Volunteers in Service to America, 4945-4961 [2023-01443]

Agencies

• Corporation for National and Community Service

[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Proposed Rules]
[Pages 4945-4961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01443]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 4556

RIN 3045-AA70; 3045-AA79


Volunteers in Service to America

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Corporation for National and Community Service (operating 
as AmeriCorps) is proposing to update its regulations to reflect 
current position titles and roles, define the statutory phrase ``direct 
cost of supporting volunteers,'' revise provisions that no longer 
reflect AmeriCorps' practice, and make technical changes. The position 
titles must be updated because VISTA now operates through Regional 
Administrators, rather than State Program Directors. The statutory 
phrase interpretation is necessary because under its authorizing 
statute, AmeriCorps may not provide a non-competitive grant for the 
``direct cost of supporting volunteers'' to projects less than one year 
old. This proposed rule would define the phrase to include those funds 
paid directly for the support of VISTA volunteers, such as living 
allowances, travel reimbursements, and end-of-service benefits, but not 
funds paid for the support of the VISTA sponsor organization. This 
change would make VISTA projects more accessible to organizations in 
underserved communities that may not have otherwise been able to secure 
the resources to devote a supervisor or certain administrative costs to 
a new project.

DATES: Written comments must be submitted by March 27, 2023.

ADDRESSES: You may send your comments electronically through the 
Federal government's one-stop rulemaking website at 
www.regulations.gov. You may also send your comments to Elizabeth 
Appel, Associate General Counsel, at [email protected] or by mail to 
AmeriCorps, 250 E Street SW, Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Carly Bruder, Acting Director, 
AmeriCorps VISTA, at [email protected], (202) 606-6871, or by mail to

[[Page 4946]]

AmeriCorps, 250 E Street SW, Washington, DC 20525.

SUPPLEMENTARY INFORMATION:

I. Background

    AmeriCorps VISTA is a national service program designed to provide 
needed resources to nonprofit organizations and public agencies to 
strengthen and supplement efforts to address poverty and poverty-
related problems in the United States and certain U.S. territories. The 
VISTA program provides opportunities for individuals to join as 
volunteers (``members'') who perform, on a full-time basis, service 
with an organization (``sponsor'') to create, strengthen, or expand 
initiatives designed to assist individuals and communities in 
addressing poverty. Each year, the AmeriCorps VISTA program awards non-
grant (i.e., VISTA member, leader, or summer associate positions) and 
grant resources to sponsors. A sponsor is responsible for designing and 
implementing the VISTA project and recruiting, supervising, and 
providing necessary administrative support (e.g., supplies and 
equipment, in-service training and development, mileage reimbursement) 
to VISTA members to complete the goals of the project. Among its 
grants, AmeriCorps VISTA offers non-competitive grants to fund sponsor 
organizations' costs to supply, among other items, supervision for a 
VISTA project.

II. Overview of Proposed Rule

    The Domestic Volunteer Service Act of 1973 (DVSA) states that 
AmeriCorps may not provide a grant for the ``direct cost of supporting 
volunteers'' to any project that is less than one year old unless that 
grant is awarded competitively. See 42 U.S.C. 4960(b). Under this 
statutory provision, AmeriCorps may provide non-competitive support 
grants only to projects that have been operating for a year or more, or 
to projects less than one year old if the grant is for something other 
than the ``direct cost of supporting volunteers.''
    This proposed rule would define ``direct cost of supporting 
volunteers'' to include only the funds paid directly for the support of 
VISTA members, such as living allowances, travel reimbursements, and 
end-of-service benefits. With this definition, the proposed rule would 
make clear that AmeriCorps can provide noncompetitive grants to support 
a VISTA sponsor organization, including funds to support the sponsor 
organization's supervisor, for a VISTA project that is less than one 
year old. Over the past few years, sponsors with projects less than a 
year old have not been able to access noncompetitive support grants 
because of AmeriCorps' previous broad interpretation of the phrase 
``direct cost of supporting volunteers'' to include not only the costs 
of supporting members but also the costs of supporting the sponsor's 
supervisor. The proposed rule would make VISTA projects more accessible 
to sponsor organizations in underserved communities who may not have 
otherwise been able to secure the resources to devote a supervisor or 
certain administrative costs to a new project. The limitations on VISTA 
sponsors receiving funding for the direct cost of supporting volunteers 
are set out in proposed Sec.  2556.180.
    This proposed rule would also update position titles and roles to 
reflect current agency organization, revise provisions that no longer 
reflect current practice, and make technical changes. Specifically, the 
proposed rule would:
     In the definitions section, at Sec.  2556.5:
    [cir] Delete the definitions of ``Area Manager'' and ``State 
Program Director''
    [cir] Add definitions for ``Deputy Regional Administrator,'' 
``Portfolio Manager,'' ``Regional Administrator,'' ``Senior Portfolio 
Manager,'' ``VISTA Case Manager,'' and ``VMSU Director.''
    [cir] Replace the definition of ``CNCS'' with a definition of 
``AmeriCorps'' to reflect that the Agency operates as AmeriCorps.
     In Sec.  2556.200, clarify that both the age and 
citizenship status of the individual entering VISTA service are 
determined at the time they take their oath or affirmation of service, 
and delete ``lawful permanent resident'' as an example of individuals 
legally residing in a State because there may be additional categories 
of individuals legally residing in a State that are not technically 
``lawful permanent residents'' (e.g., refugees prior to obtaining a 
green card).
     In Sec.  2556.305(c), delete the requirement for VISTA 
members to actively seek opportunities to engage with the low-income 
community because the nature of modern service requirements may not 
provide for those opportunities, and delete ``without regard to regular 
working hours'' because paragraph (a) already addresses that point.
     In Sec.  2556.320(d) and Sec.  2556.505(b)(2), replace 
reference to a ``baggage allowance'' benefit to transport personal 
effects to the project site with reference to a ``location travel 
allowance'' to offset the cost of relocating from the home of record to 
the project site, to more accurately describe what the allowance is 
provided for.
     In Sec.  2556.350(b)(3), add ``the content of'' to clarify 
that matters excluded from the VISTA program grievance procedures 
include those related to the content of any law, published rule, 
regulation, policy or procedure.
     In Sec.  2556.500, delete paragraph (a), which provides 
that the State Program Director invites sponsors in the State to apply 
for positions for individuals to serve as summer associates at the 
sponsor's VISTA project, because the current process does not include a 
separate invitation outside of the annual award-making process.
     In Sec.  2556.610, remove the list of specific components 
of a sponsor recommendation, to allow sponsors greater flexibility in 
drafting their recommendations, and instead clarify the criteria that 
AmeriCorps relies upon when selecting leaders as including 
consideration of the individual's experience, special skills, and 
leadership.
     Make the following updates to position titles and agency 
organization:
    [cir] In Sec.  2556.320(i), change ``State Program Director'' to 
``VISTA Case Manager'' for the role of determining if a VISTA did not 
successfully complete a full term of service because of a compelling 
personal circumstance;
    [cir] In Sec.  2556.360(a), change ``State Program Director'' to 
``Deputy Regional Administrator'' for the role of receiving and issuing 
a determination on a grievance brought by a VISTA;
    [cir] In Sec.  2556.365, change ``Area Manager'' to ``Regional 
Administrator'' as the official who will receive an appeal of a VISTA 
grievance, and change ``State Program Director'' to ``Deputy Regional 
Administrator'';
    [cir] In Sec.  2556.410, change ``State Program Director'' to 
``Portfolio Manager'' for handling requests of sponsoring organizations 
to remove a VISTA member from its project;
    [cir] In Sec.  2556.420(a), (b), and (d), change ``State Program 
Director'' and ``State Program Director or other CNCS State Office 
Staff'' to ``AmeriCorps'' generally, to allow the agency to determine 
and address in policy the appropriate personnel to handle termination 
for cause proceedings. In paragraphs (c) and (d), change ``State 
Program Director'' to ``VISTA Case Manager'' to specify that the VISTA 
Case Manager will be the person who sends a VISTA member a proposal to 
terminate, and to whom the member addresses any answer to the proposal;

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    [cir] In Sec.  2556.425(a), change ``State Program Director'' to 
``the appropriate AmeriCorps Director'' as the issuer of a termination 
decision and change ``appropriate Area Manager'' to ``VMSU Director'' 
as the official to whom a VISTA may submit an appeal of the termination 
decision, and in paragraph (d) change ``Area Manager'' to ``VMSU 
Director'' as the official issuing a written appeal determination.
    [cir] In Sec.  2556.625(k), change ``State Office'' to ``Regional 
Office.''
     Throughout the regulation:
    [cir] Change ``CNCS'' to ``AmeriCorps'' to reflect that the Agency 
operates as AmeriCorps;
    [cir] Change ``he or she'' and ``his or her'' to gender-neutral 
``they'' and ``their'';
    [cir] Change ``shall'' to ``will'' or ``must'' or other language as 
appropriate to more clearly convey in plain language what is required 
and allowed, and change ``shall not'' to ``may not'' in accordance with 
plain language guidelines in Sec. Sec.  2556.105(b), 2556.120(a)-(b), 
2556.125(b), 2556.130(a)-(e), 2556.135(b)-(e), 2556.140(c)-(f), 
2556.145, 2556.150(f), 2556.155(d)-(e), 2556.160(a)-(b), 2556.165, 
2556.170(d)(2), 2556.175(a), 2556.305(c), 2556.320(i)-(j), 2556.345(b)-
(c), 2556.360(a)(3) and (b)(3), 2556.365(e), 2556.410(c), 2556.420(c)-
(d), 2556.425(b) and (d), 2556.610(c), 2556.625(b), 2556.760(a)-(b), 
2556.770(b), and 2556.780(a)-(b).
    Other non-substantive changes were made to the text throughout to 
improve readability. Together, these changes are easiest to see in 
their context, with a reprinting of the entire part 2556.

III. Regulatory Analyses

A. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
The Office of Information and Regulatory Affairs in the Office of 
Management and Budget does not anticipate that this will be a 
significant regulatory action.

B. Congressional Review Act (Small Business Regulatory Enforcement 
Fairness Act of 1996, Title II, Subtitle E)

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, AmeriCorps will submit 
for an interim or final rule a report to each House of the Congress and 
to the Comptroller General of the United States. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. The Office of Information and Regulatory Affairs in the 
Office of Management and Budget anticipates that this will not be a 
major rule under 5 U.S.C. 804 because this rule 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.

C. Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 
et seq.), AmeriCorps certifies that this rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. Therefore, AmeriCorps has not performed the initial 
regulatory flexibility analysis that is required under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to 
have such results.

D. Unfunded Mandates Reform Act of 1995

    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.

E. Paperwork Reduction Act

    Under the PRA, an agency may not conduct or sponsor a collection of 
information unless the collections of information display valid control 
numbers. This proposed rule does not affect any information 
collections.

F. 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. This rulemaking does not have any 
federalism implications, as described above.

G. Takings (E.O. 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630 because 
this proposed rule does not affect individual property rights protected 
by the Fifth Amendment or involve a compensable ``taking.'' A takings 
implication assessment is not required.

H. Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rulemaking: (a) meets the criteria of 
section 3(a) requiring that all regulations be reviewed to eliminate 
errors and ambiguity and be written to minimize litigation; and (b) 
meets the criteria of section 3(b)(2) requiring that all regulations be 
written in clear language and contain clear legal standards.

I. Consultation With Indian Tribes (E.O. 13175)

    AmeriCorps recognizes the inherent sovereignty of Indian Tribes and 
their right to self-governance. We have evaluated this rulemaking under 
our consultation policy and the criteria in E.O. 13175 and determined 
that this proposed rule does not impose substantial direct effects on 
federally recognized Tribes.

J. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each proposed rule we publish must: (a) be 
logically organized; (b) use the active voice to address readers 
directly; (c) use clear language rather than jargon; (d) be divided 
into short sections and sentences; and (e) use lists and tables 
wherever possible. If you feel that we have not met these requirements, 
please send us comments by one of the methods listed in the ADDRESSES 
section. To help us revise the

[[Page 4948]]

rule, your comments should be as specific as possible.

List of Subjects in 45 CFR Part 2556

    Grant programs--social programs, Volunteers.

    For the reasons stated in the preamble, the Corporation for 
National and Community Service is proposing to amend title 45 of the 
Code of Federal Regulations by revising 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 this part?
2556.5 What definitions apply in this part?
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 AmeriCorps 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 and when may AmeriCorps suspend a VISTA 
project?
2556.140 What is termination and when may AmeriCorps terminate a 
VISTA project?
2556.145 May AmeriCorps 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?
2556.150 What activities are VISTA members not permitted to perform 
as part of service?
2556.155 May a sponsor manage a VISTA project through a 
subrecipient?
2556.160 What are the sponsor's requirements for cost share 
projects?
2556.165 What Fair Labor Standards apply to VISTA sponsors and 
subrecipients?
2556.170 What nondiscrimination requirements apply to sponsors and 
subrecipients?
2556.175 What limitations are VISTA sponsors subject to regarding 
religious activities?
2556.180 What are the limitations on VISTA sponsors receiving 
funding for the direct cost of supporting volunteers?
Subpart C--VISTA Members
2556.200 Who may 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 and 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 a VISTA sponsor's and AmeriCorps' supervisory 
responsibilities 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 and what are the criteria for 
termination for cause?
2556.405 Who has sole authority to remove a VISTA from a VISTA 
project and 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 AmeriCorps 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 their 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 apply 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 and 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?
2556.715 What political activities may a VISTA participate in?
2556.720 May VISTAs participate in political organizations?
2556.725 May VISTAs participate in political campaigns?
2556.730 May VISTAs participate in elections?
2556.735 May a VISTA be a candidate for public office?
2556.740 May VISTAs participate in political fundraising activities?
2556.745 Are VISTAs prohibited from soliciting or discouraging the 
political participation of certain individuals?
2556.750 What restrictions and prohibitions are VISTAs who campaign 
for a spouse or family member subject to?
2556.755 May VISTAs participate in lawful demonstrations?
2556.760 May a sponsor or subrecipient approve the participation of 
a VISTA in a demonstration or other political meeting?
2556.765 What disciplinary actions are VISTAs subject to for 
violating restrictions or prohibitions on political activities?
2556.770 What are the requirements of VISTA sponsors and 
subrecipients regarding political activities?
2556.775 What prohibitions and restrictions on political activity 
apply to employees of VISTA sponsors and subrecipients?
2556.780 What prohibitions on lobbying activities apply to VISTA 
sponsors and subrecipients?

    Authority:  42 U.S.C. 4951-4953; 5 CFR part 734, 42 U.S.C. 
4953(a), (f), 4954(b), (e), 4955(b), 4956, 5043(a)-(c), 5044(a)-(c), 
(e), 5046, 5052, 5056, and 5057; 42 U.S.C. 12651b (g)(10); 42 U.S.C. 
12651c(c); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 2156, 42 
U.S.C. 4954(a), (b), (d), 4955, 5044(e), 5055, and 5059; 42 U.S.C. 
12602(c), 42 U.S.C. 4953(b), (c), (f), and 5044(e).

Subpart A--General Information


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.

[[Page 4949]]

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 this part?

    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 this 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.
    AmeriCorps 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, which 
operates as AmeriCorps.
    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 AmeriCorps, but who has been not been approved 
by AmeriCorps to be a candidate.
    Application for VISTA service means the materials prescribed by 
AmeriCorps to determine an individual's eligibility and suitability for 
VISTA service.
    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 AmeriCorps, 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 AmeriCorps 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.
    Deputy Regional Administrator means an AmeriCorps official who 
reports directly to the Regional Administrator and oversees the day-to-
day regional operations to ensure the quality of program design and 
delivery.
    Education award or Segal AmeriCorps Education Award means an end-
of-service monetary benefit from AmeriCorps' 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 candidate takes 
the Oath to serve in the VISTA program and ends upon their termination 
from a term of service in the VISTA program. The enrollment period may 
begin 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 
AmeriCorps 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 for nomination or 
election represents a political party for which 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.
    Portfolio Manager means an AmeriCorps official who reports to a 
Senior Portfolio Manager and serves as a technical advisor to current 
and prospective grantees and sponsors for effective, timely, and 
compliant administration of grant awards.
    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 AmeriCorps to operate, oversee, and be 
responsible for a VISTA project.
    Project application or VISTA project application means the 
application materials prescribed by AmeriCorps to determine 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 management of the VISTA project.
    Regional Administrator means an AmeriCorps official who is the head 
of a designated region for AmeriCorps and responsible for driving, 
managing, and overseeing the strategic direction and operations of the 
Regional Office.
    Senior Portfolio Manager means an AmeriCorps official who reports 
to a Deputy Regional Administrator and supervises a team of portfolio 
managers and manages an advanced portfolio of grants and program 
development.

[[Page 4950]]

    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.
    Stipend or end-of-service stipend means an end-of-service lump-sum 
monetary benefit from AmeriCorps 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 H of this part. A summer associate 
must be available to provide continuous full-time service 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 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 Case Manager means an AmeriCorps official who reports to the 
VMSU Director and manages service status changes of VISTA members 
(e.g., removals, terminations, and transfers).
    VISTA member, a VISTA, or the VISTA means an individual enrolled 
full-time 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 
member while enrolled in the VISTA program.
    VMSU Director means the AmeriCorps official who is Director of the 
VISTA Member Support Unit and manages daily operations of the VMSU to 
provide services to potential, current, and former VISTA members.


Sec.  2556.7  Are waivers of the regulations in this part allowed?

    Upon a determination of good cause, the Chief Executive Officer of 
AmeriCorps may, subject to statutory limitations, waive any provisions 
of this part.

Subpart B--VISTA Sponsors


Sec.  2556.100  Which entities are eligible to apply to become VISTA 
sponsors?

    The following types of 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 organizations.
    (b) Public nonprofit organizations.
    (c) State government or State government agencies.
    (d) Local government or local government agencies.
    (e) Tribal government or Tribal government agencies.


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 
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 paragraph (a) of this section is subject to 
the procedures in Sec. Sec.  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 AmeriCorps 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 AmeriCorps 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 AmeriCorps.
    (e) A sponsor may receive training and technical assistance related 
to carrying out the 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, workspace, 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 must participate in planning, 
developing, and implementing programs.
    (b) The sponsor must 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 AmeriCorps deny or reduce VISTA assistance to an 
existing VISTA project?

    (a) AmeriCorps may deny or reduce VISTA assistance where a denial 
or reduction is based on:
    (1) Legislative requirement;
    (2) Availability of funding;

[[Page 4951]]

    (3) Failure to comply with applicable term(s) or condition(s) of a 
contract, grant agreement, or an applicable Memorandum of Agreement;
    (4) Ineffective management of AmeriCorps resources;
    (5) Substantial failure to comply with AmeriCorps policy and 
overall objectives under a contract, grant agreement, or applicable 
Memorandum of 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, AmeriCorps is not 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) AmeriCorps will notify the sponsor in writing, at least 75 
calendar days before the anticipated denial or reduction of VISTA 
assistance, that AmeriCorps proposes to deny or reduce VISTA 
assistance. AmeriCorps' written notice will state the reasons for the 
decision to deny or reduce assistance and will provide an opportunity 
period for the sponsor to respond to the merits of the proposed 
decision. AmeriCorps retains sole authority to make the final 
determination as to whether the VISTA assistance at issue will be 
denied or reduced, as appropriate.
    (b) Where AmeriCorps' notice of proposed decision is based upon a 
specific charge of the sponsor's failure to comply with the applicable 
term(s) or condition(s) of a contract, grant agreement, or an 
applicable Memorandum of Agreement, the notice will 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 will be limited to 
conducting the hearing and offering recommendations to AmeriCorps. 
Regardless of whether or not an informal hearing takes place, 
AmeriCorps will retain full authority to make the final determination 
as to whether the VISTA assistance is denied or reduced, as 
appropriate.
    (c) If the recipient requests an informal hearing, in accordance 
with paragraph (b) of this section, such hearing will be held on a date 
specified by AmeriCorps and held at a location convenient to the 
sponsor.
    (d) If AmeriCorps' proposed decision is based on ineffective 
management of resources, or on the substantial failure to comply with 
AmeriCorps policy and overall objectives under a contract, grant 
agreement, or an applicable Memorandum of Agreement, AmeriCorps will 
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. AmeriCorps retains full authority to make the 
final determination whether the VISTA assistance at issue will be 
denied or reduced, as appropriate.
    (e) The recipient will be informed of AmeriCorps' final 
determination on whether the VISTA assistance at issue is denied or 
reduced, and the basis for the determination.
    (f) The procedure in this section does not apply to a denial or 
reduction of VISTA assistance based on legislative requirements, 
availability of funding, or on general policy.


Sec.  2556.135  What is suspension and when may AmeriCorps suspend a 
VISTA project?

    (a) Suspension is any action by AmeriCorps that temporarily 
suspends or curtails 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, 
AmeriCorps 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 will 
be pursuant to notice and opportunity to show cause why assistance 
should not be suspended.
    (c) To initiate suspension proceedings, AmeriCorps will notify the 
sponsor in writing that AmeriCorps is suspending assistance in whole or 
in part. The written notice will contain the following:
    (1) The grounds for the suspension and the effective date 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 AmeriCorps' notice of suspension.
    (d) In deciding whether to continue or lift the suspension, as 
appropriate, AmeriCorps will 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, may be made by the sponsor's VISTA project 
at issue and no new obligations may be incurred in connection with the 
VISTA project at issue except as specifically authorized in writing by 
AmeriCorps.
    (f) AmeriCorps may, at 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 and when may AmeriCorps terminate a 
VISTA project?

    (a) Termination means any action by AmeriCorps that permanently 
terminates or curtails assistance to all or any part of a sponsor's 
VISTA project prior to the time that the project term is concluded.
    (b) AmeriCorps 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, AmeriCorps will notify the 
sponsor in writing that AmeriCorps is proposing to terminate assistance 
in whole or in part. The written notice will 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 the notice is issued, to respond in writing 
to the merits of the proposed termination and their 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 AmeriCorps' notice 
of proposed termination.

[[Page 4952]]

    (d) In deciding whether to effect termination of VISTA assistance, 
AmeriCorps will consider any relevant, timely material presented in 
writing; any relevant material presented during the course of any full 
and fair hearing; and 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, AmeriCorps retains all authority to make the final determination 
as to whether termination of VISTA assistance is appropriate.
    (f) The sponsor will be informed of AmeriCorps' final determination 
on the proposed termination of VISTA assistance, and the basis or bases 
for the determination.
    (g) AmeriCorps may, at 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 AmeriCorps 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 do not preclude 
AmeriCorps 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 (b) through (d) of this section 
do not apply when the sponsor requires the service in order to avoid or 
relieve suffering threatened by, or resulting from, a disaster, civil 
disturbance, terrorism, or war.
    (f) A sponsor or subrecipient may 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 AmeriCorps 
regarding the VISTA program.
    (d) A sponsor may not request or receive any compensation from a 
subrecipient for services performed by a VISTA.
    (e) A sponsor may 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 must enter into a written agreement for cost share as 
prescribed by AmeriCorps.
    (b) A sponsor must make timely cost share payments as prescribed by 
AmeriCorps 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 AmeriCorps, AmeriCorps may 
enter into an agreement with another entity to receive and use funds to 
make cost share payments on behalf of the sponsor.


Sec.  2556.165  What Fair Labor Standards apply to VISTA sponsors and 
subrecipients?

    All sponsors and subrecipients that employ laborers and mechanics 
for construction, alteration, or repair of facilities must 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 
and subrecipients?

    (a) An individual with responsibility for the operation of a 
project that receives AmeriCorps assistance must not discriminate 
against a participant in, or member of the staff of, such project on 
the basis of the participant or staff member's race, color, national 
origin, sex, age, or political affiliation, or on the basis of 
disability, if the participant or staff member is a qualified 
individual with a disability.
    (b) Any AmeriCorps 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 AmeriCorps 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 AmeriCorps funds. This 
provision does not apply to the employment (with AmeriCorps assistance) 
of any staff member of an AmeriCorps-supported project who was employed 
with the organization operating the project on the date the AmeriCorps 
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

[[Page 4953]]

    (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, may 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, may 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 may not give religious instruction, conduct worship 
services, or engage in any form of proselytizing as part of their 
duties.
    (b) A sponsor or subrecipient 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 AmeriCorps 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 subrecipient 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.


Sec.  2556.180  What are the limitations on VISTA sponsors receiving 
funding for the direct cost of supporting volunteers?

    (a) AmeriCorps will not obligate funding for the direct cost of 
supporting volunteers that is:
    (1) More than 30 percent of VISTA funds appropriated in any fiscal 
year; or
    (2) For a new project that was not selected through a competitive 
process.
    (b) The ``direct cost of supporting volunteers'' includes only 
those funds that are paid directly to VISTA members, leaders, or summer 
associates, such as: living allowance; travel reimbursements, including 
the Settling In Allowance; End of Service Benefits, including the cash 
stipend; and other expenses paid directly to the member, leader, or 
summer associate, as determined by the VISTA Director.

Subpart C--VISTA Members


Sec.  2556.200  Who may serve as a VISTA?

    An individual may serve as a VISTA if all the following 
requirements are met as of the date the individual takes the oath or 
affirmation, as appropriate, to enter VISTA service:
    (a) The individual is at least eighteen years of age. There is no 
upper age limit.
    (b) The individual is a United States citizen or national, or 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 their period of service, 
except for authorized periods of leave.
    (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 their 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?

    AmeriCorps has the final authority to approve or deny applications 
for VISTA service.

Subpart D--Terms, Protections, and Benefits of VISTA Members


Sec.  2556.300   Is a VISTA considered a Federal employee and 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 subrecipient to which they are assigned to serve. No 
VISTA is in an employment relationship with the sponsor or subrecipient 
to which they are 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 Sec.  2556.1.
    (c) To the maximum extent practicable, the VISTA must live among 
and at the economic level of the low-income community served by the 
project.
    (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 a VISTA sponsor's and AmeriCorps' supervisory 
responsibilities 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) AmeriCorps is responsible for ongoing monitoring and oversight 
of the VISTA sponsor's project where the

[[Page 4954]]

VISTA is assigned. AmeriCorps 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) AmeriCorps may provide official travel for a VISTA candidate or 
a VISTA, as appropriate, to attend AmeriCorps-directed activities such 
as pre-service training, placement at the project site, in-service 
training events, and return from the project site to the VISTA's or 
VISTA candidate's home of record.
    (b) AmeriCorps must approve all official travel of a VISTA 
candidate or a VISTA, including the mode of travel.
    (c) AmeriCorps 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 AmeriCorps, a VISTA may receive payment for settling-in 
expenses, as determined by AmeriCorps.
    (c) Subject to a maximum amount, and at the discretion of 
AmeriCorps, 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 AmeriCorps.
    (d) Subject to a maximum amount, and at the discretion of 
AmeriCorps, a VISTA may receive a relocation travel allowance to offset 
the cost of relocating from the home of record to the project site, as 
determined by AmeriCorps.
    (e) To the extent eligible, a VISTA may receive health care through 
a health benefits program provided by AmeriCorps.
    (f) To the extent eligible, a VISTA may receive childcare support 
through a childcare program provided by AmeriCorps.
    (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 AmeriCorps, in accordance 
with the applicable provisions of 45 CFR parts 2526, 2527, and 25285.
    (1) A VISTA is eligible to elect to receive an education award if 
they are a citizen, national, or lawful permanent resident alien of the 
United States.
    (2) A VISTA who elects an education award is eligible to request 
forbearance of a student loan from their loan-holder. A VISTA who 
elects an 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 part 2529.
    (3) A VISTA is not eligible to receive more than an amount equal to 
the aggregate value of two full-time education awards in their 
lifetime.
    (4) Other than for a summer associate, the amount of an 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 AmeriCorps.
    (i) In the event that a VISTA does not successfully complete a full 
term of service, they may not receive a pro-rated Segal AmeriCorps 
Education Award or a pro-rated end-of-service stipend, except in cases 
where the appropriate VISTA Case Manager 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 of service unreasonably difficult or infeasible.
    (j) In the event of a VISTA's death during service, their family or 
others that they named as beneficiary in accordance with section 5582 
of title 5, United States Code will 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, AmeriCorps will, prior to 
payment to the named beneficiary, convert that election to an end-of-
service stipend and pay the VISTA's family, or others that they 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 in Sec. Sec.  2556.330 
through 2556.335, AmeriCorps 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, AmeriCorps may pay actual and reasonable legal expenses. 
AmeriCorps is not required to pay any expenses for the legal defense of 
a VISTA member where they are 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 when:
    (1) The activity or action is alleged to have occurred prior to the 
VISTA member's VISTA service.
    (2) The VISTA member is not at their assigned project location, 
such as during periods of approved leave, medical leave, emergency 
leave, or in administrative hold status in the VISTA program.
    (3) The activity or action is alleged to have occurred at or near 
their 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, AmeriCorps may also pay actual and reasonable legal 
expenses when:
    (1) The charged offense against the VISTA member relates 
exclusively to their VISTA assignment or status as a VISTA member;
    (2) The charged offense against the VISTA member arises from an 
alleged

[[Page 4955]]

activity or action that is a part of, or required by, the VISTA 
member's VISTA assignment;
    (3) The VISTA member has not admitted a willful or knowing 
violation of law; or
    (4) The charged offense against the VISTA member is not a minor 
offense or misdemeanor, such as a minor vehicle violation.
    (d) Notwithstanding paragraphs (a) through (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, AmeriCorps 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, AmeriCorps may also 
pay actual and reasonable legal expenses when:
    (a) The complaint or charge is against the VISTA, and is directly 
related to their VISTA service and not to their 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 that means a person 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, has non-competitive eligibility 
status for one year following the end of the term of service as a 
VISTA.
    (c) In addition to the year of non-competitive eligibility status 
as provided in paragraph (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 paragraph (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 currently enrolled in the VISTA 
program or who was enrolled in the VISTA program within the past 30 
calendar days.
    (b) A VISTA's grievance may not be construed as reflecting on the 
VISTA's standing, performance, or desirability as a VISTA.
    (c) A VISTA who presents a grievance may 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, that result 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 in 
paragraph (a) of this section 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) 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) 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) Matters related to the content of any law, published rule, 
regulation, policy, or procedure;
    (4) Matters related to housing during a VISTA member's service;
    (5) Matters which are, by law, subject to final administrative 
review outside AmeriCorps;
    (6) Matters related to actions taken, or not taken, by a VISTA 
sponsor or subrecipient, or AmeriCorps, in compliance with or in order 
to fulfill the terms of a contract, grant, or other agreement related 
to the VISTA program; or
    (7) Matters related to the internal management of AmeriCorps, 
unless such matters are shown to specifically and directly affect the 
VISTA's service situation or terms or conditions of their 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 their official 
VISTA file and any relevant AmeriCorps 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) If a VISTA is currently enrolled in the VISTA program or was 
enrolled in the VISTA program within the past 30 calendar days, they 
may, within 15 calendar days of an event giving rise to a grievance or 
within 15 calendar days after becoming aware of such an event, bring a 
grievance to the sponsor or subrecipient where they are assigned to 
serve. If the grievance arises out of a continuing condition or 
practice that individually affects a VISTA, the VISTA may bring it at 
any time during their enrollment that they are affected by the 
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 must review and respond in writing to the VISTA's

[[Page 4956]]

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 on either of those grounds to grant the 
requested relief.
    (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 in paragraphs (a)(1) through (3) of this 
section and present the grievance in writing directly to the Deputy 
Regional Administrator, as described in paragraph (b) of this section.
    (b) Bringing a grievance--Step 2.
    (1) If, after a VISTA brings a grievance as set forth in paragraphs 
(a)(1) and (2) of this section, the matter is not resolved, they may 
submit the grievance in writing to the appropriate Deputy Regional 
Administrator. The VISTA must submit the grievance to the Deputy 
Regional Administrator either:
    (i) Within seven calendar days of receipt of the sponsor's 
response; or,
    (ii) In the event the sponsor does not issue a response to the 
VISTA within 10 calendar days of its receipt of the written grievance, 
within 17 calendar days of the sponsor's receipt of the written 
grievance.
    (2) If the grievance involves a matter over which either the 
sponsor or subrecipient has no substantial control, or if the sponsor's 
representative is the supervisor of the VISTA, as described in 
paragraph (a)(4) of this section, the VISTA may pass over the procedure 
set forth in paragraphs (a)(1) through (3) of this section, and submit 
the grievance in writing directly to the Deputy Regional Administrator. 
In such a case, the VISTA must submit the grievance to the Deputy 
Regional Administrator 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 Deputy 
Regional Administrator will 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 
Deputy Regional Administrator 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 Deputy Regional 
Administrator makes any such determination, they may dismiss the 
complaint, setting forth the reason(s) for the dismissal. In such a 
case, the Deputy Regional Administrator 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) A VISTA may appeal the Deputy Regional Administrator's response 
to the grievance under Sec.  2556.360(b)(3) by submitting a written 
appeal to the appropriate Regional Administrator. To be eligible to 
appeal a grievance response to the Regional Administrator, the VISTA 
must first have exhausted all appropriate actions as set forth in Sec.  
2556.360.
    (b) A VISTA's grievance appeal must be in writing, contain 
sufficient detail to identify the subject matter of the grievance, 
specify the relief requested, and be signed by the VISTA.
    (c) A VISTA must submit a grievance appeal to the appropriate 
Regional Administrator no later than 10 calendar days after the Deputy 
Regional Administrator issues their response to the grievance.
    (d) Certain matters contained in a grievance appeal may be 
rejected, rather than denied on the merits, by the Regional 
Administrator. 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 
Regional Administrator within the time limit specified in paragraph (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 Regional Administrator will decide the grievance appeal on 
the merits, or reject the grievance appeal in whole or in part, or 
both, as appropriate. The Regional Administrator shall notify the VISTA 
in writing of the decision and specify the grounds for the appeal 
decision. The appeal decision will include a statement of the basis for 
the decision and is a final decision of AmeriCorps.

Subpart E--Termination for Cause Procedures


Sec.  2556.400   What is termination for cause and 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) AmeriCorps may terminate a VISTA for cause 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 AmeriCorps 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 their 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 and who has sole authority to terminate a VISTA from a VISTA 
project or the VISTA program?

    (a) AmeriCorps has the sole authority to remove a VISTA from a 
project where they have been assigned.
    (b) AmeriCorps 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 their designee, may 
request that AmeriCorps remove a VISTA assigned to its project. Any 
such request must be submitted in writing to the appropriate Portfolio 
Manager and should state the reasons for the request.
    (b) The Portfolio Manager may, at their discretion, attempt to 
resolve the situation with the sponsor so that a

[[Page 4957]]

solution other than removal of the VISTA from the project assignment is 
reached.
    (c) When an alternative solution, as referenced in paragraph (b) of 
this section, is not sought, or is not reached within a reasonable time 
period, the Portfolio Manager will remove the VISTA from the project.


Sec.  2556.415   May AmeriCorps remove a VISTA from a project without 
the sponsor's request for removal?

    Of its own accord, AmeriCorps 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 remove a VISTA from a project 
assignment due to an alleged deficiency, or alleged deficiencies, in 
conduct or performance, and are initiated by AmeriCorps.
    (b) AmeriCorps, to the extent practicable, communicates the matter, 
and the administrative procedures as set forth in paragraphs (c) 
through (e) of this section, with the VISTA who is removed from a VISTA 
project.
    (c) The VISTA Case Manager will notify the VISTA in writing of 
AmeriCorps' proposal to terminate for cause. The written proposal to 
terminate the VISTA for cause must give them the reason(s) for the 
proposed termination, and notify them that they have 10 calendar days 
within which to submit a written answer to the proposal to terminate 
them cause and to furnish any accompanying statements or written 
material. The VISTA must submit their answer to the VISTA Case Manager 
by the deadline identified in the written 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, AmeriCorps will 
issue a written decision regarding the proposal to terminate for cause.
    (1) If AmeriCorps decides to terminate the VISTA for cause, its 
written decision will 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 AmeriCorps decides not to terminate the VISTA for cause, the 
written decision will indicate that the proposal to terminate for cause 
is rescinded.
    (e) A VISTA who does not submit a timely answer to the appropriate 
VISTA Case Manager, 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, AmeriCorps 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 their termination for cause?

    (a) Within 10 calendar days of the appropriate AmeriCorps 
Director's issuance of the decision to terminate the VISTA for cause, 
as set forth in Sec.  2556.420(d), the VISTA may appeal the decision to 
the VMSU Director. The appeal must be in writing and specify the 
reasons for the VISTA's disagreement with the decision.
    (b) AmeriCorps will 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 
AmeriCorps file and any relevant AmeriCorps 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 VMSU Director or equivalent AmeriCorps official will issue a 
written appeal determination indicating the reasons for the appeal 
determination. The appeal determination will 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 them 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


Sec.  2556.500   How is a position for a summer associate established 
in a project?

    Subject to VISTA assistance availability, AmeriCorps approves the 
establishment of summer associate positions based on the following 
factors:
    (a) The need in the community, as demonstrated by the sponsor, for 
the performance of project activities by a summer associate(s);
    (b) The content and quality of summer associate project plans;
    (c) The capacity of the sponsor to implement the summer associate 
project activities; and
    (d) 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 
AmeriCorps;
    (2) Childcare support through a childcare program provided by 
AmeriCorps;
    (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 relocation travel allowance to offset the cost of relocating 
from the summer associate's home of record to the project site to which 
they are assigned to serve.
    (c) AmeriCorps 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 in Sec. Sec.  
2556.345 through 2556.365.

[[Page 4958]]

Subpart G--VISTA Leaders


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, AmeriCorps 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 
AmeriCorps 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 they 
have 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 AmeriCorps to become a leader. The sponsor's recommendation 
must be included with the individual's application to become a leader.
    (b) Sponsor recommendation. A sponsor with which an individual is 
seeking to serve as a leader must recommend the individual to become a 
leader, in writing, to AmeriCorps.
    (c) Selection. AmeriCorps has sole authority to select a leader. 
The criteria considered for selection include the individual's 
experience, special skills, and leadership, as demonstrated in the 
application and the sponsor's recommendation.


Sec.  2556.615   Who reviews a leader application and who approves or 
disapproves a leader application?

    AmeriCorps 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?

    (a) The application process to become a leader, as described in 
Sec.  2556.610, is separate and distinct from the application process 
to enroll as a VISTA in the VISTA program.
    (b) 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.
    (c) A leader is subject to all the terms and conditions of service 
described in Sec.  2556.625.


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 must 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 AmeriCorps Regional Office.

Subpart H--Restrictions and Prohibitions on Political Activities 
and Lobbying


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 subrecipients 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 subrecipients 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 their official authority or influence to 
interfere with or affect the result of an election.
    (b) A VISTA may not use their official authority or influence to 
coerce any individual to participate in political activity.
    (c) A VISTA may not use their 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 they are on duty;
    (2) While they are wearing an article of clothing, logo, insignia, 
or other similar item that identifies AmeriCorps, the VISTA program, or 
one of AmeriCorps' other national service programs;
    (3) While they are 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 
subrecipient, or while using a privately-owned vehicle in the discharge 
of VISTA duties.

[[Page 4959]]

Sec.  2556.715   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 their opinion privately and publicly on political 
subjects;
    (2) Be politically active in connection with a question that 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, professional, or similar organization; and
    (4) Participate fully in public affairs, except as prohibited by 
other Federal law, in a manner that does not compromise their 
efficiency or integrity as a VISTA, or compromise the neutrality, 
efficiency, or integrity of AmeriCorps or the VISTA program.
    (b) A VISTA may participate in political activities set forth in 
paragraph (a) of this section as long as such participation:
    (1) Does not interfere with the performance of, or availability to 
perform, their assigned VISTA project duties;
    (2) Does not interfere with their provision of service in the VISTA 
program;
    (3) Does not involve any 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.  2556.720   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 complies with the restrictions set out in paragraphs 
(b)(1) through (6) of Sec.  2556.715.
    (1) Does not interfere with the performance of, or availability to 
perform, their assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Does not involve any 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.  2556.725   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 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 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, their assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Does not involve any 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.  2556.730   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 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, their assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Does not involve any 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.  2556.735   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

[[Page 4960]]

VISTA may participate in elections as long as such participation:
    (1) Does not interfere with the performance of, or availability to 
perform, their assigned VISTA project duties;
    (2) Does not interference with the provision of service in the 
VISTA program;
    (3) Does not involve any 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.  2556.740   May VISTAs participate in political fundraising 
activities?

    (a) Provided that paragraphs (b) through (d) 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
    (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, their assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Does not involve any 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 their perceived or actual affiliation with the VISTA 
program, or their 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.  2556.745   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 AmeriCorps or the VISTA program.
    (b) A VISTA may not knowingly solicit or discourage the 
participation in 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 AmeriCorps or the 
VISTA program.


Sec.  2556.750   What restrictions and prohibitions are VISTAs who 
campaign for a spouse or family member subject to?

    A VISTA who is the spouse or family member of 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.  2556.725.


Sec.  2556.755   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.  2556.760   May a sponsor or subrecipient approve the 
participation of a VISTA in a demonstration or other political meeting?

    (a) No VISTA sponsor or subrecipient may approve a VISTA to be 
involved in planning, initiating, participating in, or otherwise aiding 
or assisting in any demonstration or other political meeting.
    (b) If a VISTA sponsor or subrecipient, subsequent to the receipt 
of any AmeriCorps financial assistance, including the assignment of 
VISTAs, approves the participation of a VISTA in a demonstration or 
other political meeting, that VISTA sponsor or subrecipient is subject 
to procedures related to the suspension or termination of such 
assistance, as provided in subpart B of this part, Sec. Sec.  2556.135 
through 2556.140.


Sec.  2556.765   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.  2556.770   What are the requirements of VISTA sponsors and 
subrecipients regarding political activities?

    (a) All sponsors and subrecipients 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 AmeriCorps State Office.
    (b) Failure of a sponsor to comply with the requirements of this 
subpart, or

[[Page 4961]]

a violation of the requirements contained in this subpart by the 
sponsor or subrecipient, sponsor or subrecipient's covered employees, 
agents, or VISTAs, may be deemed a material failure to comply with 
terms or conditions of the VISTA program. In such a case, the sponsor 
is 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.  2556.775   What prohibitions and restrictions on political 
activity apply to employees of VISTA sponsors and subrecipients?

    All employees of VISTA sponsors and subrecipients, 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:
    (a) Whenever they are engaged in an activity that is supported by 
AmeriCorps or VISTA funds or assistance; and
    (b) Whenever they identify themselves as acting in their capacity 
as an official of a VISTA project that receives AmeriCorps or VISTA 
funds or assistance, or could reasonably be perceived by others as 
acting in such a capacity.


Sec.  2556.780   What prohibitions on lobbying activities apply to 
VISTA sponsors and subrecipients?

    (a) No VISTA sponsor or subrecipient may 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 or subrecipient may use any AmeriCorps 
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.

Fernando Laguarda,
General Counsel.
[FR Doc. 2023-01443 Filed 1-25-23; 8:45 am]
BILLING CODE 6050-28-P