AmeriCorps State and National Updates, 69604-69609 [2023-22155]
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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Proposed Rules
authorized to be filed in the proceeding
must be filed with the ALJ.
(2) Submissions are considered filed
when they are filed with the DAB
according to the DAB’s filing guidance.
(b) Format. (1) The ALJ may designate
the format for copies of
nondocumentary materials such as
videotapes, computer disks, or physical
evidence. This provision does not apply
to the charge letter or other written
notice provided under § 93.405.
(2) Every submission filed in the
proceeding must include the title of the
case, the docket number, and a
designation of the nature of the
submission.
(3) Every submission filed in the
proceeding must be signed by and
contain the address and telephone
number of the party on whose behalf the
document or paper was filed, or the
attorney of record for the party.
(c) Service. Service of a submission on
other parties is accomplished by filing
the submission with the ALJ through the
DAB electronic filing system.
§ 93.509
Filing motions.
(a) Parties must file all motions and
requests for an order or ruling with the
ALJ, serve them on the other party, state
the nature of the relief requested,
provide the legal authority relied upon,
and state the facts alleged in support of
the motion or request.
(b) All motions must be in writing
except for those made during a
prehearing conference or at a hearing.
(c) Within 10 days after being served
with a motion, or other time as set by
the ALJ, a party may file a response to
the motion. The moving party may not
file a reply to the response unless
allowed by the ALJ.
(d) The ALJ may not grant a motion
before the time for filing a response has
expired, except with the parties’ consent
or after a hearing on the motion.
However, the ALJ may overrule or deny
any motion without awaiting a
response.
(e) The ALJ must make a reasonable
effort to dispose of all motions
promptly, and, whenever possible,
dispose of all outstanding motions
before the hearing.
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§ 93.510
Conferences.
(a) The ALJ must schedule an initial
conference with the parties within 30
days of the DAB Chair’s assignment of
the case.
(b) The ALJ may use the initial
conference to discuss:
(1) Identification and simplification of
the issues, specification of genuine
disputes of fact and their materiality to
the ORI findings of research misconduct
and any administrative actions;
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(2) Identification of material legal
issues and any need for briefing;
(3) Scheduling dates for the filing of
briefs based on the administrative
record or the hearing, if applicable; and
(4) Other matters that may encourage
the fair, just, and prompt disposition of
the proceedings.
(c) The ALJ may schedule additional
conferences as appropriate, upon
reasonable notice to or request of the
parties.
(d) All conferences will be recorded
with copies provided to the parties
upon request.
(e) The ALJ shall memorialize in
writing any oral rulings within 10 days
after a conference is held.
(f) By 15 days before the scheduled
hearing date, if applicable, the ALJ must
hold a prehearing conference to resolve
to the maximum extent possible all
outstanding issues about evidence,
witnesses, motions and all other matters
that may encourage the fair, just, and
prompt resolution of genuine factual
disputes.
§ 93.511 Hearing to resolve genuine
factual dispute.
(a) The ALJ may hold a virtual or inperson hearing that is limited to
resolving a genuine factual dispute.
(b) The ALJ shall permit the parties to
call witnesses and to question
witnesses. The ALJ may also question
witnesses.
(c) The parties are not required to
submit prehearing briefs.
(d) The parties are not required to give
opening or closing statements at the
hearing.
(e) The hearing will be transcribed,
and the parties will have an opportunity
to review the transcript and submit
proposed corrections to the ALJ.
(f) Following receipt of the transcript
and proposed corrections to the
transcript, the ALJ may permit the
parties to file briefs with suggested
factual findings based on the transcript.
(g) The ALJ will issue findings of fact
to the parties that resolves the genuine
factual dispute.
§ 93.512
ruling.
The Administrative Law Judge’s
(a) Based on the administrative record
and any findings of fact as a result of a
hearing, if applicable, the ALJ shall
issue a ruling in writing setting forth
whether ORI’s findings and HHS’s
proposed administrative actions, other
than suspension and debarment,
reflected in the charge letter are
reasonable and not based on a material
error of law or fact within 60 days after
the last submission by the parties in the
case. If unable to meet the 60-day
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deadline, the ALJ must set a new
deadline and promptly notify the parties
and the SDO if a suspension or
proposed debarment is contested. The
ALJ shall serve a copy of the ruling
upon the parties. If a suspension or
proposed debarment is contested, the
ALJ shall provide a copy of the ruling
to the SDO to be included in the official
record under 2 CFR part 180.
(b) The ruling of the ALJ constitutes
the final HHS action on the findings of
research misconduct and administrative
actions other than suspension or
debarment. The decision of the SDO
constitutes the final HHS action
regarding suspension or debarment
under 2 CFR part 180.
Dated: September 27, 2023.
Xavier Becerra,
Secretary.
[FR Doc. 2023–21746 Filed 10–5–23; 8:45 am]
BILLING CODE 4150–31–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 2520, 2521 and 2522
RIN 3045–AA84
AmeriCorps State and National
Updates
Corporation for National and
Community Service.
ACTION: Proposed rule with request for
comments.
AGENCY:
The Corporation for National
and Community Service (operating as
AmeriCorps) proposes to revise its
regulations governing the AmeriCorps
State and National program. This
proposed rule would make four
substantive changes to the regulations
governing the AmeriCorps State and
National program to provide
programmatic and grantmaking
flexibilities. Specifically, this proposed
rule would: limit AmeriCorps State and
National grantees’ required share of
program costs (known as ‘‘match’’ or
‘‘cost share’’) to a scale that starts at 24
percent for the first three-year grant
cycle and increases more incrementally
with each successive three-year grant
cycle, until it reaches 50 percent in the
sixth three-year grant cycle (that is, the
sixteenth year of the grant) and beyond;
simplify the criteria that allow
AmeriCorps to waive match for
AmeriCorps State and National grantees;
allow AmeriCorps to grant waivers of
education hour limitations under
certain circumstances to permit
AmeriCorps State and National
AmeriCorps members to spend an
SUMMARY:
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increased number of hours on education
and training activities; and remove the
four-term limit on service in
AmeriCorps State and National
programs, instead referring to the
limitation on total value of the Segal
Education Awards (education awards) a
member may earn. The main nonsubstantive change in this proposed rule
updates nomenclature to reflect that the
Corporation for National and
Community Service operates as
AmeriCorps.
DATES: Written comments must be
submitted by December 5, 2023.
ADDRESSES: Please send your comments
electronically through the Federal
government’s one-stop rulemaking
website at www.regulations.gov.
Alternatively, you may send your
comments to Elizabeth Appel, Associate
General Counsel, at eappel@cns.gov or
by mail to AmeriCorps (ATTN:
Elizabeth Appel), 250 E Street SW,
Washington DC 20525.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Associate General
Counsel, at eappel@cns.gov, (202) 967–
5070.
SUPPLEMENTARY INFORMATION:
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I. Background
AmeriCorps is proposing changes to
its AmeriCorps State and National
program regulations based on its desire
to address stakeholder feedback on
match requirements, be more consistent
with other grant programs within the
agency, and reduce barriers to grantee
organizations specifically designed to
provide education and training to
members as part of their national service
program. AmeriCorps State and
National provides grants to states,
territories, Indian tribes, public and
private nonprofit organizations, local
governments, and institutions of higher
education to carry out national service
programs, offering a wide range of
service opportunities. AmeriCorps State
and National also provides general
operating funding for state service
commissions. AmeriCorps is proposing
these changes under the authority of the
National and Community Service Act,
as amended, at 42 U.S.C. 12651c(c).
II. Overview of Proposed Rule
This proposed rule would make four
substantive changes to the AmeriCorps
State and National regulations, as
described below. In addition, this
proposed rule would make
nomenclature changes to add a
definition for ‘‘AmeriCorps’’ and change
‘‘the Corporation’’ to ‘‘AmeriCorps’’
throughout these regulations to reflect
that the Corporation for National and
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Community Service now operates as
AmeriCorps.
A. Waiver of the Current 20 Percent
Limit on Education and Training
Activities—§ 2520.50
The current regulation sets a 20
percent limit to the aggregate total of all
AmeriCorps member service hours in a
program that may be spent in education
and training activities. As a result, each
program must have at least 80 percent
of the aggregate of all AmeriCorps
member hours in service. The proposed
rule would allow AmeriCorps to waive
this limit under certain circumstances,
to allow up to 50 percent of the
aggregate AmeriCorps member hours in
a program to be spent in education and
training activities. The criteria
AmeriCorps will consider when
deciding whether a waiver is
appropriate are whether the AmeriCorps
program:
• is a Registered Apprenticeship
program, or
• is a job training or job readiness
program, or
• includes activities to support
member attainment of a GED or high
school diploma or occupational,
technical, or safety credentials, or
• the AmeriCorps program primarily
enrolls economically disadvantaged
AmeriCorps members and is designed to
provide soft skills or life skills
development for those members.
This proposed rule would allow
individuals who might benefit from
additional education and training, such
as those reentering society after
incarceration, to participate in national
service while acquiring skills and
knowledge to ease their transition.
The current regulation creates a
significant barrier to entry for workforce
development/Registered Apprenticeship
programs and results in their
participants being unable to get credit
for a large portion of their hours.
Programs with full-time participants are
only able to offer ‘‘less than full-time’’
AmeriCorps member slots, which limits
the amount of the education award
available to their participants and could
limit their participants’ access to health
care, childcare, and other benefits
afforded to members enrolled in fulltime slots.
AmeriCorps expects to grant waivers
to new and existing Registered
Apprenticeship programs, job training
or job readiness programs, programs that
include activities to support member
attainment of a GED or high school
diploma or other credentials, or
programs that primarily enroll
economically disadvantaged
AmeriCorps members and are designed
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to provide soft skills or life skills
development for those members.
Grantees would request waivers in
writing as part of their grant application.
Decisions about the waivers would be
provided prior to grant award. As most
of the programs that would benefit from
this waiver have participants who are
serving in the program full time but may
only serve part-time as AmeriCorps
members because of the current limits
on in-service educational time, there is
no expectation that the level of service
provided to communities would
decline. While the level of service
provided to communities is expected to
remain constant under this proposal,
participants would benefit because they
could count the majority of their
existing training hours toward earning a
larger education award.
B. Revising Match Requirements—
§ 2521.60
This proposed rule would revise the
scale that sets out grantees’ program
costs not provided by AmeriCorps
(known as ‘‘match’’ or ‘‘cost share’’).
The current regulations require a
graduated match that incrementally
increases each year to a total of 50
percent overall share by the tenth year
and for each year afterward without a
break in funding of five years or more.
The proposed rule would establish a
match that gradually increases at the
end of each three-year grant period
(rather than annually) over a longer
period of time to reach a total of 50
percent overall share by the sixteenth
year (rather than by the tenth year) and
for each year afterward without a break
in funding of five years or more.
This proposed change is intended to
address the increased difficulty many
grantees experience in raising match
funds, as evidenced by the increase in
waiver requests AmeriCorps receives,
and address many of the comments
AmeriCorps received in response to the
Request for Information from NonFederal Stakeholders: Grantee Match
Requirements (RFI) it published in
2022. See 87 FR 26740 (May 5, 2022).
Waiver requests have increased
significantly since 2017 and 2018. From
March 2022 to March 2023, AmeriCorps
received more than 60 requests for full
or partial waivers of AmeriCorps State
and National match requirements,
meaning that requests have been
submitted for more than 7 percent of
AmeriCorps State and National costreimbursement grants. Many of the
respondents to the RFI stated that they
have difficulty securing match and that
current match requirements are a barrier
to equity and limit people’s ability to
serve. These respondents specifically
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proposed a return to ‘‘original
Congressional intent’’ as evidenced by
language in the National and
Community Service Act of 1990
providing that AmeriCorps’ share may
not exceed 75 percent. For several years,
Congress has, through appropriations
laws, provided that AmeriCorps
programs receiving grants under the
National Service Trust program must
meet an overall minimum match of 24
percent for the first three years of
receiving funding, and then must meet
the overall match requirements in
section 2521.60 of the current
regulations. See, e.g., Consolidated
Appropriations Act, 2022, Public Law
117–103, Section 402. The current
regulations at section 2521.60 set out a
graduated match schedule in which the
required match increases from 26
percent as of the fourth consecutive year
they receive a grant to 50 percent as of
year 10 and beyond for the total budget.
This requires grantees to match the
AmeriCorps’ investment one-to-one
once they reach year 10 and beyond.
AmeriCorps proposes a match that
increases more gradually until it reaches
50 percent of the overall program cost
by the sixteenth year to replace the
current regulations’ more abrupt and
steep match scale. A match that
increases less often (by grant period,
rather than annually) would reduce the
burden on grantees of raising, tracking,
and reporting increasing annual
percentages. While some grantees can
raise the currently required additional
match for years five and beyond
(ranging from 30 percent to 50 percent),
it is a barrier for other existing grantees
that are smaller or in geographic areas
where there is not a philanthropic
community. It is also a barrier to entry
for new applicants that have less
capacity and less access to matching
funds. Lowering the match amount does
not change the cost to run a strong
AmeriCorps program. Thus, grantees
will continue to have to raise additional
funds beyond the required match
generally, for the sustainability of their
organization, but they will no longer be
in danger of having to return
AmeriCorps funds at the end of their
grants if they fail to raise match that is
so far in excess of the 25 percent
indicated by statutory text. To the extent
they are able, grantees are strongly
encouraged to raise funding beyond the
required match amount to extend the
reach of national service as much as
possible.
C. Criteria for Waiving Match
Requirements—§ 2521.70
This proposed rule would revise the
criteria that grantees must demonstrate
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when they request a waiver of the
matching requirements. Currently, the
regulation requires grantees to
demonstrate: (1) a lack of resources at
the local level; (2) that the lack of
resources is unique or unusual; (3) the
efforts the grantee has made to raise
matching resources; and (4) the amount
of matching resources the grantee has
raised or reasonably expects to raise.
The proposed rule would instead
specify four criteria and require grantees
to demonstrate only one of them, and in
addition provide supporting
documentation and a description of the
efforts made to raise match. The
proposed waiver criteria mirror the
waiver criteria required in AmeriCorps
Seniors programs, with one additional
criterion to allow waivers for
organizations with revenue of less than
$500,000. Specifically, under the
proposed rule, grantees would have to
demonstrate one of the following: initial
difficulties in developing local funding
sources during the first three years of
operations; an economic downturn,
natural disaster, or similar event in the
grantee’s service area that severely
restricts or reduces sources of local
funding support; the unexpected
discontinuation of local support from
one or more sources that a project has
relied on for a period of years; or an
organizational revenue of less than
$500,000.
The current regulations’ waiver
requirements are overly burdensome to
grantees and enhance the risk that
AmeriCorps funds will not be fully
expended because grantees must return
AmeriCorps funds at closeout if they do
not meet the match requirement or
receive a waiver. The proposed waiver
criteria reduce this burden.
Furthermore, the agency desires to have
more consistency between its programs,
and the proposed change aligns
AmeriCorps State and National’s match
waiver criteria with AmeriCorps
Seniors’ match waiver criteria, with one
additional criterion. The additional
criterion, for organizations with less
than $500,000 in revenue (as shown on
an IRS Form 990, for example) is
intended to encourage new, small
organizations and those with programs
in underserved communities. The
proposed rule would still require a
description of efforts made to raise
matching resources but clarifies that this
description must be provided with the
waiver request.
D. Limit on Number of Terms an
Individual May Serve in AmeriCorps
State and National—§ 2522.235
The current regulation provides that
individuals who serve in AmeriCorps
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State and National may receive the
benefits offered by AmeriCorps for
serving up to, but not more than, four
terms. It also includes information on
how terms are calculated if an
individual is released early under
various circumstances. The benefits
offered to AmeriCorps members include
the AmeriCorps Segal Education Award
from the National Service Trust upon
successful completion of their terms of
service. Benefits during service include
a living allowance, financial benefits
during an extended term of disasterrelated service, childcare, and health
care.
Separate regulations at 45 CFR
2525.50 limit participants to receiving
no more than the value of two full-time
education awards. The proposed rule
would remove the four term limit, thus
allowing any individual to serve as
many terms as necessary to earn the
value of two full-time education awards,
regardless of whether those terms are
served on a full-time, part-time, or
reduced part-time basis. This revision
removes an artificial barrier on
individuals’ ability to continue to serve.
In 2010, AmeriCorps established the
four-term limit in the current
regulations to ensure that there would
be opportunities for all interested
Americans to serve because, at the time,
applications for AmeriCorps far
exceeded available positions. See 75 FR
51395, 51406–07 (August 20, 2010). An
excess demand for AmeriCorps
positions no longer exists to justify this
term limit. Even accounting for the
possibility that demand will at some
point exceed the number of AmeriCorps
positions available, the current
regulation’s term limit is too broad a
prohibition. Service terms vary
considerably, encompassing full-time,
part-time, reduced part-time, quartertime, and minimum-time terms, as well
as any term from which one exits after
serving 15 percent of the agreed term of
service. Treating each of these terms of
service as equivalent for the purposes of
a term limit is unfair to those who may
have served shorter terms of service but
would like to serve more. Individuals
should be encouraged, rather than
discouraged, from participating in
national service. AmeriCorps believes a
term limit is unnecessary, as there is
already an existing limit to education
awards—a significant incentive for
participation in national service.
III. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
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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). Executive Order 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
has determined that this proposed rule
is not a significant regulatory action.
B. 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. Most
AmeriCorps State and National grantees
are State Commissions and
organizations that do not meet the
definition of a small entity. 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.
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C. 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 Federal, State, local, or
Tribal Governments in the aggregate, or
impose an annual burden exceeding
$100 million on the private sector.
D. 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. The application for
AmeriCorps State and National grants
are authorized under OMB Control
Number 3045–0047, which expires
September 30, 2026. Applicants for
grants who would like to request a
waiver under this proposed rule would
do so as part of the application process,
but the request is exempted from the
definition of ‘‘information’’ subject to
PRA requirements because it is a simple
acknowledgment that the applicant is
requesting a waiver based on one of the
criteria. See 5 CFR 1320.3(h)(1).
Therefore, this proposed rule does not
affect require submission of a revision of
this information collection.
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E. 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.
ADDRESSES section. To help us revise the
rule, your comments should be as
specific as possible.
F. Takings (Executive Order 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.
Grant programs—social programs,
Reporting and recordkeeping
requirements, Volunteers.
For the reasons stated in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service is
proposing to amend Chapter XXV, title
45 of the Code of Federal Regulations as
follows:
G. Civil Justice Reform (Executive Order
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.
PART 2520—GENERAL PROVISIONS:
AMERICORPS SUBTITLE C
PROGRAMS
H. Consultation With Indian Tribes
(Executive Order 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
Executive Order 13175 and determined
that this proposed rule does not impose
substantial direct effects on federally
recognized Tribes.
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.
*
*
*
*
*
I. 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
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List of Subjects
45 CFR Part 2520
Grant programs—social programs,
Volunteers.
45 CFR Part 2521
Grant programs—social programs,
Volunteers.
45 CFR Part 2522
1. The authority citation for part 2520
continues to read as follows:
■
Authority: 42 U.S.C. 12571–12595.
2. Amend § 2520.5 by adding in
alphabetical order the definition
‘‘AmeriCorps’’ to read as follows:
■
§ 2520.5
part?
What definitions apply to this
§§ 2520.10 through 2520.65
[Amended]
3. In §§ 2520.10 through 2520.65,
remove the words ‘‘the Corporation’’
wherever they appear and add in their
place the word ‘‘AmeriCorps’’.
■ 4. In §§ 2520.10 through 2520.65,
remove the word ‘‘Corporation’’ and add
in its place the word ‘‘AmeriCorps’’.
■ 5. Amend § 2520.50 by, revising
paragraph (a) and adding new paragraph
(c) to read as follows:
■
§ 2520.50 How much time may AmeriCorps
members in my program spend in
education and training activities?
(a) No more than 20 percent of the
aggregate of all AmeriCorps member
service hours in your program, as
reflected in the member enrollments in
the National Service Trust, may be spent
in education and training activities,
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unless AmeriCorps grants a waiver
under paragraph (c) of this section.
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*
(c) AmeriCorps may waive the limit in
paragraph (a) of this section to allow up
to 50 percent of the aggregate of all
AmeriCorps member service hours in
your program to be spent in education
and training activities if your program:
(1) Is a Registered Apprenticeship
program;
(2) Is a job training or job readiness
program;
(3) Includes activities to support
member attainment of a GED or high
school diploma or occupational,
technical, or safety credentials; or
(4) Primarily enrolls economically
disadvantaged AmeriCorps members
and employs a program design that also
includes soft skills or life skills
development.
PART 2521—ELIGIBLE AMERICORPS
SUBTITLE C PROGRAM APPLICANTS
AND TYPES OF GRANTS AVAILABLE
FOR AWARD
6. The authority for part 2521
continues to read as follows:
■
Authority: 42 U.S.C. 12571–12595
§ 2521.60 What will my share of program
costs be?
7. Amend § 2521.5 by adding in
alphabetical order the definition
‘‘AmeriCorps’’ to read as follows:
■
§ 2521.5
part?
What definitions apply to this
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.
*
*
*
*
*
§§ 2521.10 through 2521.95
[Amended]
8. In §§ 2521.10 through 2521.95,
remove the words ‘‘the Corporation’’
and add in their place the word
‘‘AmeriCorps’’.
■ 9. In §§ 2521.10 through 2521.95,
remove the word ‘‘Corporation’’ and add
in its place the word ‘‘AmeriCorps’’.
■ 10. In § 2521.60, revise the
introductory text, paragraph (a)(1), and
paragraph (b) to read as follows:
■
Except as provided in paragraph (b) of
this section, if your program continues
to receive funding after an initial threeyear grant period, you must continue to
meet the minimum requirements in
§ 2521.45 of this part. In addition, your
required share of program costs,
including member support and
operating costs, will incrementally
increase each grant period to a 50
percent overall share by the sixth grant
period and beyond (sixteenth year and
any year thereafter that you receive a
grant), without a break in funding of five
years or more. A 50 percent overall
match means that you will be required
to match $1 for every $1 you receive
from the Corporation.
(a) * * *
(1) Subject to the requirements of
§ 2521.45 of this part, and except as
provided in paragraph (b) of this
section, your overall share of program
costs will increase as of the fourth
consecutive year that you receive a
grant, according to the following
timetable:
TIMETABLE FOR MINIMUM ORGANIZATION SHARE
First grant
period:
years 1–3
(percent)
Minimum member support .......................
Minimum operating costs .........................
Minimum overall share .............................
15
33
24
*
*
*
*
*
(b) Alternative match requirements: If
your program is unable to meet the
match requirements set forth in
paragraph (a) of this section and is
located in a rural or a severely
economically distressed community,
you may apply to AmeriCorps for a
waiver that would decrease the level of
your required match.
*
*
*
*
*
■ 11. In § 2521.70 revise paragraphs (b)
and (c) to read as follows:
§ 2521.70 To what extent may AmeriCorps
waive the matching requirements in
§§ 2521.45 and 2521.60 of this part?
lotter on DSK11XQN23PROD with PROPOSALS1
*
*
*
*
*
(b) If you are requesting a waiver, you
must demonstrate:
(1) Initial difficulties in the
development of local funding sources
during the first three years of
operations; or
(2) An economic downturn, the
occurrence of a natural disaster, or
VerDate Sep<11>2014
16:11 Oct 05, 2023
Jkt 262001
Second grant
period:
years 4–6
(percent)
Third grant
period:
years 7–9
(percent)
15
33
28
15
33
32
similar events in the service area that
severely restrict or reduce sources of
local funding support; or
(3) The unexpected discontinuation of
local support from one or more sources
that a project has relied on for a period
of years; or
(4) Organizational revenue of less
than $500,000.
(c) You must provide with your
waiver request:
(1) A description of the efforts you
have made to raise matching resources;
and
(2) A request for the specific amount
of match you are asking AmeriCorps to
waive; and
(3) A budget and budget narrative that
reflect the requested level in matching
resources.
PO 00000
Fourth grant
period:
years 10–12
(percent)
Fifth grant
period:
years 13–15
(percent)
15
33
38
Sixth grant
period and
beyond:
years 16
and beyond
(percent)
15
33
44
15
33
50
PART 2522—AMERICORPS
PARTICIPANTS, PROGRAMS, AND
APPLICANTS
12. The authority for part 2522
continues to read as follows:
■
Authority: 42 U.S.C. 12571–12595;
12651b–12651d; E.O. 13331, 69 FR 9911, Sec.
1612, Pub. L. 111–13.
13. Amend § 2522.10 by adding in
alphabetical order the definition
‘‘AmeriCorps’’ to read as follows:
■
§ 2522.10
part?
What definitions apply to this
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.
*
*
*
*
*
§ § 2522.100 through 2522.950
[Amended]
14. In §§ 2522.100 through 2522.950,
remove the words ‘‘the Corporation’’
■
Frm 00054
Fmt 4702
Sfmt 4702
E:\FR\FM\06OCP1.SGM
06OCP1
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Proposed Rules
and add in their place the word
‘‘AmeriCorps’’.
■ 15. In §§ 2522.100 through 2522.950,
remove the word ‘‘Corporation’’ and add
in its place the word ‘‘AmeriCorps’’.
■ 16. In §§ 2522.100 through 2522.950,
remove the words ‘‘the Corporation’s’’
and add in their place the word
‘‘AmeriCorps’ ’’.
■ 17. Revise § 2522.235 to read as
follows:
§ 2522.235 Is there a limit on the number
of terms an individual may serve in an
AmeriCorps State and National program?
lotter on DSK11XQN23PROD with PROPOSALS1
The terms an individual may serve in
an AmeriCorps State and National
VerDate Sep<11>2014
16:11 Oct 05, 2023
Jkt 262001
program are limited to the number of
terms needed to attain the aggregate
value of two full-time education awards.
■ 18. In § 2522.240, revise paragraph (a)
to read as follows:
§ 2522.240 What financial benefits do
AmeriCorps participants serving in
approved AmeriCorps positions receive?
(a) AmeriCorps education awards. An
individual serving in an approved
AmeriCorps State and National position
may receive an education award from
the National Service Trust upon
successful completion of their terms of
service as defined in § 2522.220,
PO 00000
Frm 00055
Fmt 4702
Sfmt 9990
69609
consistent with the limitations in
§ 2525.50.
*
*
*
*
*
§ 2522.510
[Amended]
19. In § 2522.510, remove the words
‘‘a Corporation’’ and add in its place the
words ‘‘an AmeriCorps’’.
■
Fernando Laguarda,
General Counsel.
[FR Doc. 2023–22155 Filed 10–5–23; 8:45 am]
BILLING CODE 6050–28–P
E:\FR\FM\06OCP1.SGM
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Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Proposed Rules]
[Pages 69604-69609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22155]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2520, 2521 and 2522
RIN 3045-AA84
AmeriCorps State and National Updates
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) proposes to revise its regulations governing the
AmeriCorps State and National program. This proposed rule would make
four substantive changes to the regulations governing the AmeriCorps
State and National program to provide programmatic and grantmaking
flexibilities. Specifically, this proposed rule would: limit AmeriCorps
State and National grantees' required share of program costs (known as
``match'' or ``cost share'') to a scale that starts at 24 percent for
the first three-year grant cycle and increases more incrementally with
each successive three-year grant cycle, until it reaches 50 percent in
the sixth three-year grant cycle (that is, the sixteenth year of the
grant) and beyond; simplify the criteria that allow AmeriCorps to waive
match for AmeriCorps State and National grantees; allow AmeriCorps to
grant waivers of education hour limitations under certain circumstances
to permit AmeriCorps State and National AmeriCorps members to spend an
[[Page 69605]]
increased number of hours on education and training activities; and
remove the four-term limit on service in AmeriCorps State and National
programs, instead referring to the limitation on total value of the
Segal Education Awards (education awards) a member may earn. The main
non-substantive change in this proposed rule updates nomenclature to
reflect that the Corporation for National and Community Service
operates as AmeriCorps.
DATES: Written comments must be submitted by December 5, 2023.
ADDRESSES: Please send your comments electronically through the Federal
government's one-stop rulemaking website at www.regulations.gov.
Alternatively, you may send your comments to Elizabeth Appel, Associate
General Counsel, at [email protected] or by mail to AmeriCorps (ATTN:
Elizabeth Appel), 250 E Street SW, Washington DC 20525.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Associate General
Counsel, at [email protected], (202) 967-5070.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps is proposing changes to its AmeriCorps State and
National program regulations based on its desire to address stakeholder
feedback on match requirements, be more consistent with other grant
programs within the agency, and reduce barriers to grantee
organizations specifically designed to provide education and training
to members as part of their national service program. AmeriCorps State
and National provides grants to states, territories, Indian tribes,
public and private nonprofit organizations, local governments, and
institutions of higher education to carry out national service
programs, offering a wide range of service opportunities. AmeriCorps
State and National also provides general operating funding for state
service commissions. AmeriCorps is proposing these changes under the
authority of the National and Community Service Act, as amended, at 42
U.S.C. 12651c(c).
II. Overview of Proposed Rule
This proposed rule would make four substantive changes to the
AmeriCorps State and National regulations, as described below. In
addition, this proposed rule would make nomenclature changes to add a
definition for ``AmeriCorps'' and change ``the Corporation'' to
``AmeriCorps'' throughout these regulations to reflect that the
Corporation for National and Community Service now operates as
AmeriCorps.
A. Waiver of the Current 20 Percent Limit on Education and Training
Activities--Sec. 2520.50
The current regulation sets a 20 percent limit to the aggregate
total of all AmeriCorps member service hours in a program that may be
spent in education and training activities. As a result, each program
must have at least 80 percent of the aggregate of all AmeriCorps member
hours in service. The proposed rule would allow AmeriCorps to waive
this limit under certain circumstances, to allow up to 50 percent of
the aggregate AmeriCorps member hours in a program to be spent in
education and training activities. The criteria AmeriCorps will
consider when deciding whether a waiver is appropriate are whether the
AmeriCorps program:
is a Registered Apprenticeship program, or
is a job training or job readiness program, or
includes activities to support member attainment of a GED
or high school diploma or occupational, technical, or safety
credentials, or
the AmeriCorps program primarily enrolls economically
disadvantaged AmeriCorps members and is designed to provide soft skills
or life skills development for those members.
This proposed rule would allow individuals who might benefit from
additional education and training, such as those reentering society
after incarceration, to participate in national service while acquiring
skills and knowledge to ease their transition.
The current regulation creates a significant barrier to entry for
workforce development/Registered Apprenticeship programs and results in
their participants being unable to get credit for a large portion of
their hours. Programs with full-time participants are only able to
offer ``less than full-time'' AmeriCorps member slots, which limits the
amount of the education award available to their participants and could
limit their participants' access to health care, childcare, and other
benefits afforded to members enrolled in full-time slots.
AmeriCorps expects to grant waivers to new and existing Registered
Apprenticeship programs, job training or job readiness programs,
programs that include activities to support member attainment of a GED
or high school diploma or other credentials, or programs that primarily
enroll economically disadvantaged AmeriCorps members and are designed
to provide soft skills or life skills development for those members.
Grantees would request waivers in writing as part of their grant
application. Decisions about the waivers would be provided prior to
grant award. As most of the programs that would benefit from this
waiver have participants who are serving in the program full time but
may only serve part-time as AmeriCorps members because of the current
limits on in-service educational time, there is no expectation that the
level of service provided to communities would decline. While the level
of service provided to communities is expected to remain constant under
this proposal, participants would benefit because they could count the
majority of their existing training hours toward earning a larger
education award.
B. Revising Match Requirements--Sec. 2521.60
This proposed rule would revise the scale that sets out grantees'
program costs not provided by AmeriCorps (known as ``match'' or ``cost
share''). The current regulations require a graduated match that
incrementally increases each year to a total of 50 percent overall
share by the tenth year and for each year afterward without a break in
funding of five years or more. The proposed rule would establish a
match that gradually increases at the end of each three-year grant
period (rather than annually) over a longer period of time to reach a
total of 50 percent overall share by the sixteenth year (rather than by
the tenth year) and for each year afterward without a break in funding
of five years or more.
This proposed change is intended to address the increased
difficulty many grantees experience in raising match funds, as
evidenced by the increase in waiver requests AmeriCorps receives, and
address many of the comments AmeriCorps received in response to the
Request for Information from Non-Federal Stakeholders: Grantee Match
Requirements (RFI) it published in 2022. See 87 FR 26740 (May 5, 2022).
Waiver requests have increased significantly since 2017 and 2018. From
March 2022 to March 2023, AmeriCorps received more than 60 requests for
full or partial waivers of AmeriCorps State and National match
requirements, meaning that requests have been submitted for more than 7
percent of AmeriCorps State and National cost-reimbursement grants.
Many of the respondents to the RFI stated that they have difficulty
securing match and that current match requirements are a barrier to
equity and limit people's ability to serve. These respondents
specifically
[[Page 69606]]
proposed a return to ``original Congressional intent'' as evidenced by
language in the National and Community Service Act of 1990 providing
that AmeriCorps' share may not exceed 75 percent. For several years,
Congress has, through appropriations laws, provided that AmeriCorps
programs receiving grants under the National Service Trust program must
meet an overall minimum match of 24 percent for the first three years
of receiving funding, and then must meet the overall match requirements
in section 2521.60 of the current regulations. See, e.g., Consolidated
Appropriations Act, 2022, Public Law 117-103, Section 402. The current
regulations at section 2521.60 set out a graduated match schedule in
which the required match increases from 26 percent as of the fourth
consecutive year they receive a grant to 50 percent as of year 10 and
beyond for the total budget. This requires grantees to match the
AmeriCorps' investment one-to-one once they reach year 10 and beyond.
AmeriCorps proposes a match that increases more gradually until it
reaches 50 percent of the overall program cost by the sixteenth year to
replace the current regulations' more abrupt and steep match scale. A
match that increases less often (by grant period, rather than annually)
would reduce the burden on grantees of raising, tracking, and reporting
increasing annual percentages. While some grantees can raise the
currently required additional match for years five and beyond (ranging
from 30 percent to 50 percent), it is a barrier for other existing
grantees that are smaller or in geographic areas where there is not a
philanthropic community. It is also a barrier to entry for new
applicants that have less capacity and less access to matching funds.
Lowering the match amount does not change the cost to run a strong
AmeriCorps program. Thus, grantees will continue to have to raise
additional funds beyond the required match generally, for the
sustainability of their organization, but they will no longer be in
danger of having to return AmeriCorps funds at the end of their grants
if they fail to raise match that is so far in excess of the 25 percent
indicated by statutory text. To the extent they are able, grantees are
strongly encouraged to raise funding beyond the required match amount
to extend the reach of national service as much as possible.
C. Criteria for Waiving Match Requirements--Sec. 2521.70
This proposed rule would revise the criteria that grantees must
demonstrate when they request a waiver of the matching requirements.
Currently, the regulation requires grantees to demonstrate: (1) a lack
of resources at the local level; (2) that the lack of resources is
unique or unusual; (3) the efforts the grantee has made to raise
matching resources; and (4) the amount of matching resources the
grantee has raised or reasonably expects to raise. The proposed rule
would instead specify four criteria and require grantees to demonstrate
only one of them, and in addition provide supporting documentation and
a description of the efforts made to raise match. The proposed waiver
criteria mirror the waiver criteria required in AmeriCorps Seniors
programs, with one additional criterion to allow waivers for
organizations with revenue of less than $500,000. Specifically, under
the proposed rule, grantees would have to demonstrate one of the
following: initial difficulties in developing local funding sources
during the first three years of operations; an economic downturn,
natural disaster, or similar event in the grantee's service area that
severely restricts or reduces sources of local funding support; the
unexpected discontinuation of local support from one or more sources
that a project has relied on for a period of years; or an
organizational revenue of less than $500,000.
The current regulations' waiver requirements are overly burdensome
to grantees and enhance the risk that AmeriCorps funds will not be
fully expended because grantees must return AmeriCorps funds at
closeout if they do not meet the match requirement or receive a waiver.
The proposed waiver criteria reduce this burden. Furthermore, the
agency desires to have more consistency between its programs, and the
proposed change aligns AmeriCorps State and National's match waiver
criteria with AmeriCorps Seniors' match waiver criteria, with one
additional criterion. The additional criterion, for organizations with
less than $500,000 in revenue (as shown on an IRS Form 990, for
example) is intended to encourage new, small organizations and those
with programs in underserved communities. The proposed rule would still
require a description of efforts made to raise matching resources but
clarifies that this description must be provided with the waiver
request.
D. Limit on Number of Terms an Individual May Serve in AmeriCorps State
and National--Sec. 2522.235
The current regulation provides that individuals who serve in
AmeriCorps State and National may receive the benefits offered by
AmeriCorps for serving up to, but not more than, four terms. It also
includes information on how terms are calculated if an individual is
released early under various circumstances. The benefits offered to
AmeriCorps members include the AmeriCorps Segal Education Award from
the National Service Trust upon successful completion of their terms of
service. Benefits during service include a living allowance, financial
benefits during an extended term of disaster-related service,
childcare, and health care.
Separate regulations at 45 CFR 2525.50 limit participants to
receiving no more than the value of two full-time education awards. The
proposed rule would remove the four term limit, thus allowing any
individual to serve as many terms as necessary to earn the value of two
full-time education awards, regardless of whether those terms are
served on a full-time, part-time, or reduced part-time basis. This
revision removes an artificial barrier on individuals' ability to
continue to serve.
In 2010, AmeriCorps established the four-term limit in the current
regulations to ensure that there would be opportunities for all
interested Americans to serve because, at the time, applications for
AmeriCorps far exceeded available positions. See 75 FR 51395, 51406-07
(August 20, 2010). An excess demand for AmeriCorps positions no longer
exists to justify this term limit. Even accounting for the possibility
that demand will at some point exceed the number of AmeriCorps
positions available, the current regulation's term limit is too broad a
prohibition. Service terms vary considerably, encompassing full-time,
part-time, reduced part-time, quarter-time, and minimum-time terms, as
well as any term from which one exits after serving 15 percent of the
agreed term of service. Treating each of these terms of service as
equivalent for the purposes of a term limit is unfair to those who may
have served shorter terms of service but would like to serve more.
Individuals should be encouraged, rather than discouraged, from
participating in national service. AmeriCorps believes a term limit is
unnecessary, as there is already an existing limit to education
awards--a significant incentive for participation in national service.
III. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory
[[Page 69607]]
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). Executive Order 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 has
determined that this proposed rule is not a significant regulatory
action.
B. 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. Most AmeriCorps State and National grantees are State
Commissions and organizations that do not meet the definition of a
small entity. 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.
C. 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 Federal, State, local, or Tribal
Governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
D. 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. The application for AmeriCorps State and National grants are
authorized under OMB Control Number 3045-0047, which expires September
30, 2026. Applicants for grants who would like to request a waiver
under this proposed rule would do so as part of the application
process, but the request is exempted from the definition of
``information'' subject to PRA requirements because it is a simple
acknowledgment that the applicant is requesting a waiver based on one
of the criteria. See 5 CFR 1320.3(h)(1). Therefore, this proposed rule
does not affect require submission of a revision of this information
collection.
E. 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.
F. Takings (Executive Order 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.
G. Civil Justice Reform (Executive Order 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.
H. Consultation With Indian Tribes (Executive Order 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 Executive Order 13175 and
determined that this proposed rule does not impose substantial direct
effects on federally recognized Tribes.
I. 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 rule, your comments should be as
specific as possible.
List of Subjects
45 CFR Part 2520
Grant programs--social programs, Volunteers.
45 CFR Part 2521
Grant programs--social programs, Volunteers.
45 CFR Part 2522
Grant programs--social programs, Reporting and recordkeeping
requirements, Volunteers.
For the reasons stated in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for National and Community Service is
proposing to amend Chapter XXV, title 45 of the Code of Federal
Regulations as follows:
PART 2520--GENERAL PROVISIONS: AMERICORPS SUBTITLE C PROGRAMS
0
1. The authority citation for part 2520 continues to read as follows:
Authority: 42 U.S.C. 12571-12595.
0
2. Amend Sec. 2520.5 by adding in alphabetical order the definition
``AmeriCorps'' to read as follows:
Sec. 2520.5 What definitions apply to this part?
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.
* * * * *
Sec. Sec. 2520.10 through 2520.65 [Amended]
0
3. In Sec. Sec. 2520.10 through 2520.65, remove the words ``the
Corporation'' wherever they appear and add in their place the word
``AmeriCorps''.
0
4. In Sec. Sec. 2520.10 through 2520.65, remove the word
``Corporation'' and add in its place the word ``AmeriCorps''.
0
5. Amend Sec. 2520.50 by, revising paragraph (a) and adding new
paragraph (c) to read as follows:
Sec. 2520.50 How much time may AmeriCorps members in my program spend
in education and training activities?
(a) No more than 20 percent of the aggregate of all AmeriCorps
member service hours in your program, as reflected in the member
enrollments in the National Service Trust, may be spent in education
and training activities,
[[Page 69608]]
unless AmeriCorps grants a waiver under paragraph (c) of this section.
* * * * *
(c) AmeriCorps may waive the limit in paragraph (a) of this section
to allow up to 50 percent of the aggregate of all AmeriCorps member
service hours in your program to be spent in education and training
activities if your program:
(1) Is a Registered Apprenticeship program;
(2) Is a job training or job readiness program;
(3) Includes activities to support member attainment of a GED or
high school diploma or occupational, technical, or safety credentials;
or
(4) Primarily enrolls economically disadvantaged AmeriCorps members
and employs a program design that also includes soft skills or life
skills development.
PART 2521--ELIGIBLE AMERICORPS SUBTITLE C PROGRAM APPLICANTS AND
TYPES OF GRANTS AVAILABLE FOR AWARD
0
6. The authority for part 2521 continues to read as follows:
Authority: 42 U.S.C. 12571-12595
0
7. Amend Sec. 2521.5 by adding in alphabetical order the definition
``AmeriCorps'' to read as follows:
Sec. 2521.5 What definitions apply to this part?
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.
* * * * *
Sec. Sec. 2521.10 through 2521.95 [Amended]
0
8. In Sec. Sec. 2521.10 through 2521.95, remove the words ``the
Corporation'' and add in their place the word ``AmeriCorps''.
0
9. In Sec. Sec. 2521.10 through 2521.95, remove the word
``Corporation'' and add in its place the word ``AmeriCorps''.
0
10. In Sec. 2521.60, revise the introductory text, paragraph (a)(1),
and paragraph (b) to read as follows:
Sec. 2521.60 What will my share of program costs be?
Except as provided in paragraph (b) of this section, if your
program continues to receive funding after an initial three-year grant
period, you must continue to meet the minimum requirements in Sec.
2521.45 of this part. In addition, your required share of program
costs, including member support and operating costs, will incrementally
increase each grant period to a 50 percent overall share by the sixth
grant period and beyond (sixteenth year and any year thereafter that
you receive a grant), without a break in funding of five years or more.
A 50 percent overall match means that you will be required to match $1
for every $1 you receive from the Corporation.
(a) * * *
(1) Subject to the requirements of Sec. 2521.45 of this part, and
except as provided in paragraph (b) of this section, your overall share
of program costs will increase as of the fourth consecutive year that
you receive a grant, according to the following timetable:
Timetable for Minimum Organization Share
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sixth grant
First grant Second grant Third grant Fourth grant Fifth grant period and
period: years period: years period: years period: years period: years beyond: years
1-3 (percent) 4-6 (percent) 7-9 (percent) 10-12 13-15 16 and beyond
(percent) (percent) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum member support.................................. 15 15 15 15 15 15
Minimum operating costs................................. 33 33 33 33 33 33
Minimum overall share................................... 24 28 32 38 44 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(b) Alternative match requirements: If your program is unable to
meet the match requirements set forth in paragraph (a) of this section
and is located in a rural or a severely economically distressed
community, you may apply to AmeriCorps for a waiver that would decrease
the level of your required match.
* * * * *
0
11. In Sec. 2521.70 revise paragraphs (b) and (c) to read as follows:
Sec. 2521.70 To what extent may AmeriCorps waive the matching
requirements in Sec. Sec. 2521.45 and 2521.60 of this part?
* * * * *
(b) If you are requesting a waiver, you must demonstrate:
(1) Initial difficulties in the development of local funding
sources during the first three years of operations; or
(2) An economic downturn, the occurrence of a natural disaster, or
similar events in the service area that severely restrict or reduce
sources of local funding support; or
(3) The unexpected discontinuation of local support from one or
more sources that a project has relied on for a period of years; or
(4) Organizational revenue of less than $500,000.
(c) You must provide with your waiver request:
(1) A description of the efforts you have made to raise matching
resources; and
(2) A request for the specific amount of match you are asking
AmeriCorps to waive; and
(3) A budget and budget narrative that reflect the requested level
in matching resources.
PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
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12. The authority for part 2522 continues to read as follows:
Authority: 42 U.S.C. 12571-12595; 12651b-12651d; E.O. 13331, 69
FR 9911, Sec. 1612, Pub. L. 111-13.
0
13. Amend Sec. 2522.10 by adding in alphabetical order the definition
``AmeriCorps'' to read as follows:
Sec. 2522.10 What definitions apply to this part?
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.
* * * * *
Sec. Sec. 2522.100 through 2522.950 [Amended]
0
14. In Sec. Sec. 2522.100 through 2522.950, remove the words ``the
Corporation''
[[Page 69609]]
and add in their place the word ``AmeriCorps''.
0
15. In Sec. Sec. 2522.100 through 2522.950, remove the word
``Corporation'' and add in its place the word ``AmeriCorps''.
0
16. In Sec. Sec. 2522.100 through 2522.950, remove the words ``the
Corporation's'' and add in their place the word ``AmeriCorps' ''.
0
17. Revise Sec. 2522.235 to read as follows:
Sec. 2522.235 Is there a limit on the number of terms an individual
may serve in an AmeriCorps State and National program?
The terms an individual may serve in an AmeriCorps State and
National program are limited to the number of terms needed to attain
the aggregate value of two full-time education awards.
0
18. In Sec. 2522.240, revise paragraph (a) to read as follows:
Sec. 2522.240 What financial benefits do AmeriCorps participants
serving in approved AmeriCorps positions receive?
(a) AmeriCorps education awards. An individual serving in an
approved AmeriCorps State and National position may receive an
education award from the National Service Trust upon successful
completion of their terms of service as defined in Sec. 2522.220,
consistent with the limitations in Sec. 2525.50.
* * * * *
Sec. 2522.510 [Amended]
0
19. In Sec. 2522.510, remove the words ``a Corporation'' and add in
its place the words ``an AmeriCorps''.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023-22155 Filed 10-5-23; 8:45 am]
BILLING CODE 6050-28-P