Rule2023-10027
Volunteers in Service to America
Primary source
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Published
May 16, 2023
Effective
June 15, 2023
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (operating as AmeriCorps) is finalizing updates to 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 final rule defines the phrase to include those funds paid directly for the support of individuals serving in the VISTA program, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 94 (Tuesday, May 16, 2023)</title>
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[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31178-31193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10027]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2556
RIN 3045-AA70; 3045-AA79
Volunteers in Service to America
AGENCY: Corporation for National and Community Service.
ACTION: Final rule.
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SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) is finalizing updates to 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 final rule defines the phrase to include those funds paid
directly for the support of individuals serving in the VISTA program,
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: Effective June 15, 2023.
FOR FURTHER INFORMATION CONTACT: Carly Bruder, Acting Director,
AmeriCorps VISTA, at <a href="/cdn-cgi/l/email-protection#600302121504051220030e134e070f16"><span class="__cf_email__" data-cfemail="99fafbebecfdfcebd9faf7eab7fef6ef">[email protected]</span></a>, (202) 606-6871, or by mail to
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 Final 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 final rule defines ``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 final rule makes clear that
AmeriCorps can provide non-competitive 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 final rule makes 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 Sec. 2556.180 of this final rule.
This final rule also updates position titles and roles to reflect
current agency organization, revise provisions that no longer reflect
current practice, and make technical changes. Specifically, the rule:
<bullet> In the definitions section, at Sec. 2556.5:
[cir] Deletes the definitions of ``Area Manager'' and ``State
Program Director''
[cir] Adds definitions for ``Deputy Regional Administrator,''
``Portfolio Manager,'' Regional Administrator,'' ``Senior Portfolio
Manager,'' ``VISTA Case Manager,'' and ``VMSU Director.''
[cir] Replaces the definition of ``CNCS'' with a definition of
``AmeriCorps'' to reflect that the Agency operates as AmeriCorps.
<bullet> In Sec. 2556.200, clarifies 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 deletes ``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
[[Page 31179]]
residents'' (e.g., refugees prior to obtaining a green card).
<bullet> In Sec. 2556.305(c) and Sec. 2556.625(c), deletes the
requirement for VISTA members and leaders, respectively, 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 in Sec. 2556.305(c) deletes ``without regard to
regular working hours'' because paragraph (a) already addresses that
point.
<bullet> In Sec. 2556.320(d) and Sec. 2556.505(b)(2), replaces
reference to a ``baggage allowance'' benefit to transport personal
effects to the project site with reference to a ``relocation 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.
<bullet> In Sec. 2556.350(b)(3), adds ``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.
<bullet> In Sec. 2556.500, deletes 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.
<bullet> In Sec. 2556.610, removes the list of specific components
of a sponsor recommendation, to allow sponsors greater flexibility in
drafting their recommendations, and instead clarifies the criteria that
AmeriCorps relies upon when selecting leaders as including
consideration of the individual's experience, special skills, and
leadership.
<bullet> Makes the following updates to position titles and agency
organization:
[cir] In Sec. 2556.320(i), changes ``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), changes ``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, changes ``Area Manager'' to ``Regional
Administrator'' as the official who will receive an appeal of a VISTA
grievance, and changes ``State Program Director'' to ``Deputy Regional
Administrator'';
[cir] In Sec. 2556.410, changes ``State Program Director'' to
``Case Manager'' for handling requests of sponsoring organizations to
remove a VISTA member from its project;
[cir] In Sec. 2556.420(a), (b), and (d), changes ``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), changes ``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;
[cir] In Sec. 2556.425(a), changes ``State Program Director'' to
``AmeriCorps'' as the issuer of a termination decision and changes
``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) changes ``Area Manager'' to ``VMSU Director'' as the
official issuing a written appeal determination.
[cir] In Sec. 2556.625(k), changes ``State Office'' to ``Region
Office.''
<bullet> Throughout the CFR part, this rule:
[cir] Changes ``CNCS'' to ``AmeriCorps'' to reflect that the Agency
operates as AmeriCorps;
[cir] Changes ``he or she'' and ``his or her'' to gender-neutral
``they'' and ``their'';
[cir] Changes ``shall'' to ``will'' or ``must'' or other language
as appropriate to more clearly convey in plain language what is
required and allowed, and changes ``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. Development of Final Rule and Public Comments on Proposed Rule
AmeriCorps published a proposed rule seeking public comment on
these changes on January 26, 2023, at 88 FR 4945. The public comment
period closed on March 27, 2023. AmeriCorps received three public
comments on the proposed rule.
One commenter expressed support for the proposed rule and stated
that allowing for a clear understanding that AmeriCorps can provide
non-competitive grants for projects less than a year old is ``a
significant step forward.'' This commenter also expressed support for
updating the position titles and the deletion of ``lawful permanent
resident,'' among other aspects of the rule.
Response: The final rule includes all the proposed revisions of
which this commenter expressed support.
A State service commission commenter suggested an additional
revision to broaden the definition of who is eligible to apply to serve
as a leader to include those who have obtained experience, skills, and
leadership through pathways other than having served full-time in
AmeriCorps or Peace Corps.
Response: This suggested revision was not included in the proposed
rule, but AmeriCorps appreciates the suggestion and will take it under
advisement.
The third commenter, an association representing State and
territorial service commissions, expressed support for seeking avenues
to expand the availability of VISTA support grants to first-year
projects. The commenter also expressed additional comments and
suggestions outside the scope of this rulemaking.
Response: This rule codifies AmeriCorps' interpretation of the
``direct cost of supporting volunteers'' to ensure consistency in
future interpretation of this phrase as allowing for availability of
VISTA support grants to first-year projects. AmeriCorps appreciates
this comment, as well as the commenter's additional comments and
suggestions that AmeriCorps will take under advisement.
IV. 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
[[Page 31180]]
and Regulatory Affairs in the Office of Management and Budget has
determined that this is not 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 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 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 rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 because this 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 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 rule does not impose substantial direct effects on federally
recognized Tribes.
List of Subjects in 45 CFR Part 2556
Grant programs--social programs, Volunteers.
0
For the reasons stated in the preamble, the Corporation for National
and Community Service amends chapter XXV of 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?
[[Page 31181]]
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.
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
[[Page 31182]]
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
Region 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.
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
[[Page 31183]]
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;
(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
[[Page 31184]]
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.
(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.
[[Page 31185]]
(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
(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
[[Page 31186]]
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 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
[[Page 31187]]
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 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
[[Page 31188]]
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
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
[[Page 31189]]
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 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 VISTA Case 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 AmeriCorps' 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.
[[Page 31190]]
(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.
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
[[Page 31191]]
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.
(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 Region 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.
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;
[[Page 31192]]
(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 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
[[Page 31193]]
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 Region Office.
(b) Failure of a sponsor to comply with the requirements of this
subpart, or a violation of the requirements contained in this subpart
by the sponsor or 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. 2023-10027 Filed 5-15-23; 8:45 am]
BILLING CODE 6050-28-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.