Proposed Rule2023-08403
AmeriCorps Statement of Organization
Primary source
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Published
May 2, 2023
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (CNCS), which operates as AmeriCorps, is proposing a rule to provide general information to the public about its structure and purpose, as required by the Administrative Procedure Act. While AmeriCorps already provides information about its organizational structure on its public-facing website (americorps.gov), this rule would comply with the statutory requirement that specifically requires agencies to publish in the Federal Register their descriptions of organization. This rule will also increase transparency regarding AmeriCorps' operations by mapping out its existing program regulations, thereby providing an overview of the Agency's programs.
Full Text
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<title>Federal Register, Volume 88 Issue 84 (Tuesday, May 2, 2023)</title>
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Proposed Rules]
[Pages 27423-27427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08403]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045-AA83
AmeriCorps Statement of Organization
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
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SUMMARY: The Corporation for National and Community Service (CNCS),
which operates as AmeriCorps, is proposing a rule to provide general
information to the public about its structure and purpose, as required
by the Administrative Procedure Act. While AmeriCorps already provides
information about its organizational structure on its public-facing
website (<a href="http://americorps.gov">americorps.gov</a>), this rule would comply with the statutory
requirement that specifically requires agencies to publish in the
Federal Register their descriptions of organization. This rule will
also increase transparency regarding AmeriCorps' operations by mapping
out its existing program regulations, thereby providing an overview of
the Agency's programs.
DATES: Written comments must be submitted by July 3, 2023.
ADDRESSES: You may send your comments electronically through the
Federal government's one-stop rulemaking website at
<a href="http://www.regulations.gov">www.regulations.gov</a>. You may also send your comments to Elizabeth
Appel,
[[Page 27424]]
Associate General Counsel, at <a href="/cdn-cgi/l/email-protection#593c3829293c35193a372a773e362f"><span class="__cf_email__" data-cfemail="fd989c8d8d9891bd9e938ed39a928b">[email protected]</span></a> or by mail to AmeriCorps,
250 E Street SW, Washington, DC 20525.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General
Counsel, at (202) 967-5070, or <a href="/cdn-cgi/l/email-protection#b5d0d4c5c5d0d9f5d6dbc69bd2dac3"><span class="__cf_email__" data-cfemail="4d282c3d3d28210d2e233e632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps, the operating name for the Corporation for National and
Community Service, is a Federal agency that engages millions of
Americans in service. AmeriCorps members and AmeriCorps Seniors
volunteers serve directly with nonprofit, tribal, faith-based, or
community organizations to tackle some of our nation's most pressing
challenges. Although AmeriCorps already provides information about its
organizational structure on its website, <a href="http://www.americorps.gov">www.americorps.gov</a>, this rule
would comply with the statutory requirement that specifically requires
agencies to ``publish in the Federal Register'' their descriptions of
organization. See 5 U.S.C. 552(a)(1)(A). This rule will also increase
transparency regarding AmeriCorps' operations by mapping out its
existing program regulations, thereby providing an overview of the
Agency's programs.
This proposed rule adds AmeriCorps' organizational information to
Code of Federal Regulations (CFR) part 2500. Part 2500 already includes
information about AmeriCorps being CNCS's operating name and
information about AmeriCorps' logos. This proposed rule would
redesignate, without substantive change, the operating name and logo
sections to new sections later in the CFR part and would add subpart
designations. The following is a breakdown of the new and redesignated
sections:
------------------------------------------------------------------------
Proposed 45 CFR Description of
Current 45 CFR section section change
------------------------------------------------------------------------
Subpart A-- New subpart
Introduction. designation.
2500.1 Creation and New section.
authority.
2500.1 Agency Operating Name.. 2500.2 Agency Redesignated
operating name. without
substantive
change.
2500.3 Purpose and New section.
mission.
Subpart B-- New subpart
Organization. designation.
2500.10 General....... New section.
2500.11 AmeriCorps New section.
headquarters.
2500.12 Region offices New section.
Subpart C--Programs... New subpart
designation.
2500.20 Program New section.
descriptions.
2500.21 Focus areas... New section.
Subpart D--Logos...... New subpart
designation.
2500.2 Description of Logos... 2500.30 Description of Redesignated
logos. without
substantive
change.
2500.3 Retirement of Logos.... 2500.31 Retirement of Redesignated
logos. without
substantive
change.
2500.4 Authority to affix 2500.32 Authority to Redesignated
logos. affix logos. without
substantive
change.
------------------------------------------------------------------------
The proposed new sections would describe AmeriCorps':
<bullet> Statutory basis and origination;
<bullet> Purpose, to administer the programs established under the
national service laws; and mission, to improve lives, strengthen
communities, and foster civic engagement through service and
volunteering;
<bullet> Organization, including the roles of the Chief Executive
Officer and the Board of Directors;
<bullet> Headquarters, including leadership positions; and region
offices, referring to AmeriCorps' website for details on contact
information;
<bullet> Four main national service programs: AmeriCorps NCCC,
AmeriCorps Seniors, AmeriCorps State and National, and AmeriCorps
VISTA; and
<bullet> Focus areas, which include but are not limited to,
disaster services, economic opportunity, education, environmental
stewardship, healthy futures, and veterans and military families.
Proposed edits to the sections addressing AmeriCorps' logos specify
the logos' fonts and the direction of the flag in the logos and make
other minor grammatical changes.
II. 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 has determined that this 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. 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 either 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. This proposed rule does not include any information
collections
[[Page 27425]]
requiring approval by the Office of Management and Budget.
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 (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.
G. 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.
H. 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.
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 in 45 CFR Part 2500
Organization and functions (Government agencies).
0
For the reasons discussed in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for National and Community Service
proposes to revise 45 CFR part 2500 to read as follows:
PART 2500--AMERICORPS STATEMENT OF ORGANIZATION, AGENCY OPERATING
NAME, AND LOGOS
Subpart A--Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.
2500.3 Purpose and mission.
Subpart B--Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C--Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Subpart D--Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.
Authority: 5 U.S.C. 552(a)(1); 42 U.S.C. 4950, et seq., as
amended; 42 U.S.C. 12501 et seq., as amended; section 203(c), Pub.
L. 103-82, 107 Stat. 892 (42 U.S.C. 12651 note); Proc. 6662, 59 FR
16507, 3 CFR, 1994 Comp., p. 22).
Subpart A--Introduction
Sec. 2500.1 Creation and authority.
The National and Community Service Trust Act of 1993 established
the Corporation for National and Community Service (CNCS) as a Federal
agency, organized in the form of a Government corporation within the
Executive Branch, to administer the national service programs
authorized by the National and Community Service Act of 1990. CNCS also
administers the national service programs authorized by the Domestic
Volunteer Service Act of 1973, as amended, and previously administered
by the former Federal ACTION Agency.
Sec. 2500.2 Agency operating name.
(a) The Corporation for National and Community Service has adopted
AmeriCorps as its official agency operating name.
(b) Use of AmeriCorps as the agency operating name incorporates the
Corporation for National and Community Service by reference.
Sec. 2500.3 Purpose and mission.
AmeriCorps' purpose is to administer the programs established under
the national service laws. AmeriCorps' mission is to improve lives,
strengthen communities, and foster civic engagement through service and
volunteering.
Subpart B--Organization
Sec. 2500.10 General.
(a) A Chief Executive Officer (CEO) heads AmeriCorps. The CEO has
authority and control over AmeriCorps personnel, except those in the
Agency's Office of Inspector General, and is responsible for exercising
the powers and fulfilling the duties that are not reserved to the Board
of Directors.
(b) The Board of Directors has responsibility for setting
AmeriCorps' overall policy, reviewing AmeriCorps' strategic plan, and
fulling other duties for which it is responsible under the national
service laws.
(c) AmeriCorps consists of headquarters and region offices, which
serve the States and Territories.
Sec. 2500.11 AmeriCorps leadership.
(a) AmeriCorps' leadership conducts overall planning, coordination
of programs, and all supporting internal operations. AmeriCorps
leadership includes, but is not limited to, the following AmeriCorps
officials:
(1) CEO
(2) Chief of Staff
(3) General Counsel
(4) Chief Operating Officer
(5) Chief Financial Officer
(6) Chief Program Officer
(7) Chief Diversity and Inclusion Officer
(8) Directors of AmeriCorps programs and offices
(b) AmeriCorps' public website contains current information on
Agency leadership at <a href="http://www.americorps.gov/about/our-team/our-leadership">www.americorps.gov/about/our-team/our-leadership</a>.
Sec. 2500.12 Region offices.
(a) AmeriCorps' region offices serve the States and Territories.
The AmeriCorps website contains contact information for each of these
region offices at <a href="http://www.americorps.gov/contact/region-offices">www.americorps.gov/contact/region-offices</a>.
(b) AmeriCorps NCCC has a campus facility in each of its regions,
which serve the States and Territories. The AmeriCorps website contains
current information on the locations of and contact information for
each of the
[[Page 27426]]
NCCC regions at <a href="http://www.americorps.gov/contact/americorps-nccc-regions">www.americorps.gov/contact/americorps-nccc-regions</a>.
Subpart C--Programs
Sec. 2500.20 Program descriptions.
(a) AmeriCorps operates four main national service programs:
AmeriCorps NCCC, AmeriCorps Seniors, AmeriCorps State and National, and
AmeriCorps VISTA. Additional information on each of these programs and
additional AmeriCorps programs is available at <a href="http://www.americorps.gov">www.americorps.gov</a>.
(1) AmeriCorps NCCC is a full-time residential service program for
individuals aged 18 to 24 (unless otherwise authorized), as defined by
statute. Individuals serving in the NCCC program complete team-based
service projects that respond to priority national and community needs.
AmeriCorps NCCC program staff recruit, train, and manage volunteers
(called ``members'') and partner with organizations that serve as
project sponsors. FEMA Corps is a sub-program that AmeriCorps NCCC
manages in partnership with the Federal Emergency Management Agency. It
places members in service positions to perform disaster public
assistance, planning, preparedness, and recovery activities.
(2) AmeriCorps Seniors focuses on providing service opportunities
for individuals aged 55 years or older. It operates four national
service programs: the Foster Grandparent Program, Senior Companion
Program, RSVP, and the Senior Demonstration Program. Under each of
these programs, AmeriCorps Seniors provides grants to sponsoring
organizations to meet priority national and community needs. The
sponsoring organizations then recruit and enlist local volunteers, and
address performance measures as required by grant terms and conditions.
(3) 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. In addition to grant funds to support direct
programming, AmeriCorps State and National also provides general
operating funding for State service commissions.
(4) AmeriCorps VISTA is a program for individuals aged 18 and older
to participate in full-time service to strengthen and supplement
efforts to eliminate and alleviate poverty and poverty-related problems
in the United States. AmeriCorps VISTA partners with local
organizations to recruit, select, train, and assign volunteers
(``members'') to work on projects at a sponsoring organization or one
of its project sites.
(b) In addition to its four main national service programs,
AmeriCorps also operates several additional programs and activities.
These include the Martin Luther King, Jr., Day of Service; the
September 11th Day of Service; the Volunteer Generation Fund; and other
national service programs that AmeriCorps establishes through
agreements with other Federal agencies.
Sec. 2500.21 Focus areas.
Through its programs, AmeriCorps provides funding and volunteer
opportunities to address pressing unmet human, educational,
environmental, and public safety needs of the United States, without
displacing existing workers, and to meet the additional purposes set
out in the national service laws. AmeriCorps' focus areas include, but
are not limited to, disaster services, economic opportunity, education,
environmental stewardship, healthy futures, and veterans and military
families.
Subpart D--Logos
Sec. 2500.30 Description of logos.
(a) The AmeriCorps logo (Logo) is the key element in agency
identification. It provides a visual representation of the Agency's
role to unite America by bringing people together to serve communities.
It is symbolic of the way AmeriCorps members and volunteers lift and
improve communities through service and volunteering. This Logo links
the graphic communications of all Agency programs.
(b) The Logo is an image of a solid circle containing an A where
the right-hand pillar is a solid block line and the left-hand pillar is
represented by a flagpole with the flag in motion, appearing to fly
from the left to the right and forming the A as the flag intersects
with the other pillar. AmeriCorps appears in bold to the right of the
mark.
[GRAPHIC] [TIFF OMITTED] TP02MY23.000
(c) The AmeriCorps Seniors logo (Seniors Logo) identifies the
highlighted AmeriCorps Seniors programs and represents the Agency's
commitment to programs and volunteer opportunities for older Americans.
[[Page 27427]]
[GRAPHIC] [TIFF OMITTED] TP02MY23.001
(d) The Seniors Logo contains the word Seniors beneath AmeriCorps,
to the right of the circle containing the A.
Sec. 2500.31 Retirement of logos.
The agency officially retired the day-to-day use of all pre-
existing logos, emblems, and other insignia, except the Days of Service
logos, but does not relinquish the legal rights to any retired logos.
Sec. 2500.32 Authority to affix logos.
Restrictions on the use of AmeriCorps logos are found in 45 CFR
2540.500 through 2540.560.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023-08403 Filed 5-1-23; 8:45 am]
BILLING CODE 6050-28-P
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