■
Authority: 42 U.S.C. 5043.
■
27. Revise § 1226.1 to read as follows:
§ 1226.1
Purpose.
This part implements sections 403(a)
and (b) of the Domestic Volunteer
Service Act of 1973, Public Law 93–113,
as amended, hereinafter referred to as
the Act, pertaining to the prohibited use
of Federal funds or involvement by
certain Corporation for National and
Community Service programs and
volunteers in electoral and lobbying
activities. This part implements those
provisions of the Act, as they apply to
agency programs and volunteers
authorized under title II of the Act.
■ 28. Revise § 1226.2 to read as follows:
§ 1226.2
Scope.
This part applies to all volunteers
serving in a program authorized by title
II of the Act, including the Foster
Grandparent Program, the Senior
Companion Program, and The Retired
and Senior Volunteer Program (RSVP).
This part also applies to employees or
sponsoring organizations, whose
salaries, or other compensation, are
paid, in whole or in part, with agency
funds.
■ 29. In § 1226.7, revise the introductory
text and paragraph (a) to read as follows:
§ 1226.7
Scope.
The provisions in this subpart are
applicable to full time volunteers as
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described in § 1226.3(c), and to such
part-time volunteers as may be
otherwise specified herein. Full time
volunteers are deemed to be acting in
their capacity as volunteers:
(a) When they are actually engaged in
their volunteer assignments; or
*
*
*
*
*
■ 30. Remove §§ 1226.10 and 1226.11
and redesignate §§ 1226.12 and 1226.13
as §§ 1226.10 and 1226.11, respectively.
■ 31. Revise § 1226.10 as follows:
§ 1226.10
Sponsor employees.
Sponsor employees whose salaries or
other compensation are paid, in whole
or in part, with agency funds are subject
to the restrictions described in
§ 1226.8(a), (b), (c) and (d) and the
exceptions in § 1226.9:
(a) Whenever they are engaged in an
activity which is supported by
Corporation for National and
Community Service funds; or
(b) Whenever they identify
themselves as acting in their capacity as
an official of a project which receives
Corporation for National and
Community Service funds, or could
reasonably be perceived by others as
acting in such capacity.
■ 32. Add part 2556 to read as follows:
PART 2556—VOLUNTEERS IN
SERVICE TO AMERICA
Subpart A—General Information
Sec.
2556.1 What is the purpose of the VISTA
program?
2556.3 Who should read Part 2556?
2556.5 What definitions apply in Part
2556?
2556.7 Are waivers of the regulations in
this Part allowed?
Subpart B—VISTA Sponsors
2556.100 Which entities are eligible to
apply to become VISTA sponsors?
2556.105 Which entities are prohibited
from being VISTA sponsors?
2556.110 What VISTA assistance is
available to a sponsor?
2556.115 Is a VISTA sponsor required to
provide a cash or in-kind match?
2556.120 How does a VISTA sponsor
ensure the participation of people in the
communities to be served?
2556.125 May CNCS deny or reduce VISTA
assistance to an existing VISTA project?
2556.130 What is the procedure for denial
or reduction of VISTA assistance to an
existing VISTA project?
2556.135 What is suspension? When may
CNCS suspend a VISTA project?
2556.140 What is termination? When may
CNCS terminate a VISTA project?
2556.145 May CNCS pursue other remedies
against a VISTA project for a sponsor’s
material failure to comply with any other
requirement not set forth in this Subpart?
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2556.150 What activities are VISTA
members not permitted to perform as
part of service?
2556.155 May a sponsor manage a project
through a subrecipient?
2556.160 What are the sponsor’s
requirements for cost share projects?
2556.165 What Fair Labor Standards apply
to sponsors and projects?
2556.170 What nondiscrimination
requirements apply to VISTA sponsors?
2556.175 What limitations are VISTA
sponsors subject to regarding religious
activities?
Subpart C—VISTA Members
2556.200 Who may apply to serve as a
VISTA?
2556.205 What commitments and
agreements must an individual make to
serve in the VISTA program?
2556.210 Who reviews and approves an
application for VISTA service?
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Subpart D—Terms, Protections, and
Benefits of VISTA Members
2556.300 Is a VISTA considered a federal
employee? Is a VISTA considered an
employee of the sponsor?
2556.305 What is the duration and scope
of service for a VISTA?
2556.310 What are the lines of supervision
or oversight of a VISTA, a VISTA
sponsor, and CNCS during a VISTA’s
term of service?
2556.315 What are terms and conditions
for official travel for a VISTA?
2556.320 What benefits may a VISTA
receive during VISTA service?
2556.325 May a VISTA be provided
coverage for legal defense expenses
related to VISTA service?
2556.330 When may a VISTA be provided
coverage for legal defense expenses
related to criminal proceedings?
2556.335 When may a VISTA be provided
coverage for legal defense expenses
related to civil or administrative
proceedings?
2556. 340 What is non-competitive
eligibility and who is eligible for it?
2556.345 Who may present a grievance?
2556.350 What matters are considered
grievances?
2556.355 May a VISTA have access to
records as part of the VISTA grievance
procedure?
2556.360 How may a VISTA bring a
grievance?
2556.365 May a VISTA appeal a grievance?
Subpart E—Termination for Cause
Procedures
2556.400 What is termination for cause?
What are the criteria for termination for
cause?
2556.405 Who has sole authority to remove
a VISTA from a VISTA project? Who has
sole authority to terminate a VISTA from
a VISTA project or the VISTA program?
2556.410 May a sponsor request that a
VISTA be removed from its project?
2556.415 May CNCS remove a VISTA from
a project without the sponsor’s request
for removal?
2556.420 What are termination for cause
proceedings?
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2556.425 May a VISTA appeal his or her
termination for cause?
2556.430 Is a VISTA who is terminated
early from the VISTA program for other
than cause entitled to appeal under these
procedures?
Subpart F—Summer Associates
2556.500 How is a position for a summer
associate established in a project?
2556.505 How do summer associates differ
from other VISTAs?
Subpart G—VISTA Leaders
2556.600 How is a position for a leader
established in a project, or in multiple
projects within a contiguous geographic
region?
2556.605 Who is eligible to serve as a
leader?
2556.610 What is the application process
to apply to become a leader?
2556.615 Who reviews a leader
application? Who approves or
disapproves a leader application?
2556.620 How does a leader differ from
other VISTAs?
2556.625 What are terms and conditions of
service for a leader?
Subpart H—Restrictions and Prohibitions
on Political Activities and Lobbying
2556.700 Who is covered by this subpart?
2556.705 What is prohibited political
activity?
2556.710 What political activities are
VISTAs prohibited from engaging in?
2556.711 What political activities may a
VISTA participate in?
2556.712 May VISTAs participate in
political organizations?
2556.713 May VISTAs participate in
political campaigns?
2556.714 May VISTAs participate in
elections?
2556.715 May a VISTA be a candidate for
public office?
2556.716 May VISTAs participate in
political fundraising activities?
2556.717 Are VISTAs prohibited from
soliciting or discouraging the political
participation of certain individuals?
2556.718 What restrictions and
prohibitions are VISTAs subject to who
campaign for a spouse or family
member?
2556.719 May VISTAs participate in lawful
demonstrations?
2556.720 May a sponsor approve the
participation of a VISTA in a
demonstration or other political
meeting?
2556.721 What disciplinary actions are
VISTAs subject to for violating
restrictions or prohibitions on political
activities?
2556.722 What are the requirements of
VISTA sponsors regarding political
activities?
2556.723 What prohibitions and
restrictions on political activity apply to
employees of VISTA sponsors or
projects?
2556.724 What prohibitions on lobbying
activities apply to VISTA sponsors and
projects?
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Subpart A—General Information
Authority: Secs. 101, 102, and 103, Pub. L.
93–113, as amended; 5 CFR part 734.
§ 2556.1 What is the purpose of the VISTA
program?
(a) The purpose of the VISTA program
is to strengthen and supplement efforts
to eliminate and alleviate poverty and
poverty-related problems throughout the
United States and certain U.S.
territories. To effect this purpose, the
VISTA program encourages and enables
individuals from all walks of life to join
VISTA to perform, on a full-time basis,
meaningful and constructive service to
assist in the solution of poverty and
poverty-related problems and secure
opportunities for self-advancement of
persons afflicted by such problems.
(b) The VISTA program objectives are
to:
(1) Generate private sector resources;
(2) Encourage volunteer service at the
local level;
(3) Support efforts by local agencies
and community organizations to achieve
long-term sustainability of projects; and
(4) Strengthen local agencies and
community organizations to carry out
the purpose of the VISTA program.
§ 2556.3
Who should read Part 2556?
This Part may be of interest to:
(a) Private nonprofit organizations,
public nonprofit organizations, state
government agencies, local government
agencies, federal agencies, and tribal
government agencies who are
participating in the VISTA program as
sponsors, or who are interested in
participating in the VISTA program as
sponsors.
(b) Individuals 18 and older who are
serving as a VISTA, or who are
interested in serving as a VISTA.
§ 2556.5
2556?
What definitions apply in Part
‘‘Act’’ or ‘‘DVSA’’ means the Domestic
Volunteer Service Act of 1973, as
amended, Public Law 93–113 (42 U.S.C.
4951 et seq.).
‘‘Alternative oath or affirmation’’
means a pledge of VISTA service taken
by an individual who legally resides
within a State, but who is not a citizen
or national of the United States, upon
that individual’s enrollment into the
VISTA program as a VISTA.
‘‘Applicant for VISTA service’’ means
an individual who is in the process of
completing, or has completed, an
application for VISTA service as
prescribed by CNCS, but who has been
not been approved by CNCS to be a
candidate.
‘‘Application for VISTA service’’
means the materials prescribed by CNCS
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to ascertain information on an
individual’s eligibility and suitability
for VISTA service.
‘‘Area Manager’’ means a CNCS
official who is head of a designated,
regional set, or cluster of CNCS State
Offices, or equivalent CNCS official.
‘‘Assistance’’ means VISTAs, leaders,
or summer associates. ‘‘Assistance’’ also
means technical assistance or training of
VISTAs, leaders, summer associates,
candidates, sponsors, or supervisors that
are provided from funds appropriated
by Congress for the purpose of
supporting activities under the DVSA.
‘‘Assistance’’ also means grant funds.
‘‘Candidate’’, when used in the
context of an individual who has
applied for VISTA service, means an
individual whose application for VISTA
service has been approved by CNCS, but
who has not taken an oath, alternative
oath or affirmation to serve in the
VISTA program. Candidates may
include those who were enrolled in the
VISTA program at a prior time.
‘‘Cost share’’ means when an entity,
such as a VISTA sponsor, reimburses
CNCS part or all of the expenses
associated with the operation of a
VISTA project, such as the costs for one
or more VISTAs, leaders, or summer
associates placed in a VISTA project.
‘‘CNCS’’ means the Corporation for
National and Community Service,
established pursuant to section 191 of
the National and Community Service
Act of 1990, as amended, 42 U.S.C.
12651. CNCS is also sometimes referred
to as ‘‘the Corporation.’’
‘‘Education award’’ or ‘‘Segal
AmeriCorps Education Award’’ means
an end-of-service monetary benefit from
CNCS’s National Service Trust that is
directed to designated educational
institutions and is awarded to certain
qualifying VISTAs who successfully
complete an established term of VISTA
service.
‘‘Enroll’’, ‘‘enrolled’’ or ‘‘enrollment’’,
when used in the context of VISTA
service, refers to the status of an
individual admitted to serve in the
VISTA program. The enrollment period
commences when the Oath to serve in
the VISTA program is taken by the
candidate and ends upon termination
from a term of service in the VISTA
program. The enrollment period may
commence on a date earlier than the
first day of a service assignment of an
enrolled VISTA member.
‘‘Full-time’’, when used in the context
of VISTA service means service in
which a VISTA, leader, or summer
associate remains available for service
without regard to regular working hours.
‘‘Leader’’, ‘‘a leader’’, or ‘‘a VISTA
leader’’ means a VISTA member who is
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enrolled for full-time VISTA service,
and who is also subject to the terms of
Subpart G of this Part.
‘‘Living allowance’’ or ‘‘living
allowance payment’’ means a monetary
benefit paid for subsistence purposes to
a VISTA member during VISTA service.
‘‘Memorandum of Agreement’’ means
a written agreement between CNCS and
a sponsor regarding the terms of the
sponsor’s involvement and
responsibilities in the VISTA program.
‘‘Nonpartisan election’’ means—(1)
An election in which none of the
candidates is to be nominated or elected
as representing a political party any of
whose candidates for Presidential
elector received votes in the last
preceding election at which Presidential
electors were selected; or (2) An election
involving a question or issue which is
not specifically identified with a
political party, such as a constitutional
amendment, referendum, approval of a
municipal ordinance, or any question or
issue of a similar character.
‘‘Oath’’ means an avowal to VISTA
service, taken in accordance with 5
U.S.C. 3331, by an individual who is a
U.S. citizen or national. The taking of
the Oath effects an individual’s
enrollment into the VISTA program.
‘‘On-duty’’ or ‘‘during service time’’
means when a VISTA is either
performing VISTA service or scheduled
to do so.
‘‘Project’’ or ‘‘VISTA project’’ means a
set of VISTA activities operated and
overseen by, and the responsibility of, a
sponsor, and assisted under this Part to
realize the goals of title I of the DVSA.
‘‘Project applicant’’ or ‘‘VISTA project
applicant’’ means an entity that submits
an application to CNCS to operate,
oversee, and be responsible for a VISTA
project.
‘‘Project application’’ or ‘‘VISTA
project application’’ means the
application materials prescribed by
CNCS to ascertain information on an
applying entity’s eligibility and
suitability to operate, oversee, and be
responsible for, a VISTA project.
‘‘Project director’’ or ‘‘VISTA project
director’’ means a staff person, of legal
age, of the sponsor, who has been
assigned by the sponsor the overall
responsibility for the management of the
VISTA project.
‘‘Sponsor’’, ‘‘VISTA sponsor’’ or
‘‘VISTA project sponsor’’ means a
public agency or private non-profit
organization that receives assistance
under title I of the DVSA, and is
responsible for operating and overseeing
a VISTA project. A public agency may
be a federal, state, local or tribal
government.
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‘‘State’’, when used as a noun, means
one of the several states in the United
States of America, District of Columbia,
Virgin Islands, Puerto Rico, Guam,
American Samoa, and the
Commonwealth of the Northern Mariana
Islands.
‘‘State Program Director’’ means a
CNCS official who reports to an Area
Manager or equivalent CNCS official,
and who is the head of a CNCS State
Office.
‘‘Stipend’’ or ‘‘end-of-service stipend’’
means an end-of-service lump-sum
monetary benefit from CNCS that is
awarded to certain qualifying VISTAs,
who successfully complete an
established term of VISTA service.
‘‘Subrecipient’’ means a public agency
or private non-profit organization that
enters into an agreement with a VISTA
sponsor to receive one or more VISTAs,
and to carry out a set of activities,
assisted under this Part, to realize the
goals of title I of the DVSA. A public
agency may be a federal, state, local or
tribal government.
‘‘Summer associate’’ means a VISTA
member who is enrolled for VISTA
service, during a period between May 1
and September 15, and who is also
subject to the terms of Subpart I of this
Part. A summer associate must be
available to provide continuous fulltime service, without other
commitments, for a period of at least
eight weeks and a maximum of ten
weeks.
‘‘Supervisor’’ or ‘‘VISTA Supervisor’’
means a staff member, of legal age, of
the sponsor or a subrecipient, who has
been assigned by the sponsor or the
subrecipient, the responsibility for the
day-to-day oversight of one or more
VISTAs.
‘‘Tribe’’ means any Indian tribe, band,
nation, or other organized group or
community, including any Alaskan
native village or regional village
corporation as defined in or established
pursuant to the Alaska Native Claims
Settlement Act, which is recognized by
the United States or the State in which
it resides as eligible for special programs
and services provided to Indians
because of their status as Indians.
‘‘VISTA member’’, ‘‘a VISTA’’ or ‘‘the
VISTA’’ means an individual enrolled
full-time for VISTA service in the
VISTA program, as authorized under
title I of the DVSA.
‘‘VISTA program’’ means the Federal
government program named Volunteers
in Service to America and authorized
under title I of the Domestic Volunteer
Service Act of 1973, as amended, 42
U.S.C. 4950 et seq.
‘‘VISTA service’’ means VISTA
service activities performed by a VISTA
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member while enrolled in the VISTA
program.
§ 2556.7 Are waivers of the regulations in
this Part allowed?
Upon a determination of good cause,
the Chief Executive Officer of CNCS
may, subject to statutory limitations,
waive any provisions of Part 2556.
Subpart B—VISTA Sponsors
Authority: Secs. 103(a), 103(f), 104(b),
104(e), 105(b), 106, 403(a), 403(b), 403(c),
404(a), 404(b), 404(c), 404(e), 406, 412, 416,
and 417, Pub. L. 93–113, as amended; Sec.
192A(g)(10), Pub. L. 101–610, as amended;
Presidential Executive Order 13279 (67 FR
77141, Dec. 16, 2002).
§ 2556.100 Which entities are eligible to
apply to become VISTA sponsors?
The following entities are eligible to
apply to become VISTA sponsors, and
thereby undertake projects in the U.S.
and certain U.S. territories:
(a) Private nonprofit organization.
(b) Public nonprofit organization.
(c) State government or state
government agency.
(d) Local government or local
government agency.
(e) Tribal government or tribal
government agency.
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(a) An entity is prohibited from being
a VISTA sponsor or from otherwise
receiving VISTA assistance if a
principal purpose or activity of the
entity includes any of the following:
(1) Electoral Activities. Any activity
designed to influence the outcome of
elections to any public office, such as
actively campaigning for or against, or
supporting, candidates for public office;
raising, soliciting, or collecting funds for
candidates for public office; or
preparing, distributing, providing funds
for campaign literature for candidates,
including leaflets, pamphlets, and
material designed for the print or
electronic media.
(2) Voter Registration Activities. Any
voter registration activity, such as
providing transportation of individuals
to voter registration sites; providing
assistance to individuals in the process
of registering to vote, including
determinations of eligibility; or
disseminating official voter registration
material.
(3) Transportation to the Polls.
Providing voters or prospective voters
with transportation to the polls or
raising, soliciting, or collecting funds for
such activities.
(b) Any organization that, subsequent
to the receipt of VISTA assistance,
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§ 2556.110 What VISTA assistance is
available to a sponsor?
(a) A sponsor may be approved for
one or more VISTA positions.
(b) A sponsor, upon review and
approval by CNCS to establish a leader
position or positions, and in accordance
with criteria set forth at Subpart G of
this Part, may be approved for one or
more leader positions.
(c) A sponsor, upon approval by
CNCS to establish a summer associate
position or positions, and in accordance
with criteria set forth at Subpart F of
this Part, may be approved for one or
more summer associate positions.
(d) A sponsor may be eligible to
receive certain grant assistance under
the terms determined and prescribed by
CNCS.
(e) A sponsor may receive training
and technical assistance related to
carrying out purposes of title I of the
DVSA.
§ 2556.115 Is a VISTA sponsor required to
provide a cash or in-kind match?
§ 2556.105 Which entities are prohibited
from being VISTA sponsors?
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makes as one of its principal purposes
or activities any of the activities
described in section 2556.105(a) shall be
subject to the procedures in sections
2556.125 through 2556.145.
(a) A sponsor is not required to
provide a cash match for any of the
assistance listed in § 2556.110.
(b) A sponsor must provide
supervision, work space, service-related
transportation, and any other materials
necessary to operate and complete the
VISTA project and support the VISTA.
§ 2556.120 How does a VISTA sponsor
ensure the participation of people in the
communities to be served?
(a) To the maximum extent
practicable, the people of the
communities to be served by VISTA
members shall participate in planning,
developing, and implementing
programs.
(b) The sponsor shall articulate in its
project application how it will engage or
continue to engage relevant
communities in the development and
implementation of programs.
§ 2556.125 May CNCS deny or reduce
VISTA assistance to an existing VISTA
project?
(a) CNCS may deny or reduce VISTA
assistance where a denial or reduction
is based on:
(1) Legislative requirement;
(2) Availability of funding;
(3) Material failure to comply with
applicable term(s) or condition(s) of the
DVSA, the regulations in this Part,
VISTA program policy, or an applicable
Memorandum of Agreement;
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(4) Ineffective management of CNCS
resources;
(5) Substantial failure to comply with
CNCS policy and overall objectives
under a contract, or applicable
Memorandum of Agreement or grant
agreement; or
(6) General policy.
(b) In instances where the basis for
denial or reduction of VISTA assistance
may also be the basis for the suspension
or termination of a VISTA project under
this subpart, CNCS shall not be limited
to the use of this section to the
exclusion of the procedures for
suspension or termination in this
Subpart.
§ 2556.130 What is the procedure for
denial or reduction of VISTA assistance to
an existing VISTA project?
(a) CNCS shall notify the sponsor in
writing, at least 75 calendar days before
the anticipated denial or reduction of
VISTA assistance,that CNCS proposes to
deny or reduce VISTA assistance.
CNCS’s written notice shall state the
reasons for the decision to deny or
reduce assistance and shall provide an
opportunity period for the sponsor to
respond to the merits of the proposed
decision. CNCS retains sole authority to
make the final determination whether
the VISTA assistance at issue shall be
denied or reduced, as appropriate.
(b) Where CNCS’s notice of proposed
decision is based upon a specific charge
of the sponsor’s material failure to
comply with an applicable term(s) or
condition(s) of the DVSA, the
regulations in this Part, VISTA program
policy, or an applicable Memorandum
of Agreement, the notice shall offer the
sponsor an opportunity period to
respond in writing to the notice, with
any affidavits or other supporting
documentation, and to request an
informal hearing before a mutually
agreed-upon impartial hearing officer.
The authority of such a hearing officer
shall be limited to conducting the
hearing and offering recommendations
to CNCS. Regardless of whether or not
an informal hearing takes place, CNCS
shall retain full authority to make the
final determination whether the VISTA
assistance is denied or reduced, as
appropriate.
(c) If the recipient requests an
informal hearing, as set forth above in
accordance with paragraph (b) of this
section, such hearing shall be held at a
date specified by CNCS and held at a
location convenient to the sponsor.
(d) If CNCS’s proposed decision is
based, in whole or in part, on a specific
charge(s) of a sponsor’s material failure
to comply with an applicable term(s) or
condition(s) of an applicable
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Memorandum of Agreement, CNCS
shall inform the sponsor in the notice of
proposed decision of the opportunity to
show cause why VISTA assistance
should not be denied or reduced, as
appropriate. The notice shall provide
specific instructions regarding the
sponsor’s opportunity to respond in
writing to the notice and to request an
informal hearing before a mutually
agreed-upon impartial hearing officer.
Regardless of whether or not such an
informal hearing takes place, CNCS
shall retain full authority to make the
final determination whether the VISTA
assistance at issue shall be denied or
reduced, as appropriate.
(e) The recipient shall be informed of
CNCS’s final determination on whether
the VISTA assistance at issue shall be
denied or reduced, and the basis for the
determination.
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§ 2556.135 What is suspension? When
may CNCS suspend a VISTA project?
(a) Suspension is any action by CNCS
temporarily suspending or curtailing
assistance, in whole or in part, to all or
any part of a VISTA project, prior to the
time that the project term is concluded.
Suspension does not include the denial
or reduction of new or additional VISTA
assistance.
(b) In an emergency situation for up
to 30 consecutive days, CNCS may
suspend assistance to a sponsor, in
whole or in part, for the sponsor’s
material failure or threatened material
failure to comply with an applicable
term(s) or condition(s) of the DVSA, the
regulations in this Part, VISTA program
policy, or an applicable Memorandum
of Agreement. Such suspension in an
emergency situation shall be pursuant to
notice and opportunity to show cause
why assistance should not be
suspended.
(c) To initiate suspension
proceedings, CNCS shall notify the
sponsor in writing that CNCS is
suspending assistance in whole or in
part. The written notice shall contain
the following:
(1) The grounds for the suspension
and the effective date of the
commencement of the suspension;
(2) The sponsor’s right to submit
written material in response to the
suspension to show why the VISTA
assistance should not be suspended, or
should be reinstated, as appropriate;
and
(3) The opportunity to adequately
correct the deficiency, or deficiencies,
which led to CNCS’s notice of
suspension.
(d) In deciding whether to continue or
lift the suspension, as appropriate,
CNCS shall consider any timely material
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presented in writing, any material
presented during the course of any
informal meeting, as well as any
showing that the sponsor has adequately
corrected the deficiency which led to
the initiation of suspension.
(e) During the period of suspension of
a sponsor, no new expenditures, if
applicable, shall be made by the
sponsor’s VISTA project at issue and no
new obligations shall be incurred in
connection with the VISTA project at
issue except as specifically authorized
in writing by CNCS.
(f) CNCS may, in its discretion,
modify the terms, conditions, and
nature of the suspension or rescind the
suspension action at any time on its
own initiative or upon a showing that
the sponsor has adequately corrected
the deficiency or deficiencies which led
to the suspension and that repetition is
not foreseeable.
§ 2556.140 What is termination? When
may CNCS terminate a VISTA project?
(a) Termination means any action by
CNCS permanently terminating or
curtailing assistance to all or any part of
a sponsor’s VISTA project prior to the
time that the project term is concluded.
(b) CNCS may terminate assistance to
a sponsor in whole or in part for the
sponsor’s material failure to comply
with an applicable term(s) or
condition(s) of the DVSA, the
regulations in this Part, VISTA program
policy, or an applicable Memorandum
of Agreement.
(c) To initiate termination
proceedings, CNCS shall notify the
sponsor in writing that CNCS is
proposing to terminate assistance in
whole or in part. The written notice
shall contain the following:
(1) A description of the VISTA
assistance proposed for termination, the
grounds that warrant such proposed
termination, and the proposed date of
effective termination;
(2) Instructions regarding the
sponsor’s opportunity, within 21
calendar days from the date of issuance
of the notice, to respond in writing to
the merits of the proposed termination
and instructions regarding the sponsor’s
right to request a full and fair hearing
before a mutually agreed-upon impartial
hearing officer; and
(3) Invitation of voluntary action by
the sponsor to adequately correct the
deficiency or deficiencies which led to
CNCS’s notice of proposed termination.
(d) In deciding whether to effect
termination of VISTA assistance, CNCS
shall consider any relevant, timely
material presented in writing; any
relevant material presented during the
course of any full and fair hearing; as
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well as, any showing that the sponsor
has adequately corrected the deficiency
which led to the initiation of
termination proceedings.
(e) Regardless of whether or not a full
and fair hearing takes place, CNCS shall
retain all authority to make the final
determination as to whether the
termination of VISTA assistance is
appropriate.
(f) The sponsor shall be informed of
CNCS’s final determination on the
proposed termination of VISTA
assistance, and the basis or bases for the
determination.
(g) CNCS may, in its discretion,
modify the terms, conditions, and
nature of a termination action or rescind
a termination action at any time on its
own initiative or upon a showing that
the sponsor has adequately corrected
the deficiency which led to the
termination, or the initiation of
termination proceedings, and that
repetition is not threatened.
§ 2556.145 May CNCS pursue other
remedies against a VISTA project for a
sponsor’s material failure to comply with
any other requirement not set forth in this
Subpart?
The procedures established by this
Subpart shall not preclude CNCS from
pursuing any other remedies authorized
by law.
§ 2556.150 What activities are VISTA
members not permitted to perform as part
of service?
(a) A VISTA may not perform any
activities in the project application that
do not correspond with the purpose of
the VISTA program, as described in
§ 2556.1, or that the Director has
otherwise prohibited.
(b) A VISTA may not perform services
or duties as a VISTA member that
would otherwise be performed by
employed workers or other volunteers
(not including participants under the
DVSA and the National and Community
Service Act of 1990, as amended).
(c) A VISTA may not perform any
services or duties, or engage in activities
as a VISTA member, that supplant the
hiring of or result in the displacement
of employed workers or other volunteers
(not including participants under the
DVSA or the National and Community
Service Act of 1990, as amended).
(d) A VISTA may not perform any
services or duties, or engage in activities
as a VISTA member, which impair
existing contracts for service.
(e) The requirements of paragraphs
2556.150(b)–(d) of this section do not
apply when the sponsor requires the
service in order to avoid or relieve
suffering threatened by, or resulting
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and utilize funds to make cost share
payments on behalf of the sponsor.
from, a disaster, civil disturbance,
terrorism, or war.
(f) A sponsor or project shall not
request or receive any compensation
from a VISTA; from a beneficiary of
VISTA project services; or any other
source for services of a VISTA.
§ 2556.165 What Fair Labor Standards
apply to VISTA sponsors and projects?
§ 2556.155 May a sponsor manage a VISTA
project through a subrecipient?
(a) A sponsor may carry out a VISTA
project through one or more
subrecipients that meet the eligibility
criteria of § 2556.100.
(b) The sponsor must enter into a
subrecipient agreement with each
subrecipient. A subrecipient agreement
must have at least the following
elements:
(1) A project plan to be implemented
by the subrecipient;
(2) Records to be kept and reports to
be submitted;
(3) Responsibilities of the parties and
other program requirements; and
(4) Suspension and termination
policies and procedures.
(c) The sponsor retains the
responsibility for compliance with a
Memorandum of Agreement; the
applicable regulations in this Part; and
all applicable policies, procedures, and
guidance issued by CNCS regarding the
VISTA program.
(d) A sponsor shall not request or
receive any compensation from a
subrecipient for services performed by a
VISTA.
(e) A sponsor shall not receive
payment from, or on behalf of, the
subrecipient for costs of the VISTA
assistance, except in two limited
circumstances:
(1) For reasonable and actual costs
incurred by the sponsor directly related
to the subrecipient’s participation in a
VISTA project; and
(2) For any cost share related to a
VISTA placed with the subrecipient in
the VISTA project.
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§ 2556.160 What are the sponsor’s
requirements for cost share projects?
(a) A sponsor shall enter into a
written agreement for cost share as
prescribed by CNCS.
(b) A sponsor shall make timely cost
share payments as prescribed by CNCS
and applicable federal law and
regulations.
(c) In addition to other sources of
funds, a sponsor may use funds from
federal, state, or local government
agencies, provided the requirements of
those agencies and their programs are
met.
(d) Subject to review and approval by
CNCS, CNCS may enter into an
agreement with another entity to receive
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All sponsors and projects that employ
laborers and mechanics for
construction, alteration, or repair of
facilities shall pay wages at prevailing
rates as determined by the Secretary of
Labor in accordance with the DavisBacon Act, as amended, 40 U.S.C. 276a.
§ 2556.170 What nondiscrimination
requirements apply to sponsors?
(a) An individual with responsibility
for the operation of a project that
receives CNCS assistance must not
discriminate against a participant in, or
member of the staff of, such project on
the basis of race, color, national origin,
sex, age, or political affiliation of such
participant or staff member, or on the
basis of disability, if the participant or
staff member is a qualified individual
with a disability.
(b) Any CNCS assistance constitutes
Federal financial assistance for purposes
of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), title IX of the
Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794), and the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), and
constitutes Federal financial assistance
to an education program or activity for
purposes of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.).
(c) An individual with responsibility
for the operation of a project that
receives CNCS assistance may not
discriminate on the basis of religion
against a participant in such project or
a member of the staff of such project
who is paid with CNCS funds. This
provision does not apply to the
employment (with CNCS assistance) of
any staff member of a CNCS-supported
project who was employed with the
organization operating the project on the
date the CNCS assistance was awarded.
(d) Sponsors must notify all program
participants, staff, applicants, and
beneficiaries of:
(1) Their rights under applicable
federal nondiscrimination laws,
including relevant provisions of the
national service legislation and
implementing regulations; and
(2) The procedure for filing a
discrimination complaint. No sponsor
or subrecipient, or sponsor or
subrecipient employee, or individual
with responsibility for the
implementation or operation of a
sponsor or a subrecipient, shall
discriminate against a VISTA on the
basis of race, color, national origin,
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25647
gender, age, religion, or political
affiliation. No sponsor or subrecipient,
or sponsor or subrecipient employee, or
individual with responsibility for the
implementation or operation of a
sponsor or a subrecipient, shall
discriminate against a VISTA on the
basis of disability, if the VISTA is a
qualified individual with a disability.
§ 2556.175 What limitations are VISTA
sponsors subject to regarding religious
activities?
(a) A VISTA shall not give religious
instruction, conduct worship services or
engage in any form of proselytizing as
part of his or her duties.
(b) A sponsor or project may retain its
independence and may continue to
carry out its mission, including the
definition, development, practice, and
expression of its religious beliefs,
provided that it does not use any CNCS
assistance, including the services of any
VISTA or VISTA assistance, to support
any inherently religious activities, such
as worship, religious instruction, or
proselytizing, as part of the programs or
services assisted by the VISTA program.
If a VISTA sponsor or project conducts
such inherently religious activities, the
activities must be offered separately, in
time or location, from the programs or
services assisted under this Part by the
VISTA program.
Subpart C—VISTA Members
Authority: Secs. 103(b)(3), 103(f), 104(a),
104(b), 104(c), and 404(e), Pub. L. 93–113, as
amended.
§ 2556.200
VISTA?
Who may apply to serve as a
An individual may apply to serve as
a VISTA if all the following
requirements are met:
(a) The individual is at least eighteen
years of age upon taking an oath or
affirmation, as appropriate, to enter
VISTA service. There is no upper age
limit.
(b) The individual is a United States
citizen or national, or is legally residing
within a state. For eligibility purposes,
a lawful permanent resident alien is
considered to be an individual who is
legally residing within a state.
§ 2556.205 What commitments and
agreements must an individual make to
serve in the VISTA program?
(a) To the maximum extent
practicable, the individual must make a
full-time commitment to remain
available for service without regard to
regular working hours, at all times
during his or her period of service,
except for authorized periods of leave.
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(b) To the maximum extent
practicable, the individual must make a
full-time personal commitment to
alleviate poverty and poverty-related
problems, and to live among and at the
economic level of the low-income
people served by the project.
(c) The individual’s service cannot be
used to satisfy service requirements of
parole, probation, or community service
prescribed by the criminal justice
system.
(d) A VISTA candidate or member
agrees to undergo an investigation into
his or her criminal history or
background as a condition of
enrollment, or continued enrollment, in
the VISTA program.
§ 2556.210 Who reviews and approves an
application for VISTA service?
CNCS has the final authority to
approve or deny VISTA applications for
VISTA service.
Subpart D—Terms, Protections, and
Benefits of VISTA Members
Authority: Secs. 104(a), 104(b), 104(d), 105,
404(e), 415, and 419 of Pub. L. 93–113, as
amended; Sec. 146(c) of Pub. L. 101–610, as
amended.
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§ 2556.300 Is a VISTA considered a federal
employee? Is a VISTA considered an
employee of the sponsor?
(a) Except for the purposes listed here,
a VISTA is not considered an employee
of the federal government. A VISTA is
considered a federal employee only for
the following purposes:
(1) Federal Tort Claims Act—28
U.S.C. 1346(b); 28 U.S.C. 2671–2680;
(2) Federal Employees’ Compensation
Act—5 U.S.C. chapter 81, subchapter 1;
(3) Hatch Act—5 U.S.C. chapter 73,
subchapter III;
(4) Internal Revenue Service Code—
26 U.S.C. 1 et seq.; and
(5) Title II of the Social Security Act—
42 U.S.C. 401 et seq.
(b) A VISTA is not considered a
federal employee for any purposes other
than those set forth in paragraph (a) of
this section.
(c) A VISTA is not covered by federal
or state unemployment compensation
related to their enrollment or service in
the VISTA program. A VISTA’s service
is not considered employment for
purposes of eligibility for, or receipt of,
federal, state, or any other
unemployment compensation.
(d) Monetary allowances, such as
living allowances that VISTAs receive
during VISTA service are not
considered wages. Monetary
allowances, such as living allowances,
that VISTAs receive during VISTA
service are considered income for such
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purposes as federal income tax and
Social Security.
(e) A VISTA is not, under any
circumstances, considered an employee
of the sponsor or project to which he or
she is assigned to serve. No VISTA is in
an employment relationship with the
sponsor or project to which he or she is
assigned. The sponsor is not authorized
to make contributions to any state
unemployment compensation fund on a
VISTA’s behalf.
§ 2556.305 What is the duration and scope
of service for a VISTA?
(a) To serve as a VISTA, an individual
makes a full-time commitment for a
minimum of one year, without regard to
regular working hours.
(b) A VISTA carries out activities in
accordance with the purpose of the
VISTA program, as described in section
2556.1 of this Part.
(c) To the maximum extent
practicable, the VISTA shall live among
and at the economic level of the lowincome community served by the
project, and actively seek opportunities
to engage with that low-income
community without regard to regular
work hours.
(d) A VISTA carries out service
activities in conformance with the
sponsor’s approved project application,
including any description of a VISTA
assignment as contained in the project
application; and, in conformance with
the purpose of title I of the DVSA. In
any case where there is a conflict
between the project application and the
DVSA, the DVSA takes precedence.
(e) Under no circumstances may an
individual be enrolled to serve as a
VISTA beyond five years.
§ 2556.310 What are the lines of
supervision or oversight of a VISTA, a
VISTA sponsor and CNCS during a VISTA’s
term of service?
(a) The VISTA sponsor is responsible
for the day-to-day supervision and
oversight of the VISTA.
(b) CNCS is responsible for ongoing
monitoring and oversight of the VISTA
sponsor’s project where the VISTA is
assigned. CNCS is responsible for
selecting the VISTA, assigning the
VISTA to a project, removal of a VISTA
from a project, and VISTA separation
actions such as termination from the
VISTA program.
§ 2556.315 What are terms and conditions
for official travel for a VISTA?
(a) CNCS may provide official travel
for a VISTA candidate or a VISTA, as
appropriate, to attend CNCS-directed
activities, such as pre-service training,
placement at the project site, in-service
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training events, and return from the
project site to home of record.
(b) CNCS must approve all official
travel of a VISTA candidate or a VISTA,
including the mode of travel.
(c) CNCS may provide for official
emergency travel for a VISTA in case of
a natural disaster or the critical illness
or death of an immediate family
member.
§ 2556.320 What benefits may a VISTA
receive during VISTA service?
(a) A VISTA receives a living
allowance computed on a daily rate.
Living allowances vary according to the
local cost-of-living in the project area
where the VISTA is assigned.
(b) Subject to a maximum amount,
and at the discretion and upon approval
of CNCS, a VISTA may receive payment
for settling-in expenses, as determined
by CNCS.
(c) Subject to a maximum amount,
and at the discretion of CNCS, in the
event of an emergency (such as theft,
fire loss, or special clothing necessitated
by severe climate), a VISTA may receive
an emergency expense payment in order
to resume VISTA service activities, as
determined and approved by CNCS.
(d) Subject to a maximum amount,
and at the discretion of CNCS, a VISTA
may receive a baggage allowance for the
actual costs of transporting personal
effects to the project site to which the
VISTA is assigned to serve, as
determined by CNCS.
(e) To the extent eligible, a VISTA
may receive health care through a health
benefits program provided by CNCS.
(f) To the extent eligible, a VISTA may
receive child care support through a
child care program provided by CNCS.
(g) To the extent eligible, a VISTA
may elect to receive a Segal AmeriCorps
Education Award, and upon successful
completion of service, receive that
award in an amount prescribed by
CNCS, in accordance with the
applicable provisions of 45 CFR parts
2526, 2527, and 2528.
(1) A VISTA is eligible to elect to
receive a Segal AmeriCorps Education
Award if he or she is a citizen, national,
or lawful permanent resident alien of
the United States.
(2) A VISTA who elects a Segal
AmeriCorps Education Award is eligible
to request forbearance of a student loan
from his or her loan-holder. A VISTA
who elects a Segal AmeriCorps
Education Award may, upon successful
completion of service, be eligible to
receive up to 100 percent of the interest
accrued on a qualified student loan,
consistent with the applicable
provisions of 45 CFR 2529.
(3) A VISTA is not eligible to receive
more than an amount equal to the
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aggregate value of two full-time Segal
AmeriCorps Education Awards in his or
her lifetime.
(4) Other than for a summer associate,
the amount of a Segal AmeriCorps
Education Award for the successful
completion of a VISTA term of service
is equal to the maximum amount of a
Federal Pell Grant under Section 401 of
the Higher Education Act of 1965 (20
U.S.C. 1070a) that a student eligible for
such grant may receive in the aggregate
for the fiscal year in which the VISTA
has enrolled in the VISTA program.
(h) A VISTA who does not elect to
receive a Segal AmeriCorps Education
Award, upon successful completion of
service, receives an end-of-service
stipend in an amount prescribed by
CNCS.
(i) In the event that a VISTA does not
successfully complete a full term of
service, a VISTA shall not receive a prorated Segal AmeriCorps Education
Award or a pro-rated end-of-service
stipend, except in cases where the
appropriate State Program Director
determines the VISTA did not
successfully complete a full term of
service because of a compelling,
personal circumstance. Examples of a
compelling, personal circumstance are:
serious medical condition or disability
of a VISTA during VISTA service;
critical illness or disability of a VISTA’s
immediate family member (spouse,
domestic partner, parent, sibling, child,
or guardian) if this event makes
completing a term of service
unreasonably difficult; or unusual
conditions not attributable to the
VISTA, such as natural disaster, strike,
or premature closing of a project, that
make completing a term unreasonably
difficult or infeasible.
(j) In the event of a VISTA’s death
during service, his or her family or
others that he or she named as
beneficiary in accordance with section
5582 of title 5, United States Code, shall
be paid a pro-rated end-of-service
stipend for the period during which the
VISTA served. If the VISTA had elected
to receive the Segal AmeriCorps
Education Award for successful
completion of a full term of VISTA
service, prior to payment to the named
beneficiary, CNCS shall convert that
election to an end-of-service stipend
and pay the VISTA’s family, or others
that he or she named as beneficiary, a
pro-rated end-of-service stipend
accordingly.
§ 2556.325 May a VISTA be provided
coverage for legal defense expenses related
to VISTA service?
Under certain circumstances, as set
forth below in sections 2556.330
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through 2556.335, CNCS may pay
reasonable legal defense expenses
incurred in judicial or administrative
proceedings for the defense of a VISTA
serving in the VISTA program. Such
covered legal expenses consist of
counsel fees, court costs, bail, and other
expenses incidental to a VISTA’s legal
defense.
§ 2556.330 When may a VISTA be provided
coverage for legal defense expenses related
to criminal proceedings?
(a) For the legal defense of a VISTA
member who is charged with a criminal
offense related to the VISTA member’s
service, up to and including
arraignment in Federal, state, and local
criminal proceedings, CNCS may pay
actual and reasonable legal expenses.
CNCS is not required to pay any
expenses for the legal defense of a
VISTA member where he or she is
charged with a criminal offense arising
from alleged activity or action that is
unrelated to that VISTA’s service.
(b) A VISTA member’s service is
clearly unrelated to a charged offense:
(1) When the activity or action is
alleged to have occurred prior to the
VISTA member’s VISTA service.
(2) When the VISTA member is not at
his or her assigned project location,
such as during periods of approved
leave, medical leave, emergency leave,
or in administrative hold status in the
VISTA program.
(3) When the activity or action is
alleged to have occurred at or near his
or her assigned project, but is clearly not
part of, or required by, the VISTA
member’s service assignment.
(c) For the legal defense, beyond
arraignment in Federal, state, and local
criminal proceedings, of a VISTA
member who is charged with a criminal
offense, CNCS may also pay actual and
reasonable legal expenses:
(1) When the charged offense against
the VISTA member relates exclusively
to his or her VISTA assignment or status
as a VISTA member;
(2) When the charge offense against
the VISTA member arises from an
alleged activity or action that is a part
of, or required by, the VISTA member’s
VISTA assignment;
(3) When the VISTA member has not
admitted a willful or knowing violation
of law; or
(4) When the charged offense against
the VISTA member is not a minor
offense or misdemeanor, such as a
minor vehicle violation.
(d) Notwithstanding the above
paragraphs (a)–(c) of this section, there
may be situations in which the criminal
proceedings at issue arise from a matter
that also gives rise to a civil claim under
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25649
the Federal Tort Claims Act. In such a
situation, the U.S. Department of Justice
may, on behalf of the United States,
agree to defend the VISTA. If the U.S.
Department of Justice agrees to defend
the VISTA member, unless there is a
conflict between the VISTA member’s
interest and that of the United States,
CNCS will not pay for expenses
associated with any additional legal
representation (such as counsel fees for
private counsel) for the VISTA member.
§ 2556.335 When may a VISTA be provided
coverage for legal defense expenses related
to civil or administrative proceedings?
For the legal defense in Federal, state,
and local civil judicial and
administrative proceedings of a VISTA
member, CNCS may also pay actual and
reasonable legal expenses, where:
(a) The complaint or charge is against
the VISTA, and is directly related to his
or her VISTA service and not to his or
her personal activities or obligations;
(b) The VISTA has not admitted to
willfully or knowingly pursuing a
course of conduct that would result in
the plaintiff or complainant initiating
such a proceeding; and
(c) The judgment sought involves a
monetary award that exceeds $1,000.
§ 2556.340 What is non-competitive
eligibility and who is eligible for it?
(a) Non-competitive eligibility is a
status attained by an individual such
that the individual is eligible for
appointment by a federal agency in the
Executive branch, into a civil service
position in the federal competitive
service, in accordance with 5 CFR
315.605.
(b) An individual who successfully
completes at least a year-long term of
service as a VISTA, and who has not
been terminated for cause from the
VISTA program at any time, retains noncompetitive eligibility status for one
year following the end of the term of
service as a VISTA.
(c) In addition to the retention of the
one year of non-competitive eligibility
status as provided in (b) of this section,
an individual’s non-competitive
eligibility status may extend for two
more years to a total of three years if the
individual is:
(1) In the military service;
(2) Studying at a recognized
institution of higher learning; or
(3) In another activity which, in the
view of the federal agency referenced in
part (a) of this section, warrants
extension.
§ 2556.345
Who may present a grievance?
(a) Under the VISTA program
grievance procedure, a grievance may be
presented by any individual who is
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currently enrolled as a VISTA in the
VISTA program or who was enrolled as
a VISTA in the VISTA program within
the past 30 calendar days.
(b) A VISTA’s grievance shall not be
construed as reflecting on the VISTA’s
standing, performance, or desirability as
a VISTA.
(c) A VISTA who presents a grievance
shall not be subjected to restraint,
interference, coercion, discrimination,
or reprisal because of presentation of
views.
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§ 2556.350 What matters are considered
grievances?
(a) Under the VISTA program
grievance procedure, grievances are
matters of concern, brought by a VISTA,
that arise out of, and directly affect, the
VISTA’s service situation or that arise
out of a violation of a policy, practice,
or regulation governing the terms or
conditions of the VISTA’s service, such
that the violation results in the denial or
infringement of a right or benefit to the
VISTA member.
(b) Matters not within the definition
of a grievance as defined above in
section (a) are not grievable, and
therefore, are excluded from the VISTA
program grievance procedure. Though
not exhaustive, examples of matters
excluded from the VISTA program
grievance procedure are:
(1) Those matters related to a
sponsor’s or project’s continuance or
discontinuance; the number of VISTAs
assigned to a VISTA project; the
increases or decreases in the level of
support provided to a VISTA project;
the suspension or termination of a
VISTA project; or the selection or
retention of VISTA project staff.
(2) Those matters for which a separate
administrative procedure or complaint
process is provided, such as early
termination for cause, claims of
discrimination during service, and
federal worker’s compensation claims
filed for illness or injury sustained in
the course of carrying out VISTA
activities.
(3) Those matters related to any law,
published rule, regulation, policy, or
procedure.
(4) Those matters related to housing
during a VISTA member’s service.
(5) Those matters which are, by law,
subject to final administrative review
outside CNCS.
(6) Those matters related to actions
taken, or not taken, by a VISTA sponsor
or project, or CNCS, in compliance with
or in order to fulfill the terms of a
contract, grant, or other agreement
related to the VISTA program.
(7) Those matters related to the
internal management of CNCS, unless
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such matters are shown to specifically
and directly affect the VISTA’s service
situation or terms or conditions of his or
her VISTA service.
§ 2556.355 May a VISTA have access to
records as part of the VISTA grievance
procedure?
(a) A VISTA is entitled to review any
material in his or her official VISTA file
and any relevant CNCS records to the
extent permitted by the Freedom of
Information Act and the Privacy Act, 5
U.S.C. 552, 552a. Examples of materials
that may be withheld include references
obtained under pledge of
confidentiality, official VISTA files of
other VISTAs, and privileged intraagency documents.
(b) A VISTA may review relevant
materials in the possession of a sponsor
to the extent such materials are
disclosable by the sponsor under
applicable freedom of information act
and privacy laws.
§ 2556.360 How may a VISTA bring a
grievance?
(a) Bringing a grievance—Step 1:—(1)
While currently enrolled in the VISTA
program, or enrolled in the VISTA
program within the past 30 calendar
days, a VISTA may bring a grievance to
the sponsor or project where he or she
is assigned to serve within 15 calendar
days that the event giving rise to the
grievance occurs, or within 15 calendar
days after becoming aware of the event.
If the grievance arises out of a
continuing condition or practice that
individually affects a VISTA, while
enrolled the VISTA may bring it at any
time while he or she is affected by a
continuing condition or practice.
(2) A VISTA brings a grievance by
presenting it in writing to the executive
director, or comparable individual, of
the sponsoring organization where the
VISTA is assigned, or to the sponsor’s
representative who is designated to
receive grievances from a VISTA.
(3) The sponsor shall review and
respond in writing to the VISTA’s
grievance, within 10 calendar days of
receipt of the written grievance. The
sponsor may not fail to respond to a
complaint raised by a VISTA on the
basis that it is not an actual grievance,
or that it is excluded from coverage as
a grievance, but may, in the written
response, dismiss the complaint and
refuse to grant the relief requested on
either of those grounds.
(4) If the grievance brought by a
VISTA involves a matter over which the
sponsor has no substantial control or if
the sponsor’s representative is the
supervisor of the VISTA, the VISTA
may pass over the procedure set forth
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above in paragraphs (a)(1)–(a)(3) of this
section, and present the grievance in
writing directly to the State Program
Director, as described below in (b) of
this section.
(b) Bringing a grievance—Step 2:—(1)
If, after a VISTA brings a grievance as
set forth above in paragraphs (a)(1) and
(a)(2) of this section, the matter is not
resolved, he or she may submit the
grievance in writing to the appropriate
State Program Director. The VISTA must
submit the grievance to the State
Program Director either:
(i) Within seven calendar days of
receipt of the response of the sponsor;
or,
(ii) In the event the sponsor has not
issued a response to the VISTA within
10 calendar days of receipt of the
written grievance, within 17 calendar
days.
(2) If the grievance involves a matter
over which either the sponsor or project
has no substantial control or if the
sponsor’s representative is the
supervisor of the VISTA, as described
above in paragraph (a)(4) of this section,
the VISTA may pass over the procedure
set forth in above in paragraphs (a)(1)–
(a)(3) of this section, and submit the
grievance in writing directly to the State
Program Director. In such a case, the
VISTA must submit the grievance to the
State Program Director within 15
calendar days of the event giving rise to
the grievance occurs, or within 15
calendar days after becoming aware of
the event.
(3) Within ten working days of receipt
of the grievance, the State Program
Director shall respond in writing,
regardless of whether or not the matter
constitutes a grievance as defined under
this grievance procedure, and/or is
timely submitted. In the response, the
State Program Director may determine
that the matter submitted as a grievance
is not grievable, is not considered a
grievance, or fails to meet the time limit
for response. If the State Program
Director makes any such determination,
he or she may dismiss the complaint,
setting forth the reason(s) for the
dismissal. In such a case, the State
Program Director need not address the
complaint on the merits, nor make a
determination of the complaint on the
merits.
§ 2556.365 May a VISTA appeal a
grievance?
(a) The VISTA may appeal in writing
to the appropriate Area Manager the
response of the State Program Director
to the grievance, as set forth in
§ 2556.360(b)(3). To be eligible to appeal
a grievance response to the Area
Manager, the VISTA must have
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exhausted all appropriate actions as set
forth in § 2556.360.
(b) A VISTA’s grievance appeal must
be in writing and contain sufficient
detail to identify the subject matter of
the grievance, specify the relief
requested, and be signed by the VISTA.
(c) The VISTA must submit a
grievance appeal to the appropriate Area
Manager no later than 10 calendar days
after the State Program Director issues
his or her response to the grievance.
(d) Certain matters contained in a
grievance appeal may be rejected, rather
than denied on the merits, by the Area
Manager. A grievance appeal may be
rejected, in whole or in part, for any of
the following reasons:
(1) The grievance appeal was not
submitted to the appropriate Area
Manager within the time limit specified
above in (c) of this section;
(2) The grievance appeal consists of
matters not contained within the
definition of a grievance, as specified in
section § 2556.350(a);
(3) The grievance appeal consists of
matters excluded from the VISTA
program grievance procedure, as
specified in § 2556.350(b); or
(4) The grievance appeal contains
matters that are moot, or for which relief
has otherwise been granted.
(e) Within 14 calendar days of receipt
of the grievance, the appropriate Area
Manager shall decide the grievance
appeal on the merits, or reject the
grievance appeal in whole or in part, or
both, as appropriate. The Area Manager
shall notify the VISTA in writing of the
decision and specify the grounds for the
appeal decision. The appeal decision
shall include a statement of the basis for
the decision and is a final decision of
CNCS.
Subpart E—Termination for Cause
Procedures
Authority: Secs. 103(b), 103(c), 103(f), and
404(e), Pub. L. 93–113, as amended.
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§ 2556.400 What is termination for cause?
What are the criteria for termination for
cause?
(a) Termination for cause is discharge
of a VISTA from the VISTA program
due to a deficiency, or deficiencies, in
conduct or performance.
(b) CNCS may terminate for cause a
VISTA for any of the following reasons:
(1) Conviction of any criminal offense
under Federal, State, or local statute or
ordinance;
(2) Violation of any provision of the
Domestic Service Volunteer Act of 1973,
as amended, or any CNCS or VISTA
program policy, regulation, or
instruction;
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(3) Failure, refusal, or inability to
perform prescribed project duties as
outlined in the project plan, assignment
description, or as directed by the
sponsor to which the VISTA is assigned;
(4) Involvement in activities which
substantially interfere with the VISTA’s
performance of project duties;
(5) Intentional false statement,
misrepresentation, omission, fraud, or
deception in seeking to obtain selection
as a VISTA in the VISTA program;
(6) Any conduct on the part of the
VISTA which substantially diminishes
his or her effectiveness as a VISTA; or
(7) Unsatisfactory performance of an
assignment.
25651
(a) The head of a sponsoring
organization, or his or her designee, may
request that CNCS remove a VISTA
assigned to its project. Any such request
must be submitted in writing to the
appropriate State Program Director and
should state the reasons for the request.
(b) The State Program Director may, at
his or her discretion, attempt to resolve
the situation with the sponsor so that an
alternative solution other than removal
of the VISTA from the project
assignment is reached.
(c) When an alternative solution, as
referenced above in 2556.410(b) of this
section is not sought, or is not reached
within a reasonable time period, the
State Program Director shall remove the
VISTA from the project.
Director when CNCS removes a VISTA
from a project assignment due to an
alleged deficiency, or alleged
deficiencies, in conduct or performance.
(b) The State Program Director or
other CNCS State Office staff, to the
extent practicable, communicates the
matter with the VISTA who is removed
from a VISTA project and the
administrative procedures as set forth
below in §§ 2556.420(c) through (e) are
followed.
(c) The State Program Director shall
notify VISTA in writing of CNCS’s
proposal to terminate for cause. The
written proposal to terminate him or her
for cause must give the VISTA the
reason(s) for the proposed termination,
and notify him or her that he or she has
10 calendar days within which to
answer in writing the proposal to
terminate him or her for cause, and to
furnish any accompanying statements or
written material. The VISTA must
submit any answer to the appropriate
State Program Director identified in the
written proposal to terminate for cause
within the deadline specified in the
proposal to terminate for cause.
(d) Within 10 calendar days of the
expiration of the VISTA’s deadline to
answer the proposal to terminate for
cause, the appropriate State Program
Director shall issue a written decision
regarding the proposal to terminate for
cause.
(1) If the decision is to terminate the
VISTA for cause, the decision shall set
forth the reasons for the determination
and the effective date of termination
(which may be on or after the date of the
decision).
(2) If the decision is not to terminate
the VISTA for cause, the decision shall
indicate that the proposal to terminate
for cause is rescinded.
(e) A VISTA who does not submit a
timely answer to the appropriate State
Program Director, as set forth in
paragraph (c) of this section, is not
entitled to appeal the decision regarding
the proposal to terminate for cause. In
such cases, CNCS may terminate the
VISTA for cause, on the date identified
in the decision, and the termination
action is final.
§ 2556.415 May CNCS remove a VISTA
from a project without the sponsor’s
request for removal?
§ 2556.425 May a VISTA appeal his or her
termination for cause?
Of its own accord, CNCS may remove
a VISTA from a project assignment
without the sponsor’s request for
removal.
(a) Within 10 calendar days of the
appropriate State Program Director’s
issuance of the decision to terminate the
VISTA for cause, as set forth above in
§ 2556.420(d), the VISTA may appeal
the decision to the appropriate Area
Manager. The appeal must be in writing
and specify the reasons for the VISTA’s
disagreement with the decision.
§ 2556.405 Who has sole authority to
remove a VISTA from a VISTA project? Who
has sole authority to terminate a VISTA
from the VISTA program?
(a) CNCS has the sole authority to
remove a VISTA from a project where
he or she has been assigned.
(b) CNCS has the sole authority to
terminate for cause, or otherwise
terminate, a VISTA from the VISTA
program.
(c) Neither the sponsoring
organization nor any of its subrecipients
has the authority to remove a VISTA
from a project or to terminate a VISTA
for cause, or for any other basis, from
the VISTA program.
§ 2556.410 May a sponsor request that a
VISTA be removed from its project?
§ 2556.420 What are termination for cause
proceedings?
(a) Termination for cause proceedings
are initiated by the State Program
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(b) CNCS shall not incur any expenses
or travel allowances for the VISTA in
connection with the preparation or
presentation of the appeal.
(c) The VISTA may have access to
records as follows:
(1) The VISTA may review any
material in the VISTA’s official CNCS
file and any relevant CNCS records to
the extent permitted by the Freedom of
Information Act and the Privacy Act, 5
U.S.C. 552, 552a. Examples of
documents that may be withheld
include references obtained under
pledge of confidentiality, official files of
other program participants, and
privileged intra-agency documents.
(2) The VISTA may review relevant
records in the possession of a sponsor
to the extent such documents are
disclosable by the sponsor under
applicable freedom of information act
and privacy laws.
(d) Within 14 calendar days of receipt
of any appeal by the VISTA, the Area
Manager or equivalent CNCS official
shall issue a written appeal
determination. The appeal
determination shall indicate the reasons
for such an appeal determination. The
appeal determination shall be final.
(a) From time-to-time, the State
Program Director invites sponsors
within the state to apply for one or more
positions for individuals to serve as
summer associates at the sponsor’s
VISTA project.
(b) Subject to VISTA assistance
availability, CNCS approves the
establishment of summer associate
positions based on the following factors:
(1) The need in the community, as
demonstrated by the sponsor, for the
performance of project activities by a
summer associate(s);
(2) The content and quality of summer
associate project plans;
(3) The capacity of the sponsor to
implement the summer associate project
activities; and
(4) The sponsor’s compliance with all
applicable parts of the DVSA, VISTA
program policy, and the sponsor’s
Memorandum of Agreement, which
incorporates their project application.
§ 2556.505 How do summer associates
differ from other VISTAs?
(a) Only a VISTA whose early
termination from the VISTA program is
for cause, and who has answered the
proposal to terminate him or her for
cause in a timely manner, as set forth in
§ 2556.420(c), is entitled to appeal the
early termination action, as referenced
in § 2556.425. A termination for cause is
based on a deficiency, or deficiencies, in
the performance or conduct of a VISTA.
(b) The following types of early
terminations from the VISTA program
are not terminations for cause, and are
not entitled to appeal under the early
termination appeal procedure set forth
in §§ 2556.420 and 2556.425:
(1) Resignation from the VISTA
program prior to the issuance of a
decision to terminate for cause, as set
forth in § 2556.420(d);
(2) Early termination from the VISTA
program because a VISTA did not
secure a suitable reassignment to
another project; and
(3) Medical termination from the
VISTA program.
Summer associates differ from other
VISTAs in the following ways:
(a) Summer associates are not eligible
to receive:
(1) Health care through a health
benefits program provided by CNCS;
(2) Child care support through a child
care program provided by CNCS;
(3) Payment for settling-in expenses;
or
(4) Non-competitive eligibility in
accordance with 5 CFR 315.605.
(b) Absent extraordinary
circumstances, summer associates are
not eligible to receive:
(1) Payment for travel expenses
incurred for travel to or from the project
site to which the summer associate is
assigned; or
(2) A baggage allowance for the costs
of transporting personal effects to or
from the project site to which the
summer associate is assigned to serve.
(c) CNCS may discharge a summer
associate due to a deficiency, or
deficiencies, in conduct or performance.
Summer associates are not subject to
Subpart E of this Part, or to the
grievance procedures provided to
VISTAs set forth above in sections
2556.345 through 2556.365.
Subpart F—Summer Associates
Subpart G—VISTA Leaders
Authority: Secs. 104(d) and 104(e), Pub. L.
93–113, as amended.
Authority: Sec. 104(b), Pub. L. 93–113, as
amended.
§ 2556.430 Is a VISTA who is terminated
early from the VISTA program for other than
cause entitled to appeal under these
procedures?
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§ 2556.500 How is a position for a summer
associate established in a project?
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§ 2556.600 How is a position for a leader
established in a project, or in multiple
projects within a contiguous geographic
region?
(a) At its discretion, CNCS may
approve the establishment of a leader
position based on the following factors:
(1) The need for a leader in a project
of a substantial size and with multiple
VISTAs assigned to serve at that project,
or the need for leader for multiple
projects located within a contiguous
geographic region.
(2) The need for a leader to assist with
the communication of VISTA policies
and administrative procedures to
VISTAs within a project, or throughout
the multiple projects within a
contiguous geographic region, as
applicable.
(3) The need for a leader to assist with
the professional development of VISTAs
within a project, or throughout the
multiple projects within a contiguous
geographic region, as applicable.
(4) The need for a leader to assist with
the recruitment and preparation for the
arrival of VISTAs within a project, or
throughout the multiple projects within
a contiguous geographic region, as
applicable.
(5) The capacity of the VISTA
supervisor to support and guide the
leader.
(b) A sponsor may request, in its
project application, that CNCS establish
a leader position in its project.
§ 2556.605 Who is eligible to apply to
serve as a leader?
An individual is eligible to apply to
serve as a leader if he or she has
successfully completed any of the
following:
a) At least one year of service as a
VISTA;
b) At least one full term of service as
a full-time AmeriCorps State and
National member;
c) At least one full term of service as
a member of the AmeriCorps National
Civilian Community Corps (NCCC); or
d) At least one traditional term of
service as a Peace Corps Volunteer.
§ 2556.610 What is the application process
to apply to become a leader?
(a) Application Package: An eligible
individual must apply in writing to
CNCS to become a leader. The sponsor’s
recommendation and related materials,
described below in 2556.610 (b) of this
section, must be included with the
individual’s application to become a
leader.
(b) Sponsor Recommendation: A
sponsor where an individual is seeking
to serve as a leader must recommend in
writing to CNCS the individual to
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become a leader. Included with the
recommendation must be an evaluation
of the individual’s performance while in
previous service, a description of
specific tasks, responsibilities,
qualifications, and other relevant
information that justifies the placement
of the individual in a leader position,
and if appropriate, the establishment of
a leader position.
(c) Selection: CNCS shall have sole
authority to select a leader. The criteria
for selection shall include consideration
of the individual’s application and the
sponsor’s recommendation described in
§ 2556.610(b).
§ 2556.615 Who reviews a leader
application? Who approves or disapproves
a leader application?
CNCS reviews the application
package for the leader position,
considers the recommendation of the
sponsor, and approves or disapproves
the individual to serve as a leader.
§ 2556.620 How does a leader differ from
other VISTAs?
The application process to apply to
become a leader, as described in
§ 2556.610, is separate and distinct from
the application process to apply to
enroll as a VISTA in the VISTA
program;
(a) A leader may receive a living
allowance computed at a higher daily
rate than other VISTAs, as authorized
under section 105(a)(1)(B) of the DVSA.
(b) A leader is subject to all the terms
and conditions of service described in
§ 2556.625 of this subpart.
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§ 2556.625 What are terms and conditions
of service for a leader?
Though not exhaustive, terms and
conditions of service as a leader
include:
(a) A leader makes a full-time
commitment to serve as a leader,
without regard to regular working hours,
for a minimum of one year.
(b) To the maximum extent
practicable, a leader shall live among
and at the economic level of the lowincome community served by the
project and actively seek opportunities
to engage with that low-income
community.
(c) A leader aids the communication
of VISTA policies and administrative
procedures to VISTAs.
(d) A leader assists with the
leadership development of VISTAs.
(e) A leader is a resource in the
development and delivery of training for
VISTAs.
(f) A leader may assist the sponsor
with recruitment and preparation for the
arrival of VISTAs.
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(g) A leader may advise a supervisor
on potential problem areas and needs of
VISTAs.
(h) A leader aids VISTAs in the
development of effective working
relationships and understanding of
VISTA program concepts.
(i) A leader may aid the supervisor
and sponsor in directing or focusing the
VISTA project to best address the
community’s needs.
(j) A leader may serve as a collector
of data for performance measures of the
project and the VISTAs.
(k) A leader is prohibited from
supervising VISTAs. A leader is also
prohibited from handling or managing,
on behalf of the project, personnelrelated matters affecting VISTAs.
Personnel-related matters affecting
VISTAs must be managed and handled
by the project and in coordination with
the appropriate CNCS State Office.
Subpart H—Restrictions and
Prohibitions on Political Activities and
Lobbying
Authority Secs. 104(a), 403, and 415(b),
Pub. L. 93–113, as amended.
§ 2556.700
subpart?
Who is covered by this
(a) All VISTAs, including leaders and
summer associates, are subject to this
Subpart.
(b) All employees of VISTA sponsors
and projects, whose salaries or other
compensation are paid, in whole or in
part, with VISTA grant assistance are
subject to this Subpart.
(c) All VISTA sponsors and projects
are subject to this subpart.
§ 2556.705
activity?
What is prohibited political
For purposes of the regulations in this
subpart, ‘‘prohibited political activity’’
means an activity directed toward the
success or failure of a political party,
candidate for partisan political office, or
partisan political group.
§ 2556.710 What political activities are
VISTAs prohibited from engaging in?
(a) A VISTA may not use his or her
official authority or influence to
interfere with or affect the result of an
election.
(b) A VISTA may not use his or her
official authority or influence to coerce
any individual to participate in political
activity.
(c) A VISTA may not use his or her
official VISTA program title while
participating in prohibited political
activity.
(d) A VISTA may not participate in
prohibited political activities in the
following circumstances:
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25653
(1) While he or she is on duty;
(2) While he or she is wearing an
article of clothing, logo, insignia, or
other similar item that identifies CNCS,
the VISTA program, or one of CNCS’s
other national service programs;
(3) While he or she is in any room or
building occupied in the discharge of
VISTA duties by an individual
employed by the sponsor; and
(4) While using a vehicle owned or
leased by a sponsor or project, or while
using a privately-owned vehicle in the
discharge of VISTA duties.
§ 2556.711 What political activities may a
VISTA participate in?
(a) Provided that paragraph (b) of this
section is fully adhered to, a VISTA
may:
(1) Express his or her opinion
privately and publicly on political
subjects;
(2) Be politically active in connection
with a question which is not specifically
identified with a political party, such as
a constitutional amendment,
referendum, approval of a municipal
ordinance, or any other question or
issue of similar character;
(3) Participate in the nonpartisan
activities of a civic, community, social,
labor, or professional organization, or of
a similar organization; and
(4) Participate fully in public affairs,
except as prohibited by other Federal
law, in a manner which does not
compromise his or her efficiency or
integrity as a VISTA, or compromise the
neutrality, efficiency, or integrity of
CNCS or the VISTA program.
(b) A VISTA may participate in
political activities set forth above in
paragraph (a) as long as such
participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interfere with his or her
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
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§ 2556.712 May VISTAs participate in
political organizations?
(a) Provided that paragraph (b) of this
section is fully adhered to, and in
accordance with the prohibitions set
forth in § 2556.710, a VISTA may:
(1) Be a member of a political party
or other political group and participate
in its activities;
(2) Serve as an officer of a political
party or other political group, a member
of a national, State, or local committee
of a political party, an officer or member
of a committee of a political group, or
be a candidate for any of these
positions;
(3) Attend and participate fully in the
business of nominating caucuses of
political parties;
(4) Organize or reorganize a political
party organization or political group;
(5) Participate in a political
convention, rally, or other political
gathering; and
(6) Serve as a delegate, alternate, or
proxy to a political party convention.
(b) A VISTA may participate in a
political organization as long as such
participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interfere with the
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
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§ 2556.713 May VISTAs participate in
political campaigns?
(a) Provided that paragraph (b) of this
section is fully adhered to, and in
accordance with the prohibitions set
forth above in § 2556.710, a VISTA may:
(1) Display pictures, signs, stickers,
badges, or buttons associated with
political parties, candidates for partisan
political office, or partisan political
groups, as long as these items are
displayed in accordance with the
prohibitions set forth above in
§ 2556.710;
(2) Initiate or circulate a nominating
petition for a candidate for partisan
political office;
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(3) Canvass for votes in support of or
in opposition to a partisan political
candidate or a candidate for political
party office;
(4) Endorse or oppose a partisan
political candidate or a candidate for
political party office in a political
advertisement, broadcast, campaign
literature, or similar material; and
(5) Address a convention caucus,
rally, or similar gathering of a political
party or political group in support of or
in opposition to a partisan political
candidate or a candidate for political
party office.
(b) A VISTA may participate in a
political campaign as long as such
participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interfere with the
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
§ 2556.714 May VISTAs participate in
elections?
(a) Provided that paragraph (b) of this
section is fully adhered to, and in
accordance with the prohibitions set
forth above in § 2556.710, a VISTA may:
(1) Register and vote in any election;
(2) Act as recorder, watcher,
challenger, or similar officer at polling
places;
(3) Serve as an election judge or clerk,
or in a similar position; and
(4) Drive voters to polling places for
a partisan political candidate, partisan
political group, or political party.
(5) Participate in voter registration
activities.
(b) A VISTA may participate in
elections as long as such participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interfere with the
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
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Sfmt 4702
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
§ 2556.715 May a VISTA be a candidate for
public office?
(a) Except as provided in paragraph
(c) of this section, no VISTA may run for
the nomination to, or as a candidate for
election to, partisan political office.
(b) In accordance with the
prohibitions set forth in § 2556.710, a
VISTA may participate in elections as
long as such participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interference with the
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
(c) Provided that paragraphs (a) and
(b) of this section are adhered to, and in
accordance with the prohibitions set
forth in § 2556.710, a VISTA may:
(1) Run as an independent candidate
in a partisan election in designated U.S.
municipalities and political
subdivisions as set forth at 5 CFR part
733; and
(2) Run as a candidate in a nonpartisan election.
§ 2556.716 May VISTAs participate in
political fundraising activities?
(a) Provided that paragraphs (b)–(d)
below of this section are fully adhered
to, and in accordance with the
prohibitions set forth in § 2556.710, a
VISTA may:
(1) Make a political contribution to a
political party, political group,
campaign committee of a candidate for
public office in a partisan election;
(2) Attend a political fundraiser; and
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(3) Solicit, accept, or receive
uncompensated volunteer services for a
political campaign from any individual.
(b) A VISTA may participate in
fundraising activities as long as such
participation:
(1) Does not interfere with the
performance of, or availability to
perform, his or her assigned VISTA
project duties;
(2) Does not interfere with the
provision of service in the VISTA
program;
(3) Is not conducted in a manner
involving the use of VISTA assistance,
resources or funds;
(4) Would not result in the
identification of the VISTA as being a
participant in or otherwise associated
with the VISTA program;
(5) Is not conducted during scheduled
VISTA service hours; and
(6) Does not interfere with the fulltime commitment to remain available
for VISTA service without regard to
regular working hours, at all times
during periods of service, except for
authorized periods of leave.
(c) A VISTA may not knowingly:
(1) Personally solicit, accept, or
receive a political contribution from
another individual;
(2) Personally solicit political
contributions in a speech or keynote
address given at a fundraiser;
(3) Allow his or her perceived or
actual affiliation with the VISTA
program, or his or her official title as a
VISTA, to be used in connection with
fundraising activities; or
(4) Solicit, accept, or receive
uncompensated individual volunteer
services from a subordinate, (e.g., a
leader may not solicit, accept or receive
a political contribution from a VISTA).
(d) Except for VISTAs who reside in
municipalities or political subdivisions
designated under 5 CFR part 733, no
VISTA may accept or receive a political
contribution on behalf of an individual
who is a candidate for local partisan
political office and who represents a
political party.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
§ 2556.717 Are VISTAs prohibited from
soliciting or discouraging the political
participation of certain individuals?
(a) A VISTA may not knowingly
solicit or discourage the participation in
any political activity of any individual
who has an application for any
compensation, grant, contract, ruling,
license, permit, or certificate pending
before CNCS or the VISTA program.
(b) A VISTA may not knowingly
solicit or discourage the participation of
any political activity of any individual
who is the subject of, or a participant in,
an ongoing audit, investigation, or
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enforcement action being carried out by
or through CNCS or the VISTA program.
§ 2556.718 What restrictions and
prohibitions are VISTAs subject to who
campaign for a spouse or family member?
A VISTA who is the spouse or family
member of either a candidate for
partisan political office, candidate for
political party office, or candidate for
public office in a nonpartisan election,
is subject to the same restrictions and
prohibitions as other VISTAs, as set
forth in § 2556.713.
§ 2556.719 May VISTAs participate in
lawful demonstrations?
In accordance with the prohibitions
set forth in § 2556.710, VISTAs may
participate in lawful demonstrations,
political rallies, and other political
meetings, so long as such participation
is in conformance with all of the
following:
(a) Occurs only while on authorized
leave or while otherwise off duty;
(b) Does not include attempting to
represent, or representing the views of
VISTAs or the VISTA program on any
public issue;
(c) Could not be reasonably
understood by the community as being
identified with the VISTA program, the
project, or other elements of VISTA
service; and
(d) Does not interfere with the
discharge of VISTA duties.
§ 2556.720 May a sponsor approve the
participation of a VISTA in a demonstration
or other political meeting?
(a) No VISTA sponsor shall approve a
VISTA to be involved in planning,
initiating, participating in, or otherwise
aiding or assisting in any demonstration
or other political meeting.
(b) Any VISTA sponsor which,
subsequent to the receipt of any CNCS
financial assistance, including the
assignment of VISTAs, approves the
participation of a VISTA in a
demonstration or other political
meeting, shall be subject to procedures
related to the suspension or termination
of such assistance, as provided in
Subpart B, §§ 2556.135 to 2556.140.
§ 2556.721 What disciplinary actions are
VISTAs subject to for violating restrictions
or prohibitions on political activities?
Violations by a VISTA of any of the
prohibitions or restrictions set forth in
this Subpart may warrant termination
for cause, in accordance with
proceedings set forth at §§ 2556.420,
2556.425, and 2556.430.
§ 2556.722 What are the requirements of
VISTA sponsors regarding political
activities?
(a) All sponsors are required to:
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25655
(1) Understand the restrictions and
prohibitions on the political activities of
VISTAs, as set forth in this Subpart;
(2) Provide training to VISTAs on all
applicable restrictions and prohibitions
on political activities, as set forth in this
Subpart, and use training materials that
are consistent with these restrictions
and prohibitions;
(3) Monitor on a continuing basis the
activity of VISTAs for compliance with
this Subpart; and
(4) Report all violations, or
questionable situations, immediately to
the appropriate CNCS State Office.
(b) Failure of a sponsor to comply
with the requirements of this Subpart,
or a violation of the requirements
contained in this Subpart by the sponsor
or project, sponsor or project’s covered
employees, agents, or VISTAs, may be
deemed to be a material failure to
comply with terms or conditions of the
VISTA program. In such a case, the
sponsor shall be subject to procedures
related to the denial or reduction, or
suspension or termination, of such
assistance, as provided in §§ 2556.125,
2556.130, and 2556.140.
§ 2556.723 What prohibitions and
restrictions on political activity apply to
employees of VISTA sponsors or projects?
(a) All employees of VISTA sponsors
and projects, whose salaries or other
compensation are paid, in whole or in
part, with VISTA funds are subject to all
applicable prohibitions and restrictions
described in this Subpart in the
following circumstances:
(1) Whenever they are engaged in an
activity that is supported by CNCS or
VISTA funds or assistance; and
(2) Whenever they identify
themselves as acting in their capacity as
an official of a VISTA project that
receives CNCS or VISTA funds or
assistance, or could reasonably be
perceived by others as acting in such a
capacity.
§ 2556.724 What prohibitions on lobbying
activities apply to VISTA sponsors?
(a) No VISTA sponsor shall assign a
VISTA to perform service or engage in
activities related to influencing the
passage or defeat of legislation or
proposals by initiative petition.
(b) No VISTA sponsor shall use any
CNCS financial assistance, such as
VISTA funds or the services of a VISTA,
for any activity related to influencing
the passage or defeat of legislation or
proposals by initiative petition.
Dated: April 24, 2015.
Paul Monteiro,
Director, AmeriCorps VISTA.
[FR Doc. 2015–09998 Filed 5–4–15; 8:45 am]
BILLING CODE 6050–28–P
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Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25637-25655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09998]
=======================================================================
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1206, 1210, 1211, 1216, 1217, 1218, 1220, 1222, 1226,
2556
RIN 3045-AA36
Volunteers in Service to America
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS)
proposes new regulations under the Domestic Volunteer Service Act of
1973, as amended, and the National and Community Service Act of 1990,
as amended, for the Volunteers in Service to America (VISTA) program,
including certain changes to update existing regulations.
DATES: To be sure your comments are considered, they must reach CNCS on
or before July 6, 2015.
ADDRESSES: You may send your comments electronically through the
Federal government's one-stop
[[Page 25638]]
rulemaking Web site at www.regulations.gov. You may also send your
comments electronically to vistaregs@cns.gov. Also, you may mail or
deliver your comments to Calvin Dawson, AmeriCorps VISTA, at the
Corporation for National and Community Service, 1201 New York Avenue
NW., Washington, DC 20525. Due to continued delays in CNCS's receipt of
mail, we strongly encourage comments to be submitted online
electronically. You may request this notice in an alternative format
for the visually impaired. Members of the public may review copies of
all communications received on this rulemaking at CNCS's Washington DC
office.
FOR FURTHER INFORMATION CONTACT: Calvin Dawson, AmeriCorps VISTA, at
the Corporation for National and Community Service, 1201 New York
Avenue NW., Washington, DC 20525, phone 202-606-6897. The TDD/TTY
number is 800-833-3722.
SUPPLEMENTARY INFORMATION
I. Background
The Economic Opportunity Act of 1964 created the Volunteers in
Service to America (VISTA) program. The VISTA program, sometimes
referred to as the domestic Peace Corps, has operated since the first
VISTA volunteers (VISTAs or VISTA members) were placed in service in
December 1964.
In 1971, the VISTA program was transferred from the Office of
Economic Opportunity to the former Federal agency, ACTION (the Federal
Domestic Volunteer Agency). In 1973, Congress enacted the Domestic
Volunteer Service Act of 1973 (DVSA), the VISTA program's enabling
legislation. The VISTA program continues to retain its purpose, as
stated in the DVSA, ``to strengthen and supplement efforts to eliminate
and alleviate poverty and poverty-related problems in the United States
by encouraging and enabling individuals from all walks of life, all
geographical areas, and all age groups, including low-income
individuals, elderly and retired Americans, to perform meaningful and
constructive volunteer service in agencies, institutions, and
situations where the application of human talent and dedication may
assist in the solution of poverty and poverty-related problems and
secure and exploit opportunities for self-advancement by individuals
afflicted with such problems.''
In 1994, the Corporation for National and Community Service (CNCS)
was established pursuant to the National and Community Service Trust
Act of 1993; at this time, the operations of all service programs
previously administered by ACTION, including the VISTA program, began
to be administered by CNCS. The VISTA program also became known as the
AmeriCorps VISTA program, one of three AmeriCorps programs now
administered by CNCS. The other two programs were, and continue to be:
(1) The AmeriCorps State and National program; and (2) the AmeriCorps
National Civilian Community Corps (NCCC). Since 1994, the VISTA program
continues to be primarily operated and administered under the DVSA. The
other two AmeriCorps programs are operated under the National and
Community Service Act of 1990 (NCSA).
In 2009, Congress enacted the Edward M. Kennedy Serve America Act
of 2009 (Serve America Act), which contained certain amendments to both
the DVSA and the NCSA. With regard to the VISTA program, the Serve
America Act amendments largely related to the Segal AmeriCorps
Education Award, a type of end-of-service award for which a VISTA
member may be eligible upon successful completion of a term of VISTA
service.
II. Scope of Proposed Rule
This proposed rule covers core aspects of the VISTA program: (a)
Entities that are sponsors for VISTA projects; and (b) individuals who
are applicants, candidates, and VISTAs (including VISTA leaders and
VISTA summer associates), serving at project sites. This proposed rule
has four purposes.
First, it conforms the existing regulations to the fact that CNCS
administers the VISTA program. References in the existing regulations
to the former Federal agency, ACTION, and the administrative structure
of ACTION are changed to reflect CNCS and its administrative structure.
Second, this proposed rule codifies the VISTA rules in the same
location as the rules for CNCS's other programs. The existing VISTA
regulations are codified at 45 CFR parts 1206, 1210, 1211, 1216-1220,
1222, and 1226. This proposed rule places the VISTA regulations within
the regulations for CNCS and the other CNCS programs at 45 CFR parts
2505-2556.
On a related note, existing program regulations at 45 CFR parts
1206, 1216, 1220, and 1226, currently apply both to the VISTA program,
and to CNCS's National Senior Service Corps programs. This proposed
rule places existing program regulations, as they apply to the VISTA
program, at 45 CFR parts 2505-2556. Existing program regulations as
they apply to the National Senior Service Corps programs will remain,
at this time, at 45 CFR parts 1206, 1216, 1220, and 1226. To
accommodate the relocation of the existing program regulations as
applied to the VISTA program, certain technical changes to the existing
program regulations, as applied to the National Senior Service Corps
programs, are warranted. These technical changes are not substantive,
but are necessary to address the removal of references to the VISTA
program and to reflect CNCS and its current administrative structure.
Third, this proposed rule addresses regulations on the VISTA
program's elements. The existing regulations cover a limited range of
topics. This proposed rule covers a wide range of topics, and updates
the topics covered under existing regulations, including: VISTA
application and termination processes, volunteer grievance procedures,
competitive service eligibility, payment of volunteer legal expenses,
nondisplacement of workers, VISTA leaders and summer associates,
restrictions for VISTAs on certain political activities under the Hatch
Act and other federal laws, and participation of program beneficiaries.
Subpart A gives general program information: Purpose, basic program
design, definitions used in the proposed rule, and waiver. Subpart B
sets out requirements for a VISTA sponsor, and for a sponsor to support
a VISTA. Subpart C pertains to being a VISTA, and the requirements for
applying to become a VISTA. Subpart D provides the service terms,
protections, and benefits that apply to a VISTA. Subpart E addresses
termination for cause procedures. Subparts F and G, concern,
respectively, VISTA projects with summer associates, and VISTA projects
with VISTA leaders. Subpart H gives restrictions and prohibitions on
certain political activities for all VISTAs, sponsors, and project
sites.
Fourth, this proposed rule updates the provisions of the existing
regulations. These changes are described here:
As it applies to the VISTA program, 45 CFR part 1206, which deals
with project suspension and termination, is moved to 45 CFR part 2556,
subpart B with most substantive provisions remaining unchanged. Under
the proposed rule the provisions for suspension remain unchanged,
except that the provisions for summary suspension are eliminated and
the provisions for suspension on notice are retained. This has the
effect of giving notice to sponsors for all suspensions. Under the
proposed rule the provisions for termination remain unchanged,
[[Page 25639]]
except that a second CNCS review has been eliminated. Experience has
shown that a lengthy termination review process is not beneficial to
VISTAs at the project in question, unduly consumes the sponsor's staff
time and other resources, creates uncertainty for project
beneficiaries, and exhausts VISTA resources that could be put to use
for the benefit of project beneficiaries.
45 CFR part 1210, which deals chiefly with early termination of a
VISTA, is moved to 45 CFR part 2556, subpart E and changed to improve
the cost-effectiveness of the provisions and increase efficiency of
VISTA program functions. The new provisions for early termination
remain substantively the same in many respects. However, the early
termination for cause process is modified. While the process retains
more than sufficient due process in the form of written notification
and appeals at two levels, the inclusion of a hearing examiner in that
process is removed. Experience has shown that a multi-layered
termination process is protracted, unduly burdensome, and incompatible
with a service term that can last no more than a year's time. Such a
process creates potential harm to the operations of the project and its
beneficiaries where the VISTA had been assigned, prolongs uncertainty
for the VISTA subject to the process, and inordinately consumes VISTA
program resources that could be put to use for the benefit of project
beneficiaries.
45 CFR part 1211 on grievance procedures for VISTAs is moved to 45
CFR 2556.345-2556.365 and updated to reflect the use of electronic
communication technology and the speed at which it can operate. At
sections 2556.345-2556.365, the proposed rule clarifies when a VISTA
may present a grievance, what matters are considered grievances, and
specific steps for bringing a grievance and appealing a response, while
eliminating the inclusion of a grievance examiner in the process.
Longstanding experience has shown that CNCS has used its administrative
review and oversight to afford complaining parties more than sufficient
due process, and has effectively remedied inappropriate conditions
leading to grievances, without need of grievance examiner services.
When grievance examiner services have been invoked, the time, resources
and expense incurred by the VISTA program have substantially outweighed
the value provided to the parties involved.
45 CFR part 1216 on non-displacement of employed workers and non-
impairment of contracts for service is moved to 45 CFR 2556.150(b) -
2556.150(e), and the substantive provisions remain unchanged.
45 CFR part 1217 on leaders is moved to 45 CFR part 2556, subpart G
and clarifies primary aspects of the leader position in a project.
45 CFR part 1219 on non-competitive eligibility for VISTAs is moved
to 45 CFR 2556.340, and its substantive provisions remain unchanged.
45 CFR part 1220 on payment of legal expenses resulting from
service activities is moved to 45 CFR 2556.325-2556.335, and its
substantive provisions remain unchanged.
45 CFR part 1222 on participation of project beneficiaries is moved
to 45 CFR 2556.120, and its substantive provisions remain unchanged.
45 CFR part 1226 on prohibitions and restrictions on certain
political activities is moved to 45 CFR part 2556, subpart H and is
revised to complement the current limitations and permitted political
activities under the Hatch Act, 5 U.S.C. chapter 73, subchapter III. As
provided in the DVSA, VISTAs are subject to the requirements of the
Hatch Act because they are considered federal employees for purposes of
the Hatch Act, 42 U.S.C. 5055(b)(1).
III. Effective Date
CNCS intends to make any final rule based on this proposal
effective no sooner than 90 days after the final rule is published in
the Federal Register.
IV. Regulatory Procedures
Executive Order 12866
CNCS has determined that the proposed rule is not an ``economically
significant'' rule within the meaning of E.O. 12866 because it is not
likely to result in: (1) An annual effect on the economy of $100
million or more, or an adverse and material effect on a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government or communities;
(2) the creation of a serious inconsistency or interference with an
action taken or planned by another agency; (3) a material alteration in
the budgetary impacts of entitlement, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
the raising of novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.
Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605
(b)), CNCS certifies that this rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
This regulatory action will not result in (1) an annual effect on the
economy of $100 million or more; (2) a major increase in costs or
prices for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or (3) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
Therefore, CNCS 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.
Unfunded Mandates
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.
Paperwork Reduction Act
This proposed rule addresses the requirement that entities that
wish to apply to be VISTA sponsors complete an application to be a
VISTA sponsor that manages at least one VISTA project. Consistent with
this requirement is a document: the VISTA program's Project Application
(https://www.nationalservice.gov/programs/americorps/americorps-vista/sponsor-vista-project). Additionally this proposed rule addresses the
requirement that individuals who wish to apply to serve as VISTAs in
the federal VISTA program complete an application to serve as a VISTA.
This document is called an AmeriCorps Member Application and can be
found online at https://www.nationalservice.gov/programs/americorps/americorps-vista.
These requirements constitute two sets of information under the
Paperwork Reduction Act (PRA), 44 U.S.C. 507 et seq. OMB, in accordance
with the Paperwork Reduction Act, has previously approved these
information collections for use. The OMB Control Number for the two
collections of the Project Application and AmeriCorps Application are
3045-0038 and 3045-0054, respectively.
[[Page 25640]]
Under the PRA, an agency may not conduct or sponsor a collection of
information unless the collections of information displays valid
control numbers. This proposed rule's collections of information are
contained in 45 CFR 2556.120 and 2556.205 for the Project Application
and AmeriCorps Application, respectively.
This information is necessary to ensure that only eligible and
qualified entities serve as VISTA sponsors. This information is also
necessary to ensure that only eligible and suitable individuals are
approved by the VISTA program to serve as VISTAs in the VISTA program.
The likely respondents to these collections of information are
entities interested in or seeking to become VISTA sponsors, current
VISTA sponsors, and current and prospective VISTAs.
Executive Order 13132, Federalism
Executive Order 13132, Federalism, prohibits an agency from
publishing any rule that has Federalism implications if the rule
imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. The proposed rule does not have
any Federalism implications, as described above.
List of Subjects
45 CFR Part 1206
Volunteers.
45 CFR Part 1210
Volunteers.
45 CFR Part 1211
Volunteers.
45 CFR Part 1216
Volunteers.
45 CFR Part 1217
Volunteers.
45 CFR Part 1218
Volunteers.
45 CFR Part 1220
Volunteers.
45 CFR Part 1222
Volunteers.
45 CFR Part 1226
Volunteers
Elections, Lobbying.
45 CFR Part 2556
Volunteers, VISTA program.
For the reasons discussed in the preamble, under the authority of
42 U.S.C. 12651c(c), the Corporation for National and Community Service
proposes to amend chapters XII and XXV, title 45 of the Code of Federal
Regulations as follows:
PART 1206--GRANTS AND CONTRACTS--SUSPENSION AND TERMINATION AND
DENIAL OF APPLICATION FOR REFUNDING
0
1. The authority citation for part 1206 continues to read as follows:
Authority: 42 U.S.C. 5052.
0
2. In Sec. 1206.1-1, revise paragraph (a) to read as follows:
Sec. 1206.1-1 Purpose and scope.
(a) This subpart establishes rules and review procedures for the
suspension and termination of assistance of National Senior Service
Corps grants of assistance provided by the Corporation for National and
Community Service pursuant to sections of title II of the Domestic
Volunteer Service Act of 1973, Public Law 93-113, 87 Stat. 413
(hereinafter the DVSA) because a recipient failed to materially comply
with the terms and conditions of any grant or contract providing
assistance under these sections of the DVSA, including applicable laws,
regulations, issued program guidelines, instructions, grant conditions
or approved work programs.
* * * * *
0
3. Revise Sec. 1206.1-2 to read as follows:
Sec. 1206.1-2 Application of this part.
This subpart applies to programs authorized under title II of the
DVSA.
0
4. In Sec. 1206.1-3, revise paragraphs (c)-(f) to read as follows:
Sec. 1206.1-3 Definitions.
* * * * *
(c) The term responsible Corporation official means the CEO, Chief
Financial Officer, the Director of the National Senior Service Corps
programs, the appropriate Service Center Director and any Corporation
for National and Community Service (CNCS) Headquarters or State office
official who is authorized to make the grant or assistance in question.
In addition to the foregoing officials, in the case of the suspension
proceedings described in Sec. 1206.1-4, the term ``responsible
Corporation official'' shall also include a designee of a CNCS official
who is authorized to make the grant of assistance in question.
(d) The term assistance means assistance under title II of the DVSA
in the form of grants or contracts involving Federal funds for the
administration for which the Director of the National Senior Service
Corps programs has responsibility.
(e) The term recipient means a public or private agency,
institution or organization or a State or other political jurisdiction
which has received assistance under title II of the DVSA. The term
``recipient'' does not include individuals who ultimately receive
benefits under any DVSA program of assistance or National Senior
Service Corps volunteers participating in any program.
(f) The term agency means a public or private agency, institution,
or organization or a State or other political jurisdiction with which
the recipient has entered into an arrangement, contract or agreement to
assist in its carrying out the development, conduct and administration
of part of a project or program assisted under title II of the DVSA.
* * * * *
0
5. Revise Sec. 1206.2-1 to read as follows:
Sec. 1206.2-1 Applicability of this subpart.
This subpart applies to grantees and contractors receiving
financial assistance under title II of the DVSA. The procedures in the
subpart do not apply to review of applications for sponsors who receive
VISTA members under the DVSA.
0
6. Revise Sec. 1206.2-3 to read as follows:
Sec. 1206.2-3 Definitions.
As used in this subpart, ``Corporation'', ``CEO'', and
``recipient'' are defined in accordance with Sec. 1206.1-3.
Financial assistance and assistance include the services of
National Senior Service Corps volunteers supported in whole or in part
with CNCS funds under the DVSA.
Program account includes assistance provided by CNCS to support a
particular program activity; for example, Foster Grandparent Program,
Senior Companion Program and Retired Senior Volunteer Program.
Refunding includes renewal of an application for the assignment of
National Senior Service Corps volunteers.
0
7. In Sec. 1206.2-4, revise paragraph (g) to read as follows:
Sec. 1206.2-4 Procedures.
* * * * *
(g) If the recipient's budget period expires prior to the final
decision by the deciding official, the recipient's
[[Page 25641]]
authority to continue program operations shall be extended until such
decision is made and communicated to the recipient. If a National
Senior Service Corps volunteer's term of service expires after receipt
by a sponsor of a tentative decision not to refund a project, the
period of service of the volunteer may be similarly extended. No
volunteers may be reenrolled for a period of service while a tentative
decision not to refund is pending. If program operations are so
extended, CNCS and the recipient shall provide, subject to the
availability of funds, operating funds at the same levels as in the
previous budget period to continue program operations.
PART 1210--[REMOVED and RESERVED]
0
8. Remove and reserve Part 1210.
PART 1211--[REMOVED and RESERVED]
0
9. Remove and reserve Part 1211.
PART 1216--NONDISPLACEMENT OF EMPLOYED WORKERS AND NONIMPAIRMENT OF
CONTRACTS FOR SERVICE
0
10. The authority citation for part 1216 is revised to read as follows:
Authority: 42 U.S.C. 5044(a).
0
11. Revise Sec. 1216.1-1 to read as follows:
Sec. 1216.1-1 Purpose.
This part establishes rules to assure that the services of
volunteers in the Foster Grandparent Program, the Senior Companion
Program, and The Retired and Senior Volunteer Program (RSVP), are
limited to activities which would not otherwise be performed by
employed workers and which will not supplant the hiring of, or result
in the displacement of employed workers or impair existing contracts
for service. This part implements section 404(a) of the Domestic
Volunteer Service Act of 1973, Pub. L. 93-113 (the ``Act'').
0
12. In Sec. 1216.1-2, revise paragraph (a) to read as follows:
Sec. 1216.1-2 Applicability of this part.
(a) All volunteers in either the Foster Grandparent Program, the
Senior Companion Program, or The Retired and Senior Volunteer Program
(RSVP), who are assigned, referred or serving pursuant to grants,
contracts, or agreements made pursuant to the Act.
* * * * *
PART 1217--[REMOVED and RESERVED]
0
13. Remove and reserve Part 1217.
PART 1218--[REMOVED and RESERVED]
0
14. Remove and reserve Part 1218.
PART 1219--[REMOVED and RESERVED]
0
15. Remove and reserve Part 1219.
PART 1220--PAYMENT OF VOLUNTEER LEGAL EXPENSES
0
16. The authority citation for part 1220 is revised to read as follows:
Authority: 42 U.S.C. 5059.
0
17. Revise Sec. 1220.1-1 to read as follows:
Sec. 1220.1-1 Purpose.
This part implements section 419 of the Domestic Volunteer Service
Act of 1973, Public Law 93-113 (the ``Act''). This part provides rules
to ensure that the Corporation for National and Community Service,
which administers the three federal programs, the Foster Grandparent
Program (FGP), the Senior Companion Program (SCP), and The Retired and
Senior Volunteer Program (RSVP), pays the expenses incurred in judicial
and administrative proceedings for the defense of those volunteers
serving in those programs. Payment of such expenses by CNCS for those
volunteers include payment of counsel fees, court costs, bail or other
expenses incidental to the volunteer's defense.
0
18. In Sec. 1220.2-1, revise paragraph (a)(1) to read as follows:
Sec. 1220.2-1 Full-time volunteers.
(a)(1) The Corporation for National and Community Service will pay
all reasonable expenses for defense of full-time volunteers up to and
including the arraignment of Federal, state, and local criminal
proceedings, except in cases where it is clear that the charged offense
results from conduct which is not related to his service as a
volunteer.
* * * * *
0
19. In Sec. 1220.2-1, revise paragraph (c) to read as follows:
Sec. 1220.2-1 Full-time volunteers.
* * * * *
(c) Notwithstanding the foregoing, there may be situations in which
the criminal proceeding results from a situation which could give rise
to a civil claim under the Federal Tort Claims Act. In such situations,
the Justice Department may agree to defend the volunteer. In those
cases, unless there is a conflict between the volunteer's interest and
that of the government, the Corporation for National and Community
Service will not pay for additional private representation for the
volunteer.
* * * * *
0
20. In Sec. 1220.2-2, revise paragraph (a) introductory text and
paragraphs (a)(2) and (b) to read as follows:
Sec. 1220.2-2 Part-time volunteers.
(a) With respect to a part-time volunteer, the Corporation for
National and Community Service will reimburse a sponsor for the
reasonable expense it incurs for the defense of the volunteer in
Federal, state and local criminal proceedings, including arraignment,
only under the following circumstances:
* * * * *
(2) The volunteer receives, or is eligible to receive,
compensation, including allowances, stipend, or reimbursement for out-
of-pocket expenses, under a Corporation for National and Community
Service grant project; and
* * * * *
(b) In certain circumstances volunteers who are ineligible for
reimbursement of legal expenses by the Corporation for National and
Community Service may be eligible for representation under the Criminal
Justice Act (18 U.S.C. 3006A).
0
21. In Sec. 1220.2-3, revise paragraphs (a), (b) and (d) to read as
follows:
Sec. 1220.2-3 Procedure.
(a) Immediately upon the arrest of any volunteer under
circumstances in which the payment or bail to prevent incarceration or
other serious consequences to the volunteer or the retention of an
attorney prior to arraignment is necessary and is covered under
Sec. Sec. 1220.2-1 or 1220.2-2, sponsors shall immediately notify the
appropriate Corporation for National and Community Service state office
or if the state office cannot be reached, the appropriate Area Manager.
(b) Immediately after notification of the appropriate state office,
and with the approval thereof, the sponsor shall advance up to $500 for
the payment of bail or such other legal expenses as are necessary prior
to arraignment to prevent the volunteer from being incarcerated. In the
event it is subsequently determined that the Corporation for National
and Community Service or a sponsor is not responsible under this policy
for the volunteer's defense, any such advance may be recovered directly
from the volunteer or from allowances, stipends,
[[Page 25642]]
or out-of-pocket expenses which are payable or become payable to the
volunteer. In the case of a grassroots sponsor of full-time volunteers
that is not able to provide the $500, the Corporation for National and
Community Service state office or Area Manager shall immediately make
such sum available to the sponsor.
* * * * *
(d) The General Counsel shall, upon notification by the state
office or Area Manager, determine the extent to which the Corporation
for National and Community Service will provide funds for the
volunteer's defense or reimburse a sponsor for funds it spends on the
volunteer's behalf. Included in this responsibility shall be the
negotiation of fees and approval of other costs and expenses. State
offices and Area Managers are not authorized to commit the Corporation
for National and Community Service to the payment of volunteers' legal
expenses or to reimburse a sponsor except as provided above, without
the express consent of the General Counsel. Additionally, the General
Counsel shall, in cases arising directly out of the performance of
authorized project activities, ascertain whether the services of the
United States Attorney can be made available to the volunteer.
* * * * *
0
22. In Sec. 1220.3-1, revise the introductory text and paragraph (a)
as follows:
Sec. 1220.3-1 Full-time volunteers.
The Corporation for National and Community Service will pay
reasonable expenses incurred in the defense of full-time volunteers in
Federal, state, and local civil judicial and administrative proceedings
where:
(a) The complaint or charge against the volunteer is directly
related to his volunteer service and not to his personal activities or
obligations.
* * * * *
0
23. Revise Sec. 1220.3-2 as follows:
Sec. 1220.3-2 Part-time volunteers.
The Corporation for National and Community Service will reimburse
sponsors for the reasonable expenses incidental to the defense of part-
time volunteers in Federal, state, and local civil judicial and
administrative proceedings where:
(a) The proceeding arises directly out of the volunteer's
performance of activities pursuant to the Act;
(b) The volunteer receives or is eligible to receive compensation,
including allowances, stipend, or reimbursement for out-of-pocket
expenses under the Corporation for National and Community Service
grant; and
(c) The conditions specified in paragraphs (b) and (c) in Sec.
1220.3-1 are met.
0
24. Revise Sec. 1220.3-3 as follows:
Sec. 1220.3-3 Procedure.
Immediately upon the receipt by a volunteer of any court papers or
administrative orders making a party to any proceeding covered under
Sec. 1220.3-1 or Sec. 1220.3-2, the volunteer shall immediately
notify his sponsor who in turn shall notify the appropriate Corporation
for National and Community Service state office. The procedures
referred to in Sec. 1220.2-3, paragraphs (c) through (e), shall
thereafter be followed as appropriate.
PART 1222--[REMOVED and RESERVED]
0
25. Remove and reserve Part 1222.
PART 1226--PROHIBITIONS ON ELECTORAL AND LOBBYING ACTIVITIES
0
26. The authority citation for part 1226 is revised to read as follows:
Authority: 42 U.S.C. 5043.
0
27. Revise Sec. 1226.1 to read as follows:
Sec. 1226.1 Purpose.
This part implements sections 403(a) and (b) of the Domestic
Volunteer Service Act of 1973, Public Law 93-113, as amended,
hereinafter referred to as the Act, pertaining to the prohibited use of
Federal funds or involvement by certain Corporation for National and
Community Service programs and volunteers in electoral and lobbying
activities. This part implements those provisions of the Act, as they
apply to agency programs and volunteers authorized under title II of
the Act.
0
28. Revise Sec. 1226.2 to read as follows:
Sec. 1226.2 Scope.
This part applies to all volunteers serving in a program authorized
by title II of the Act, including the Foster Grandparent Program, the
Senior Companion Program, and The Retired and Senior Volunteer Program
(RSVP). This part also applies to employees or sponsoring
organizations, whose salaries, or other compensation, are paid, in
whole or in part, with agency funds.
0
29. In Sec. 1226.7, revise the introductory text and paragraph (a) to
read as follows:
Sec. 1226.7 Scope.
The provisions in this subpart are applicable to full time
volunteers as described in Sec. 1226.3(c), and to such part-time
volunteers as may be otherwise specified herein. Full time volunteers
are deemed to be acting in their capacity as volunteers:
(a) When they are actually engaged in their volunteer assignments;
or
* * * * *
0
30. Remove Sec. Sec. 1226.10 and 1226.11 and redesignate Sec. Sec.
1226.12 and 1226.13 as Sec. Sec. 1226.10 and 1226.11, respectively.
0
31. Revise Sec. 1226.10 as follows:
Sec. 1226.10 Sponsor employees.
Sponsor employees whose salaries or other compensation are paid, in
whole or in part, with agency funds are subject to the restrictions
described in Sec. 1226.8(a), (b), (c) and (d) and the exceptions in
Sec. 1226.9:
(a) Whenever they are engaged in an activity which is supported by
Corporation for National and Community Service funds; or
(b) Whenever they identify themselves as acting in their capacity
as an official of a project which receives Corporation for National and
Community Service funds, or could reasonably be perceived by others as
acting in such capacity.
0
32. Add part 2556 to read as follows:
PART 2556--VOLUNTEERS IN SERVICE TO AMERICA
Subpart A--General Information
Sec.
2556.1 What is the purpose of the VISTA program?
2556.3 Who should read Part 2556?
2556.5 What definitions apply in Part 2556?
2556.7 Are waivers of the regulations in this Part allowed?
Subpart B--VISTA Sponsors
2556.100 Which entities are eligible to apply to become VISTA
sponsors?
2556.105 Which entities are prohibited from being VISTA sponsors?
2556.110 What VISTA assistance is available to a sponsor?
2556.115 Is a VISTA sponsor required to provide a cash or in-kind
match?
2556.120 How does a VISTA sponsor ensure the participation of people
in the communities to be served?
2556.125 May CNCS deny or reduce VISTA assistance to an existing
VISTA project?
2556.130 What is the procedure for denial or reduction of VISTA
assistance to an existing VISTA project?
2556.135 What is suspension? When may CNCS suspend a VISTA project?
2556.140 What is termination? When may CNCS terminate a VISTA
project?
2556.145 May CNCS pursue other remedies against a VISTA project for
a sponsor's material failure to comply with any other requirement
not set forth in this Subpart?
[[Page 25643]]
2556.150 What activities are VISTA members not permitted to perform
as part of service?
2556.155 May a sponsor manage a project through a subrecipient?
2556.160 What are the sponsor's requirements for cost share
projects?
2556.165 What Fair Labor Standards apply to sponsors and projects?
2556.170 What nondiscrimination requirements apply to VISTA
sponsors?
2556.175 What limitations are VISTA sponsors subject to regarding
religious activities?
Subpart C--VISTA Members
2556.200 Who may apply to serve as a VISTA?
2556.205 What commitments and agreements must an individual make to
serve in the VISTA program?
2556.210 Who reviews and approves an application for VISTA service?
Subpart D--Terms, Protections, and Benefits of VISTA Members
2556.300 Is a VISTA considered a federal employee? Is a VISTA
considered an employee of the sponsor?
2556.305 What is the duration and scope of service for a VISTA?
2556.310 What are the lines of supervision or oversight of a VISTA,
a VISTA sponsor, and CNCS during a VISTA's term of service?
2556.315 What are terms and conditions for official travel for a
VISTA?
2556.320 What benefits may a VISTA receive during VISTA service?
2556.325 May a VISTA be provided coverage for legal defense expenses
related to VISTA service?
2556.330 When may a VISTA be provided coverage for legal defense
expenses related to criminal proceedings?
2556.335 When may a VISTA be provided coverage for legal defense
expenses related to civil or administrative proceedings?
2556. 340 What is non-competitive eligibility and who is eligible
for it?
2556.345 Who may present a grievance?
2556.350 What matters are considered grievances?
2556.355 May a VISTA have access to records as part of the VISTA
grievance procedure?
2556.360 How may a VISTA bring a grievance?
2556.365 May a VISTA appeal a grievance?
Subpart E--Termination for Cause Procedures
2556.400 What is termination for cause? What are the criteria for
termination for cause?
2556.405 Who has sole authority to remove a VISTA from a VISTA
project? Who has sole authority to terminate a VISTA from a VISTA
project or the VISTA program?
2556.410 May a sponsor request that a VISTA be removed from its
project?
2556.415 May CNCS remove a VISTA from a project without the
sponsor's request for removal?
2556.420 What are termination for cause proceedings?
2556.425 May a VISTA appeal his or her termination for cause?
2556.430 Is a VISTA who is terminated early from the VISTA program
for other than cause entitled to appeal under these procedures?
Subpart F--Summer Associates
2556.500 How is a position for a summer associate established in a
project?
2556.505 How do summer associates differ from other VISTAs?
Subpart G--VISTA Leaders
2556.600 How is a position for a leader established in a project, or
in multiple projects within a contiguous geographic region?
2556.605 Who is eligible to serve as a leader?
2556.610 What is the application process to apply to become a
leader?
2556.615 Who reviews a leader application? Who approves or
disapproves a leader application?
2556.620 How does a leader differ from other VISTAs?
2556.625 What are terms and conditions of service for a leader?
Subpart H--Restrictions and Prohibitions on Political Activities and
Lobbying
2556.700 Who is covered by this subpart?
2556.705 What is prohibited political activity?
2556.710 What political activities are VISTAs prohibited from
engaging in?
2556.711 What political activities may a VISTA participate in?
2556.712 May VISTAs participate in political organizations?
2556.713 May VISTAs participate in political campaigns?
2556.714 May VISTAs participate in elections?
2556.715 May a VISTA be a candidate for public office?
2556.716 May VISTAs participate in political fundraising activities?
2556.717 Are VISTAs prohibited from soliciting or discouraging the
political participation of certain individuals?
2556.718 What restrictions and prohibitions are VISTAs subject to
who campaign for a spouse or family member?
2556.719 May VISTAs participate in lawful demonstrations?
2556.720 May a sponsor approve the participation of a VISTA in a
demonstration or other political meeting?
2556.721 What disciplinary actions are VISTAs subject to for
violating restrictions or prohibitions on political activities?
2556.722 What are the requirements of VISTA sponsors regarding
political activities?
2556.723 What prohibitions and restrictions on political activity
apply to employees of VISTA sponsors or projects?
2556.724 What prohibitions on lobbying activities apply to VISTA
sponsors and projects?
Subpart A--General Information
Authority: Secs. 101, 102, and 103, Pub. L. 93-113, as amended;
5 CFR part 734.
Sec. 2556.1 What is the purpose of the VISTA program?
(a) The purpose of the VISTA program is to strengthen and
supplement efforts to eliminate and alleviate poverty and poverty-
related problems throughout the United States and certain U.S.
territories. To effect this purpose, the VISTA program encourages and
enables individuals from all walks of life to join VISTA to perform, on
a full-time basis, meaningful and constructive service to assist in the
solution of poverty and poverty-related problems and secure
opportunities for self-advancement of persons afflicted by such
problems.
(b) The VISTA program objectives are to:
(1) Generate private sector resources;
(2) Encourage volunteer service at the local level;
(3) Support efforts by local agencies and community organizations
to achieve long-term sustainability of projects; and
(4) Strengthen local agencies and community organizations to carry
out the purpose of the VISTA program.
Sec. 2556.3 Who should read Part 2556?
This Part may be of interest to:
(a) Private nonprofit organizations, public nonprofit
organizations, state government agencies, local government agencies,
federal agencies, and tribal government agencies who are participating
in the VISTA program as sponsors, or who are interested in
participating in the VISTA program as sponsors.
(b) Individuals 18 and older who are serving as a VISTA, or who are
interested in serving as a VISTA.
Sec. 2556.5 What definitions apply in Part 2556?
``Act'' or ``DVSA'' means the Domestic Volunteer Service Act of
1973, as amended, Public Law 93-113 (42 U.S.C. 4951 et seq.).
``Alternative oath or affirmation'' means a pledge of VISTA service
taken by an individual who legally resides within a State, but who is
not a citizen or national of the United States, upon that individual's
enrollment into the VISTA program as a VISTA.
``Applicant for VISTA service'' means an individual who is in the
process of completing, or has completed, an application for VISTA
service as prescribed by CNCS, but who has been not been approved by
CNCS to be a candidate.
``Application for VISTA service'' means the materials prescribed by
CNCS
[[Page 25644]]
to ascertain information on an individual's eligibility and suitability
for VISTA service.
``Area Manager'' means a CNCS official who is head of a designated,
regional set, or cluster of CNCS State Offices, or equivalent CNCS
official.
``Assistance'' means VISTAs, leaders, or summer associates.
``Assistance'' also means technical assistance or training of VISTAs,
leaders, summer associates, candidates, sponsors, or supervisors that
are provided from funds appropriated by Congress for the purpose of
supporting activities under the DVSA. ``Assistance'' also means grant
funds.
``Candidate'', when used in the context of an individual who has
applied for VISTA service, means an individual whose application for
VISTA service has been approved by CNCS, but who has not taken an oath,
alternative oath or affirmation to serve in the VISTA program.
Candidates may include those who were enrolled in the VISTA program at
a prior time.
``Cost share'' means when an entity, such as a VISTA sponsor,
reimburses CNCS part or all of the expenses associated with the
operation of a VISTA project, such as the costs for one or more VISTAs,
leaders, or summer associates placed in a VISTA project.
``CNCS'' means the Corporation for National and Community Service,
established pursuant to section 191 of the National and Community
Service Act of 1990, as amended, 42 U.S.C. 12651. CNCS is also
sometimes referred to as ``the Corporation.''
``Education award'' or ``Segal AmeriCorps Education Award'' means
an end-of-service monetary benefit from CNCS's National Service Trust
that is directed to designated educational institutions and is awarded
to certain qualifying VISTAs who successfully complete an established
term of VISTA service.
``Enroll'', ``enrolled'' or ``enrollment'', when used in the
context of VISTA service, refers to the status of an individual
admitted to serve in the VISTA program. The enrollment period commences
when the Oath to serve in the VISTA program is taken by the candidate
and ends upon termination from a term of service in the VISTA program.
The enrollment period may commence on a date earlier than the first day
of a service assignment of an enrolled VISTA member.
``Full-time'', when used in the context of VISTA service means
service in which a VISTA, leader, or summer associate remains available
for service without regard to regular working hours.
``Leader'', ``a leader'', or ``a VISTA leader'' means a VISTA
member who is enrolled for full-time VISTA service, and who is also
subject to the terms of Subpart G of this Part.
``Living allowance'' or ``living allowance payment'' means a
monetary benefit paid for subsistence purposes to a VISTA member during
VISTA service.
``Memorandum of Agreement'' means a written agreement between CNCS
and a sponsor regarding the terms of the sponsor's involvement and
responsibilities in the VISTA program.
``Nonpartisan election'' means--(1) An election in which none of
the candidates is to be nominated or elected as representing a
political party any of whose candidates for Presidential elector
received votes in the last preceding election at which Presidential
electors were selected; or (2) An election involving a question or
issue which is not specifically identified with a political party, such
as a constitutional amendment, referendum, approval of a municipal
ordinance, or any question or issue of a similar character.
``Oath'' means an avowal to VISTA service, taken in accordance with
5 U.S.C. 3331, by an individual who is a U.S. citizen or national. The
taking of the Oath effects an individual's enrollment into the VISTA
program.
``On-duty'' or ``during service time'' means when a VISTA is either
performing VISTA service or scheduled to do so.
``Project'' or ``VISTA project'' means a set of VISTA activities
operated and overseen by, and the responsibility of, a sponsor, and
assisted under this Part to realize the goals of title I of the DVSA.
``Project applicant'' or ``VISTA project applicant'' means an
entity that submits an application to CNCS to operate, oversee, and be
responsible for a VISTA project.
``Project application'' or ``VISTA project application'' means the
application materials prescribed by CNCS to ascertain information on an
applying entity's eligibility and suitability to operate, oversee, and
be responsible for, a VISTA project.
``Project director'' or ``VISTA project director'' means a staff
person, of legal age, of the sponsor, who has been assigned by the
sponsor the overall responsibility for the management of the VISTA
project.
``Sponsor'', ``VISTA sponsor'' or ``VISTA project sponsor'' means a
public agency or private non-profit organization that receives
assistance under title I of the DVSA, and is responsible for operating
and overseeing a VISTA project. A public agency may be a federal,
state, local or tribal government.
``State'', when used as a noun, means one of the several states in
the United States of America, District of Columbia, Virgin Islands,
Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``State Program Director'' means a CNCS official who reports to an
Area Manager or equivalent CNCS official, and who is the head of a CNCS
State Office.
``Stipend'' or ``end-of-service stipend'' means an end-of-service
lump-sum monetary benefit from CNCS that is awarded to certain
qualifying VISTAs, who successfully complete an established term of
VISTA service.
``Subrecipient'' means a public agency or private non-profit
organization that enters into an agreement with a VISTA sponsor to
receive one or more VISTAs, and to carry out a set of activities,
assisted under this Part, to realize the goals of title I of the DVSA.
A public agency may be a federal, state, local or tribal government.
``Summer associate'' means a VISTA member who is enrolled for VISTA
service, during a period between May 1 and September 15, and who is
also subject to the terms of Subpart I of this Part. A summer associate
must be available to provide continuous full-time service, without
other commitments, for a period of at least eight weeks and a maximum
of ten weeks.
``Supervisor'' or ``VISTA Supervisor'' means a staff member, of
legal age, of the sponsor or a subrecipient, who has been assigned by
the sponsor or the subrecipient, the responsibility for the day-to-day
oversight of one or more VISTAs.
``Tribe'' means any Indian tribe, band, nation, or other organized
group or community, including any Alaskan native village or regional
village corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, which is recognized by the United States
or the State in which it resides as eligible for special programs and
services provided to Indians because of their status as Indians.
``VISTA member'', ``a VISTA'' or ``the VISTA'' means an individual
enrolled full-time for VISTA service in the VISTA program, as
authorized under title I of the DVSA.
``VISTA program'' means the Federal government program named
Volunteers in Service to America and authorized under title I of the
Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 4950 et
seq.
``VISTA service'' means VISTA service activities performed by a
VISTA
[[Page 25645]]
member while enrolled in the VISTA program.
Sec. 2556.7 Are waivers of the regulations in this Part allowed?
Upon a determination of good cause, the Chief Executive Officer of
CNCS may, subject to statutory limitations, waive any provisions of
Part 2556.
Subpart B--VISTA Sponsors
Authority: Secs. 103(a), 103(f), 104(b), 104(e), 105(b), 106,
403(a), 403(b), 403(c), 404(a), 404(b), 404(c), 404(e), 406, 412,
416, and 417, Pub. L. 93-113, as amended; Sec. 192A(g)(10), Pub. L.
101-610, as amended; Presidential Executive Order 13279 (67 FR
77141, Dec. 16, 2002).
Sec. 2556.100 Which entities are eligible to apply to become VISTA
sponsors?
The following entities are eligible to apply to become VISTA
sponsors, and thereby undertake projects in the U.S. and certain U.S.
territories:
(a) Private nonprofit organization.
(b) Public nonprofit organization.
(c) State government or state government agency.
(d) Local government or local government agency.
(e) Tribal government or tribal government agency.
Sec. 2556.105 Which entities are prohibited from being VISTA
sponsors?
(a) An entity is prohibited from being a VISTA sponsor or from
otherwise receiving VISTA assistance if a principal purpose or activity
of the entity includes any of the following:
(1) Electoral Activities. Any activity designed to influence the
outcome of elections to any public office, such as actively campaigning
for or against, or supporting, candidates for public office; raising,
soliciting, or collecting funds for candidates for public office; or
preparing, distributing, providing funds for campaign literature for
candidates, including leaflets, pamphlets, and material designed for
the print or electronic media.
(2) Voter Registration Activities. Any voter registration activity,
such as providing transportation of individuals to voter registration
sites; providing assistance to individuals in the process of
registering to vote, including determinations of eligibility; or
disseminating official voter registration material.
(3) Transportation to the Polls. Providing voters or prospective
voters with transportation to the polls or raising, soliciting, or
collecting funds for such activities.
(b) Any organization that, subsequent to the receipt of VISTA
assistance, makes as one of its principal purposes or activities any of
the activities described in section 2556.105(a) shall be subject to the
procedures in sections 2556.125 through 2556.145.
Sec. 2556.110 What VISTA assistance is available to a sponsor?
(a) A sponsor may be approved for one or more VISTA positions.
(b) A sponsor, upon review and approval by CNCS to establish a
leader position or positions, and in accordance with criteria set forth
at Subpart G of this Part, may be approved for one or more leader
positions.
(c) A sponsor, upon approval by CNCS to establish a summer
associate position or positions, and in accordance with criteria set
forth at Subpart F of this Part, may be approved for one or more summer
associate positions.
(d) A sponsor may be eligible to receive certain grant assistance
under the terms determined and prescribed by CNCS.
(e) A sponsor may receive training and technical assistance related
to carrying out purposes of title I of the DVSA.
Sec. 2556.115 Is a VISTA sponsor required to provide a cash or in-
kind match?
(a) A sponsor is not required to provide a cash match for any of
the assistance listed in Sec. 2556.110.
(b) A sponsor must provide supervision, work space, service-related
transportation, and any other materials necessary to operate and
complete the VISTA project and support the VISTA.
Sec. 2556.120 How does a VISTA sponsor ensure the participation of
people in the communities to be served?
(a) To the maximum extent practicable, the people of the
communities to be served by VISTA members shall participate in
planning, developing, and implementing programs.
(b) The sponsor shall articulate in its project application how it
will engage or continue to engage relevant communities in the
development and implementation of programs.
Sec. 2556.125 May CNCS deny or reduce VISTA assistance to an existing
VISTA project?
(a) CNCS may deny or reduce VISTA assistance where a denial or
reduction is based on:
(1) Legislative requirement;
(2) Availability of funding;
(3) Material failure to comply with applicable term(s) or
condition(s) of the DVSA, the regulations in this Part, VISTA program
policy, or an applicable Memorandum of Agreement;
(4) Ineffective management of CNCS resources;
(5) Substantial failure to comply with CNCS policy and overall
objectives under a contract, or applicable Memorandum of Agreement or
grant agreement; or
(6) General policy.
(b) In instances where the basis for denial or reduction of VISTA
assistance may also be the basis for the suspension or termination of a
VISTA project under this subpart, CNCS shall not be limited to the use
of this section to the exclusion of the procedures for suspension or
termination in this Subpart.
Sec. 2556.130 What is the procedure for denial or reduction of VISTA
assistance to an existing VISTA project?
(a) CNCS shall notify the sponsor in writing, at least 75 calendar
days before the anticipated denial or reduction of VISTA
assistance,that CNCS proposes to deny or reduce VISTA assistance.
CNCS's written notice shall state the reasons for the decision to deny
or reduce assistance and shall provide an opportunity period for the
sponsor to respond to the merits of the proposed decision. CNCS retains
sole authority to make the final determination whether the VISTA
assistance at issue shall be denied or reduced, as appropriate.
(b) Where CNCS's notice of proposed decision is based upon a
specific charge of the sponsor's material failure to comply with an
applicable term(s) or condition(s) of the DVSA, the regulations in this
Part, VISTA program policy, or an applicable Memorandum of Agreement,
the notice shall offer the sponsor an opportunity period to respond in
writing to the notice, with any affidavits or other supporting
documentation, and to request an informal hearing before a mutually
agreed-upon impartial hearing officer. The authority of such a hearing
officer shall be limited to conducting the hearing and offering
recommendations to CNCS. Regardless of whether or not an informal
hearing takes place, CNCS shall retain full authority to make the final
determination whether the VISTA assistance is denied or reduced, as
appropriate.
(c) If the recipient requests an informal hearing, as set forth
above in accordance with paragraph (b) of this section, such hearing
shall be held at a date specified by CNCS and held at a location
convenient to the sponsor.
(d) If CNCS's proposed decision is based, in whole or in part, on a
specific charge(s) of a sponsor's material failure to comply with an
applicable term(s) or condition(s) of an applicable
[[Page 25646]]
Memorandum of Agreement, CNCS shall inform the sponsor in the notice of
proposed decision of the opportunity to show cause why VISTA assistance
should not be denied or reduced, as appropriate. The notice shall
provide specific instructions regarding the sponsor's opportunity to
respond in writing to the notice and to request an informal hearing
before a mutually agreed-upon impartial hearing officer. Regardless of
whether or not such an informal hearing takes place, CNCS shall retain
full authority to make the final determination whether the VISTA
assistance at issue shall be denied or reduced, as appropriate.
(e) The recipient shall be informed of CNCS's final determination
on whether the VISTA assistance at issue shall be denied or reduced,
and the basis for the determination.
Sec. 2556.135 What is suspension? When may CNCS suspend a VISTA
project?
(a) Suspension is any action by CNCS temporarily suspending or
curtailing assistance, in whole or in part, to all or any part of a
VISTA project, prior to the time that the project term is concluded.
Suspension does not include the denial or reduction of new or
additional VISTA assistance.
(b) In an emergency situation for up to 30 consecutive days, CNCS
may suspend assistance to a sponsor, in whole or in part, for the
sponsor's material failure or threatened material failure to comply
with an applicable term(s) or condition(s) of the DVSA, the regulations
in this Part, VISTA program policy, or an applicable Memorandum of
Agreement. Such suspension in an emergency situation shall be pursuant
to notice and opportunity to show cause why assistance should not be
suspended.
(c) To initiate suspension proceedings, CNCS shall notify the
sponsor in writing that CNCS is suspending assistance in whole or in
part. The written notice shall contain the following:
(1) The grounds for the suspension and the effective date of the
commencement of the suspension;
(2) The sponsor's right to submit written material in response to
the suspension to show why the VISTA assistance should not be
suspended, or should be reinstated, as appropriate; and
(3) The opportunity to adequately correct the deficiency, or
deficiencies, which led to CNCS's notice of suspension.
(d) In deciding whether to continue or lift the suspension, as
appropriate, CNCS shall consider any timely material presented in
writing, any material presented during the course of any informal
meeting, as well as any showing that the sponsor has adequately
corrected the deficiency which led to the initiation of suspension.
(e) During the period of suspension of a sponsor, no new
expenditures, if applicable, shall be made by the sponsor's VISTA
project at issue and no new obligations shall be incurred in connection
with the VISTA project at issue except as specifically authorized in
writing by CNCS.
(f) CNCS may, in its discretion, modify the terms, conditions, and
nature of the suspension or rescind the suspension action at any time
on its own initiative or upon a showing that the sponsor has adequately
corrected the deficiency or deficiencies which led to the suspension
and that repetition is not foreseeable.
Sec. 2556.140 What is termination? When may CNCS terminate a VISTA
project?
(a) Termination means any action by CNCS permanently terminating or
curtailing assistance to all or any part of a sponsor's VISTA project
prior to the time that the project term is concluded.
(b) CNCS may terminate assistance to a sponsor in whole or in part
for the sponsor's material failure to comply with an applicable term(s)
or condition(s) of the DVSA, the regulations in this Part, VISTA
program policy, or an applicable Memorandum of Agreement.
(c) To initiate termination proceedings, CNCS shall notify the
sponsor in writing that CNCS is proposing to terminate assistance in
whole or in part. The written notice shall contain the following:
(1) A description of the VISTA assistance proposed for termination,
the grounds that warrant such proposed termination, and the proposed
date of effective termination;
(2) Instructions regarding the sponsor's opportunity, within 21
calendar days from the date of issuance of the notice, to respond in
writing to the merits of the proposed termination and instructions
regarding the sponsor's right to request a full and fair hearing before
a mutually agreed-upon impartial hearing officer; and
(3) Invitation of voluntary action by the sponsor to adequately
correct the deficiency or deficiencies which led to CNCS's notice of
proposed termination.
(d) In deciding whether to effect termination of VISTA assistance,
CNCS shall consider any relevant, timely material presented in writing;
any relevant material presented during the course of any full and fair
hearing; as well as, any showing that the sponsor has adequately
corrected the deficiency which led to the initiation of termination
proceedings.
(e) Regardless of whether or not a full and fair hearing takes
place, CNCS shall retain all authority to make the final determination
as to whether the termination of VISTA assistance is appropriate.
(f) The sponsor shall be informed of CNCS's final determination on
the proposed termination of VISTA assistance, and the basis or bases
for the determination.
(g) CNCS may, in its discretion, modify the terms, conditions, and
nature of a termination action or rescind a termination action at any
time on its own initiative or upon a showing that the sponsor has
adequately corrected the deficiency which led to the termination, or
the initiation of termination proceedings, and that repetition is not
threatened.
Sec. 2556.145 May CNCS pursue other remedies against a VISTA project
for a sponsor's material failure to comply with any other requirement
not set forth in this Subpart?
The procedures established by this Subpart shall not preclude CNCS
from pursuing any other remedies authorized by law.
Sec. 2556.150 What activities are VISTA members not permitted to
perform as part of service?
(a) A VISTA may not perform any activities in the project
application that do not correspond with the purpose of the VISTA
program, as described in Sec. 2556.1, or that the Director has
otherwise prohibited.
(b) A VISTA may not perform services or duties as a VISTA member
that would otherwise be performed by employed workers or other
volunteers (not including participants under the DVSA and the National
and Community Service Act of 1990, as amended).
(c) A VISTA may not perform any services or duties, or engage in
activities as a VISTA member, that supplant the hiring of or result in
the displacement of employed workers or other volunteers (not including
participants under the DVSA or the National and Community Service Act
of 1990, as amended).
(d) A VISTA may not perform any services or duties, or engage in
activities as a VISTA member, which impair existing contracts for
service.
(e) The requirements of paragraphs 2556.150(b)-(d) of this section
do not apply when the sponsor requires the service in order to avoid or
relieve suffering threatened by, or resulting
[[Page 25647]]
from, a disaster, civil disturbance, terrorism, or war.
(f) A sponsor or project shall not request or receive any
compensation from a VISTA; from a beneficiary of VISTA project
services; or any other source for services of a VISTA.
Sec. 2556.155 May a sponsor manage a VISTA project through a
subrecipient?
(a) A sponsor may carry out a VISTA project through one or more
subrecipients that meet the eligibility criteria of Sec. 2556.100.
(b) The sponsor must enter into a subrecipient agreement with each
subrecipient. A subrecipient agreement must have at least the following
elements:
(1) A project plan to be implemented by the subrecipient;
(2) Records to be kept and reports to be submitted;
(3) Responsibilities of the parties and other program requirements;
and
(4) Suspension and termination policies and procedures.
(c) The sponsor retains the responsibility for compliance with a
Memorandum of Agreement; the applicable regulations in this Part; and
all applicable policies, procedures, and guidance issued by CNCS
regarding the VISTA program.
(d) A sponsor shall not request or receive any compensation from a
subrecipient for services performed by a VISTA.
(e) A sponsor shall not receive payment from, or on behalf of, the
subrecipient for costs of the VISTA assistance, except in two limited
circumstances:
(1) For reasonable and actual costs incurred by the sponsor
directly related to the subrecipient's participation in a VISTA
project; and
(2) For any cost share related to a VISTA placed with the
subrecipient in the VISTA project.
Sec. 2556.160 What are the sponsor's requirements for cost share
projects?
(a) A sponsor shall enter into a written agreement for cost share
as prescribed by CNCS.
(b) A sponsor shall make timely cost share payments as prescribed
by CNCS and applicable federal law and regulations.
(c) In addition to other sources of funds, a sponsor may use funds
from federal, state, or local government agencies, provided the
requirements of those agencies and their programs are met.
(d) Subject to review and approval by CNCS, CNCS may enter into an
agreement with another entity to receive and utilize funds to make cost
share payments on behalf of the sponsor.
Sec. 2556.165 What Fair Labor Standards apply to VISTA sponsors and
projects?
All sponsors and projects that employ laborers and mechanics for
construction, alteration, or repair of facilities shall pay wages at
prevailing rates as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act, as amended, 40 U.S.C. 276a.
Sec. 2556.170 What nondiscrimination requirements apply to sponsors?
(a) An individual with responsibility for the operation of a
project that receives CNCS assistance must not discriminate against a
participant in, or member of the staff of, such project on the basis of
race, color, national origin, sex, age, or political affiliation of
such participant or staff member, or on the basis of disability, if the
participant or staff member is a qualified individual with a
disability.
(b) Any CNCS assistance constitutes Federal financial assistance
for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.),
and constitutes Federal financial assistance to an education program or
activity for purposes of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.).
(c) An individual with responsibility for the operation of a
project that receives CNCS assistance may not discriminate on the basis
of religion against a participant in such project or a member of the
staff of such project who is paid with CNCS funds. This provision does
not apply to the employment (with CNCS assistance) of any staff member
of a CNCS-supported project who was employed with the organization
operating the project on the date the CNCS assistance was awarded.
(d) Sponsors must notify all program participants, staff,
applicants, and beneficiaries of:
(1) Their rights under applicable federal nondiscrimination laws,
including relevant provisions of the national service legislation and
implementing regulations; and
(2) The procedure for filing a discrimination complaint. No sponsor
or subrecipient, or sponsor or subrecipient employee, or individual
with responsibility for the implementation or operation of a sponsor or
a subrecipient, shall discriminate against a VISTA on the basis of
race, color, national origin, gender, age, religion, or political
affiliation. No sponsor or subrecipient, or sponsor or subrecipient
employee, or individual with responsibility for the implementation or
operation of a sponsor or a subrecipient, shall discriminate against a
VISTA on the basis of disability, if the VISTA is a qualified
individual with a disability.
Sec. 2556.175 What limitations are VISTA sponsors subject to
regarding religious activities?
(a) A VISTA shall not give religious instruction, conduct worship
services or engage in any form of proselytizing as part of his or her
duties.
(b) A sponsor or project may retain its independence and may
continue to carry out its mission, including the definition,
development, practice, and expression of its religious beliefs,
provided that it does not use any CNCS assistance, including the
services of any VISTA or VISTA assistance, to support any inherently
religious activities, such as worship, religious instruction, or
proselytizing, as part of the programs or services assisted by the
VISTA program. If a VISTA sponsor or project conducts such inherently
religious activities, the activities must be offered separately, in
time or location, from the programs or services assisted under this
Part by the VISTA program.
Subpart C--VISTA Members
Authority: Secs. 103(b)(3), 103(f), 104(a), 104(b), 104(c), and
404(e), Pub. L. 93-113, as amended.
Sec. 2556.200 Who may apply to serve as a VISTA?
An individual may apply to serve as a VISTA if all the following
requirements are met:
(a) The individual is at least eighteen years of age upon taking an
oath or affirmation, as appropriate, to enter VISTA service. There is
no upper age limit.
(b) The individual is a United States citizen or national, or is
legally residing within a state. For eligibility purposes, a lawful
permanent resident alien is considered to be an individual who is
legally residing within a state.
Sec. 2556.205 What commitments and agreements must an individual make
to serve in the VISTA program?
(a) To the maximum extent practicable, the individual must make a
full-time commitment to remain available for service without regard to
regular working hours, at all times during his or her period of
service, except for authorized periods of leave.
[[Page 25648]]
(b) To the maximum extent practicable, the individual must make a
full-time personal commitment to alleviate poverty and poverty-related
problems, and to live among and at the economic level of the low-income
people served by the project.
(c) The individual's service cannot be used to satisfy service
requirements of parole, probation, or community service prescribed by
the criminal justice system.
(d) A VISTA candidate or member agrees to undergo an investigation
into his or her criminal history or background as a condition of
enrollment, or continued enrollment, in the VISTA program.
Sec. 2556.210 Who reviews and approves an application for VISTA
service?
CNCS has the final authority to approve or deny VISTA applications
for VISTA service.
Subpart D--Terms, Protections, and Benefits of VISTA Members
Authority: Secs. 104(a), 104(b), 104(d), 105, 404(e), 415, and
419 of Pub. L. 93-113, as amended; Sec. 146(c) of Pub. L. 101-610,
as amended.
Sec. 2556.300 Is a VISTA considered a federal employee? Is a VISTA
considered an employee of the sponsor?
(a) Except for the purposes listed here, a VISTA is not considered
an employee of the federal government. A VISTA is considered a federal
employee only for the following purposes:
(1) Federal Tort Claims Act--28 U.S.C. 1346(b); 28 U.S.C. 2671-
2680;
(2) Federal Employees' Compensation Act--5 U.S.C. chapter 81,
subchapter 1;
(3) Hatch Act--5 U.S.C. chapter 73, subchapter III;
(4) Internal Revenue Service Code--26 U.S.C. 1 et seq.; and
(5) Title II of the Social Security Act--42 U.S.C. 401 et seq.
(b) A VISTA is not considered a federal employee for any purposes
other than those set forth in paragraph (a) of this section.
(c) A VISTA is not covered by federal or state unemployment
compensation related to their enrollment or service in the VISTA
program. A VISTA's service is not considered employment for purposes of
eligibility for, or receipt of, federal, state, or any other
unemployment compensation.
(d) Monetary allowances, such as living allowances that VISTAs
receive during VISTA service are not considered wages. Monetary
allowances, such as living allowances, that VISTAs receive during VISTA
service are considered income for such purposes as federal income tax
and Social Security.
(e) A VISTA is not, under any circumstances, considered an employee
of the sponsor or project to which he or she is assigned to serve. No
VISTA is in an employment relationship with the sponsor or project to
which he or she is assigned. The sponsor is not authorized to make
contributions to any state unemployment compensation fund on a VISTA's
behalf.
Sec. 2556.305 What is the duration and scope of service for a VISTA?
(a) To serve as a VISTA, an individual makes a full-time commitment
for a minimum of one year, without regard to regular working hours.
(b) A VISTA carries out activities in accordance with the purpose
of the VISTA program, as described in section 2556.1 of this Part.
(c) To the maximum extent practicable, the VISTA shall live among
and at the economic level of the low-income community served by the
project, and actively seek opportunities to engage with that low-income
community without regard to regular work hours.
(d) A VISTA carries out service activities in conformance with the
sponsor's approved project application, including any description of a
VISTA assignment as contained in the project application; and, in
conformance with the purpose of title I of the DVSA. In any case where
there is a conflict between the project application and the DVSA, the
DVSA takes precedence.
(e) Under no circumstances may an individual be enrolled to serve
as a VISTA beyond five years.
Sec. 2556.310 What are the lines of supervision or oversight of a
VISTA, a VISTA sponsor and CNCS during a VISTA's term of service?
(a) The VISTA sponsor is responsible for the day-to-day supervision
and oversight of the VISTA.
(b) CNCS is responsible for ongoing monitoring and oversight of the
VISTA sponsor's project where the VISTA is assigned. CNCS is
responsible for selecting the VISTA, assigning the VISTA to a project,
removal of a VISTA from a project, and VISTA separation actions such as
termination from the VISTA program.
Sec. 2556.315 What are terms and conditions for official travel for a
VISTA?
(a) CNCS may provide official travel for a VISTA candidate or a
VISTA, as appropriate, to attend CNCS-directed activities, such as pre-
service training, placement at the project site, in-service training
events, and return from the project site to home of record.
(b) CNCS must approve all official travel of a VISTA candidate or a
VISTA, including the mode of travel.
(c) CNCS may provide for official emergency travel for a VISTA in
case of a natural disaster or the critical illness or death of an
immediate family member.
Sec. 2556.320 What benefits may a VISTA receive during VISTA service?
(a) A VISTA receives a living allowance computed on a daily rate.
Living allowances vary according to the local cost-of-living in the
project area where the VISTA is assigned.
(b) Subject to a maximum amount, and at the discretion and upon
approval of CNCS, a VISTA may receive payment for settling-in expenses,
as determined by CNCS.
(c) Subject to a maximum amount, and at the discretion of CNCS, in
the event of an emergency (such as theft, fire loss, or special
clothing necessitated by severe climate), a VISTA may receive an
emergency expense payment in order to resume VISTA service activities,
as determined and approved by CNCS.
(d) Subject to a maximum amount, and at the discretion of CNCS, a
VISTA may receive a baggage allowance for the actual costs of
transporting personal effects to the project site to which the VISTA is
assigned to serve, as determined by CNCS.
(e) To the extent eligible, a VISTA may receive health care through
a health benefits program provided by CNCS.
(f) To the extent eligible, a VISTA may receive child care support
through a child care program provided by CNCS.
(g) To the extent eligible, a VISTA may elect to receive a Segal
AmeriCorps Education Award, and upon successful completion of service,
receive that award in an amount prescribed by CNCS, in accordance with
the applicable provisions of 45 CFR parts 2526, 2527, and 2528.
(1) A VISTA is eligible to elect to receive a Segal AmeriCorps
Education Award if he or she is a citizen, national, or lawful
permanent resident alien of the United States.
(2) A VISTA who elects a Segal AmeriCorps Education Award is
eligible to request forbearance of a student loan from his or her loan-
holder. A VISTA who elects a Segal AmeriCorps Education Award may, upon
successful completion of service, be eligible to receive up to 100
percent of the interest accrued on a qualified student loan, consistent
with the applicable provisions of 45 CFR 2529.
(3) A VISTA is not eligible to receive more than an amount equal to
the
[[Page 25649]]
aggregate value of two full-time Segal AmeriCorps Education Awards in
his or her lifetime.
(4) Other than for a summer associate, the amount of a Segal
AmeriCorps Education Award for the successful completion of a VISTA
term of service is equal to the maximum amount of a Federal Pell Grant
under Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
that a student eligible for such grant may receive in the aggregate for
the fiscal year in which the VISTA has enrolled in the VISTA program.
(h) A VISTA who does not elect to receive a Segal AmeriCorps
Education Award, upon successful completion of service, receives an
end-of-service stipend in an amount prescribed by CNCS.
(i) In the event that a VISTA does not successfully complete a full
term of service, a VISTA shall not receive a pro-rated Segal AmeriCorps
Education Award or a pro-rated end-of-service stipend, except in cases
where the appropriate State Program Director determines the VISTA did
not successfully complete a full term of service because of a
compelling, personal circumstance. Examples of a compelling, personal
circumstance are: serious medical condition or disability of a VISTA
during VISTA service; critical illness or disability of a VISTA's
immediate family member (spouse, domestic partner, parent, sibling,
child, or guardian) if this event makes completing a term of service
unreasonably difficult; or unusual conditions not attributable to the
VISTA, such as natural disaster, strike, or premature closing of a
project, that make completing a term unreasonably difficult or
infeasible.
(j) In the event of a VISTA's death during service, his or her
family or others that he or she named as beneficiary in accordance with
section 5582 of title 5, United States Code, shall be paid a pro-rated
end-of-service stipend for the period during which the VISTA served. If
the VISTA had elected to receive the Segal AmeriCorps Education Award
for successful completion of a full term of VISTA service, prior to
payment to the named beneficiary, CNCS shall convert that election to
an end-of-service stipend and pay the VISTA's family, or others that he
or she named as beneficiary, a pro-rated end-of-service stipend
accordingly.
Sec. 2556.325 May a VISTA be provided coverage for legal defense
expenses related to VISTA service?
Under certain circumstances, as set forth below in sections
2556.330 through 2556.335, CNCS may pay reasonable legal defense
expenses incurred in judicial or administrative proceedings for the
defense of a VISTA serving in the VISTA program. Such covered legal
expenses consist of counsel fees, court costs, bail, and other expenses
incidental to a VISTA's legal defense.
Sec. 2556.330 When may a VISTA be provided coverage for legal defense
expenses related to criminal proceedings?
(a) For the legal defense of a VISTA member who is charged with a
criminal offense related to the VISTA member's service, up to and
including arraignment in Federal, state, and local criminal
proceedings, CNCS may pay actual and reasonable legal expenses. CNCS is
not required to pay any expenses for the legal defense of a VISTA
member where he or she is charged with a criminal offense arising from
alleged activity or action that is unrelated to that VISTA's service.
(b) A VISTA member's service is clearly unrelated to a charged
offense:
(1) When the activity or action is alleged to have occurred prior
to the VISTA member's VISTA service.
(2) When the VISTA member is not at his or her assigned project
location, such as during periods of approved leave, medical leave,
emergency leave, or in administrative hold status in the VISTA program.
(3) When the activity or action is alleged to have occurred at or
near his or her assigned project, but is clearly not part of, or
required by, the VISTA member's service assignment.
(c) For the legal defense, beyond arraignment in Federal, state,
and local criminal proceedings, of a VISTA member who is charged with a
criminal offense, CNCS may also pay actual and reasonable legal
expenses:
(1) When the charged offense against the VISTA member relates
exclusively to his or her VISTA assignment or status as a VISTA member;
(2) When the charge offense against the VISTA member arises from an
alleged activity or action that is a part of, or required by, the VISTA
member's VISTA assignment;
(3) When the VISTA member has not admitted a willful or knowing
violation of law; or
(4) When the charged offense against the VISTA member is not a
minor offense or misdemeanor, such as a minor vehicle violation.
(d) Notwithstanding the above paragraphs (a)-(c) of this section,
there may be situations in which the criminal proceedings at issue
arise from a matter that also gives rise to a civil claim under the
Federal Tort Claims Act. In such a situation, the U.S. Department of
Justice may, on behalf of the United States, agree to defend the VISTA.
If the U.S. Department of Justice agrees to defend the VISTA member,
unless there is a conflict between the VISTA member's interest and that
of the United States, CNCS will not pay for expenses associated with
any additional legal representation (such as counsel fees for private
counsel) for the VISTA member.
Sec. 2556.335 When may a VISTA be provided coverage for legal defense
expenses related to civil or administrative proceedings?
For the legal defense in Federal, state, and local civil judicial
and administrative proceedings of a VISTA member, CNCS may also pay
actual and reasonable legal expenses, where:
(a) The complaint or charge is against the VISTA, and is directly
related to his or her VISTA service and not to his or her personal
activities or obligations;
(b) The VISTA has not admitted to willfully or knowingly pursuing a
course of conduct that would result in the plaintiff or complainant
initiating such a proceeding; and
(c) The judgment sought involves a monetary award that exceeds
$1,000.
Sec. 2556.340 What is non-competitive eligibility and who is eligible
for it?
(a) Non-competitive eligibility is a status attained by an
individual such that the individual is eligible for appointment by a
federal agency in the Executive branch, into a civil service position
in the federal competitive service, in accordance with 5 CFR 315.605.
(b) An individual who successfully completes at least a year-long
term of service as a VISTA, and who has not been terminated for cause
from the VISTA program at any time, retains non-competitive eligibility
status for one year following the end of the term of service as a
VISTA.
(c) In addition to the retention of the one year of non-competitive
eligibility status as provided in (b) of this section, an individual's
non-competitive eligibility status may extend for two more years to a
total of three years if the individual is:
(1) In the military service;
(2) Studying at a recognized institution of higher learning; or
(3) In another activity which, in the view of the federal agency
referenced in part (a) of this section, warrants extension.
Sec. 2556.345 Who may present a grievance?
(a) Under the VISTA program grievance procedure, a grievance may be
presented by any individual who is
[[Page 25650]]
currently enrolled as a VISTA in the VISTA program or who was enrolled
as a VISTA in the VISTA program within the past 30 calendar days.
(b) A VISTA's grievance shall not be construed as reflecting on the
VISTA's standing, performance, or desirability as a VISTA.
(c) A VISTA who presents a grievance shall not be subjected to
restraint, interference, coercion, discrimination, or reprisal because
of presentation of views.
Sec. 2556.350 What matters are considered grievances?
(a) Under the VISTA program grievance procedure, grievances are
matters of concern, brought by a VISTA, that arise out of, and directly
affect, the VISTA's service situation or that arise out of a violation
of a policy, practice, or regulation governing the terms or conditions
of the VISTA's service, such that the violation results in the denial
or infringement of a right or benefit to the VISTA member.
(b) Matters not within the definition of a grievance as defined
above in section (a) are not grievable, and therefore, are excluded
from the VISTA program grievance procedure. Though not exhaustive,
examples of matters excluded from the VISTA program grievance procedure
are:
(1) Those matters related to a sponsor's or project's continuance
or discontinuance; the number of VISTAs assigned to a VISTA project;
the increases or decreases in the level of support provided to a VISTA
project; the suspension or termination of a VISTA project; or the
selection or retention of VISTA project staff.
(2) Those matters for which a separate administrative procedure or
complaint process is provided, such as early termination for cause,
claims of discrimination during service, and federal worker's
compensation claims filed for illness or injury sustained in the course
of carrying out VISTA activities.
(3) Those matters related to any law, published rule, regulation,
policy, or procedure.
(4) Those matters related to housing during a VISTA member's
service.
(5) Those matters which are, by law, subject to final
administrative review outside CNCS.
(6) Those matters related to actions taken, or not taken, by a
VISTA sponsor or project, or CNCS, in compliance with or in order to
fulfill the terms of a contract, grant, or other agreement related to
the VISTA program.
(7) Those matters related to the internal management of CNCS,
unless such matters are shown to specifically and directly affect the
VISTA's service situation or terms or conditions of his or her VISTA
service.
Sec. 2556.355 May a VISTA have access to records as part of the VISTA
grievance procedure?
(a) A VISTA is entitled to review any material in his or her
official VISTA file and any relevant CNCS records to the extent
permitted by the Freedom of Information Act and the Privacy Act, 5
U.S.C. 552, 552a. Examples of materials that may be withheld include
references obtained under pledge of confidentiality, official VISTA
files of other VISTAs, and privileged intra-agency documents.
(b) A VISTA may review relevant materials in the possession of a
sponsor to the extent such materials are disclosable by the sponsor
under applicable freedom of information act and privacy laws.
Sec. 2556.360 How may a VISTA bring a grievance?
(a) Bringing a grievance--Step 1:--(1) While currently enrolled in
the VISTA program, or enrolled in the VISTA program within the past 30
calendar days, a VISTA may bring a grievance to the sponsor or project
where he or she is assigned to serve within 15 calendar days that the
event giving rise to the grievance occurs, or within 15 calendar days
after becoming aware of the event. If the grievance arises out of a
continuing condition or practice that individually affects a VISTA,
while enrolled the VISTA may bring it at any time while he or she is
affected by a continuing condition or practice.
(2) A VISTA brings a grievance by presenting it in writing to the
executive director, or comparable individual, of the sponsoring
organization where the VISTA is assigned, or to the sponsor's
representative who is designated to receive grievances from a VISTA.
(3) The sponsor shall review and respond in writing to the VISTA's
grievance, within 10 calendar days of receipt of the written grievance.
The sponsor may not fail to respond to a complaint raised by a VISTA on
the basis that it is not an actual grievance, or that it is excluded
from coverage as a grievance, but may, in the written response, dismiss
the complaint and refuse to grant the relief requested on either of
those grounds.
(4) If the grievance brought by a VISTA involves a matter over
which the sponsor has no substantial control or if the sponsor's
representative is the supervisor of the VISTA, the VISTA may pass over
the procedure set forth above in paragraphs (a)(1)-(a)(3) of this
section, and present the grievance in writing directly to the State
Program Director, as described below in (b) of this section.
(b) Bringing a grievance--Step 2:--(1) If, after a VISTA brings a
grievance as set forth above in paragraphs (a)(1) and (a)(2) of this
section, the matter is not resolved, he or she may submit the grievance
in writing to the appropriate State Program Director. The VISTA must
submit the grievance to the State Program Director either:
(i) Within seven calendar days of receipt of the response of the
sponsor; or,
(ii) In the event the sponsor has not issued a response to the
VISTA within 10 calendar days of receipt of the written grievance,
within 17 calendar days.
(2) If the grievance involves a matter over which either the
sponsor or project has no substantial control or if the sponsor's
representative is the supervisor of the VISTA, as described above in
paragraph (a)(4) of this section, the VISTA may pass over the procedure
set forth in above in paragraphs (a)(1)-(a)(3) of this section, and
submit the grievance in writing directly to the State Program Director.
In such a case, the VISTA must submit the grievance to the State
Program Director within 15 calendar days of the event giving rise to
the grievance occurs, or within 15 calendar days after becoming aware
of the event.
(3) Within ten working days of receipt of the grievance, the State
Program Director shall respond in writing, regardless of whether or not
the matter constitutes a grievance as defined under this grievance
procedure, and/or is timely submitted. In the response, the State
Program Director may determine that the matter submitted as a grievance
is not grievable, is not considered a grievance, or fails to meet the
time limit for response. If the State Program Director makes any such
determination, he or she may dismiss the complaint, setting forth the
reason(s) for the dismissal. In such a case, the State Program Director
need not address the complaint on the merits, nor make a determination
of the complaint on the merits.
Sec. 2556.365 May a VISTA appeal a grievance?
(a) The VISTA may appeal in writing to the appropriate Area Manager
the response of the State Program Director to the grievance, as set
forth in Sec. 2556.360(b)(3). To be eligible to appeal a grievance
response to the Area Manager, the VISTA must have
[[Page 25651]]
exhausted all appropriate actions as set forth in Sec. 2556.360.
(b) A VISTA's grievance appeal must be in writing and contain
sufficient detail to identify the subject matter of the grievance,
specify the relief requested, and be signed by the VISTA.
(c) The VISTA must submit a grievance appeal to the appropriate
Area Manager no later than 10 calendar days after the State Program
Director issues his or her response to the grievance.
(d) Certain matters contained in a grievance appeal may be
rejected, rather than denied on the merits, by the Area Manager. A
grievance appeal may be rejected, in whole or in part, for any of the
following reasons:
(1) The grievance appeal was not submitted to the appropriate Area
Manager within the time limit specified above in (c) of this section;
(2) The grievance appeal consists of matters not contained within
the definition of a grievance, as specified in section Sec.
2556.350(a);
(3) The grievance appeal consists of matters excluded from the
VISTA program grievance procedure, as specified in Sec. 2556.350(b);
or
(4) The grievance appeal contains matters that are moot, or for
which relief has otherwise been granted.
(e) Within 14 calendar days of receipt of the grievance, the
appropriate Area Manager shall decide the grievance appeal on the
merits, or reject the grievance appeal in whole or in part, or both, as
appropriate. The Area Manager shall notify the VISTA in writing of the
decision and specify the grounds for the appeal decision. The appeal
decision shall include a statement of the basis for the decision and is
a final decision of CNCS.
Subpart E--Termination for Cause Procedures
Authority: Secs. 103(b), 103(c), 103(f), and 404(e), Pub. L. 93-
113, as amended.
Sec. 2556.400 What is termination for cause? What are the criteria
for termination for cause?
(a) Termination for cause is discharge of a VISTA from the VISTA
program due to a deficiency, or deficiencies, in conduct or
performance.
(b) CNCS may terminate for cause a VISTA for any of the following
reasons:
(1) Conviction of any criminal offense under Federal, State, or
local statute or ordinance;
(2) Violation of any provision of the Domestic Service Volunteer
Act of 1973, as amended, or any CNCS or VISTA program policy,
regulation, or instruction;
(3) Failure, refusal, or inability to perform prescribed project
duties as outlined in the project plan, assignment description, or as
directed by the sponsor to which the VISTA is assigned;
(4) Involvement in activities which substantially interfere with
the VISTA's performance of project duties;
(5) Intentional false statement, misrepresentation, omission,
fraud, or deception in seeking to obtain selection as a VISTA in the
VISTA program;
(6) Any conduct on the part of the VISTA which substantially
diminishes his or her effectiveness as a VISTA; or
(7) Unsatisfactory performance of an assignment.
Sec. 2556.405 Who has sole authority to remove a VISTA from a VISTA
project? Who has sole authority to terminate a VISTA from the VISTA
program?
(a) CNCS has the sole authority to remove a VISTA from a project
where he or she has been assigned.
(b) CNCS has the sole authority to terminate for cause, or
otherwise terminate, a VISTA from the VISTA program.
(c) Neither the sponsoring organization nor any of its
subrecipients has the authority to remove a VISTA from a project or to
terminate a VISTA for cause, or for any other basis, from the VISTA
program.
Sec. 2556.410 May a sponsor request that a VISTA be removed from its
project?
(a) The head of a sponsoring organization, or his or her designee,
may request that CNCS remove a VISTA assigned to its project. Any such
request must be submitted in writing to the appropriate State Program
Director and should state the reasons for the request.
(b) The State Program Director may, at his or her discretion,
attempt to resolve the situation with the sponsor so that an
alternative solution other than removal of the VISTA from the project
assignment is reached.
(c) When an alternative solution, as referenced above in
2556.410(b) of this section is not sought, or is not reached within a
reasonable time period, the State Program Director shall remove the
VISTA from the project.
Sec. 2556.415 May CNCS remove a VISTA from a project without the
sponsor's request for removal?
Of its own accord, CNCS may remove a VISTA from a project
assignment without the sponsor's request for removal.
Sec. 2556.420 What are termination for cause proceedings?
(a) Termination for cause proceedings are initiated by the State
Program Director when CNCS removes a VISTA from a project assignment
due to an alleged deficiency, or alleged deficiencies, in conduct or
performance.
(b) The State Program Director or other CNCS State Office staff, to
the extent practicable, communicates the matter with the VISTA who is
removed from a VISTA project and the administrative procedures as set
forth below in Sec. Sec. 2556.420(c) through (e) are followed.
(c) The State Program Director shall notify VISTA in writing of
CNCS's proposal to terminate for cause. The written proposal to
terminate him or her for cause must give the VISTA the reason(s) for
the proposed termination, and notify him or her that he or she has 10
calendar days within which to answer in writing the proposal to
terminate him or her for cause, and to furnish any accompanying
statements or written material. The VISTA must submit any answer to the
appropriate State Program Director identified in the written proposal
to terminate for cause within the deadline specified in the proposal to
terminate for cause.
(d) Within 10 calendar days of the expiration of the VISTA's
deadline to answer the proposal to terminate for cause, the appropriate
State Program Director shall issue a written decision regarding the
proposal to terminate for cause.
(1) If the decision is to terminate the VISTA for cause, the
decision shall set forth the reasons for the determination and the
effective date of termination (which may be on or after the date of the
decision).
(2) If the decision is not to terminate the VISTA for cause, the
decision shall indicate that the proposal to terminate for cause is
rescinded.
(e) A VISTA who does not submit a timely answer to the appropriate
State Program Director, as set forth in paragraph (c) of this section,
is not entitled to appeal the decision regarding the proposal to
terminate for cause. In such cases, CNCS may terminate the VISTA for
cause, on the date identified in the decision, and the termination
action is final.
Sec. 2556.425 May a VISTA appeal his or her termination for cause?
(a) Within 10 calendar days of the appropriate State Program
Director's issuance of the decision to terminate the VISTA for cause,
as set forth above in Sec. 2556.420(d), the VISTA may appeal the
decision to the appropriate Area Manager. The appeal must be in writing
and specify the reasons for the VISTA's disagreement with the decision.
[[Page 25652]]
(b) CNCS shall not incur any expenses or travel allowances for the
VISTA in connection with the preparation or presentation of the appeal.
(c) The VISTA may have access to records as follows:
(1) The VISTA may review any material in the VISTA's official CNCS
file and any relevant CNCS records to the extent permitted by the
Freedom of Information Act and the Privacy Act, 5 U.S.C. 552, 552a.
Examples of documents that may be withheld include references obtained
under pledge of confidentiality, official files of other program
participants, and privileged intra-agency documents.
(2) The VISTA may review relevant records in the possession of a
sponsor to the extent such documents are disclosable by the sponsor
under applicable freedom of information act and privacy laws.
(d) Within 14 calendar days of receipt of any appeal by the VISTA,
the Area Manager or equivalent CNCS official shall issue a written
appeal determination. The appeal determination shall indicate the
reasons for such an appeal determination. The appeal determination
shall be final.
Sec. 2556.430 Is a VISTA who is terminated early from the VISTA
program for other than cause entitled to appeal under these procedures?
(a) Only a VISTA whose early termination from the VISTA program is
for cause, and who has answered the proposal to terminate him or her
for cause in a timely manner, as set forth in Sec. 2556.420(c), is
entitled to appeal the early termination action, as referenced in Sec.
2556.425. A termination for cause is based on a deficiency, or
deficiencies, in the performance or conduct of a VISTA.
(b) The following types of early terminations from the VISTA
program are not terminations for cause, and are not entitled to appeal
under the early termination appeal procedure set forth in Sec. Sec.
2556.420 and 2556.425:
(1) Resignation from the VISTA program prior to the issuance of a
decision to terminate for cause, as set forth in Sec. 2556.420(d);
(2) Early termination from the VISTA program because a VISTA did
not secure a suitable reassignment to another project; and
(3) Medical termination from the VISTA program.
Subpart F--Summer Associates
Authority: Secs. 104(d) and 104(e), Pub. L. 93-113, as amended.
Sec. 2556.500 How is a position for a summer associate established in
a project?
(a) From time-to-time, the State Program Director invites sponsors
within the state to apply for one or more positions for individuals to
serve as summer associates at the sponsor's VISTA project.
(b) Subject to VISTA assistance availability, CNCS approves the
establishment of summer associate positions based on the following
factors:
(1) The need in the community, as demonstrated by the sponsor, for
the performance of project activities by a summer associate(s);
(2) The content and quality of summer associate project plans;
(3) The capacity of the sponsor to implement the summer associate
project activities; and
(4) The sponsor's compliance with all applicable parts of the DVSA,
VISTA program policy, and the sponsor's Memorandum of Agreement, which
incorporates their project application.
Sec. 2556.505 How do summer associates differ from other VISTAs?
Summer associates differ from other VISTAs in the following ways:
(a) Summer associates are not eligible to receive:
(1) Health care through a health benefits program provided by CNCS;
(2) Child care support through a child care program provided by
CNCS;
(3) Payment for settling-in expenses; or
(4) Non-competitive eligibility in accordance with 5 CFR 315.605.
(b) Absent extraordinary circumstances, summer associates are not
eligible to receive:
(1) Payment for travel expenses incurred for travel to or from the
project site to which the summer associate is assigned; or
(2) A baggage allowance for the costs of transporting personal
effects to or from the project site to which the summer associate is
assigned to serve.
(c) CNCS may discharge a summer associate due to a deficiency, or
deficiencies, in conduct or performance. Summer associates are not
subject to Subpart E of this Part, or to the grievance procedures
provided to VISTAs set forth above in sections 2556.345 through
2556.365.
Subpart G--VISTA Leaders
Authority: Sec. 104(b), Pub. L. 93-113, as amended.
Sec. 2556.600 How is a position for a leader established in a
project, or in multiple projects within a contiguous geographic region?
(a) At its discretion, CNCS may approve the establishment of a
leader position based on the following factors:
(1) The need for a leader in a project of a substantial size and
with multiple VISTAs assigned to serve at that project, or the need for
leader for multiple projects located within a contiguous geographic
region.
(2) The need for a leader to assist with the communication of VISTA
policies and administrative procedures to VISTAs within a project, or
throughout the multiple projects within a contiguous geographic region,
as applicable.
(3) The need for a leader to assist with the professional
development of VISTAs within a project, or throughout the multiple
projects within a contiguous geographic region, as applicable.
(4) The need for a leader to assist with the recruitment and
preparation for the arrival of VISTAs within a project, or throughout
the multiple projects within a contiguous geographic region, as
applicable.
(5) The capacity of the VISTA supervisor to support and guide the
leader.
(b) A sponsor may request, in its project application, that CNCS
establish a leader position in its project.
Sec. 2556.605 Who is eligible to apply to serve as a leader?
An individual is eligible to apply to serve as a leader if he or
she has successfully completed any of the following:
a) At least one year of service as a VISTA;
b) At least one full term of service as a full-time AmeriCorps
State and National member;
c) At least one full term of service as a member of the AmeriCorps
National Civilian Community Corps (NCCC); or
d) At least one traditional term of service as a Peace Corps
Volunteer.
Sec. 2556.610 What is the application process to apply to become a
leader?
(a) Application Package: An eligible individual must apply in
writing to CNCS to become a leader. The sponsor's recommendation and
related materials, described below in 2556.610 (b) of this section,
must be included with the individual's application to become a leader.
(b) Sponsor Recommendation: A sponsor where an individual is
seeking to serve as a leader must recommend in writing to CNCS the
individual to
[[Page 25653]]
become a leader. Included with the recommendation must be an evaluation
of the individual's performance while in previous service, a
description of specific tasks, responsibilities, qualifications, and
other relevant information that justifies the placement of the
individual in a leader position, and if appropriate, the establishment
of a leader position.
(c) Selection: CNCS shall have sole authority to select a leader.
The criteria for selection shall include consideration of the
individual's application and the sponsor's recommendation described in
Sec. 2556.610(b).
Sec. 2556.615 Who reviews a leader application? Who approves or
disapproves a leader application?
CNCS reviews the application package for the leader position,
considers the recommendation of the sponsor, and approves or
disapproves the individual to serve as a leader.
Sec. 2556.620 How does a leader differ from other VISTAs?
The application process to apply to become a leader, as described
in Sec. 2556.610, is separate and distinct from the application
process to apply to enroll as a VISTA in the VISTA program;
(a) A leader may receive a living allowance computed at a higher
daily rate than other VISTAs, as authorized under section 105(a)(1)(B)
of the DVSA.
(b) A leader is subject to all the terms and conditions of service
described in Sec. 2556.625 of this subpart.
Sec. 2556.625 What are terms and conditions of service for a leader?
Though not exhaustive, terms and conditions of service as a leader
include:
(a) A leader makes a full-time commitment to serve as a leader,
without regard to regular working hours, for a minimum of one year.
(b) To the maximum extent practicable, a leader shall live among
and at the economic level of the low-income community served by the
project and actively seek opportunities to engage with that low-income
community.
(c) A leader aids the communication of VISTA policies and
administrative procedures to VISTAs.
(d) A leader assists with the leadership development of VISTAs.
(e) A leader is a resource in the development and delivery of
training for VISTAs.
(f) A leader may assist the sponsor with recruitment and
preparation for the arrival of VISTAs.
(g) A leader may advise a supervisor on potential problem areas and
needs of VISTAs.
(h) A leader aids VISTAs in the development of effective working
relationships and understanding of VISTA program concepts.
(i) A leader may aid the supervisor and sponsor in directing or
focusing the VISTA project to best address the community's needs.
(j) A leader may serve as a collector of data for performance
measures of the project and the VISTAs.
(k) A leader is prohibited from supervising VISTAs. A leader is
also prohibited from handling or managing, on behalf of the project,
personnel-related matters affecting VISTAs. Personnel-related matters
affecting VISTAs must be managed and handled by the project and in
coordination with the appropriate CNCS State Office.
Subpart H--Restrictions and Prohibitions on Political Activities
and Lobbying
Authority Secs. 104(a), 403, and 415(b), Pub. L. 93-113, as
amended.
Sec. 2556.700 Who is covered by this subpart?
(a) All VISTAs, including leaders and summer associates, are
subject to this Subpart.
(b) All employees of VISTA sponsors and projects, whose salaries or
other compensation are paid, in whole or in part, with VISTA grant
assistance are subject to this Subpart.
(c) All VISTA sponsors and projects are subject to this subpart.
Sec. 2556.705 What is prohibited political activity?
For purposes of the regulations in this subpart, ``prohibited
political activity'' means an activity directed toward the success or
failure of a political party, candidate for partisan political office,
or partisan political group.
Sec. 2556.710 What political activities are VISTAs prohibited from
engaging in?
(a) A VISTA may not use his or her official authority or influence
to interfere with or affect the result of an election.
(b) A VISTA may not use his or her official authority or influence
to coerce any individual to participate in political activity.
(c) A VISTA may not use his or her official VISTA program title
while participating in prohibited political activity.
(d) A VISTA may not participate in prohibited political activities
in the following circumstances:
(1) While he or she is on duty;
(2) While he or she is wearing an article of clothing, logo,
insignia, or other similar item that identifies CNCS, the VISTA
program, or one of CNCS's other national service programs;
(3) While he or she is in any room or building occupied in the
discharge of VISTA duties by an individual employed by the sponsor; and
(4) While using a vehicle owned or leased by a sponsor or project,
or while using a privately-owned vehicle in the discharge of VISTA
duties.
Sec. 2556.711 What political activities may a VISTA participate in?
(a) Provided that paragraph (b) of this section is fully adhered
to, a VISTA may:
(1) Express his or her opinion privately and publicly on political
subjects;
(2) Be politically active in connection with a question which is
not specifically identified with a political party, such as a
constitutional amendment, referendum, approval of a municipal
ordinance, or any other question or issue of similar character;
(3) Participate in the nonpartisan activities of a civic,
community, social, labor, or professional organization, or of a similar
organization; and
(4) Participate fully in public affairs, except as prohibited by
other Federal law, in a manner which does not compromise his or her
efficiency or integrity as a VISTA, or compromise the neutrality,
efficiency, or integrity of CNCS or the VISTA program.
(b) A VISTA may participate in political activities set forth above
in paragraph (a) as long as such participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interfere with his or her provision of service in the
VISTA program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
[[Page 25654]]
Sec. 2556.712 May VISTAs participate in political organizations?
(a) Provided that paragraph (b) of this section is fully adhered
to, and in accordance with the prohibitions set forth in Sec.
2556.710, a VISTA may:
(1) Be a member of a political party or other political group and
participate in its activities;
(2) Serve as an officer of a political party or other political
group, a member of a national, State, or local committee of a political
party, an officer or member of a committee of a political group, or be
a candidate for any of these positions;
(3) Attend and participate fully in the business of nominating
caucuses of political parties;
(4) Organize or reorganize a political party organization or
political group;
(5) Participate in a political convention, rally, or other
political gathering; and
(6) Serve as a delegate, alternate, or proxy to a political party
convention.
(b) A VISTA may participate in a political organization as long as
such participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interfere with the provision of service in the VISTA
program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
Sec. 2556.713 May VISTAs participate in political campaigns?
(a) Provided that paragraph (b) of this section is fully adhered
to, and in accordance with the prohibitions set forth above in Sec.
2556.710, a VISTA may:
(1) Display pictures, signs, stickers, badges, or buttons
associated with political parties, candidates for partisan political
office, or partisan political groups, as long as these items are
displayed in accordance with the prohibitions set forth above in Sec.
2556.710;
(2) Initiate or circulate a nominating petition for a candidate for
partisan political office;
(3) Canvass for votes in support of or in opposition to a partisan
political candidate or a candidate for political party office;
(4) Endorse or oppose a partisan political candidate or a candidate
for political party office in a political advertisement, broadcast,
campaign literature, or similar material; and
(5) Address a convention caucus, rally, or similar gathering of a
political party or political group in support of or in opposition to a
partisan political candidate or a candidate for political party office.
(b) A VISTA may participate in a political campaign as long as such
participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interfere with the provision of service in the VISTA
program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
Sec. 2556.714 May VISTAs participate in elections?
(a) Provided that paragraph (b) of this section is fully adhered
to, and in accordance with the prohibitions set forth above in Sec.
2556.710, a VISTA may:
(1) Register and vote in any election;
(2) Act as recorder, watcher, challenger, or similar officer at
polling places;
(3) Serve as an election judge or clerk, or in a similar position;
and
(4) Drive voters to polling places for a partisan political
candidate, partisan political group, or political party.
(5) Participate in voter registration activities.
(b) A VISTA may participate in elections as long as such
participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interfere with the provision of service in the VISTA
program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
Sec. 2556.715 May a VISTA be a candidate for public office?
(a) Except as provided in paragraph (c) of this section, no VISTA
may run for the nomination to, or as a candidate for election to,
partisan political office.
(b) In accordance with the prohibitions set forth in Sec.
2556.710, a VISTA may participate in elections as long as such
participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interference with the provision of service in the
VISTA program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
(c) Provided that paragraphs (a) and (b) of this section are
adhered to, and in accordance with the prohibitions set forth in Sec.
2556.710, a VISTA may:
(1) Run as an independent candidate in a partisan election in
designated U.S. municipalities and political subdivisions as set forth
at 5 CFR part 733; and
(2) Run as a candidate in a non-partisan election.
Sec. 2556.716 May VISTAs participate in political fundraising
activities?
(a) Provided that paragraphs (b)-(d) below of this section are
fully adhered to, and in accordance with the prohibitions set forth in
Sec. 2556.710, a VISTA may:
(1) Make a political contribution to a political party, political
group, campaign committee of a candidate for public office in a
partisan election;
(2) Attend a political fundraiser; and
[[Page 25655]]
(3) Solicit, accept, or receive uncompensated volunteer services
for a political campaign from any individual.
(b) A VISTA may participate in fundraising activities as long as
such participation:
(1) Does not interfere with the performance of, or availability to
perform, his or her assigned VISTA project duties;
(2) Does not interfere with the provision of service in the VISTA
program;
(3) Is not conducted in a manner involving the use of VISTA
assistance, resources or funds;
(4) Would not result in the identification of the VISTA as being a
participant in or otherwise associated with the VISTA program;
(5) Is not conducted during scheduled VISTA service hours; and
(6) Does not interfere with the full-time commitment to remain
available for VISTA service without regard to regular working hours, at
all times during periods of service, except for authorized periods of
leave.
(c) A VISTA may not knowingly:
(1) Personally solicit, accept, or receive a political contribution
from another individual;
(2) Personally solicit political contributions in a speech or
keynote address given at a fundraiser;
(3) Allow his or her perceived or actual affiliation with the VISTA
program, or his or her official title as a VISTA, to be used in
connection with fundraising activities; or
(4) Solicit, accept, or receive uncompensated individual volunteer
services from a subordinate, (e.g., a leader may not solicit, accept or
receive a political contribution from a VISTA).
(d) Except for VISTAs who reside in municipalities or political
subdivisions designated under 5 CFR part 733, no VISTA may accept or
receive a political contribution on behalf of an individual who is a
candidate for local partisan political office and who represents a
political party.
Sec. 2556.717 Are VISTAs prohibited from soliciting or discouraging
the political participation of certain individuals?
(a) A VISTA may not knowingly solicit or discourage the
participation in any political activity of any individual who has an
application for any compensation, grant, contract, ruling, license,
permit, or certificate pending before CNCS or the VISTA program.
(b) A VISTA may not knowingly solicit or discourage the
participation of any political activity of any individual who is the
subject of, or a participant in, an ongoing audit, investigation, or
enforcement action being carried out by or through CNCS or the VISTA
program.
Sec. 2556.718 What restrictions and prohibitions are VISTAs subject
to who campaign for a spouse or family member?
A VISTA who is the spouse or family member of either a candidate
for partisan political office, candidate for political party office, or
candidate for public office in a nonpartisan election, is subject to
the same restrictions and prohibitions as other VISTAs, as set forth in
Sec. 2556.713.
Sec. 2556.719 May VISTAs participate in lawful demonstrations?
In accordance with the prohibitions set forth in Sec. 2556.710,
VISTAs may participate in lawful demonstrations, political rallies, and
other political meetings, so long as such participation is in
conformance with all of the following:
(a) Occurs only while on authorized leave or while otherwise off
duty;
(b) Does not include attempting to represent, or representing the
views of VISTAs or the VISTA program on any public issue;
(c) Could not be reasonably understood by the community as being
identified with the VISTA program, the project, or other elements of
VISTA service; and
(d) Does not interfere with the discharge of VISTA duties.
Sec. 2556.720 May a sponsor approve the participation of a VISTA in a
demonstration or other political meeting?
(a) No VISTA sponsor shall approve a VISTA to be involved in
planning, initiating, participating in, or otherwise aiding or
assisting in any demonstration or other political meeting.
(b) Any VISTA sponsor which, subsequent to the receipt of any CNCS
financial assistance, including the assignment of VISTAs, approves the
participation of a VISTA in a demonstration or other political meeting,
shall be subject to procedures related to the suspension or termination
of such assistance, as provided in Subpart B, Sec. Sec. 2556.135 to
2556.140.
Sec. 2556.721 What disciplinary actions are VISTAs subject to for
violating restrictions or prohibitions on political activities?
Violations by a VISTA of any of the prohibitions or restrictions
set forth in this Subpart may warrant termination for cause, in
accordance with proceedings set forth at Sec. Sec. 2556.420, 2556.425,
and 2556.430.
Sec. 2556.722 What are the requirements of VISTA sponsors regarding
political activities?
(a) All sponsors are required to:
(1) Understand the restrictions and prohibitions on the political
activities of VISTAs, as set forth in this Subpart;
(2) Provide training to VISTAs on all applicable restrictions and
prohibitions on political activities, as set forth in this Subpart, and
use training materials that are consistent with these restrictions and
prohibitions;
(3) Monitor on a continuing basis the activity of VISTAs for
compliance with this Subpart; and
(4) Report all violations, or questionable situations, immediately
to the appropriate CNCS State Office.
(b) Failure of a sponsor to comply with the requirements of this
Subpart, or a violation of the requirements contained in this Subpart
by the sponsor or project, sponsor or project's covered employees,
agents, or VISTAs, may be deemed to be a material failure to comply
with terms or conditions of the VISTA program. In such a case, the
sponsor shall be subject to procedures related to the denial or
reduction, or suspension or termination, of such assistance, as
provided in Sec. Sec. 2556.125, 2556.130, and 2556.140.
Sec. 2556.723 What prohibitions and restrictions on political
activity apply to employees of VISTA sponsors or projects?
(a) All employees of VISTA sponsors and projects, whose salaries or
other compensation are paid, in whole or in part, with VISTA funds are
subject to all applicable prohibitions and restrictions described in
this Subpart in the following circumstances:
(1) Whenever they are engaged in an activity that is supported by
CNCS or VISTA funds or assistance; and
(2) Whenever they identify themselves as acting in their capacity
as an official of a VISTA project that receives CNCS or VISTA funds or
assistance, or could reasonably be perceived by others as acting in
such a capacity.
Sec. 2556.724 What prohibitions on lobbying activities apply to VISTA
sponsors?
(a) No VISTA sponsor shall assign a VISTA to perform service or
engage in activities related to influencing the passage or defeat of
legislation or proposals by initiative petition.
(b) No VISTA sponsor shall use any CNCS financial assistance, such
as VISTA funds or the services of a VISTA, for any activity related to
influencing the passage or defeat of legislation or proposals by
initiative petition.
Dated: April 24, 2015.
Paul Monteiro,
Director, AmeriCorps VISTA.
[FR Doc. 2015-09998 Filed 5-4-15; 8:45 am]
BILLING CODE 6050-28-P