69604 Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Proposed Rules 

authorized to be filed in the proceeding 

must be filed with the ALJ. 

(2) Submissions are considered filed 

when they are filed with the DAB 

according to the DAB’s filing guidance. 

(b) Format. (1) The ALJ may designate 

the format for copies of 

nondocumentary materials such as 

videotapes, computer disks, or physical 

evidence. This provision does not apply 

to the charge letter or other written 

notice provided under § 93.405. 

(2) Every submission filed in the 

proceeding must include the title of the 

case, the docket number, and a 

designation of the nature of the 

submission. 

(3) Every submission filed in the 

proceeding must be signed by and 

contain the address and telephone 

number of the party on whose behalf the 

document or paper was filed, or the 

attorney of record for the party. 

(c) Service. Service of a submission on 

other parties is accomplished by filing 

the submission with the ALJ through the 

DAB electronic filing system. 

§ 93.509 Filing motions. 

(a) Parties must file all motions and 

requests for an order or ruling with the 

ALJ, serve them on the other party, state 

the nature of the relief requested, 

provide the legal authority relied upon, 

and state the facts alleged in support of 

the motion or request. 

(b) All motions must be in writing 

except for those made during a 

prehearing conference or at a hearing. 

(c) Within 10 days after being served 

with a motion, or other time as set by 

the ALJ, a party may file a response to 

the motion. The moving party may not 

file a reply to the response unless 

allowed by the ALJ. 

(d) The ALJ may not grant a motion 

before the time for filing a response has 

expired, except with the parties’ consent 

or after a hearing on the motion. 

However, the ALJ may overrule or deny 

any motion without awaiting a 

response. 

(e) The ALJ must make a reasonable 

effort to dispose of all motions 

promptly, and, whenever possible, 

dispose of all outstanding motions 

before the hearing. 

§ 93.510 Conferences. 

(a) The ALJ must schedule an initial 

conference with the parties within 30 

days of the DAB Chair’s assignment of 

the case. 

(b) The ALJ may use the initial 

conference to discuss: 

(1) Identification and simplification of 

the issues, specification of genuine 

disputes of fact and their materiality to 

the ORI findings of research misconduct 

and any administrative actions; 

(2) Identification of material legal 

issues and any need for briefing; 

(3) Scheduling dates for the filing of 

briefs based on the administrative 

record or the hearing, if applicable; and 

(4) Other matters that may encourage 

the fair, just, and prompt disposition of 

the proceedings. 

(c) The ALJ may schedule additional 

conferences as appropriate, upon 

reasonable notice to or request of the 

parties. 

(d) All conferences will be recorded 

with copies provided to the parties 

upon request. 

(e) The ALJ shall memorialize in 

writing any oral rulings within 10 days 

after a conference is held. 

(f) By 15 days before the scheduled 

hearing date, if applicable, the ALJ must 

hold a prehearing conference to resolve 

to the maximum extent possible all 

outstanding issues about evidence, 

witnesses, motions and all other matters 

that may encourage the fair, just, and 

prompt resolution of genuine factual 

disputes. 

§ 93.511 Hearing to resolve genuine 

factual dispute. 

(a) The ALJ may hold a virtual or inperson hearing that is limited to 

resolving a genuine factual dispute. 

(b) The ALJ shall permit the parties to 

call witnesses and to question 

witnesses. The ALJ may also question 

witnesses. 

(c) The parties are not required to 

submit prehearing briefs. 

(d) The parties are not required to give 

opening or closing statements at the 

hearing. 

(e) The hearing will be transcribed, 

and the parties will have an opportunity 

to review the transcript and submit 

proposed corrections to the ALJ. 

(f) Following receipt of the transcript 

and proposed corrections to the 

transcript, the ALJ may permit the 

parties to file briefs with suggested 

factual findings based on the transcript. 

(g) The ALJ will issue findings of fact 

to the parties that resolves the genuine 

factual dispute. 

§ 93.512 The Administrative Law Judge’s 

ruling. 

(a) Based on the administrative record 

and any findings of fact as a result of a 

hearing, if applicable, the ALJ shall 

issue a ruling in writing setting forth 

whether ORI’s findings and HHS’s 

proposed administrative actions, other 

than suspension and debarment, 

reflected in the charge letter are 

reasonable and not based on a material 

error of law or fact within 60 days after 

the last submission by the parties in the 

case. If unable to meet the 60-day 

deadline, the ALJ must set a new 

deadline and promptly notify the parties 

and the SDO if a suspension or 

proposed debarment is contested. The 

ALJ shall serve a copy of the ruling 

upon the parties. If a suspension or 

proposed debarment is contested, the 

ALJ shall provide a copy of the ruling 

to the SDO to be included in the official 

record under 2 CFR part 180. 

(b) The ruling of the ALJ constitutes 

the final HHS action on the findings of 

research misconduct and administrative 

actions other than suspension or 

debarment. The decision of the SDO 

constitutes the final HHS action 

regarding suspension or debarment 

under 2 CFR part 180. 

Dated: September 27, 2023. 

Xavier Becerra, 

Secretary. 

[FR Doc. 2023–21746 Filed 10–5–23; 8:45 am] 

BILLING CODE 4150–31–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2520, 2521 and 2522 

RIN 3045–AA84 

AmeriCorps State and National 

Updates 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) proposes to revise its 

regulations governing the AmeriCorps 

State and National program. This 

proposed rule would make four 

substantive changes to the regulations 

governing the AmeriCorps State and 

National program to provide 

programmatic and grantmaking 

flexibilities. Specifically, this proposed 

rule would: limit AmeriCorps State and 

National grantees’ required share of 

program costs (known as ‘‘match’’ or 

‘‘cost share’’) to a scale that starts at 24 

percent for the first three-year grant 

cycle and increases more incrementally 

with each successive three-year grant 

cycle, until it reaches 50 percent in the 

sixth three-year grant cycle (that is, the 

sixteenth year of the grant) and beyond; 

simplify the criteria that allow 

AmeriCorps to waive match for 

AmeriCorps State and National grantees; 

allow AmeriCorps to grant waivers of 

education hour limitations under 

certain circumstances to permit 

AmeriCorps State and National 

AmeriCorps members to spend an 


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increased number of hours on education 

and training activities; and remove the 

four-term limit on service in 

AmeriCorps State and National 

programs, instead referring to the 

limitation on total value of the Segal 

Education Awards (education awards) a 

member may earn. The main nonsubstantive change in this proposed rule 

updates nomenclature to reflect that the 

Corporation for National and 

Community Service operates as 

AmeriCorps. 

DATES: Written comments must be 

submitted by December 5, 2023. 

ADDRESSES: Please send your comments 

electronically through the Federal 

government’s one-stop rulemaking 

website at www.regulations.gov. 

Alternatively, you may send your 

comments to Elizabeth Appel, Associate 

General Counsel, at eappel@cns.gov or 

by mail to AmeriCorps (ATTN: 

Elizabeth Appel), 250 E Street SW, 

Washington DC 20525. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Associate General 

Counsel, at eappel@cns.gov, (202) 967– 

5070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps is proposing changes to 

its AmeriCorps State and National 

program regulations based on its desire 

to address stakeholder feedback on 

match requirements, be more consistent 

with other grant programs within the 

agency, and reduce barriers to grantee 

organizations specifically designed to 

provide education and training to 

members as part of their national service 

program. AmeriCorps State and 

National provides grants to states, 

territories, Indian tribes, public and 

private nonprofit organizations, local 

governments, and institutions of higher 

education to carry out national service 

programs, offering a wide range of 

service opportunities. AmeriCorps State 

and National also provides general 

operating funding for state service 

commissions. AmeriCorps is proposing 

these changes under the authority of the 

National and Community Service Act, 

as amended, at 42 U.S.C. 12651c(c). 

II. Overview of Proposed Rule 

This proposed rule would make four 

substantive changes to the AmeriCorps 

State and National regulations, as 

described below. In addition, this 

proposed rule would make 

nomenclature changes to add a 

definition for ‘‘AmeriCorps’’ and change 

‘‘the Corporation’’ to ‘‘AmeriCorps’’ 

throughout these regulations to reflect 

that the Corporation for National and 

Community Service now operates as 

AmeriCorps. 

A. Waiver of the Current 20 Percent 

Limit on Education and Training 

Activities—§ 2520.50 

The current regulation sets a 20 

percent limit to the aggregate total of all 

AmeriCorps member service hours in a 

program that may be spent in education 

and training activities. As a result, each 

program must have at least 80 percent 

of the aggregate of all AmeriCorps 

member hours in service. The proposed 

rule would allow AmeriCorps to waive 

this limit under certain circumstances, 

to allow up to 50 percent of the 

aggregate AmeriCorps member hours in 

a program to be spent in education and 

training activities. The criteria 

AmeriCorps will consider when 

deciding whether a waiver is 

appropriate are whether the AmeriCorps 

program: 

• is a Registered Apprenticeship 

program, or 

• is a job training or job readiness 

program, or 

• includes activities to support 

member attainment of a GED or high 

school diploma or occupational, 

technical, or safety credentials, or 

• the AmeriCorps program primarily 

enrolls economically disadvantaged 

AmeriCorps members and is designed to 

provide soft skills or life skills 

development for those members. 

This proposed rule would allow 

individuals who might benefit from 

additional education and training, such 

as those reentering society after 

incarceration, to participate in national 

service while acquiring skills and 

knowledge to ease their transition. 

The current regulation creates a 

significant barrier to entry for workforce 

development/Registered Apprenticeship 

programs and results in their 

participants being unable to get credit 

for a large portion of their hours. 

Programs with full-time participants are 

only able to offer ‘‘less than full-time’’ 

AmeriCorps member slots, which limits 

the amount of the education award 

available to their participants and could 

limit their participants’ access to health 

care, childcare, and other benefits 

afforded to members enrolled in fulltime slots. 

AmeriCorps expects to grant waivers 

to new and existing Registered 

Apprenticeship programs, job training 

or job readiness programs, programs that 

include activities to support member 

attainment of a GED or high school 

diploma or other credentials, or 

programs that primarily enroll 

economically disadvantaged 

AmeriCorps members and are designed 

to provide soft skills or life skills 

development for those members. 

Grantees would request waivers in 

writing as part of their grant application. 

Decisions about the waivers would be 

provided prior to grant award. As most 

of the programs that would benefit from 

this waiver have participants who are 

serving in the program full time but may 

only serve part-time as AmeriCorps 

members because of the current limits 

on in-service educational time, there is 

no expectation that the level of service 

provided to communities would 

decline. While the level of service 

provided to communities is expected to 

remain constant under this proposal, 

participants would benefit because they 

could count the majority of their 

existing training hours toward earning a 

larger education award. 

B. Revising Match Requirements— 

§ 2521.60 

This proposed rule would revise the 

scale that sets out grantees’ program 

costs not provided by AmeriCorps 

(known as ‘‘match’’ or ‘‘cost share’’). 

The current regulations require a 

graduated match that incrementally 

increases each year to a total of 50 

percent overall share by the tenth year 

and for each year afterward without a 

break in funding of five years or more. 

The proposed rule would establish a 

match that gradually increases at the 

end of each three-year grant period 

(rather than annually) over a longer 

period of time to reach a total of 50 

percent overall share by the sixteenth 

year (rather than by the tenth year) and 

for each year afterward without a break 

in funding of five years or more. 

This proposed change is intended to 

address the increased difficulty many 

grantees experience in raising match 

funds, as evidenced by the increase in 

waiver requests AmeriCorps receives, 

and address many of the comments 

AmeriCorps received in response to the 

Request for Information from NonFederal Stakeholders: Grantee Match 

Requirements (RFI) it published in 

2022. See 87 FR 26740 (May 5, 2022). 

Waiver requests have increased 

significantly since 2017 and 2018. From 

March 2022 to March 2023, AmeriCorps 

received more than 60 requests for full 

or partial waivers of AmeriCorps State 

and National match requirements, 

meaning that requests have been 

submitted for more than 7 percent of 

AmeriCorps State and National costreimbursement grants. Many of the 

respondents to the RFI stated that they 

have difficulty securing match and that 

current match requirements are a barrier 

to equity and limit people’s ability to 

serve. These respondents specifically 


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proposed a return to ‘‘original 

Congressional intent’’ as evidenced by 

language in the National and 

Community Service Act of 1990 

providing that AmeriCorps’ share may 

not exceed 75 percent. For several years, 

Congress has, through appropriations 

laws, provided that AmeriCorps 

programs receiving grants under the 

National Service Trust program must 

meet an overall minimum match of 24 

percent for the first three years of 

receiving funding, and then must meet 

the overall match requirements in 

section 2521.60 of the current 

regulations. See, e.g., Consolidated 

Appropriations Act, 2022, Public Law 

117–103, Section 402. The current 

regulations at section 2521.60 set out a 

graduated match schedule in which the 

required match increases from 26 

percent as of the fourth consecutive year 

they receive a grant to 50 percent as of 

year 10 and beyond for the total budget. 

This requires grantees to match the 

AmeriCorps’ investment one-to-one 

once they reach year 10 and beyond. 

AmeriCorps proposes a match that 

increases more gradually until it reaches 

50 percent of the overall program cost 

by the sixteenth year to replace the 

current regulations’ more abrupt and 

steep match scale. A match that 

increases less often (by grant period, 

rather than annually) would reduce the 

burden on grantees of raising, tracking, 

and reporting increasing annual 

percentages. While some grantees can 

raise the currently required additional 

match for years five and beyond 

(ranging from 30 percent to 50 percent), 

it is a barrier for other existing grantees 

that are smaller or in geographic areas 

where there is not a philanthropic 

community. It is also a barrier to entry 

for new applicants that have less 

capacity and less access to matching 

funds. Lowering the match amount does 

not change the cost to run a strong 

AmeriCorps program. Thus, grantees 

will continue to have to raise additional 

funds beyond the required match 

generally, for the sustainability of their 

organization, but they will no longer be 

in danger of having to return 

AmeriCorps funds at the end of their 

grants if they fail to raise match that is 

so far in excess of the 25 percent 

indicated by statutory text. To the extent 

they are able, grantees are strongly 

encouraged to raise funding beyond the 

required match amount to extend the 

reach of national service as much as 

possible. 

C. Criteria for Waiving Match 

Requirements—§ 2521.70 

This proposed rule would revise the 

criteria that grantees must demonstrate 

when they request a waiver of the 

matching requirements. Currently, the 

regulation requires grantees to 

demonstrate: (1) a lack of resources at 

the local level; (2) that the lack of 

resources is unique or unusual; (3) the 

efforts the grantee has made to raise 

matching resources; and (4) the amount 

of matching resources the grantee has 

raised or reasonably expects to raise. 

The proposed rule would instead 

specify four criteria and require grantees 

to demonstrate only one of them, and in 

addition provide supporting 

documentation and a description of the 

efforts made to raise match. The 

proposed waiver criteria mirror the 

waiver criteria required in AmeriCorps 

Seniors programs, with one additional 

criterion to allow waivers for 

organizations with revenue of less than 

$500,000. Specifically, under the 

proposed rule, grantees would have to 

demonstrate one of the following: initial 

difficulties in developing local funding 

sources during the first three years of 

operations; an economic downturn, 

natural disaster, or similar event in the 

grantee’s service area that severely 

restricts or reduces sources of local 

funding support; the unexpected 

discontinuation of local support from 

one or more sources that a project has 

relied on for a period of years; or an 

organizational revenue of less than 

$500,000. 

The current regulations’ waiver 

requirements are overly burdensome to 

grantees and enhance the risk that 

AmeriCorps funds will not be fully 

expended because grantees must return 

AmeriCorps funds at closeout if they do 

not meet the match requirement or 

receive a waiver. The proposed waiver 

criteria reduce this burden. 

Furthermore, the agency desires to have 

more consistency between its programs, 

and the proposed change aligns 

AmeriCorps State and National’s match 

waiver criteria with AmeriCorps 

Seniors’ match waiver criteria, with one 

additional criterion. The additional 

criterion, for organizations with less 

than $500,000 in revenue (as shown on 

an IRS Form 990, for example) is 

intended to encourage new, small 

organizations and those with programs 

in underserved communities. The 

proposed rule would still require a 

description of efforts made to raise 

matching resources but clarifies that this 

description must be provided with the 

waiver request. 

D. Limit on Number of Terms an 

Individual May Serve in AmeriCorps 

State and National—§ 2522.235 

The current regulation provides that 

individuals who serve in AmeriCorps 

State and National may receive the 

benefits offered by AmeriCorps for 

serving up to, but not more than, four 

terms. It also includes information on 

how terms are calculated if an 

individual is released early under 

various circumstances. The benefits 

offered to AmeriCorps members include 

the AmeriCorps Segal Education Award 

from the National Service Trust upon 

successful completion of their terms of 

service. Benefits during service include 

a living allowance, financial benefits 

during an extended term of disasterrelated service, childcare, and health 

care. 

Separate regulations at 45 CFR 

2525.50 limit participants to receiving 

no more than the value of two full-time 

education awards. The proposed rule 

would remove the four term limit, thus 

allowing any individual to serve as 

many terms as necessary to earn the 

value of two full-time education awards, 

regardless of whether those terms are 

served on a full-time, part-time, or 

reduced part-time basis. This revision 

removes an artificial barrier on 

individuals’ ability to continue to serve. 

In 2010, AmeriCorps established the 

four-term limit in the current 

regulations to ensure that there would 

be opportunities for all interested 

Americans to serve because, at the time, 

applications for AmeriCorps far 

exceeded available positions. See 75 FR 

51395, 51406–07 (August 20, 2010). An 

excess demand for AmeriCorps 

positions no longer exists to justify this 

term limit. Even accounting for the 

possibility that demand will at some 

point exceed the number of AmeriCorps 

positions available, the current 

regulation’s term limit is too broad a 

prohibition. Service terms vary 

considerably, encompassing full-time, 

part-time, reduced part-time, quartertime, and minimum-time terms, as well 

as any term from which one exits after 

serving 15 percent of the agreed term of 

service. Treating each of these terms of 

service as equivalent for the purposes of 

a term limit is unfair to those who may 

have served shorter terms of service but 

would like to serve more. Individuals 

should be encouraged, rather than 

discouraged, from participating in 

national service. AmeriCorps believes a 

term limit is unnecessary, as there is 

already an existing limit to education 

awards—a significant incentive for 

participation in national service. 

III. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 


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alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The Office 

of Information and Regulatory Affairs in 

the Office of Management and Budget 

has determined that this proposed rule 

is not a significant regulatory action. 

B. Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 601 et 

seq.), AmeriCorps certifies that this rule, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. Most 

AmeriCorps State and National grantees 

are State Commissions and 

organizations that do not meet the 

definition of a small entity. Therefore, 

AmeriCorps has not performed the 

initial regulatory flexibility analysis that 

is required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) for 

rules that are expected to have such 

results. 

C. Unfunded Mandates Reform Act of 

1995 

For purposes of Title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any Federal 

mandate that may result in increased 

expenditures in Federal, State, local, or 

Tribal Governments in the aggregate, or 

impose an annual burden exceeding 

$100 million on the private sector. 

D. Paperwork Reduction Act 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information display valid control 

numbers. The application for 

AmeriCorps State and National grants 

are authorized under OMB Control 

Number 3045–0047, which expires 

September 30, 2026. Applicants for 

grants who would like to request a 

waiver under this proposed rule would 

do so as part of the application process, 

but the request is exempted from the 

definition of ‘‘information’’ subject to 

PRA requirements because it is a simple 

acknowledgment that the applicant is 

requesting a waiver based on one of the 

criteria. See 5 CFR 1320.3(h)(1). 

Therefore, this proposed rule does not 

affect require submission of a revision of 

this information collection. 

E. Executive Order 13132, Federalism 

Executive Order 13132, Federalism, 

prohibits an agency from publishing any 

rule that has federalism implications if 

the rule imposes substantial direct 

compliance costs on State and local 

Governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rulemaking does not have any 

federalism implications, as described 

above. 

F. Takings (Executive Order 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630 because this 

proposed rule does not affect individual 

property rights protected by the Fifth 

Amendment or involve a compensable 

‘‘taking.’’ A takings implication 

assessment is not required. 

G. Civil Justice Reform (Executive Order 

12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rulemaking: (a) meets 

the criteria of section 3(a) requiring that 

all regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and (b) meets the 

criteria of section 3(b)(2) requiring that 

all regulations be written in clear 

language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(Executive Order 13175) 

AmeriCorps recognizes the inherent 

sovereignty of Indian tribes and their 

right to self-governance. We have 

evaluated this rulemaking under our 

consultation policy and the criteria in 

Executive Order 13175 and determined 

that this proposed rule does not impose 

substantial direct effects on federally 

recognized Tribes. 

I. Clarity of This Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), and 12988 

(section 3(b)(1)(B)), and 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each proposed rule we publish 

must: (a) be logically organized; (b) use 

the active voice to address readers 

directly; (c) use clear language rather 

than jargon; (d) be divided into short 

sections and sentences; and (e) use lists 

and tables wherever possible. If you feel 

that we have not met these 

requirements, please send us comments 

by one of the methods listed in the 

ADDRESSES section. To help us revise the 

rule, your comments should be as 

specific as possible. 

List of Subjects 

45 CFR Part 2520 

Grant programs—social programs, 

Volunteers. 

45 CFR Part 2521 

Grant programs—social programs, 

Volunteers. 

45 CFR Part 2522 

Grant programs—social programs, 

Reporting and recordkeeping 

requirements, Volunteers. 

For the reasons stated in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service is 

proposing to amend Chapter XXV, title 

45 of the Code of Federal Regulations as 

follows: 

PART 2520—GENERAL PROVISIONS: 

AMERICORPS SUBTITLE C 

PROGRAMS 

■ 1. The authority citation for part 2520 

continues to read as follows: 

Authority: 42 U.S.C. 12571–12595. 

■ 2. Amend § 2520.5 by adding in 

alphabetical order the definition 

‘‘AmeriCorps’’ to read as follows: 

§ 2520.5 What definitions apply to this 

part? 

AmeriCorps means the Corporation 

for National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

* * * * * 

§§ 2520.10 through 2520.65 [Amended] 

■ 3. In §§ 2520.10 through 2520.65, 

remove the words ‘‘the Corporation’’ 

wherever they appear and add in their 

place the word ‘‘AmeriCorps’’. 

■ 4. In §§ 2520.10 through 2520.65, 

remove the word ‘‘Corporation’’ and add 

in its place the word ‘‘AmeriCorps’’. 

■ 5. Amend § 2520.50 by, revising 

paragraph (a) and adding new paragraph 

(c) to read as follows: 

§ 2520.50 How much time may AmeriCorps 

members in my program spend in 

education and training activities? 

(a) No more than 20 percent of the 

aggregate of all AmeriCorps member 

service hours in your program, as 

reflected in the member enrollments in 

the National Service Trust, may be spent 

in education and training activities, 


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unless AmeriCorps grants a waiver 

under paragraph (c) of this section. 

* * * * * 

(c) AmeriCorps may waive the limit in 

paragraph (a) of this section to allow up 

to 50 percent of the aggregate of all 

AmeriCorps member service hours in 

your program to be spent in education 

and training activities if your program: 

(1) Is a Registered Apprenticeship 

program; 

(2) Is a job training or job readiness 

program; 

(3) Includes activities to support 

member attainment of a GED or high 

school diploma or occupational, 

technical, or safety credentials; or 

(4) Primarily enrolls economically 

disadvantaged AmeriCorps members 

and employs a program design that also 

includes soft skills or life skills 

development. 

PART 2521—ELIGIBLE AMERICORPS 

SUBTITLE C PROGRAM APPLICANTS 

AND TYPES OF GRANTS AVAILABLE 

FOR AWARD 

■ 6. The authority for part 2521 

continues to read as follows: 

Authority: 42 U.S.C. 12571–12595 

■ 7. Amend § 2521.5 by adding in 

alphabetical order the definition 

‘‘AmeriCorps’’ to read as follows: 

§ 2521.5 What definitions apply to this 

part? 

AmeriCorps means the Corporation 

for National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

* * * * * 

§§ 2521.10 through 2521.95 [Amended] 

■ 8. In §§ 2521.10 through 2521.95, 

remove the words ‘‘the Corporation’’ 

and add in their place the word 

‘‘AmeriCorps’’. 

■ 9. In §§ 2521.10 through 2521.95, 

remove the word ‘‘Corporation’’ and add 

in its place the word ‘‘AmeriCorps’’. 

■ 10. In § 2521.60, revise the 

introductory text, paragraph (a)(1), and 

paragraph (b) to read as follows: 

§ 2521.60 What will my share of program 

costs be? 

Except as provided in paragraph (b) of 

this section, if your program continues 

to receive funding after an initial threeyear grant period, you must continue to 

meet the minimum requirements in 

§ 2521.45 of this part. In addition, your 

required share of program costs, 

including member support and 

operating costs, will incrementally 

increase each grant period to a 50 

percent overall share by the sixth grant 

period and beyond (sixteenth year and 

any year thereafter that you receive a 

grant), without a break in funding of five 

years or more. A 50 percent overall 

match means that you will be required 

to match $1 for every $1 you receive 

from the Corporation. 

(a) * * * 

(1) Subject to the requirements of 

§ 2521.45 of this part, and except as 

provided in paragraph (b) of this 

section, your overall share of program 

costs will increase as of the fourth 

consecutive year that you receive a 

grant, according to the following 

timetable: 

TIMETABLE FOR MINIMUM ORGANIZATION SHARE

First grant 

period: 

years 1–3 

(percent) 

Second grant 

period: 

years 4–6 

(percent) 

Third grant 

period: 

years 7–9 

(percent) 

Fourth grant 

period: 

years 10–12 

(percent) 

Fifth grant 

period: 

years 13–15 

(percent) 

Sixth grant 

period and 

beyond: 

years 16 

and beyond 

(percent) 

Minimum member support ....................... 15 15 15 15 15 15 

Minimum operating costs ......................... 33 33 33 33 33 33 

Minimum overall share ............................. 24 28 32 38 44 50 

* * * * * 

(b) Alternative match requirements: If 

your program is unable to meet the 

match requirements set forth in 

paragraph (a) of this section and is 

located in a rural or a severely 

economically distressed community, 

you may apply to AmeriCorps for a 

waiver that would decrease the level of 

your required match. 

* * * * * 

■ 11. In § 2521.70 revise paragraphs (b) 

and (c) to read as follows: 

§ 2521.70 To what extent may AmeriCorps 

waive the matching requirements in 

§§ 2521.45 and 2521.60 of this part? 

* * * * * 

(b) If you are requesting a waiver, you 

must demonstrate: 

(1) Initial difficulties in the 

development of local funding sources 

during the first three years of 

operations; or 

(2) An economic downturn, the 

occurrence of a natural disaster, or 

similar events in the service area that 

severely restrict or reduce sources of 

local funding support; or 

(3) The unexpected discontinuation of 

local support from one or more sources 

that a project has relied on for a period 

of years; or 

(4) Organizational revenue of less 

than $500,000. 

(c) You must provide with your 

waiver request: 

(1) A description of the efforts you 

have made to raise matching resources; 

and 

(2) A request for the specific amount 

of match you are asking AmeriCorps to 

waive; and 

(3) A budget and budget narrative that 

reflect the requested level in matching 

resources. 

PART 2522—AMERICORPS 

PARTICIPANTS, PROGRAMS, AND 

APPLICANTS 

■ 12. The authority for part 2522 

continues to read as follows: 

Authority: 42 U.S.C. 12571–12595; 

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

1612, Pub. L. 111–13. 

■ 13. Amend § 2522.10 by adding in 

alphabetical order the definition 

‘‘AmeriCorps’’ to read as follows: 

§ 2522.10 What definitions apply to this 

part? 

AmeriCorps means the Corporation 

for National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

* * * * * 

§ § 2522.100 through 2522.950 [Amended] 

■ 14. In §§ 2522.100 through 2522.950, 

remove the words ‘‘the Corporation’’ 


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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Proposed Rules 69609 

and add in their place the word 

‘‘AmeriCorps’’. 

■ 15. In §§ 2522.100 through 2522.950, 

remove the word ‘‘Corporation’’ and add 

in its place the word ‘‘AmeriCorps’’. 

■ 16. In §§ 2522.100 through 2522.950, 

remove the words ‘‘the Corporation’s’’ 

and add in their place the word 

‘‘AmeriCorps’ ’’. 

■ 17. Revise § 2522.235 to read as 

follows: 

§ 2522.235 Is there a limit on the number 

of terms an individual may serve in an 

AmeriCorps State and National program? 

The terms an individual may serve in 

an AmeriCorps State and National 

program are limited to the number of 

terms needed to attain the aggregate 

value of two full-time education awards. 

■ 18. In § 2522.240, revise paragraph (a) 

to read as follows: 

§ 2522.240 What financial benefits do 

AmeriCorps participants serving in 

approved AmeriCorps positions receive? 

(a) AmeriCorps education awards. An 

individual serving in an approved 

AmeriCorps State and National position 

may receive an education award from 

the National Service Trust upon 

successful completion of their terms of 

service as defined in § 2522.220, 

consistent with the limitations in 

§ 2525.50. 

* * * * * 

§ 2522.510 [Amended] 

■ 19. In § 2522.510, remove the words 

‘‘a Corporation’’ and add in its place the 

words ‘‘an AmeriCorps’’. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2023–22155 Filed 10–5–23; 8:45 am] 

BILLING CODE 6050–28–P 


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