Proposed Rule2024-19349
AmeriCorps State and National Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 28, 2024
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (operating as AmeriCorps) is requesting public comment on a proposal to revise AmeriCorps State and National program regulations on the number of terms for which AmeriCorps will fund living allowances and other benefits for members. The proposal would provide that AmeriCorps funding may be used for living allowances and other benefits for members for as long as it takes the members to either earn the aggregate value of two Segal Education Awards or four terms, whichever is longer.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68845-68847]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19349]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2522
RIN 3045-AA84
AmeriCorps State and National Updates
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) is requesting public comment on a proposal to revise
AmeriCorps State and National program regulations on the number of
terms for which AmeriCorps will fund living allowances and other
benefits for members. The proposal would provide that AmeriCorps
funding may be used for living allowances and other benefits for
members for as long as it takes the members to either earn the
aggregate value of two Segal Education Awards or four terms, whichever
is longer.
DATES: Written comments must be submitted by September 27, 2024.
ADDRESSES: Please send your comments electronically through the Federal
government's one-stop rulemaking website at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Alternatively, you may send your comments to Elizabeth Appel, Associate
General Counsel, at <a href="/cdn-cgi/l/email-protection#a6c3c7d6d6c3cae6c5c8d588c1c9d0"><span class="__cf_email__" data-cfemail="6500041515000925060b164b020a13">[email protected]</span></a> or by mail to AmeriCorps (ATTN:
Elizabeth Appel), 250 E Street SW, Washington, DC 20525.
FOR FURTHER INFORMATION CONTACT: Jennifer Bastress Tahmasebi, Deputy
Director, AmeriCorps State and National at
<a href="/cdn-cgi/l/email-protection#f6bcb497858284938585a2979e9b978593949fb6979b93849f9599848685d8919980"><span class="__cf_email__" data-cfemail="de949cbfadaaacbbadad8abfb6b3bfadbbbcb79ebfb3bbacb7bdb1acaeadf0b9b1a8">[email protected]</span></a>, (202) 606-6667; or Elizabeth Appel,
Associate General Counsel, at <a href="/cdn-cgi/l/email-protection#185d5968687d745879757d6a717b776a686b367f776e"><span class="__cf_email__" data-cfemail="2f6a6e5f5f4a436f4e424a5d464c405d5f5c01484059">[email protected]</span></a>, (202) 967-5070.
SUPPLEMENTARY INFORMATION:
I. Overview of Proposed Rule (Sec. 2522.235)
[[Page 68846]]
II. Regulatory Analyses
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Paperwork Reduction Act
E. Executive Order 13132, Federalism
F. Takings (Executive Order 12630)
G. Civil Justice Reform (Executive Order 12988)
H. Consultation With Indian Tribes (Executive Order 13175)
I. Clarity of This Regulation
I. Overview of Proposed Rule (Sec. 2522.235)
AmeriCorps recently revised AmeriCorps State and National program
regulations to, among other changes, remove the four-term limit on
AmeriCorps State and National members' service. See 89 FR 46024 (May
28, 2024). That revision, which becomes effective October 1, 2024,
allows members to serve as many terms as necessary to earn the value of
two full-time education awards,\1\ regardless of whether those terms
are served on a full-time, part-time, or reduced part-time basis. To
align with the existing limit to education awards funded by AmeriCorps,
that final rule also clarified that AmeriCorps will fund benefits
(e.g., living allowance, financial benefits during an extended term of
disaster-related service, childcare, and health care) only up to the
number of terms needed to attain those education awards.
---------------------------------------------------------------------------
\1\ Separate regulations at 45 CFR 2525.50 limit participants to
receiving no more than the value of two full-time education awards.
---------------------------------------------------------------------------
Full-time, part-time, and reduced part-time terms of service have
different hour requirements and accordingly each take a different
number of terms to reach the aggregate value of the two full-time
education awards. See 45 CFR 2522.220. For example, a member serving a
full-time term of service earns the value of one education award with
each term of service, so full-time ASN members earn the aggregate value
of two full-time education awards in two terms (which equates to two
years for full-time members) A member serving a reduced part-time term
of service earns 39 percent of the value of one education award (see 45
CFR 2525.100(b)), so reduced part-time ASN members earn the aggregate
value of two full-time education awards in about five terms (which
equates to five or more years for reduced part-time members).
Since publication of the final rule, several members of the public
have contacted AmeriCorps to point out the negative effect this will
have on grantees for whom members typically serve four full-time terms.
With the prior four-term limit, those members could earn the aggregate
value of two full-time education awards in two years and continue
serving two more years to reach the four-term limit of receiving
AmeriCorps living allowance and benefits. Under the final rule, those
full-time members can no longer continue to serve (receiving AmeriCorps
living allowance and benefits) those two years beyond the initial two
years it took to earn the aggregate value of two full-time education
awards. The members of the public noted a particularly negative effect
on grantees in remote and rural locations who have a smaller pool of
individuals willing to serve. These grantees rely on the willingness of
their AmeriCorps members to serve full-time for four years.
Based on this input, AmeriCorps is proposing to add flexibility to
the rule so that grantees and members who rely on the current state of
being able to receive AmeriCorps funding for living allowances and
benefits for up to four terms would continue to be able to receive that
funding for four terms. The proposal also retains the final rule
provision that allows AmeriCorps funding for the number of terms it
takes to earn the aggregate value of two full-time education awards.
Thus, members who serve less than full-time will continue to be funded
for however many terms it takes to earn the aggregate value of two
education awards.
The proposed change, which appears at Sec. 2522.235, would provide
that AmeriCorps will fund living allowances and other benefits only for
the number of terms needed to attain the aggregate value of two full-
time education awards or for four terms, whichever term duration is
longer. Programs may continue to fund benefits from non-AmeriCorps
resources, if they choose, for members who serve beyond that time.
These term limits only apply to AmeriCorps State and National terms.
AmeriCorps is seeking comment on this proposal for a period of 30
days, which is shorter than the usual 60 days provided, because if this
rulemaking is finalized, it will relieve a burden and may take effect
on October 1, 2024, the same effective date as the other regulatory
changes that were finalized in the May 28, 2024, rule.
II. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Information and Regulatory Affairs in the
Office of Management and Budget has determined that this proposed rule
is not a significant regulatory action.
B. Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), AmeriCorps certifies that this rulemaking, if adopted, will
not have a significant economic impact on a substantial number of small
entities. Most AmeriCorps State and National grantees are State
Commissions and organizations that do not meet the definition of a
small entity. Therefore, AmeriCorps has not performed the initial
regulatory flexibility analysis that is required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to
have such results.
C. Unfunded Mandates Reform Act of 1995
For purposes of title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any Federal mandate that may result
in increased expenditures in Federal, State, local, or Tribal
Governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
D. Paperwork Reduction Act
Under the PRA, an agency may not conduct or sponsor a collection of
information unless the collections of information display valid control
numbers. This proposed rule does not include any information
collection.
E. Executive Order 13132, Federalism
Executive Order 13132, Federalism, prohibits an agency from
publishing any rule that has federalism implications if the rule
imposes substantial direct compliance costs on State and local
Governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This rulemaking does not have any
federalism implications, as described above.
[[Page 68847]]
F. Takings (Executive Order 12630)
This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630 because
this proposed rule does not affect individual property rights protected
by the Fifth Amendment or involve a compensable ``taking.'' A takings
implication assessment is not required.
G. Civil Justice Reform (Executive Order 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this rulemaking: (a) meets the criteria of
section 3(a) requiring that all regulations be reviewed to eliminate
errors and ambiguity and be written to minimize litigation; and (b)
meets the criteria of section 3(b)(2) requiring that all regulations be
written in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (Executive Order 13175)
AmeriCorps recognizes the inherent sovereignty of Indian tribes and
their right to self-governance. We have evaluated this rulemaking under
our consultation policy and the criteria in Executive Order 13175 and
determined that this proposed rule does not impose substantial direct
effects on federally recognized Tribes.
I. Clarity of This Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each proposed rule we publish must: (a) be
logically organized; (b) use the active voice to address readers
directly; (c) use clear language rather than jargon; (d) be divided
into short sections and sentences; and (e) use lists and tables
wherever possible. If you feel that we have not met these requirements,
please send us comments by one of the methods listed in the ADDRESSES
section. To help us revise the rule, your comments should be as
specific as possible.
List of Subjects in 45 CFR Part 2522
Grant programs--social programs, Reporting and recordkeeping
requirements, Volunteers.
For the reasons stated in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for National and Community Service
proposes to amend chapter XXV, title 45 of the Code of Federal
Regulations as follows:
PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
0
1. The authority for part 2522 continues to read as follows:
Authority: 42 U.S.C. 12571-12595; 12651b-12651d; E.O. 13331, 69
FR 9911, Sec. 1612, Pub. L. 111-13.
0
2. Revise Sec. 2522.235 to read as follows:
Sec. 2522.235 Is there a limit on the number of terms an individual
may serve in an AmeriCorps State and National program?
The number of terms an individual may serve in an AmeriCorps State
and National program is not limited, but the limitations in paragraphs
(a) and (b) of this section apply.
(a) An individual may attain only the aggregate value of two full-
time education awards.
(b) AmeriCorps will fund the benefits described in Sec. Sec.
2522.240 through 2522.250 only for the number of terms needed to attain
the aggregate value of two full-time education awards or for four
terms, whichever is longer. Grantees may choose to fund benefits for
any additional terms.
Andrea Grill,
Acting General Counsel.
[FR Doc. 2024-19349 Filed 8-27-24; 8:45 am]
BILLING CODE 6050-28-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 28, 2024.
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.