Rule2025-00984
AmeriCorps State and National Updates
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Published
January 17, 2025
Effective
January 17, 2025
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (operating as AmeriCorps) is revising regulations governing the number of terms for which AmeriCorps will fund living allowances and other benefits for AmeriCorps State and National members. Specifically, this rule increases the flexibility of the current rule by providing 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 full-time Segal Education Awards or four terms, whichever is longer.
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5721-5724]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00984]
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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: Final rule.
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SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) is revising regulations governing the number of terms
for which AmeriCorps will fund living allowances and other benefits for
AmeriCorps State and National members. Specifically, this rule
increases the flexibility of the current rule by providing 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 full-time Segal Education Awards or four terms,
whichever is longer.
DATES: This rule is effective January 17, 2025.
FOR FURTHER INFORMATION CONTACT: Jennifer Bastress Tahmasebi, Deputy
Director, AmeriCorps State and National, at
<a href="/cdn-cgi/l/email-protection#87cdc5e6f4f3f5e2f4f4d3e6efeae6f4e2e5eec7e6eae2f5eee4e8f5f7f4a9e0e8f1"><span class="__cf_email__" data-cfemail="216b63405255534452527540494c405244434861404c445348424e5351520f464e57">[email protected]</span></a>, (202) 606-6667; or Elizabeth Appel,
Associate General Counsel, at <a href="/cdn-cgi/l/email-protection#db9e9aababbeb79bbab6bea9b2b8b4a9aba8f5bcb4ad"><span class="__cf_email__" data-cfemail="bbfefacbcbded7fbdad6dec9d2d8d4c9cbc895dcd4cd">[email protected]</span></a>, (202) 967-5070.
SUPPLEMENTARY INFORMATION:
I. Background
II. Overview of Final Rule (Sec. 2522.235)
III. Response to Public Comments
A. Comments in Support of Proposed Rule
B. Comments in Opposition to Proposed Rule
C. Comments Requesting Changes to Proposed Rule
IV. Regulatory Analyses
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act (SBREFA)
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act
F. Executive Order 13132, Federalism
G. Takings (Executive Order 12630)
H. Civil Justice Reform (Executive Order 12988)
I. Consultation with Indian Tribes (Executive Order 13175)
I. Good Cause for Immediate Effective Date
I. Background
The National and Community Service Act of 1990, as amended, 42
U.S.C. 12501 et seq., aims to encourage United States citizens to
engage in national service and to expand education opportunity by
rewarding individuals who participate in national service with an
increased ability to pursue higher education. Specifically, the Act
establishes the National Service Trust and authorizes AmeriCorps to use
funds from that Trust to provide education awards to eligible
individuals who have fulfilled a term of service in an approved
national service position and meet other applicable requirements. The
Act also requires AmeriCorps State and National programs to provide
living allowances and certain other benefits to full-time national
service program participants. Notices of funding opportunity specify
that programs may to choose to provide living allowances with
AmeriCorps funding to members who serve less than full-time.
The ``term of service'' that members serve in AmeriCorps State and
National can be of different lengths, depending on the needs of the
program. Full-time service is defined as 1,700 hours of service during
a period of not more than one year. See 45 CFR 2522.220(a)(1). Part-
time service is defined as 900 hours of service during a period of not
more than two years. See 45 CFR 2522.220(a)(2). Reduced part-time terms
of service may include terms at a reduced number of hours for
categories of participants in certain approved AmeriCorps programs and
on a case-by-case basis. See 45 CFR 2522.220(a)(3). Summer program
terms are considered part-time programs and members serve less than
1,700 hours. See 45 CFR 2522.220(a)(4).
Under 45 CFR 2525.50, AmeriCorps State and National members can
earn up to the value of two full-time education awards. Because full-
time and less than full-time (e.g., part-time, reduced part-time,
summer) terms of service have different hour requirements, each takes a
different number of terms to reach the aggregate value of the two full-
time education awards. 45 CFR 2522.220; 2525.100.
During the period that AmeriCorps State and National members are
serving and earning Segal Education awards, AmeriCorps funds living
allowances and other member benefits (e.g., financial benefits during
an extended term of disaster-related service, childcare, health care).
The current regulation, which took effect October 1, 2024, allows
members to serve as many terms as necessary to earn the value of two
full-time education awards, regardless of whether those terms are
served on a full-time or less than full-time time basis. The prior
regulation allowed AmeriCorps funding to support members' living
allowances and benefits for up to four terms of service.
II. Overview of Final Rule
Overall, this final rule is intended to increase the flexibility of
AmeriCorps State and National regulations that removed the four-term
limit on AmeriCorps funding for AmeriCorps State and National members'
living allowances and other benefits. See 89 FR 46024 (May 28, 2024).
The final rule, which appears at 45 CFR 2522.235, retains the
current provision that allows AmeriCorps funding for living allowances
and other member benefits for the number of terms it takes to earn the
aggregate value of two full-time education awards and also reinstates
the former provision that allowed AmeriCorps funding for up to four
terms. Thus, living allowances and other benefits for members who serve
less than full time may continue to be funded for however many terms it
takes those members to earn the aggregate value of two education
awards, while living allowances and other benefits for members who have
earned the aggregate value of two full-time education awards in fewer
than four terms may continue to be funded up to four terms.
III. Response to Public Comments
AmeriCorps published a proposed rule on August 28, 2024, at 89 FR
68845 and received 46 public comments in response by the September 27,
2024, comment deadline. Summaries of the points raised in those
comments, and AmeriCorps' responses, are provided here. No changes to
the proposed regulatory text were made in response to these comments or
otherwise, as explained in the response to comments.
A. Comments in Support of Proposed Rule
Several commenters stated their general support for providing
AmeriCorps funding for members' living allowances and other benefits
for service in AmeriCorps State and National programs for either four
terms or as many terms needed to attain the aggregate value of two-full
time education awards, whichever is longer. The commenters highlighted
that the flexibility in term limits supports members, grantees, and the
communities served by, for example:
[[Page 5722]]
protecting members' opportunity to serve; offering the necessary
support for members to complete their service; supporting members'
personal and professional growth; enabling members to earn the
statutorily allotted two Segal Education awards; benefiting the grantee
organizations through members' institutional knowledge and providing
organizations with the ability to better determine recruitment and
funding needs; creating a value-added benefit for communities and
people served; and ensuring continuity of service in rural and remote
communities.
Other commenters specifically noted that allowing continued service
into third and fourth terms, after two education awards have been
attained, is beneficial. For example, one commenter described the
importance of her experience as a member who continued to serve a third
term of service after earning the aggregate value of two full-time
education awards and credited her third term of service as contributing
to her growth as a leader, allowing her to earn her teaching
certification, and changing the trajectory of her life. A commenter
speaking from the perspective of a grantee stated that third- and
fourth-year full-time members contribute institutional knowledge and
expertise to programs, a ``spirit of service,'' efficacy, and
continuity at service sites. Another commenter noted that consecutive
terms of service translate into professional development and leadership
opportunities for AmeriCorps members. Several commenters expressed the
importance of allowing up to four terms for programs in rural and
remote communities where members typically serve full-time and it can
be difficult to recruit members due to smaller applicant pools.
Some commenters emphasized their support for continuing to allow
members to serve beyond four terms until they have earned the value of
two full-time education awards. One commenter noted that some members
serve only during summers and require more than four terms to earn the
value of two full-time education awards. Another commenter stated that
the major issue their organization encountered was that members reached
the four-term limit (under the prior rule) before they earned the
maximum education award and that allowing them to continue to serve to
earn the education award addresses this issue.
Response: This final rule carries forward the proposal that allows
AmeriCorps funding to be used for living allowances and other benefits
for as long as it takes members to either earn the aggregate value of
two Segal Education Awards or four terms, whichever is longer.
AmeriCorps agrees that the flexibility provides the benefits noted by
the commenters above.
B. Comments in Opposition to the Proposed Rule
A few commenters expressed opposition to the rule in general.
Several expressed opposition to the regulation's imposition of any
limit on the use of AmeriCorps funding for member benefits. Some of
these commenters suggested that imposing a term limit on members'
service is an effort to fix an issue that does not exist. The
commenters stated that only a minute percentage of members serve for
third and fourth terms in AmeriCorps State and National programs, and
that assumptions that members will serve indefinitely, or that extended
terms prevent others from engaging in service, are unwarranted. These
commenters stated that any limit presents a barrier to service and
discourages service at different stages of life.
Response: AmeriCorps declines to remove all limits to the time
during which it will fund members' living allowances and other benefits
because such limits are necessary to safeguard taxpayer funds and
encourage and support members' transition to higher education or the
workforce.
One commenter opposed the four-term limit prong of the rule,
suggesting that the four-term timeframe is too long. They stated that
after their third and fourth years, members no longer actively gain new
skills and should instead transition from AmeriCorps into the
workforce.
Response: The final rule reinstates the four-term limit that
previously existed to account for situations described by other
commenters whereby members may want to continue serving after earning
the value of two education awards and the organization and community
benefit from their continued service.
Several commenters from AmeriCorps State and National sponsor/
grantee organizations criticized the Agency's statements that terms are
``unlimited'' as misleading because the organizations rely on the
AmeriCorps funding for members' living allowances and other benefits
and would have to absorb the living allowance and benefit costs for
members serving beyond the AmeriCorps-funded limit (when the member
earns the value of two full-time education awards or four terms,
whichever is longer) in order to truly allow for ``unlimited'' terms.
These commenters stated that the financial burden would lead to reduced
capacity of organizations--particularly in rural and remote areas--
fewer serving members, diminished community impacts, and programmatic
struggles to maintain ongoing efforts.
Response: AmeriCorps is not changing its approach to limiting
funding of living allowances and other benefits for members after a
certain point, it is only changing the point at which the limit
occurs--that is, when the member earns the value of two full-time
education awards or has served four terms, whichever is longer. The
final rule makes clear, as the proposed rule did, that programs may
choose to fund or not to fund additional member terms. Programs may
base their decisions on their financial capacity and the potential
effects cited by the commenters.
One commenter expressed criticism of the either/or nature of the
rule. The commenter highlighted the potential for members who struggle
to meet expectations and are engaged under an improvement plan to
continue to be eligible for continued terms and benefits.
Response: Organizations can hold AmeriCorps State and National
members to performance standards and may decline continued service by a
member who fails to meet their performance standards.
C. Comments Requesting Changes to the Proposed Rule
A handful of commenters suggested incorporating a waiver option
that allows programs to request an extension on the number of terms
supported by AmeriCorps. These commenters stated that some members,
such as individuals with disabilities or members serving in rural
communities where recruiting is difficult, may benefit from serving
beyond four full-time terms.
Response: The final rule does not include a waiver option but
AmeriCorps may consider incorporating one in the future.
Some commenters suggested that AmeriCorps State and National align
the member term limits to that of the Volunteers in Service to America
(VISTA) program. Commenters stated that the proposed term limit should
be increased to five years, equivalent to the current term limit of
VISTA members, to provide consistency across streams of service.
Response: The five-year term limit that applies to VISTA members
reflects that VISTA terms are by their nature full-time, such that each
term is roughly equivalent to a year. In contrast, AmeriCorps State and
National
[[Page 5723]]
members may serve summer, part-time, or reduced part-time terms in lieu
of full-time terms. Imposing a limit based on years rather than terms
would prevent members who serve less than full-time from earning the
maximum education award value.
Several commenters sought clarification on how term limits and
education award limits are tracked. Commenters noted that a program's
access to how many terms a member has served is only available once
that member's enrollment is pending, which creates a significant
recruitment burden, as few members know with precision how many terms
they have served.
Response: AmeriCorps will keep this tracking challenge in mind as
it develops its new online member system.
Similarly, a few commenters asked for clarification on whether
AmeriCorps will fund a member's entire term if they earn the maximum
education award mid-way through a term.
Response: If a member earns the maximum education award mid-way
through a term (and has already served four terms), AmeriCorps will
continue to fund the member's service through the completion of that
term.
One commenter requested clarification on how incomplete terms will
be considered in calculating a member's progress toward a term limit.
Response: AmeriCorps' online member management system tracks an
individual's number of terms.
One commenter proposed changing the four-term limitation to the
equivalent of four terms of full-time service. Among the reasons the
commenter provided for this suggestion were that it would clarify what
terms count toward the limit and ensure less-than-full-time members do
not ``term out'' before accessing the same opportunities and education
award value as full-time members.
Response: The commenter's suggestion is a novel approach. If
AmeriCorps considers adopting this suggestion in the future, it will do
so through a new proposed rulemaking.
Two commenters suggested that, in anticipation of Congressional
legislation that proposes an increase in the number of education awards
a member is eligible for, the regulatory language should be broadened
in an effort to provide flexibility. They suggested updating the
language from ``two full-time education awards'' to the ``statutorily
allowed maximum education awards.''
Response: The final rule retains the language specifying two full-
time education awards because that language reflects the current
statute. Should Congress change that statutorily allowed maximum,
AmeriCorps will undertake a separate rulemaking to update the
regulation to reflect that change.
IV. 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 rule is not a
significant regulatory action, and therefore is not subject to review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review.
B. Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), AmeriCorps certifies that this rule 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 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. Small Business Regulatory Enforcement Fairness Act (SBREFA)
The Office of Information and Regulatory Affairs in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804(2) because this rule: (1) does not have an annual
effect on the economy of $100 million or more; (2) will not cause a
major increase in costs or prices for consumers, individual industries,
federal, state, or local government agencies, or geographic regions;
and (3) does not have 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.
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 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 include any information collection.
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 (Executive Order 12630)
This 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.
H. Civil Justice Reform (Executive Order 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 (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
[[Page 5724]]
that this rule does not impose substantial direct effects on federally
recognized Tribes.
J. Good Cause for Immediate Effective Date
AmeriCorps has determined, pursuant to 5 U.S.C. 553(d)(3), that
good cause exists to make this rule effective upon publication, because
this rule relieves a restriction by increasing the amount of time
AmeriCorps will fund members' living allowances and other benefits
beyond the point when the member attains the value of two full-time
education awards, up to the point the member has served four terms, so
long as the member has not already served four terms by the time the
member attains the value of two full-time education awards. In other
words, the final rule increases flexibility by providing AmeriCorps
funding for the longer of the service time it takes a member to attain
the value of two full-time education awards or serve four terms. The
primary purpose of a delayed effective date is unnecessary for this
rule because there is no time needed to prepare to comply with, or take
other action to comply with, this rule. The four-term limit preexisted
the October 1, 2024, rule that replaced that limit with the amount of
time it takes a member to earn the value of two full-time education
awards, and this final rule reinstates that four-term limit when it
exceeds the time it takes a member to earn the value of two full-time
education awards.
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
amends chapter XXV, title 45 of the Code of Federal Regulations as
follows:
PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
0
1. The authority citation 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. 2025-00984 Filed 1-16-25; 8:45 am]
BILLING CODE 6050-28-P
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