80_FR_63656 80 FR 63454 - Volunteers in Service to America

80 FR 63454 - Volunteers in Service to America

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63454-63472
FR Document2015-25790

The Corporation for National and Community Service (CNCS) publishes new regulations under the Domestic Volunteer Service Act of 1973, as amended, and the National and Community Service Act of 1990, as amended, for the Volunteers in Service to America (VISTA) program, including certain changes to update existing regulations.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63454-63472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25790]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1206, 1210, 1211, 1216, 1217, 1218, 1220, 1222, 1226, 
and 2556

RIN 3045-AA36


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 (CNCS) 
publishes new regulations under the Domestic Volunteer Service Act of 
1973, as amended, and the National and Community Service Act of 1990, 
as amended, for the Volunteers in Service to America (VISTA) program, 
including certain changes to update existing regulations.

DATES: This rule is effective January 19, 2016.

FOR FURTHER INFORMATION CONTACT: Calvin Dawson, AmeriCorps VISTA, at 
the Corporation for National and Community Service, 1201 New York 
Avenue NW., Washington, DC 20525, phone 202-606-6897. The TDD/TTY 
number is 800-833-3722.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Economic Opportunity Act of 1964 created the Volunteers in 
Service to America (VISTA) program. The VISTA program, sometimes 
referred to as the domestic Peace Corps, has operated since the first 
VISTA volunteers (VISTAs or VISTA members) were placed in service in 
December 1964.
    In 1971, the VISTA program was transferred from the Office of 
Economic Opportunity to the former Federal agency, ACTION (the Federal 
Domestic Volunteer Agency). In 1973, Congress enacted the Domestic 
Volunteer Service Act of 1973 (DVSA), the VISTA program's enabling 
legislation. The VISTA program continues to retain its purpose, as 
stated in the DVSA, ``to strengthen and supplement efforts to eliminate 
and alleviate poverty and poverty-related problems in the United States 
by encouraging and enabling individuals from all walks of life, all 
geographical areas, and all age groups, including low-income 
individuals, elderly and retired Americans, to perform meaningful and 
constructive volunteer service in agencies, institutions, and 
situations where the application of human talent and dedication may 
assist in the solution of poverty and poverty-related problems and 
secure and exploit opportunities for self-advancement by individuals 
afflicted with such problems.''
    In 1994, the Corporation for National and Community Service (CNCS) 
was established pursuant to the National and Community Service Trust 
Act of 1993; at this time, the operations of all service programs 
previously administered by ACTION, including the VISTA program, began 
to be administered by CNCS. The VISTA program also became known as the 
AmeriCorps VISTA program, one of three AmeriCorps programs now 
administered by CNCS. The other two programs were, and continue to be: 
(1) The AmeriCorps State and National program; and (2) the AmeriCorps 
National Civilian Community Corps (NCCC). Since 1994, the VISTA program 
continues to be primarily operated and administered under the DVSA. The 
other two AmeriCorps programs are operated under the National and 
Community Service Act of 1990 (NCSA).
    In 2009, Congress enacted the Edward M. Kennedy Serve America Act 
of 2009 (Serve America Act), which contained certain amendments to both 
the DVSA and the NCSA. With regard to the VISTA program, the Serve 
America Act amendments largely related to the Segal AmeriCorps 
Education Award, a type of end-of-service award for which a VISTA 
member may be eligible upon successful completion of a term of VISTA 
service.

II. Scope of Final Rule

    This rule covers core aspects of the VISTA program: (a) Entities 
that are sponsors for VISTA projects; and (b) individuals who are 
applicants, candidates, and VISTAs (including VISTA leaders and VISTA 
summer associates), serving at project sites. This rule has four 
purposes.
    First, it conforms the existing regulations to the fact that CNCS 
administers the VISTA program. References in the existing regulations 
to the former Federal agency, ACTION, and the administrative structure 
of ACTION are changed to reflect CNCS and its administrative structure.
    Second, this rule codifies the VISTA rules in the same location as 
the rules for CNCS's other programs. The existing VISTA regulations are 
codified at 45 CFR parts 1206, 1210, 1211, 1216-1220, 1222, and 1226. 
This rule places the VISTA regulations within the regulations for CNCS 
and the other CNCS programs at 45 CFR parts 2505-2556.
    On a related note, existing program regulations at 45 CFR parts 
1206, 1216,

[[Page 63455]]

1220, and 1226, currently apply both to the VISTA program, and to 
CNCS's National Senior Service Corps programs. This rule places 
existing program regulations, as they apply to the VISTA program, at 45 
CFR parts 2505-2556. Existing program regulations as they apply to the 
National Senior Service Corps programs will remain, at this time, at 45 
CFR parts 1206, 1216, 1220, and 1226. To accommodate the relocation of 
the existing program regulations as applied to the VISTA program, 
certain technical changes to the existing program regulations, as 
applied to the National Senior Service Corps programs, are warranted. 
These technical changes are not substantive, but are necessary to 
address the removal of references to the VISTA program and to reflect 
CNCS and its current administrative structure.
    Third, this rule addresses regulations on the VISTA program's 
elements. The existing regulations cover a limited range of topics. 
This rule covers a wide range of topics, and updates the topics covered 
under existing regulations, including: VISTA application and 
termination processes, volunteer grievance procedures, competitive 
service eligibility, payment of volunteer legal expenses, 
nondisplacement of workers, VISTA leaders and summer associates, 
restrictions for VISTAs on certain political activities under the Hatch 
Act and other federal laws, and participation of program beneficiaries. 
Subpart A gives general program information: Purpose, basic program 
design, definitions used in the rule, and waiver. Subpart B sets out 
requirements for a VISTA sponsor, and for a sponsor to support a VISTA. 
Subpart C pertains to being a VISTA, and the requirements for applying 
to become a VISTA. Subpart D provides the service terms, protections, 
and benefits that apply to a VISTA. Subpart E addresses termination for 
cause procedures. Subparts F and G, concern, respectively, VISTA 
projects with summer associates, and VISTA projects with VISTA leaders. 
Subpart H gives restrictions and prohibitions on certain political 
activities for all VISTAs, sponsors, and project sites.
    Fourth, this rule updates the provisions of the existing 
regulations. These changes are described here:
    As it applies to the VISTA program, 45 CFR part 1206, which deals 
with project suspension and termination, is moved to 45 CFR part 2556, 
subpart B with most substantive provisions remaining unchanged. Under 
this final rule, the provisions for suspension remain unchanged, except 
that the provisions for summary suspension are eliminated and the 
provisions for suspension on notice are retained. This has the effect 
of giving notice to sponsors for all suspensions. Under the final rule 
the provisions for termination remain unchanged, except that a second 
CNCS review has been eliminated. Experience has shown that a lengthy 
termination review process is not beneficial to VISTAs at the project 
in question, unduly consumes the sponsor's staff time and other 
resources, creates uncertainty for project beneficiaries, and exhausts 
VISTA resources that could be put to use for the benefit of project 
beneficiaries.
    The regulations at 45 CFR part 1210, which deal chiefly with early 
termination of a VISTA, are moved to 45 CFR part 2556, subpart E and 
changed to improve the cost-effectiveness of the provisions and 
increase efficiency of VISTA program functions. The new provisions for 
early termination remain substantively the same in many respects. 
However, the early termination for cause process is modified. While the 
process retains more than sufficient due process in the form of written 
notification and appeals at two levels, the inclusion of a hearing 
examiner in that process is removed. Experience has shown that a multi-
layered termination process is protracted, unduly burdensome, and 
incompatible with a service term that can last no more than a year's 
time. Such a process creates potential harm to the operations of the 
project and its beneficiaries where the VISTA had been assigned, 
prolongs uncertainty for the VISTA subject to the process, and 
inordinately consumes VISTA program resources that could be put to use 
for the benefit of project beneficiaries.
    Regulations in 45 CFR part 1211 on grievance procedures for VISTAs 
are moved to 45 CFR 2556.345-2556.365 and updated to reflect the use of 
electronic communication technology and the speed at which it can 
operate. At Sec. Sec.  2556.345 through 2556.365, the rule clarifies 
when a VISTA may present a grievance, what matters are considered 
grievances, and specific steps for bringing a grievance and appealing a 
response, while eliminating the inclusion of a grievance examiner in 
the process. Longstanding experience has shown that CNCS has used its 
administrative review and oversight to afford complaining parties more 
than sufficient due process, and has effectively remedied inappropriate 
conditions leading to grievances, without need of grievance examiner 
services. When grievance examiner services have been invoked, the time, 
resources and expense incurred by the VISTA program have substantially 
outweighed the value provided to the parties involved.
    Regulations at 45 CFR part 1216 on non-displacement of employed 
workers and non-impairment of contracts for service are moved to 45 CFR 
2556.150(b) through (e), and the substantive provisions remain 
unchanged.
    Regulations at 45 CFR part 1217 on leaders are moved to 45 CFR part 
2556, subpart G, and clarify primary aspects of the leader position in 
a project.
    Regulations at 45 CFR part 1219 on non-competitive eligibility for 
VISTAs are moved to 45 CFR 2556.340, and their substantive provisions 
remain unchanged.
    Regulations at 45 CFR part 1220 on payment of legal expenses 
resulting from service activities are moved to 45 CFR 2556.325 through 
2556.335, and their substantive provisions remain unchanged.
    Regulations at 45 CFR part 1222 on participation of project 
beneficiaries are moved to 45 CFR 2556.120, and their substantive 
provisions remain unchanged.
    Regulations at 45 CFR part 1226 on prohibitions and restrictions on 
certain political activities are moved to 45 CFR part 2556, subpart H 
and are revised to complement the current limitations and permitted 
political activities under the Hatch Act, 5 U.S.C. chapter 73, 
subchapter III. As provided in the DVSA, VISTAs are subject to the 
requirements of the Hatch Act because they are considered federal 
employees for purposes of the Hatch Act, 42 U.S.C. 5055(b)(1).

III. Comments and Responses

    On Tuesday, May 5, 2015, CNCS published a notice of proposed 
rulemaking. 80 FR 25637. We received fewer than 25 comments on the 
rule, all of which are addressed below.
    We received comments from individuals currently serving as VISTAs, 
current and former VISTA leaders, staff of VISTA sponsors, a state non-
profit association and State Commissions on National and Community 
Service. We appreciate the thoughtful input provided by these 
individuals and organizations.
    Comment: We received comments about our proposal to expand the 
eligibility to be a VISTA leader to include those who have had prior 
Peace Corps experience, or have had prior national service experience 
in AmeriCorps, regardless of whether the prior experience was through 
the AmeriCorps VISTA program or another AmeriCorps program.

[[Page 63456]]

    Response: We appreciate the support commenters expressed for the 
expansion of eligibility criteria to be a VISTA leader. While two 
commenters thought that the expansion did not adequately recognize the 
value of the VISTA experience, the majority of commenters articulated 
support for the expansion that mirrored our reasons for proposing it: 
Better recruitment opportunities for programs; a wider pool of 
excellent prospective candidates; and recognition and leveraging of the 
leadership skills earned through other national service programs. 
Moreover, in our view, expanding the scope of individuals who may be 
eligible does not in any way diminish the value placed on the VISTA 
experience in particular.
    Comment: We received several comments on VISTA health care coverage 
and requests to change the health care coverage options offered to 
VISTAs serving in the program.
    Response: The health care options available to AmeriCorps VISTA 
members are outlined at http://www.vistacampus.gov/resources/vista-healthcare-options. The proposed rule did not propose any changes to 
VISTA health care coverage and doing so is beyond the scope of this 
rulemaking.
    Comment: We received two comments regarding the Segal AmeriCorps 
Education Award (Education Award) that suggested changes to the 
statutory requirements placed on VISTAs regarding their use of the 
Education Award, namely transferability and use of the Education Award 
at VA-eligible institutions.
    Response: We appreciate the commenters identifying how the 
Education Award would be more useful to VISTAs. In accordance with 
current legislation, individuals who successfully serve in the 
AmeriCorps State and National program may transfer their Education 
Awards to certain third party individuals as long as those individuals 
meet certain statutory conditions. However, VISTAs who receive 
Education Awards are unable to transfer them to anyone else. Until the 
legislation changes, we are bound by the statutory requirements on the 
use of the Education Award by VISTAs. Similarly, until the legislation 
changes, we are restricted from expanding the use of the Education 
Award by non-veterans to study at VA-eligible educational institutions.
    Accordingly, we have made only technical edits to the proposed rule 
for clarity in the use of the terms ``sponsor,'' ``project,'' and 
``subrecipient.'' Additionally, we clarified the applicability of 
sections 2556.125 and 2556.130.

IV. Effective Date

    This rule is effective January 19, 2016.

V. Regulatory Procedures

Executive Order 12866

    CNCS has determined that the rule is not an ``economically 
significant'' rule within the meaning of E.O. 12866 because it is not 
likely to result in: (1) An annual effect on the economy of $100 
million or more, or an adverse and material effect on a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal government or communities; 
(2) the creation of a serious inconsistency or interference with an 
action taken or planned by another agency; (3) a material alteration in 
the budgetary impacts of entitlement, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
the raising of novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
E.O. 12866.

Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605 
(b)), CNCS certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. This 
regulatory action 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. 
Therefore, CNCS has not performed the initial regulatory flexibility 
analysis that is required under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) for major rules that are expected to have such 
results.

Unfunded Mandates

    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.

Paperwork Reduction Act

    This rule addresses the requirement that entities that wish to 
apply to be VISTA sponsors complete an application to be a VISTA 
sponsor that manages at least one VISTA project. Consistent with this 
requirement is a document: The VISTA program's Project Application 
(http://www.nationalservice.gov/programs/americorps/americorps-vista/sponsor-vista-project). Additionally this rule addresses the 
requirement that individuals who wish to apply to serve as VISTAs in 
the federal VISTA program complete an application to serve as a VISTA. 
This document is called an AmeriCorps Member Application and can be 
found online at http://www.nationalservice.gov/programs/americorps/americorps-vista.
    These requirements constitute two sets of information under the 
Paperwork Reduction Act (PRA), 44 U.S.C. 507 et seq. OMB, in accordance 
with the Paperwork Reduction Act, has previously approved these 
information collections for use. The OMB Control Number for the two 
collections of the Project Application and AmeriCorps Application are 
3045-0038 and 3045-0054, respectively.
    Under the PRA, an agency may not conduct or sponsor a collection of 
information unless the collections of information displays valid 
control numbers. This rule's collections of information are contained 
in 45 CFR 2556.120 and 2556.205 for the Project Application and 
AmeriCorps Application, respectively.
    This information is necessary to ensure that only eligible and 
qualified entities serve as VISTA sponsors. This information is also 
necessary to ensure that only eligible and suitable individuals are 
approved by the VISTA program to serve as VISTAs in the VISTA program.
    The likely respondents to these collections of information are 
entities interested in or seeking to become VISTA sponsors, current 
VISTA sponsors, and current and prospective VISTAs.

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. The rule does not have any 
Federalism implications, as described above.

[[Page 63457]]

List of Subjects

45 CFR Parts 1206, 1210, 1211, 1216 Through 1218, 1220, and 1222

    Volunteers.

45 CFR Part 1226

    Elections, Lobbying, Volunteers.

45 CFR Part 2556

    VISTA program, Volunteers.

    For the reasons discussed in the preamble, under the authority of 
42 U.S.C. 12651c(c), the Corporation for National and Community Service 
amends chapters XII and XXV, title 45 of the Code of Federal 
Regulations as follows:

PART 1206--GRANTS AND CONTRACTS--SUSPENSION AND TERMINATION AND 
DENIAL OF APPLICATION FOR REFUNDING

0
1. The authority citation for part 1206 continues to read as follows:

    Authority: 42 U.S.C. 5052.


0
2. In Sec.  1206.1-1, revise paragraph (a) to read as follows:


Sec.  1206.1-1  Purpose and scope.

    (a) This subpart establishes rules and review procedures for the 
suspension and termination of assistance of National Senior Service 
Corps grants of assistance provided by the Corporation for National and 
Community Service pursuant to sections of title II of the Domestic 
Volunteer Service Act of 1973, Public Law 93-113, 87 Stat. 413 
(hereinafter the DVSA) because a recipient failed to materially comply 
with the terms and conditions of any grant or contract providing 
assistance under these sections of the DVSA, including applicable laws, 
regulations, issued program guidelines, instructions, grant conditions 
or approved work programs.
* * * * *

0
3. Revise Sec.  1206.1-2 to read as follows:


Sec.  1206.1-2  Application of this part.

    This subpart applies to programs authorized under title II of the 
DVSA.

0
4. In Sec.  1206.1-3, revise paragraphs (c) through (f) to read as 
follows:


Sec.  1206.1-3  Definitions.

* * * * *
    (c) The term responsible Corporation official means the CEO, Chief 
Financial Officer, the Director of the National Senior Service Corps 
programs, the appropriate Service Center Director and any Corporation 
for National and Community Service (CNCS) Headquarters or State office 
official who is authorized to make the grant or assistance in question. 
In addition to the foregoing officials, in the case of the suspension 
proceedings described in Sec.  1206.1-4, the term ``responsible 
Corporation official'' shall also include a designee of a CNCS official 
who is authorized to make the grant of assistance in question.
    (d) The term assistance means assistance under title II of the DVSA 
in the form of grants or contracts involving Federal funds for the 
administration for which the Director of the National Senior Service 
Corps programs has responsibility.
    (e) The term recipient means a public or private agency, 
institution or organization or a State or other political jurisdiction 
which has received assistance under title II of the DVSA. The term 
``recipient'' does not include individuals who ultimately receive 
benefits under any DVSA program of assistance or National Senior 
Service Corps volunteers participating in any program.
    (f) The term agency means a public or private agency, institution, 
or organization or a State or other political jurisdiction with which 
the recipient has entered into an arrangement, contract or agreement to 
assist in its carrying out the development, conduct and administration 
of part of a project or program assisted under title II of the DVSA.
* * * * *

0
5. Revise Sec.  1206.2-1 to read as follows:


Sec.  1206.2-1  Applicability of this subpart.

    This subpart applies to grantees and contractors receiving 
financial assistance under title II of the DVSA. The procedures in the 
subpart do not apply to review of applications for sponsors who receive 
VISTA members under the DVSA.

0
6. Revise Sec.  1206.2-3 to read as follows:


Sec.  1206.2-3  Definitions.

    As used in this subpart, ``Corporation'', ``CEO'', and 
``recipient'' are defined in accordance with Sec.  1206.1-3.
    Financial assistance and assistance include the services of 
National Senior Service Corps volunteers supported in whole or in part 
with CNCS funds under the DVSA.
    Program account includes assistance provided by CNCS to support a 
particular program activity; for example, Foster Grandparent Program, 
Senior Companion Program and Retired Senior Volunteer Program.
    Refunding includes renewal of an application for the assignment of 
National Senior Service Corps volunteers.

0
7. In Sec.  1206.2-4, revise paragraph (g) to read as follows:


Sec.  1206.2-4  Procedures.

* * * * *
    (g) If the recipient's budget period expires prior to the final 
decision by the deciding official, the recipient's authority to 
continue program operations shall be extended until such decision is 
made and communicated to the recipient. If a National Senior Service 
Corps volunteer's term of service expires after receipt by a sponsor of 
a tentative decision not to refund a project, the period of service of 
the volunteer may be similarly extended. No volunteers may be 
reenrolled for a period of service while a tentative decision not to 
refund is pending. If program operations are so extended, CNCS and the 
recipient shall provide, subject to the availability of funds, 
operating funds at the same levels as in the previous budget period to 
continue program operations.

PART 1210--[REMOVED AND RESERVED]

0
8. Remove and reserve part 1210.

PART 1211--[REMOVED AND RESERVED]

0
9. Remove and reserve part 1211.

PART 1216--NONDISPLACEMENT OF EMPLOYED WORKERS AND NONIMPAIRMENT OF 
CONTRACTS FOR SERVICE

0
10. The authority citation for part 1216 is revised to read as follows:

    Authority: 42 U.S.C. 5044(a).


0
11. Revise Sec.  1216.1-1 to read as follows:


Sec.  1216.1-1  Purpose.

    This part establishes rules to assure that the services of 
volunteers in the Foster Grandparent Program, the Senior Companion 
Program, and The Retired and Senior Volunteer Program (RSVP), are 
limited to activities which would not otherwise be performed by 
employed workers and which will not supplant the hiring of, or result 
in the displacement of employed workers or impair existing contracts 
for service. This part implements section 404(a) of the Domestic 
Volunteer Service Act of 1973, Public Law 93-113 (the ``Act'').

0
12. In Sec.  1216.1-2, revise paragraph (a) to read as follows:

[[Page 63458]]

Sec.  1216.1-2  Applicability of this part.

    (a) All volunteers in either the Foster Grandparent Program, the 
Senior Companion Program, or The Retired and Senior Volunteer Program 
(RSVP), who are assigned, referred or serving pursuant to grants, 
contracts, or agreements made pursuant to the Act.
* * * * *

PART 1217--[REMOVED AND RESERVED]

0
13. Remove and reserve part 1217.

PART 1218--[REMOVED AND RESERVED]

0
14. Remove and reserve part 1218.

PART 1219--[REMOVED AND RESERVED]

0
15. Remove and reserve part 1219.

PART 1220--PAYMENT OF VOLUNTEER LEGAL EXPENSES

0
16. The authority citation for part 1220 is revised to read as follows:

    Authority: 42 U.S.C. 5059.


0
17. Revise Sec.  1220.1-1 to read as follows:


Sec.  1220.1-1  Purpose.

    This part implements section 419 of the Domestic Volunteer Service 
Act of 1973, Public Law 93-113 (the ``Act''). This part provides rules 
to ensure that the Corporation for National and Community Service, 
which administers the three federal programs, the Foster Grandparent 
Program (FGP), the Senior Companion Program (SCP), and The Retired and 
Senior Volunteer Program (RSVP), pays the expenses incurred in judicial 
and administrative proceedings for the defense of those volunteers 
serving in those programs. Payment of such expenses by CNCS for those 
volunteers include payment of counsel fees, court costs, bail or other 
expenses incidental to the volunteer's defense.

0
18. In Sec.  1220.2-1, revise paragraphs (a)(1) and (c) to read as 
follows:


Sec.  1220.2-1  Full-time volunteers.

    (a)(1) The Corporation for National and Community Service will pay 
all reasonable expenses for defense of full-time volunteers up to and 
including the arraignment of Federal, state, and local criminal 
proceedings, except in cases where it is clear that the charged offense 
results from conduct which is not related to his service as a 
volunteer.
* * * * *
    (c) Notwithstanding the foregoing, there may be situations in which 
the criminal proceeding results from a situation which could give rise 
to a civil claim under the Federal Tort Claims Act. In such situations, 
the Justice Department may agree to defend the volunteer. In those 
cases, unless there is a conflict between the volunteer's interest and 
that of the government, the Corporation for National and Community 
Service will not pay for additional private representation for the 
volunteer.

0
19. In Sec.  1220.2-2, revise paragraph (a) introductory text, (a)(2), 
and (b) to read as follows:


Sec.  1220.2-2  Part-time volunteers.

    (a) With respect to a part-time volunteer, the Corporation for 
National and Community Service will reimburse a sponsor for the 
reasonable expense it incurs for the defense of the volunteer in 
Federal, state and local criminal proceedings, including arraignment, 
only under the following circumstances:
* * * * *
    (2) The volunteer receives, or is eligible to receive, 
compensation, including allowances, stipend, or reimbursement for out-
of-pocket expenses, under a Corporation for National and Community 
Service grant project; and
* * * * *
    (b) In certain circumstances volunteers who are ineligible for 
reimbursement of legal expenses by the Corporation for National and 
Community Service may be eligible for representation under the Criminal 
Justice Act (18 U.S.C. 3006A).

0
20. In Sec.  1220.2-3, revise paragraphs (a), (b), and (d) to read as 
follows:


Sec.  1220.2-3  Procedure.

    (a) Immediately upon the arrest of any volunteer under 
circumstances in which the payment or bail to prevent incarceration or 
other serious consequences to the volunteer or the retention of an 
attorney prior to arraignment is necessary and is covered under Sec.  
1220.2-1 or Sec.  1220.2-2, sponsors shall immediately notify the 
appropriate Corporation for National and Community Service state office 
or if the state office cannot be reached, the appropriate Area Manager.
    (b) Immediately after notification of the appropriate state office, 
and with the approval thereof, the sponsor shall advance up to $500 for 
the payment of bail or such other legal expenses as are necessary prior 
to arraignment to prevent the volunteer from being incarcerated. In the 
event it is subsequently determined that the Corporation for National 
and Community Service or a sponsor is not responsible under this policy 
for the volunteer's defense, any such advance may be recovered directly 
from the volunteer or from allowances, stipends, or out-of-pocket 
expenses which are payable or become payable to the volunteer. In the 
case of a grassroots sponsor of full-time volunteers that is not able 
to provide the $500, the Corporation for National and Community Service 
state office or Area Manager shall immediately make such sum available 
to the sponsor.
* * * * *
    (d) The General Counsel shall, upon notification by the state 
office or Area Manager, determine the extent to which the Corporation 
for National and Community Service will provide funds for the 
volunteer's defense or reimburse a sponsor for funds it spends on the 
volunteer's behalf. Included in this responsibility shall be the 
negotiation of fees and approval of other costs and expenses. State 
offices and Area Managers are not authorized to commit the Corporation 
for National and Community Service to the payment of volunteers' legal 
expenses or to reimburse a sponsor except as provided in this section, 
without the express consent of the General Counsel. Additionally, the 
General Counsel shall, in cases arising directly out of the performance 
of authorized project activities, ascertain whether the services of the 
United States Attorney can be made available to the volunteer.
* * * * *

0
21. In Sec.  1220.3-1, revise the introductory text and paragraph (a) 
to read as follows:


Sec.  1220.3-1  Full-time volunteers.

    The Corporation for National and Community Service will pay 
reasonable expenses incurred in the defense of full-time volunteers in 
Federal, state, and local civil judicial and administrative proceedings 
where:
    (a) The complaint or charge against the volunteer is directly 
related to his volunteer service and not to his personal activities or 
obligations.
* * * * *

0
22. Revise Sec.  1220.3-2 as follows:


Sec.  1220.3-2  Part-time volunteers.

    The Corporation for National and Community Service will reimburse 
sponsors for the reasonable expenses incidental to the defense of part-
time volunteers in Federal, state, and local civil judicial and 
administrative proceedings where:

[[Page 63459]]

    (a) The proceeding arises directly out of the volunteer's 
performance of activities pursuant to the Act;
    (b) The volunteer receives or is eligible to receive compensation, 
including allowances, stipend, or reimbursement for out-of-pocket 
expenses under the Corporation for National and Community Service 
grant; and
    (c) The conditions specified in Sec.  1220.3-1(b) and (c) are met.

0
23. Revise Sec.  1220.3-3 as follows:


Sec.  1220.3-3  Procedure.

    Immediately upon the receipt by a volunteer of any court papers or 
administrative orders making a party to any proceeding covered under 
Sec.  1220.3-1 or Sec.  1220.3-2, the volunteer shall immediately 
notify his sponsor who in turn shall notify the appropriate Corporation 
for National and Community Service state office. The procedures 
referred to in Sec.  1220.2-3(c) through (e) shall thereafter be 
followed as appropriate.

PART 1222--[REMOVED AND RESERVED]

0
24. Remove and reserve part 1222.

PART 1226--PROHIBITIONS ON ELECTORAL AND LOBBYING ACTIVITIES

0
25. The authority citation for part 1226 is revised to read as follows:

    Authority: 42 U.S.C. 5043.


0
26. Revise Sec.  1226.1 to read as follows:


Sec.  1226.1  Purpose.

    This part implements sections 403(a) and (b) of the Domestic 
Volunteer Service Act of 1973, Public Law 93-113, as amended, 
hereinafter referred to as the Act, pertaining to the prohibited use of 
Federal funds or involvement by certain Corporation for National and 
Community Service programs and volunteers in electoral and lobbying 
activities. This part implements those provisions of the Act, as they 
apply to agency programs and volunteers authorized under title II of 
the Act.

0
27. Revise Sec.  1226.2 to read as follows:


Sec.  1226.2  Scope.

    This part applies to all volunteers serving in a program authorized 
by title II of the Act, including the Foster Grandparent Program, the 
Senior Companion Program, and The Retired and Senior Volunteer Program 
(RSVP). This part also applies to employees or sponsoring 
organizations, whose salaries, or other compensation, are paid, in 
whole or in part, with agency funds.

0
28. In Sec.  1226.7, revise the introductory text and paragraph (a) to 
read as follows:


Sec.  1226.7  Scope.

    The provisions in this subpart are applicable to full time 
volunteers as described in Sec.  1226.3(c), and to such part-time 
volunteers as may be otherwise specified herein. Full time volunteers 
are deemed to be acting in their capacity as volunteers:
    (a) When they are actually engaged in their volunteer assignments; 
or
* * * * *


Sec. Sec.  1226.10 and 1226.11  [Removed]

0
29. Remove Sec. Sec.  1226.10 and 1226.11.


Sec. Sec.  1226.12 and 1226.13  [Redesignated as Sec. Sec.  1226.10 and 
1226.11]

0
30. Redesignate Sec. Sec.  1226.12 and 1226.13 as Sec. Sec.  1226.10 
and 1226.11, respectively, and assign them to subpart D.

0
31. Revise newly redesignated Sec.  1226.10 to read as follows:


Sec.  1226.10  Sponsor employees.

    Sponsor employees whose salaries or other compensation are paid, in 
whole or in part, with agency funds are subject to the restrictions 
described in Sec.  1226.8 and the exceptions in Sec.  1226.9:
    (a) Whenever they are engaged in an activity which is supported by 
Corporation for National and Community Service funds; or
    (b) Whenever they identify themselves as acting in their capacity 
as an official of a project which receives Corporation for National and 
Community Service funds, or could reasonably be perceived by others as 
acting in such capacity.

0
32. Add 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 CNCS 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 CNCS suspend a VISTA 
project?
2556.140 What is termination and when may CNCS terminate a VISTA 
project?
2556.145 May CNCS 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 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?
Subpart C--VISTA Members
2556.200 Who may apply to 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 the lines of supervision or oversight of a VISTA, 
a VISTA sponsor, and CNCS 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?
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?

[[Page 63460]]

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 CNCS 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 his or her 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 subject to 
who campaign for a spouse or family member?
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 or 
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?

Subpart A--General Information

    Authority: 42 U.S.C. 4951-4953; 5 CFR part 734.


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 as a VISTA.
    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 CNCS, but who has been not been approved by 
CNCS to be a candidate.
    Application for VISTA service means the materials prescribed by 
CNCS to ascertain information on an individual's eligibility and 
suitability for VISTA service.
    Area Manager means a CNCS official who is head of a designated, 
regional set, or cluster of CNCS State Offices, or equivalent CNCS 
official.
    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 CNCS, 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 CNCS 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.
    CNCS 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. CNCS is also 
sometimes referred to as ``the Corporation.''
    Education award or Segal AmeriCorps Education Award means an end-
of-service monetary benefit from CNCS's 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

[[Page 63461]]

when the Oath to serve in the VISTA program is taken by the candidate 
and ends upon termination from a term of service in the VISTA program. 
The enrollment period may commence 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 CNCS 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 is to be nominated 
or elected as representing a political party any of whose 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.
    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 CNCS to operate, oversee, and be responsible 
for a VISTA project.
    Project application or VISTA project application means the 
application materials prescribed by CNCS to ascertain information on 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 the management of the VISTA project.
    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.
    State Program Director means a CNCS official who reports to an Area 
Manager or equivalent CNCS official, and who is the head of a CNCS 
State Office.
    Stipend or end-of-service stipend means an end-of-service lump-sum 
monetary benefit from CNCS 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 the 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 member, a VISTA, or the VISTA means an individual enrolled 
full-time for VISTA service 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.


Sec.  2556.7  Are waivers of the regulations in this part allowed?

    Upon a determination of good cause, the Chief Executive Officer of 
CNCS may, subject to statutory limitations, waive any provisions of 
this part.

Subpart B--VISTA Sponsors

    Authority: 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); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 2156.


Sec.  2556.100  Which entities are eligible to apply to become VISTA 
sponsors?

    The following 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 organization.
    (b) Public nonprofit organization.
    (c) State government or state government agency.
    (d) Local government or local government agency.
    (e) Tribal government or tribal government agency.


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 
the 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

[[Page 63462]]

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 shall be 
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 CNCS 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 CNCS 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 CNCS.
    (e) A sponsor may receive training and technical assistance related 
to carrying out 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, work space, 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 shall participate in 
planning, developing, and implementing programs.
    (b) The sponsor shall 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 CNCS deny or reduce VISTA assistance to an existing 
VISTA project?

    (a) CNCS 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 CNCS resources;
    (5) Substantial failure to comply with CNCS 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, CNCS shall not be 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) CNCS shall notify the sponsor in writing, at least 75 calendar 
days before the anticipated denial or reduction of VISTA assistance, 
that CNCS proposes to deny or reduce VISTA assistance. CNCS's written 
notice shall state the reasons for the decision to deny or reduce 
assistance and shall provide an opportunity period for the sponsor to 
respond to the merits of the proposed decision. CNCS retains sole 
authority to make the final determination whether the VISTA assistance 
at issue shall be denied or reduced, as appropriate.
    (b) Where CNCS's 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 shall 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 shall be limited to 
conducting the hearing and offering recommendations to CNCS. Regardless 
of whether or not an informal hearing takes place, CNCS shall retain 
full authority to make the final determination 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 shall be held at a 
date specified by CNCS and held at a location convenient to the 
sponsor.
    (d) If CNCS's proposed decision is based on ineffective management 
of resources, or on the substantial failure to comply with CNCS policy 
and overall objectives under a contract, grant agreement, or an 
applicable Memorandum of Agreement, CNCS shall 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. CNCS 
shall retain full authority to make the final determination whether the 
VISTA assistance at issue shall be denied or reduced, as appropriate.
    (e) The recipient shall be informed of CNCS's final determination 
on whether the VISTA assistance at issue shall be 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 CNCS suspend a VISTA 
project?

    (a) Suspension is any action by CNCS temporarily suspending or 
curtailing 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, CNCS 
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 shall be pursuant 
to notice and opportunity to show cause why assistance should not be 
suspended.
    (c) To initiate suspension proceedings, CNCS shall notify the 
sponsor in writing that CNCS is suspending assistance in whole or in 
part. The written notice shall contain the following:
    (1) The grounds for the suspension and the effective date of the 
commencement of the suspension;
    (2) The sponsor's right to submit written material in response to 
the suspension to show why the VISTA

[[Page 63463]]

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 CNCS's notice of suspension.
    (d) In deciding whether to continue or lift the suspension, as 
appropriate, CNCS shall 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, shall be made by the sponsor's VISTA 
project at issue and no new obligations shall be incurred in connection 
with the VISTA project at issue except as specifically authorized in 
writing by CNCS.
    (f) CNCS may, in 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 CNCS terminate a VISTA 
project?

    (a) Termination means any action by CNCS permanently terminating or 
curtailing assistance to all or any part of a sponsor's VISTA project 
prior to the time that the project term is concluded.
    (b) CNCS 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, CNCS shall notify the 
sponsor in writing that CNCS is proposing to terminate assistance in 
whole or in part. The written notice shall 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 of issuance of the notice, to respond in 
writing to the merits of the proposed termination and instructions 
regarding the sponsor's 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 CNCS's notice of 
proposed termination.
    (d) In deciding whether to effect termination of VISTA assistance, 
CNCS shall consider any relevant, timely material presented in writing; 
any relevant material presented during the course of any full and fair 
hearing; as well as, 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, CNCS shall retain all authority to make the final determination 
as to whether the termination of VISTA assistance is appropriate.
    (f) The sponsor shall be informed of CNCS's final determination on 
the proposed termination of VISTA assistance, and the basis or bases 
for the determination.
    (g) CNCS may, in 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 CNCS 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 shall not preclude CNCS 
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 shall 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.
    (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 CNCS 
regarding the VISTA program.
    (d) A sponsor shall not request or receive any compensation from a 
subrecipient for services performed by a VISTA.
    (e) A sponsor shall 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 shall enter into a written agreement for cost share 
as prescribed by CNCS.
    (b) A sponsor shall make timely cost share payments as prescribed 
by CNCS and applicable federal law and regulations.

[[Page 63464]]

    (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 CNCS, CNCS may enter into an 
agreement with another entity to receive and utilize 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 shall 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 CNCS assistance must not discriminate against a 
participant in, or member of the staff of, such project on the basis of 
race, color, national origin, sex, age, or political affiliation of 
such participant or staff member, or on the basis of disability, if the 
participant or staff member is a qualified individual with a 
disability.
    (b) Any CNCS 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 CNCS 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 CNCS funds. This provision does 
not apply to the employment (with CNCS assistance) of any staff member 
of a CNCS-supported project who was employed with the organization 
operating the project on the date the CNCS 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, shall 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, shall 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 shall not give religious instruction, conduct worship 
services or engage in any form of proselytizing as part of his or her 
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 CNCS 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.

Subpart C--VISTA Members

    Authority: 42 U.S.C. 4953(b)(3), (f), 4954(a)-(c), 5044(e).


Sec.  2556.200  Who may apply to serve as a VISTA?

    An individual may apply to serve as a VISTA if all the following 
requirements are met:
    (a) The individual is at least eighteen years of age upon taking an 
oath or affirmation, as appropriate, to enter VISTA service. There is 
no upper age limit.
    (b) The individual is a United States citizen or national, or is 
legally residing within a state. For eligibility purposes, a lawful 
permanent resident alien is considered to be an individual who 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 
regular working hours, at all times during his or her 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 his or her 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?

    CNCS has the final authority to approve or deny VISTA applications 
for VISTA service.

Subpart D--Terms, Protections, and Benefits of VISTA Members

    Authority: 42 U.S.C. 4954(a), (b), (d), 4955, 5044(e), 5055, and 
5059; 42 U.S.C. 12602(c).


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,

[[Page 63465]]

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 he or she is assigned to serve. 
No VISTA is in an employment relationship with the sponsor or 
subrecipient to which he or she is 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 shall live among 
and at the economic level of the low-income community served by the 
project, and actively seek opportunities to engage with that low-income 
community without regard to regular work hours.
    (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 the lines of supervision or oversight of a 
VISTA, a VISTA sponsor, and CNCS 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) CNCS is responsible for ongoing monitoring and oversight of the 
VISTA sponsor's project where the VISTA is assigned. CNCS 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) CNCS may provide official travel for a VISTA candidate or a 
VISTA, as appropriate, to attend CNCS-directed activities, such as pre-
service training, placement at the project site, in-service training 
events, and return from the project site to home of record.
    (b) CNCS must approve all official travel of a VISTA candidate or a 
VISTA, including the mode of travel.
    (c) CNCS 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 CNCS, a VISTA may receive payment for settling-in expenses, 
as determined by CNCS.
    (c) Subject to a maximum amount, and at the discretion of CNCS, 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 CNCS.
    (d) Subject to a maximum amount, and at the discretion of CNCS, a 
VISTA may receive a baggage allowance for the actual costs of 
transporting personal effects to the project site to which the VISTA is 
assigned to serve, as determined by CNCS.
    (e) To the extent eligible, a VISTA may receive health care through 
a health benefits program provided by CNCS.
    (f) To the extent eligible, a VISTA may receive child care support 
through a child care program provided by CNCS.
    (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 CNCS, in accordance with 
the applicable provisions of 45 CFR parts 2526, 2527, and 2528.
    (1) A VISTA is eligible to elect to receive a Segal AmeriCorps 
Education Award if he or she is a citizen, national, or lawful 
permanent resident alien of the United States.
    (2) A VISTA who elects a Segal AmeriCorps Education Award is 
eligible to request forbearance of a student loan from his or her loan-
holder. A VISTA who elects a Segal AmeriCorps 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 aggregate value of two full-time Segal AmeriCorps Education Awards 
in his or her lifetime.
    (4) Other than for a summer associate, the amount of a Segal 
AmeriCorps 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 CNCS.
    (i) In the event that a VISTA does not successfully complete a full 
term of service, a VISTA shall not receive a pro-rated Segal AmeriCorps 
Education Award or a pro-rated end-of-service stipend, except in cases 
where the appropriate State Program Director 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 unreasonably difficult or 
infeasible.
    (j) In the event of a VISTA's death during service, his or her 
family or others that he or she named as beneficiary in accordance with 
section 5582 of title 5, United States Code, shall 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, prior to 
payment to the named beneficiary, CNCS shall convert that election to 
an end-of-service stipend and pay the VISTA's family, or others that he 
or she named as beneficiary, a

[[Page 63466]]

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, CNCS 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, CNCS may pay actual and reasonable legal expenses. CNCS is 
not required to pay any expenses for the legal defense of a VISTA 
member where he or she is 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:
    (1) When the activity or action is alleged to have occurred prior 
to the VISTA member's VISTA service.
    (2) When the VISTA member is not at his or her assigned project 
location, such as during periods of approved leave, medical leave, 
emergency leave, or in administrative hold status in the VISTA program.
    (3) When the activity or action is alleged to have occurred at or 
near his or her 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, CNCS may also pay actual and reasonable legal 
expenses:
    (1) When the charged offense against the VISTA member relates 
exclusively to his or her VISTA assignment or status as a VISTA member;
    (2) When the charge 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) When the VISTA member has not admitted a willful or knowing 
violation of law; or
    (4) When 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, CNCS 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, CNCS may also pay 
actual and reasonable legal expenses, where:
    (a) The complaint or charge is against the VISTA, and is directly 
related to his or her VISTA service and not to his or her 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 attained by an 
individual such that the individual 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, retains non-competitive eligibility 
status for one year following the end of the term of service as a 
VISTA.
    (c) In addition to the retention of the one 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 as a VISTA in the 
VISTA program or who was enrolled as a VISTA in the VISTA program 
within the past 30 calendar days.
    (b) A VISTA's grievance shall not be construed as reflecting on the 
VISTA's standing, performance, or desirability as a VISTA.
    (c) A VISTA who presents a grievance shall 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, such that the violation results 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) Those 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) Those 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) Those matters related to any law, published rule, regulation, 
policy, or procedure.
    (4) Those matters related to housing during a VISTA member's 
service.
    (5) Those matters which are, by law, subject to final 
administrative review outside CNCS.
    (6) Those matters related to actions taken, or not taken, by a 
VISTA sponsor

[[Page 63467]]

or subrecipient, or CNCS, in compliance with or in order to fulfill the 
terms of a contract, grant, or other agreement related to the VISTA 
program.
    (7) Those matters related to the internal management of CNCS, 
unless such matters are shown to specifically and directly affect the 
VISTA's service situation or terms or conditions of his or her 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 his or her 
official VISTA file and any relevant CNCS 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) While currently enrolled in 
the VISTA program, or enrolled in the VISTA program within the past 30 
calendar days, a VISTA may bring a grievance to the sponsor or 
subrecipient where he or she is assigned to serve within 15 calendar 
days that the event giving rise to the grievance occurs, or within 15 
calendar days after becoming aware of the event. If the grievance 
arises out of a continuing condition or practice that individually 
affects a VISTA, while enrolled the VISTA may bring it at any time 
while he or she is affected by a 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 shall 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 to grant the relief requested on either of 
those grounds.
    (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 State 
Program Director, 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, he or she may submit the grievance in 
writing to the appropriate State Program Director. The VISTA must 
submit the grievance to the State Program Director either:
    (i) Within seven calendar days of receipt of the response of the 
sponsor; or,
    (ii) In the event the sponsor has not issued a response to the 
VISTA within 10 calendar days of receipt of the written grievance, 
within 17 calendar days.
    (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 State Program Director. In 
such a case, the VISTA must submit the grievance to the State Program 
Director 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 State 
Program Director shall 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 State 
Program Director 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 State Program Director makes any such 
determination, he or she may dismiss the complaint, setting forth the 
reason(s) for the dismissal. In such a case, the State Program Director 
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) The VISTA may appeal in writing to the appropriate Area Manager 
the response of the State Program Director to the grievance, as set 
forth in Sec.  2556.360(b)(3). To be eligible to appeal a grievance 
response to the Area Manager, the VISTA must have exhausted all 
appropriate actions as set forth in Sec.  2556.360.
    (b) A VISTA's grievance appeal must be in writing and contain 
sufficient detail to identify the subject matter of the grievance, 
specify the relief requested, and be signed by the VISTA.
    (c) The VISTA must submit a grievance appeal to the appropriate 
Area Manager no later than 10 calendar days after the State Program 
Director issues his or her response to the grievance.
    (d) Certain matters contained in a grievance appeal may be 
rejected, rather than denied on the merits, by the Area Manager. 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 Area 
Manager 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 Area Manager shall decide the grievance appeal on the 
merits, or reject the grievance appeal in whole or in part, or both, as 
appropriate. The Area Manager shall notify the VISTA in writing of the 
decision and specify the grounds for the appeal decision. The appeal 
decision shall include a statement of the basis for the decision and is 
a final decision of CNCS.

Subpart E--Termination for Cause Procedures

    Authority: 42 U.S.C. 4953(b), (c), (f), and 5044(e).


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) CNCS may terminate for cause a VISTA for any of the following 
reasons:
    (1) Conviction of any criminal offense under Federal, State, or 
local statute or ordinance;

[[Page 63468]]

    (2) Violation of any provision of the Domestic Service Volunteer 
Act of 1973, as amended, or any CNCS 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 his or her 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 the VISTA 
program?

    (a) CNCS has the sole authority to remove a VISTA from a project 
where he or she has been assigned.
    (b) CNCS 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 his or her designee, 
may request that CNCS remove a VISTA assigned to its project. Any such 
request must be submitted in writing to the appropriate State Program 
Director and should state the reasons for the request.
    (b) The State Program Director may, at his or her discretion, 
attempt to resolve the situation with the sponsor so that an 
alternative 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 State Program Director shall remove the VISTA from the 
project.


Sec.  2556.415  May CNCS remove a VISTA from a project without the 
sponsor's request for removal?

    Of its own accord, CNCS 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 are initiated by the State 
Program Director when CNCS removes a VISTA from a project assignment 
due to an alleged deficiency, or alleged deficiencies, in conduct or 
performance.
    (b) The State Program Director or other CNCS State Office staff, to 
the extent practicable, communicates the matter with the VISTA who is 
removed from a VISTA project and the administrative procedures as set 
forth in paragraphs (c) through (e) of this section.
    (c) The State Program Director shall notify VISTA in writing of 
CNCS's proposal to terminate for cause. The written proposal to 
terminate him or her for cause must give the VISTA the reason(s) for 
the proposed termination, and notify him or her that he or she has 10 
calendar days within which to answer in writing the proposal to 
terminate him or her for cause, and to furnish any accompanying 
statements or written material. The VISTA must submit any answer to the 
appropriate State Program Director identified in the written proposal 
to terminate for cause within the deadline specified in the 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, the appropriate 
State Program Director shall issue a written decision regarding the 
proposal to terminate for cause.
    (1) If the decision is to terminate the VISTA for cause, the 
decision shall 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 the decision is not to terminate the VISTA for cause, the 
decision shall indicate that the proposal to terminate for cause is 
rescinded.
    (e) A VISTA who does not submit a timely answer to the appropriate 
State Program Director, 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, CNCS 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 his or her termination for cause?

    (a) Within 10 calendar days of the appropriate State Program 
Director's 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 appropriate Area Manager. The appeal must be in writing and specify 
the reasons for the VISTA's disagreement with the decision.
    (b) CNCS shall not incur any expenses or travel allowances for the 
VISTA in connection with the preparation or presentation of the appeal.
    (c) The VISTA may have access to records as follows:
    (1) The VISTA may review any material in the VISTA's official CNCS 
file and any relevant CNCS 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 Area Manager or equivalent CNCS official shall issue a written 
appeal determination. The appeal determination shall indicate the 
reasons for such an appeal determination. The appeal determination 
shall 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 him or her 
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

    Authority: 42 U.S.C. 4954(d), (e).

[[Page 63469]]

Sec.  2556.500  How is a position for a summer associate established in 
a project?

    (a) From time-to-time, the State Program Director invites sponsors 
within the state to apply for one or more positions for individuals to 
serve as summer associates at the sponsor's VISTA project.
    (b) Subject to VISTA assistance availability, CNCS approves the 
establishment of summer associate positions based on the following 
factors:
    (1) The need in the community, as demonstrated by the sponsor, for 
the performance of project activities by a summer associate(s);
    (2) The content and quality of summer associate project plans;
    (3) The capacity of the sponsor to implement the summer associate 
project activities; and
    (4) 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 CNCS;
    (2) Child care support through a child care program provided by 
CNCS;
    (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 baggage allowance for the costs of transporting personal 
effects to or from the project site to which the summer associate is 
assigned to serve.
    (c) CNCS 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

    Authority: 42 U.S.C. 4954(b).


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, CNCS 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 CNCS 
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 he or 
she has 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 CNCS to become a leader. The sponsor's recommendation and 
related materials, described in paragraph (b) of this section, must be 
included with the individual's application to become a leader.
    (b) Sponsor recommendation. A sponsor where an individual is 
seeking to serve as a leader must recommend in writing to CNCS the 
individual to become a leader. Included with the recommendation must be 
an evaluation of the individual's performance while in previous 
service, a description of specific tasks, responsibilities, 
qualifications, and other relevant information that justifies the 
placement of the individual in a leader position, and if appropriate, 
the establishment of a leader position.
    (c) Selection. CNCS shall have sole authority to select a leader. 
The criteria for selection shall include consideration of the 
individual's application and the sponsor's recommendation described in 
paragraph (b) of this section.


Sec.  2556.615  Who reviews a leader application and who approves or 
disapproves a leader application?

    CNCS 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?

    The application process to apply to become a leader, as described 
in Sec.  2556.610, is separate and distinct from the application 
process to apply to enroll as a VISTA in the VISTA program:
    (a) 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.
    (b) 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 shall live among 
and at the economic level of the low-income community served by the 
project and actively seek opportunities to engage with that low-income 
community.
    (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.

[[Page 63470]]

    (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 CNCS State Office.

Subpart H--Restrictions and Prohibitions on Political Activities 
and Lobbying

    Authority: 42 U.S.C. 4954(a), 5043, and 5055(b).


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 his or her official authority or influence 
to interfere with or affect the result of an election.
    (b) A VISTA may not use his or her official authority or influence 
to coerce any individual to participate in political activity.
    (c) A VISTA may not use his or her 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 he or she is on duty;
    (2) While he or she is wearing an article of clothing, logo, 
insignia, or other similar item that identifies CNCS, the VISTA 
program, or one of CNCS's other national service programs;
    (3) While he or she is 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 his or her opinion privately and publicly on political 
subjects;
    (2) Be politically active in connection with a question which 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, or professional organization, or of a similar 
organization; and
    (4) Participate fully in public affairs, except as prohibited by 
other Federal law, in a manner which does not compromise his or her 
efficiency or integrity as a VISTA, or compromise the neutrality, 
efficiency, or integrity of CNCS 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, his or her assigned VISTA project duties;
    (2) Does not interfere with his or her provision of service in the 
VISTA program;
    (3) Is not conducted in a manner involving the 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:
    (1) Does not interfere with the performance of, or availability to 
perform, his or her assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Is not conducted in a manner involving the 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.  2556.725  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

[[Page 63471]]

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, his or her assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Is not conducted in a manner involving the 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, his or her assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Is not conducted in a manner involving the 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, his or her assigned VISTA project duties;
    (2) Does not interference with the provision of service in the 
VISTA program;
    (3) Is not conducted in a manner involving the 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, his or her assigned VISTA project duties;
    (2) Does not interfere with the provision of service in the VISTA 
program;
    (3) Is not conducted in a manner involving the 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 his or her perceived or actual affiliation with the VISTA 
program, or his or her 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 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 CNCS or the VISTA program.
    (b) A VISTA may not knowingly solicit or discourage the 
participation of 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 CNCS or the VISTA 
program.


Sec.  2556.750  What restrictions and prohibitions are VISTAs subject 
to who campaign for a spouse or family member?

    A VISTA who is the spouse or family member of either a candidate 
for partisan political office, candidate for political party office, or 
candidate for

[[Page 63472]]

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 and subrecipient approve the 
participation of a VISTA in a demonstration or other political meeting?

    (a) No VISTA sponsor or subrecipient shall 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 which, subsequent to the 
receipt of any CNCS financial assistance, including the assignment of 
VISTAs, approves the participation of a VISTA in a demonstration or 
other political meeting, shall be 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 CNCS State 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 to be a material failure to 
comply with terms or conditions of the VISTA program. In such a case, 
the sponsor shall be 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 
CNCS 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 CNCS 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 shall 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 shall use any CNCS 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.

    Dated: October 6, 2015.
Jeremy Joseph,
General Counsel.
[FR Doc. 2015-25790 Filed 10-19-15; 8:45 am]
BILLING CODE 6050-28-P



                                                63454            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                                         EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                                  Applicable
                                                 Name of nonregulatory          geographic or           State submittal date            EPA approval date                               Comments
                                                    SIP provision               nonattainment
                                                                                    area


                                                          *                      *                        *                           *                     *                        *                      *
                                                Section 110(a)(2) Infra-      Statewide ..........   8/15/2011, 7/9/2012,               10/20/2015, [Insert Fed-      This action addresses the following CAA
                                                  structure Require-                                 7/10/2014 ......................     eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D)(i)(II),
                                                  ments for the 2006                                                                                                    (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
                                                  24-Hour PM2.5                                                                                                         (M). We are not taking action on the visi-
                                                  NAAQS.                                                                                                                bility protection requirements of (D)(i)(II).
                                                                                                                                                                        We will address this requirements in a
                                                                                                                                                                        separate action.

                                                          *                      *                        *                           *                     *                       *                       *
                                                Section 110(a)(2) Infra-      Statewide ..........   4/3/2012, 8/9/2013,                10/20/2015, [insert Fed-      This action addresses the following CAA
                                                  structure Require-                                 7/10/2014 ......................     eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D), (E),
                                                  ments for the 2008                                                                                                    (F), (G), (H), (J), (K), (L), and (M).
                                                  lead (Pb) NAAQS.



                                                [FR Doc. 2015–26312 Filed 10–19–15; 8:45 am]            were placed in service in December                           continues to be primarily operated and
                                                BILLING CODE 6560–50–P                                  1964.                                                        administered under the DVSA. The
                                                                                                           In 1971, the VISTA program was                            other two AmeriCorps programs are
                                                                                                        transferred from the Office of Economic                      operated under the National and
                                                CORPORATION FOR NATIONAL AND                            Opportunity to the former Federal                            Community Service Act of 1990
                                                COMMUNITY SERVICE                                       agency, ACTION (the Federal Domestic                         (NCSA).
                                                                                                        Volunteer Agency). In 1973, Congress                           In 2009, Congress enacted the Edward
                                                45 CFR Parts 1206, 1210, 1211, 1216,                    enacted the Domestic Volunteer Service                       M. Kennedy Serve America Act of 2009
                                                1217, 1218, 1220, 1222, 1226, and 2556                  Act of 1973 (DVSA), the VISTA                                (Serve America Act), which contained
                                                                                                        program’s enabling legislation. The                          certain amendments to both the DVSA
                                                RIN 3045–AA36                                                                                                        and the NCSA. With regard to the
                                                                                                        VISTA program continues to retain its
                                                Volunteers in Service to America                        purpose, as stated in the DVSA, ‘‘to                         VISTA program, the Serve America Act
                                                                                                        strengthen and supplement efforts to                         amendments largely related to the Segal
                                                AGENCY:  Corporation for National and                   eliminate and alleviate poverty and                          AmeriCorps Education Award, a type of
                                                Community Service.                                      poverty-related problems in the United                       end-of-service award for which a VISTA
                                                ACTION: Final rule.                                     States by encouraging and enabling                           member may be eligible upon successful
                                                                                                        individuals from all walks of life, all                      completion of a term of VISTA service.
                                                SUMMARY:  The Corporation for National                  geographical areas, and all age groups,
                                                and Community Service (CNCS)                                                                                         II. Scope of Final Rule
                                                                                                        including low-income individuals,
                                                publishes new regulations under the                                                                                     This rule covers core aspects of the
                                                                                                        elderly and retired Americans, to
                                                Domestic Volunteer Service Act of 1973,                                                                              VISTA program: (a) Entities that are
                                                                                                        perform meaningful and constructive
                                                as amended, and the National and                                                                                     sponsors for VISTA projects; and (b)
                                                                                                        volunteer service in agencies,                               individuals who are applicants,
                                                Community Service Act of 1990, as                       institutions, and situations where the
                                                amended, for the Volunteers in Service                                                                               candidates, and VISTAs (including
                                                                                                        application of human talent and                              VISTA leaders and VISTA summer
                                                to America (VISTA) program, including                   dedication may assist in the solution of
                                                certain changes to update existing                                                                                   associates), serving at project sites. This
                                                                                                        poverty and poverty-related problems                         rule has four purposes.
                                                regulations.                                            and secure and exploit opportunities for                        First, it conforms the existing
                                                DATES:   This rule is effective January 19,             self-advancement by individuals                              regulations to the fact that CNCS
                                                2016.                                                   afflicted with such problems.’’                              administers the VISTA program.
                                                FOR FURTHER INFORMATION CONTACT:                           In 1994, the Corporation for National                     References in the existing regulations to
                                                Calvin Dawson, AmeriCorps VISTA, at                     and Community Service (CNCS) was                             the former Federal agency, ACTION,
                                                the Corporation for National and                        established pursuant to the National and                     and the administrative structure of
                                                Community Service, 1201 New York                        Community Service Trust Act of 1993;                         ACTION are changed to reflect CNCS
                                                Avenue NW., Washington, DC 20525,                       at this time, the operations of all service                  and its administrative structure.
                                                phone 202–606–6897. The TDD/TTY                         programs previously administered by                             Second, this rule codifies the VISTA
                                                number is 800–833–3722.                                 ACTION, including the VISTA program,                         rules in the same location as the rules
                                                SUPPLEMENTARY INFORMATION:                              began to be administered by CNCS. The                        for CNCS’s other programs. The existing
                                                                                                        VISTA program also became known as                           VISTA regulations are codified at 45
                                                I. Background                                           the AmeriCorps VISTA program, one of                         CFR parts 1206, 1210, 1211, 1216–1220,
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                                                  The Economic Opportunity Act of                       three AmeriCorps programs now                                1222, and 1226. This rule places the
                                                1964 created the Volunteers in Service                  administered by CNCS. The other two                          VISTA regulations within the
                                                to America (VISTA) program. The                         programs were, and continue to be: (1)                       regulations for CNCS and the other
                                                VISTA program, sometimes referred to                    The AmeriCorps State and National                            CNCS programs at 45 CFR parts 2505–
                                                as the domestic Peace Corps, has                        program; and (2) the AmeriCorps                              2556.
                                                operated since the first VISTA                          National Civilian Community Corps                               On a related note, existing program
                                                volunteers (VISTAs or VISTA members)                    (NCCC). Since 1994, the VISTA program                        regulations at 45 CFR parts 1206, 1216,


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                        63455

                                                1220, and 1226, currently apply both to                 suspension on notice are retained. This               outweighed the value provided to the
                                                the VISTA program, and to CNCS’s                        has the effect of giving notice to                    parties involved.
                                                National Senior Service Corps programs.                 sponsors for all suspensions. Under the                  Regulations at 45 CFR part 1216 on
                                                This rule places existing program                       final rule the provisions for termination             non-displacement of employed workers
                                                regulations, as they apply to the VISTA                 remain unchanged, except that a second                and non-impairment of contracts for
                                                program, at 45 CFR parts 2505–2556.                     CNCS review has been eliminated.                      service are moved to 45 CFR
                                                Existing program regulations as they                    Experience has shown that a lengthy                   2556.150(b) through (e), and the
                                                apply to the National Senior Service                    termination review process is not                     substantive provisions remain
                                                Corps programs will remain, at this                     beneficial to VISTAs at the project in                unchanged.
                                                time, at 45 CFR parts 1206, 1216, 1220,                 question, unduly consumes the                            Regulations at 45 CFR part 1217 on
                                                and 1226. To accommodate the                            sponsor’s staff time and other resources,             leaders are moved to 45 CFR part 2556,
                                                relocation of the existing program                      creates uncertainty for project                       subpart G, and clarify primary aspects of
                                                regulations as applied to the VISTA                     beneficiaries, and exhausts VISTA                     the leader position in a project.
                                                program, certain technical changes to                   resources that could be put to use for                   Regulations at 45 CFR part 1219 on
                                                the existing program regulations, as                    the benefit of project beneficiaries.                 non-competitive eligibility for VISTAs
                                                applied to the National Senior Service                     The regulations at 45 CFR part 1210,               are moved to 45 CFR 2556.340, and
                                                Corps programs, are warranted. These                    which deal chiefly with early                         their substantive provisions remain
                                                technical changes are not substantive,                  termination of a VISTA, are moved to 45               unchanged.
                                                but are necessary to address the removal                CFR part 2556, subpart E and changed                     Regulations at 45 CFR part 1220 on
                                                of references to the VISTA program and                  to improve the cost-effectiveness of the              payment of legal expenses resulting
                                                to reflect CNCS and its current                         provisions and increase efficiency of                 from service activities are moved to 45
                                                administrative structure.                               VISTA program functions. The new                      CFR 2556.325 through 2556.335, and
                                                   Third, this rule addresses regulations               provisions for early termination remain               their substantive provisions remain
                                                on the VISTA program’s elements. The                    substantively the same in many                        unchanged.
                                                existing regulations cover a limited                    respects. However, the early termination
                                                                                                                                                                 Regulations at 45 CFR part 1222 on
                                                range of topics. This rule covers a wide                for cause process is modified. While the
                                                                                                                                                              participation of project beneficiaries are
                                                range of topics, and updates the topics                 process retains more than sufficient due
                                                                                                                                                              moved to 45 CFR 2556.120, and their
                                                covered under existing regulations,                     process in the form of written
                                                                                                                                                              substantive provisions remain
                                                including: VISTA application and                        notification and appeals at two levels,
                                                                                                                                                              unchanged.
                                                termination processes, volunteer                        the inclusion of a hearing examiner in
                                                grievance procedures, competitive                       that process is removed. Experience has                  Regulations at 45 CFR part 1226 on
                                                service eligibility, payment of volunteer               shown that a multi-layered termination                prohibitions and restrictions on certain
                                                legal expenses, nondisplacement of                      process is protracted, unduly                         political activities are moved to 45 CFR
                                                workers, VISTA leaders and summer                       burdensome, and incompatible with a                   part 2556, subpart H and are revised to
                                                associates, restrictions for VISTAs on                  service term that can last no more than               complement the current limitations and
                                                certain political activities under the                  a year’s time. Such a process creates                 permitted political activities under the
                                                Hatch Act and other federal laws, and                   potential harm to the operations of the               Hatch Act, 5 U.S.C. chapter 73,
                                                participation of program beneficiaries.                 project and its beneficiaries where the               subchapter III. As provided in the
                                                Subpart A gives general program                         VISTA had been assigned, prolongs                     DVSA, VISTAs are subject to the
                                                information: Purpose, basic program                     uncertainty for the VISTA subject to the              requirements of the Hatch Act because
                                                design, definitions used in the rule, and               process, and inordinately consumes                    they are considered federal employees
                                                waiver. Subpart B sets out requirements                 VISTA program resources that could be                 for purposes of the Hatch Act, 42 U.S.C.
                                                for a VISTA sponsor, and for a sponsor                  put to use for the benefit of project                 5055(b)(1).
                                                to support a VISTA. Subpart C pertains                  beneficiaries.                                        III. Comments and Responses
                                                to being a VISTA, and the requirements                     Regulations in 45 CFR part 1211 on
                                                for applying to become a VISTA.                         grievance procedures for VISTAs are                      On Tuesday, May 5, 2015, CNCS
                                                Subpart D provides the service terms,                   moved to 45 CFR 2556.345–2556.365                     published a notice of proposed
                                                protections, and benefits that apply to a               and updated to reflect the use of                     rulemaking. 80 FR 25637. We received
                                                VISTA. Subpart E addresses termination                  electronic communication technology                   fewer than 25 comments on the rule, all
                                                for cause procedures. Subparts F and G,                 and the speed at which it can operate.                of which are addressed below.
                                                concern, respectively, VISTA projects                   At §§ 2556.345 through 2556.365, the                     We received comments from
                                                with summer associates, and VISTA                       rule clarifies when a VISTA may present               individuals currently serving as
                                                projects with VISTA leaders. Subpart H                  a grievance, what matters are considered              VISTAs, current and former VISTA
                                                gives restrictions and prohibitions on                  grievances, and specific steps for                    leaders, staff of VISTA sponsors, a state
                                                certain political activities for all                    bringing a grievance and appealing a                  non-profit association and State
                                                VISTAs, sponsors, and project sites.                    response, while eliminating the                       Commissions on National and
                                                   Fourth, this rule updates the                        inclusion of a grievance examiner in the              Community Service. We appreciate the
                                                provisions of the existing regulations.                 process. Longstanding experience has                  thoughtful input provided by these
                                                These changes are described here:                       shown that CNCS has used its                          individuals and organizations.
                                                   As it applies to the VISTA program,                  administrative review and oversight to                   Comment: We received comments
                                                45 CFR part 1206, which deals with                      afford complaining parties more than                  about our proposal to expand the
                                                project suspension and termination, is                  sufficient due process, and has                       eligibility to be a VISTA leader to
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                                                moved to 45 CFR part 2556, subpart B                    effectively remedied inappropriate                    include those who have had prior Peace
                                                with most substantive provisions                        conditions leading to grievances,                     Corps experience, or have had prior
                                                remaining unchanged. Under this final                   without need of grievance examiner                    national service experience in
                                                rule, the provisions for suspension                     services. When grievance examiner                     AmeriCorps, regardless of whether the
                                                remain unchanged, except that the                       services have been invoked, the time,                 prior experience was through the
                                                provisions for summary suspension are                   resources and expense incurred by the                 AmeriCorps VISTA program or another
                                                eliminated and the provisions for                       VISTA program have substantially                      AmeriCorps program.


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                                                63456            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                   Response: We appreciate the support                  clarified the applicability of sections               Paperwork Reduction Act
                                                commenters expressed for the                            2556.125 and 2556.130.                                  This rule addresses the requirement
                                                expansion of eligibility criteria to be a                                                                     that entities that wish to apply to be
                                                                                                        IV. Effective Date
                                                VISTA leader. While two commenters                                                                            VISTA sponsors complete an
                                                thought that the expansion did not                        This rule is effective January 19, 2016.
                                                                                                                                                              application to be a VISTA sponsor that
                                                adequately recognize the value of the                   V. Regulatory Procedures                              manages at least one VISTA project.
                                                VISTA experience, the majority of                                                                             Consistent with this requirement is a
                                                commenters articulated support for the                  Executive Order 12866
                                                                                                                                                              document: The VISTA program’s Project
                                                expansion that mirrored our reasons for                    CNCS has determined that the rule is               Application (http://
                                                proposing it: Better recruitment                        not an ‘‘economically significant’’ rule              www.nationalservice.gov/programs/
                                                opportunities for programs; a wider pool                within the meaning of E.O. 12866                      americorps/americorps-vista/sponsor-
                                                of excellent prospective candidates; and                because it is not likely to result in: (1)            vista-project). Additionally this rule
                                                recognition and leveraging of the                       An annual effect on the economy of                    addresses the requirement that
                                                leadership skills earned through other                  $100 million or more, or an adverse and               individuals who wish to apply to serve
                                                national service programs. Moreover, in                 material effect on a sector of the                    as VISTAs in the federal VISTA program
                                                our view, expanding the scope of                        economy, productivity, competition,                   complete an application to serve as a
                                                individuals who may be eligible does                    jobs, the environment, public health or               VISTA. This document is called an
                                                not in any way diminish the value                       safety, or State, local, or tribal                    AmeriCorps Member Application and
                                                placed on the VISTA experience in                       government or communities; (2) the                    can be found online at http://
                                                particular.                                             creation of a serious inconsistency or                www.nationalservice.gov/programs/
                                                   Comment: We received several                         interference with an action taken or                  americorps/americorps-vista.
                                                comments on VISTA health care                           planned by another agency; (3) a                        These requirements constitute two
                                                coverage and requests to change the                     material alteration in the budgetary                  sets of information under the Paperwork
                                                health care coverage options offered to                 impacts of entitlement, grants, user fees,            Reduction Act (PRA), 44 U.S.C. 507 et
                                                VISTAs serving in the program.                          or loan programs or the rights and                    seq. OMB, in accordance with the
                                                   Response: The health care options                    obligations of recipients thereof; or (4)             Paperwork Reduction Act, has
                                                available to AmeriCorps VISTA                           the raising of novel legal or policy                  previously approved these information
                                                members are outlined at http://                         issues arising out of legal mandates, the             collections for use. The OMB Control
                                                www.vistacampus.gov/resources/vista-                    President’s priorities, or the principles             Number for the two collections of the
                                                healthcare-options. The proposed rule                   set forth in E.O. 12866.                              Project Application and AmeriCorps
                                                did not propose any changes to VISTA                    Regulatory Flexibility Act                            Application are 3045–0038 and 3045–
                                                health care coverage and doing so is                                                                          0054, respectively.
                                                beyond the scope of this rulemaking.                       As required by the Regulatory                        Under the PRA, an agency may not
                                                                                                        Flexibility Act of 1980 (5 U.S.C. 605                 conduct or sponsor a collection of
                                                   Comment: We received two comments
                                                                                                        (b)), CNCS certifies that this rule will              information unless the collections of
                                                regarding the Segal AmeriCorps
                                                                                                        not have a significant economic impact                information displays valid control
                                                Education Award (Education Award)
                                                                                                        on a substantial number of small                      numbers. This rule’s collections of
                                                that suggested changes to the statutory
                                                                                                        entities. This regulatory action will not             information are contained in 45 CFR
                                                requirements placed on VISTAs
                                                                                                        result in (1) an annual effect on the                 2556.120 and 2556.205 for the Project
                                                regarding their use of the Education
                                                                                                        economy of $100 million or more; (2) a                Application and AmeriCorps
                                                Award, namely transferability and use
                                                                                                        major increase in costs or prices for                 Application, respectively.
                                                of the Education Award at VA-eligible                   consumers, individual industries,
                                                institutions.                                                                                                   This information is necessary to
                                                                                                        Federal, State, or local government                   ensure that only eligible and qualified
                                                   Response: We appreciate the                          agencies, or geographic regions; or (3)               entities serve as VISTA sponsors. This
                                                commenters identifying how the                          significant adverse effects on                        information is also necessary to ensure
                                                Education Award would be more useful                    competition, employment, investment,                  that only eligible and suitable
                                                to VISTAs. In accordance with current                   productivity, innovation, or on the                   individuals are approved by the VISTA
                                                legislation, individuals who                            ability of United States-based                        program to serve as VISTAs in the
                                                successfully serve in the AmeriCorps                    enterprises to compete with foreign-                  VISTA program.
                                                State and National program may transfer                 based enterprises in domestic and                       The likely respondents to these
                                                their Education Awards to certain third                 export markets. Therefore, CNCS has                   collections of information are entities
                                                party individuals as long as those                      not performed the initial regulatory                  interested in or seeking to become
                                                individuals meet certain statutory                      flexibility analysis that is required                 VISTA sponsors, current VISTA
                                                conditions. However, VISTAs who                         under the Regulatory Flexibility Act (5               sponsors, and current and prospective
                                                receive Education Awards are unable to                  U.S.C. 601 et seq.) for major rules that              VISTAs.
                                                transfer them to anyone else. Until the                 are expected to have such results.
                                                legislation changes, we are bound by the                                                                      Executive Order 13132, Federalism
                                                statutory requirements on the use of the                Unfunded Mandates                                       Executive Order 13132, Federalism,
                                                Education Award by VISTAs. Similarly,                     For purposes of Title II of the                     prohibits an agency from publishing any
                                                until the legislation changes, we are                   Unfunded Mandates Reform Act of                       rule that has Federalism implications if
                                                restricted from expanding the use of the                1995, 2 U.S.C. 1531–1538, as well as                  the rule imposes substantial direct
                                                Education Award by non-veterans to                      Executive Order 12875, this regulatory                compliance costs on State and local
mstockstill on DSK4VPTVN1PROD with RULES




                                                study at VA-eligible educational                        action does not contain any Federal                   governments and is not required by
                                                institutions.                                           mandate that may result in increased                  statute, or the rule preempts State law,
                                                   Accordingly, we have made only                       expenditures in either Federal, State,                unless the agency meets the
                                                technical edits to the proposed rule for                local, or tribal governments in the                   consultation and funding requirements
                                                clarity in the use of the terms                         aggregate, or impose an annual burden                 of section 6 of the Executive Order. The
                                                ‘‘sponsor,’’ ‘‘project,’’ and                           exceeding $100 million on the private                 rule does not have any Federalism
                                                ‘‘subrecipient.’’ Additionally, we                      sector.                                               implications, as described above.


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                                                                   Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                            63457

                                                List of Subjects                                          Headquarters or State office official who                Refunding includes renewal of an
                                                                                                          is authorized to make the grant or                     application for the assignment of
                                                45 CFR Parts 1206, 1210, 1211, 1216
                                                                                                          assistance in question. In addition to the             National Senior Service Corps
                                                Through 1218, 1220, and 1222
                                                                                                          foregoing officials, in the case of the                volunteers.
                                                    Volunteers.                                           suspension proceedings described in                    ■ 7. In § 1206.2–4, revise paragraph (g)
                                                45 CFR Part 1226                                          § 1206.1–4, the term ‘‘responsible                     to read as follows:
                                                                                                          Corporation official’’ shall also include
                                                    Elections, Lobbying, Volunteers.                      a designee of a CNCS official who is                   § 1206.2–4    Procedures.
                                                45 CFR Part 2556                                          authorized to make the grant of                        *      *     *     *     *
                                                                                                          assistance in question.                                  (g) If the recipient’s budget period
                                                  VISTA program, Volunteers.                                 (d) The term assistance means                       expires prior to the final decision by the
                                                  For the reasons discussed in the                        assistance under title II of the DVSA in               deciding official, the recipient’s
                                                preamble, under the authority of 42                       the form of grants or contracts involving              authority to continue program
                                                U.S.C. 12651c(c), the Corporation for                     Federal funds for the administration for               operations shall be extended until such
                                                National and Community Service                            which the Director of the National                     decision is made and communicated to
                                                amends chapters XII and XXV, title 45                     Senior Service Corps programs has                      the recipient. If a National Senior
                                                of the Code of Federal Regulations as                     responsibility.                                        Service Corps volunteer’s term of
                                                follows:                                                     (e) The term recipient means a public               service expires after receipt by a sponsor
                                                                                                          or private agency, institution or                      of a tentative decision not to refund a
                                                PART 1206—GRANTS AND                                      organization or a State or other political             project, the period of service of the
                                                CONTRACTS—SUSPENSION AND                                  jurisdiction which has received                        volunteer may be similarly extended.
                                                TERMINATION AND DENIAL OF                                 assistance under title II of the DVSA.                 No volunteers may be reenrolled for a
                                                APPLICATION FOR REFUNDING                                 The term ‘‘recipient’’ does not include                period of service while a tentative
                                                                                                          individuals who ultimately receive                     decision not to refund is pending. If
                                                ■ 1. The authority citation for part 1206                 benefits under any DVSA program of                     program operations are so extended,
                                                continues to read as follows:                             assistance or National Senior Service                  CNCS and the recipient shall provide,
                                                    Authority: 42 U.S.C. 5052.                            Corps volunteers participating in any                  subject to the availability of funds,
                                                                                                          program.                                               operating funds at the same levels as in
                                                ■ 2. In § 1206.1–1, revise paragraph (a)                     (f) The term agency means a public or
                                                to read as follows:                                                                                              the previous budget period to continue
                                                                                                          private agency, institution, or                        program operations.
                                                § 1206.1–1       Purpose and scope.                       organization or a State or other political
                                                                                                          jurisdiction with which the recipient                  PART 1210—[REMOVED AND
                                                   (a) This subpart establishes rules and
                                                                                                          has entered into an arrangement,                       RESERVED]
                                                review procedures for the suspension
                                                                                                          contract or agreement to assist in its
                                                and termination of assistance of                                                                                     8. Remove and reserve part 1210.
                                                                                                          carrying out the development, conduct                  ■
                                                National Senior Service Corps grants of
                                                                                                          and administration of part of a project
                                                assistance provided by the Corporation                                                                           PART 1211—[REMOVED AND
                                                                                                          or program assisted under title II of the
                                                for National and Community Service                                                                               RESERVED]
                                                                                                          DVSA.
                                                pursuant to sections of title II of the
                                                Domestic Volunteer Service Act of 1973,                   *      *     *    *     *                              ■   9. Remove and reserve part 1211.
                                                Public Law 93–113, 87 Stat. 413                           ■ 5. Revise § 1206.2–1 to read as
                                                (hereinafter the DVSA) because a                          follows:                                               PART 1216—NONDISPLACEMENT OF
                                                recipient failed to materially comply                                                                            EMPLOYED WORKERS AND
                                                                                                          § 1206.2–1        Applicability of this subpart.
                                                with the terms and conditions of any                                                                             NONIMPAIRMENT OF CONTRACTS
                                                                                                            This subpart applies to grantees and                 FOR SERVICE
                                                grant or contract providing assistance
                                                                                                          contractors receiving financial
                                                under these sections of the DVSA,
                                                                                                          assistance under title II of the DVSA.                 ■ 10. The authority citation for part
                                                including applicable laws, regulations,
                                                                                                          The procedures in the subpart do not                   1216 is revised to read as follows:
                                                issued program guidelines, instructions,
                                                                                                          apply to review of applications for                        Authority: 42 U.S.C. 5044(a).
                                                grant conditions or approved work
                                                                                                          sponsors who receive VISTA members
                                                programs.                                                                                                        ■ 11. Revise § 1216.1–1 to read as
                                                                                                          under the DVSA.
                                                *      *     *    *     *                                 ■ 6. Revise § 1206.2–3 to read as
                                                                                                                                                                 follows:
                                                ■ 3. Revise § 1206.1–2 to read as                         follows:                                               § 1216.1–1    Purpose.
                                                follows:
                                                                                                          § 1206.2–3        Definitions.                           This part establishes rules to assure
                                                § 1206.1–2       Application of this part.                   As used in this subpart,                            that the services of volunteers in the
                                                  This subpart applies to programs                        ‘‘Corporation’’, ‘‘CEO’’, and ‘‘recipient’’            Foster Grandparent Program, the Senior
                                                authorized under title II of the DVSA.                    are defined in accordance with                         Companion Program, and The Retired
                                                ■ 4. In § 1206.1–3, revise paragraphs (c)                 § 1206.1–3.                                            and Senior Volunteer Program (RSVP),
                                                through (f) to read as follows:                              Financial assistance and assistance                 are limited to activities which would
                                                                                                          include the services of National Senior                not otherwise be performed by
                                                § 1206.1–3       Definitions.                             Service Corps volunteers supported in                  employed workers and which will not
                                                *     *     *    *     *                                  whole or in part with CNCS funds under                 supplant the hiring of, or result in the
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                                                  (c) The term responsible Corporation                    the DVSA.                                              displacement of employed workers or
                                                official means the CEO, Chief Financial                      Program account includes assistance                 impair existing contracts for service.
                                                Officer, the Director of the National                     provided by CNCS to support a                          This part implements section 404(a) of
                                                Senior Service Corps programs, the                        particular program activity; for example,              the Domestic Volunteer Service Act of
                                                appropriate Service Center Director and                   Foster Grandparent Program, Senior                     1973, Public Law 93–113 (the ‘‘Act’’).
                                                any Corporation for National and                          Companion Program and Retired Senior                   ■ 12. In § 1216.1–2, revise paragraph (a)
                                                Community Service (CNCS)                                  Volunteer Program.                                     to read as follows:


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                                                63458              Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                § 1216.1–2       Applicability of this part.              criminal proceeding results from a                     Community Service or a sponsor is not
                                                  (a) All volunteers in either the Foster                 situation which could give rise to a civil             responsible under this policy for the
                                                Grandparent Program, the Senior                           claim under the Federal Tort Claims                    volunteer’s defense, any such advance
                                                Companion Program, or The Retired and                     Act. In such situations, the Justice                   may be recovered directly from the
                                                Senior Volunteer Program (RSVP), who                      Department may agree to defend the                     volunteer or from allowances, stipends,
                                                are assigned, referred or serving                         volunteer. In those cases, unless there is             or out-of-pocket expenses which are
                                                pursuant to grants, contracts, or                         a conflict between the volunteer’s                     payable or become payable to the
                                                agreements made pursuant to the Act.                      interest and that of the government, the               volunteer. In the case of a grassroots
                                                *     *     *    *     *                                  Corporation for National and                           sponsor of full-time volunteers that is
                                                                                                          Community Service will not pay for                     not able to provide the $500, the
                                                PART 1217—[REMOVED AND                                    additional private representation for the              Corporation for National and
                                                RESERVED]                                                 volunteer.                                             Community Service state office or Area
                                                                                                          ■ 19. In § 1220.2–2, revise paragraph (a)              Manager shall immediately make such
                                                ■   13. Remove and reserve part 1217.                     introductory text, (a)(2), and (b) to read             sum available to the sponsor.
                                                                                                          as follows:                                            *      *     *    *     *
                                                PART 1218—[REMOVED AND
                                                RESERVED]                                                 § 1220.2–2        Part-time volunteers.                   (d) The General Counsel shall, upon
                                                                                                                                                                 notification by the state office or Area
                                                    14. Remove and reserve part 1218.                        (a) With respect to a part-time
                                                ■                                                                                                                Manager, determine the extent to which
                                                                                                          volunteer, the Corporation for National
                                                                                                                                                                 the Corporation for National and
                                                PART 1219—[REMOVED AND                                    and Community Service will reimburse
                                                                                                                                                                 Community Service will provide funds
                                                RESERVED]                                                 a sponsor for the reasonable expense it
                                                                                                                                                                 for the volunteer’s defense or reimburse
                                                                                                          incurs for the defense of the volunteer
                                                                                                                                                                 a sponsor for funds it spends on the
                                                ■   15. Remove and reserve part 1219.                     in Federal, state and local criminal
                                                                                                                                                                 volunteer’s behalf. Included in this
                                                                                                          proceedings, including arraignment,
                                                PART 1220—PAYMENT OF                                                                                             responsibility shall be the negotiation of
                                                                                                          only under the following circumstances:
                                                VOLUNTEER LEGAL EXPENSES                                                                                         fees and approval of other costs and
                                                                                                          *      *     *     *     *                             expenses. State offices and Area
                                                ■ 16. The authority citation for part                        (2) The volunteer receives, or is                   Managers are not authorized to commit
                                                1220 is revised to read as follows:                       eligible to receive, compensation,                     the Corporation for National and
                                                                                                          including allowances, stipend, or                      Community Service to the payment of
                                                    Authority: 42 U.S.C. 5059.                            reimbursement for out-of-pocket                        volunteers’ legal expenses or to
                                                ■ 17. Revise § 1220.1–1 to read as                        expenses, under a Corporation for                      reimburse a sponsor except as provided
                                                follows:                                                  National and Community Service grant                   in this section, without the express
                                                                                                          project; and                                           consent of the General Counsel.
                                                § 1220.1–1       Purpose.                                 *      *     *     *     *                             Additionally, the General Counsel shall,
                                                   This part implements section 419 of                       (b) In certain circumstances                        in cases arising directly out of the
                                                the Domestic Volunteer Service Act of                     volunteers who are ineligible for                      performance of authorized project
                                                1973, Public Law 93–113 (the ‘‘Act’’).                    reimbursement of legal expenses by the                 activities, ascertain whether the services
                                                This part provides rules to ensure that                   Corporation for National and                           of the United States Attorney can be
                                                the Corporation for National and                          Community Service may be eligible for                  made available to the volunteer.
                                                Community Service, which administers                      representation under the Criminal                      *      *     *    *     *
                                                the three federal programs, the Foster                    Justice Act (18 U.S.C. 3006A).
                                                Grandparent Program (FGP), the Senior                     ■ 20. In § 1220.2–3, revise paragraphs                 ■ 21. In § 1220.3–1, revise the
                                                Companion Program (SCP), and The                          (a), (b), and (d) to read as follows:                  introductory text and paragraph (a) to
                                                Retired and Senior Volunteer Program                                                                             read as follows:
                                                (RSVP), pays the expenses incurred in                     § 1220.2–3        Procedure.
                                                judicial and administrative proceedings                                                                          § 1220.3–1   Full-time volunteers.
                                                                                                            (a) Immediately upon the arrest of any
                                                for the defense of those volunteers                       volunteer under circumstances in which                   The Corporation for National and
                                                serving in those programs. Payment of                     the payment or bail to prevent                         Community Service will pay reasonable
                                                such expenses by CNCS for those                           incarceration or other serious                         expenses incurred in the defense of full-
                                                volunteers include payment of counsel                     consequences to the volunteer or the                   time volunteers in Federal, state, and
                                                fees, court costs, bail or other expenses                 retention of an attorney prior to                      local civil judicial and administrative
                                                incidental to the volunteer’s defense.                    arraignment is necessary and is covered                proceedings where:
                                                ■ 18. In § 1220.2–1, revise paragraphs                    under § 1220.2–1 or § 1220.2–2,                          (a) The complaint or charge against
                                                (a)(1) and (c) to read as follows:                        sponsors shall immediately notify the                  the volunteer is directly related to his
                                                                                                          appropriate Corporation for National                   volunteer service and not to his
                                                § 1220.2–1       Full-time volunteers.                    and Community Service state office or if               personal activities or obligations.
                                                  (a)(1) The Corporation for National                     the state office cannot be reached, the
                                                and Community Service will pay all                                                                               *     *      *    *     *
                                                                                                          appropriate Area Manager.
                                                reasonable expenses for defense of full-                    (b) Immediately after notification of                ■   22. Revise § 1220.3–2 as follows:
                                                time volunteers up to and including the                   the appropriate state office, and with the
                                                arraignment of Federal, state, and local                                                                         § 1220.3–2   Part-time volunteers.
                                                                                                          approval thereof, the sponsor shall
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                                                criminal proceedings, except in cases                     advance up to $500 for the payment of                    The Corporation for National and
                                                where it is clear that the charged offense                bail or such other legal expenses as are               Community Service will reimburse
                                                results from conduct which is not                         necessary prior to arraignment to                      sponsors for the reasonable expenses
                                                related to his service as a volunteer.                    prevent the volunteer from being                       incidental to the defense of part-time
                                                *     *     *     *     *                                 incarcerated. In the event it is                       volunteers in Federal, state, and local
                                                  (c) Notwithstanding the foregoing,                      subsequently determined that the                       civil judicial and administrative
                                                there may be situations in which the                      Corporation for National and                           proceedings where:


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                                                                   Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                          63459

                                                   (a) The proceeding arises directly out                paid, in whole or in part, with agency                2556.120 How does a VISTA sponsor
                                                of the volunteer’s performance of                        funds.                                                    ensure the participation of people in the
                                                activities pursuant to the Act;                                                                                    communities to be served?
                                                                                                         ■ 28. In § 1226.7, revise the introductory            2556.125 May CNCS deny or reduce VISTA
                                                   (b) The volunteer receives or is                      text and paragraph (a) to read as follows:                assistance to an existing VISTA project?
                                                eligible to receive compensation,                                                                              2556.130 What is the procedure for denial
                                                including allowances, stipend, or                        § 1226.7    Scope.                                        or reduction of VISTA assistance to an
                                                reimbursement for out-of-pocket                            The provisions in this subpart are                      existing VISTA project?
                                                expenses under the Corporation for                       applicable to full time volunteers as                 2556.135 What is suspension and when
                                                National and Community Service grant;                    described in § 1226.3(c), and to such                     may CNCS suspend a VISTA project?
                                                and                                                      part-time volunteers as may be                        2556.140 What is termination and when
                                                   (c) The conditions specified in                       otherwise specified herein. Full time                     may CNCS terminate a VISTA project?
                                                § 1220.3–1(b) and (c) are met.                                                                                 2556.145 May CNCS pursue other remedies
                                                                                                         volunteers are deemed to be acting in                     against a VISTA project for a sponsor’s
                                                ■ 23. Revise § 1220.3–3 as follows:                      their capacity as volunteers:                             material failure to comply with any other
                                                                                                           (a) When they are actually engaged in                   requirement not set forth in this subpart?
                                                § 1220.3–3       Procedure.
                                                                                                         their volunteer assignments; or                       2556.150 What activities are VISTA
                                                  Immediately upon the receipt by a                      *     *    *     *     *                                  members not permitted to perform as
                                                volunteer of any court papers or                                                                                   part of service?
                                                administrative orders making a party to                  §§ 1226.10 and 1226.11        [Removed]               2556.155 May a sponsor manage a project
                                                any proceeding covered under § 1220.3–                                                                             through a subrecipient?
                                                                                                         ■   29. Remove §§ 1226.10 and 1226.11.                2556.160 What are the sponsor’s
                                                1 or § 1220.3–2, the volunteer shall
                                                                                                                                                                   requirements for cost share projects?
                                                immediately notify his sponsor who in                    §§ 1226.12 and 1226.13 [Redesignated as               2556.165 What Fair Labor Standards apply
                                                turn shall notify the appropriate                        §§ 1226.10 and 1226.11]                                   to VISTA sponsors and subrecipients?
                                                Corporation for National and                                                                                   2556.170 What nondiscrimination
                                                                                                         ■ 30. Redesignate §§ 1226.12 and
                                                Community Service state office. The                                                                                requirements apply to sponsors and
                                                                                                         1226.13 as §§ 1226.10 and 1226.11,
                                                procedures referred to in § 1220.2–3(c)                                                                            subrecipients?
                                                                                                         respectively, and assign them to subpart
                                                through (e) shall thereafter be followed                                                                       2556.175 What limitations are VISTA
                                                                                                         D.                                                        sponsors subject to regarding religious
                                                as appropriate.
                                                                                                         ■ 31. Revise newly redesignated                           activities?
                                                PART 1222—[REMOVED AND                                   § 1226.10 to read as follows:                         Subpart C—VISTA Members
                                                RESERVED]
                                                                                                         § 1226.10    Sponsor employees.                       2556.200 Who may apply to serve as a
                                                ■   24. Remove and reserve part 1222.                      Sponsor employees whose salaries or                     VISTA?
                                                                                                                                                               2556.205 What commitments and
                                                                                                         other compensation are paid, in whole                     agreements must an individual make to
                                                PART 1226—PROHIBITIONS ON                                or in part, with agency funds are subject                 serve in the VISTA program?
                                                ELECTORAL AND LOBBYING                                   to the restrictions described in § 1226.8             2556.210 Who reviews and approves an
                                                ACTIVITIES                                               and the exceptions in § 1226.9:                           application for VISTA service?
                                                                                                           (a) Whenever they are engaged in an
                                                ■ 25. The authority citation for part                                                                          Subpart D—Terms, Protections, and
                                                                                                         activity which is supported by                        Benefits of VISTA Members
                                                1226 is revised to read as follows:
                                                                                                         Corporation for National and
                                                    Authority: 42 U.S.C. 5043.                                                                                 2556.300 Is a VISTA considered a Federal
                                                                                                         Community Service funds; or                               employee and is a VISTA considered an
                                                ■   26. Revise § 1226.1 to read as follows:                (b) Whenever they identify                              employee of the sponsor?
                                                                                                         themselves as acting in their capacity as             2556.305 What is the duration and scope
                                                § 1226.1    Purpose.                                     an official of a project which receives                   of service for a VISTA?
                                                  This part implements sections 403(a)                   Corporation for National and                          2556.310 What are the lines of supervision
                                                and (b) of the Domestic Volunteer                        Community Service funds, or could                         or oversight of a VISTA, a VISTA
                                                                                                         reasonably be perceived by others as                      sponsor, and CNCS during a VISTA’s
                                                Service Act of 1973, Public Law 93–113,
                                                                                                         acting in such capacity.                                  term of service?
                                                as amended, hereinafter referred to as                                                                         2556.315 What are terms and conditions
                                                the Act, pertaining to the prohibited use                ■ 32. Add part 2556 to read as follows:                   for official travel for a VISTA?
                                                of Federal funds or involvement by                                                                             2556.320 What benefits may a VISTA
                                                certain Corporation for National and                     PART 2556—VOLUNTEERS IN                                   receive during VISTA service?
                                                Community Service programs and                           SERVICE TO AMERICA                                    2556.325 May a VISTA be provided
                                                volunteers in electoral and lobbying                                                                               coverage for legal defense expenses
                                                                                                         Subpart A—General Information                             related to VISTA service?
                                                activities. This part implements those
                                                provisions of the Act, as they apply to                  Sec.                                                  2556.330 When may a VISTA be provided
                                                                                                         2556.1 What is the purpose of the VISTA                   coverage for legal defense expenses
                                                agency programs and volunteers
                                                                                                              program?                                             related to criminal proceedings?
                                                authorized under title II of the Act.                                                                          2556.335 When may a VISTA be provided
                                                                                                         2556.3 Who should read this part?
                                                ■ 27. Revise § 1226.2 to read as follows:                2556.5 What definitions apply in this part?               coverage for legal defense expenses
                                                                                                         2556.7 Are waivers of the regulations in                  related to civil or administrative
                                                § 1226.2    Scope.                                            this part allowed?                                   proceedings?
                                                   This part applies to all volunteers                                                                         2556. 340 What is non-competitive
                                                                                                         Subpart B—VISTA Sponsors                                  eligibility and who is eligible for it?
                                                serving in a program authorized by title
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                                                II of the Act, including the Foster                      2556.100 Which entities are eligible to               2556.345 Who may present a grievance?
                                                Grandparent Program, the Senior                              apply to become VISTA sponsors?                   2556.350 What matters are considered
                                                                                                         2556.105 Which entities are prohibited                    grievances?
                                                Companion Program, and The Retired                           from being VISTA sponsors?                        2556.355 May a VISTA have access to
                                                and Senior Volunteer Program (RSVP).                     2556.110 What VISTA assistance is                         records as part of the VISTA grievance
                                                This part also applies to employees or                       available to a sponsor?                               procedure?
                                                sponsoring organizations, whose                          2556.115 Is a VISTA sponsor required to               2556.360 How may a VISTA bring a
                                                salaries, or other compensation, are                         provide a cash or in-kind match?                      grievance?



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                                                63460            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                2556.365    May a VISTA appeal a grievance?             2556.760 May a sponsor or subrecipient                   Alternative oath or affirmation means
                                                                                                            approve the participation of a VISTA in           a pledge of VISTA service taken by an
                                                Subpart E—Termination for Cause                             a demonstration or other political
                                                Procedures                                                                                                    individual who legally resides within a
                                                                                                            meeting?
                                                2556.400 What is termination for cause and
                                                                                                                                                              State, but who is not a citizen or
                                                                                                        2556.765 What disciplinary actions are
                                                    what are the criteria for termination for               VISTAs subject to for violating                   national of the United States, upon that
                                                    cause?                                                  restrictions or prohibitions on political         individual’s enrollment into the VISTA
                                                2556.405 Who has sole authority to remove                   activities?                                       program as a VISTA.
                                                    a VISTA from a VISTA project and who                2556.770 What are the requirements of                    Applicant for VISTA service means an
                                                    has sole authority to terminate a VISTA                 VISTA sponsors or subrecipients                   individual who is in the process of
                                                    from a VISTA project or the VISTA                       regarding political activities?                   completing, or has completed, an
                                                    program?                                            2556.775 What prohibitions and restrictions           application for VISTA service as
                                                2556.410 May a sponsor request that a                       on political activity apply to employees          prescribed by CNCS, but who has been
                                                    VISTA be removed from its project?                      of VISTA sponsors and subrecipients?              not been approved by CNCS to be a
                                                2556.415 May CNCS remove a VISTA from                   2556.780 What prohibitions on lobbying
                                                                                                            activities apply to VISTA sponsors and            candidate.
                                                    a project without the sponsor’s request                                                                      Application for VISTA service means
                                                    for removal?                                            subrecipients?
                                                                                                                                                              the materials prescribed by CNCS to
                                                2556.420 What are termination for cause
                                                    proceedings?                                        Subpart A—General Information                         ascertain information on an individual’s
                                                2556.425 May a VISTA appeal his or her                                                                        eligibility and suitability for VISTA
                                                    termination for cause?                                Authority: 42 U.S.C. 4951–4953; 5 CFR               service.
                                                2556.430 Is a VISTA who is terminated                   part 734.                                                Area Manager means a CNCS official
                                                    early from the VISTA program for other                                                                    who is head of a designated, regional
                                                    than cause entitled to appeal under these           § 2556.1 What is the purpose of the VISTA             set, or cluster of CNCS State Offices, or
                                                    procedures?                                         program?                                              equivalent CNCS official.
                                                                                                           (a) The purpose of the VISTA program                  Assistance means VISTAs, leaders, or
                                                Subpart F—Summer Associates
                                                                                                        is to strengthen and supplement efforts               summer associates. ‘‘Assistance’’ also
                                                2556.500 How is a position for a summer                 to eliminate and alleviate poverty and                means technical assistance or training of
                                                    associate established in a project?                 poverty-related problems throughout the
                                                2556.505 How do summer associates differ                                                                      VISTAs, leaders, summer associates,
                                                                                                        United States and certain U.S.                        candidates, sponsors, or supervisors that
                                                    from other VISTAs?
                                                                                                        territories. To effect this purpose, the              are provided from funds appropriated
                                                Subpart G—VISTA Leaders                                 VISTA program encourages and enables                  by Congress for the purpose of
                                                2556.600 How is a position for a leader                 individuals from all walks of life to join            supporting activities under the DVSA.
                                                    established in a project, or in multiple            VISTA to perform, on a full-time basis,               ‘‘Assistance’’ also means grant funds.
                                                    projects within a contiguous geographic             meaningful and constructive service to                   Candidate, when used in the context
                                                    region?                                             assist in the solution of poverty and                 of an individual who has applied for
                                                2556.605 Who is eligible to apply to serve              poverty-related problems and secure                   VISTA service, means an individual
                                                    as a leader?
                                                                                                        opportunities for self-advancement of                 whose application for VISTA service
                                                2556.610 What is the application process to
                                                    apply to become a leader?                           persons afflicted by such problems.                   has been approved by CNCS, but who
                                                2556.615 Who reviews a leader application                  (b) The VISTA program objectives are               has not taken an oath, alternative oath
                                                    and who approves or disapproves a                   to:                                                   or affirmation to serve in the VISTA
                                                    leader application?                                    (1) Generate private sector resources;             program. Candidates may include those
                                                2556.620 How does a leader differ from                     (2) Encourage volunteer service at the             who were enrolled in the VISTA
                                                    other VISTAs?                                       local level;                                          program at a prior time.
                                                2556.625 What are terms and conditions of                  (3) Support efforts by local agencies                 Cost share means when an entity,
                                                    service for a leader?                               and community organizations to achieve                such as a VISTA sponsor, reimburses
                                                Subpart H—Restrictions and Prohibitions                 long-term sustainability of projects; and             CNCS part or all of the expenses
                                                on Political Activities and Lobbying                       (4) Strengthen local agencies and                  associated with the operation of a
                                                                                                        community organizations to carry out                  VISTA project, such as the costs for one
                                                2556.700 Who is covered by this subpart?
                                                                                                        the purpose of the VISTA program.                     or more VISTAs, leaders, or summer
                                                2556.705 What is prohibited political
                                                    activity?                                           § 2556.3    Who should read this part?                associates placed in a VISTA project.
                                                2556.710 What political activities are
                                                                                                          This part may be of interest to:                       CNCS means the Corporation for
                                                    VISTAs prohibited from engaging in?                                                                       National and Community Service,
                                                2556.715 What political activities may a
                                                                                                          (a) Private nonprofit organizations,
                                                                                                        public nonprofit organizations, state                 established pursuant to section 191 of
                                                    VISTA participate in?                                                                                     the National and Community Service
                                                2556.720 May VISTAs participate in                      government agencies, local government
                                                    political organizations?                            agencies, federal agencies, and tribal                Act of 1990, as amended, 42 U.S.C.
                                                2556.725 May VISTAs participate in                      government agencies who are                           12651. CNCS is also sometimes referred
                                                    political campaigns?                                participating in the VISTA program as                 to as ‘‘the Corporation.’’
                                                2556.730 May VISTAs participate in                      sponsors, or who are interested in                       Education award or Segal AmeriCorps
                                                    elections?                                          participating in the VISTA program as                 Education Award means an end-of-
                                                2556.735 May a VISTA be a candidate for                 sponsors.                                             service monetary benefit from CNCS’s
                                                    public office?                                        (b) Individuals 18 and older who are                National Service Trust that is directed to
                                                2556.740 May VISTAs participate in                                                                            designated educational institutions and
                                                    political fundraising activities?
                                                                                                        serving as a VISTA, or who are
                                                                                                        interested in serving as a VISTA.                     is awarded to certain qualifying VISTAs
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                                                2556.745 Are VISTAs prohibited from                                                                           who successfully complete an
                                                    soliciting or discouraging the political
                                                    participation of certain individuals?
                                                                                                        § 2556.5    What definitions apply in this            established term of VISTA service.
                                                                                                        part?                                                    Enroll, enrolled, or enrollment, when
                                                2556.750 What restrictions and prohibitions
                                                    are VISTAs subject to who campaign for                Act or DVSA means the Domestic                      used in the context of VISTA service,
                                                    a spouse or family member?                          Volunteer Service Act of 1973, as                     refers to the status of an individual
                                                2556.755 May VISTAs participate in lawful               amended, Public Law 93–113 (42 U.S.C.                 admitted to serve in the VISTA program.
                                                    demonstrations?                                     4951 et seq.).                                        The enrollment period commences


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                             63461

                                                when the Oath to serve in the VISTA                        Project director or VISTA project                  full-time for VISTA service in the
                                                program is taken by the candidate and                   director means a staff person, of legal               VISTA program, as authorized under
                                                ends upon termination from a term of                    age, of the sponsor, who has been                     title I of the DVSA.
                                                service in the VISTA program. The                       assigned by the sponsor the overall                      VISTA program means the Federal
                                                enrollment period may commence on a                     responsibility for the management of the              government program named Volunteers
                                                date earlier than the first day of a                    VISTA project.                                        in Service to America and authorized
                                                service assignment of an enrolled                          Sponsor, VISTA sponsor, or VISTA                   under title I of the Domestic Volunteer
                                                VISTA member.                                           project sponsor means a public agency                 Service Act of 1973, as amended, 42
                                                  Full-time, when used in the context of                or private non-profit organization that               U.S.C. 4950 et seq.
                                                VISTA service means service in which                    receives assistance under title I of the                 VISTA service means VISTA service
                                                a VISTA, leader, or summer associate                    DVSA, and is responsible for operating                activities performed by a VISTA
                                                remains available for service without                   and overseeing a VISTA project. A                     member while enrolled in the VISTA
                                                regard to regular working hours.                        public agency may be a federal, state,                program.
                                                  Leader, a leader, or a VISTA leader                   local or tribal government.
                                                                                                           State, when used as a noun, means                  § 2556.7 Are waivers of the regulations in
                                                means a VISTA member who is enrolled                                                                          this part allowed?
                                                for full-time VISTA service, and who is                 one of the several states in the United
                                                also subject to the terms of subpart G of               States of America, District of Columbia,                Upon a determination of good cause,
                                                this part.                                              Virgin Islands, Puerto Rico, Guam,                    the Chief Executive Officer of CNCS
                                                  Living allowance or living allowance                  American Samoa, and the                               may, subject to statutory limitations,
                                                payment means a monetary benefit paid                   Commonwealth of the Northern Mariana                  waive any provisions of this part.
                                                for subsistence purposes to a VISTA                     Islands.
                                                                                                           State Program Director means a CNCS                Subpart B—VISTA Sponsors
                                                member during VISTA service.
                                                  Memorandum of Agreement means a                       official who reports to an Area Manager
                                                                                                        or equivalent CNCS official, and who is                  Authority: 42 U.S.C. 4953(a), (f), 4954(b),
                                                written agreement between CNCS and a                                                                          (e), 4955(b), 4956, 5043(a)–(c), 5044(a)–(c),
                                                sponsor regarding the terms of the                      the head of a CNCS State Office.
                                                                                                           Stipend or end-of-service stipend                  (e), 5046, 5052, 5056, and 5057; 42 U.S.C.
                                                sponsor’s involvement and                                                                                     12651b (g)(10); E.O. 13279, 67 FR 77141, 3
                                                                                                        means an end-of-service lump-sum
                                                responsibilities in the VISTA program.                                                                        CFR, 2002 Comp., p. 2156.
                                                                                                        monetary benefit from CNCS that is
                                                  Nonpartisan election means:
                                                                                                        awarded to certain qualifying VISTAs,                 § 2556.100 Which entities are eligible to
                                                  (1) An election in which none of the
                                                                                                        who successfully complete an                          apply to become VISTA sponsors?
                                                candidates is to be nominated or elected
                                                                                                        established term of VISTA service.                      The following entities are eligible to
                                                as representing a political party any of                   Subrecipient means a public agency
                                                whose candidates for Presidential                                                                             apply to become VISTA sponsors, and
                                                                                                        or private non-profit organization that               thereby undertake projects in the U.S.
                                                elector received votes in the last                      enters into an agreement with a VISTA
                                                preceding election at which Presidential                                                                      and certain U.S. territories:
                                                                                                        sponsor to receive one or more VISTAs,                  (a) Private nonprofit organization.
                                                electors were selected; or                              and to carry out a set of activities,                   (b) Public nonprofit organization.
                                                  (2) An election involving a question                  assisted under this Part, to realize the                (c) State government or state
                                                or issue which is not specifically                      goals of title I of the DVSA. A public                government agency.
                                                identified with a political party, such as              agency may be a federal, state, local or                (d) Local government or local
                                                a constitutional amendment,                             tribal government.                                    government agency.
                                                referendum, approval of a municipal                        Summer associate means a VISTA                       (e) Tribal government or tribal
                                                ordinance, or any question or issue of a                member who is enrolled for VISTA                      government agency.
                                                similar character.                                      service, during a period between May 1
                                                  Oath means an avowal to VISTA                         and September 15, and who is also                     § 2556.105 Which entities are prohibited
                                                service, taken in accordance with 5                     subject to the terms of subpart H of this             from being VISTA sponsors?
                                                U.S.C. 3331, by an individual who is a                  part. A summer associate must be                        (a) An entity is prohibited from being
                                                U.S. citizen or national. The taking of                 available to provide continuous full-                 a VISTA sponsor or from otherwise
                                                the Oath effects an individual’s                        time service for a period of at least eight           receiving VISTA assistance if a
                                                enrollment into the VISTA program.                      weeks and a maximum of ten weeks.                     principal purpose or activity of the
                                                  On-duty or during service time means                     Supervisor or VISTA Supervisor                     entity includes any of the following:
                                                when a VISTA is either performing                       means a staff member, of legal age, of                  (1) Electoral activities. Any activity
                                                VISTA service or scheduled to do so.                    the sponsor or a subrecipient, who has                designed to influence the outcome of
                                                  Project or VISTA project means a set                  been assigned by the sponsor or the                   elections to any public office, such as
                                                of VISTA activities operated and                        subrecipient, the responsibility for the              actively campaigning for or against, or
                                                overseen by, and the responsibility of, a               day-to-day oversight of one or more                   supporting, candidates for public office;
                                                sponsor, and assisted under this Part to                VISTAs.                                               raising, soliciting, or collecting funds for
                                                realize the goals of title I of the DVSA.                  Tribe means any Indian tribe, band,                candidates for public office; or
                                                  Project applicant or VISTA project                    nation, or other organized group or                   preparing, distributing, providing funds
                                                applicant means an entity that submits                  community, including any Alaskan                      for campaign literature for candidates,
                                                an application to CNCS to operate,                      native village or regional village                    including leaflets, pamphlets, and
                                                oversee, and be responsible for a VISTA                 corporation as defined in or established              material designed for the print or
                                                project.                                                pursuant to the Alaska Native Claims                  electronic media.
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                                                  Project application or VISTA project                  Settlement Act, which is recognized by                  (2) Voter registration activities. Any
                                                application means the application                       the United States or the State in which               voter registration activity, such as
                                                materials prescribed by CNCS to                         it resides as eligible for special programs           providing transportation of individuals
                                                ascertain information on an applying                    and services provided to Indians                      to voter registration sites; providing
                                                entity’s eligibility and suitability to                 because of their status as Indians.                   assistance to individuals in the process
                                                operate, oversee, and be responsible for,                  VISTA member, a VISTA, or the                      of registering to vote, including
                                                a VISTA project.                                        VISTA means an individual enrolled                    determinations of eligibility; or


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                                                63462            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                disseminating official voter registration               § 2556.125 May CNCS deny or reduce                      (c) If the recipient requests an
                                                material.                                               VISTA assistance to an existing VISTA                 informal hearing, in accordance with
                                                                                                        project?                                              paragraph (b) of this section, such
                                                  (3) Transportation to the polls.
                                                Providing voters or prospective voters                     (a) CNCS may deny or reduce VISTA                  hearing shall be held at a date specified
                                                with transportation to the polls or                     assistance where a denial or reduction                by CNCS and held at a location
                                                raising, soliciting, or collecting funds for            is based on:                                          convenient to the sponsor.
                                                                                                           (1) Legislative requirement;                         (d) If CNCS’s proposed decision is
                                                such activities.
                                                                                                           (2) Availability of funding;                       based on ineffective management of
                                                  (b) Any organization that, subsequent                    (3) Failure to comply with applicable              resources, or on the substantial failure
                                                to the receipt of VISTA assistance,                     term(s) or condition(s) of a contract,                to comply with CNCS policy and overall
                                                makes as one of its principal purposes                  grant agreement, or an applicable                     objectives under a contract, grant
                                                or activities any of the activities                     Memorandum of Agreement;                              agreement, or an applicable
                                                described in paragraph (a) of this                         (4) Ineffective management of CNCS                 Memorandum of Agreement, CNCS
                                                section shall be subject to the                         resources;                                            shall inform the sponsor in the notice of
                                                procedures in §§ 2556.125 through                          (5) Substantial failure to comply with             proposed decision of the opportunity to
                                                2556.145.                                               CNCS policy and overall objectives                    show cause why VISTA assistance
                                                                                                        under a contract, grant agreement, or                 should not be denied or reduced, as
                                                § 2556.110 What VISTA assistance is
                                                available to a sponsor?                                 applicable Memorandum of Agreement;                   appropriate. CNCS shall retain full
                                                                                                        or                                                    authority to make the final
                                                  (a) A sponsor may be approved for                        (6) General policy.                                determination whether the VISTA
                                                one or more VISTA positions.                               (b) In instances where the basis for               assistance at issue shall be denied or
                                                  (b) A sponsor, upon review and                        denial or reduction of VISTA assistance               reduced, as appropriate.
                                                approval by CNCS to establish a leader                  may also be the basis for the suspension                (e) The recipient shall be informed of
                                                position or positions, and in accordance                or termination of a VISTA project under               CNCS’s final determination on whether
                                                with criteria set forth at subpart G of                 this subpart, CNCS shall not be limited               the VISTA assistance at issue shall be
                                                this part, may be approved for one or                   to the use of this section to the                     denied or reduced, and the basis for the
                                                more leader positions.                                  exclusion of the procedures for                       determination.
                                                                                                        suspension or termination in this                       (f) The procedure in this section does
                                                  (c) A sponsor, upon approval by
                                                                                                        subpart.                                              not apply to a denial or reduction of
                                                CNCS to establish a summer associate
                                                position or positions, and in accordance                                                                      VISTA assistance based on legislative
                                                                                                        § 2556.130 What is the procedure for
                                                with criteria set forth at subpart F of this            denial or reduction of VISTA assistance to            requirements, availability of funding, or
                                                part, may be approved for one or more                   an existing VISTA project?                            on general policy.
                                                summer associate positions.                               (a) CNCS shall notify the sponsor in                § 2556.135 What is suspension and when
                                                  (d) A sponsor may be eligible to                      writing, at least 75 calendar days before             may CNCS suspend a VISTA project?
                                                receive certain grant assistance under                  the anticipated denial or reduction of                   (a) Suspension is any action by CNCS
                                                the terms determined and prescribed by                  VISTA assistance, that CNCS proposes                  temporarily suspending or curtailing
                                                CNCS.                                                   to deny or reduce VISTA assistance.                   assistance, in whole or in part, to all or
                                                                                                        CNCS’s written notice shall state the                 any part of a VISTA project, prior to the
                                                  (e) A sponsor may receive training
                                                                                                        reasons for the decision to deny or                   time that the project term is concluded.
                                                and technical assistance related to
                                                                                                        reduce assistance and shall provide an                Suspension does not include the denial
                                                carrying out purposes of title I of the
                                                                                                        opportunity period for the sponsor to                 or reduction of new or additional VISTA
                                                DVSA.
                                                                                                        respond to the merits of the proposed                 assistance.
                                                § 2556.115 Is a VISTA sponsor required to               decision. CNCS retains sole authority to                 (b) In an emergency situation for up
                                                provide a cash or in-kind match?                        make the final determination whether                  to 30 consecutive days, CNCS may
                                                                                                        the VISTA assistance at issue shall be                suspend assistance to a sponsor, in
                                                   (a) A sponsor is not required to
                                                                                                        denied or reduced, as appropriate.                    whole or in part, for the sponsor’s
                                                provide a cash match for any of the
                                                                                                          (b) Where CNCS’s notice of proposed                 material failure or threatened material
                                                assistance listed in § 2556.110.
                                                                                                        decision is based upon a specific charge              failure to comply with an applicable
                                                   (b) A sponsor must provide                           of the sponsor’s failure to comply with               term(s) or condition(s) of the DVSA, the
                                                supervision, work space, service-related                the applicable term(s) or condition(s) of             regulations in this part, VISTA program
                                                transportation, and any other materials                 a contract, grant agreement, or an                    policy, or an applicable Memorandum
                                                necessary to operate and complete the                   applicable Memorandum of Agreement,                   of Agreement. Such suspension in an
                                                VISTA project and support the VISTA.                    the notice shall offer the sponsor an                 emergency situation shall be pursuant to
                                                § 2556.120 How does a VISTA sponsor
                                                                                                        opportunity period to respond in                      notice and opportunity to show cause
                                                ensure the participation of people in the               writing to the notice, with any affidavits            why assistance should not be
                                                communities to be served?                               or other supporting documentation, and                suspended.
                                                                                                        to request an informal hearing before a                  (c) To initiate suspension
                                                  (a) To the maximum extent                             mutually agreed-upon impartial hearing                proceedings, CNCS shall notify the
                                                practicable, the people of the                          officer. The authority of such a hearing              sponsor in writing that CNCS is
                                                communities to be served by VISTA                       officer shall be limited to conducting                suspending assistance in whole or in
                                                members shall participate in planning,                  the hearing and offering                              part. The written notice shall contain
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                                                developing, and implementing                            recommendations to CNCS. Regardless                   the following:
                                                programs.                                               of whether or not an informal hearing                    (1) The grounds for the suspension
                                                  (b) The sponsor shall articulate in its               takes place, CNCS shall retain full                   and the effective date of the
                                                project application how it will engage or               authority to make the final                           commencement of the suspension;
                                                continue to engage relevant                             determination whether the VISTA                          (2) The sponsor’s right to submit
                                                communities in the development and                      assistance is denied or reduced, as                   written material in response to the
                                                implementation of programs.                             appropriate.                                          suspension to show why the VISTA


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                         63463

                                                assistance should not be suspended, or                     (3) Invitation of voluntary action by                 (d) A VISTA may not perform any
                                                should be reinstated, as appropriate;                   the sponsor to adequately correct the                 services or duties, or engage in activities
                                                and                                                     deficiency or deficiencies which led to               as a VISTA member, which impair
                                                   (3) The opportunity to adequately                    CNCS’s notice of proposed termination.                existing contracts for service.
                                                correct the deficiency, or deficiencies,                   (d) In deciding whether to effect                     (e) The requirements of paragraphs (b)
                                                which led to CNCS’s notice of                           termination of VISTA assistance, CNCS                 through (d) of this section do not apply
                                                suspension.                                             shall consider any relevant, timely                   when the sponsor requires the service in
                                                   (d) In deciding whether to continue or               material presented in writing; any                    order to avoid or relieve suffering
                                                lift the suspension, as appropriate,                    relevant material presented during the                threatened by, or resulting from, a
                                                CNCS shall consider any timely material                 course of any full and fair hearing; as               disaster, civil disturbance, terrorism, or
                                                presented in writing, any material                      well as, any showing that the sponsor                 war.
                                                presented during the course of any                      has adequately corrected the deficiency                  (f) A sponsor or subrecipient shall not
                                                informal meeting, as well as any                        which led to the initiation of                        request or receive any compensation
                                                showing that the sponsor has adequately                 termination proceedings.                              from a VISTA; from a beneficiary of
                                                corrected the deficiency which led to                      (e) Regardless of whether or not a full            VISTA project services; or any other
                                                the initiation of suspension.                           and fair hearing takes place, CNCS shall              source for services of a VISTA.
                                                   (e) During the period of suspension of               retain all authority to make the final
                                                a sponsor, no new expenditures, if                      determination as to whether the                       § 2556.155 May a sponsor manage a VISTA
                                                applicable, shall be made by the                        termination of VISTA assistance is                    project through a subrecipient?
                                                sponsor’s VISTA project at issue and no                 appropriate.                                             (a) A sponsor may carry out a VISTA
                                                new obligations shall be incurred in                       (f) The sponsor shall be informed of               project through one or more
                                                connection with the VISTA project at                    CNCS’s final determination on the                     subrecipients that meet the eligibility
                                                issue except as specifically authorized                 proposed termination of VISTA                         criteria of § 2556.100.
                                                in writing by CNCS.                                     assistance, and the basis or bases for the               (b) The sponsor must enter into a
                                                   (f) CNCS may, in its discretion,                     determination.                                        subrecipient agreement with each
                                                modify the terms, conditions, and                          (g) CNCS may, in its discretion,                   subrecipient. A subrecipient agreement
                                                nature of the suspension or rescind the                 modify the terms, conditions, and                     must have at least the following
                                                suspension action at any time on its                    nature of a termination action or rescind             elements:
                                                own initiative or upon a showing that                   a termination action at any time on its                  (1) A project plan to be implemented
                                                the sponsor has adequately corrected                    own initiative or upon a showing that                 by the subrecipient;
                                                the deficiency or deficiencies which led                the sponsor has adequately corrected                     (2) Records to be kept and reports to
                                                to the suspension and that repetition is                the deficiency which led to the                       be submitted;
                                                not foreseeable.                                        termination, or the initiation of                        (3) Responsibilities of the parties and
                                                                                                        termination proceedings, and that                     other program requirements; and
                                                § 2556.140 What is termination and when                 repetition is not threatened.                            (4) Suspension and termination
                                                may CNCS terminate a VISTA project?                                                                           policies and procedures.
                                                   (a) Termination means any action by                  § 2556.145 May CNCS pursue other
                                                                                                                                                                 (c) The sponsor retains the
                                                CNCS permanently terminating or                         remedies against a VISTA project for a
                                                                                                        sponsor’s material failure to comply with             responsibility for compliance with a
                                                curtailing assistance to all or any part of             any other requirement not set forth in this           Memorandum of Agreement; the
                                                a sponsor’s VISTA project prior to the                  subpart?                                              applicable regulations in this Part; and
                                                time that the project term is concluded.                                                                      all applicable policies, procedures, and
                                                                                                          The procedures established by this
                                                   (b) CNCS may terminate assistance to                                                                       guidance issued by CNCS regarding the
                                                                                                        subpart shall not preclude CNCS from
                                                a sponsor in whole or in part for the                                                                         VISTA program.
                                                                                                        pursuing any other remedies authorized
                                                sponsor’s material failure to comply                                                                             (d) A sponsor shall not request or
                                                                                                        by law.
                                                with an applicable term(s) or                                                                                 receive any compensation from a
                                                condition(s) of the DVSA, the                           § 2556.150 What activities are VISTA                  subrecipient for services performed by a
                                                regulations in this part, VISTA program                 members not permitted to perform as part              VISTA.
                                                policy, or an applicable Memorandum                     of service?                                              (e) A sponsor shall not receive
                                                of Agreement.                                             (a) A VISTA may not perform any                     payment from, or on behalf of, the
                                                   (c) To initiate termination                          activities in the project application that            subrecipient for costs of the VISTA
                                                proceedings, CNCS shall notify the                      do not correspond with the purpose of                 assistance, except in two limited
                                                sponsor in writing that CNCS is                         the VISTA program, as described in                    circumstances:
                                                proposing to terminate assistance in                    § 2556.1, or that the Director has                       (1) For reasonable and actual costs
                                                whole or in part. The written notice                    otherwise prohibited.                                 incurred by the sponsor directly related
                                                shall contain the following:                              (b) A VISTA may not perform services                to the subrecipient’s participation in a
                                                   (1) A description of the VISTA                       or duties as a VISTA member that                      VISTA project; and
                                                assistance proposed for termination, the                would otherwise be performed by                          (2) For any cost share related to a
                                                grounds that warrant such proposed                      employed workers or other volunteers                  VISTA placed with the subrecipient in
                                                termination, and the proposed date of                   (not including participants under the                 the VISTA project.
                                                effective termination;                                  DVSA and the National and Community
                                                   (2) Instructions regarding the                       Service Act of 1990, as amended).                     § 2556.160 What are the sponsor’s
                                                sponsor’s opportunity, within 21                          (c) A VISTA may not perform any                     requirements for cost share projects?
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                                                calendar days from the date of issuance                 services or duties, or engage in activities             (a) A sponsor shall enter into a
                                                of the notice, to respond in writing to                 as a VISTA member, that supplant the                  written agreement for cost share as
                                                the merits of the proposed termination                  hiring of or result in the displacement               prescribed by CNCS.
                                                and instructions regarding the sponsor’s                of employed workers or other volunteers                 (b) A sponsor shall make timely cost
                                                right to request a full and fair hearing                (not including participants under the                 share payments as prescribed by CNCS
                                                before a mutually agreed-upon impartial                 DVSA or the National and Community                    and applicable federal law and
                                                hearing officer; and                                    Service Act of 1990, as amended).                     regulations.


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                                                63464            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                  (c) In addition to other sources of                   national service legislation and                       § 2556.205 What commitments and
                                                funds, a sponsor may use funds from                     implementing regulations; and                          agreements must an individual make to
                                                federal, state, or local government                        (2) The procedure for filing a                      serve in the VISTA program?
                                                agencies, provided the requirements of                  discrimination complaint. No sponsor                      (a) To the maximum extent
                                                those agencies and their programs are                   or subrecipient, or sponsor or                         practicable, the individual must make a
                                                met.                                                    subrecipient employee, or individual                   full-time commitment to remain
                                                  (d) Subject to review and approval by                 with responsibility for the                            available for service without regard to
                                                CNCS, CNCS may enter into an                            implementation or operation of a                       regular working hours, at all times
                                                agreement with another entity to receive                sponsor or a subrecipient, shall                       during his or her period of service,
                                                and utilize funds to make cost share                    discriminate against a VISTA on the                    except for authorized periods of leave.
                                                payments on behalf of the sponsor.                      basis of race, color, national origin,                    (b) To the maximum extent
                                                                                                        gender, age, religion, or political                    practicable, the individual must make a
                                                § 2556.165 What Fair Labor Standards                                                                           full-time personal commitment to
                                                                                                        affiliation. No sponsor or subrecipient,
                                                apply to VISTA sponsors and
                                                subrecipients?                                          or sponsor or subrecipient employee, or                alleviate poverty and poverty-related
                                                                                                        individual with responsibility for the                 problems, and to live among and at the
                                                  All sponsors and subrecipients that                   implementation or operation of a                       economic level of the low-income
                                                employ laborers and mechanics for                       sponsor or a subrecipient, shall                       people served by the project.
                                                construction, alteration, or repair of                  discriminate against a VISTA on the                       (c) The individual’s service cannot be
                                                facilities shall pay wages at prevailing                basis of disability, if the VISTA is a                 used to satisfy service requirements of
                                                rates as determined by the Secretary of                 qualified individual with a disability.                parole, probation, or community service
                                                Labor in accordance with the Davis-                                                                            prescribed by the criminal justice
                                                Bacon Act, as amended, 40 U.S.C. 276a.                  § 2556.175 What limitations are VISTA                  system.
                                                                                                        sponsors subject to regarding religious
                                                § 2556.170 What nondiscrimination                       activities?
                                                                                                                                                                  (d) A VISTA candidate or member
                                                requirements apply to sponsors and                                                                             agrees to undergo an investigation into
                                                subrecipients?                                            (a) A VISTA shall not give religious                 his or her criminal history or
                                                                                                        instruction, conduct worship services or               background as a condition of
                                                  (a) An individual with responsibility
                                                                                                        engage in any form of proselytizing as                 enrollment, or continued enrollment, in
                                                for the operation of a project that
                                                                                                        part of his or her duties.                             the VISTA program.
                                                receives CNCS assistance must not
                                                                                                          (b) A sponsor or subrecipient may
                                                discriminate against a participant in, or
                                                                                                        retain its independence and may                        § 2556.210 Who reviews and approves an
                                                member of the staff of, such project on                                                                        application for VISTA service?
                                                                                                        continue to carry out its mission,
                                                the basis of race, color, national origin,
                                                                                                        including the definition, development,                   CNCS has the final authority to
                                                sex, age, or political affiliation of such
                                                                                                        practice, and expression of its religious              approve or deny VISTA applications for
                                                participant or staff member, or on the
                                                                                                        beliefs, provided that it does not use any             VISTA service.
                                                basis of disability, if the participant or
                                                                                                        CNCS assistance, including the services
                                                staff member is a qualified individual                                                                         Subpart D—Terms, Protections, and
                                                                                                        of any VISTA or VISTA assistance, to
                                                with a disability.                                                                                             Benefits of VISTA Members
                                                                                                        support any inherently religious
                                                  (b) Any CNCS assistance constitutes
                                                                                                        activities, such as worship, religious
                                                Federal financial assistance for purposes                                                                        Authority: 42 U.S.C. 4954(a), (b), (d), 4955,
                                                                                                        instruction, or proselytizing, as part of
                                                of title VI of the Civil Rights Act of 1964                                                                    5044(e), 5055, and 5059; 42 U.S.C. 12602(c).
                                                                                                        the programs or services assisted by the
                                                (42 U.S.C. 2000d et seq.), title IX of the
                                                                                                        VISTA program. If a VISTA sponsor or                   § 2556.300 Is a VISTA considered a
                                                Education Amendments of 1972 (20
                                                                                                        subrecipient conducts such inherently                  Federal employee and is a VISTA
                                                U.S.C. 1681 et seq.), section 504 of the
                                                                                                        religious activities, the activities must              considered an employee of the sponsor?
                                                Rehabilitation Act of 1973 (29 U.S.C.
                                                                                                        be offered separately, in time or                         (a) Except for the purposes listed here,
                                                794), and the Age Discrimination Act of
                                                                                                        location, from the programs or services                a VISTA is not considered an employee
                                                1975 (42 U.S.C. 6101 et seq.), and
                                                                                                        assisted under this Part by the VISTA                  of the Federal Government. A VISTA is
                                                constitutes Federal financial assistance
                                                                                                        program.                                               considered a Federal employee only for
                                                to an education program or activity for
                                                purposes of the Education Amendments                    Subpart C—VISTA Members                                the following purposes:
                                                of 1972 (20 U.S.C. 1681 et seq.).                                                                                 (1) Federal Tort Claims Act—28
                                                  (c) An individual with responsibility                   Authority: 42 U.S.C. 4953(b)(3), (f),
                                                                                                                                                               U.S.C. 1346(b); 28 U.S.C. 2671–2680;
                                                for the operation of a project that                     4954(a)–(c), 5044(e).                                     (2) Federal Employees’ Compensation
                                                receives CNCS assistance may not                                                                               Act—5 U.S.C. chapter 81, subchapter 1;
                                                discriminate on the basis of religion                   § 2556.200        Who may apply to serve as a             (3) Hatch Act—5 U.S.C. chapter 73,
                                                against a participant in such project or                VISTA?                                                 subchapter III;
                                                a member of the staff of such project                      An individual may apply to serve as                    (4) Internal Revenue Service Code—
                                                who is paid with CNCS funds. This                       a VISTA if all the following                           26 U.S.C. 1 et seq.; and
                                                provision does not apply to the                         requirements are met:                                     (5) Title II of the Social Security Act—
                                                employment (with CNCS assistance) of                       (a) The individual is at least eighteen             42 U.S.C. 401 et seq.
                                                any staff member of a CNCS-supported                    years of age upon taking an oath or                       (b) A VISTA is not considered a
                                                project who was employed with the                       affirmation, as appropriate, to enter                  federal employee for any purposes other
                                                organization operating the project on the               VISTA service. There is no upper age                   than those set forth in paragraph (a) of
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                                                date the CNCS assistance was awarded.                   limit.                                                 this section.
                                                  (d) Sponsors must notify all program                     (b) The individual is a United States                  (c) A VISTA is not covered by Federal
                                                participants, staff, applicants, and                    citizen or national, or is legally residing            or state unemployment compensation
                                                beneficiaries of:                                       within a state. For eligibility purposes,              related to their enrollment or service in
                                                  (1) Their rights under applicable                     a lawful permanent resident alien is                   the VISTA program. A VISTA’s service
                                                federal nondiscrimination laws,                         considered to be an individual who is                  is not considered employment for
                                                including relevant provisions of the                    legally residing within a state.                       purposes of eligibility for, or receipt of,


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                         63465

                                                federal, state, or any other                            § 2556.315 What are terms and conditions              Education Award may, upon successful
                                                unemployment compensation.                              for official travel for a VISTA?                      completion of service, be eligible to
                                                   (d) Monetary allowances, such as                        (a) CNCS may provide official travel               receive up to 100 percent of the interest
                                                living allowances that VISTAs receive                   for a VISTA candidate or a VISTA, as                  accrued on a qualified student loan,
                                                during VISTA service are not                            appropriate, to attend CNCS-directed                  consistent with the applicable
                                                considered wages. Monetary                              activities, such as pre-service training,             provisions of 45 CFR part 2529.
                                                allowances, such as living allowances,                  placement at the project site, in-service                (3) A VISTA is not eligible to receive
                                                that VISTAs receive during VISTA                        training events, and return from the                  more than an amount equal to the
                                                service are considered income for such                  project site to home of record.                       aggregate value of two full-time Segal
                                                purposes as Federal income tax and                         (b) CNCS must approve all official                 AmeriCorps Education Awards in his or
                                                Social Security.                                        travel of a VISTA candidate or a VISTA,               her lifetime.
                                                   (e) A VISTA is not, under any                        including the mode of travel.                            (4) Other than for a summer associate,
                                                circumstances, considered an employee                      (c) CNCS may provide for official                  the amount of a Segal AmeriCorps
                                                of the sponsor or subrecipient to which                 emergency travel for a VISTA in case of               Education Award for the successful
                                                he or she is assigned to serve. No VISTA                a natural disaster or the critical illness            completion of a VISTA term of service
                                                is in an employment relationship with                   or death of an immediate family                       is equal to the maximum amount of a
                                                the sponsor or subrecipient to which he                 member.                                               Federal Pell Grant under Section 401 of
                                                or she is assigned. The sponsor is not                                                                        the Higher Education Act of 1965 (20
                                                authorized to make contributions to any                 § 2556.320 What benefits may a VISTA                  U.S.C. 1070a) that a student eligible for
                                                state unemployment compensation fund                    receive during VISTA service?                         such grant may receive in the aggregate
                                                on a VISTA’s behalf.                                       (a) A VISTA receives a living                      for the fiscal year in which the VISTA
                                                                                                        allowance computed on a daily rate.                   has enrolled in the VISTA program.
                                                § 2556.305 What is the duration and scope               Living allowances vary according to the                  (h) A VISTA who does not elect to
                                                of service for a VISTA?                                 local cost-of-living in the project area              receive a Segal AmeriCorps Education
                                                  (a) To serve as a VISTA, an individual                where the VISTA is assigned.                          Award, upon successful completion of
                                                makes a full-time commitment for a                         (b) Subject to a maximum amount,                   service, receives an end-of-service
                                                minimum of one year, without regard to                  and at the discretion and upon approval               stipend in an amount prescribed by
                                                regular working hours.                                  of CNCS, a VISTA may receive payment                  CNCS.
                                                  (b) A VISTA carries out activities in                 for settling-in expenses, as determined                  (i) In the event that a VISTA does not
                                                accordance with the purpose of the                      by CNCS.                                              successfully complete a full term of
                                                VISTA program, as described in                             (c) Subject to a maximum amount,                   service, a VISTA shall not receive a pro-
                                                § 2556.1.                                               and at the discretion of CNCS, in the                 rated Segal AmeriCorps Education
                                                  (c) To the maximum extent                             event of an emergency (such as theft,                 Award or a pro-rated end-of-service
                                                practicable, the VISTA shall live among                 fire loss, or special clothing necessitated           stipend, except in cases where the
                                                and at the economic level of the low-                   by severe climate), a VISTA may receive               appropriate State Program Director
                                                income community served by the                          an emergency expense payment in order                 determines the VISTA did not
                                                project, and actively seek opportunities                to resume VISTA service activities, as                successfully complete a full term of
                                                to engage with that low-income                          determined and approved by CNCS.                      service because of a compelling,
                                                community without regard to regular                        (d) Subject to a maximum amount,                   personal circumstance. Examples of a
                                                work hours.                                             and at the discretion of CNCS, a VISTA                compelling, personal circumstance are:
                                                  (d) A VISTA carries out service                       may receive a baggage allowance for the               Serious medical condition or disability
                                                activities in conformance with the                      actual costs of transporting personal                 of a VISTA during VISTA service;
                                                sponsor’s approved project application,                 effects to the project site to which the              critical illness or disability of a VISTA’s
                                                including any description of a VISTA                    VISTA is assigned to serve, as                        immediate family member (spouse,
                                                assignment as contained in the project                  determined by CNCS.                                   domestic partner, parent, sibling, child,
                                                application; and, in conformance with                      (e) To the extent eligible, a VISTA                or guardian) if this event makes
                                                the purpose of title I of the DVSA. In                  may receive health care through a health              completing a term of service
                                                any case where there is a conflict                      benefits program provided by CNCS.                    unreasonably difficult; or unusual
                                                between the project application and the                    (f) To the extent eligible, a VISTA may            conditions not attributable to the
                                                DVSA, the DVSA takes precedence.                        receive child care support through a                  VISTA, such as natural disaster, strike,
                                                  (e) Under no circumstances may an                     child care program provided by CNCS.                  or premature closing of a project, that
                                                individual be enrolled to serve as a                       (g) To the extent eligible, a VISTA                make completing a term unreasonably
                                                VISTA beyond five years.                                may elect to receive a Segal AmeriCorps               difficult or infeasible.
                                                § 2556.310 What are the lines of                        Education Award, and upon successful                     (j) In the event of a VISTA’s death
                                                supervision or oversight of a VISTA, a                  completion of service, receive that                   during service, his or her family or
                                                VISTA sponsor, and CNCS during a VISTA’s                award in an amount prescribed by                      others that he or she named as
                                                term of service?                                        CNCS, in accordance with the                          beneficiary in accordance with section
                                                   (a) The VISTA sponsor is responsible                 applicable provisions of 45 CFR parts                 5582 of title 5, United States Code, shall
                                                for the day-to-day supervision and                      2526, 2527, and 2528.                                 be paid a pro-rated end-of-service
                                                oversight of the VISTA.                                    (1) A VISTA is eligible to elect to                stipend for the period during which the
                                                   (b) CNCS is responsible for ongoing                  receive a Segal AmeriCorps Education                  VISTA served. If the VISTA had elected
                                                monitoring and oversight of the VISTA                   Award if he or she is a citizen, national,            to receive the Segal AmeriCorps
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                                                sponsor’s project where the VISTA is                    or lawful permanent resident alien of                 Education Award for successful
                                                assigned. CNCS is responsible for                       the United States.                                    completion of a full term of VISTA
                                                selecting the VISTA, assigning the                         (2) A VISTA who elects a Segal                     service, prior to payment to the named
                                                VISTA to a project, removal of a VISTA                  AmeriCorps Education Award is eligible                beneficiary, CNCS shall convert that
                                                from a project, and VISTA separation                    to request forbearance of a student loan              election to an end-of-service stipend
                                                actions such as termination from the                    from his or her loan-holder. A VISTA                  and pay the VISTA’s family, or others
                                                VISTA program.                                          who elects a Segal AmeriCorps                         that he or she named as beneficiary, a


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                                                63466            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                pro-rated end-of-service stipend                        offense or misdemeanor, such as a                     paragraph (a) of this section, warrants
                                                accordingly.                                            minor vehicle violation.                              extension.
                                                                                                           (d) Notwithstanding paragraphs (a)
                                                § 2556.325 May a VISTA be provided                      through (c) of this section, there may be             § 2556.345   Who may present a grievance?
                                                coverage for legal defense expenses related             situations in which the criminal                        (a) Under the VISTA program
                                                to VISTA service?                                                                                             grievance procedure, a grievance may be
                                                                                                        proceedings at issue arise from a matter
                                                  Under certain circumstances, as set                   that also gives rise to a civil claim under           presented by any individual who is
                                                forth in §§ 2556.330 through 2556.335,                  the Federal Tort Claims Act. In such a                currently enrolled as a VISTA in the
                                                CNCS may pay reasonable legal defense                   situation, the U.S. Department of Justice             VISTA program or who was enrolled as
                                                expenses incurred in judicial or                        may, on behalf of the United States,                  a VISTA in the VISTA program within
                                                administrative proceedings for the                      agree to defend the VISTA. If the U.S.                the past 30 calendar days.
                                                defense of a VISTA serving in the                       Department of Justice agrees to defend                  (b) A VISTA’s grievance shall not be
                                                VISTA program. Such covered legal                       the VISTA member, unless there is a                   construed as reflecting on the VISTA’s
                                                expenses consist of counsel fees, court                 conflict between the VISTA member’s                   standing, performance, or desirability as
                                                costs, bail, and other expenses                         interest and that of the United States,               a VISTA.
                                                incidental to a VISTA’s legal defense.                  CNCS will not pay for expenses                          (c) A VISTA who presents a grievance
                                                                                                        associated with any additional legal                  shall not be subjected to restraint,
                                                § 2556.330 When may a VISTA be provided                                                                       interference, coercion, discrimination,
                                                coverage for legal defense expenses related             representation (such as counsel fees for
                                                                                                        private counsel) for the VISTA member.                or reprisal because of presentation of
                                                to criminal proceedings?                                                                                      views.
                                                   (a) For the legal defense of a VISTA                 § 2556.335 When may a VISTA be provided
                                                member who is charged with a criminal                   coverage for legal defense expenses related           § 2556.350 What matters are considered
                                                offense related to the VISTA member’s                   to civil or administrative proceedings?               grievances?
                                                service, up to and including                              For the legal defense in Federal, state,               (a) Under the VISTA program
                                                arraignment in Federal, state, and local                and local civil judicial and                          grievance procedure, grievances are
                                                criminal proceedings, CNCS may pay                      administrative proceedings of a VISTA                 matters of concern, brought by a VISTA,
                                                actual and reasonable legal expenses.                   member, CNCS may also pay actual and                  that arise out of, and directly affect, the
                                                CNCS is not required to pay any                         reasonable legal expenses, where:                     VISTA’s service situation or that arise
                                                expenses for the legal defense of a                       (a) The complaint or charge is against              out of a violation of a policy, practice,
                                                VISTA member where he or she is                         the VISTA, and is directly related to his             or regulation governing the terms or
                                                charged with a criminal offense arising                 or her VISTA service and not to his or                conditions of the VISTA’s service, such
                                                from alleged activity or action that is                 her personal activities or obligations;               that the violation results in the denial or
                                                unrelated to that VISTA’s service.                        (b) The VISTA has not admitted to                   infringement of a right or benefit to the
                                                   (b) A VISTA member’s service is                      willfully or knowingly pursuing a                     VISTA member.
                                                clearly unrelated to a charged offense:                 course of conduct that would result in                   (b) Matters not within the definition
                                                   (1) When the activity or action is                   the plaintiff or complainant initiating               of a grievance as defined in paragraph
                                                alleged to have occurred prior to the                   such a proceeding; and                                (a) of this section are not grievable, and
                                                VISTA member’s VISTA service.                             (c) The judgment sought involves a                  therefore, are excluded from the VISTA
                                                   (2) When the VISTA member is not at                  monetary award that exceeds $1,000.                   program grievance procedure. Though
                                                his or her assigned project location,                                                                         not exhaustive, examples of matters
                                                                                                        § 2556.340 What is non-competitive                    excluded from the VISTA program
                                                such as during periods of approved                      eligibility and who is eligible for it?               grievance procedure are:
                                                leave, medical leave, emergency leave,                    (a) Non-competitive eligibility is a                   (1) Those matters related to a
                                                or in administrative hold status in the                 status attained by an individual such                 sponsor’s or project’s continuance or
                                                VISTA program.                                          that the individual is eligible for                   discontinuance; the number of VISTAs
                                                   (3) When the activity or action is                   appointment by a Federal agency in the                assigned to a VISTA project; the
                                                alleged to have occurred at or near his                 Executive branch, into a civil service                increases or decreases in the level of
                                                or her assigned project, but is clearly not             position in the federal competitive                   support provided to a VISTA project;
                                                part of, or required by, the VISTA                      service, in accordance with 5 CFR                     the suspension or termination of a
                                                member’s service assignment.                            315.605.                                              VISTA project; or the selection or
                                                   (c) For the legal defense, beyond                      (b) An individual who successfully                  retention of VISTA project staff.
                                                arraignment in Federal, state, and local                completes at least a year-long term of                   (2) Those matters for which a separate
                                                criminal proceedings, of a VISTA                        service as a VISTA, and who has not                   administrative procedure or complaint
                                                member who is charged with a criminal                   been terminated for cause from the                    process is provided, such as early
                                                offense, CNCS may also pay actual and                   VISTA program at any time, retains non-               termination for cause, claims of
                                                reasonable legal expenses:                              competitive eligibility status for one                discrimination during service, and
                                                   (1) When the charged offense against                 year following the end of the term of                 federal worker’s compensation claims
                                                the VISTA member relates exclusively                    service as a VISTA.                                   filed for illness or injury sustained in
                                                to his or her VISTA assignment or status                  (c) In addition to the retention of the             the course of carrying out VISTA
                                                as a VISTA member;                                      one year of non-competitive eligibility               activities.
                                                   (2) When the charge offense against                  status as provided in paragraph (b) of                   (3) Those matters related to any law,
                                                the VISTA member arises from an                         this section, an individual’s non-                    published rule, regulation, policy, or
                                                alleged activity or action that is a part               competitive eligibility status may                    procedure.
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                                                of, or required by, the VISTA member’s                  extend for two more years to a total of                  (4) Those matters related to housing
                                                VISTA assignment;                                       three years if the individual is:                     during a VISTA member’s service.
                                                   (3) When the VISTA member has not                      (1) In the military service;                           (5) Those matters which are, by law,
                                                admitted a willful or knowing violation                   (2) Studying at a recognized                        subject to final administrative review
                                                of law; or                                              institution of higher learning; or                    outside CNCS.
                                                   (4) When the charged offense against                   (3) In another activity which, in the                  (6) Those matters related to actions
                                                the VISTA member is not a minor                         view of the federal agency referenced in              taken, or not taken, by a VISTA sponsor


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                             63467

                                                or subrecipient, or CNCS, in compliance                    (4) If the grievance brought by a                  response of the State Program Director
                                                with or in order to fulfill the terms of                VISTA involves a matter over which the                to the grievance, as set forth in
                                                a contract, grant, or other agreement                   sponsor has no substantial control or if              § 2556.360(b)(3). To be eligible to appeal
                                                related to the VISTA program.                           the sponsor’s representative is the                   a grievance response to the Area
                                                   (7) Those matters related to the                     supervisor of the VISTA, the VISTA                    Manager, the VISTA must have
                                                internal management of CNCS, unless                     may pass over the procedure set forth in              exhausted all appropriate actions as set
                                                such matters are shown to specifically                  paragraphs (a)(1) through (3) of this                 forth in § 2556.360.
                                                and directly affect the VISTA’s service                 section, and present the grievance in                    (b) A VISTA’s grievance appeal must
                                                situation or terms or conditions of his or              writing directly to the State Program                 be in writing and contain sufficient
                                                her VISTA service.                                      Director, as described in paragraph (b)               detail to identify the subject matter of
                                                                                                        of this section.                                      the grievance, specify the relief
                                                § 2556.355 May a VISTA have access to                      (b) Bringing a grievance—Step 2. (1)               requested, and be signed by the VISTA.
                                                records as part of the VISTA grievance
                                                                                                        If, after a VISTA brings a grievance as                  (c) The VISTA must submit a
                                                procedure?
                                                                                                        set forth in paragraphs (a)(1) and (2) of             grievance appeal to the appropriate Area
                                                  (a) A VISTA is entitled to review any                 this section, the matter is not resolved,             Manager no later than 10 calendar days
                                                material in his or her official VISTA file              he or she may submit the grievance in                 after the State Program Director issues
                                                and any relevant CNCS records to the                    writing to the appropriate State Program              his or her response to the grievance.
                                                extent permitted by the Freedom of                      Director. The VISTA must submit the                      (d) Certain matters contained in a
                                                Information Act and the Privacy Act, 5                  grievance to the State Program Director               grievance appeal may be rejected, rather
                                                U.S.C. 552, 552a. Examples of materials                 either:                                               than denied on the merits, by the Area
                                                that may be withheld include references                    (i) Within seven calendar days of                  Manager. A grievance appeal may be
                                                obtained under pledge of                                receipt of the response of the sponsor;               rejected, in whole or in part, for any of
                                                confidentiality, official VISTA files of                or,                                                   the following reasons:
                                                other VISTAs, and privileged intra-                        (ii) In the event the sponsor has not                 (1) The grievance appeal was not
                                                agency documents.                                       issued a response to the VISTA within                 submitted to the appropriate Area
                                                  (b) A VISTA may review relevant                       10 calendar days of receipt of the                    Manager within the time limit specified
                                                materials in the possession of a sponsor                written grievance, within 17 calendar                 in paragraph (c) of this section;
                                                to the extent such materials are                        days.                                                    (2) The grievance appeal consists of
                                                disclosable by the sponsor under                           (2) If the grievance involves a matter             matters not contained within the
                                                applicable freedom of information act                   over which either the sponsor or                      definition of a grievance, as specified in
                                                and privacy laws.                                       subrecipient has no substantial control               section § 2556.350(a);
                                                                                                        or if the sponsor’s representative is the                (3) The grievance appeal consists of
                                                § 2556.360 How may a VISTA bring a
                                                grievance?                                              supervisor of the VISTA, as described in              matters excluded from the VISTA
                                                                                                        paragraph (a)(4) of this section, the                 program grievance procedure, as
                                                  (a) Bringing a grievance—Step 1. (1)
                                                                                                        VISTA may pass over the procedure set                 specified in § 2556.350(b); or
                                                While currently enrolled in the VISTA
                                                                                                        forth in paragraphs (a)(1) through (3) of                (4) The grievance appeal contains
                                                program, or enrolled in the VISTA
                                                                                                        this section, and submit the grievance in             matters that are moot, or for which relief
                                                program within the past 30 calendar
                                                                                                        writing directly to the State Program                 has otherwise been granted.
                                                days, a VISTA may bring a grievance to
                                                                                                        Director. In such a case, the VISTA must                 (e) Within 14 calendar days of receipt
                                                the sponsor or subrecipient where he or
                                                                                                        submit the grievance to the State                     of the grievance, the appropriate Area
                                                she is assigned to serve within 15
                                                                                                        Program Director within 15 calendar                   Manager shall decide the grievance
                                                calendar days that the event giving rise
                                                                                                        days of the event giving rise to the                  appeal on the merits, or reject the
                                                to the grievance occurs, or within 15
                                                                                                        grievance occurs, or within 15 calendar               grievance appeal in whole or in part, or
                                                calendar days after becoming aware of
                                                                                                        days after becoming aware of the event.               both, as appropriate. The Area Manager
                                                the event. If the grievance arises out of                  (3) Within ten working days of receipt
                                                a continuing condition or practice that                                                                       shall notify the VISTA in writing of the
                                                                                                        of the grievance, the State Program                   decision and specify the grounds for the
                                                individually affects a VISTA, while                     Director shall respond in writing,
                                                enrolled the VISTA may bring it at any                                                                        appeal decision. The appeal decision
                                                                                                        regardless of whether or not the matter               shall include a statement of the basis for
                                                time while he or she is affected by a                   constitutes a grievance as defined under
                                                continuing condition or practice.                                                                             the decision and is a final decision of
                                                                                                        this grievance procedure, and/or is                   CNCS.
                                                   (2) A VISTA brings a grievance by                    timely submitted. In the response, the
                                                presenting it in writing to the executive               State Program Director may determine                  Subpart E—Termination for Cause
                                                director, or comparable individual, of                  that the matter submitted as a grievance              Procedures
                                                the sponsoring organization where the                   is not grievable, is not considered a
                                                VISTA is assigned, or to the sponsor’s                  grievance, or fails to meet the time limit              Authority: 42 U.S.C. 4953(b), (c), (f), and
                                                representative who is designated to                     for response. If the State Program                    5044(e).
                                                receive grievances from a VISTA.                        Director makes any such determination,
                                                   (3) The sponsor shall review and                     he or she may dismiss the complaint,                  § 2556.400 What is termination for cause
                                                respond in writing to the VISTA’s                       setting forth the reason(s) for the
                                                                                                                                                              and what are the criteria for termination for
                                                grievance, within 10 calendar days of                                                                         cause?
                                                                                                        dismissal. In such a case, the State
                                                receipt of the written grievance. The                   Program Director need not address the                   (a) Termination for cause is discharge
                                                sponsor may not fail to respond to a                    complaint on the merits, nor make a                   of a VISTA from the VISTA program
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                                                complaint raised by a VISTA on the                      determination of the complaint on the                 due to a deficiency, or deficiencies, in
                                                basis that it is not an actual grievance,               merits.                                               conduct or performance.
                                                or that it is excluded from coverage as                                                                         (b) CNCS may terminate for cause a
                                                a grievance, but may, in the written                    § 2556.365 May a VISTA appeal a                       VISTA for any of the following reasons:
                                                response, dismiss the complaint and                     grievance?                                              (1) Conviction of any criminal offense
                                                refuse to grant the relief requested on                   (a) The VISTA may appeal in writing                 under Federal, State, or local statute or
                                                either of those grounds.                                to the appropriate Area Manager the                   ordinance;


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                                                63468            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                  (2) Violation of any provision of the                 § 2556.420 What are termination for cause             Manager. The appeal must be in writing
                                                Domestic Service Volunteer Act of 1973,                 proceedings?                                          and specify the reasons for the VISTA’s
                                                as amended, or any CNCS or VISTA                           (a) Termination for cause proceedings              disagreement with the decision.
                                                program policy, regulation, or                          are initiated by the State Program                       (b) CNCS shall not incur any expenses
                                                instruction;                                            Director when CNCS removes a VISTA                    or travel allowances for the VISTA in
                                                  (3) Failure, refusal, or inability to                 from a project assignment due to an                   connection with the preparation or
                                                perform prescribed project duties as                    alleged deficiency, or alleged                        presentation of the appeal.
                                                outlined in the project plan, assignment                deficiencies, in conduct or performance.                 (c) The VISTA may have access to
                                                description, or as directed by the                         (b) The State Program Director or                  records as follows:
                                                sponsor to which the VISTA is assigned;                 other CNCS State Office staff, to the                    (1) The VISTA may review any
                                                  (4) Involvement in activities which                   extent practicable, communicates the                  material in the VISTA’s official CNCS
                                                substantially interfere with the VISTA’s                matter with the VISTA who is removed                  file and any relevant CNCS records to
                                                performance of project duties;                          from a VISTA project and the                          the extent permitted by the Freedom of
                                                  (5) Intentional false statement,                      administrative procedures as set forth in             Information Act and the Privacy Act, 5
                                                misrepresentation, omission, fraud, or                  paragraphs (c) through (e) of this                    U.S.C. 552, 552a. Examples of
                                                deception in seeking to obtain selection                section.                                              documents that may be withheld
                                                as a VISTA in the VISTA program;                           (c) The State Program Director shall               include references obtained under
                                                  (6) Any conduct on the part of the                    notify VISTA in writing of CNCS’s                     pledge of confidentiality, official files of
                                                VISTA which substantially diminishes                    proposal to terminate for cause. The                  other program participants, and
                                                his or her effectiveness as a VISTA; or                 written proposal to terminate him or her              privileged intra-agency documents.
                                                  (7) Unsatisfactory performance of an                  for cause must give the VISTA the                        (2) The VISTA may review relevant
                                                assignment.                                             reason(s) for the proposed termination,               records in the possession of a sponsor
                                                                                                        and notify him or her that he or she has              to the extent such documents are
                                                § 2556.405 Who has sole authority to
                                                                                                        10 calendar days within which to                      disclosable by the sponsor under
                                                remove a VISTA from a VISTA project and
                                                who has sole authority to terminate a VISTA             answer in writing the proposal to                     applicable freedom of information act
                                                from the VISTA program?                                 terminate him or her for cause, and to                and privacy laws.
                                                   (a) CNCS has the sole authority to                   furnish any accompanying statements or                   (d) Within 14 calendar days of receipt
                                                remove a VISTA from a project where                     written material. The VISTA must                      of any appeal by the VISTA, the Area
                                                he or she has been assigned.                            submit any answer to the appropriate                  Manager or equivalent CNCS official
                                                   (b) CNCS has the sole authority to                   State Program Director identified in the              shall issue a written appeal
                                                terminate for cause, or otherwise                       written proposal to terminate for cause               determination. The appeal
                                                terminate, a VISTA from the VISTA                       within the deadline specified in the                  determination shall indicate the reasons
                                                program.                                                proposal to terminate for cause.                      for such an appeal determination. The
                                                   (c) Neither the sponsoring                              (d) Within 10 calendar days of the                 appeal determination shall be final.
                                                organization nor any of its subrecipients               expiration of the VISTA’s deadline to
                                                                                                        answer the proposal to terminate for                  § 2556.430 Is a VISTA who is terminated
                                                has the authority to remove a VISTA                                                                           early from the VISTA program for other than
                                                from a project or to terminate a VISTA                  cause, the appropriate State Program
                                                                                                        Director shall issue a written decision               cause entitled to appeal under these
                                                for cause, or for any other basis, from                                                                       procedures?
                                                the VISTA program.                                      regarding the proposal to terminate for
                                                                                                        cause.                                                  (a) Only a VISTA whose early
                                                § 2556.410 May a sponsor request that a                    (1) If the decision is to terminate the            termination from the VISTA program is
                                                VISTA be removed from its project?                      VISTA for cause, the decision shall set               for cause, and who has answered the
                                                   (a) The head of a sponsoring                         forth the reasons for the determination               proposal to terminate him or her for
                                                organization, or his or her designee, may               and the effective date of termination                 cause in a timely manner, as set forth in
                                                request that CNCS remove a VISTA                        (which may be on or after the date of the             § 2556.420(c), is entitled to appeal the
                                                assigned to its project. Any such request               decision).                                            early termination action, as referenced
                                                must be submitted in writing to the                        (2) If the decision is not to terminate            in § 2556.425. A termination for cause is
                                                appropriate State Program Director and                  the VISTA for cause, the decision shall               based on a deficiency, or deficiencies, in
                                                should state the reasons for the request.               indicate that the proposal to terminate               the performance or conduct of a VISTA.
                                                   (b) The State Program Director may, at               for cause is rescinded.                                 (b) The following types of early
                                                his or her discretion, attempt to resolve                  (e) A VISTA who does not submit a                  terminations from the VISTA program
                                                the situation with the sponsor so that an               timely answer to the appropriate State                are not terminations for cause, and are
                                                alternative solution other than removal                 Program Director, as set forth in                     not entitled to appeal under the early
                                                of the VISTA from the project                           paragraph (c) of this section, is not                 termination appeal procedure set forth
                                                assignment is reached.                                  entitled to appeal the decision regarding             in §§ 2556.420 and 2556.425:
                                                   (c) When an alternative solution, as                 the proposal to terminate for cause. In                 (1) Resignation from the VISTA
                                                referenced in paragraph (b) of this                     such cases, CNCS may terminate the                    program prior to the issuance of a
                                                section, is not sought, or is not reached               VISTA for cause, on the date identified               decision to terminate for cause, as set
                                                within a reasonable time period, the                    in the decision, and the termination                  forth in § 2556.420(d);
                                                State Program Director shall remove the                 action is final.                                        (2) Early termination from the VISTA
                                                VISTA from the project.                                                                                       program because a VISTA did not
                                                                                                        § 2556.425 May a VISTA appeal his or her              secure a suitable reassignment to
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                                                § 2556.415 May CNCS remove a VISTA                      termination for cause?                                another project; and
                                                from a project without the sponsor’s                       (a) Within 10 calendar days of the                   (3) Medical termination from the
                                                request for removal?                                    appropriate State Program Director’s                  VISTA program.
                                                  Of its own accord, CNCS may remove                    issuance of the decision to terminate the
                                                a VISTA from a project assignment                       VISTA for cause, as set forth in                      Subpart F—Summer Associates
                                                without the sponsor’s request for                       § 2556.420(d), the VISTA may appeal
                                                removal.                                                the decision to the appropriate Area                    Authority: 42 U.S.C. 4954(d), (e).



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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                          63469

                                                § 2556.500 How is a position for a summer                  (1) The need for a leader in a project             of the individual in a leader position,
                                                associate established in a project?                     of a substantial size and with multiple               and if appropriate, the establishment of
                                                  (a) From time-to-time, the State                      VISTAs assigned to serve at that project,             a leader position.
                                                Program Director invites sponsors                       or the need for leader for multiple                      (c) Selection. CNCS shall have sole
                                                within the state to apply for one or more               projects located within a contiguous                  authority to select a leader. The criteria
                                                positions for individuals to serve as                   geographic region.                                    for selection shall include consideration
                                                summer associates at the sponsor’s                         (2) The need for a leader to assist with           of the individual’s application and the
                                                VISTA project.                                          the communication of VISTA policies                   sponsor’s recommendation described in
                                                  (b) Subject to VISTA assistance                       and administrative procedures to                      paragraph (b) of this section.
                                                availability, CNCS approves the                         VISTAs within a project, or throughout
                                                establishment of summer associate                       the multiple projects within a                        § 2556.615 Who reviews a leader
                                                positions based on the following factors:                                                                     application and who approves or
                                                                                                        contiguous geographic region, as                      disapproves a leader application?
                                                  (1) The need in the community, as                     applicable.
                                                demonstrated by the sponsor, for the                       (3) The need for a leader to assist with             CNCS reviews the application
                                                performance of project activities by a                  the professional development of VISTAs                package for the leader position,
                                                summer associate(s);                                    within a project, or throughout the                   considers the recommendation of the
                                                  (2) The content and quality of summer                 multiple projects within a contiguous                 sponsor, and approves or disapproves
                                                associate project plans;                                geographic region, as applicable.                     the individual to serve as a leader.
                                                  (3) The capacity of the sponsor to
                                                                                                           (4) The need for a leader to assist with           § 2556.620 How does a leader differ from
                                                implement the summer associate project
                                                                                                        the recruitment and preparation for the               other VISTAs?
                                                activities; and
                                                  (4) The sponsor’s compliance with all                 arrival of VISTAs within a project, or                   The application process to apply to
                                                applicable parts of the DVSA, VISTA                     throughout the multiple projects within               become a leader, as described in
                                                program policy, and the sponsor’s                       a contiguous geographic region, as                    § 2556.610, is separate and distinct from
                                                Memorandum of Agreement, which                          applicable.                                           the application process to apply to
                                                incorporates their project application.                    (5) The capacity of the VISTA                      enroll as a VISTA in the VISTA
                                                                                                        supervisor to support and guide the                   program:
                                                § 2556.505 How do summer associates                     leader.
                                                differ from other VISTAs?
                                                                                                                                                                 (a) A leader may receive a living
                                                                                                           (b) A sponsor may request, in its
                                                                                                                                                              allowance computed at a higher daily
                                                   Summer associates differ from other                  project application, that CNCS establish
                                                                                                                                                              rate than other VISTAs, as authorized
                                                VISTAs in the following ways:                           a leader position in its project.
                                                                                                                                                              under section 105(a)(1)(B) of the DVSA.
                                                   (a) Summer associates are not eligible
                                                to receive:                                             § 2556.605 Who is eligible to apply to                   (b) A leader is subject to all the terms
                                                   (1) Health care through a health                     serve as a leader?                                    and conditions of service described in
                                                benefits program provided by CNCS;                         An individual is eligible to apply to              § 2556.625.
                                                   (2) Child care support through a child               serve as a leader if he or she has                    § 2556.625 What are terms and conditions
                                                care program provided by CNCS;                          successfully completed any of the                     of service for a leader?
                                                   (3) Payment for settling-in expenses;                following:
                                                or                                                         (a) At least one year of service as a                Though not exhaustive, terms and
                                                   (4) Non-competitive eligibility in                   VISTA;                                                conditions of service as a leader
                                                accordance with 5 CFR 315.605.                             (b) At least one full term of service as           include:
                                                   (b) Absent extraordinary                             a full-time AmeriCorps State and                        (a) A leader makes a full-time
                                                circumstances, summer associates are                    National member;                                      commitment to serve as a leader,
                                                not eligible to receive:                                   (c) At least one full term of service as           without regard to regular working hours,
                                                   (1) Payment for travel expenses                      a member of the AmeriCorps National                   for a minimum of one year.
                                                incurred for travel to or from the project              Civilian Community Corps (NCCC); or                     (b) To the maximum extent
                                                site to which the summer associate is                      (d) At least one traditional term of               practicable, a leader shall live among
                                                assigned; or                                            service as a Peace Corps Volunteer.                   and at the economic level of the low-
                                                   (2) A baggage allowance for the costs                                                                      income community served by the
                                                of transporting personal effects to or                  § 2556.610 What is the application process            project and actively seek opportunities
                                                from the project site to which the                      to apply to become a leader?                          to engage with that low-income
                                                summer associate is assigned to serve.                    (a) Application package. An eligible                community.
                                                   (c) CNCS may discharge a summer                      individual must apply in writing to                     (c) A leader aids the communication
                                                associate due to a deficiency, or                       CNCS to become a leader. The sponsor’s                of VISTA policies and administrative
                                                deficiencies, in conduct or performance.                recommendation and related materials,                 procedures to VISTAs.
                                                Summer associates are not subject to                    described in paragraph (b) of this                      (d) A leader assists with the
                                                subpart E of this part, or to the grievance             section, must be included with the                    leadership development of VISTAs.
                                                procedures provided to VISTAs set forth                 individual’s application to become a                    (e) A leader is a resource in the
                                                in §§ 2556.345 through 2556.365.                        leader.                                               development and delivery of training for
                                                                                                          (b) Sponsor recommendation. A                       VISTAs.
                                                Subpart G—VISTA Leaders                                 sponsor where an individual is seeking                  (f) A leader may assist the sponsor
                                                                                                        to serve as a leader must recommend in                with recruitment and preparation for the
                                                   Authority: 42 U.S.C. 4954(b).                        writing to CNCS the individual to                     arrival of VISTAs.
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                                                § 2556.600 How is a position for a leader               become a leader. Included with the                      (g) A leader may advise a supervisor
                                                established in a project, or in multiple                recommendation must be an evaluation                  on potential problem areas and needs of
                                                projects within a contiguous geographic                 of the individual’s performance while in              VISTAs.
                                                region?                                                 previous service, a description of                      (h) A leader aids VISTAs in the
                                                  (a) At its discretion, CNCS may                       specific tasks, responsibilities,                     development of effective working
                                                approve the establishment of a leader                   qualifications, and other relevant                    relationships and understanding of
                                                position based on the following factors:                information that justifies the placement              VISTA program concepts.


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                                                63470              Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                  (i) A leader may aid the supervisor                     VISTA duties by an individual                           (2) Serve as an officer of a political
                                                and sponsor in directing or focusing the                  employed by the sponsor; and                          party or other political group, a member
                                                VISTA project to best address the                           (4) While using a vehicle owned or                  of a national, State, or local committee
                                                community’s needs.                                        leased by a sponsor or subrecipient, or               of a political party, an officer or member
                                                  (j) A leader may serve as a collector                   while using a privately-owned vehicle                 of a committee of a political group, or
                                                of data for performance measures of the                   in the discharge of VISTA duties.                     be a candidate for any of these
                                                project and the VISTAs.                                                                                         positions;
                                                  (k) A leader is prohibited from                         § 2556.715 What political activities may a              (3) Attend and participate fully in the
                                                supervising VISTAs. A leader is also                      VISTA participate in?                                 business of nominating caucuses of
                                                prohibited from handling or managing,                        (a) Provided that paragraph (b) of this            political parties;
                                                on behalf of the project, personnel-                      section is fully adhered to, a VISTA                    (4) Organize or reorganize a political
                                                related matters affecting VISTAs.                         may:                                                  party organization or political group;
                                                Personnel-related matters affecting                          (1) Express his or her opinion                       (5) Participate in a political
                                                VISTAs must be managed and handled                        privately and publicly on political                   convention, rally, or other political
                                                by the project and in coordination with                   subjects;                                             gathering; and
                                                the appropriate CNCS State Office.                           (2) Be politically active in connection              (6) Serve as a delegate, alternate, or
                                                                                                          with a question which is not specifically             proxy to a political party convention.
                                                Subpart H—Restrictions and                                identified with a political party, such as              (b) A VISTA may participate in a
                                                Prohibitions on Political Activities and                  a constitutional amendment,                           political organization as long as such
                                                Lobbying                                                  referendum, approval of a municipal                   participation:
                                                                                                          ordinance, or any other question or                     (1) Does not interfere with the
                                                  Authority: 42 U.S.C. 4954(a), 5043, and                 issue of similar character;                           performance of, or availability to
                                                5055(b).                                                     (3) Participate in the nonpartisan                 perform, his or her assigned VISTA
                                                                                                          activities of a civic, community, social,             project duties;
                                                § 2556.700       Who is covered by this
                                                                                                          labor, or professional organization, or of              (2) Does not interfere with the
                                                subpart?
                                                                                                          a similar organization; and                           provision of service in the VISTA
                                                  (a) All VISTAs, including leaders and                                                                         program;
                                                summer associates, are subject to this                       (4) Participate fully in public affairs,
                                                                                                          except as prohibited by other Federal                   (3) Is not conducted in a manner
                                                subpart.                                                                                                        involving the use of VISTA assistance,
                                                  (b) All employees of VISTA sponsors                     law, in a manner which does not
                                                                                                          compromise his or her efficiency or                   resources or funds;
                                                and subrecipients, whose salaries or                                                                              (4) Would not result in the
                                                other compensation are paid, in whole                     integrity as a VISTA, or compromise the
                                                                                                          neutrality, efficiency, or integrity of               identification of the VISTA as being a
                                                or in part, with VISTA grant assistance                                                                         participant in or otherwise associated
                                                are subject to this subpart.                              CNCS or the VISTA program.
                                                                                                             (b) A VISTA may participate in                     with the VISTA program;
                                                  (c) All VISTA sponsors and                                                                                      (5) Is not conducted during scheduled
                                                subrecipients are subject to this subpart.                political activities set forth in paragraph
                                                                                                                                                                VISTA service hours; and
                                                                                                          (a) of this section as long as such                     (6) Does not interfere with the full-
                                                § 2556.705       What is prohibited political             participation:
                                                activity?                                                                                                       time commitment to remain available
                                                                                                             (1) Does not interfere with the                    for VISTA service without regard to
                                                  For purposes of the regulations in this                 performance of, or availability to
                                                subpart, ‘‘prohibited political activity’’                                                                      regular working hours, at all times
                                                                                                          perform, his or her assigned VISTA                    during periods of service, except for
                                                means an activity directed toward the                     project duties;
                                                success or failure of a political party,                                                                        authorized periods of leave.
                                                                                                             (2) Does not interfere with his or her
                                                candidate for partisan political office, or               provision of service in the VISTA                     § 2556.725 May VISTAs participate in
                                                partisan political group.                                 program;                                              political campaigns?
                                                § 2556.710 What political activities are                     (3) Is not conducted in a manner                      (a) Provided that paragraph (b) of this
                                                VISTAs prohibited from engaging in?                       involving the use of VISTA assistance,                section is fully adhered to, and in
                                                  (a) A VISTA may not use his or her                      resources or funds;                                   accordance with the prohibitions set
                                                official authority or influence to                           (4) Would not result in the                        forth in § 2556.710, a VISTA may:
                                                interfere with or affect the result of an                 identification of the VISTA as being a                   (1) Display pictures, signs, stickers,
                                                election.                                                 participant in or otherwise associated                badges, or buttons associated with
                                                  (b) A VISTA may not use his or her                      with the VISTA program;                               political parties, candidates for partisan
                                                official authority or influence to coerce                    (5) Is not conducted during scheduled              political office, or partisan political
                                                any individual to participate in political                VISTA service hours; and                              groups, as long as these items are
                                                activity.                                                    (6) Does not interfere with the full-              displayed in accordance with the
                                                  (c) A VISTA may not use his or her                      time commitment to remain available                   prohibitions set forth in § 2556.710;
                                                official VISTA program title while                        for VISTA service without regard to                      (2) Initiate or circulate a nominating
                                                participating in prohibited political                     regular working hours, at all times                   petition for a candidate for partisan
                                                activity.                                                 during periods of service, except for                 political office;
                                                  (d) A VISTA may not participate in                      authorized periods of leave.                             (3) Canvass for votes in support of or
                                                prohibited political activities in the                                                                          in opposition to a partisan political
                                                following circumstances:                                  § 2556.720 May VISTAs participate in                  candidate or a candidate for political
                                                  (1) While he or she is on duty;                         political organizations?                              party office;
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                                                  (2) While he or she is wearing an                         (a) Provided that paragraph (b) of this                (4) Endorse or oppose a partisan
                                                article of clothing, logo, insignia, or                   section is fully adhered to, and in                   political candidate or a candidate for
                                                other similar item that identifies CNCS,                  accordance with the prohibitions set                  political party office in a political
                                                the VISTA program, or one of CNCS’s                       forth in § 2556.710, a VISTA may:                     advertisement, broadcast, campaign
                                                other national service programs;                            (1) Be a member of a political party                literature, or similar material; and
                                                  (3) While he or she is in any room or                   or other political group and participate                 (5) Address a convention caucus,
                                                building occupied in the discharge of                     in its activities;                                    rally, or similar gathering of a political


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                          63471

                                                party or political group in support of or               during periods of service, except for                   (2) Does not interfere with the
                                                in opposition to a partisan political                   authorized periods of leave.                          provision of service in the VISTA
                                                candidate or a candidate for political                                                                        program;
                                                party office.                                           § 2556.735 May a VISTA be a candidate for               (3) Is not conducted in a manner
                                                                                                        public office?
                                                  (b) A VISTA may participate in a                                                                            involving the use of VISTA assistance,
                                                political campaign as long as such                         (a) Except as provided in paragraph                resources or funds;
                                                participation:                                          (c) of this section, no VISTA may run for               (4) Would not result in the
                                                  (1) Does not interfere with the                       the nomination to, or as a candidate for              identification of the VISTA as being a
                                                performance of, or availability to                      election to, partisan political office.               participant in or otherwise associated
                                                perform, his or her assigned VISTA                         (b) In accordance with the                         with the VISTA program;
                                                project duties;                                         prohibitions set forth in § 2556.710, a                 (5) Is not conducted during scheduled
                                                  (2) Does not interfere with the                       VISTA may participate in elections as                 VISTA service hours; and
                                                provision of service in the VISTA                       long as such participation:                             (6) Does not interfere with the full-
                                                program;                                                   (1) Does not interfere with the                    time commitment to remain available
                                                  (3) Is not conducted in a manner                      performance of, or availability to                    for VISTA service without regard to
                                                involving the use of VISTA assistance,                  perform, his or her assigned VISTA                    regular working hours, at all times
                                                resources or funds;                                     project duties;                                       during periods of service, except for
                                                  (4) Would not result in the                              (2) Does not interference with the                 authorized periods of leave.
                                                identification of the VISTA as being a                  provision of service in the VISTA                       (c) A VISTA may not knowingly:
                                                participant in or otherwise associated                  program;                                                (1) Personally solicit, accept, or
                                                with the VISTA program;                                    (3) Is not conducted in a manner                   receive a political contribution from
                                                  (5) Is not conducted during scheduled                 involving the use of VISTA assistance,                another individual;
                                                VISTA service hours; and                                resources or funds;                                     (2) Personally solicit political
                                                  (6) Does not interfere with the full-                    (4) Would not result in the                        contributions in a speech or keynote
                                                time commitment to remain available                     identification of the VISTA as being a                address given at a fundraiser;
                                                for VISTA service without regard to                     participant in or otherwise associated                  (3) Allow his or her perceived or
                                                regular working hours, at all times                     with the VISTA program;                               actual affiliation with the VISTA
                                                during periods of service, except for                      (5) Is not conducted during scheduled              program, or his or her official title as a
                                                authorized periods of leave.                            VISTA service hours; and                              VISTA, to be used in connection with
                                                                                                           (6) Does not interfere with the full-              fundraising activities; or
                                                § 2556.730 May VISTAs participate in                    time commitment to remain available
                                                elections?                                                                                                      (4) Solicit, accept, or receive
                                                                                                        for VISTA service without regard to                   uncompensated individual volunteer
                                                  (a) Provided that paragraph (b) of this               regular working hours, at all times                   services from a subordinate, (e.g., a
                                                section is fully adhered to, and in                     during periods of service, except for                 leader may not solicit, accept or receive
                                                accordance with the prohibitions set                    authorized periods of leave.                          a political contribution from a VISTA).
                                                forth in § 2556.710, a VISTA may:                          (c) Provided that paragraphs (a) and
                                                  (1) Register and vote in any election;                                                                        (d) Except for VISTAs who reside in
                                                                                                        (b) of this section are adhered to, and in            municipalities or political subdivisions
                                                  (2) Act as recorder, watcher,                         accordance with the prohibitions set
                                                challenger, or similar officer at polling                                                                     designated under 5 CFR part 733, no
                                                                                                        forth in § 2556.710, a VISTA may:                     VISTA may accept or receive a political
                                                places;                                                    (1) Run as an independent candidate
                                                  (3) Serve as an election judge or clerk,                                                                    contribution on behalf of an individual
                                                                                                        in a partisan election in designated U.S.             who is a candidate for local partisan
                                                or in a similar position; and                           municipalities and political
                                                  (4) Drive voters to polling places for                                                                      political office and who represents a
                                                                                                        subdivisions as set forth at 5 CFR part               political party.
                                                a partisan political candidate, partisan                733; and
                                                political group, or political party.                       (2) Run as a candidate in a non-                   § 2556.745 Are VISTAs prohibited from
                                                  (5) Participate in voter registration                 partisan election.                                    soliciting or discouraging the political
                                                activities.                                                                                                   participation of certain individuals?
                                                  (b) A VISTA may participate in                        § 2556.740 May VISTAs participate in
                                                                                                                                                                 (a) A VISTA may not knowingly
                                                elections as long as such participation:                political fundraising activities?
                                                                                                                                                              solicit or discourage the participation in
                                                  (1) Does not interfere with the                         (a) Provided that paragraphs (b)                    any political activity of any individual
                                                performance of, or availability to                      through (d) of this section are fully                 who has an application for any
                                                perform, his or her assigned VISTA                      adhered to, and in accordance with the                compensation, grant, contract, ruling,
                                                project duties;                                         prohibitions set forth in § 2556.710, a               license, permit, or certificate pending
                                                  (2) Does not interfere with the                       VISTA may:                                            before CNCS or the VISTA program.
                                                provision of service in the VISTA                         (1) Make a political contribution to a                 (b) A VISTA may not knowingly
                                                program;                                                political party, political group,                     solicit or discourage the participation of
                                                  (3) Is not conducted in a manner                      campaign committee of a candidate for                 any political activity of any individual
                                                involving the use of VISTA assistance,                  public office in a partisan election;                 who is the subject of, or a participant in,
                                                resources or funds;                                       (2) Attend a political fundraiser; and              an ongoing audit, investigation, or
                                                  (4) Would not result in the                             (3) Solicit, accept, or receive                     enforcement action being carried out by
                                                identification of the VISTA as being a                  uncompensated volunteer services for a                or through CNCS or the VISTA program.
                                                participant in or otherwise associated                  political campaign from any individual.
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                                                with the VISTA program;                                   (b) A VISTA may participate in                      § 2556.750 What restrictions and
                                                  (5) Is not conducted during scheduled                 fundraising activities as long as such                prohibitions are VISTAs subject to who
                                                VISTA service hours; and                                participation:                                        campaign for a spouse or family member?
                                                  (6) Does not interfere with the full-                   (1) Does not interfere with the                       A VISTA who is the spouse or family
                                                time commitment to remain available                     performance of, or availability to                    member of either a candidate for
                                                for VISTA service without regard to                     perform, his or her assigned VISTA                    partisan political office, candidate for
                                                regular working hours, at all times                     project duties;                                       political party office, or candidate for


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                                                63472            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                public office in a nonpartisan election,                subpart B of this part, §§ 2556.135                   § 2556.775 What prohibitions and
                                                is subject to the same restrictions and                 through 2556.140.                                     restrictions on political activity apply to
                                                prohibitions as other VISTAs, as set                                                                          employees of VISTA sponsors and
                                                                                                        § 2556.765 What disciplinary actions are              subrecipients?
                                                forth in § 2556.725.
                                                                                                        VISTAs subject to for violating restrictions
                                                § 2556.755 May VISTAs participate in                    or prohibitions on political activities?                All employees of VISTA sponsors and
                                                lawful demonstrations?                                    Violations by a VISTA of any of the                 subrecipients, whose salaries or other
                                                   In accordance with the prohibitions                  prohibitions or restrictions set forth in             compensation are paid, in whole or in
                                                set forth in § 2556.710, VISTAs may                     this subpart may warrant termination                  part, with VISTA funds are subject to all
                                                participate in lawful demonstrations,                   for cause, in accordance with                         applicable prohibitions and restrictions
                                                political rallies, and other political                  proceedings set forth at §§ 2556.420,                 described in this subpart in the
                                                meetings, so long as such participation                 2556.425, and 2556.430.                               following circumstances:
                                                is in conformance with all of the                                                                               (a) Whenever they are engaged in an
                                                                                                        § 2556.770 What are the requirements of
                                                following:                                              VISTA sponsors and subrecipients                      activity that is supported by CNCS or
                                                   (a) Occurs only while on authorized                  regarding political activities?                       VISTA funds or assistance; and
                                                leave or while otherwise off duty;
                                                   (b) Does not include attempting to                     (a) All sponsors and subrecipients are                (b) Whenever they identify
                                                represent, or representing the views of                 required to:                                          themselves as acting in their capacity as
                                                                                                          (1) Understand the restrictions and                 an official of a VISTA project that
                                                VISTAs or the VISTA program on any
                                                                                                        prohibitions on the political activities of           receives CNCS or VISTA funds or
                                                public issue;
                                                   (c) Could not be reasonably                          VISTAs, as set forth in this subpart;                 assistance, or could reasonably be
                                                                                                          (2) Provide training to VISTAs on all               perceived by others as acting in such a
                                                understood by the community as being
                                                                                                        applicable restrictions and prohibitions              capacity.
                                                identified with the VISTA program, the
                                                                                                        on political activities, as set forth in this
                                                project, or other elements of VISTA
                                                                                                        subpart, and use training materials that              § 2556.780 What prohibitions on lobbying
                                                service; and                                                                                                  activities apply to VISTA sponsors and
                                                   (d) Does not interfere with the                      are consistent with these restrictions
                                                                                                        and prohibitions;                                     subrecipients?
                                                discharge of VISTA duties.
                                                                                                          (3) Monitor on a continuing basis the                 (a) No VISTA sponsor or subrecipient
                                                § 2556.760 May a sponsor and                            activity of VISTAs for compliance with                shall assign a VISTA to perform service
                                                subrecipient approve the participation of a             this subpart; and                                     or engage in activities related to
                                                VISTA in a demonstration or other political               (4) Report all violations, or
                                                meeting?                                                                                                      influencing the passage or defeat of
                                                                                                        questionable situations, immediately to
                                                                                                                                                              legislation or proposals by initiative
                                                  (a) No VISTA sponsor or subrecipient                  the appropriate CNCS State Office.
                                                                                                          (b) Failure of a sponsor to comply                  petition.
                                                shall approve a VISTA to be involved in
                                                planning, initiating, participating in, or              with the requirements of this subpart, or               (b) No VISTA sponsor or subrecipient
                                                otherwise aiding or assisting in any                    a violation of the requirements                       shall use any CNCS financial assistance,
                                                demonstration or other political                        contained in this subpart by the sponsor              such as VISTA funds or the services of
                                                meeting.                                                or subrecipient, sponsor or                           a VISTA, for any activity related to
                                                  (b) If a VISTA sponsor or subrecipient                subrecipient’s covered employees,                     influencing the passage or defeat of
                                                which, subsequent to the receipt of any                 agents, or VISTAs, may be deemed to be                legislation or proposals by initiative
                                                CNCS financial assistance, including the                a material failure to comply with terms               petition.
                                                assignment of VISTAs, approves the                      or conditions of the VISTA program. In                  Dated: October 6, 2015.
                                                participation of a VISTA in a                           such a case, the sponsor shall be subject
                                                                                                                                                              Jeremy Joseph,
                                                demonstration or other political                        to procedures related to the denial or
                                                meeting, shall be subject to procedures                 reduction, or suspension or termination,              General Counsel.
                                                related to the suspension or termination                of such assistance, as provided in                    [FR Doc. 2015–25790 Filed 10–19–15; 8:45 am]
                                                of such assistance, as provided in                      §§ 2556.125, 2556.130, and 2556.140.                  BILLING CODE 6050–28–P
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Document Created: 2015-12-14 15:25:18
Document Modified: 2015-12-14 15:25:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 19, 2016.
ContactCalvin Dawson, AmeriCorps VISTA, at the Corporation for National and Community Service, 1201 New York Avenue NW., Washington, DC 20525, phone 202-606-6897. The TDD/TTY number is 800-833-3722.
FR Citation80 FR 63454 
RIN Number3045-AA36
CFR Citation45 CFR 1206
45 CFR 1210
45 CFR 1211
45 CFR 1216
45 CFR 1217
45 CFR 1218
45 CFR 1220
45 CFR 1222
45 CFR 1226
45 CFR 2556
CFR AssociatedVolunteers; Elections; Lobbying and Vista Program

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