31178 Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations 

Mariners via marine channel 16 (VHF– 

FM). 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Southeastern New 

England (COTP) in the enforcement of 

the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 508–457–3211. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced on May 20, 2023, from 

noon until 5 p.m. 

Dated: May 11, 2023. 

C.J. Prindle, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Southeastern New England. 

[FR Doc. 2023–10430 Filed 5–15–23; 8:45 am] 

BILLING CODE 9110–04–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2556 

RIN 3045–AA70; 3045–AA79 

Volunteers in Service to America 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) is finalizing updates to its 

regulations to reflect current position 

titles and roles, define the statutory 

phrase ‘‘direct cost of supporting 

volunteers,’’ revise provisions that no 

longer reflect AmeriCorps’ practice, and 

make technical changes. The position 

titles must be updated because VISTA 

now operates through Regional 

Administrators, rather than State 

Program Directors. The statutory phrase 

interpretation is necessary because 

under its authorizing statute, 

AmeriCorps may not provide a noncompetitive grant for the ‘‘direct cost of 

supporting volunteers’’ to projects less 

than one year old. This final rule 

defines the phrase to include those 

funds paid directly for the support of 

individuals serving in the VISTA 

program, such as living allowances, 

travel reimbursements, and end-ofservice benefits, but not funds paid for 

the support of the VISTA sponsor 

organization. This change would make 

VISTA projects more accessible to 

organizations in underserved 

communities that may not have 

otherwise been able to secure the 

resources to devote a supervisor or 

certain administrative costs to a new 

project. 

DATES: Effective June 15, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bruder, Acting Director, 

AmeriCorps VISTA, at cbruder@cns.gov, 

(202) 606–6871, or by mail to 

AmeriCorps, 250 E Street SW, 

Washington, DC 20525. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps VISTA is a national 

service program designed to provide 

needed resources to nonprofit 

organizations and public agencies to 

strengthen and supplement efforts to 

address poverty and poverty-related 

problems in the United States and 

certain U.S. territories. The VISTA 

program provides opportunities for 

individuals to join as volunteers 

(‘‘members’’) who perform, on a fulltime basis, service with an organization 

(‘‘sponsor’’) to create, strengthen, or 

expand initiatives designed to assist 

individuals and communities in 

addressing poverty. Each year, the 

AmeriCorps VISTA program awards 

non-grant (i.e., VISTA member, leader, 

or summer associate positions) and 

grant resources to sponsors. A sponsor 

is responsible for designing and 

implementing the VISTA project and 

recruiting, supervising, and providing 

necessary administrative support (e.g., 

supplies and equipment, in-service 

training and development, mileage 

reimbursement) to VISTA members to 

complete the goals of the project. 

Among its grants, AmeriCorps VISTA 

offers non-competitive grants to fund 

sponsor organizations’ costs to supply, 

among other items, supervision for a 

VISTA project. 

II. Overview of Final Rule 

The Domestic Volunteer Service Act 

of 1973 (DVSA) states that AmeriCorps 

may not provide a grant for the ‘‘direct 

cost of supporting volunteers’’ to any 

project that is less than one year old 

unless that grant is awarded 

competitively. See 42 U.S.C. 4960(b). 

Under this statutory provision, 

AmeriCorps may provide noncompetitive support grants only to 

projects that have been operating for a 

year or more, or to projects less than one 

year old if the grant is for something 

other than the ‘‘direct cost of supporting 

volunteers.’’ 

This final rule defines ‘‘direct cost of 

supporting volunteers’’ to include only 

the funds paid directly for the support 

of VISTA members, such as living 

allowances, travel reimbursements, and 

end-of-service benefits. With this 

definition, the final rule makes clear 

that AmeriCorps can provide noncompetitive grants to support a VISTA 

sponsor organization, including funds to 

support the sponsor organization’s 

supervisor, for a VISTA project that is 

less than one year old. Over the past few 

years, sponsors with projects less than 

a year old have not been able to access 

noncompetitive support grants because 

of AmeriCorps’ previous broad 

interpretation of the phrase ‘‘direct cost 

of supporting volunteers’’ to include not 

only the costs of supporting members 

but also the costs of supporting the 

sponsor’s supervisor. The final rule 

makes VISTA projects more accessible 

to sponsor organizations in underserved 

communities who may not have 

otherwise been able to secure the 

resources to devote a supervisor or 

certain administrative costs to a new 

project. The limitations on VISTA 

sponsors receiving funding for the direct 

cost of supporting volunteers are set out 

in § 2556.180 of this final rule. 

This final rule also updates position 

titles and roles to reflect current agency 

organization, revise provisions that no 

longer reflect current practice, and make 

technical changes. Specifically, the rule: 

• In the definitions section, at 

§ 2556.5: 

Æ Deletes the definitions of ‘‘Area 

Manager’’ and ‘‘State Program Director’’ 

Æ Adds definitions for ‘‘Deputy 

Regional Administrator,’’ ‘‘Portfolio 

Manager,’’ Regional Administrator,’’ 

‘‘Senior Portfolio Manager,’’ ‘‘VISTA 

Case Manager,’’ and ‘‘VMSU Director.’’ 

Æ Replaces the definition of ‘‘CNCS’’ 

with a definition of ‘‘AmeriCorps’’ to 

reflect that the Agency operates as 

AmeriCorps. 

• In § 2556.200, clarifies that both the 

age and citizenship status of the 

individual entering VISTA service are 

determined at the time they take their 

oath or affirmation of service, and 

deletes ‘‘lawful permanent resident’’ as 

an example of individuals legally 

residing in a State because there may be 

additional categories of individuals 

legally residing in a State that are not 

technically ‘‘lawful permanent 


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residents’’ (e.g., refugees prior to 

obtaining a green card). 

• In § 2556.305(c) and § 2556.625(c), 

deletes the requirement for VISTA 

members and leaders, respectively, to 

actively seek opportunities to engage 

with the low-income community 

because the nature of modern service 

requirements may not provide for those 

opportunities, and in § 2556.305(c) 

deletes ‘‘without regard to regular 

working hours’’ because paragraph (a) 

already addresses that point. 

• In § 2556.320(d) and 

§ 2556.505(b)(2), replaces reference to a 

‘‘baggage allowance’’ benefit to transport 

personal effects to the project site with 

reference to a ‘‘relocation travel 

allowance’’ to offset the cost of 

relocating from the home of record to 

the project site, to more accurately 

describe what the allowance is provided 

for. 

• In § 2556.350(b)(3), adds ‘‘the 

content of’’ to clarify that matters 

excluded from the VISTA program 

grievance procedures include those 

related to the content of any law, 

published rule, regulation, policy or 

procedure. 

• In § 2556.500, deletes paragraph (a), 

which provides that the State Program 

Director invites sponsors in the State to 

apply for positions for individuals to 

serve as summer associates at the 

sponsor’s VISTA project, because the 

current process does not include a 

separate invitation outside of the annual 

award-making process. 

• In § 2556.610, removes the list of 

specific components of a sponsor 

recommendation, to allow sponsors 

greater flexibility in drafting their 

recommendations, and instead clarifies 

the criteria that AmeriCorps relies upon 

when selecting leaders as including 

consideration of the individual’s 

experience, special skills, and 

leadership. 

• Makes the following updates to 

position titles and agency organization: 

Æ In § 2556.320(i), changes ‘‘State 

Program Director’’ to ‘‘VISTA Case 

Manager’’ for the role of determining if 

a VISTA did not successfully complete 

a full term of service because of a 

compelling personal circumstance; 

Æ In § 2556.360(a), changes ‘‘State 

Program Director’’ to ‘‘Deputy Regional 

Administrator’’ for the role of receiving 

and issuing a determination on a 

grievance brought by a VISTA; 

Æ In § 2556.365, changes ‘‘Area 

Manager’’ to ‘‘Regional Administrator’’ 

as the official who will receive an 

appeal of a VISTA grievance, and 

changes ‘‘State Program Director’’ to 

‘‘Deputy Regional Administrator’’; 

Æ In § 2556.410, changes ‘‘State 

Program Director’’ to ‘‘Case Manager’’ 

for handling requests of sponsoring 

organizations to remove a VISTA 

member from its project; 

Æ In § 2556.420(a), (b), and (d), 

changes ‘‘State Program Director’’ and 

‘‘State Program Director or other CNCS 

State Office Staff’’ to ‘‘AmeriCorps’’ 

generally, to allow the agency to 

determine and address in policy the 

appropriate personnel to handle 

termination for cause proceedings. In 

paragraphs (c) and (d), changes ‘‘State 

Program Director’’ to ‘‘VISTA Case 

Manager’’ to specify that the VISTA 

Case Manager will be the person who 

sends a VISTA member a proposal to 

terminate, and to whom the member 

addresses any answer to the proposal; 

Æ In § 2556.425(a), changes ‘‘State 

Program Director’’ to ‘‘AmeriCorps’’ as 

the issuer of a termination decision and 

changes ‘‘appropriate Area Manager’’ to 

‘‘VMSU Director’’ as the official to 

whom a VISTA may submit an appeal 

of the termination decision, and in 

paragraph (d) changes ‘‘Area Manager’’ 

to ‘‘VMSU Director’’ as the official 

issuing a written appeal determination. 

Æ In § 2556.625(k), changes ‘‘State 

Office’’ to ‘‘Region Office.’’ 

• Throughout the CFR part, this rule: 

Æ Changes ‘‘CNCS’’ to ‘‘AmeriCorps’’ 

to reflect that the Agency operates as 

AmeriCorps; 

Æ Changes ‘‘he or she’’ and ‘‘his or 

her’’ to gender-neutral ‘‘they’’ and 

‘‘their’’; 

Æ Changes ‘‘shall’’ to ‘‘will’’ or 

‘‘must’’ or other language as appropriate 

to more clearly convey in plain language 

what is required and allowed, and 

changes ‘‘shall not’’ to ‘‘may not’’ in 

accordance with plain language 

guidelines in §§ 2556.105(b), 

2556.120(a)–(b), 2556.125(b), 

2556.130(a)–(e), 2556.135(b)–(e), 

2556.140(c)–(f), 2556.145, 2556.150(f), 

2556.155(d)–(e), 2556.160(a)–(b), 

2556.165, 2556.170(d)(2), 2556.175(a), 

2556.305(c), 2556.320(i)–(j), 

2556.345(b)–(c), 2556.360(a)(3) and 

(b)(3), 2556.365(e), 2556.410(c), 

2556.420(c)–(d), 2556.425(b) and (d), 

2556.610(c), 2556.625(b), 2556.760(a)– 

(b), 2556.770(b), and 2556.780(a)–(b). 

Other non-substantive changes were 

made to the text throughout to improve 

readability. Together, these changes are 

easiest to see in their context, with a 

reprinting of the entire part 2556. 

III. Development of Final Rule and 

Public Comments on Proposed Rule 

AmeriCorps published a proposed 

rule seeking public comment on these 

changes on January 26, 2023, at 88 FR 

4945. The public comment period 

closed on March 27, 2023. AmeriCorps 

received three public comments on the 

proposed rule. 

One commenter expressed support for 

the proposed rule and stated that 

allowing for a clear understanding that 

AmeriCorps can provide noncompetitive grants for projects less than 

a year old is ‘‘a significant step 

forward.’’ This commenter also 

expressed support for updating the 

position titles and the deletion of 

‘‘lawful permanent resident,’’ among 

other aspects of the rule. 

Response: The final rule includes all 

the proposed revisions of which this 

commenter expressed support. 

A State service commission 

commenter suggested an additional 

revision to broaden the definition of 

who is eligible to apply to serve as a 

leader to include those who have 

obtained experience, skills, and 

leadership through pathways other than 

having served full-time in AmeriCorps 

or Peace Corps. 

Response: This suggested revision 

was not included in the proposed rule, 

but AmeriCorps appreciates the 

suggestion and will take it under 

advisement. 

The third commenter, an association 

representing State and territorial service 

commissions, expressed support for 

seeking avenues to expand the 

availability of VISTA support grants to 

first-year projects. The commenter also 

expressed additional comments and 

suggestions outside the scope of this 

rulemaking. 

Response: This rule codifies 

AmeriCorps’ interpretation of the 

‘‘direct cost of supporting volunteers’’ to 

ensure consistency in future 

interpretation of this phrase as allowing 

for availability of VISTA support grants 

to first-year projects. AmeriCorps 

appreciates this comment, as well as the 

commenter’s additional comments and 

suggestions that AmeriCorps will take 

under advisement. 

IV. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Office of Information 


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and Regulatory Affairs in the Office of 

Management and Budget has 

determined that this is not a significant 

regulatory action. 

B. Congressional Review Act (Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Title II, Subtitle E) 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, 

AmeriCorps will submit for an interim 

or final rule a report to each House of 

the Congress and to the Comptroller 

General of the United States. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. The Office of Information and 

Regulatory Affairs in the Office of 

Management and Budget anticipates 

that this will not be a major rule under 

5 U.S.C. 804 because this rule 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. 

C. Regulatory Flexibility Act 

As required by the Regulatory 

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

seq.), AmeriCorps certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Therefore, AmeriCorps has not 

performed the initial regulatory 

flexibility analysis that is required 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) for rules that are 

expected to have such results. 

D. Unfunded Mandates Reform Act of 

1995 

For purposes of Title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any Federal 

mandate that may result in increased 

expenditures in either Federal, State, 

local, or Tribal Governments in the 

aggregate, or impose an annual burden 

exceeding $100 million on the private 

sector. 

E. Paperwork Reduction Act 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information display valid control 

numbers. This rule does not affect any 

information collections. 

F. 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. 

G. Takings (E.O. 12630) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630 because this rule does not 

affect individual property rights 

protected by the Fifth Amendment or 

involve a compensable ‘‘taking.’’ A 

takings implication assessment is not 

required. 

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

This 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. 

I. Consultation With Indian Tribes (E.O. 

13175) 

AmeriCorps recognizes the inherent 

sovereignty of Indian Tribes and their 

right to self-governance. We have 

evaluated this rulemaking under our 

consultation policy and the criteria in 

E.O. 13175 and determined that this 

rule does not impose substantial direct 

effects on federally recognized Tribes. 

List of Subjects in 45 CFR Part 2556 

Grant programs—social programs, 

Volunteers. 

■ For the reasons stated in the preamble, 

the Corporation for National and 

Community Service amends chapter 

XXV of title 45 of the Code of Federal 

Regulations by revising part 2556 to 

read as follows: 

PART 2556—VOLUNTEERS IN 

SERVICE TO AMERICA 

Subpart A—General Information 

Sec. 

2556.1 What is the purpose of the VISTA 

program? 

2556.3 Who should read this part? 

2556.5 What definitions apply in this part? 

2556.7 Are waivers of the regulations in 

this part allowed? 

Subpart B—VISTA Sponsors 

2556.100 Which entities are eligible to 

apply to become VISTA sponsors? 

2556.105 Which entities are prohibited 

from being VISTA sponsors? 

2556.110 What VISTA assistance is 

available to a sponsor? 

2556.115 Is a VISTA sponsor required to 

provide a cash or in-kind match? 

2556.120 How does a VISTA sponsor 

ensure the participation of people in the 

communities to be served? 

2556.125 May AmeriCorps deny or reduce 

VISTA assistance to an existing VISTA 

project? 

2556.130 What is the procedure for denial 

or reduction of VISTA assistance to an 

existing VISTA project? 

2556.135 What is suspension and when 

may AmeriCorps suspend a VISTA 

project? 

2556.140 What is termination and when 

may AmeriCorps terminate a VISTA 

project? 

2556.145 May AmeriCorps pursue other 

remedies against a VISTA project for a 

sponsor’s material failure to comply with 

any other requirement not set forth in 

this subpart? 

2556.150 What activities are VISTA 

members not permitted to perform as 

part of service? 

2556.155 May a sponsor manage a VISTA 

project through a subrecipient? 

2556.160 What are the sponsor’s 

requirements for cost share projects? 

2556.165 What Fair Labor Standards apply 

to VISTA sponsors and subrecipients? 

2556.170 What nondiscrimination 

requirements apply to sponsors and 

subrecipients? 

2556.175 What limitations are VISTA 

sponsors subject to regarding religious 

activities? 

2556.180 What are the limitations on 

VISTA sponsors receiving funding for 

the direct cost of supporting volunteers? 

Subpart C—VISTA Members 

2556.200 Who may serve as a VISTA? 

2556.205 What commitments and 

agreements must an individual make to 

serve in the VISTA program? 

2556.210 Who reviews and approves an 

application for VISTA service? 

Subpart D—Terms, Protections, and 

Benefits of VISTA Members 

2556.300 Is a VISTA considered a Federal 

employee and is a VISTA considered an 

employee of the sponsor? 

2556.305 What is the duration and scope of 

service for a VISTA? 

2556.310 What are a VISTA sponsor’s and 

AmeriCorps’ supervisory responsibilities 

during a VISTA’s term of service? 

2556.315 What are terms and conditions for 

official travel for a VISTA? 

2556.320 What benefits may a VISTA 

receive during VISTA service? 


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2556.325 May a VISTA be provided 

coverage for legal defense expenses 

related to VISTA service? 

2556.330 When may a VISTA be provided 

coverage for legal defense expenses 

related to criminal proceedings? 

2556.335 When may a VISTA be provided 

coverage for legal defense expenses 

related to civil or administrative 

proceedings? 

2556.340 What is non-competitive 

eligibility and who is eligible for it? 

2556.345 Who may present a grievance? 

2556.350 What matters are considered 

grievances? 

2556.355 May a VISTA have access to 

records as part of the VISTA grievance 

procedure? 

2556.360 How may a VISTA bring a 

grievance? 

2556.365 May a VISTA appeal a grievance? 

Subpart E—Termination for Cause 

Procedures 

2556.400 What is termination for cause and 

what are the criteria for termination for 

cause? 

2556.405 Who has sole authority to remove 

a VISTA from a VISTA project and who 

has sole authority to terminate a VISTA 

from a VISTA project or the VISTA 

program? 

2556.410 May a sponsor request that a 

VISTA be removed from its project? 

2556.415 May AmeriCorps remove a VISTA 

from a project without the sponsor’s 

request for removal? 

2556.420 What are termination for cause 

proceedings? 

2556.425 May a VISTA appeal their 

termination for cause? 

2556.430 Is a VISTA who is terminated 

early from the VISTA program for other 

than cause entitled to appeal under these 

procedures? 

Subpart F—Summer Associates 

2556.500 How is a position for a summer 

associate established in a project? 

2556.505 How do summer associates differ 

from other VISTAs? 

Subpart G—VISTA Leaders 

2556.600 How is a position for a leader 

established in a project, or in multiple 

projects within a contiguous geographic 

region? 

2556.605 Who is eligible to apply to serve 

as a leader? 

2556.610 What is the application process to 

apply to become a leader? 

2556.615 Who reviews a leader application 

and who approves or disapproves a 

leader application? 

2556.620 How does a leader differ from 

other VISTAs? 

2556.625 What are terms and conditions of 

service for a leader? 

Subpart H—Restrictions and Prohibitions 

on Political Activities and Lobbying 

2556.700 Who is covered by this subpart? 

2556.705 What is prohibited political 

activity? 

2556.710 What political activities are 

VISTAs prohibited from engaging in? 

2556.715 What political activities may a 

VISTA participate in? 

2556.720 May VISTAs participate in 

political organizations? 

2556.725 May VISTAs participate in 

political campaigns? 

2556.730 May VISTAs participate in 

elections? 

2556.735 May a VISTA be a candidate for 

public office? 

2556.740 May VISTAs participate in 

political fundraising activities? 

2556.745 Are VISTAs prohibited from 

soliciting or discouraging the political 

participation of certain individuals? 

2556.750 What restrictions and prohibitions 

are VISTAs who campaign for a spouse 

or family member subject to? 

2556.755 May VISTAs participate in lawful 

demonstrations? 

2556.760 May a sponsor or subrecipient 

approve the participation of a VISTA in 

a demonstration or other political 

meeting? 

2556.765 What disciplinary actions are 

VISTAs subject to for violating 

restrictions or prohibitions on political 

activities? 

2556.770 What are the requirements of 

VISTA sponsors and subrecipients 

regarding political activities? 

2556.775 What prohibitions and restrictions 

on political activity apply to employees 

of VISTA sponsors and subrecipients? 

2556.780 What prohibitions on lobbying 

activities apply to VISTA sponsors and 

subrecipients? 

Authority: 42 U.S.C. 4951–4953; 5 CFR 

part 734, 42 U.S.C. 4953(a), (f), 4954(b), (e), 

4955(b), 4956, 5043(a)–(c), 5044(a)–(c), (e), 

5046, 5052, 5056, and 5057; 42 U.S.C. 12651b 

(g)(10); 42 U.S.C. 12651c(c); E.O. 13279, 67 

FR 77141, 3 CFR, 2002 Comp., p. 2156, 42 

U.S.C. 4954(a), (b), (d), 4955, 5044(e), 5055, 

and 5059; 42 U.S.C. 12602(c), 42 U.S.C. 

4953(b), (c), (f), and 5044(e). 

Subpart A—General Information 

§ 2556.1 What is the purpose of the VISTA 

program? 

(a) The purpose of the VISTA program 

is to strengthen and supplement efforts 

to eliminate and alleviate poverty and 

poverty-related problems throughout the 

United States and certain U.S. 

territories. To effect this purpose, the 

VISTA program encourages and enables 

individuals from all walks of life to join 

VISTA to perform, on a full-time basis, 

meaningful and constructive service to 

assist in the solution of poverty and 

poverty-related problems and secure 

opportunities for self-advancement of 

persons afflicted by such problems. 

(b) The VISTA program objectives are 

to: 

(1) Generate private sector resources; 

(2) Encourage volunteer service at the 

local level; 

(3) Support efforts by local agencies 

and community organizations to achieve 

long-term sustainability of projects; and 

(4) Strengthen local agencies and 

community organizations to carry out 

the purpose of the VISTA program. 

§ 2556.3 Who should read this part? 

This part may be of interest to: 

(a) Private nonprofit organizations, 

public nonprofit organizations, State 

government agencies, local government 

agencies, Federal agencies, and Tribal 

government agencies who are 

participating in the VISTA program as 

sponsors, or who are interested in 

participating in the VISTA program as 

sponsors. 

(b) Individuals 18 and older who are 

serving as a VISTA, or who are 

interested in serving as a VISTA. 

§ 2556.5 What definitions apply in this 

part? 

Act or DVSA means the Domestic 

Volunteer Service Act of 1973, as 

amended, Public Law 93–113 (42 U.S.C. 

4951 et seq.). 

Alternative oath or affirmation means 

a pledge of VISTA service taken by an 

individual who legally resides within a 

State, but who is not a citizen or 

national of the United States, upon that 

individual’s enrollment into the VISTA 

program. 

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. 

Applicant for VISTA service means an 

individual who is in the process of 

completing, or has completed, an 

application for VISTA service as 

prescribed by AmeriCorps, but who has 

been not been approved by AmeriCorps 

to be a candidate. 

Application for VISTA service means 

the materials prescribed by AmeriCorps 

to determine an individual’s eligibility 

and suitability for VISTA service. 

Assistance means VISTAs, leaders, or 

summer associates. ‘‘Assistance’’ also 

means technical assistance or training of 

VISTAs, leaders, summer associates, 

candidates, sponsors, or supervisors that 

are provided from funds appropriated 

by Congress for the purpose of 

supporting activities under the DVSA. 

‘‘Assistance’’ also means grant funds. 

Candidate, when used in the context 

of an individual who has applied for 

VISTA service, means an individual 

whose application for VISTA service 

has been approved by AmeriCorps, but 

who has not taken an oath, alternative 

oath, or affirmation to serve in the 

VISTA program. Candidates may 

include those who were enrolled in the 

VISTA program at a prior time. 

Cost share means when an entity, 

such as a VISTA sponsor, reimburses 


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AmeriCorps part or all of the expenses 

associated with the operation of a 

VISTA project, such as the costs for one 

or more VISTAs, leaders, or summer 

associates placed in a VISTA project. 

Deputy Regional Administrator means 

an AmeriCorps official who reports 

directly to the Regional Administrator 

and oversees the day-to-day regional 

operations to ensure the quality of 

program design and delivery. 

Education award or Segal AmeriCorps 

Education Award means an end-ofservice monetary benefit from 

AmeriCorps’ National Service Trust that 

is directed to designated educational 

institutions and is awarded to certain 

qualifying VISTAs who successfully 

complete an established term of VISTA 

service. 

Enroll, enrolled, or enrollment, when 

used in the context of VISTA service, 

refers to the status of an individual 

admitted to serve in the VISTA program. 

The enrollment period commences 

when the candidate takes the Oath to 

serve in the VISTA program and ends 

upon their termination from a term of 

service in the VISTA program. The 

enrollment period may begin on a date 

earlier than the first day of a service 

assignment of an enrolled VISTA 

member. 

Full-time, when used in the context of 

VISTA service, means service in which 

a VISTA, leader, or summer associate 

remains available for service without 

regard to regular working hours. 

Leader, a leader, or a VISTA leader 

means a VISTA member who is enrolled 

for full-time VISTA service and who is 

also subject to the terms of subpart G of 

this part. 

Living allowance or living allowance 

payment means a monetary benefit paid 

for subsistence purposes to a VISTA 

member during VISTA service. 

Memorandum of Agreement means a 

written agreement between AmeriCorps 

and a sponsor regarding the terms of the 

sponsor’s involvement and 

responsibilities in the VISTA program. 

Nonpartisan election means: 

(1) An election in which none of the 

candidates for nomination or election 

represents a political party for which 

candidates for Presidential elector 

received votes in the last preceding 

election at which Presidential electors 

were selected; or 

(2) An election involving a question 

or issue which is not specifically 

identified with a political party, such as 

a constitutional amendment, 

referendum, approval of a municipal 

ordinance, or any question or issue of a 

similar character. 

Oath means an avowal to VISTA 

service, taken in accordance with 5 

U.S.C. 3331, by an individual who is a 

U.S. citizen or national. The taking of 

the Oath effects an individual’s 

enrollment into the VISTA program. 

On-duty or during service time means 

when a VISTA is either performing 

VISTA service or scheduled to do so. 

Portfolio Manager means an 

AmeriCorps official who reports to a 

Senior Portfolio Manager and serves as 

a technical advisor to current and 

prospective grantees and sponsors for 

effective, timely, and compliant 

administration of grant awards. 

Project or VISTA project means a set 

of VISTA activities operated and 

overseen by, and the responsibility of, a 

sponsor, and assisted under this part to 

realize the goals of title I of the DVSA. 

Project applicant or VISTA project 

applicant means an entity that submits 

an application to AmeriCorps to 

operate, oversee, and be responsible for 

a VISTA project. 

Project application or VISTA project 

application means the application 

materials prescribed by AmeriCorps to 

determine an applying entity’s 

eligibility and suitability to operate, 

oversee, and be responsible for, a VISTA 

project. 

Project director or VISTA project 

director means a staff person, of legal 

age, of the sponsor, who has been 

assigned by the sponsor the overall 

responsibility for management of the 

VISTA project. 

Regional Administrator means an 

AmeriCorps official who is the head of 

a designated region for AmeriCorps and 

responsible for driving, managing, and 

overseeing the strategic direction and 

operations of the Region Office. 

Senior Portfolio Manager means an 

AmeriCorps official who reports to a 

Deputy Regional Administrator and 

supervises a team of portfolio managers 

and manages an advanced portfolio of 

grants and program development. 

Sponsor, VISTA sponsor, or VISTA 

project sponsor means a public agency 

or private non-profit organization that 

receives assistance under title I of the 

DVSA and is responsible for operating 

and overseeing a VISTA project. A 

public agency may be a Federal, State, 

local or Tribal Government. 

State, when used as a noun, means 

one of the several States in the United 

States of America, District of Columbia, 

Virgin Islands, Puerto Rico, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands. 

Stipend or end-of-service stipend 

means an end-of-service lump-sum 

monetary benefit from AmeriCorps that 

is awarded to certain qualifying VISTAs 

who successfully complete an 

established term of VISTA service. 

Subrecipient means a public agency 

or private non-profit organization that 

enters into an agreement with a VISTA 

sponsor to receive one or more VISTAs, 

and to carry out a set of activities, 

assisted under this part, to realize the 

goals of title I of the DVSA. A public 

agency may be a Federal, State, local or 

Tribal Government. 

Summer associate means a VISTA 

member who is enrolled for VISTA 

service, during a period between May 1 

and September 15, and who is also 

subject to the terms of subpart H of this 

part. A summer associate must be 

available to provide continuous fulltime service for a period of at least eight 

weeks and a maximum of ten weeks. 

Supervisor or VISTA Supervisor 

means a staff member, of legal age, of 

the sponsor or a subrecipient, who has 

been assigned by the sponsor or the 

subrecipient the responsibility for dayto-day oversight of one or more VISTAs. 

Tribe means any Indian tribe, band, 

nation, or other organized group or 

community, including any Alaskan 

native village or regional village 

corporation as defined in or established 

pursuant to the Alaska Native Claims 

Settlement Act, which is recognized by 

the United States or the State in which 

it resides as eligible for special programs 

and services provided to Indians 

because of their status as Indians. 

VISTA Case Manager means an 

AmeriCorps official who reports to the 

VMSU Director and manages service 

status changes of VISTA members (e.g., 

removals, terminations, and transfers). 

VISTA member, a VISTA, or the 

VISTA means an individual enrolled 

full-time in the VISTA program, as 

authorized under title I of the DVSA. 

VISTA program means the Federal 

Government program named Volunteers 

in Service to America and authorized 

under title I of the Domestic Volunteer 

Service Act of 1973, as amended, 42 

U.S.C. 4950 et seq. 

VISTA service means VISTA service 

activities performed by a VISTA 

member while enrolled in the VISTA 

program. 

VMSU Director means the 

AmeriCorps official who is Director of 

the VISTA Member Support Unit and 

manages daily operations of the VMSU 

to provide services to potential, current, 

and former VISTA members. 

§ 2556.7 Are waivers of the regulations in 

this part allowed? 

Upon a determination of good cause, 

the Chief Executive Officer of 

AmeriCorps may, subject to statutory 


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limitations, waive any provisions of this 

part. 

Subpart B—VISTA Sponsors 

§ 2556.100 Which entities are eligible to 

apply to become VISTA sponsors? 

The following types of entities are 

eligible to apply to become VISTA 

sponsors and thereby undertake projects 

in the U.S. and certain U.S. territories: 

(a) Private nonprofit organizations. 

(b) Public nonprofit organizations. 

(c) State government or state 

government agencies. 

(d) Local government or local 

government agencies. 

(e) Tribal government or tribal 

government agencies. 

§ 2556.105 Which entities are prohibited 

from being VISTA sponsors? 

(a) An entity is prohibited from being 

a VISTA sponsor or from otherwise 

receiving VISTA assistance if a 

principal purpose or activity of the 

entity includes any of the following: 

(1) Electoral activities. Any activity 

designed to influence the outcome of 

elections to any public office, such as 

actively campaigning for or against, or 

supporting, candidates for public office; 

raising, soliciting, or collecting funds for 

candidates for public office; or 

preparing, distributing, providing funds 

for campaign literature for candidates, 

including leaflets, pamphlets, and 

material designed for print or electronic 

media. 

(2) Voter registration activities. Any 

voter registration activity, such as 

providing transportation of individuals 

to voter registration sites; providing 

assistance to individuals in the process 

of registering to vote, including 

determinations of eligibility; or 

disseminating official voter registration 

material. 

(3) Transportation to the polls. 

Providing voters or prospective voters 

with transportation to the polls or 

raising, soliciting, or collecting funds for 

such activities. 

(b) Any organization that, subsequent 

to the receipt of VISTA assistance, 

makes as one of its principal purposes 

or activities any of the activities 

described in paragraph (a) of this 

section is subject to the procedures in 

§§ 2556.125 through 2556.145. 

§ 2556.110 What VISTA assistance is 

available to a sponsor? 

(a) A sponsor may be approved for 

one or more VISTA positions. 

(b) A sponsor, upon review and 

approval by AmeriCorps to establish a 

leader position or positions, and in 

accordance with criteria set forth at 

subpart G of this part, may be approved 

for one or more leader positions. 

(c) A sponsor, upon approval by 

AmeriCorps to establish a summer 

associate position or positions, and in 

accordance with criteria set forth at 

subpart F of this part, may be approved 

for one or more summer associate 

positions. 

(d) A sponsor may be eligible to 

receive certain grant assistance under 

the terms determined and prescribed by 

AmeriCorps. 

(e) A sponsor may receive training 

and technical assistance related to 

carrying out the purposes of title I of the 

DVSA. 

§ 2556.115 Is a VISTA sponsor required to 

provide a cash or in-kind match? 

(a) A sponsor is not required to 

provide a cash match for any of the 

assistance listed in § 2556.110. 

(b) A sponsor must provide 

supervision, workspace, service-related 

transportation, and any other materials 

necessary to operate and complete the 

VISTA project and support the VISTA. 

§ 2556.120 How does a VISTA sponsor 

ensure the participation of people in the 

communities to be served? 

(a) To the maximum extent 

practicable, the people of the 

communities to be served by VISTA 

members must participate in planning, 

developing, and implementing 

programs. 

(b) The sponsor must articulate in its 

project application how it will engage or 

continue to engage relevant 

communities in the development and 

implementation of programs. 

§ 2556.125 May AmeriCorps deny or 

reduce VISTA assistance to an existing 

VISTA project? 

(a) AmeriCorps may deny or reduce 

VISTA assistance where a denial or 

reduction is based on: 

(1) Legislative requirement; 

(2) Availability of funding; 

(3) Failure to comply with applicable 

term(s) or condition(s) of a contract, 

grant agreement, or an applicable 

Memorandum of Agreement; 

(4) Ineffective management of 

AmeriCorps resources; 

(5) Substantial failure to comply with 

AmeriCorps policy and overall 

objectives under a contract, grant 

agreement, or applicable Memorandum 

of Agreement; or 

(6) General policy. 

(b) In instances where the basis for 

denial or reduction of VISTA assistance 

may also be the basis for the suspension 

or termination of a VISTA project under 

this subpart, AmeriCorps is not limited 

to the use of this section to the 

exclusion of the procedures for 

suspension or termination in this 

subpart. 

§ 2556.130 What is the procedure for 

denial or reduction of VISTA assistance to 

an existing VISTA project? 

(a) AmeriCorps will notify the 

sponsor in writing, at least 75 calendar 

days before the anticipated denial or 

reduction of VISTA assistance, that 

AmeriCorps proposes to deny or reduce 

VISTA assistance. AmeriCorps’ written 

notice will state the reasons for the 

decision to deny or reduce assistance 

and will provide an opportunity period 

for the sponsor to respond to the merits 

of the proposed decision. AmeriCorps 

retains sole authority to make the final 

determination as to whether the VISTA 

assistance at issue will be denied or 

reduced, as appropriate. 

(b) Where AmeriCorps’ notice of 

proposed decision is based upon a 

specific charge of the sponsor’s failure 

to comply with the applicable term(s) or 

condition(s) of a contract, grant 

agreement, or an applicable 

Memorandum of Agreement, the notice 

will offer the sponsor an opportunity 

period to respond in writing to the 

notice, with any affidavits or other 

supporting documentation, and to 

request an informal hearing before a 

mutually agreed-upon impartial hearing 

officer. The authority of such a hearing 

officer will be limited to conducting the 

hearing and offering recommendations 

to AmeriCorps. Regardless of whether or 

not an informal hearing takes place, 

AmeriCorps will retain full authority to 

make the final determination as to 

whether the VISTA assistance is denied 

or reduced, as appropriate. 

(c) If the recipient requests an 

informal hearing, in accordance with 

paragraph (b) of this section, such 

hearing will be held on a date specified 

by AmeriCorps and held at a location 

convenient to the sponsor. 

(d) If AmeriCorps’ proposed decision 

is based on ineffective management of 

resources, or on the substantial failure 

to comply with AmeriCorps policy and 

overall objectives under a contract, grant 

agreement, or an applicable 

Memorandum of Agreement, 

AmeriCorps will inform the sponsor in 

the notice of proposed decision of the 

opportunity to show cause why VISTA 

assistance should not be denied or 

reduced, as appropriate. AmeriCorps 

retains full authority to make the final 

determination whether the VISTA 

assistance at issue will be denied or 

reduced, as appropriate. 

(e) The recipient will be informed of 

AmeriCorps’ final determination on 

whether the VISTA assistance at issue is 


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denied or reduced, and the basis for the 

determination. 

(f) The procedure in this section does 

not apply to a denial or reduction of 

VISTA assistance based on legislative 

requirements, availability of funding, or 

on general policy. 

§ 2556.135 What is suspension and when 

may AmeriCorps suspend a VISTA project? 

(a) Suspension is any action by 

AmeriCorps that temporarily suspends 

or curtails assistance, in whole or in 

part, to all or any part of a VISTA 

project, prior to the time that the project 

term is concluded. Suspension does not 

include the denial or reduction of new 

or additional VISTA assistance. 

(b) In an emergency situation for up 

to 30 consecutive days, AmeriCorps 

may suspend assistance to a sponsor, in 

whole or in part, for the sponsor’s 

material failure or threatened material 

failure to comply with an applicable 

term(s) or condition(s) of the DVSA, the 

regulations in this part, VISTA program 

policy, or an applicable Memorandum 

of Agreement. Such suspension in an 

emergency situation will be pursuant to 

notice and opportunity to show cause 

why assistance should not be 

suspended. 

(c) To initiate suspension 

proceedings, AmeriCorps will notify the 

sponsor in writing that AmeriCorps is 

suspending assistance in whole or in 

part. The written notice will contain the 

following: 

(1) The grounds for the suspension 

and the effective date of the suspension; 

(2) The sponsor’s right to submit 

written material in response to the 

suspension to show why the VISTA 

assistance should not be suspended, or 

should be reinstated, as appropriate; 

and 

(3) The opportunity to adequately 

correct the deficiency, or deficiencies, 

which led to AmeriCorps’ notice of 

suspension. 

(d) In deciding whether to continue or 

lift the suspension, as appropriate, 

AmeriCorps will consider any timely 

material presented in writing, any 

material presented during the course of 

any informal meeting, as well as any 

showing that the sponsor has adequately 

corrected the deficiency which led to 

the initiation of suspension. 

(e) During the period of suspension of 

a sponsor, no new expenditures, if 

applicable, may be made by the 

sponsor’s VISTA project at issue and no 

new obligations may be incurred in 

connection with the VISTA project at 

issue except as specifically authorized 

in writing by AmeriCorps. 

(f) AmeriCorps may, at its discretion, 

modify the terms, conditions, and 

nature of the suspension or rescind the 

suspension action at any time, on its 

own initiative or upon a showing that 

the sponsor has adequately corrected 

the deficiency or deficiencies which led 

to the suspension and that repetition is 

not foreseeable. 

§ 2556.140 What is termination and when 

may AmeriCorps terminate a VISTA 

project? 

(a) Termination means any action by 

AmeriCorps that permanently 

terminates or curtails assistance to all or 

any part of a sponsor’s VISTA project 

prior to the time that the project term is 

concluded. 

(b) AmeriCorps may terminate 

assistance to a sponsor in whole or in 

part for the sponsor’s material failure to 

comply with an applicable term(s) or 

condition(s) of the DVSA, the 

regulations in this part, VISTA program 

policy, or an applicable Memorandum 

of Agreement. 

(c) To initiate termination 

proceedings, AmeriCorps will notify the 

sponsor in writing that AmeriCorps is 

proposing to terminate assistance in 

whole or in part. The written notice will 

contain the following: 

(1) A description of the VISTA 

assistance proposed for termination, the 

grounds that warrant such proposed 

termination, and the proposed date of 

effective termination; 

(2) Instructions regarding the 

sponsor’s opportunity, within 21 

calendar days from the date the notice 

is issued, to respond in writing to the 

merits of the proposed termination and 

their right to request a full and fair 

hearing before a mutually agreed-upon 

impartial hearing officer; and 

(3) Invitation of voluntary action by 

the sponsor to adequately correct the 

deficiency or deficiencies which led to 

AmeriCorps’ notice of proposed 

termination. 

(d) In deciding whether to effect 

termination of VISTA assistance, 

AmeriCorps will consider any relevant, 

timely material presented in writing; 

any relevant material presented during 

the course of any full and fair hearing; 

and any showing that the sponsor has 

adequately corrected the deficiency 

which led to the initiation of 

termination proceedings. 

(e) Regardless of whether or not a full 

and fair hearing takes place, 

AmeriCorps retains all authority to 

make the final determination as to 

whether termination of VISTA 

assistance is appropriate. 

(f) The sponsor will be informed of 

AmeriCorps’ final determination on the 

proposed termination of VISTA 

assistance, and the basis or bases for the 

determination. 

(g) AmeriCorps may, at its discretion, 

modify the terms, conditions, and 

nature of a termination action or rescind 

a termination action at any time on its 

own initiative, or upon a showing that 

the sponsor has adequately corrected 

the deficiency which led to the 

termination or the initiation of 

termination proceedings, and that 

repetition is not threatened. 

§ 2556.145 May AmeriCorps pursue other 

remedies against a VISTA project for a 

sponsor’s material failure to comply with 

any other requirement not set forth in this 

subpart? 

The procedures established by this 

subpart do not preclude AmeriCorps 

from pursuing any other remedies 

authorized by law. 

§ 2556.150 What activities are VISTA 

members not permitted to perform as part 

of service? 

(a) A VISTA may not perform any 

activities in the project application that 

do not correspond with the purpose of 

the VISTA program, as described in 

§ 2556.1, or that the Director has 

otherwise prohibited. 

(b) A VISTA may not perform services 

or duties as a VISTA member that 

would otherwise be performed by 

employed workers or other volunteers 

(not including participants under the 

DVSA and the National and Community 

Service Act of 1990, as amended). 

(c) A VISTA may not perform any 

services or duties, or engage in activities 

as a VISTA member, that supplant the 

hiring of or result in the displacement 

of employed workers or other volunteers 

(not including participants under the 

DVSA or the National and Community 

Service Act of 1990, as amended). 

(d) A VISTA may not perform any 

services or duties, or engage in activities 

as a VISTA member, which impair 

existing contracts for service. 

(e) The requirements of paragraphs (b) 

through (d) of this section do not apply 

when the sponsor requires the service in 

order to avoid or relieve suffering 

threatened by, or resulting from, a 

disaster, civil disturbance, terrorism, or 

war. 

(f) A sponsor or subrecipient may not 

request or receive any compensation 

from a VISTA, from a beneficiary of 

VISTA project services, or any other 

source for services of a VISTA. 

§ 2556.155 May a sponsor manage a VISTA 

project through a subrecipient? 

(a) A sponsor may carry out a VISTA 

project through one or more 

subrecipients that meet the eligibility 

criteria of § 2556.100. 


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(b) The sponsor must enter into a 

subrecipient agreement with each 

subrecipient. A subrecipient agreement 

must have at least the following 

elements: 

(1) A project plan to be implemented 

by the subrecipient; 

(2) Records to be kept and reports to 

be submitted; 

(3) Responsibilities of the parties and 

other program requirements; and 

(4) Suspension and termination 

policies and procedures. 

(c) The sponsor retains the 

responsibility for compliance with a 

Memorandum of Agreement; the 

applicable regulations in this Part; and 

all applicable policies, procedures, and 

guidance issued by AmeriCorps 

regarding the VISTA program. 

(d) A sponsor may not request or 

receive any compensation from a 

subrecipient for services performed by a 

VISTA. 

(e) A sponsor may not receive 

payment from, or on behalf of, the 

subrecipient for costs of the VISTA 

assistance, except in two limited 

circumstances: 

(1) For reasonable and actual costs 

incurred by the sponsor directly related 

to the subrecipient’s participation in a 

VISTA project; and 

(2) For any cost share related to a 

VISTA placed with the subrecipient in 

the VISTA project. 

§ 2556.160 What are the sponsor’s 

requirements for cost share projects? 

(a) A sponsor must enter into a 

written agreement for cost share as 

prescribed by AmeriCorps. 

(b) A sponsor must make timely cost 

share payments as prescribed by 

AmeriCorps and applicable Federal law 

and regulations. 

(c) In addition to other sources of 

funds, a sponsor may use funds from 

Federal, State, or local Government 

agencies, provided the requirements of 

those agencies and their programs are 

met. 

(d) Subject to review and approval by 

AmeriCorps, AmeriCorps may enter into 

an agreement with another entity to 

receive and use funds to make cost 

share payments on behalf of the 

sponsor. 

§ 2556.165 What Fair Labor Standards 

apply to VISTA sponsors and 

subrecipients? 

All sponsors and subrecipients that 

employ laborers and mechanics for 

construction, alteration, or repair of 

facilities must pay wages at prevailing 

rates as determined by the Secretary of 

Labor in accordance with the DavisBacon Act, as amended, 40 U.S.C. 276a. 

§ 2556.170 What nondiscrimination 

requirements apply to sponsors and 

subrecipients? 

(a) An individual with responsibility 

for the operation of a project that 

receives AmeriCorps assistance must 

not discriminate against a participant in, 

or member of the staff of, such project 

on the basis of the participant or staff 

member’s race, color, national origin, 

sex, age, or political affiliation, or on the 

basis of disability, if the participant or 

staff member is a qualified individual 

with a disability. 

(b) Any AmeriCorps assistance 

constitutes Federal financial assistance 

for purposes of title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d et 

seq.), title IX of the Education 

Amendments of 1972 (20 U.S.C. 1681 et 

seq.), section 504 of the Rehabilitation 

Act of 1973 (29 U.S.C. 794), and the Age 

Discrimination Act of 1975 (42 U.S.C. 

6101 et seq.), and constitutes Federal 

financial assistance to an education 

program or activity for purposes of the 

Education Amendments of 1972 (20 

U.S.C. 1681 et seq.). 

(c) An individual with responsibility 

for the operation of a project that 

receives AmeriCorps assistance may not 

discriminate on the basis of religion 

against a participant in such project or 

a member of the staff of such project 

who is paid with AmeriCorps funds. 

This provision does not apply to the 

employment (with AmeriCorps 

assistance) of any staff member of an 

AmeriCorps-supported project who was 

employed with the organization 

operating the project on the date the 

AmeriCorps assistance was awarded. 

(d) Sponsors must notify all program 

participants, staff, applicants, and 

beneficiaries of: 

(1) Their rights under applicable 

Federal nondiscrimination laws, 

including relevant provisions of the 

national service legislation and 

implementing regulations; and 

(2) The procedure for filing a 

discrimination complaint. No sponsor 

or subrecipient, or sponsor or 

subrecipient employee, or individual 

with responsibility for the 

implementation or operation of a 

sponsor or a subrecipient, may 

discriminate against a VISTA on the 

basis of race, color, national origin, 

gender, age, religion, or political 

affiliation. No sponsor or subrecipient, 

or sponsor or subrecipient employee, or 

individual with responsibility for the 

implementation or operation of a 

sponsor or a subrecipient, may 

discriminate against a VISTA on the 

basis of disability, if the VISTA is a 

qualified individual with a disability. 

§ 2556.175 What limitations are VISTA 

sponsors subject to regarding religious 

activities? 

(a) A VISTA may not give religious 

instruction, conduct worship services, 

or engage in any form of proselytizing 

as part of their duties. 

(b) A sponsor or subrecipient may 

retain its independence and may 

continue to carry out its mission, 

including the definition, development, 

practice, and expression of its religious 

beliefs, provided that it does not use any 

AmeriCorps assistance, including the 

services of any VISTA or VISTA 

assistance, to support any inherently 

religious activities, such as worship, 

religious instruction, or proselytizing, as 

part of the programs or services assisted 

by the VISTA program. If a VISTA 

sponsor or subrecipient conducts such 

inherently religious activities, the 

activities must be offered separately, in 

time or location, from the programs or 

services assisted under this Part by the 

VISTA program. 

§ 2556.180 What are the limitations on 

VISTA sponsors receiving funding for the 

direct cost of supporting volunteers? 

(a) AmeriCorps will not obligate 

funding for the direct cost of supporting 

volunteers that is: 

(1) More than 30 percent of VISTA 

funds appropriated in any fiscal year; or 

(2) For a new project that was not 

selected through a competitive process. 

(b) The ‘‘direct cost of supporting 

volunteers’’ includes only those funds 

that are paid directly to VISTA 

members, leaders, or summer associates, 

such as: living allowance; travel 

reimbursements, including the Settling 

In Allowance; End of Service Benefits, 

including the cash stipend; and other 

expenses paid directly to the member, 

leader, or summer associate, as 

determined by the VISTA Director. 

Subpart C—VISTA Members 

§ 2556.200 Who may serve as a VISTA? 

An individual may serve as a VISTA 

if all the following requirements are met 

as of the date the individual takes the 

oath or affirmation, as appropriate, to 

enter VISTA service: 

(a) The individual is at least eighteen 

years of age. There is no upper age limit. 

(b) The individual is a United States 

citizen or national, or is legally residing 

within a State. 

§ 2556.205 What commitments and 

agreements must an individual make to 

serve in the VISTA program? 

(a) To the maximum extent 

practicable, the individual must make a 

full-time commitment to remain 

available for service without regard to 


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regular working hours, at all times 

during their period of service, except for 

authorized periods of leave. 

(b) To the maximum extent 

practicable, the individual must make a 

full-time personal commitment to 

alleviate poverty and poverty-related 

problems, and to live among and at the 

economic level of the low-income 

people served by the project. 

(c) The individual’s service cannot be 

used to satisfy service requirements of 

parole, probation, or community service 

prescribed by the criminal justice 

system. 

(d) A VISTA candidate or member 

agrees to undergo an investigation into 

their criminal history or background as 

a condition of enrollment, or continued 

enrollment, in the VISTA program. 

§ 2556.210 Who reviews and approves an 

application for VISTA service? 

AmeriCorps has the final authority to 

approve or deny applications for VISTA 

service. 

Subpart D—Terms, Protections, and 

Benefits of VISTA Members 

§ 2556.300 Is a VISTA considered a 

Federal employee and is a VISTA 

considered an employee of the sponsor? 

(a) Except for the purposes listed here, 

a VISTA is not considered an employee 

of the Federal Government. A VISTA is 

considered a Federal employee only for 

the following purposes: 

(1) Federal Tort Claims Act—28 

U.S.C. 1346(b); 28 U.S.C. 2671–2680; 

(2) Federal Employees’ Compensation 

Act—5 U.S.C. chapter 81, subchapter 1; 

(3) Hatch Act—5 U.S.C. chapter 73, 

subchapter III; 

(4) Internal Revenue Service Code— 

26 U.S.C. 1 et seq.; and 

(5) Title II of the Social Security Act— 

42 U.S.C. 401 et seq. 

(b) A VISTA is not considered a 

Federal employee for any purposes 

other than those set forth in paragraph 

(a) of this section. 

(c) A VISTA is not covered by Federal 

or State unemployment compensation 

related to their enrollment or service in 

the VISTA program. A VISTA’s service 

is not considered employment for 

purposes of eligibility for, or receipt of, 

Federal, State, or any other 

unemployment compensation. 

(d) Monetary allowances, such as 

living allowances that VISTAs receive 

during VISTA service, are not 

considered wages. Monetary 

allowances, such as living allowances, 

that VISTAs receive during VISTA 

service are considered income for such 

purposes as Federal income tax and 

Social Security. 

(e) A VISTA is not, under any 

circumstances, considered an employee 

of the sponsor or subrecipient to which 

they are assigned to serve. No VISTA is 

in an employment relationship with the 

sponsor or subrecipient to which they 

are assigned. The sponsor is not 

authorized to make contributions to any 

State unemployment compensation 

fund on a VISTA’s behalf. 

§ 2556.305 What is the duration and scope 

of service for a VISTA? 

(a) To serve as a VISTA, an individual 

makes a full-time commitment for a 

minimum of one year, without regard to 

regular working hours. 

(b) A VISTA carries out activities in 

accordance with the purpose of the 

VISTA program, as described in 

§ 2556.1. 

(c) To the maximum extent 

practicable, the VISTA must live among 

and at the economic level of the lowincome community served by the 

project. 

(d) A VISTA carries out service 

activities in conformance with the 

sponsor’s approved project application, 

including any description of a VISTA 

assignment as contained in the project 

application; and in conformance with 

the purpose of title I of the DVSA. In 

any case where there is a conflict 

between the project application and the 

DVSA, the DVSA takes precedence. 

(e) Under no circumstances may an 

individual be enrolled to serve as a 

VISTA beyond five years. 

§ 2556.310 What are a VISTA sponsor’s 

and AmeriCorps’ supervisory 

responsibilities during a VISTA’s term of 

service? 

(a) The VISTA sponsor is responsible 

for the day-to-day supervision and 

oversight of the VISTA. 

(b) AmeriCorps is responsible for 

ongoing monitoring and oversight of the 

VISTA sponsor’s project where the 

VISTA is assigned. AmeriCorps is 

responsible for selecting the VISTA, 

assigning the VISTA to a project, 

removal of a VISTA from a project, and 

VISTA separation actions such as 

termination from the VISTA program. 

§ 2556.315 What are terms and conditions 

for official travel for a VISTA? 

(a) AmeriCorps may provide official 

travel for a VISTA candidate or a 

VISTA, as appropriate, to attend 

AmeriCorps-directed activities such as 

pre-service training, placement at the 

project site, in-service training events, 

and return from the project site to the 

VISTA’s or VISTA candidate’s home of 

record. 

(b) AmeriCorps must approve all 

official travel of a VISTA candidate or 

a VISTA, including the mode of travel. 

(c) AmeriCorps may provide for 

official emergency travel for a VISTA in 

case of a natural disaster or the critical 

illness or death of an immediate family 

member. 

§ 2556.320 What benefits may a VISTA 

receive during VISTA service? 

(a) A VISTA receives a living 

allowance computed on a daily rate. 

Living allowances vary according to the 

local cost of living in the project area 

where the VISTA is assigned. 

(b) Subject to a maximum amount, 

and at the discretion and upon approval 

of AmeriCorps, a VISTA may receive 

payment for settling-in expenses, as 

determined by AmeriCorps. 

(c) Subject to a maximum amount, 

and at the discretion of AmeriCorps, in 

the event of an emergency (such as theft, 

fire loss, or special clothing necessitated 

by severe climate), a VISTA may receive 

an emergency expense payment in order 

to resume VISTA service activities, as 

determined and approved by 

AmeriCorps. 

(d) Subject to a maximum amount, 

and at the discretion of AmeriCorps, a 

VISTA may receive a relocation travel 

allowance to offset the cost of relocating 

from the home of record to the project 

site, as determined by AmeriCorps. 

(e) To the extent eligible, a VISTA 

may receive health care through a health 

benefits program provided by 

AmeriCorps. 

(f) To the extent eligible, a VISTA may 

receive childcare support through a 

childcare program provided by 

AmeriCorps. 

(g) To the extent eligible, a VISTA 

may elect to receive a Segal AmeriCorps 

Education Award, and upon successful 

completion of service, receive that 

award in an amount prescribed by 

AmeriCorps, in accordance with the 

applicable provisions of 45 CFR parts 

2526, 2527, and 25285. 

(1) A VISTA is eligible to elect to 

receive an education award if they are 

a citizen, national, or lawful permanent 

resident alien of the United States. 

(2) A VISTA who elects an education 

award is eligible to request forbearance 

of a student loan from their loan-holder. 

A VISTA who elects an education award 

may, upon successful completion of 

service, be eligible to receive up to 100 

percent of the interest accrued on a 

qualified student loan, consistent with 

the applicable provisions of 45 CFR part 

2529. 

(3) A VISTA is not eligible to receive 

more than an amount equal to the 


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aggregate value of two full-time 

education awards in their lifetime. 

(4) Other than for a summer associate, 

the amount of an education award for 

the successful completion of a VISTA 

term of service is equal to the maximum 

amount of a Federal Pell Grant under 

Section 401 of the Higher Education Act 

of 1965 (20 U.S.C. 1070a) that a student 

eligible for such grant may receive in 

the aggregate for the fiscal year in which 

the VISTA has enrolled in the VISTA 

program. 

(h) A VISTA who does not elect to 

receive a Segal AmeriCorps Education 

Award upon successful completion of 

service receives an end-of-service 

stipend in an amount prescribed by 

AmeriCorps. 

(i) In the event that a VISTA does not 

successfully complete a full term of 

service, they may not receive a pro-rated 

Segal AmeriCorps Education Award or 

a pro-rated end-of-service stipend, 

except in cases where the appropriate 

VISTA Case Manager determines the 

VISTA did not successfully complete a 

full term of service because of a 

compelling personal circumstance. 

Examples of a compelling personal 

circumstance are: Serious medical 

condition or disability of a VISTA 

during VISTA service; critical illness or 

disability of a VISTA’s immediate 

family member (spouse, domestic 

partner, parent, sibling, child, or 

guardian) if this event makes 

completing a term of service 

unreasonably difficult; or unusual 

conditions not attributable to the 

VISTA, such as natural disaster, strike, 

or premature closing of a project, that 

make completing a term of service 

unreasonably difficult or infeasible. 

(j) In the event of a VISTA’s death 

during service, their family or others 

that they named as beneficiary in 

accordance with section 5582 of title 5, 

United States Code will be paid a prorated end-of-service stipend for the 

period during which the VISTA served. 

If the VISTA had elected to receive the 

Segal AmeriCorps Education Award for 

successful completion of a full term of 

VISTA service, AmeriCorps will, prior 

to payment to the named beneficiary, 

convert that election to an end-ofservice stipend and pay the VISTA’s 

family, or others that they named as 

beneficiary, a pro-rated end-of-service 

stipend accordingly. 

§ 2556.325 May a VISTA be provided 

coverage for legal defense expenses related 

to VISTA service? 

Under certain circumstances, as set 

forth in §§ 2556.330 through 2556.335, 

AmeriCorps may pay reasonable legal 

defense expenses incurred in judicial or 

administrative proceedings for the 

defense of a VISTA serving in the 

VISTA program. Such covered legal 

expenses consist of counsel fees, court 

costs, bail, and other expenses 

incidental to a VISTA’s legal defense. 

§ 2556.330 When may a VISTA be provided 

coverage for legal defense expenses related 

to criminal proceedings? 

(a) For the legal defense of a VISTA 

member who is charged with a criminal 

offense related to the VISTA member’s 

service, up to and including 

arraignment in Federal, State, and local 

criminal proceedings, AmeriCorps may 

pay actual and reasonable legal 

expenses. AmeriCorps is not required to 

pay any expenses for the legal defense 

of a VISTA member where they are 

charged with a criminal offense arising 

from alleged activity or action that is 

unrelated to that VISTA’s service. 

(b) A VISTA member’s service is 

clearly unrelated to a charged offense 

when: 

(1) The activity or action is alleged to 

have occurred prior to the VISTA 

member’s VISTA service. 

(2) The VISTA member is not at their 

assigned project location, such as during 

periods of approved leave, medical 

leave, emergency leave, or in 

administrative hold status in the VISTA 

program. 

(3) The activity or action is alleged to 

have occurred at or near their assigned 

project, but is clearly not part of, or 

required by, the VISTA member’s 

service assignment. 

(c) For the legal defense, beyond 

arraignment in Federal, State, and local 

criminal proceedings, of a VISTA 

member who is charged with a criminal 

offense, AmeriCorps may also pay 

actual and reasonable legal expenses 

when: 

(1) The charged offense against the 

VISTA member relates exclusively to 

their VISTA assignment or status as a 

VISTA member; 

(2) The charged offense against the 

VISTA member arises from an alleged 

activity or action that is a part of, or 

required by, the VISTA member’s 

VISTA assignment; 

(3) The VISTA member has not 

admitted a willful or knowing violation 

of law; or 

(4) The charged offense against the 

VISTA member is not a minor offense or 

misdemeanor, such as a minor vehicle 

violation. 

(d) Notwithstanding paragraphs (a) 

through (c) of this section, there may be 

situations in which the criminal 

proceedings at issue arise from a matter 

that also gives rise to a civil claim under 

the Federal Tort Claims Act. In such a 

situation, the U.S. Department of Justice 

may, on behalf of the United States, 

agree to defend the VISTA. If the U.S. 

Department of Justice agrees to defend 

the VISTA member, unless there is a 

conflict between the VISTA member’s 

interest and that of the United States, 

AmeriCorps will not pay for expenses 

associated with any additional legal 

representation (such as counsel fees for 

private counsel) for the VISTA member. 

§ 2556.335 When may a VISTA be provided 

coverage for legal defense expenses related 

to civil or administrative proceedings? 

For the legal defense in Federal, State, 

and local civil judicial and 

administrative proceedings of a VISTA 

member, AmeriCorps may also pay 

actual and reasonable legal expenses 

when: 

(a) The complaint or charge is against 

the VISTA, and is directly related to 

their VISTA service and not to their 

personal activities or obligations; 

(b) The VISTA has not admitted to 

willfully or knowingly pursuing a 

course of conduct that would result in 

the plaintiff or complainant initiating 

such a proceeding; and 

(c) The judgment sought involves a 

monetary award that exceeds $1,000. 

§ 2556.340 What is non-competitive 

eligibility and who is eligible for it? 

(a) Non-competitive eligibility is a 

status that means a person is eligible for 

appointment, by a Federal agency in the 

Executive branch, into a civil service 

position in the Federal competitive 

service, in accordance with 5 CFR 

315.605. 

(b) An individual who successfully 

completes at least a year-long term of 

service as a VISTA, and who has not 

been terminated for cause from the 

VISTA program at any time, has noncompetitive eligibility status for one 

year following the end of the term of 

service as a VISTA. 

(c) In addition to the year of noncompetitive eligibility status as 

provided in paragraph (b) of this 

section, an individual’s non-competitive 

eligibility status may extend for two 

more years, to a total of three years, if 

the individual is: 

(1) In the military service; 

(2) Studying at a recognized 

institution of higher learning; or 

(3) In another activity which, in the 

view of the Federal agency referenced in 

paragraph (a) of this section, warrants 

extension. 

§ 2556.345 Who may present a grievance? 

(a) Under the VISTA program 

grievance procedure, a grievance may be 

presented by any individual who is 

currently enrolled in the VISTA 


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program or who was enrolled in the 

VISTA program within the past 30 

calendar days. 

(b) A VISTA’s grievance may not be 

construed as reflecting on the VISTA’s 

standing, performance, or desirability as 

a VISTA. 

(c) A VISTA who presents a grievance 

may not be subjected to restraint, 

interference, coercion, discrimination, 

or reprisal because of presentation of 

views. 

§ 2556.350 What matters are considered 

grievances? 

(a) Under the VISTA program 

grievance procedure, grievances are 

matters of concern, brought by a VISTA, 

that arise out of, and directly affect, the 

VISTA’s service situation or that arise 

out of a violation of a policy, practice, 

or regulation governing the terms or 

conditions of the VISTA’s service, that 

result in the denial or infringement of a 

right or benefit to the VISTA member. 

(b) Matters not within the definition 

of a grievance as defined in paragraph 

(a) of this section are not grievable, and 

therefore, are excluded from the VISTA 

program grievance procedure. Though 

not exhaustive, examples of matters 

excluded from the VISTA program 

grievance procedure are: 

(1) Matters related to a sponsor’s or 

project’s continuance or discontinuance; 

the number of VISTAs assigned to a 

VISTA project; the increases or 

decreases in the level of support 

provided to a VISTA project; the 

suspension or termination of a VISTA 

project; or the selection or retention of 

VISTA project staff; 

(2) Matters for which a separate 

administrative procedure or complaint 

process is provided, such as early 

termination for cause, claims of 

discrimination during service, and 

Federal worker’s compensation claims 

filed for illness or injury sustained in 

the course of carrying out VISTA 

activities; 

(3) Matters related to the content of 

any law, published rule, regulation, 

policy, or procedure; 

(4) Matters related to housing during 

a VISTA member’s service; 

(5) Matters which are, by law, subject 

to final administrative review outside 

AmeriCorps; 

(6) Matters related to actions taken, or 

not taken, by a VISTA sponsor or 

subrecipient, or AmeriCorps, in 

compliance with or in order to fulfill the 

terms of a contract, grant, or other 

agreement related to the VISTA 

program; or 

(7) Matters related to the internal 

management of AmeriCorps, unless 

such matters are shown to specifically 

and directly affect the VISTA’s service 

situation or terms or conditions of their 

VISTA service. 

§ 2556.355 May a VISTA have access to 

records as part of the VISTA grievance 

procedure? 

(a) A VISTA is entitled to review any 

material in their official VISTA file and 

any relevant AmeriCorps records to the 

extent permitted by the Freedom of 

Information Act and the Privacy Act, 5 

U.S.C. 552, 552a. Examples of materials 

that may be withheld include references 

obtained under pledge of 

confidentiality, official VISTA files of 

other VISTAs, and privileged intraagency documents. 

(b) A VISTA may review relevant 

materials in the possession of a sponsor 

to the extent such materials are 

disclosable by the sponsor under 

applicable Freedom of Information Act 

and privacy laws. 

§ 2556.360 How may a VISTA bring a 

grievance? 

(a) Bringing a grievance—Step 1. (1) If 

a VISTA is currently enrolled in the 

VISTA program or was enrolled in the 

VISTA program within the past 30 

calendar days, they may, within 15 

calendar days of an event giving rise to 

a grievance or within 15 calendar days 

after becoming aware of such an event, 

bring a grievance to the sponsor or 

subrecipient where they are assigned to 

serve. If the grievance arises out of a 

continuing condition or practice that 

individually affects a VISTA, the VISTA 

may bring it at any time during their 

enrollment that they are affected by the 

continuing condition or practice. 

(2) A VISTA brings a grievance by 

presenting it in writing to the executive 

director, or comparable individual, of 

the sponsoring organization where the 

VISTA is assigned or to the sponsor’s 

representative who is designated to 

receive grievances from a VISTA. 

(3) The sponsor must review and 

respond in writing to the VISTA’s 

grievance within 10 calendar days of 

receipt of the written grievance. The 

sponsor may not fail to respond to a 

complaint raised by a VISTA on the 

basis that it is not an actual grievance, 

or that it is excluded from coverage as 

a grievance, but may, in the written 

response, dismiss the complaint and 

refuse on either of those grounds to 

grant the requested relief. 

(4) If the grievance brought by a 

VISTA involves a matter over which the 

sponsor has no substantial control or if 

the sponsor’s representative is the 

supervisor of the VISTA, the VISTA 

may pass over the procedure set forth in 

paragraphs (a)(1) through (3) of this 

section and present the grievance in 

writing directly to the Deputy Regional 

Administrator, as described in 

paragraph (b) of this section. 

(b) Bringing a grievance—Step 2. (1) 

If, after a VISTA brings a grievance as 

set forth in paragraphs (a)(1) and (2) of 

this section, the matter is not resolved, 

they may submit the grievance in 

writing to the appropriate Deputy 

Regional Administrator. The VISTA 

must submit the grievance to the Deputy 

Regional Administrator either: 

(i) Within seven calendar days of 

receipt of the sponsor’s response; or, 

(ii) In the event the sponsor does not 

issue a response to the VISTA within 10 

calendar days of its receipt of the 

written grievance, within 17 calendar 

days of the sponsor’s receipt of the 

written grievance. 

(2) If the grievance involves a matter 

over which either the sponsor or 

subrecipient has no substantial control, 

or if the sponsor’s representative is the 

supervisor of the VISTA, as described in 

paragraph (a)(4) of this section, the 

VISTA may pass over the procedure set 

forth in paragraphs (a)(1) through (3) of 

this section, and submit the grievance in 

writing directly to the Deputy Regional 

Administrator. In such a case, the 

VISTA must submit the grievance to the 

Deputy Regional Administrator within 

15 calendar days of the event giving rise 

to the grievance occurs, or within 15 

calendar days after becoming aware of 

the event. 

(3) Within ten working days of receipt 

of the grievance, the Deputy Regional 

Administrator will respond in writing, 

regardless of whether or not the matter 

constitutes a grievance as defined under 

this grievance procedure and/or is 

timely submitted. In the response, the 

Deputy Regional Administrator may 

determine that the matter submitted as 

a grievance is not grievable, is not 

considered a grievance, or fails to meet 

the time limit for response. If the 

Deputy Regional Administrator makes 

any such determination, they may 

dismiss the complaint, setting forth the 

reason(s) for the dismissal. In such a 

case, the Deputy Regional Administrator 

need not address the complaint on the 

merits, nor make a determination of the 

complaint on the merits. 

§ 2556.365 May a VISTA appeal a 

grievance? 

(a) A VISTA may appeal the Deputy 

Regional Administrator’s response to 

the grievance under § 2556.360(b)(3) by 

submitting a written appeal to the 

appropriate Regional Administrator. To 

be eligible to appeal a grievance 

response to the Regional Administrator, 

the VISTA must first have exhausted all 


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appropriate actions as set forth in 

§ 2556.360. 

(b) A VISTA’s grievance appeal must 

be in writing, contain sufficient detail to 

identify the subject matter of the 

grievance, specify the relief requested, 

and be signed by the VISTA. 

(c) A VISTA must submit a grievance 

appeal to the appropriate Regional 

Administrator no later than 10 calendar 

days after the Deputy Regional 

Administrator issues their response to 

the grievance. 

(d) Certain matters contained in a 

grievance appeal may be rejected, rather 

than denied on the merits, by the 

Regional Administrator. A grievance 

appeal may be rejected, in whole or in 

part, for any of the following reasons: 

(1) The grievance appeal was not 

submitted to the appropriate Regional 

Administrator within the time limit 

specified in paragraph (c) of this 

section; 

(2) The grievance appeal consists of 

matters not contained within the 

definition of a grievance, as specified in 

section § 2556.350(a); 

(3) The grievance appeal consists of 

matters excluded from the VISTA 

program grievance procedure, as 

specified in § 2556.350(b); or 

(4) The grievance appeal contains 

matters that are moot, or for which relief 

has otherwise been granted. 

(e) Within 14 calendar days of receipt 

of the grievance, the appropriate 

Regional Administrator will decide the 

grievance appeal on the merits, or reject 

the grievance appeal in whole or in part, 

or both, as appropriate. The Regional 

Administrator shall notify the VISTA in 

writing of the decision and specify the 

grounds for the appeal decision. The 

appeal decision will include a statement 

of the basis for the decision and is a 

final decision of AmeriCorps. 

Subpart E—Termination for Cause 

Procedures 

§ 2556.400 What is termination for cause 

and what are the criteria for termination for 

cause? 

(a) Termination for cause is discharge 

of a VISTA from the VISTA program 

due to a deficiency, or deficiencies, in 

conduct or performance. 

(b) AmeriCorps may terminate a 

VISTA for cause for any of the following 

reasons: 

(1) Conviction of any criminal offense 

under Federal, State, or local statute or 

ordinance; 

(2) Violation of any provision of the 

Domestic Service Volunteer Act of 1973, 

as amended, or any AmeriCorps or 

VISTA program policy, regulation, or 

instruction; 

(3) Failure, refusal, or inability to 

perform prescribed project duties as 

outlined in the project plan, assignment 

description, or as directed by the 

sponsor to which the VISTA is assigned; 

(4) Involvement in activities which 

substantially interfere with the VISTA’s 

performance of project duties; 

(5) Intentional false statement, 

misrepresentation, omission, fraud, or 

deception in seeking to obtain selection 

as a VISTA in the VISTA program; 

(6) Any conduct on the part of the 

VISTA which substantially diminishes 

their effectiveness as a VISTA; or 

(7) Unsatisfactory performance of an 

assignment. 

§ 2556.405 Who has sole authority to 

remove a VISTA from a VISTA project and 

who has sole authority to terminate a VISTA 

from a VISTA project or the VISTA 

program? 

(a) AmeriCorps has the sole authority 

to remove a VISTA from a project where 

they have been assigned. 

(b) AmeriCorps has the sole authority 

to terminate for cause or otherwise 

terminate a VISTA from the VISTA 

program. 

(c) Neither the sponsoring 

organization nor any of its subrecipients 

has the authority to remove a VISTA 

from a project or to terminate a VISTA 

for cause, or for any other basis, from 

the VISTA program. 

§ 2556.410 May a sponsor request that a 

VISTA be removed from its project? 

(a) The head of a sponsoring 

organization, or their designee, may 

request that AmeriCorps remove a 

VISTA assigned to its project. Any such 

request must be submitted in writing to 

the appropriate Portfolio Manager and 

should state the reasons for the request. 

(b) The Portfolio Manager may, at 

their discretion, attempt to resolve the 

situation with the sponsor so that a 

solution other than removal of the 

VISTA from the project assignment is 

reached. 

(c) When an alternative solution, as 

referenced in paragraph (b) of this 

section, is not sought, or is not reached 

within a reasonable time period, the 

VISTA Case Manager will remove the 

VISTA from the project. 

§ 2556.415 May AmeriCorps remove a 

VISTA from a project without the sponsor’s 

request for removal? 

Of its own accord, AmeriCorps may 

remove a VISTA from a project 

assignment without the sponsor’s 

request for removal. 

§ 2556.420 What are termination for cause 

proceedings? 

(a) Termination for cause proceedings 

remove a VISTA from a project 

assignment due to an alleged deficiency, 

or alleged deficiencies, in conduct or 

performance, and are initiated by 

AmeriCorps. 

(b) AmeriCorps, to the extent 

practicable, communicates the matter, 

and the administrative procedures as set 

forth in paragraphs (c) through (e) of 

this section, with the VISTA who is 

removed from a VISTA project. 

(c) The VISTA Case Manager will 

notify the VISTA in writing of 

AmeriCorps’ proposal to terminate for 

cause. The written proposal to terminate 

the VISTA for cause must give them the 

reason(s) for the proposed termination, 

and notify them that they have 10 

calendar days within which to submit a 

written answer to the proposal to 

terminate them cause and to furnish any 

accompanying statements or written 

material. The VISTA must submit their 

answer to the VISTA Case Manager by 

the deadline identified in the written 

proposal to terminate for cause. 

(d) Within 10 calendar days of the 

expiration of the VISTA’s deadline to 

answer the proposal to terminate for 

cause, AmeriCorps will issue a written 

decision regarding the proposal to 

terminate for cause. 

(1) If AmeriCorps decides to terminate 

the VISTA for cause, its written decision 

will set forth the reasons for the 

determination and the effective date of 

termination (which may be on or after 

the date of the decision). 

(2) If AmeriCorps decides not to 

terminate the VISTA for cause, the 

written decision will indicate that the 

proposal to terminate for cause is 

rescinded. 

(e) A VISTA who does not submit a 

timely answer to the appropriate VISTA 

Case Manager, as set forth in paragraph 

(c) of this section, is not entitled to 

appeal the decision regarding the 

proposal to terminate for cause. In such 

cases, AmeriCorps may terminate the 

VISTA for cause, on the date identified 

in the decision, and the termination 

action is final. 

§ 2556.425 May a VISTA appeal their 

termination for cause? 

(a) Within 10 calendar days of 

AmeriCorps’ issuance of the decision to 

terminate the VISTA for cause, as set 

forth in § 2556.420(d), the VISTA may 

appeal the decision to the VMSU 

Director. The appeal must be in writing 

and specify the reasons for the VISTA’s 

disagreement with the decision. 

(b) AmeriCorps will not incur any 

expenses or travel allowances for the 

VISTA in connection with the 

preparation or presentation of the 

appeal. 


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(c) The VISTA may have access to 

records as follows: 

(1) The VISTA may review any 

material in the VISTA’s official 

AmeriCorps file and any relevant 

AmeriCorps records to the extent 

permitted by the Freedom of 

Information Act and the Privacy Act, 5 

U.S.C. 552, 552a. Examples of 

documents that may be withheld 

include references obtained under 

pledge of confidentiality, official files of 

other program participants, and 

privileged intra-agency documents. 

(2) The VISTA may review relevant 

records in the possession of a sponsor 

to the extent such documents are 

disclosable by the sponsor under 

applicable freedom of information act 

and privacy laws. 

(d) Within 14 calendar days of receipt 

of any appeal by the VISTA, the VMSU 

Director or equivalent AmeriCorps 

official will issue a written appeal 

determination indicating the reasons for 

the appeal determination. The appeal 

determination will be final. 

§ 2556.430 Is a VISTA who is terminated 

early from the VISTA program for other than 

cause entitled to appeal under these 

procedures? 

(a) Only a VISTA whose early 

termination from the VISTA program is 

for cause, and who has answered the 

proposal to terminate them for cause in 

a timely manner, as set forth in 

§ 2556.420(c), is entitled to appeal the 

early termination action, as referenced 

in § 2556.425. A termination for cause is 

based on a deficiency, or deficiencies, in 

the performance or conduct of a VISTA. 

(b) The following types of early 

terminations from the VISTA program 

are not terminations for cause, and are 

not entitled to appeal under the early 

termination appeal procedure set forth 

in §§ 2556.420 and 2556.425: 

(1) Resignation from the VISTA 

program prior to the issuance of a 

decision to terminate for cause, as set 

forth in § 2556.420(d); 

(2) Early termination from the VISTA 

program because a VISTA did not 

secure a suitable reassignment to 

another project; and 

(3) Medical termination from the 

VISTA program. 

Subpart F—Summer Associates 

§ 2556.500 How is a position for a summer 

associate established in a project? 

Subject to VISTA assistance 

availability, AmeriCorps approves the 

establishment of summer associate 

positions based on the following factors: 

(a) The need in the community, as 

demonstrated by the sponsor, for the 

performance of project activities by a 

summer associate(s); 

(b) The content and quality of summer 

associate project plans; 

(c) The capacity of the sponsor to 

implement the summer associate project 

activities; and 

(d) The sponsor’s compliance with all 

applicable parts of the DVSA, VISTA 

program policy, and the sponsor’s 

Memorandum of Agreement, which 

incorporates their project application. 

§ 2556.505 How do summer associates 

differ from other VISTAs? 

Summer associates differ from other 

VISTAs in the following ways: 

(a) Summer associates are not eligible 

to receive: 

(1) Health care through a health 

benefits program provided by 

AmeriCorps; 

(2) Childcare support through a 

childcare program provided by 

AmeriCorps; 

(3) Payment for settling-in expenses; 

or 

(4) Non-competitive eligibility in 

accordance with 5 CFR 315.605. 

(b) Absent extraordinary 

circumstances, summer associates are 

not eligible to receive: 

(1) Payment for travel expenses 

incurred for travel to or from the project 

site to which the summer associate is 

assigned; or 

(2) A relocation travel allowance to 

offset the cost of relocating from the 

summer associate’s home of record to 

the project site to which they are 

assigned to serve. 

(c) AmeriCorps may discharge a 

summer associate due to a deficiency, or 

deficiencies, in conduct or performance. 

Summer associates are not subject to 

subpart E of this part, or to the grievance 

procedures provided to VISTAs set forth 

in §§ 2556.345 through 2556.365. 

Subpart G—VISTA Leaders 

§ 2556.600 How is a position for a leader 

established in a project, or in multiple 

projects within a contiguous geographic 

region? 

(a) At its discretion, AmeriCorps may 

approve the establishment of a leader 

position based on the following factors: 

(1) The need for a leader in a project 

of a substantial size and with multiple 

VISTAs assigned to serve at that project, 

or the need for leader for multiple 

projects located within a contiguous 

geographic region. 

(2) The need for a leader to assist with 

the communication of VISTA policies 

and administrative procedures to 

VISTAs within a project, or throughout 

the multiple projects within a 

contiguous geographic region, as 

applicable. 

(3) The need for a leader to assist with 

the professional development of VISTAs 

within a project, or throughout the 

multiple projects within a contiguous 

geographic region, as applicable. 

(4) The need for a leader to assist with 

the recruitment and preparation for the 

arrival of VISTAs within a project, or 

throughout the multiple projects within 

a contiguous geographic region, as 

applicable. 

(5) The capacity of the VISTA 

supervisor to support and guide the 

leader. 

(b) A sponsor may request, in its 

project application, that AmeriCorps 

establish a leader position in its project. 

§ 2556.605 Who is eligible to apply to 

serve as a leader? 

An individual is eligible to apply to 

serve as a leader if they have 

successfully completed any of the 

following: 

(a) At least one year of service as a 

VISTA; 

(b) At least one full term of service as 

a full-time AmeriCorps State and 

National member; 

(c) At least one full term of service as 

a member of the AmeriCorps National 

Civilian Community Corps (NCCC); or 

(d) At least one traditional term of 

service as a Peace Corps Volunteer. 

§ 2556.610 What is the application process 

to apply to become a leader? 

(a) Application package. An eligible 

individual must apply in writing to 

AmeriCorps to become a leader. The 

sponsor’s recommendation must be 

included with the individual’s 

application to become a leader. 

(b) Sponsor recommendation. A 

sponsor with which an individual is 

seeking to serve as a leader must 

recommend the individual to become a 

leader, in writing, to AmeriCorps. 

(c) Selection. AmeriCorps has sole 

authority to select a leader. The criteria 

considered for selection include the 

individual’s experience, special skills, 

and leadership, as demonstrated in the 

application and the sponsor’s 

recommendation. 

§ 2556.615 Who reviews a leader 

application and who approves or 

disapproves a leader application? 

AmeriCorps reviews the application 

package for the leader position, 

considers the recommendation of the 

sponsor, and approves or disapproves 

the individual to serve as a leader. 

§ 2556.620 How does a leader differ from 

other VISTAs? 

(a) The application process to become 

a leader, as described in § 2556.610, is 

separate and distinct from the 


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application process to enroll as a VISTA 

in the VISTA program. 

(b) A leader may receive a living 

allowance computed at a higher daily 

rate than other VISTAs, as authorized 

under section 105(a)(1)(B) of the DVSA. 

(c) A leader is subject to all the terms 

and conditions of service described in 

§ 2556.625. 

§ 2556.625 What are terms and conditions 

of service for a leader? 

Though not exhaustive, terms and 

conditions of service as a leader 

include: 

(a) A leader makes a full-time 

commitment to serve as a leader, 

without regard to regular working hours, 

for a minimum of one year. 

(b) To the maximum extent 

practicable, a leader must live among 

and at the economic level of the lowincome community served by the 

project. 

(c) A leader aids the communication 

of VISTA policies and administrative 

procedures to VISTAs. 

(d) A leader assists with the 

leadership development of VISTAs. 

(e) A leader is a resource in the 

development and delivery of training for 

VISTAs. 

(f) A leader may assist the sponsor 

with recruitment and preparation for the 

arrival of VISTAs. 

(g) A leader may advise a supervisor 

on potential problem areas and needs of 

VISTAs. 

(h) A leader aids VISTAs in the 

development of effective working 

relationships and understanding of 

VISTA program concepts. 

(i) A leader may aid the supervisor 

and sponsor in directing or focusing the 

VISTA project to best address the 

community’s needs. 

(j) A leader may serve as a collector 

of data for performance measures of the 

project and the VISTAs. 

(k) A leader is prohibited from 

supervising VISTAs. A leader is also 

prohibited from handling or managing, 

on behalf of the project, personnelrelated matters affecting VISTAs. 

Personnel-related matters affecting 

VISTAs must be managed and handled 

by the project and in coordination with 

the appropriate AmeriCorps Region 

Office. 

Subpart H—Restrictions and 

Prohibitions on Political Activities and 

Lobbying 

§ 2556.700 Who is covered by this 

subpart? 

(a) All VISTAs, including leaders and 

summer associates, are subject to this 

subpart. 

(b) All employees of VISTA sponsors 

and subrecipients whose salaries or 

other compensation are paid, in whole 

or in part, with VISTA grant assistance 

are subject to this subpart. 

(c) All VISTA sponsors and 

subrecipients are subject to this subpart. 

§ 2556.705 What is prohibited political 

activity? 

For purposes of the regulations in this 

subpart, ‘‘prohibited political activity’’ 

means an activity directed toward the 

success or failure of a political party, 

candidate for partisan political office, or 

partisan political group. 

§ 2556.710 What political activities are 

VISTAs prohibited from engaging in? 

(a) A VISTA may not use their official 

authority or influence to interfere with 

or affect the result of an election. 

(b) A VISTA may not use their official 

authority or influence to coerce any 

individual to participate in political 

activity. 

(c) A VISTA may not use their official 

VISTA program title while participating 

in prohibited political activity. 

(d) A VISTA may not participate in 

prohibited political activities in the 

following circumstances: 

(1) While they are on duty; 

(2) While they are wearing an article 

of clothing, logo, insignia, or other 

similar item that identifies AmeriCorps, 

the VISTA program, or one of 

AmeriCorps’ other national service 

programs; 

(3) While they are in any room or 

building occupied in the discharge of 

VISTA duties by an individual 

employed by the sponsor; and 

(4) While using a vehicle owned or 

leased by a sponsor or subrecipient, or 

while using a privately-owned vehicle 

in the discharge of VISTA duties. 

§ 2556.715 What political activities may a 

VISTA participate in? 

(a) Provided that paragraph (b) of this 

section is fully adhered to, a VISTA 

may: 

(1) Express their opinion privately 

and publicly on political subjects; 

(2) Be politically active in connection 

with a question that is not specifically 

identified with a political party, such as 

a constitutional amendment, 

referendum, approval of a municipal 

ordinance, or any other question or 

issue of similar character; 

(3) Participate in the nonpartisan 

activities of a civic, community, social, 

labor, professional, or similar 

organization; and 

(4) Participate fully in public affairs, 

except as prohibited by other Federal 

law, in a manner that does not 

compromise their efficiency or integrity 

as a VISTA, or compromise the 

neutrality, efficiency, or integrity of 

AmeriCorps or the VISTA program. 

(b) A VISTA may participate in 

political activities set forth in paragraph 

(a) of this section as long as such 

participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interfere with their 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 

(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

§ 2556.720 May VISTAs participate in 

political organizations? 

(a) Provided that paragraph (b) of this 

section is fully adhered to, and in 

accordance with the prohibitions set 

forth in § 2556.710, a VISTA may: 

(1) Be a member of a political party 

or other political group and participate 

in its activities; 

(2) Serve as an officer of a political 

party or other political group, a member 

of a national, State, or local committee 

of a political party, an officer or member 

of a committee of a political group, or 

be a candidate for any of these 

positions; 

(3) Attend and participate fully in the 

business of nominating caucuses of 

political parties; 

(4) Organize or reorganize a political 

party organization or political group; 

(5) Participate in a political 

convention, rally, or other political 

gathering; and 

(6) Serve as a delegate, alternate, or 

proxy to a political party convention. 

(b) A VISTA may participate in a 

political organization as long as such 

participation complies with the 

restrictions set out in paragraphs (b)(1) 

through (6) of § 2556.715. 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 


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(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

§ 2556.725 May VISTAs participate in 

political campaigns? 

(a) Provided that paragraph (b) of this 

section is fully adhered to, and in 

accordance with the prohibitions set 

forth in § 2556.710, a VISTA may: 

(1) Display pictures, signs, stickers, 

badges, or buttons associated with 

political parties, candidates for partisan 

political office, or partisan political 

groups, as long as these items are 

displayed in accordance with the 

prohibitions set forth in § 2556.710; 

(2) Initiate or circulate a nominating 

petition for a candidate for partisan 

political office; 

(3) Canvass for votes in support of or 

in opposition to a partisan political 

candidate or a candidate for political 

party office; 

(4) Endorse or oppose a partisan 

political candidate or a candidate for 

political party office in a political 

advertisement, broadcast, campaign 

literature, or similar material; and 

(5) Address a convention caucus, 

rally, or similar gathering of a political 

party or political group in support of or 

in opposition to a partisan political 

candidate or a candidate for political 

party office. 

(b) A VISTA may participate in a 

political campaign as long as such 

participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 

(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

§ 2556.730 May VISTAs participate in 

elections? 

(a) Provided that paragraph (b) of this 

section is fully adhered to, and in 

accordance with the prohibitions set 

forth in § 2556.710, a VISTA may: 

(1) Register and vote in any election; 

(2) Act as recorder, watcher, 

challenger, or similar officer at polling 

places; 

(3) Serve as an election judge or clerk, 

or in a similar position; and 

(4) Drive voters to polling places for 

a partisan political candidate, partisan 

political group, or political party. 

(5) Participate in voter registration 

activities. 

(b) A VISTA may participate in 

elections as long as such participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 

(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

§ 2556.735 May a VISTA be a candidate for 

public office? 

(a) Except as provided in paragraph 

(c) of this section, no VISTA may run for 

the nomination to, or as a candidate for 

election to, partisan political office. 

(b) In accordance with the 

prohibitions set forth in § 2556.710, a 

VISTA may participate in elections as 

long as such participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interference with the 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 

(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

(c) Provided that paragraphs (a) and 

(b) of this section are adhered to, and in 

accordance with the prohibitions set 

forth in § 2556.710, a VISTA may: 

(1) Run as an independent candidate 

in a partisan election in designated U.S. 

municipalities and political 

subdivisions as set forth at 5 CFR part 

733; and 

(2) Run as a candidate in a nonpartisan election. 

§ 2556.740 May VISTAs participate in 

political fundraising activities? 

(a) Provided that paragraphs (b) 

through (d) of this section are fully 

adhered to, and in accordance with the 

prohibitions set forth in § 2556.710, a 

VISTA may: 

(1) Make a political contribution to a 

political party, political group, 

campaign committee of a candidate for 

public office in a partisan election; 

(2) Attend a political fundraiser; and 

(3) Solicit, accept, or receive 

uncompensated volunteer services for a 

political campaign from any individual. 

(b) A VISTA may participate in 

fundraising activities as long as such 

participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, their assigned VISTA project 

duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Does not involve any use of VISTA 

assistance, resources or funds; 

(4) Would not result in the 

identification of the VISTA as being a 

participant in or otherwise associated 

with the VISTA program; 

(5) Is not conducted during scheduled 

VISTA service hours; and 

(6) Does not interfere with the fulltime commitment to remain available 

for VISTA service without regard to 

regular working hours, at all times 

during periods of service, except for 

authorized periods of leave. 

(c) A VISTA may not knowingly: 

(1) Personally solicit, accept, or 

receive a political contribution from 

another individual; 

(2) Personally solicit political 

contributions in a speech or keynote 

address given at a fundraiser; 

(3) Allow their perceived or actual 

affiliation with the VISTA program, or 

their official title as a VISTA, to be used 

in connection with fundraising 

activities; or 

(4) Solicit, accept, or receive 

uncompensated individual volunteer 

services from a subordinate (e.g., a 


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leader may not solicit, accept or receive 

a political contribution from a VISTA). 

(d) Except for VISTAs who reside in 

municipalities or political subdivisions 

designated under 5 CFR part 733, no 

VISTA may accept or receive a political 

contribution on behalf of an individual 

who is a candidate for local partisan 

political office and who represents a 

political party. 

§ 2556.745 Are VISTAs prohibited from 

soliciting or discouraging the political 

participation of certain individuals? 

(a) A VISTA may not knowingly 

solicit or discourage the participation in 

any political activity of any individual 

who has an application for any 

compensation, grant, contract, ruling, 

license, permit, or certificate pending 

before AmeriCorps or the VISTA 

program. 

(b) A VISTA may not knowingly 

solicit or discourage the participation in 

any political activity of any individual 

who is the subject of, or a participant in, 

an ongoing audit, investigation, or 

enforcement action being carried out by 

or through AmeriCorps or the VISTA 

program. 

§ 2556.750 What restrictions and 

prohibitions are VISTAs who campaign for 

a spouse or family member subject to? 

A VISTA who is the spouse or family 

member of a candidate for partisan 

political office, candidate for political 

party office, or candidate for public 

office in a nonpartisan election is 

subject to the same restrictions and 

prohibitions as other VISTAs, as set 

forth in § 2556.725. 

§ 2556.755 May VISTAs participate in 

lawful demonstrations? 

In accordance with the prohibitions 

set forth in § 2556.710, VISTAs may 

participate in lawful demonstrations, 

political rallies, and other political 

meetings, so long as such participation 

is in conformance with all of the 

following: 

(a) Occurs only while on authorized 

leave or while otherwise off duty; 

(b) Does not include attempting to 

represent, or representing, the views of 

VISTAs or the VISTA program on any 

public issue; 

(c) Could not be reasonably 

understood by the community as being 

identified with the VISTA program, the 

project, or other elements of VISTA 

service; and 

(d) Does not interfere with the 

discharge of VISTA duties. 

§ 2556.760 May a sponsor or subrecipient 

approve the participation of a VISTA in a 

demonstration or other political meeting? 

(a) No VISTA sponsor or subrecipient 

may approve a VISTA to be involved in 

planning, initiating, participating in, or 

otherwise aiding or assisting in any 

demonstration or other political 

meeting. 

(b) If a VISTA sponsor or 

subrecipient, subsequent to the receipt 

of any AmeriCorps financial assistance, 

including the assignment of VISTAs, 

approves the participation of a VISTA in 

a demonstration or other political 

meeting, that VISTA sponsor or 

subrecipient is subject to procedures 

related to the suspension or termination 

of such assistance, as provided in 

subpart B of this part, §§ 2556.135 

through 2556.140. 

§ 2556.765 What disciplinary actions are 

VISTAs subject to for violating restrictions 

or prohibitions on political activities? 

Violations by a VISTA of any of the 

prohibitions or restrictions set forth in 

this subpart may warrant termination 

for cause, in accordance with 

proceedings set forth at §§ 2556.420, 

2556.425, and 2556.430. 

§ 2556.770 What are the requirements of 

VISTA sponsors and subrecipients 

regarding political activities? 

(a) All sponsors and subrecipients are 

required to: 

(1) Understand the restrictions and 

prohibitions on the political activities of 

VISTAs, as set forth in this subpart; 

(2) Provide training to VISTAs on all 

applicable restrictions and prohibitions 

on political activities, as set forth in this 

subpart, and use training materials that 

are consistent with these restrictions 

and prohibitions; 

(3) Monitor on a continuing basis the 

activity of VISTAs for compliance with 

this subpart; and 

(4) Report all violations or 

questionable situations immediately to 

the appropriate AmeriCorps Region 

Office. 

(b) Failure of a sponsor to comply 

with the requirements of this subpart, or 

a violation of the requirements 

contained in this subpart by the sponsor 

or subrecipient, sponsor or 

subrecipient’s covered employees, 

agents, or VISTAs, may be deemed a 

material failure to comply with terms or 

conditions of the VISTA program. In 

such a case, the sponsor is subject to 

procedures related to the denial or 

reduction, or suspension or termination, 

of such assistance, as provided in 

§§ 2556.125, 2556.130, and 2556.140. 

§ 2556.775 What prohibitions and 

restrictions on political activity apply to 

employees of VISTA sponsors and 

subrecipients? 

All employees of VISTA sponsors and 

subrecipients, whose salaries or other 

compensation are paid, in whole or in 

part, with VISTA funds are subject to all 

applicable prohibitions and restrictions 

described in this subpart in the 

following circumstances: 

(a) Whenever they are engaged in an 

activity that is supported by 

AmeriCorps or VISTA funds or 

assistance; and 

(b) Whenever they identify 

themselves as acting in their capacity as 

an official of a VISTA project that 

receives AmeriCorps or VISTA funds or 

assistance, or could reasonably be 

perceived by others as acting in such a 

capacity. 

§ 2556.780 What prohibitions on lobbying 

activities apply to VISTA sponsors and 

subrecipients? 

(a) No VISTA sponsor or subrecipient 

may assign a VISTA to perform service 

or engage in activities related to 

influencing the passage or defeat of 

legislation or proposals by initiative 

petition. 

(b) No VISTA sponsor or subrecipient 

may use any AmeriCorps financial 

assistance, such as VISTA funds or the 

services of a VISTA, for any activity 

related to influencing the passage or 

defeat of legislation or proposals by 

initiative petition. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2023–10027 Filed 5–15–23; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230316–0077; RTID 0648– 

XD015] 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2023 

Management Area 3 Possession Limit 

Adjustment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; possession 

limit adjustment. 

SUMMARY: NMFS is implementing a 

2,000-lb (907.2-kg) possession limit for 

Atlantic herring for Management Area 3. 

This is required because NMFS projects 

that herring catch from Area 3 will 

reach 98 percent of the Area’s subannual catch limit before the end of the 

fishing year. This action is intended to 

prevent overharvest of herring in Area 3, 


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