Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46495 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This final rule will be effective 

on September 10, 2009. 

The EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rule is discussed in the June 

25, 2009 Federal Register notice 

containing the Area Source Aluminum, 

Copper, and Other Nonferrous 

Foundries final rule (74 FR 30366). 

List of Subjects for 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 1, 2009. 

Gina McCarthy, 

Assistant Administrator for Air and 

Radiation. 

■ For the reasons set out in the 

preamble, title 40, chapter I, part 63, 

subpart ZZZZZZ of the Code of Federal 

Regulations is amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart ZZZZZZ—[Amended] 

■ 2. Section 63.11544 is amended by: 

■ a. Revising paragraph (a)(1); 

■ b. Revising paragraph (a)(2); and 

■ c. Revising paragraph (a)(3) to read as 

follows: 

§ 63.11544 Am I subject to this subpart? 

(a) * * * 

(1) Your aluminum foundry uses 

material containing aluminum foundry 

HAP, as defined in § 63.11556, ‘‘What 

definitions apply to this subpart?’’; or 

(2) Your copper foundry uses material 

containing copper foundry HAP, as 

defined in § 63.11556, ‘‘What 

definitions apply to this subpart?’’; or 

(3) Your other nonferrous foundry 

uses material containing other 

nonferrous foundry HAP, as defined in 

§ 63.11556, ‘‘What definitions apply to 

this subpart?’’. 

* * * * * 

§ 63.11553 [Amended] 

■ 3. Section 63.11553 is amended by 

redesignating the second paragraph 

(b)(4) as paragraph (b)(5). 

[FR Doc. E9–21712 Filed 9–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2510, 2516, 2519, 2520, 

2522, 2540, 2550, 2551, 2552, and 2553 

RIN 3045–AA50 

Serve America Act Amendments to the 

National and Community Service Act 

of 1990 and the Domestic Volunteer 

Service Act of 1973 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: On April 21, 2009, President 

Obama signed into law the Edward M. 

Kennedy Serve America Act (Serve 

America Act). The Serve America Act 

reauthorizes and expands national 

service programs administered by the 

Corporation for National and 

Community Service (‘‘the Corporation’’) 

by amending the National and 

Community Service Act of 1990 (NCSA) 

and the Domestic Volunteer Service Act 

of 1973 (DVSA). The Corporation 

publishes this interim final rule to 

implement time-sensitive changes that 

are required by the Serve America Act 

to take effect on October 1, 2009. In 

addition to aligning statutory 

amendments with the NCSA and DVSA, 

the interim final rule reorders and 

renumbers certain parts of the existing 

regulations and expands the 

construction and use of defined terms. 

DATES: This interim final rule is 

effective October 1, 2009. Comments 

must be received by November 9, 2009. 

ADDRESSES: You may mail or deliver 

your comments to Amy Borgstrom, 

Docket Manager, Corporation for 

National and Community Service, 1201 

New York Ave., NW., Washington, DC 

20525. You may also send your 

comments by facsimile transmission to 

(202) 606–3476, send them 

electronically to Rulemaking@cns.gov, 

submit comments through the Federal 

government’s one-stop rulemaking Web 

site at http://www.regulations.gov, or 

submit comments on the Corporation’s 

Web site at http:// 

www.nationalservice.gov/serveact. 

Members of the public may review 

copies of all communications received 

on this rulemaking at the Corporation’s 

Washington, DC headquarters. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, (202) 606–6930, 

TDD (202) 606–3472. Persons with 

visual impairments may request this 

document in an alternate format. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Notice and Comment 

II. Background 

III. Specifics of the Interim Final Rule 

A. Learn and Serve America 

School-Based Service-Learning Programs 

Higher Education Innovative Programs for 

Community Service 

B. AmeriCorps State and National 

Prohibited Member Activities 

Criminal History Check Requirements 

Length of and Extension to a Term of 

Service 

Release From a Term of Service for 

Compelling Personal Circumstances 

Tutoring Requirements 

State Commission Composition 

Requirements 

State Plan Requirements 

State Commission Administrative Grants 

C. Senior Corps 

D. General Provisions 

Parental Involvement 

IV. Effective Dates 

V. Rulemaking Analyses and Notices 

I. Notice and Comment 

This interim final rule makes 

amendments to Chapter 25 of Title 45 of 

the Code of Federal Regulations to align 

the regulations with the National and 

Community Service Act of 1990 and the 

Domestic Volunteer Service Act, as 

amended by the Edward M. Kennedy 

Serve America Act, Public Law 111–13. 

This rule implements only those 

provisions in the Serve America Act 

that are time-sensitive and that will 

have actual programmatic impact 

beginning October 1, 2009; subsequent 

rulemakings to implement other 

provisions in the Serve America Act 

will follow. 

This interim final rule will become 

effective without prior notice and 

comment. Notice and comment 

procedures are not required under the 

Administrative Procedure Act (APA) 

when the agency for good cause finds 

that notice and comment is 

impracticable, unnecessary, or contrary 

to the public interest (5 U.S.C. 

553(b)(B)). The Corporation has 

determined that prior notice and 

comment would be impracticable under 

the circumstances. The APA’s 

legislative history defines the term 

‘‘impracticable’’ as a situation in which 

the due and required execution of the 

agency functions would be unavoidably 

prevented by its undertaking public 

rulemaking proceedings (See S. Rep. No. 

752, 79th Cong., 1st Sess. at 16 (1945)). 

The Corporation finds that public 

notice and comment before the issuance 

of this interim final rule would have 

been impracticable. The Serve America 

Act was enacted on April 21, 2009, with 

an effective date for most purposes of 


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46496 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

October 1, 2009. Immediately upon 

enactment the Corporation began the 

process of evaluating the impact that the 

Serve America Act would have on 

existing regulations and programs. This 

required the Corporation to determine 

which amendments to the NCSA and 

DVSA required regulatory changes by 

the effective date in order for programs 

to comply with the law and which 

changes could be implemented at a later 

time. The regulatory changes in this 

interim final rule are those that are 

necessary for compliance with the law 

on the effective date. The process of 

analyzing the need for immediate 

changes to the regulations and preparing 

and publishing the interim final rule for 

timely implementation did not provide 

sufficient time for prior notice and 

comment. 

The Corporation invites all interested 

persons to submit written views, or 

other information on this interim final 

rule. Even though this interim final rule 

takes effect before the comment period 

closes, comments submitted in response 

to this notice will be given full 

consideration and will be addressed 

when the Corporation publishes final 

regulations for these interim regulations. 

To ensure that your comments have 

maximum value in helping us develop 

final regulations, we urge you to 

identify clearly the specific section or 

sections of the interim final regulations 

that each comment addresses and to 

arrange your comments in the same 

order as the interim final regulations. 

During and after the comment period, 

you may inspect all public comments 

about these interim final regulations by 

contacting the Docket Manager listed in 

this notice. 

For more information about 

commenting please visit our Web site at 

http://www.nationalservice.gov/ 

ServeAct. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. Background 

On April 21, 2009, President Obama 

signed into law the Edward M. Kennedy 

Serve America Act (Serve America Act). 

The Serve America Act reauthorizes and 

expands national service programs 

administered by the Corporation by 

amending the NCSA and DVSA. The 

Corporation engages four million 

Americans in service each year, 

including approximately 75,000 

AmeriCorps members, 492,000 Senior 

Corps Volunteers, 1.1 million Learn and 

Serve America students, and 2.2 million 

additional community volunteers 

mobilized and managed through agency 

programs. This interim final rule is 

being published to implement timesensitive changes to the Corporation’s 

AmeriCorps State/National, Senior 

Corps, and Learn and Serve America 

program regulations. The changes are 

required as a result of amendments to 

the NCSA and DVSA by the Serve 

America Act, which takes effect for most 

purposes on October 1, 2009. Section 

6101 of the Serve America Act 

authorizes the Chief Executive Officer of 

the Corporation to issue such 

regulations as may be necessary to carry 

out the amendments required under the 

act. This action is intended to fulfill that 

responsibility. Amendments mandated 

by the Serve America Act that do not 

require immediate regulatory action will 

be implemented through other means 

including future proposed rulemaking 

with notice and the opportunity for 

comment. Among other things, the 

interim final rule renumbers certain 

parts of the existing regulations, 

removes regulations for programs that 

will no longer be authorized, and 

expands the construction and use of 

defined terms as required by the Serve 

America Act amendments. An overview 

of specific changes for each program is 

set out below. 

III. Specifics of the Interim Final Rule 

(A) Learn and Serve America 

School-Based Service-Learning 

Programs 

Section 1201 of the Serve America 

Act makes amendments to the 

Corporation’s service-learning programs 

under Subtitle B (Learn and Serve 

America) of Title I of the NCSA, as 

reflected below. References to section 

numbers of Subtitle B in the following 

discussion are to the revised section 

numbers reflected in the Serve America 

Act. References to the regulations are to 

the appropriate sections of 45 CFR Part 

2516. 

Definitions (§ 2510.20) 

Section 1102 of the Serve America 

Act amends the NCSA at § 101 to add 

a definition for community-based entity, 

which is now an eligible entity for 

certain types of direct and subgrant 

school-based funding. The interim final 

rule adds this definition to 45 CFR 

2510.20. 

Purpose for School-Based ServiceLearning Programs (§ 2516.100) 

The Serve America Act amends the 

NCSA at section 111 by including, for 

the first time, a purpose provision for 

school-based service-learning programs. 

This purpose provision is incorporated 

into the regulations verbatim. This 

change reassigns § 2516.100 to the new 

purpose provision and reassigns prior 

§§ 2616.100 through 110 as 

§§ 2616.110–120. 

Eligible Applicants for Direct Grants 

(§ 2516.110) 

The Serve America Act amends the 

NCSA at section 112 by revising the 

types of entities that are eligible 

applicants for a direct school-based 

grant from the Corporation. 

Accordingly, paragraph (a)(1) is 

amended to reflect that for funding 

eligibility purposes an SEA means a 

State Educational Agency (SEA) or SEAdesignated statewide entity (which may 

be a community-based entity). 

Paragraph (a)(3) is amended to remove 

grantmaking entity as an eligible direct 

recipient; and to reflect that a 

community-based entity is now eligible 

for funding to conduct activities in a 

nonparticipating State or Indian Tribe. 

Note, however, that a grantmaking 

entity meeting the definition of a 

community-based entity may qualify as 

an SEA-designated statewide entity. 

Previous paragraph (a)(4) regarding the 

eligibility that a local educational 

agencies (LEA) or LEA partnerships may 

apply for direct funding has been 

removed. 

Eligible Applicants for Subgrants 

(§ 2516.120) 

Under the Serve America Act 

amendments (NCSA § 112(a), 113(b)), 

the list of entities for eligible to receive 

distributions of school-based funds from 

a direct grantee was changed in several 

ways. Most notably, in addition to LEAs 

and qualified organizations, for-profit 

businesses, private elementary and 

secondary schools, and institutions of 

higher education are eligible for support 

from a State or Indian Tribe for planning 

and capacity building. Additionally, a 

community-based entity will be eligible 

to make subgrants when it is a direct 

grantee of the Corporation. Since 

grantmaking entities no longer are 

eligible for direct funding, the reference 

to them as a distributor of subgrants in 

§ 2516.120 (formerly § 2516.110) is 

amended to reflect this change. 

Another change made by the Serve 

America Act amendment of the NCSA at 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46497 

section 112(a)(2)(B)(ii) is the provision 

that when an Indian Tribe, as a direct 

recipient, distributes school-based funds 

to support a local partnership’s costs for 

implementing, operating or expanding 

school-based service learning projects, 

that Tribe is not eligible to be part of the 

partnership operating that project. 

Similarly, under section 112(a)(4) when 

an Indian Tribe is a direct recipient, it 

is not eligible to receive funds it 

distributes to support the 

implementation, operation or expansion 

of an adult volunteer service-learning 

program. 

Finally, the Serve America Act 

permits States and Indian Tribes to 

support eligible entities in carrying out 

civic engagement activities, so this is 

now reflected in § 2516.120. 

Use of Grant Funds (§ 2516.200) 

Section 112(a) of NCSA as amended 

by the Serve America Act authorizes 

school-based funds to be used to 

support five types of service-learning 

programs: (1) Planning and capacitybuilding for States and Indian Tribes; (2) 

implementing, operating, and 

expanding school-based service-learning 

programs; (3) planning of school-based 

service-leaning programs through 

distributions to LEAs and Indian Tribes; 

(4) implementing, operating, or 

expanding adult volunteer programs; 

and (5) developing civic engagement 

service-learning programs. The 

amendments expand the authorized use 

of school-based fund in several ways. In 

addition to the authorized activities set 

out in the previous version of this rule, 

the interim final rule under 

§ 2516.200(a)(2)(vi) permits recipients to 

use funds for planning and capacity 

building activities associated with 

establishing effective outreach and 

dissemination to ensure the broadest 

possible participation of schools 

throughout a State, with special 

emphasis on schools that are not making 

adequate progress under section 111 of 

the Elementary and Secondary 

Education Act of 1965. Under the same 

subsection at (a)(2)(ii), the development 

of service-learning curricula must be 

consistent with State or local academic 

content standards. LEA planning grant 

authority under § 2516.200(c)(3)(ii) is 

expanded to now permit recipients to 

pay the cost of recruiting, training, 

supervising, and placing servicelearning coordinators who may be, but 

are not required to be, AmeriCorps 

VISTA members or participants in a 

Youthbuild program. The prior rule 

only allowed such support for 

AmeriCorps State/National members 

serving as service-learning coordinators. 

Consistent with the Serve America Act, 

grantees may use funds to support civic 

engagement programs as described in 

§ 2516.200(f). 

Waiver for Private School Participants 

(§ 2516.310) 

Section 115(a) of the NCSA as 

amended by the Serve America Act 

requires school-based State, territory, 

and Indian Tribe grantees to provide for 

the inclusion of services and 

arrangements for the equitable 

participation of private school students 

and private school teachers in 

supported programs. Under § 115(b), the 

Corporation’s Chief Executive Officer 

may waive the requirement to include 

private school participants if a grantee 

is prohibited by law from providing for 

their participation. Essentially the same 

waiver provision existed under the 

NCSA at § 115A(b) prior to passage of 

the Serve America Act. However, the 

Serve America Act removes the 

requirement that waiver procedures be 

consistent with ‘‘the consultation, 

withholding, notice and judicial review 

requirements’’ [of the Elementary and 

Secondary Act of 1965]. Therefore, the 

regulation is amended to remove the 

quoted waiver procedure language by 

removing subsection (b)(2). 

Contents of a Direct Grant Application 

From a State or Indian Tribe 

(§ 2516.400) 

Section 1612 of the Serve America 

Act, adds section 189D to the NCSA. 

The criminal history check requirement 

of section 189D applies to all 

individuals receiving a living 

allowance, stipend, national service 

educational award, or salary through a 

program receiving assistance under the 

national service laws, regardless of the 

type of service the individual is 

performing or the individual’s access to 

vulnerable populations. Section 189D 

also provides that an individual 

convicted of murder, as described in 

section 1111 of title 18, United States 

Code, is ineligible to serve in a national 

service position. The criminal history 

check standards are set out in the 

regulations at 45 CFR Part 2540. Thus, 

in addition to the other assurances that 

applicants must make, compliance with 

the criminal history check requirements 

under Part 2540, which take effect 

October 1, 2009, has been added to 

§ 2516.400(c)(2) and 2516.410(c)(4). 

For more information on criminal 

history checks, please visit the 

Corporation’s Web site at http:// 

www.nationalservice.gov/ 

for_organizations/manage/ 

history_checks.asp. 

Contents of a Direct Grant Application 

From a Community-Based Entity 

(§ 2516.410) 

Consistent with amendments to the 

NCSA at section 113, this section of the 

regulation is amended to replace 

grantmaking entity with communitybased entity and to remove references to 

LEAs and local partnerships, which may 

no longer apply for grants directly from 

the Corporation except as an SEAdesignated entity in lieu of an SEA. 

Additionally, as discussed in the 

previous paragraph, § 2516.410(c)(4) is 

amended to require applicants for direct 

funding as a community-based entity to 

make as assurance that it will comply 

with the criminal history check 

requirements of 45 CFR Part 2540. 

Contents of a Subgrant (§ 2516.420) 

Like § 2516.410, this section is 

amended by replacing the term 

grantmaking entity with communitybased entity, thereby making it 

consistent with the Serve America Act’s 

NCSA amendments regarding the type 

of entities now eligible for direct 

funding, which in turn will make 

subgrants. 

Application Review Criteria for Direct 

Grants (§ 2516.500) 

As is the case in other sections of Part 

2516, this section replaces the term 

grantmaking entity with communitybased entity at (a)(3)(i). In that same 

paragraph a technical amendment is 

made by changing the reference to the 

State Plan from § 2550.80(a) to section 

2513. Added to the list of priorities in 

reviewing proposals is the phrase 

serving economically disadvantaged 

youth at (b)(2), thereby making this 

priority consistent with the amendment 

to the priorities set out in the Serve 

America Act’s NCSA amendment at 

section 114. 

Application Review Criteria for 

Subgrants (§ 2516.520) 

Consistent with the Serve America 

Act, this section is amended by 

replacing the term grantmaking entity 

with community-based entity. 

Distribution of Funds (§ 2516.600) 

The Serve America Act makes several 

major changes to the NCSA at section 

112A that affect this section of the 

regulations. For the first time, the 

Corporation is required to reserve a 

minimum of school-based funding for 

Indian Tribes and U.S. Territories. 

Previously, the Corporation was 

required to reserve ‘‘not more than 3 

percent,’’ but there was no minimum 

amount that had to be reserved. The 

Serve America Act amendments now 


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46498 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

require that ‘‘not less than 2 percent and 

not more than 3 percent’’ be reserved for 

Indian Tribes and U.S. territories. This 

change is now reflected in paragraph (a) 

of the regulation. 

The competitive school-based 

program has been eliminated. Therefore 

reference to the 25 percent set-aside for 

the program has been deleted from 

paragraph (b)(1). Paragraph (b)(1) has 

been reassigned to the formula 

allotments to the States. The allotment 

percentage has been raised in the NCSA 

amendments from 37.5 percent to 50 

percent for the number of school-age 

youth in a State that bears to the total 

number of school-age youth in all States 

and for the amount a State will receive 

based on the ratio of the State’s prior 

fiscal year allocation under Chapter 1 of 

Title I of the Elementary and Secondary 

Education Act of 1965. The Serve 

America Act amendments provide that 

if Learn and Serve America funding 

exceeds $50 million in any fiscal year, 

the minimum allotted to each State will 

be $75,000. The prior minimum funding 

amount was based on fiscal year 1993 

funding, supplemented by State 

competitive funds. These minimum 

funding changes are reflected in (b)(iii). 

Paragraph (c) is amended to add 

community-based entity in place of 

local partnerships or LEAs for the type 

of entity eligible for funding in a 

nonparticipating State, as provided in 

the Serve America Act. Lastly, 

paragraph (d) of the regulation 

referencing competitive funding if less 

than $20 million is appropriated has 

been removed in conformity with the 

Serve America Act. 

Match Requirements (§ 2516.700) 

The amendments to the NCSA at 

section 116 lower the Corporation’s 

share available for school-based 

programs. The Corporation’s share in 

the first year is decreased to 80 percent. 

In the second year it is decreased to 

sixty-five percent and for the third and 

any subsequent years, it is set at fifty 

percent. These changes are now 

reflected in paragraph (a) of the 

regulation. The Serve America Act 

amendments preclude the use as match 

of funding from Title I of the Elementary 

and Secondary Education Act of 1965 

(20 U.S.C. 6311 et seq.) or the 

Individuals with Disabilities Education 

Act (20 U.S.C. 1400 et seq.), unless 

waived by the Corporation based on 

lack of available resources at the local 

level. This change is reflected in 

paragraph (b). 

Limits on Administrative Costs & 

Capacity (§ 2516.710) 

The amendments to the NCSA at 

section 117 raise the amount of funding 

that may be used to pay for 

administrative costs from five percent to 

a maximum of six percent. This change 

is reflected in paragraph (a), where 

appropriate. The amendments also 

remove the requirement that recipients 

spend 10 to 15 percent of funding on 

capacity building. Therefore, this 

requirement has been removed from the 

regulation. 

Higher Education Innovative Programs 

for Community Service 

Section 1202 of the Serve America 

Act makes amendments to the 

Corporation’s Higher Education 

program. References to section numbers 

of Subtitle B of the NCSA in the 

following discussion are to the revised 

section numbers reflected in the Serve 

America Act. References to the 

regulations are to the appropriate 

sections of 45 CFR Part 2519. 

Federal Work-Study Requirement 

(§ 2519.120) 

The interim final rule adds 

§ 2519.120, which requires recipients to 

meet minimum Federal Work-Study 

standards as provided in section 119(g) 

of the NCSA as amended by the Serve 

America Act. Specifically, the Serve 

America Act amendments provide that 

an institution of higher education, to be 

eligible for NCSA funding, must 

demonstrate that it meets the minimum 

requirements under the Higher 

Education Act of 1965 (443(b)(2)(A); 42 

U.S.C. 2753(b)(2)(A)) relating to the 

participation of Federal Work-Study 

students employed under part C of title 

IV of the Higher Education Act of 1965 

(42 U.S.C. 2751 et seq.) in community 

service activities or has received a 

waiver of those requirements from the 

Secretary of Education. The current 

minimum requirement under section 

443(b)(2)(A) of the Higher Education Act 

provides that an institution must use at 

least 7 percent of the total amount of 

funds granted to it under the Federal 

Work-Study program to support 

students engaged in community service. 

Contents of a Grant Application 

(§ 2519.400) 

As is the case with all other 

Corporation national service programs, 

the Serve America Act amendments 

now apply the criminal history check 

provisions of section 189D of the NCSA 

to the Higher Education Program. The 

criminal history check standards are set 

out in 45 CFR Part 2540. Thus, in 

addition to the other assurances that 

applicants must make, compliance with 

the criminal history check requirements 

under Part 2540, which take effect 

October 1, 2009, has been added to 

§ 2519.400(b)(2). 

Application Review Criteria 

(§ 2519.500) 

The Serve America Act amendments 

(NCSA section 119(f)) include several 

revised or additional application review 

criteria that are reflected in paragraphs 

(b)(4), (5), (6), (7), and (10) of this 

section. These include consideration of 

an applicant’s description of a 

partnership that will participate in, 

among previously acceptable activities, 

providing service in or involving lowincome communities and a department 

of the institution, or a group of faculty 

comprised of different departments, 

schools, or colleges at an institution. 

Other new review criteria include 

demonstrating the extent to which a 

proposal will contribute to the goals of 

involved community members and a 

commitment to performing projects in 

underserved communities, methods for 

improving service, and a description of 

needs that proposed projects are 

intended to address. 

Acceptable Match (§ 2519.700) 

The interim final rule, in accordance 

with the Serve America Act 

amendments (NCSA § 119(c)(1)), adds a 

descriptive phrase regarding match by 

clarifying that private funds or donated 

services are acceptable as local match. 

Limits on Administrative Costs 

(§ 2519.710) 

Amendments to the NCSA at § 117 

increase the amount of funding that may 

be used to pay for administrative costs 

from five percent to a maximum of six 

percent for school-based programs. A 

similar amendment for the Higher 

Education Program is reflected in this 

section. 

(B) AmeriCorps State and National 

The Serve America Act lists as an 

effective date October 1, 2009. For this 

rule, we have identified those 

provisions in that Act that will require 

grantees to amend their practices 

beginning October 1, 2009 that conflict 

with a provision in current AmeriCorps 

regulations. The rule includes 

amendments to the list of prohibited 

member activities, criminal history 

check requirements, definitions for 

terms of service, documentation 

requirements for a release for 

compelling personal circumstances, 

requirements for tutors and tutoring 

programs, and State Commission 

administrative grant range and match 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46499 

requirements, composition 

requirements, and State Plan 

requirements. There are many 

provisions in the Act that will be 

implemented in later rulemakings; this 

rule is primarily to eliminate conflict 

between the law and the regulations for 

those provisions that will have an 

immediate impact on grantee 

operations. 

Prohibited Member Activities 

(§ 2520.65) 

The Serve America Act adds a new 

section 132A to the NCSA, codifying the 

Corporation’s longstanding list of 

activities in which AmeriCorps 

members may not engage during 

AmeriCorps service hours. In addition 

to those activities the Corporation 

already prohibits (found in current 

§ 2520.65) the SAA prohibits 

AmeriCorps members from ‘‘[p]roviding 

abortion services or referrals for receipt 

of such services.’’ This interim final rule 

amends § 2520.65 to include a 

prohibition on providing abortion 

services or referrals for receipt of such 

services during AmeriCorps member 

service hours. No member, including 

currently serving members, may engage 

in this newly added prohibited activity 

during AmeriCorps service hours on or 

after October 1, 2009. 

Criminal History Check Requirements 

(§§ 2522.205–207, 2540.200–207) 

Section 1612 of the Serve America 

Act, adds a new section 189D to the 

NCSA, codifying existing AmeriCorps 

criminal history check requirements, 

with two significant changes. First, 

section 189D expands coverage to all 

individuals receiving ‘‘a living 

allowance, stipend, national service 

educational award, or salary through a 

program receiving assistance under the 

national service laws’’—regardless of 

the type of service the individual is 

performing or the individual’s access to 

vulnerable populations. Previously, the 

criminal history check outlined in our 

regulations in Part 2540 was required 

only for individuals with recurring 

access to vulnerable populations. 

Second, section 189D states that an 

‘‘individual shall be ineligible to serve 

in a [covered position] if such 

individual * * * has been convicted of 

murder, as described in section 1111 of 

title 18, United States Code.’’ This is in 

addition to the current suitability 

criteria rendering ineligible individuals 

who are registered, or required to be 

registered, on a State sex offender 

registry. This interim rule amends 

§§ 2522.205–207 and §§ 2540.200–201 

to align with these changes to the 

statute. Programs must amend their 

criminal history check practices to 

comply with these changes for any 

individual who will receive a living 

allowance, stipend, education award, or 

salary through the program hired or 

enrolled in a program on or after 

October 1, 2009. Programs are not 

required to apply these changes to 

individuals hired or enrolled prior to 

that date. For more information on 

criminal history check requirements, 

please visit the Corporation’s Web site 

at http://www.nationalservice.gov/for_

organizations/manage/history_

checks.asp. 

The Serve America Act also includes 

a provision which would require FBI 

fingerprint checks for individuals 

working with vulnerable populations. 

This provision goes into effect two years 

after the date of enactment of the Serve 

America Act, and will be implemented 

in a later rulemaking. 

Length of and Extension to a Term of 

Service (§§ 2522.220, 2522.240) 

The Serve America Act amends 

section 139 of the NCSA by making two 

significant changes to the definition of 

terms of service: (1) It removes the 

limitation that a full-time term of 

service must be served over a period of 

at least nine months; and (2) it sets the 

maximum length of a part-time term of 

service at two years, conforming with 

current practice. This rule amends 

§ 2522.220(a) to align the definitions of 

full-time and part-time terms of service 

with the new statutory definitions. 

Under this rule, a full-time term of 

service is defined as 1,700 hours of 

service over a period of not more than 

one year, and a part-time term of service 

is defined as 900 hours of service during 

a period of not more than two years. 

While it is no longer necessary for a 

full-time term to cover a period of at 

least nine months, our grant provisions 

still require that grantees ‘‘ensure that 

each member has sufficient opportunity 

to complete the required number of 

hours to qualify for their education 

award.’’ (2009 AmeriCorps Grant 

Provisions, IV.C.5). Further, ‘‘[in] 

planning for the member’s term of 

service, the grantee must account for 

holidays and other time off, and must 

provide each member with sufficient 

opportunity to make up missed hours.’’ 

(2009 AmeriCorps Grant Provisions, 

IV.D.1). A grantee that imposes 

unreasonable service hour requirements 

on an AmeriCorps member may be 

considered to be non-compliant with 

these provisions. The new definitions 

for terms of service will go into effect for 

any member enrolling on or after 

October 1, 2009. 

The Serve America Act also amends 

section 139 to provide an exception to 

the limit on the length of a term of 

service for disaster purposes. The Act 

states that ‘‘an individual in an 

approved national service position 

performing service directly related to 

disaster relief efforts may continue in a 

term of service for a period of 90 days 

beyond the period otherwise specified.’’ 

The Act specifies that ‘‘a period of 

service performed by an individual in 

an originally-agreed to term of service 

and service performed [during an 

extension for disaster purposes] shall 

constitute a single term of service.’’ 

Further, while the Act permits a 

program to continue to provide a 

member with a living allowance and 

other benefits during an extension for 

disaster purposes, the member would 

not be eligible for any additional 

education award beyond what would be 

received for the originally agreed-upon 

term of service. In other words, an 

AmeriCorps member serving in a fulltime position whose term of service was 

extended to respond to a natural 

disaster would be eligible for an 

education award of equivalent value to 

a member whose term was not 

extended. This rule amends § 2522.220 

to provide for an extension to a term of 

service for disaster purposes, and 

amends § 2522.240 to provide for the 

receipt of a living allowance and other 

benefits during an extension. Any 

program wishing to extend a member’s 

term of service for disaster relief 

purposes must first obtain permission 

from the Corporation. 

Release From a Term of Service for 

Compelling Personal Circumstances 

(§ 2522.230) 

The amendments to the NCSA at 

section 139 include a change to how a 

release for compelling personal 

circumstances is documented. Under 

the amended section, the program has 

the responsibility for determining 

whether an individual should be 

released for compelling personal 

circumstances, and is responsible for 

certifying the individual’s eligibility for 

a pro-rated educational award; the 

program is no longer required to obtain 

or maintain documentation of the 

member’s demonstration of compelling 

personal circumstances. This interim 

rule amends § 2522.230 to align with the 

changes to the statute. Programs will 

still be required to keep documentation 

of the basis for their determination that 

compelling personal circumstances 

prevented the participant from 

completing a term of service 

(§ 2522.230(a)(4)). 


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To be released for compelling 

personal circumstances under the 

amended section, the individual must 

have ‘‘otherwise performed 

satisfactorily and [have] completed at 

least 15 percent of the term of service’’. 

While the Serve America Act changes 

current practice by limiting releases for 

compelling personal circumstances to 

those members who have served at least 

15 percent of a term of service, this 

change in characterization of the release 

will not impact an individual’s 

eligibility to serve an additional term or 

to receive an education award. Under 

current rules, an individual’s eligibility 

for a subsequent term of service is not 

affected by release for cause so long as 

the individual received a satisfactory 

end-of-term performance review 

(§ 2522.230(b)(6)). Further, under 

current rules an individual released for 

compelling personal circumstances 

must have served at least 15 percent of 

a term of service to be eligible to receive 

a pro-rated education award 

(§ 2526.20(a)). To illustrate, the 

following table shows the impact of 

releases prior to serving 15% under 

current rules: 

Reason for release prior to serving 15% 

Eligible for 

education 

award? 

Eligible for 

subsequent 

term of 

service? 

For Cause—For reasons of misconduct .................................................................................................................... No ................ No. 

For Cause—For reasons other than misconduct ....................................................................................................... No ................ Yes. 

For Compelling Personal Circumstances ................................................................................................................... No ................ Yes. 

As illustrated above, considering all 

releases for reasons other than 

misconduct—including those reasons a 

program may consider ‘‘compelling’’— 

has no impact on a member’s eligibility 

to earn an education award or serve a 

subsequent term of service. 

Tutoring Requirements (§§ 2522.910, 

930, 940) 

The Serve America Act amends 

section 122 of the NCSA to codify the 

Corporation’s existing regulatory 

requirements for AmeriCorps tutoring 

programs, with two significant 

differences. First, amended section 

122(h) requires that an AmeriCorps 

tutoring program certify that an 

individual serving as a tutor, except for 

‘‘an individual serving in an approved 

national service position who is 

enrolled in an elementary or secondary 

school and is providing tutoring 

services through a structured, schoolmanaged cross-grade tutoring program,’’ 

have ‘‘obtained their high school 

diploma.’’ Previously, our rules have 

permitted an individual who has not 

received a high school diploma the 

option of passing a proficiency test in 

order to serve as a tutor; amended 

section 122(h) removes this option. For 

the purposes of this requirement, ‘‘high 

school diploma’’ can be understood to 

mean a high school diploma or its 

equivalent. 

Second, amended section 122(h) 

requires that AmeriCorps tutoring 

programs ‘‘offer a curriculum that is 

high quality, research-based, and 

consistent with the State academic 

standards required by section 1111 of 

the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311) 

and the instructional program of the 

local educational agency.’’ Previously, 

our rules have permitted programs to 

offer a curriculum that is consistent 

with the State academic standards or the 

instructional program of the local 

educational agency; this change will 

require that the curricula be consistent 

with both. 

This interim final rule aligns the 

regulatory requirements in §§ 2522.910, 

930, and 940 with those in the amended 

statute. Tutoring programs must ensure 

that all members enrolling after October 

1, 2009, have earned a high school 

diploma or its equivalent. All tutoring 

programs beginning after October 1, 

2009, must design their curriculum to 

be consistent with both the State 

academic standards and the 

instructional program of the local 

educational agency. 

State Commission Composition 

Requirements (§ 2550.50) 

Section 178 of the NCSA, as amended 

by the Serve America Act, adds to the 

list of required voting members of a 

State Commission a ‘‘representative of 

the volunteer sector.’’ This rule amends 

the list of required voting members of a 

State Commission in § 2550.50 to align 

with the statute. 

In addition, amended section 178 no 

longer permits States to allow the exofficio member of the Commission 

designated by the Corporation as a 

representative to be a voting member. 

This rule amends § 2550.80 to align 

with the statute and longstanding 

Corporation guidance. 

State Plan Requirements (§ 2550.80) 

The Serve America Act amends the 

duties of State Commissions listed in 

section 178 of the NCSA by expanding 

the required components of the State 

Plan and adding a new requirement for 

a State Service Plan for adults age 55 

and older. 

State Plans 

Under amended section 178, the State 

Plan must provide for ‘‘effective 

coordination of funding applications 

submitted by the State and other 

organizations within the State under the 

national service laws,’’ must ‘‘include 

measurable goals and outcomes for the 

State national service programs in the 

State consistent with the performance 

levels for national service programs as 

described in section 179(k),’’ must 

‘‘ensure outreach to, and coordination 

with, municipalities (including large 

cities) and county governments 

regarding the national service laws,’’ 

and is ‘‘subject to approval by the chief 

executive officer of the State.’’ 

This rule amends § 2550.80(a) to align 

with the new requirements for State 

Plans in the NCSA. The Corporation 

understands that different States have 

different schedules for their State plans, 

meaning that while one State may be in 

the third year of its three-year plan, 

another State may be beginning its first 

year. Further, we understand that many 

of the new components in the State Plan 

rely upon elements of the Serve 

America Act that have not yet been 

implemented, such as the program 

performance levels required in section 

179(k) of the NCSA that will not begin 

to be used with State and National 

operational grants until the 2010 

funding cycle. The Serve America Act 

makes an additional amendment to the 

description of the State Plan by 

describing it as covering a three-year 

period, ‘‘the beginning of which may be 

set by the State.’’ Therefore, when a 

State Commission is preparing to 

develop its next three-year plan, it must 

incorporate these new elements. This 

will give States time to consider other 

changes resulting from implementation 

of the Serve America Act and enable 


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States to develop a plan befitting their 

particular needs and timeline. 

Supplemental State Plan for Adults Age 

55 or Older 

Amended section 178 also adds a 

requirement for a ‘‘State Service Plan for 

Adults Age 55 or Older’’ (hereinafter 

‘‘Supplemental State Plan for Adults 

Age 55 or Older’’, or ‘‘Supplemental 

Plan’’). While there will likely be 

overlap between the two plans, this plan 

is distinct from the State Plan in two 

significant ways beyond the plans’ 

required content. First, unlike the State 

Plan, States are required to have a 

Supplemental Plan in order to be 

eligible to receive any funds under 

Subtitles B and C of title I of the 

NCSA—including funding for Learn and 

Serve programs, AmeriCorps programs, 

disability placement funds, and 

administrative grants. Second, unlike 

the State Plan, there is no statutory 

requirement for a time period the 

Supplemental Plan must cover, nor is 

there a requirement to update this new 

plan on an annual basis. In order to 

ensure that all States are eligible to 

receive Subtitle B and C funding in the 

coming year, the required components 

of the Supplemental Plan have already 

been incorporated in the application 

instructions for Admin/PDAT/Disability 

applications due this Fall. States may 

choose to periodically update the 

Supplemental Plan along with their 

State Plans. 

This rule adds development of a 

Supplemental State Plan for Adults Age 

55 or Older to the list of duties of State 

Commissions in § 2550.80 to align the 

list with the statute. As stated in the rule 

and in the Admin/PDAT/Disability 

instructions, these plans must: 

(1) Include recommendations for 

policies to increase service for adults 

age 55 or older, including how to best 

use such adults as sources of social 

capital, and how to utilize their skills 

and experience to address community 

needs; 

(2) Include recommendations to the 

State agency on aging (as defined in 

section 102 of the Older Americans Act 

of 1965, 42 U.S.C. 3002) on a marketing 

outreach plan to businesses and 

outreach to nonprofit organizations, the 

State educational agency, institutions of 

higher education, and other State 

agencies; 

(3) Include recommendations for civic 

engagement and multigenerational 

activities, including early childhood 

education and care, family literacy, and 

other after school programs, respite 

services for adults age 55 or older and 

caregivers, and transitions for older 

adults age 55 or older to purposeful 

work in their post-career lives; and 

(4) Incorporate the current knowledge 

base regarding the economic impact of 

the roles of workers age 55 or older in 

the economy, the social impact of the 

roles of such workers in the community, 

the health and social benefits of active 

engagement for adults age 55 or older. 

The plans, once developed, must be 

made available to the public. 

State Commission Administrative 

Grants (§ 2550.110) 

Amount of Administrative Grants 

The Serve America Act amends 

section 126 of the NCSA, the section 

authorizing administrative grants to 

State Commissions for the purpose of 

establishing or operating the 

Commission. Under amended section 

126, the range of administrative grants 

has been increased from $125,000– 

$750,000 to $250,000 up to $1 million. 

This rule amends § 2550.110(a) to reflect 

the new range. Please note that the 

minimum administrative grant amount 

of $250,000 will not be in effect until a 

fiscal year 2010 Appropriations Bill is 

enacted. Please also note that the 

$1,000,000 is an ‘‘up to’’ amount, and 

the Corporation will exercise its 

discretion based on availability of 

funds, as to the amount awarded to 

larger States. 

Administrative Grant Matching 

Requirements 

Amended section 126 requires States 

to ‘‘provide matching funds from nonFederal sources of not less than $1 for 

every $1 provided by the Corporation’’ 

in the administrative grant. For the first 

time, this amended section will allow 

the Corporation to waive the match 

requirement for State Commissions that 

demonstrate hardship or for new State 

Commissions. 

Upon receipt of such a waiver, the 

Commission will use the following 

match schedule, as outlined in amended 

section 126: 

Grant amount Match requirement 

(1) First $100,000 ..................................................................... No match requirement. 

(2) Amounts above $100,000 but less than $250,000 ............ $1 of non-Federal funds for every $2 provided by the Corporation in excess of 

$100,000. 

(3) Amounts greater than $250,000 ......................................... $1 of non-Federal funds for every $1 provided by the Corporation in excess of 

$250,000. 

For example, a Commission receiving 

an administrative grant amount of 

$300,000 who has received a waiver 

would have a match requirement of 

$125,000: 

$0 (for the first $100,000). 

+ $75,000 (for the amount between 

$101,000 and $250,000 (or 

.5 × $150,000)). 

+ $50,000 (for the amount between 

$251,000 and $300,000 (or 1 

× $50,000)). 

$125,000 

Please note that match waivers 

authorized under amended section 126 

will not be available until an FY 2010 

Appropriations Bill has been enacted. 

(C) Senior Corps 

The Serve America Act amends 

sections 200, 211, and 213(a) of the 

Domestic Volunteer Service Act of 1973 

(DVSA) by lowering the age of eligibility 

for participation in the Senior 

Companion and Foster Grandparent 

Programs from 60 to 55. The Act also 

includes more expansive language that 

will permit Foster Grandparents to serve 

children whose circumstances limit 

their academic, social, or emotional 

development, as well as provide 

supportive services and companionship 

to children with special or exceptional 

needs. 

The Serve America Act also adds a 

conviction for the offense of murder, as 

defined under Federal law in section 

1111 of title 18, United States Code, as 

an offense disqualifying an individual 

from serving as a Senior Companion, 

Foster Grandparent, or as a grant-funded 

employee of the Senior Companion, 

Foster Grandparent, or the Retired and 

Senior Volunteer Program. Programs 

must amend their criminal history 

check procedures to comply with the 

new criteria for all staff and volunteers 

selected on or after October 1, 2009. For 

more information on criminal history 

check requirements, please visit the 


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46502 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

Corporation’s Web site at http:// 

www.nationalservice.gov/ 

for_organizations/manage/ 

history_checks.asp. 

The Serve America Act amends 

section 211 of the DVSA to raise the 

income eligibility guidelines for Senior 

Companion and Foster Grandparent 

volunteers to 200 percent of the poverty 

line, as set forth in 42 U.S.C. 9902(2). 

This interim rule amends the applicable 

sections of the Senior Corps regulations, 

which address the above issues, to align 

them with the new statutory 

requirements of the Serve America Act. 

Finally, the Serve America Act also 

amends the DVSA by requiring the 

Corporation to develop a competitive 

process for issuing grants for the Retired 

and Service Volunteer Program 

beginning in 2013. This process will be 

addressed in future Corporation 

rulemaking. 

(D) General Provisions 

Parental Involvement (§ 2540.330) 

The Serve America Act amends 

section 177 of the NCSA to add a 

requirement that all recipients of funds 

under the national service laws that 

intend to operate programs that include 

and serve children must ‘‘consult with 

the parents or legal guardians of 

children in developing and operating’’ 

those programs. Further, the Act adds a 

requirement that any recipient of funds 

under the national service laws must, 

‘‘before transporting minor children, 

provide the children’s parents with the 

reason for the transportation and obtain 

the parents’ permission for such 

transportation, consistent with State 

law.’’ 

This interim rule adds these 

requirements in a new § 2540.330. Learn 

and Serve America, VISTA, Senior 

Corps, and AmeriCorps State and 

National programs beginning after 

October 1, 2009, that will include or 

serve children must include in their 

program design an opportunity to 

consult with parents of the children 

included or served. All programs that 

transport children, including existing 

programs, must provide the children’s 

parents or legal guardians with the 

reason for transportation and obtain a 

parent’s or legal guardian’s permission 

for the transportation beginning on 

October 1, 2009. 

IV. Effective Dates 

This interim final rule will take effect 

October 13, 2009. 

V. Rulemaking Analyses and Notices 

Regulatory Flexibility Act 

The Corporation has determined that 

the 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 foreignbased enterprises in domestic and 

export markets. Therefore, the 

Corporation 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. 

Other Impact Analyses 

This rule contains no information 

collection requirements and is therefore 

not subject to the requirements of the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). 

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. 

List of Subjects 

45 CFR Part 2510 

Grant programs—social programs, 

Volunteers. 

45 CFR Part 2516 

Grants administration, Grant 

programs—social programs. 

45 CFR Part 2519 

Grants administration, Grant 

programs—social programs. 

45 CFR Part 2520 

Grant programs—social programs, 

Volunteers. 

45 CFR Part 2522 

Grants administration, Grant 

programs—social programs, Volunteers. 

45 CFR Part 2540 

Civil rights, Fraud, Grants 

administration, Grant programs—social 

programs, Trademarks—signs and 

symbols, Trust, Volunteers. 

45 CFR Part 2550 

Grants administration, Grant 

programs—social programs. 

45 CFR Part 2551 

Aged, Grant programs—social 

programs, Reporting and recordkeeping 

requirements, Volunteers. 

45 CFR Part 2552 

Aged, Grant programs—social 

programs, Reporting and recordkeeping 

requirements, Volunteers. 

45 CFR Part 2553 

Aged, Grant programs—social 

programs, Reporting and recordkeeping 

requirements, Volunteers. 

■ For the reasons stated in the preamble, 

under the authority of 42 U.S.C. 12651d, 

the Corporation for National and 

Community Service amends chapter 

XXV, title 45 of the Code of Federal 

Regulations as follows: 

PART 2510—OVERALL PURPOSES 

AND DEFINITIONS 

■ 1. The authority citation for part 2510 

is revised to read as follows: 

Authority: 42 U.S.C. 12511. 

■ 2. Amend § 2510.20 by adding the 

definition of ‘‘community-based entity’’ 

to read as follows: 

§ 2510.20 Definitions. 

* * * * * 

Community-based entity. The term 

community-based entity means a public 

or private nonprofit organization that— 

(1) Has experience with meeting 

unmet human, educational, 

environmental, or public safety needs; 

and 

(2) Meets other such criteria as the 

Chief Executive Officer may establish. 

* * * * * 

PART 2516—SCHOOL-BASED 

SERVICE-LEARNING PROGRAMS 

■ 3. The authority citation for part 2516 

is revised to read as follows: 

Authority: 42 U.S.C. 12521–12529; 42 

U.S.C. 12645g. 

■ 4. Revise Subpart A to read as follows: 

Subpart A—Eligibility To Apply 

Sec. 

2516.100 What is the purpose of schoolbased service-learning programs? 

2516.110 Who may apply for a direct grant 

from the Corporation? 

2516.120 Who may apply for funding a 

subgrant? 


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Subpart A—Eligibility To Apply 

§ 2516.100 What is the purpose of schoolbased service-learning programs? 

The purpose of school-based servicelearning programs is to promote servicelearning as a strategy to support highquality service-learning projects that 

engage students in meeting community 

needs with demonstrable results, while 

enhancing students’ academic and civic 

learning; and support efforts to build 

institutional capacity, including the 

training of educators, and to strengthen 

the service infrastructure to expand 

service opportunities. 

§ 2516.110 Who may apply for a direct 

grant from the Corporation? 

(a) The following entities may apply 

for a direct grant from the Corporation: 

(1) A State, through a State 

educational agency (SEA). For purposes 

of this part ‘‘State’’ means one of the 50 

States, the District of Columbia, the 

Commonwealth of Puerto Rico, and, 

except for the purpose of § 2516.600(b), 

U.S. Territories; ‘‘SEA’’ means a ‘‘State 

educational agency’’ as defined in 

§ 2510.20 of this chapter or an SEAdesignated statewide entity (which may 

be a community-based entity) with 

demonstrated experience in supporting 

or implementing service-learning 

programs. 

(2) An Indian Tribe. 

(3) For activities in a nonparticipating 

State or Indian Tribe, a communitybased entity as defined in § 2510.20. 

(b) The types of grants for which each 

entity is eligible are described in 

§ 2516.200. 

§ 2516.120 Who may apply for funding a 

subgrant? 

Entities that may apply for a subgrant 

from a State, Indian Tribe, or 

community-based entity are: 

(a) A qualified organization, Indian 

Tribe, Territory, local educational 

agency, for-profit business, private 

elementary school or secondary school, 

or institution of higher education for a 

grant from a State for planning and 

building the capacity of school-based 

service-learning programs. 

(b) A local partnership, for a grant 

from a State to implement, operate, or 

expand a school-based service learning 

program. 

(1) The local partnership must 

include an LEA and one or more 

community partners. The local 

partnership may include a private forprofit business, or private elementary or 

secondary school, or an Indian Tribe 

(except that an Indian Tribe distributing 

funds to a project under this paragraph 

is not eligible to be part of the 

partnership operating that project). 

(2) The community partners must 

include a public or private nonprofit 

organization that has demonstrated 

expertise in the provision of services to 

meet educational, public safety, human, 

or environmental needs; will make 

projects available for participants, who 

must be students; and was in existence 

at least one year before the date on 

which the organization submitted an 

application under this part. 

(c) An LEA or Indian Tribe for 

planning school-based service-learning 

programs involving paying, recruiting, 

and supporting service-learning 

coordinators. 

(d) An LEA, local partnership, or 

public or private nonprofit organization 

for a grant from a State to implement, 

operate, or expand an adult volunteer 

program. The local partnership must 

include an LEA and one or more public 

or private nonprofit organizations, other 

educational agencies, or an Indian Tribe 

(except that an Indian Tribe distributing 

funds under this paragraph is not 

eligible to be a recipient of those funds) 

that coordinate and operate projects for 

participants who must be students. 

(e) An eligible entity for a grant from 

a State or Indian Tribe to carry out civic 

engagement activities. 

5. Revise § 2516.200 to read as 

follows: 

§ 2516.200 How may grant funds be used? 

Funds under a school-based service 

learning grant may be used for the 

purposes described in this section. 

(a) Planning and capacity-building. 

(1) A State, Indian Tribe, or communitybased entity may use funds to pay for 

planning and building its capacity to 

implement school-based servicelearning programs. These entities may 

use funds either directly or through 

subgrants or contracts with qualified 

organizations. 

(2) Authorized activities include the 

following: 

(i) Providing training for teachers, 

supervisors, personnel from 

community-based agencies (particularly 

with regard to the utilization of 

participants) and trainers, conducted by 

qualified individuals or organizations 

experienced in service-learning. 

(ii) Developing service-learning 

curricula, consistent with State or local 

academic content standards, to be 

integrated into academic programs, 

including the age-appropriate learning 

components for students to analyze and 

apply their service experiences. 

(iii) Forming local partnerships 

described in § 2516.120 to develop 

school-based service-learning programs 

in accordance with this part. 

(iv) Devising appropriate methods for 

research and evaluation of the 

educational value of service-learning 

and the effect of service-learning 

activities on communities. 

(v) Establishing effective outreach and 

dissemination of information to ensure 

the broadest possible involvement of 

community-based agencies with 

demonstrated effectiveness in working 

with school-age youth in their 

communities. 

(vi) Establishing effective outreach 

and dissemination of information to 

ensure the broadest possible 

participation of schools throughout the 

State, Territory or serving the Indian 

Tribe involved, with particular attention 

to schools not making adequate yearly 

progress for two or more consecutive 

years under section 1111 of the 

Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.). 

(b) Implementing, operating, and 

expanding school-based programs. (1) A 

State, Indian Tribe or community-based 

entity may use funds to make subgrants 

to local partnerships described in 

§ 2516.120(b) to implement, operate, or 

expand school-based service-learning 

programs. 

(2) If a State does not submit an 

application that meets the requirements 

for an allotment grant under § 2516.400, 

the Corporation may use the allotment 

to fund applications from communitybased entities for programs in that State. 

(3) Authorized activities include 

paying the costs of the recruitment, 

training, supervision, placement, 

salaries and benefits of service-learning 

coordinators. 

(c) Planning programs. (1) A State 

may use funds to make subgrants to 

LEAs for planning school-based servicelearning programs. 

(2) If a State does not submit an 

application that meets the requirements 

for an allotment grant under § 2516.400, 

the Corporation may use the allotment 

to fund applications from communitybased entities for planning programs in 

that State. 

(3) Authorized activities include 

paying the costs of— 

(i) The salaries and benefits of servicelearning coordinators as defined in 

§ 2510.20 of this chapter; and 

(ii) The recruitment, training, 

supervision, and placement of servicelearning coordinators who may be, but 

are not required to be, participants in an 

AmeriCorps program described in parts 

2520 through 2524 of this chapter, or 

who receive AmeriCorps education 

awards, or who may be participants in 

a project under section 201 of the 

Domestic Volunteer Service Act of 1973 

(42 U.S.C. 5001), or who may participate 


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in a Youthbuild program under section 

173A of the Workforce Investment Act 

of 1998 (29 U.S.C. 2918a). 

(d) Adult volunteer programs. (1) A 

State, Indian Tribe, or community-based 

entity may use funds to make subgrants 

to local partnerships described in 

§ 2516.120(c) to implement, operate, or 

expand school-based programs 

involving adult volunteers to utilize 

service-learning to improve the 

education of students. 

(2) If a State does not submit an 

application that meets the requirements 

for an allotment grant under § 2516.400, 

the Corporation may use the allotment 

to fund applications from those local 

partnerships for adult volunteer 

programs in that State. 

(e) Planning by Indian Tribes and U.S. 

Territories. If the Corporation makes a 

grant to an Indian Tribe or a U.S. 

Territory to plan school-based servicelearning programs, the grantee may use 

the funds for that purpose. 

(f) Civic engagement programs. A 

State, Indian Tribe, Territory or 

qualified organization may use funds to 

support service-learning civic 

engagement programs that promote a 

better understanding of: 

(1) The principles of the Constitution, 

the heroes of United States history 

(including military history), and the 

meaning of the Pledge of Allegiance; 

(2) How the Nation’s government 

functions; and 

(3) The importance of service in the 

Nation’s character. 

§ 2516.310 [Amended] 

■ 6. Amend § 2516.310 by removing 

paragraph (b)(2) and redesignating 

paragraph (b)(1) as paragraph (b). 

■ 7. Revise § 2516.400(c)(2) to read as 

follows: 

§ 2516.400 What must a State or Indian 

Tribe include in an application for a grant? 

* * * * * 

(c) * * * 

(2) Comply with the criminal history 

check requirements for all grant-funded 

staff employed after October 1, 2009, in 

accordance with 45 CFR 2540.200–207, 

as well as the nonduplication, 

nondisplacement, and grievance 

procedure requirements of Part 2540. 

■ 8. Revise § 2516.410 to read as 

follows: 

§ 2516.410 What must a community-based 

entity include in an application for a grant? 

In order to apply to the Corporation 

for a grant, a community-based entity 

must submit the following: 

(a) A detailed description of the 

proposed program goals and activities. 

The application of a community-based 

entity must include— 

(1) A description of how the applicant 

will coordinate its activities with the 

State Plan under § 2513 of this chapter, 

including a description of plans to meet 

and consult with the State Commission, 

if possible, and to provide a copy of the 

program application to the State 

Commission and with other Federallyassisted activities. 

(b) The specific program, budget, and 

other information specified by the 

Corporation in the grant application 

package. 

(c) Assurances that the applicant 

will— 

(1) Keep such records and provide 

such information to the Corporation 

with respect to the program as may be 

required for fiscal audits and program 

evaluations; 

(2) Prior to the placement of a 

participant, consult with the 

appropriate local labor organization, if 

any, representing employees in the area 

who are engaged in the same or similar 

work as that proposed to be carried out 

by the program, to prevent the 

displacement and protect the rights of 

those employees; 

(3) Develop an age-appropriate 

learning component for participants in 

the program that includes a chance for 

participants to analyze and apply their 

service experiences; and 

(4) Comply with the criminal history 

check requirements for all grant-funded 

staff employed after October 1, 2009, in 

accordance with 45 CFR 2540.200–207, 

as well as the nonduplication, 

nondisplacement, and grievance 

procedure requirements of Part 2540. 

■ 9. Revise § 2516.420 to read as 

follows: 

§ 2516.420 What must an LEA, local 

partnership, qualified organization or other 

eligible entity include in an application for 

a subgrant? 

In order to apply for a subgrant from 

a State, Indian Tribe, or communitybased entity under this part, an 

applicant must include the information 

required by the Corporation grantee. 

■ 10. Amend § 2516.500(a)(3)(i) by 

removing the word ‘‘grantmaking’’ and 

adding the word ‘‘community-based’’ in 

it place and by revising paragraph (b)(2) 

to read as follows: 

§ 2516.500 How does the Corporation 

review the merits of an application? 

* * * * * 

(b) * * * 

(2) Reflect the greatest need for 

assistance, such as programs targeting 

low-income areas or serving 

economically disadvantaged youth; 

* * * * * 

§ 2516.520 [Amended] 

■ 11. Amend the caption for § 2516.520 

by removing the term ‘‘grantmaking’’ 

and adding the term ‘‘communitybased’’ in its place. 

■ 12. Revise § 2516.600 to read as 

follows: 

§ 2516.600 How are funds for schoolbased service-learning programs 

distributed? 

(a) Of the amounts appropriated to 

carry out this part for any fiscal year, the 

Corporation will reserve not less than 

two percent and not more than three 

percent for grants to Indian Tribes and 

U.S. Territories to be allotted in 

accordance with their respective needs. 

(b) The Corporation will use the 

remainder of the funds appropriated as 

follows: 

(1) Allotments to States. 

(i) From 50 percent of the remainder, 

the Corporation will allot to each State 

an amount that bears the same ratio to 

50 percent of the remainder as the 

number of school-age youth in the State 

bears to the total number of school-age 

youth of all States. 

(ii) From 50 percent of the remainder, 

the Corporation will allot to each State 

an amount that bears the same ratio to 

50 percent of the remainder as the 

allocation to the State for the previous 

fiscal year under Chapter 1 of Title I of 

the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6301 

et seq.) bears to the allocations to all 

States. 

(iii) Notwithstanding other provisions 

of paragraph (b)(1) of this section, for 

any fiscal year for which amounts 

appropriated for Part I of Subtitle B of 

Title I of the National and Community 

Service Act of 1990 (42 U.S.C. 12521 et 

seq.) exceed $50,000,000, the minimum 

allotment to each State under this 

paragraph (b)(1) will be $75,000. 

(2) For the purpose of paragraph (b) of 

this section, ‘‘State’’ means one of the 50 

States, the District of Columbia, and the 

Commonwealth of Puerto Rico. 

(c) If a State or Indian Tribe does not 

submit an application that meets the 

requirements for approval under this 

part, the Corporation (after making any 

grants to community-based entities for 

activities in nonparticipating States) 

may use its allotment for States and 

Indian Tribes with approved 

applications, as the Corporation 

determines appropriate. 

■ 13. Revise § 2516.700 to read as 

follows: 


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§ 2516.700 What matching funds are 

required? 

(a) The Corporation share of the cost 

of carrying out a program funded under 

this part may not exceed— 

(1) Eighty percent of the total cost for 

the first year for which the program 

receives assistance; 

(2) Sixty-five percent of the total cost 

for the second year; and 

(3) Fifty percent of the total cost for 

the third year and any subsequent year. 

(b) In providing for the remaining 

share of the cost of carrying out a 

program, each recipient of assistance 

must provide for that share through a 

payment in cash or in-kind, fairly 

evaluated, including facilities, 

equipment, or services, and may 

provide for that share through State 

sources, local sources, or Federal 

sources (other than funds made 

available under the national service 

laws or title I of the Elementary and 

Secondary Act of 1965 (20 U.S.C. 6311 

et seq.)). 

(c) The Corporation may waive the 

requirements of paragraph (b) of this 

section in whole or in part with respect 

to any program in any fiscal year if the 

Corporation determines that the waiver 

would be equitable due to a lack of 

available financial resources at the local 

level. 

■ 14. Revise § 2516.710 to read as 

follows: 

§ 2516.710 What are the limits on the use 

of funds? 

The following limits apply to funds 

available under this part: 

(a) (1) Not more than six percent of 

the grant funds provided under this part 

for any fiscal year may be used to pay 

for administrative costs, as defined in 

§ 2510.20 of this chapter. 

(2) The distribution of administrative 

costs between the grant and any 

subgrant is subject to the approval of the 

Corporation. 

(3) In applying the limitation on 

administrative costs, the Corporation 

may approve one of the following 

methods in the award document: 

(i) Limit the amount or rate of indirect 

costs that may be paid with Corporation 

funds under a grant or subgrant to six 

percent of total Corporation funds 

expended, provided that— 

(A) Organizations that have an 

established indirect cost rate for Federal 

awards will be limited to this method; 

and 

(B) Unreimbursed indirect costs may 

be applied to meeting operational 

matching requirements under the 

Corporation’s award; 

(ii) Specify that a fixed rate of six 

percent or less (not subject to 

supporting cost documentation) of total 

Corporation funds expended may be 

used to pay for administrative costs, 

provided that the fixed rate is in 

conjunction with an overall 15 percent 

administrative cost factor to be used for 

organizations that do not have 

established indirect cost rates; or 

(iii) Use such other method that the 

Corporation determines in writing is 

consistent with OMB guidance and 

other applicable requirements, helps 

minimize the burden on grantees or 

subgrantees, and is beneficial to 

grantees or subgrantees and the Federal 

Government. 

(b) Funds made available under this 

part may not be used to pay any stipend, 

allowance, or other financial support to 

any participant in a service-learning 

program under this part except 

reimbursement for transportation, 

meals, and other reasonable out-ofpocket expenses directly related to 

participation in a program assisted 

under this part. 

PART 2519—HIGHER EDUCATION 

INNOVATIVE PROGRAMS FOR 

COMMUNITY SERVICE 

■ 15. The authority citation for part 

2519 is revised to read as follows: 

Authority: 42 U.S.C. 12561; 42 U.S.C. 

12645g. 

■ 16. Add § 2519.120 in subpart A to 

read as follows: 

§ 2519.120 What is the Federal Work-Study 

Requirement? 

To be eligible for assistance under this 

part, an institution of higher education 

must demonstrate that it meets the 

minimum requirements under section 

443(b)(2)(A) of the Higher Education Act 

of 1965 (42 U.S.C. 2753(b)(2)(A)) 

relating to the participation of students 

employed under part C of title IV of the 

Higher Education Act of 1965 (42 U.S.C. 

2751 et seq.) (relating to Federal WorkStudy programs) in community service 

activities, or has received a waiver of 

those requirements from the Secretary of 

Education. 

■ 17. Amend § 2519.400 by revising 

paragraph (c)(2) to read as follows: 

§ 2519.400 What must an applicant include 

in an application for a grant? 

* * * * * 

(c) * * * 

(2) Comply with the criminal history 

check requirements for all grant-funded 

staff employed after October 1, 2009, in 

accordance with 45 CFR 2540.200–207, 

as well as the nonduplication, 

nondisplacement, and grievance 

procedure requirements of Part 2540. 

■ 18. Revise § 2519.500 to read as 

follows: 

§ 2519.500 How does the Corporation 

review an application? 

(a) The Corporation will review an 

application submitted under this part on 

the basis of the quality, innovation, 

replicability, and sustainability of the 

proposed program and such other 

criteria as the Corporation establishes in 

an application package. 

(b) In addition, in reviewing 

applications submitted under this part, 

the Corporation will take into 

consideration whether proposed 

programs— 

(1) Demonstrate the commitment of 

the institution of higher education, 

other than by demonstrating the 

commitment of its students, to 

supporting the community service 

projects carried out under the program; 

(2) Specify how the institution will 

promote faculty, administration, and 

staff participation in the community 

service projects; 

(3) Specify the manner in which the 

institution will provide service to the 

community through organized 

programs, including, where appropriate, 

clinical programs for students in 

professional schools and colleges; 

(4) Describe any higher education 

partnership that will participate in the 

community service projects, such as a 

higher education partnership comprised 

of the institution, a student 

organization, a community-based 

agency, a local government agency, or a 

nonprofit entity that serves or involves 

school-age youth, older adults, lowincome communities, a department of 

the institution, or a group of faculty 

comprised of different departments, 

schools, or colleges at the institution; 

(5) Demonstrate community 

involvement in the development of the 

proposal and the extent to which the 

proposal will contribute to the goals of 

the involved community members; 

(6) Demonstrate a commitment to 

perform community service projects in 

underserved urban and rural 

communities; 

(7) Describe research on effective 

strategies and methods to improve 

service utilized in the design of the 

projects; 

(8) Specify that the institution will 

use funds under this part to strengthen 

the infrastructure in institutions of 

higher education; 

(9) With respect to projects involving 

delivery of service, specify projects that 

involve leadership development of 

school-age youth; or 

(10) Describe the needs that the 

proposed projects are designed to 


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address, such as housing, economic 

development, infrastructure, health 

care, job training, education, crime 

prevention, urban planning, 

transportation, information technology, 

or child welfare. 

(c) In addition, the Corporation may 

designate additional review criteria in 

an application notice that will be used 

in selecting programs. 

■ 19. Amend § 2519.700 by revising 

paragraph (b) to read as follows: 

§ 2519.700 Are matching funds required? 

* * * * * 

(b) In providing for the remaining 

share of the cost of carrying out a 

program, each recipient of assistance 

must provide for that share through a 

payment in cash or in-kind, fairly 

evaluated, including facilities, 

equipment, or services, and may 

provide for that share through State 

sources, local sources (including private 

funds or donated services) or Federal 

sources (other than funds made 

available under the national service 

laws). 

* * * * * 

§ 2519.710 [Amended] 

■ 20. Amend § 2519.710 by replacing 

the term ‘‘five percent’’ with ‘‘six 

percent’’ in (a)(1), (a)(3)(i) and (a)(3)(ii). 

PART 2520—GENERAL PROVISIONS: 

AMERICORPS SUBTITLE C 

PROGRAMS 

■ 21. The authority citation for part 

2520 is revised to read as follows: 

Authority: 42 U.S.C. 12571–12595. 

■ 22. Amend § 2520.65 by: 

■ a. Removing the word ‘‘and’’ from the 

end of paragraph (a)(8)(iv); 

■ b. Redesignating paragraph (a)(10) as 

(a)(11); and 

■ c. Adding a new paragraph (a)(10) to 

read as follows: 

§ 2520.65 What activities are prohibited in 

AmeriCorps subtitle C programs? 

(a) * * * 

(10) Providing abortion services or 

referrals for receipt of such services; and 

* * * * * 

PART 2522—AMERICORPS, 

PARTICIPANTS, PROGRAMS, AND 

APPLICANTS 

■ 23. The authority citation for part 

2522 is revised 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. 

§ 2522.205 [Amended] 

■ 24. Amend § 2522.205 by removing 

‘‘, and which involves recurring access 

to children, persons age 60 or older, or 

individuals with disabilities.’’ 

■ 25. Revise § 2522.206 to read as 

follows: 

§ 2522.206 What suitability criteria must I 

apply to a covered position? 

An individual is ineligible to serve in 

a covered position if the individual: 

(a) Is registered, or required to be 

registered, on a State sex offender 

registry or the National Sex Offender 

Registry; or 

(b) Has been convicted of murder, as 

defined in section 1111 of title 18, 

United States Code. 

■ 26. Amend § 2522.220 by revising 

paragraphs (a)(1) and (a)(2) and adding 

a new paragraph (g) to read as follows: 

§ 2522.220 What are the required terms of 

service for AmeriCorps participants, and 

may they serve more than one term? 

(a) * * * 

(1) Full-time service. 1,700 hours of 

service during a period of not more than 

one year. 

(2) Part-time service. 900 hours of 

service during a period of not more than 

two years. 

* * * * * 

(g) Extension of term for disaster 

purposes. If approved by the 

Corporation, a program may permit an 

AmeriCorps participant performing 

service directly related to disaster relief 

efforts to continue in a term of service 

for a period of up to 90 days beyond the 

period otherwise specified. A period of 

service performed by an AmeriCorps 

participant in an originally agreed-upon 

term of service and service performed 

under this paragraph shall constitute a 

single term of service for the purposes 

of § 2526.50(a) of this chapter. 

■ 27. Amend § 2522.230 by: 

■ a. Revising the introductory text; 

■ b. Revising paragraph (a)(1); 

■ c. Removing paragraph (a)(3); and 

■ d. Redesignating paragraphs (a)(4) 

through (a)(7) as (a)(3) through (a)(6), 

respectively. 

The revised text reads as follows: 

§ 2522.230 Under what circumstances may 

AmeriCorps participants be released from 

completing a term of service, and what are 

the consequences? 

An AmeriCorps program may release 

a participant from completing a term of 

service for compelling personal 

circumstances, as determined by the 

program, or for cause. 

(a) * * * 

(1) An AmeriCorps program may 

release a participant upon a 

determination by the program, 

consistent with the criteria listed in 

paragraphs (a)(6) and (a)(7) of this 

section, that the participant is unable to 

complete the term of service because of 

compelling personal circumstances, if 

the participant has otherwise performed 

satisfactorily and has completed at least 

fifteen percent of the agreed term of 

service. 

* * * * * 

■ 28. Amend § 2522.240 by adding a 

new paragraph (c) to read as follows: 

§ 2522.240 What financial benefits do 

AmeriCorps participants serving in 

approved AmeriCorps positions receive? 

* * * * * 

(c) Financial benefits for participants 

during an extended term of service for 

disaster purposes. An AmeriCorps 

participant performing extended service 

under § 2522.220(g) may continue to 

receive a living allowance under 

paragraph (b) and other benefits under 

§ 2522.250, but may not receive an 

additional AmeriCorps educational 

award under paragraph (a). 

■ 29. Revise § 2522.910(b)(1) to read as 

follows: 

§ 2522.910 What basic qualifications must 

an AmeriCorps member have to serve as a 

tutor? 

If the tutor is: 

Then the tutor must 

meet the following 

qualifications: 

* * * * * 

(b) * * ...................... (1) High School diploma or its equivalent, or a higher degree; and 

* * * * * 

§ 2522.930 [Reserved] 

■ 30. Remove and reserve § 2522.930. 

■ 31. Amend § 2522.940 by: 

■ a. Revising paragraphs (a) and (c) to 

read as follows: 

§ 2522.940 What are the requirements for a 

program in which AmeriCorps members 

serve as tutors? 

* * * * * 

(a) Articulate appropriate criteria for 

selecting and qualifying tutors, 

including the requirements in 

§ 2522.910 of this subpart, and certify 

that selected tutors meet the 

requirements in § 2522.910. 

* * * * * 

(c) Certify that the tutoring 

curriculum and pre-service and inservice training content are high-quality 

and research-based, consistent with the 

instructional program of the local 


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educational agency and with State 

academic content standards. 

* * * * * 

PART 2540—GENERAL 

ADMINISTRATIVE POSITIONS 

■ 32. The authority citation for part 

2540 is revised to read as follows: 

Authority: E.O. 13331, 69 FR 9911; 18 

U.S.C. 506, 701, 1017; 42 U.S.C. 12653, 

12631–12637; 42 U.S.C. 5065. 

§ 2540.200 [Amended] 

■ 33. Amend § 2540.200 by removing 

‘‘, and which involves recurring access 

to children, persons age 60 and older, or 

individuals with disabilities’’. 

■ 34. Revise § 2540.201 to read as 

follows: 

§ 2540.201 What suitability criteria must I 

apply to a covered position? 

An individual is ineligible to serve in 

a covered position if the individual: 

(a) Is registered, or required to be 

registered, on a State sex offender 

registry or the National Sex Offender 

Registry; or 

(b) Has been convicted of murder, as 

defined in section 1111 of title 18, 

United States Code. 

■ 35. Amend § 2540.203 by revising the 

section heading and paragraphs (a) and 

(b) to read as follows: 

§ 2540.203 When must I conduct a State 

criminal registry check and a National Sex 

Offender Public Web site check on an 

individual in a covered position? 

(a) The State criminal registry check 

must be conducted on Foster 

Grandparents, Senior Companions, and 

AmeriCorps State and National 

participants and grant-funded staff with 

recurring access to children, persons age 

60 or older, or individuals with 

disabilities, who enroll in, or are hired 

by, your program after November 23, 

2007. For all other covered individuals, 

the State criminal registry check must 

be conducted on an individual who 

enrolls in, or is hired by, your program 

on or after October 1, 2009. 

(b) The National Sex Offender Public 

Web site check must be conducted on 

an individual who is serving, or applies 

to serve, as a Foster Grandparent, Senior 

Companion, or AmeriCorps State and 

National participant or grant-funded 

staff with recurring access to children, 

persons age 60 or older, or individuals 

with disabilities on or after November 

23, 2007. For all other covered 

individuals, the National Sex Offender 

Public Web site check must be 

conducted on an individual who enrolls 

in, or is hired by, your program on or 

after October 1, 2009. 

■ 36. Add § 2540.330 to Subpart C to 

read as follows: 

§ 2540.330 Parental Involvement Required 

(a) Consultation Requirement. 

Programs that receive assistance under 

the national service laws shall consult 

with the parents or legal guardians of 

children in developing and operating 

programs that include and serve 

children. 

(b) Parental Permission. Programs that 

receive assistance under the national 

service laws must, before transporting 

minor children, provide the children’s 

parents or legal guardians with the 

reason for the transportation and obtain 

the parent’s or legal guardian’s 

permission for such transportation, 

consistent with State law. 

PART 2550—REQUIREMENTS AND 

GENERAL PROVISIONS FOR STATE 

COMMISSIONS AND ALTERNATIVE 

ADMINISTRATIVE ENTITIES 

■ 37. The authority citation for Part 

2550 continues to read as follows: 

Authority: 42 U.S.C. 12638. 

■ 38. Amend § 2550.50 by: 

■ a. Removing the word ‘‘and’’ from the 

end of paragraph (a)(8); 

■ b. Removing the period and adding 

‘‘; and’’ at the end of paragraph (a)(9); 

■ c. Adding a new paragraph (a)(10); 

and 

■ d. Revising paragraph (i). 

The additions and revisions read as 

follows: 

§ 2550.50 What are the composition 

requirements and other requirements, 

restrictions, or guidelines for State 

Commissions? 

(a) * * * 

(10) A representative of the volunteer 

sector. 

* * * * * 

(i) The role of the Corporation 

representative. The Corporation will 

designate one of its employees to serve 

as a representative to each State or 

group of States. This individual must be 

included as an ex officio non-voting 

member on the State Commission. In 

general, the Corporation representative 

will be responsible for assisting States 

in carrying out national service 

activities. 

■ 39. Amend § 2550.80 by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Redesignating paragraph (a)(5) as 

(a)(9); 

■ c. Adding new paragraphs (a)(5), 

(a)(6), (a)(7), and (a)(8); and 

■ d. Adding a new paragraph (i). 

The revisions and additions read as 

follows: 

§ 2550.80 What are the duties of the State 

entities? 

* * * * * 

(a) Development of a three-year, 

comprehensive national and community 

service plan and establishment of State 

priorities. The State entity must develop 

and annually update a Statewide plan 

for national service covering a threeyear period, the beginning of which may 

be set by the State, that is consistent 

with the Corporation’s broad goals of 

meeting human, educational, 

environmental, and public safety needs 

and meets the following minimum 

requirements: 

* * * * * 

(5) The plan must ensure outreach to, 

and coordination with, municipalities 

and county governments regarding the 

national service laws. 

(6) The plan must provide for 

effective coordination of funding 

applications submitted by the State and 

other organizations within the State 

under the national service laws. 

(7) The plan must include measurable 

goals and outcomes for national service 

programs funded through the State 

consistent with the performance levels 

for national service programs. 

(8) The plan is subject to approval by 

the chief executive officer of the State. 

* * * * * 

(i) Supplemental State Service Plan 

for Adults Age 55 or Older. To be 

eligible to receive a grant or allotment 

under subtitles B or C of title I of the 

National and Community Service Act 

(42 U.S.C. 12501 et seq.), or to receive 

a distribution of approved national 

service positions under subtitle C of title 

I of that Act, a State must work with 

appropriate State agencies and private 

entities to develop a comprehensive 

State service plan for service by adults 

age 55 or older. This plan must: 

(1) Include the following elements: 

(i) Recommendations for policies to 

increase service for adults age 55 or 

older, including how to best use such 

adults as sources of social capital, and 

how to utilize their skills and 

experience to address community 

needs; 

(ii) Recommendations to the State 

agency on aging (as defined in section 

102 of the Older Americans Act of 1965, 

42 U.S.C. 3002) on a marketing outreach 

plan to businesses and outreach to 

nonprofit organizations, the State 

educational agency, institutions of 

higher education, and other State 

agencies; 

(iii) Recommendations for civic 

engagement and multigenerational 

activities, including early childhood 

education and care, family literacy, and 


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other after school programs, respite 

services for adults age 55 or older and 

caregivers, and transitions for older 

adults age 55 or older to purposeful 

work in their post-career lives; 

(2) Incorporate the current knowledge 

base regarding— 

(i) The economic impact of the roles 

of workers age 55 or older in the 

economy; 

(ii) The social impact of the roles of 

such workers in the community; 

(iii) The health and social benefits of 

active engagement for adults age 55 or 

older; and 

(3) Be made available to the public 

and transmitted to the Corporation. 

■ 40. Revise § 2550.110 to read as 

follows: 

§ 2550.110 What grants will be available 

from the Corporation to assist in 

establishing and operating a State 

Commission, Alternative Administrative 

Entity, or Transitional Entity? 

(a) Administrative Grants. The 

Corporation may make administrative 

grants to States in an amount no less 

than $250,000 and up to $1 million for 

the purpose of establishing or operating 

a State Commission or AAE; these 

grants will be available to States which 

have Corporation-approved Transitional 

Entities only if those States commit to 

establishing a Corporation-approved 

State Commission or AAE prior to the 

expiration of the transitional period. 

(b) Limitation on Federal share. 

Except as provided in paragraph (c) of 

this section, the amount of a grant that 

may be provided to a State under this 

subsection, together with other Federal 

funds available to establish or operate 

the State Commission or AAE, may not 

exceed 50 percent of the total cost to 

establish or operate the State 

Commission or AAE. 

(c) Alternative Match Schedule. The 

Corporation may permit a State that 

demonstrates hardship or a new State 

Commission to meet alternative 

matching requirements for such a grant 

as follows: 

Grant amount Match requirement 

(1) First $100,000 ..................................................................... No match requirement. 

(2) Amounts above $100,000 but less than $250,000 ............ $1 of non-Federal funds for every $2 provided by the Corporation in excess of 

$100,000. 

(3) Amounts greater than $250,000 ......................................... $1 of non-Federal funds for every $1 provided by the Corporation in excess of 

$250,000. 

PART 2551—SENIOR COMPANION 

PROGRAM 

■ 41. The authority citation for part 

2551 continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 42. Revise § 2551.11 to read as 

follows: 

§ 2551.11 What is the Senior Companion 

Program? 

The Senior Companion Program 

provides grants to qualified agencies 

and organizations for the dual purpose 

of engaging persons 55 and older, 

particularly those with limited incomes, 

in volunteer service to meet critical 

community needs; and to provide a high 

quality experience that will enrich the 

lives of the volunteers. Program funds 

are used to support Senior Companions 

in providing supportive, individualized 

services to help older adults with 

special needs maintain their dignity and 

independence. 

§ 2551.23 [Amended] 

■ 43. Amend paragraph (f) of § 2551.23 

by removing the term ‘‘§ 2551.45’’ and 

adding ‘‘2551.46’’ in its place. 

§ 2551.41 [Amended] 

■ 44. Amend paragraph (a)(1) of 

§ 2551.41 by removing the term ‘‘60’’ 

and adding ‘‘55’’ in its place. 

■ 45. Revise § 2551.42 to read as 

follows: 

§ 2551.42 What types of criminal 

convictions or other adjudications 

disqualify an individual from serving as a 

Senior Companion or as a Senior 

Companion grant-funded employee? 

Any individual who is registered, or 

who is required to be registered, on a 

State sex offender registry, or who has 

been convicted of murder, as defined 

under Federal law in section 1111 of 

title 18, United States Code, is deemed 

unsuitable for, and may not serve in, a 

position as a Senior Companion or as a 

Senior Companion grant-funded 

employee. 

■ 46. Amend § 2551.43 by revising 

paragraph (a) to read as follows: 

§ 2551.43 What income guidelines govern 

eligibility to serve as a stipended Senior 

Companion? 

(a) To receive a stipend, a Senior 

Companion may not have an annual 

income from all sources, after deducting 

allowable medical expenses, which 

exceeds the program’s income eligibility 

guideline for the State in which he or 

she resides. The income eligibility 

guideline for each State is 200 percent 

of the poverty line, as set forth in 42 

U.S.C. 9902 (2). 

* * * * * 

§ 2551.101 [Amended] 

■ 47. Amend § 2551.101 by removing 

the term ‘‘60’’ and adding ‘‘55’’ in its 

place. 

PART 2552—FOSTER GRANDPARENT 

PROGRAM 

■ 48. The authority citation for part 

2552 continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 49. Revise § 2552.11 to read as 

follows: 

§ 2552.11 What is the Foster Grandparent 

Program? 

The Foster Companion Program 

provides grants to qualified agencies 

and organizations for the dual purpose 

of engaging persons 55 and older, 

particularly those with limited incomes, 

in volunteer service to meet critical 

community needs; and to provide a high 

quality experience that will enrich the 

lives of the volunteers. Program funds 

are to be used to support Foster 

Grandparents in providing supportive, 

person to person service to children 

with exceptional needs, or in 

circumstances that limit their academic, 

social, or emotional development. 

■ 50. Amend § 2552.23 by: 

■ a. Revising paragraph (a); 

■ b. In paragraph (f), removing the term 

‘‘2552.45’’ and adding ‘‘2552.46’’ in its 

place. 

The revised text reads as follows: 

§ 2552.23 What are a sponsor’s program 

responsibilities? 

* * * * * 

(a) Focus Foster Grandparent 

resources on providing supportive 

services and companionship to children 

with special and exceptional needs, or 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46509 

in circumstances that limit their 

academic, social, or emotional 

development within the project’s 

service area. 

* * * * * 

§ 2552.41 [Amended] 

■ 51. Amend § 2552.41(a)(1) by 

removing the term ‘‘60’’ and adding 

‘‘55’’ in its place. 

■ 52. Revise § 2552.42 to read as 

follows: 

§ 2552.42 What types of criminal 

convictions or other adjudications 

disqualify an individual from serving as a 

Foster Grandparent or as a Foster 

Grandparent grant-funded employee? 

Any individual who is registered, or 

who is required to be registered, on a 

State sex offender registry, or who has 

been convicted of murder, as defined 

under Federal law in section 1111 of 

title 18, United States Code, is deemed 

unsuitable for, and may not serve in, a 

position as a Foster Grandparent or as 

a Foster Grandparent grant-funded 

employee. 

■ 53. Amend § 2552.43 by revising 

paragraph (a) to read as follows. 

§ 2552.43 What income guidelines govern 

eligibility to serve as a stipended Foster 

Grandparent? 

(a) To receive a stipend, a Foster 

Grandparent may not have an annual 

income from all sources, after deducting 

allowable medical expenses, which 

exceeds the program’s income eligibility 

guideline for the State in which he or 

she resides. The income eligibility 

guideline for each State is 200 percent 

of the poverty line, as set forth in 42 

U.S.C. 9902 (2). 

* * * * * 

■ 54. Revise § 2552.81 to read as 

follows: 

§ 2552.81 What type of Children are 

eligible to be served? 

Foster Grandparents serve only 

children and youth with special and 

exceptional needs, or in circumstances 

that limit their academic, social, or 

emotional development, who are less 

than 21 years of age. 

■ 55. Amend § 2552.82 by: 

■ a. In paragraph (a) introductory text, 

by removing the term ‘‘mentally 

retarded child’’ and adding the term 

‘‘child with a disability’’ in its place; 

■ b Revising paragraph (b); and 

■ c. In paragraph (c), by removing the 

term’’ mentally retarded child’’ and 

adding the term ‘‘child with a 

disability’’ in its place. 

Revised text reads as follows: 

§ 2552.82 Under what circumstances may 

a Foster Grandparent continue to serve an 

individual beyond his or her 21st birthday? 

* * * * * 

(b) In cases where the assigned Foster 

Grandparent becomes unavailable to 

serve a particular individual, the 

replacement of that Foster Grandparent 

shall be made through mutual 

agreement by all parties involved. 

* * * * * 

§ 2552.101 [Amended] 

■ 56. Amend § 2552.101 by removing 

the term ‘‘60’’ and adding ‘‘55’’ in its 

place. 

PART 2553—RETIRED AND SENIOR 

VOLUNTEER PROGRAM 

■ 57. The authority citation for part 

2553 continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq.; 

■ 58. Amend § 2553.25 by adding 

paragraph (i) to read as follows: 

§ 2553.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(i) Conduct criminal history checks on 

all grant-funded staff employed on or 

after October 1, 2009, in accordance 

with the requirements in 45 CFR 

2540.200–207. 

Dated: September 2, 2009. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. E9–21671 Filed 9–9–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XR06 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; 

Closure of the July-December 2009 

Commercial Fishery for Vermilion 

Snapper in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS has determined 

that the quota for the commercial 

fishery for vermilion snapper will have 

been reached by September 18, 2009. 

This closure is necessary to protect the 

vermilion snapper resource. 

DATES: Closure is effective 12:01 a.m., 

local time, September 18, 2009, through 

11:59 p.m., local time, on December 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for vermilion 

snapper in the South Atlantic at 302,523 

lb (137,222 kg) for the current fishing 

period, July 1 through December 31, 

2009, as specified in 50 CFR 

622.42(e)(4)(ii). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 302,523 lb (137,222 

kg) for vermilion snapper will be 

reached on or before September 18, 

2009. Accordingly, NMFS is closing the 

commercial fishery for vermilion 

snapper in the South Atlantic EEZ from 

12:01 a.m., local time, on September 18, 

2009, through 11:59 p.m., local time, on 

December 31, 2009. The operator of a 

vessel with a valid commercial vessel 

permit for snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, September 18, 2009. 

During the closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(v) and (d)(2), respectively, 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, and the sale or purchase 

of vermilion snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of vermilion snapper that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, 


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