[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Proposed Rules]
[Pages 27423-27427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08403]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2500

RIN 3045-AA83


AmeriCorps Statement of Organization

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule.

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SUMMARY: The Corporation for National and Community Service (CNCS), 
which operates as AmeriCorps, is proposing a rule to provide general 
information to the public about its structure and purpose, as required 
by the Administrative Procedure Act. While AmeriCorps already provides 
information about its organizational structure on its public-facing 
website (americorps.gov), this rule would comply with the statutory 
requirement that specifically requires agencies to publish in the 
Federal Register their descriptions of organization. This rule will 
also increase transparency regarding AmeriCorps' operations by mapping 
out its existing program regulations, thereby providing an overview of 
the Agency's programs.

DATES: Written comments must be submitted by July 3, 2023.

ADDRESSES: You may send your comments electronically through the 
Federal government's one-stop rulemaking website at 
www.regulations.gov. You may also send your comments to Elizabeth 
Appel,

[[Page 27424]]

Associate General Counsel, at [email protected] or by mail to AmeriCorps, 
250 E Street SW, Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General 
Counsel, at (202) 967-5070, or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    AmeriCorps, the operating name for the Corporation for National and 
Community Service, is a Federal agency that engages millions of 
Americans in service. AmeriCorps members and AmeriCorps Seniors 
volunteers serve directly with nonprofit, tribal, faith-based, or 
community organizations to tackle some of our nation's most pressing 
challenges. Although AmeriCorps already provides information about its 
organizational structure on its website, www.americorps.gov, this rule 
would comply with the statutory requirement that specifically requires 
agencies to ``publish in the Federal Register'' their descriptions of 
organization. See 5 U.S.C. 552(a)(1)(A). This rule will also increase 
transparency regarding AmeriCorps' operations by mapping out its 
existing program regulations, thereby providing an overview of the 
Agency's programs.
    This proposed rule adds AmeriCorps' organizational information to 
Code of Federal Regulations (CFR) part 2500. Part 2500 already includes 
information about AmeriCorps being CNCS's operating name and 
information about AmeriCorps' logos. This proposed rule would 
redesignate, without substantive change, the operating name and logo 
sections to new sections later in the CFR part and would add subpart 
designations. The following is a breakdown of the new and redesignated 
sections:

------------------------------------------------------------------------
                                    Proposed 45 CFR      Description of
    Current 45 CFR section              section              change
------------------------------------------------------------------------
                                Subpart A--             New subpart
                                 Introduction.           designation.
                                2500.1 Creation and     New section.
                                 authority.
2500.1 Agency Operating Name..  2500.2 Agency           Redesignated
                                 operating name.         without
                                                         substantive
                                                         change.
                                2500.3 Purpose and      New section.
                                 mission.
                                Subpart B--             New subpart
                                 Organization.           designation.
                                2500.10 General.......  New section.
                                2500.11 AmeriCorps      New section.
                                 headquarters.
                                2500.12 Region offices  New section.
                                Subpart C--Programs...  New subpart
                                                         designation.
                                2500.20 Program         New section.
                                 descriptions.
                                2500.21 Focus areas...  New section.
                                Subpart D--Logos......  New subpart
                                                         designation.
2500.2 Description of Logos...  2500.30 Description of  Redesignated
                                 logos.                  without
                                                         substantive
                                                         change.
2500.3 Retirement of Logos....  2500.31 Retirement of   Redesignated
                                 logos.                  without
                                                         substantive
                                                         change.
2500.4 Authority to affix       2500.32 Authority to    Redesignated
 logos.                          affix logos.            without
                                                         substantive
                                                         change.
------------------------------------------------------------------------

    The proposed new sections would describe AmeriCorps':
     Statutory basis and origination;
     Purpose, to administer the programs established under the 
national service laws; and mission, to improve lives, strengthen 
communities, and foster civic engagement through service and 
volunteering;
     Organization, including the roles of the Chief Executive 
Officer and the Board of Directors;
     Headquarters, including leadership positions; and region 
offices, referring to AmeriCorps' website for details on contact 
information;
     Four main national service programs: AmeriCorps NCCC, 
AmeriCorps Seniors, AmeriCorps State and National, and AmeriCorps 
VISTA; and
     Focus areas, which include but are not limited to, 
disaster services, economic opportunity, education, environmental 
stewardship, healthy futures, and veterans and military families.
    Proposed edits to the sections addressing AmeriCorps' logos specify 
the logos' fonts and the direction of the flag in the logos and make 
other minor grammatical changes.

II. Regulatory Analyses

A. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
The Office of Information and Regulatory Affairs in the Office of 
Management and Budget has determined that this is not a significant 
regulatory action.

B. Regulatory Flexibility Act

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

C. Unfunded Mandates Reform Act of 1995

    For purposes of Title II of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this 
regulatory action does not contain any Federal mandate that may result 
in increased expenditures in either Federal, State, local, or Tribal 
Governments in the aggregate, or impose an annual burden exceeding $100 
million on the private sector.

D. Paperwork Reduction Act

    Under the PRA, an agency may not conduct or sponsor a collection of 
information unless the collections of information display valid control 
numbers. This proposed rule does not include any information 
collections

[[Page 27425]]

requiring approval by the Office of Management and Budget.

E. Executive Order 13132, Federalism

    Executive Order 13132, Federalism, prohibits an agency from 
publishing any rule that has Federalism implications if the rule 
imposes substantial direct compliance costs on State and local 
governments and is not required by statute, or the rule preempts State 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This rulemaking does not have any 
Federalism implications, as described above.

F. Takings (E.O. 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630 because 
this proposed rule does not affect individual property rights protected 
by the Fifth Amendment or involve a compensable ``taking.'' A takings 
implication assessment is not required.

G. Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rulemaking: (a) meets the criteria of 
section 3(a) requiring that all regulations be reviewed to eliminate 
errors and ambiguity and be written to minimize litigation; and (b) 
meets the criteria of section 3(b)(2) requiring that all regulations be 
written in clear language and contain clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    AmeriCorps recognizes the inherent sovereignty of Indian Tribes and 
their right to self-governance. We have evaluated this rulemaking under 
our consultation policy and the criteria in E.O. 13175 and determined 
that this proposed rule does not impose substantial direct effects on 
Federally recognized Tribes.

I. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each proposed rule we publish must: (a) be 
logically organized; (b) use the active voice to address readers 
directly; (c) use clear language rather than jargon; (d) be divided 
into short sections and sentences; and (e) use lists and tables 
wherever possible. If you feel that we have not met these requirements, 
please send us comments by one of the methods listed in the ADDRESSES 
section. To help us revise the rule, your comments should be as 
specific as possible.

List of Subjects in 45 CFR Part 2500

    Organization and functions (Government agencies).


0
For the reasons discussed in the preamble, under the authority of 42 
U.S.C. 12651c(c), the Corporation for National and Community Service 
proposes to revise 45 CFR part 2500 to read as follows:

PART 2500--AMERICORPS STATEMENT OF ORGANIZATION, AGENCY OPERATING 
NAME, AND LOGOS

Subpart A--Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.
2500.3 Purpose and mission.
Subpart B--Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C--Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Subpart D--Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.

    Authority: 5 U.S.C. 552(a)(1); 42 U.S.C. 4950, et seq., as 
amended; 42 U.S.C. 12501 et seq., as amended; section 203(c), Pub. 
L. 103-82, 107 Stat. 892 (42 U.S.C. 12651 note); Proc. 6662, 59 FR 
16507, 3 CFR, 1994 Comp., p. 22).

Subpart A--Introduction


Sec.  2500.1  Creation and authority.

    The National and Community Service Trust Act of 1993 established 
the Corporation for National and Community Service (CNCS) as a Federal 
agency, organized in the form of a Government corporation within the 
Executive Branch, to administer the national service programs 
authorized by the National and Community Service Act of 1990. CNCS also 
administers the national service programs authorized by the Domestic 
Volunteer Service Act of 1973, as amended, and previously administered 
by the former Federal ACTION Agency.


Sec.  2500.2  Agency operating name.

    (a) The Corporation for National and Community Service has adopted 
AmeriCorps as its official agency operating name.
    (b) Use of AmeriCorps as the agency operating name incorporates the 
Corporation for National and Community Service by reference.


Sec.  2500.3  Purpose and mission.

    AmeriCorps' purpose is to administer the programs established under 
the national service laws. AmeriCorps' mission is to improve lives, 
strengthen communities, and foster civic engagement through service and 
volunteering.

Subpart B--Organization


Sec.  2500.10  General.

    (a) A Chief Executive Officer (CEO) heads AmeriCorps. The CEO has 
authority and control over AmeriCorps personnel, except those in the 
Agency's Office of Inspector General, and is responsible for exercising 
the powers and fulfilling the duties that are not reserved to the Board 
of Directors.
    (b) The Board of Directors has responsibility for setting 
AmeriCorps' overall policy, reviewing AmeriCorps' strategic plan, and 
fulling other duties for which it is responsible under the national 
service laws.
    (c) AmeriCorps consists of headquarters and region offices, which 
serve the States and Territories.


Sec.  2500.11  AmeriCorps leadership.

    (a) AmeriCorps' leadership conducts overall planning, coordination 
of programs, and all supporting internal operations. AmeriCorps 
leadership includes, but is not limited to, the following AmeriCorps 
officials:
    (1) CEO
    (2) Chief of Staff
    (3) General Counsel
    (4) Chief Operating Officer
    (5) Chief Financial Officer
    (6) Chief Program Officer
    (7) Chief Diversity and Inclusion Officer
    (8) Directors of AmeriCorps programs and offices
    (b) AmeriCorps' public website contains current information on 
Agency leadership at www.americorps.gov/about/our-team/our-leadership.


Sec.  2500.12  Region offices.

    (a) AmeriCorps' region offices serve the States and Territories. 
The AmeriCorps website contains contact information for each of these 
region offices at www.americorps.gov/contact/region-offices.
    (b) AmeriCorps NCCC has a campus facility in each of its regions, 
which serve the States and Territories. The AmeriCorps website contains 
current information on the locations of and contact information for 
each of the

[[Page 27426]]

NCCC regions at www.americorps.gov/contact/americorps-nccc-regions.

Subpart C--Programs


Sec.  2500.20  Program descriptions.

    (a) AmeriCorps operates four main national service programs: 
AmeriCorps NCCC, AmeriCorps Seniors, AmeriCorps State and National, and 
AmeriCorps VISTA. Additional information on each of these programs and 
additional AmeriCorps programs is available at www.americorps.gov.
    (1) AmeriCorps NCCC is a full-time residential service program for 
individuals aged 18 to 24 (unless otherwise authorized), as defined by 
statute. Individuals serving in the NCCC program complete team-based 
service projects that respond to priority national and community needs. 
AmeriCorps NCCC program staff recruit, train, and manage volunteers 
(called ``members'') and partner with organizations that serve as 
project sponsors. FEMA Corps is a sub-program that AmeriCorps NCCC 
manages in partnership with the Federal Emergency Management Agency. It 
places members in service positions to perform disaster public 
assistance, planning, preparedness, and recovery activities.
    (2) AmeriCorps Seniors focuses on providing service opportunities 
for individuals aged 55 years or older. It operates four national 
service programs: the Foster Grandparent Program, Senior Companion 
Program, RSVP, and the Senior Demonstration Program. Under each of 
these programs, AmeriCorps Seniors provides grants to sponsoring 
organizations to meet priority national and community needs. The 
sponsoring organizations then recruit and enlist local volunteers, and 
address performance measures as required by grant terms and conditions.
    (3) AmeriCorps State and National provides grants to States, 
Territories, Indian Tribes, public and private nonprofit organizations, 
local governments, and institutions of higher education to carry out 
national service programs, offering a wide range of service 
opportunities. In addition to grant funds to support direct 
programming, AmeriCorps State and National also provides general 
operating funding for State service commissions.
    (4) AmeriCorps VISTA is a program for individuals aged 18 and older 
to participate in full-time service to strengthen and supplement 
efforts to eliminate and alleviate poverty and poverty-related problems 
in the United States. AmeriCorps VISTA partners with local 
organizations to recruit, select, train, and assign volunteers 
(``members'') to work on projects at a sponsoring organization or one 
of its project sites.
    (b) In addition to its four main national service programs, 
AmeriCorps also operates several additional programs and activities. 
These include the Martin Luther King, Jr., Day of Service; the 
September 11th Day of Service; the Volunteer Generation Fund; and other 
national service programs that AmeriCorps establishes through 
agreements with other Federal agencies.


Sec.  2500.21  Focus areas.

    Through its programs, AmeriCorps provides funding and volunteer 
opportunities to address pressing unmet human, educational, 
environmental, and public safety needs of the United States, without 
displacing existing workers, and to meet the additional purposes set 
out in the national service laws. AmeriCorps' focus areas include, but 
are not limited to, disaster services, economic opportunity, education, 
environmental stewardship, healthy futures, and veterans and military 
families.

Subpart D--Logos


Sec.  2500.30  Description of logos.

    (a) The AmeriCorps logo (Logo) is the key element in agency 
identification. It provides a visual representation of the Agency's 
role to unite America by bringing people together to serve communities. 
It is symbolic of the way AmeriCorps members and volunteers lift and 
improve communities through service and volunteering. This Logo links 
the graphic communications of all Agency programs.
    (b) The Logo is an image of a solid circle containing an A where 
the right-hand pillar is a solid block line and the left-hand pillar is 
represented by a flagpole with the flag in motion, appearing to fly 
from the left to the right and forming the A as the flag intersects 
with the other pillar. AmeriCorps appears in bold to the right of the 
mark.
[GRAPHIC] [TIFF OMITTED] TP02MY23.000

    (c) The AmeriCorps Seniors logo (Seniors Logo) identifies the 
highlighted AmeriCorps Seniors programs and represents the Agency's 
commitment to programs and volunteer opportunities for older Americans.

[[Page 27427]]

[GRAPHIC] [TIFF OMITTED] TP02MY23.001

    (d) The Seniors Logo contains the word Seniors beneath AmeriCorps, 
to the right of the circle containing the A.


Sec.  2500.31  Retirement of logos.

    The agency officially retired the day-to-day use of all pre-
existing logos, emblems, and other insignia, except the Days of Service 
logos, but does not relinquish the legal rights to any retired logos.


Sec.  2500.32  Authority to affix logos.

    Restrictions on the use of AmeriCorps logos are found in 45 CFR 
2540.500 through 2540.560.

Fernando Laguarda,
General Counsel.
[FR Doc. 2023-08403 Filed 5-1-23; 8:45 am]
BILLING CODE 6050-28-P