Rule2024-01555
AmeriCorps Statement of Organization
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Published
February 1, 2024
Effective
March 4, 2024
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (CNCS), which operates as AmeriCorps, is finalizing a rule to provide general information to the public about its structure and purpose, as required by the Administrative Procedure Act. While AmeriCorps already provides information about its organizational structure on its public-facing website (americorps.gov), this rule would comply with the statutory requirement that agencies publish in the Federal Register their descriptions of organization. This rule will also increase transparency regarding AmeriCorps' operations by mapping out its existing program regulations, thereby providing an overview of the Agency's programs.
Full Text
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<title>Federal Register, Volume 89 Issue 22 (Thursday, February 1, 2024)</title>
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 6432-6435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01555]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045-AA83
AmeriCorps Statement of Organization
AGENCY: Corporation for National and Community Service.
ACTION: Final rule.
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SUMMARY: The Corporation for National and Community Service (CNCS),
which operates as AmeriCorps, is finalizing a rule to provide general
information to the public about its structure and purpose, as required
by the Administrative Procedure Act. While AmeriCorps already provides
information about its organizational structure on its public-facing
website (<a href="http://americorps.gov">americorps.gov</a>), this rule would comply with the statutory
requirement that agencies publish in the Federal Register their
descriptions of organization. This rule will also increase transparency
regarding AmeriCorps' operations by mapping out its existing program
regulations, thereby providing an overview of the Agency's programs.
DATES: This rule is effective March 4, 2024.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General
Counsel, at (202) 967-5070, or <a href="/cdn-cgi/l/email-protection#482d2938382d2408742968203a2d2e75" http: americorps.gov">americorps.gov</a>">eappel@<a href="http://americorps.gov">americorps.gov</a></a>.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps, the operating name for the Corporation for National and
Community Service, is a Federal agency that engages millions of
Americans in service. AmeriCorps members and AmeriCorps Seniors
volunteers serve directly with nonprofit, tribal, faith-based, or
community organizations to tackle some of our nation's most pressing
challenges. Although AmeriCorps already provides information about its
organizational structure on its website, <a href="http://americorps.gov">americorps.gov</a>, this rule
complies with the statutory requirement that agencies ``publish in the
Federal Register'' their descriptions of organization. See 5 U.S.C.
552(a)(1)(A). This rule will also increase transparency regarding
AmeriCorps' operations by mapping out its existing program regulations,
thereby providing an overview of the Agency's programs.
This rule adds AmeriCorps' organizational information to Code of
Federal Regulations (CFR) part 2500. Part 2500 already includes
information about AmeriCorps being CNCS's operating name and
information about AmeriCorps' logos. This rule redesignates, without
substantive change, the operating name and logo sections to new
sections later in the CFR part and adds subpart designations. The
following is a breakdown of the new and redesignated sections:
------------------------------------------------------------------------
Description of
Current 45 CFR section New 45 CFR section change
------------------------------------------------------------------------
Subpart A-- New subpart
Introduction. designation.
2500.1 Creation and New section.
authority.
2500.1 Agency Operating Name 2500.2 Agency Redesignated without
operating name. substantive change.
2500.3 Purpose and New section.
mission.
Subpart B-- New subpart
Organization. designation.
2500.10 General..... New section.
2500.11 AmeriCorps New section.
headquarters.
2500.12 Region New section.
offices.
Subpart C--Programs. New subpart
designation.
2500.20 Program New section.
descriptions.
2500.21 Focus areas. New section.
Subpart D--Logos.... New subpart
designation.
2500.2 Description of Logos. 2500.30 Description Redesignated without
of logos. substantive change.
2500.3 Retirement of Logos.. 2500.31 Retirement Redesignated without
of logos. substantive change.
2500.4 Authority to affix 2500.32 Authority to Redesignated without
logos. affix logos. substantive change.
------------------------------------------------------------------------
The new sections describe AmeriCorps':
<bullet> Statutory basis and origination;
<bullet> Purpose, to administer the programs established under the
national service laws; and mission, to improve lives, strengthen
communities, and foster civic engagement through service and
volunteering;
<bullet> Organization, including the roles of the Chief Executive
Officer and the Board of Directors;
<bullet> Headquarters, including leadership positions; and region
offices, referring to AmeriCorps' website for details on contact
information;
<bullet> Four main national service programs: AmeriCorps NCCC,
AmeriCorps Seniors, AmeriCorps State and National, and AmeriCorps
VISTA; and
<bullet> Focus areas, which include, but are not limited to,
disaster services, economic opportunity, education, environmental
stewardship, healthy futures, and veterans and military families.
Edits to the sections addressing AmeriCorps' logos specify the
logos' fonts and the direction of the flag in the logos and make minor
grammatical changes.
II. Responses to Comments on Proposed Rule and Changes to Proposed Rule
AmeriCorps published the proposed rule on May 2, 2023. See 88 FR
27423. AmeriCorps received three written comment submissions prior to
the July 3, 2023, deadline for public comments. All three comments
expressed opposition to AmeriCorps' regional structure under the Office
of Regional Operations and the logos and branding that resulted from
the ``Transformation and Sustainability Plan'' that AmeriCorps adopted
several years ago. Commenters recounted multiple challenges with the
regional structure that replaced the State Office structure. AmeriCorps
currently operates through the regional structure and strives to
address grantees' concerns or the difficulties they face within that
structure. However, because the rule merely describes the regional
structure under which AmeriCorps currently operates, AmeriCorps is not
reconsidering its structure at this time, and is proceeding with
finalization of the description contained in the rule. However,
AmeriCorps appreciates the
[[Page 6433]]
commenters' input on the structure and welcomes ongoing communications
to continually improve operations within the regional structure.
All three comments also expressed some opposition to the logos and
branding, stating--among other reasons--that the logo and branding
cause confusion. AmeriCorps appreciates the comments around the
potential brand confusion; however, because no substantive change was
proposed for the sections related to logos and branding (only a
redesignation of section numbers), AmeriCorps is maintaining the
current rule with finalization of the proposed section redesignations.
The only changes to the proposed rule that the final rule makes are
minor wording changes for clarity and additional explanation of
AmeriCorps NCCC. In Sec. 2500.10, regarding the general organization
of the Agency, the final rule clarifies that the Chief Executive
Officer is responsible for exercising powers and discharging duties set
out in the National and Community Service Act of 1990, as amended, 42
U.S.C. 12501 et seq. (NCSA), and that the Board is responsible for
discharging duties set out in the NCSA. In Sec. Sec. 2500.10(c) and
2500.12, the final rule clarifies that there are two separate sets of
regions under AmeriCorps' structure: one for AmeriCorps NCCC and one
for AmeriCorps' Office of Regional Operations. In Sec. 2500.20, the
final rule adds references to a newly operational sub-program, NCCC
Forest Corps, and the Agency's Disaster Services Unit.
III. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Information and Regulatory Affairs in the Office of
Management and Budget 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 an
interim or final rule report to the U.S. House of Representatives, U.S.
Senate, and to the Comptroller General of the U.S. 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 determined this is not 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 U.S.-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
C. Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), AmeriCorps certifies that this rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. Therefore, AmeriCorps has not performed the initial
regulatory flexibility analysis that is required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to
have such results.
D. Unfunded Mandates Reform Act of 1995
For purposes of Title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any Federal mandate that may result
in increased expenditures in either Federal, State, local, or Tribal
Governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act (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 include
any information collections requiring approval by the Office of
Management and Budget.
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 2500
Organization and functions (Government agencies).
0
For the reasons discussed in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for National and Community Service
revises 45 CFR part 2500 to read as follows:
PART 2500--AMERICORPS STATEMENT OF ORGANIZATION, AGENCY OPERATING
NAME, AND LOGOS
Subpart A--Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.
[[Page 6434]]
2500.3 Purpose and mission.
Subpart B--Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C--Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Subpart D--Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.
Authority: 5 U.S.C. 552(a)(1); 42 U.S.C. 4950, et seq., as
amended; 42 U.S.C. 12501 et seq., as amended; section 203(c), Pub.
L. 103-82, 107 Stat. 892; Proc. 6662, 59 FR 16507, 3 CFR, 1994
Comp., p. 22).
Subpart A--Introduction
Sec. 2500.1 Creation and authority.
The National and Community Service Trust Act of 1993 established
the Corporation for National and Community Service (CNCS) as a Federal
agency, organized in the form of a Government corporation within the
Executive Branch, to administer the national service programs
authorized by the National and Community Service Act of 1990. CNCS also
administers the national service programs authorized by the Domestic
Volunteer Service Act of 1973, as amended, and previously administered
by the former Federal ACTION Agency.
Sec. 2500.2 Agency operating name.
(a) The Corporation for National and Community Service has adopted
AmeriCorps as its official agency operating name.
(b) Use of AmeriCorps as the agency operating name incorporates the
Corporation for National and Community Service by reference.
Sec. 2500.3 Purpose and mission.
AmeriCorps' purpose is to administer the programs established under
the national service laws. AmeriCorps' mission is to improve lives,
strengthen communities, and foster civic engagement through service and
volunteering.
Subpart B--Organization
Sec. 2500.10 General.
(a) The Chief Executive Officer (CEO) is the head of AmeriCorps.
The CEO has authority and control over AmeriCorps personnel, except
those in the Agency's Office of Inspector General, and is responsible
for exercising the powers and discharging the duties authorized by the
National and Community Service Act of 1990, as amended, that are not
otherwise reserved to the Board of Directors.
(b) The Board of Directors is responsible for discharging the
duties authorized to it by the National and Community Service Act of
1990, as amended.
(c) AmeriCorps consists of headquarters and two sets of regions:
Office of Regional Operations regions and AmeriCorps NCCC regions.
Sec. 2500.11 AmeriCorps leadership.
(a) AmeriCorps' leadership conducts overall planning, coordination
of programs, and all supporting internal operations. AmeriCorps
leadership includes, but is not limited to, the following AmeriCorps
officials:
(1) CEO.
(2) Chief of Staff.
(3) General Counsel.
(4) Chief Operating Officer.
(5) Chief Financial Officer.
(6) Chief Program Officer.
(7) Chief Diversity and Inclusion Officer.
(8) Directors of AmeriCorps programs and offices.
(b) AmeriCorps' public website contains current information on
Agency leadership at <a href="http://www.americorps.gov/about/our-team/our-leadership">www.americorps.gov/about/our-team/our-leadership</a>.
Sec. 2500.12 Region offices.
AmeriCorps' Office of Regional Operations and AmeriCorps NCCC each
have a regional structure.
(a) AmeriCorps' Region Offices, within the Office of Regional
Operations, serve assigned States and Territories across eight regions.
The AmeriCorps website contains contact information for each of these
Region Offices at <a href="http://www.americorps.gov/contact/region-offices">www.americorps.gov/contact/region-offices</a>.
(b) AmeriCorps National Civilian Community Corps (NCCC) has a
campus facility in each of its regions, which serve the States and
Territories. The AmeriCorps website contains contact information for
each of the NCCC regions at <a href="http://www.americorps.gov/contact/americorps-nccc-regions">www.americorps.gov/contact/americorps-nccc-regions</a>.
Subpart C--Programs
Sec. 2500.20 Program descriptions.
(a) AmeriCorps operates four main national service programs:
AmeriCorps NCCC, AmeriCorps Seniors, AmeriCorps State and National, and
AmeriCorps VISTA. Additional information on each of these programs and
additional AmeriCorps programs is available at <a href="http://www.americorps.gov">www.americorps.gov</a>.
(1) AmeriCorps NCCC is a full-time residential service program for
individuals aged 18 to 24 (unless otherwise authorized), as defined by
statute. Individuals serving in the NCCC program complete team-based
service projects that respond to priority national and community needs.
AmeriCorps NCCC program staff recruit, train, and manage volunteers
(called ``members'') and partner with organizations that serve as
project sponsors. FEMA Corps is a sub-program that AmeriCorps NCCC
manages in partnership with the Federal Emergency Management Agency. It
places members in service positions to perform disaster public
assistance, planning, preparedness, and recovery activities. The NCCC
Forest Corps is a sub-program that AmeriCorps NCCC manages in
partnership with the U.S. Forest Service. It places members in service
positions to perform wildfire mitigation, reforestation, and climate
resiliency activities. Finally, NCCC houses the agency's Disaster
Services Unit (DSU), the entity which coordinates with FEMA to secure
funding to mobilize AmeriCorps NCCC and AmeriCorps State and National
members under a federally declared disaster.
(2) AmeriCorps Seniors focuses on providing service opportunities
for individuals aged 55 years or older. It operates four national
service programs: the Foster Grandparent Program, Senior Companion
Program, RSVP, and the Senior Demonstration Program. Under each of
these programs, AmeriCorps Seniors provides grants to sponsoring
organizations to meet priority national and community needs. The
sponsoring organizations then recruit and enlist local volunteers, and
address performance measures as required by grant terms and conditions.
(3) AmeriCorps State and National provides grants to States,
Territories, Indian Tribes, public and private nonprofit organizations,
local governments, and institutions of higher education to carry out
national service programs, offering a wide range of service
opportunities. In addition to grant funds to support direct
programming, AmeriCorps State and National also provides general
operating funding for State service commissions.
(4) AmeriCorps VISTA is a program for individuals aged 18 and older
to participate in full-time service to strengthen and supplement
efforts to eliminate and alleviate poverty and poverty-related problems
in the United States. AmeriCorps VISTA partners with local
organizations to recruit, select, train, and assign volunteers
(``members'') to work on projects at a sponsoring organization or one
of its project sites.
[[Page 6435]]
(b) In addition to its four main national service programs,
AmeriCorps also operates several additional programs and activities.
These include the Martin Luther King, Jr., Day of Service; the
September 11th Day of Service and Remembrance; the Volunteer Generation
Fund; and other national service programs that AmeriCorps establishes
through agreements with other Federal agencies.
Sec. 2500.21 Focus areas.
Through its programs, AmeriCorps provides funding and volunteer
opportunities to address pressing unmet human, educational,
environmental, and public safety needs of the United States, without
displacing existing workers, and to meet the additional purposes set
out in the national service laws. AmeriCorps' focus areas include, but
are not limited to, disaster services, economic opportunity, education,
environmental stewardship, healthy futures, and veterans and military
families.
Subpart D--Logos
Sec. 2500.30 Description of logos.
(a) The AmeriCorps logo (Logo) is the key element in agency
identification. It provides a visual representation of the Agency's
role to unite America by bringing people together to serve communities.
It is symbolic of the way AmeriCorps members and volunteers lift and
improve communities through service and volunteering. This Logo links
the graphic communications of all Agency programs.
(b) The Logo is an image of a solid circle containing an A where
the right-hand pillar is a solid block line and the left-hand pillar is
represented by a flagpole with the flag in motion, appearing to fly
from the left to the right and forming the A as the flag intersects
with the other pillar. AmeriCorps appears in bold to the right of the
mark.
[GRAPHIC] [TIFF OMITTED] TR01FE24.107
(c) The AmeriCorps Seniors logo (Seniors Logo) identifies the
highlighted AmeriCorps Seniors programs and represents the Agency's
commitment to programs and volunteer opportunities for older Americans.
[GRAPHIC] [TIFF OMITTED] TR01FE24.108
(d) The Seniors Logo contains the word Seniors beneath AmeriCorps,
to the right of the circle containing the A.
Sec. 2500.31 Retirement of logos.
The agency officially retired the day-to-day use of all pre-
existing logos, emblems, and other insignia, except the Days of Service
logos, but does not relinquish the legal rights to any retired logos.
Sec. 2500.32 Authority to affix logos.
Restrictions on the use of AmeriCorps logos are found in 45 CFR
2540.500 through 2540.560.
Fernando Laguarda,
General Counsel.
[FR Doc. 2024-01555 Filed 1-31-24; 8:45 am]
BILLING CODE 6050-28-P
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