[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68845-68847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19349]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2522

RIN 3045-AA84


AmeriCorps State and National Updates

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule.

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SUMMARY: The Corporation for National and Community Service (operating 
as AmeriCorps) is requesting public comment on a proposal to revise 
AmeriCorps State and National program regulations on the number of 
terms for which AmeriCorps will fund living allowances and other 
benefits for members. The proposal would provide that AmeriCorps 
funding may be used for living allowances and other benefits for 
members for as long as it takes the members to either earn the 
aggregate value of two Segal Education Awards or four terms, whichever 
is longer.

DATES: Written comments must be submitted by September 27, 2024.

ADDRESSES: Please send your comments electronically through the Federal 
government's one-stop rulemaking website at www.regulations.gov. 
Alternatively, you may send your comments to Elizabeth Appel, Associate 
General Counsel, at [email protected] or by mail to AmeriCorps (ATTN: 
Elizabeth Appel), 250 E Street SW, Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Jennifer Bastress Tahmasebi, Deputy 
Director, AmeriCorps State and National at 
[email protected], (202) 606-6667; or Elizabeth Appel, 
Associate General Counsel, at [email protected], (202) 967-5070.

SUPPLEMENTARY INFORMATION: 

I. Overview of Proposed Rule (Sec.  2522.235)

[[Page 68846]]

II. Regulatory Analyses
    A. Executive Orders 12866 and 13563
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act of 1995
    D. Paperwork Reduction Act
    E. Executive Order 13132, Federalism
    F. Takings (Executive Order 12630)
    G. Civil Justice Reform (Executive Order 12988)
    H. Consultation With Indian Tribes (Executive Order 13175)
    I. Clarity of This Regulation

I. Overview of Proposed Rule (Sec.  2522.235)

    AmeriCorps recently revised AmeriCorps State and National program 
regulations to, among other changes, remove the four-term limit on 
AmeriCorps State and National members' service. See 89 FR 46024 (May 
28, 2024). That revision, which becomes effective October 1, 2024, 
allows members to serve as many terms as necessary to earn the value of 
two full-time education awards,\1\ regardless of whether those terms 
are served on a full-time, part-time, or reduced part-time basis. To 
align with the existing limit to education awards funded by AmeriCorps, 
that final rule also clarified that AmeriCorps will fund benefits 
(e.g., living allowance, financial benefits during an extended term of 
disaster-related service, childcare, and health care) only up to the 
number of terms needed to attain those education awards.
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    \1\ Separate regulations at 45 CFR 2525.50 limit participants to 
receiving no more than the value of two full-time education awards.
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    Full-time, part-time, and reduced part-time terms of service have 
different hour requirements and accordingly each take a different 
number of terms to reach the aggregate value of the two full-time 
education awards. See 45 CFR 2522.220. For example, a member serving a 
full-time term of service earns the value of one education award with 
each term of service, so full-time ASN members earn the aggregate value 
of two full-time education awards in two terms (which equates to two 
years for full-time members) A member serving a reduced part-time term 
of service earns 39 percent of the value of one education award (see 45 
CFR 2525.100(b)), so reduced part-time ASN members earn the aggregate 
value of two full-time education awards in about five terms (which 
equates to five or more years for reduced part-time members).
    Since publication of the final rule, several members of the public 
have contacted AmeriCorps to point out the negative effect this will 
have on grantees for whom members typically serve four full-time terms. 
With the prior four-term limit, those members could earn the aggregate 
value of two full-time education awards in two years and continue 
serving two more years to reach the four-term limit of receiving 
AmeriCorps living allowance and benefits. Under the final rule, those 
full-time members can no longer continue to serve (receiving AmeriCorps 
living allowance and benefits) those two years beyond the initial two 
years it took to earn the aggregate value of two full-time education 
awards. The members of the public noted a particularly negative effect 
on grantees in remote and rural locations who have a smaller pool of 
individuals willing to serve. These grantees rely on the willingness of 
their AmeriCorps members to serve full-time for four years.
    Based on this input, AmeriCorps is proposing to add flexibility to 
the rule so that grantees and members who rely on the current state of 
being able to receive AmeriCorps funding for living allowances and 
benefits for up to four terms would continue to be able to receive that 
funding for four terms. The proposal also retains the final rule 
provision that allows AmeriCorps funding for the number of terms it 
takes to earn the aggregate value of two full-time education awards. 
Thus, members who serve less than full-time will continue to be funded 
for however many terms it takes to earn the aggregate value of two 
education awards.
    The proposed change, which appears at Sec.  2522.235, would provide 
that AmeriCorps will fund living allowances and other benefits only for 
the number of terms needed to attain the aggregate value of two full-
time education awards or for four terms, whichever term duration is 
longer. Programs may continue to fund benefits from non-AmeriCorps 
resources, if they choose, for members who serve beyond that time. 
These term limits only apply to AmeriCorps State and National terms.
    AmeriCorps is seeking comment on this proposal for a period of 30 
days, which is shorter than the usual 60 days provided, because if this 
rulemaking is finalized, it will relieve a burden and may take effect 
on October 1, 2024, the same effective date as the other regulatory 
changes that were finalized in the May 28, 2024, rule.

II. Regulatory Analyses

A. Executive Orders 12866 and 13563

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

B. Regulatory Flexibility Act

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

C. Unfunded Mandates Reform Act of 1995

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

D. Paperwork Reduction Act

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

E. Executive Order 13132, Federalism

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

[[Page 68847]]

F. Takings (Executive Order 12630)

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

G. Civil Justice Reform (Executive Order 12988)

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

H. Consultation With Indian Tribes (Executive Order 13175)

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

I. Clarity of This Regulation

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

List of Subjects in 45 CFR Part 2522

    Grant programs--social programs, Reporting and recordkeeping 
requirements, Volunteers.

    For the reasons stated in the preamble, under the authority of 42 
U.S.C. 12651c(c), the Corporation for National and Community Service 
proposes to amend chapter XXV, title 45 of the Code of Federal 
Regulations as follows:

PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS

0
1. The authority for part 2522 continues to read as follows:

    Authority:  42 U.S.C. 12571-12595; 12651b-12651d; E.O. 13331, 69 
FR 9911, Sec. 1612, Pub. L. 111-13.

0
2. Revise Sec.  2522.235 to read as follows:


Sec.  2522.235   Is there a limit on the number of terms an individual 
may serve in an AmeriCorps State and National program?

    The number of terms an individual may serve in an AmeriCorps State 
and National program is not limited, but the limitations in paragraphs 
(a) and (b) of this section apply.
    (a) An individual may attain only the aggregate value of two full-
time education awards.
    (b) AmeriCorps will fund the benefits described in Sec. Sec.  
2522.240 through 2522.250 only for the number of terms needed to attain 
the aggregate value of two full-time education awards or for four 
terms, whichever is longer. Grantees may choose to fund benefits for 
any additional terms.

Andrea Grill,
Acting General Counsel.
[FR Doc. 2024-19349 Filed 8-27-24; 8:45 am]
BILLING CODE 6050-28-P