[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 6432-6435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01555]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2500

RIN 3045-AA83


AmeriCorps Statement of Organization

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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

DATES: This rule is effective March 4, 2024.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General 
Counsel, at (202) 967-5070, or <a href="/cdn-cgi/l/email-protection#482d2938382d2408742968203a2d2e75" http: americorps.gov">americorps.gov</a>">eappel@americorps.gov</a>.

SUPPLEMENTARY INFORMATION: 

I. Background

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

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

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

II. Responses to Comments on Proposed Rule and Changes to Proposed Rule

    AmeriCorps published the proposed rule on May 2, 2023. See 88 FR 
27423. AmeriCorps received three written comment submissions prior to 
the July 3, 2023, deadline for public comments. All three comments 
expressed opposition to AmeriCorps' regional structure under the Office 
of Regional Operations and the logos and branding that resulted from 
the ``Transformation and Sustainability Plan'' that AmeriCorps adopted 
several years ago. Commenters recounted multiple challenges with the 
regional structure that replaced the State Office structure. AmeriCorps 
currently operates through the regional structure and strives to 
address grantees' concerns or the difficulties they face within that 
structure. However, because the rule merely describes the regional 
structure under which AmeriCorps currently operates, AmeriCorps is not 
reconsidering its structure at this time, and is proceeding with 
finalization of the description contained in the rule. However, 
AmeriCorps appreciates the

[[Page 6433]]

commenters' input on the structure and welcomes ongoing communications 
to continually improve operations within the regional structure.
    All three comments also expressed some opposition to the logos and 
branding, stating--among other reasons--that the logo and branding 
cause confusion. AmeriCorps appreciates the comments around the 
potential brand confusion; however, because no substantive change was 
proposed for the sections related to logos and branding (only a 
redesignation of section numbers), AmeriCorps is maintaining the 
current rule with finalization of the proposed section redesignations.
    The only changes to the proposed rule that the final rule makes are 
minor wording changes for clarity and additional explanation of 
AmeriCorps NCCC. In Sec.  2500.10, regarding the general organization 
of the Agency, the final rule clarifies that the Chief Executive 
Officer is responsible for exercising powers and discharging duties set 
out in the National and Community Service Act of 1990, as amended, 42 
U.S.C. 12501 et seq. (NCSA), and that the Board is responsible for 
discharging duties set out in the NCSA. In Sec. Sec.  2500.10(c) and 
2500.12, the final rule clarifies that there are two separate sets of 
regions under AmeriCorps' structure: one for AmeriCorps NCCC and one 
for AmeriCorps' Office of Regional Operations. In Sec.  2500.20, the 
final rule adds references to a newly operational sub-program, NCCC 
Forest Corps, and the Agency's Disaster Services Unit.

III. Regulatory Analyses

A. Executive Orders 12866 and 13563

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

B. 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 an 
interim or final rule report to the U.S. House of Representatives, U.S. 
Senate, and to the Comptroller General of the U.S. 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 determined this is not 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 U.S.-based enterprises to compete with 
foreign-based 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, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. Therefore, AmeriCorps has not performed the initial 
regulatory flexibility analysis that is required under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to 
have such results.

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 Paperwork Reduction Act (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 include 
any information collections requiring approval by the Office of 
Management and Budget.

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 2500

    Organization and functions (Government agencies).


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

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

Subpart A--Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.

[[Page 6434]]

2500.3 Purpose and mission.
Subpart B--Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C--Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Subpart D--Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.

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

Subpart A--Introduction


Sec.  2500.1  Creation and authority.

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


Sec.  2500.2  Agency operating name.

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


Sec.  2500.3  Purpose and mission.

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

Subpart B--Organization


Sec.  2500.10  General.

    (a) The Chief Executive Officer (CEO) is the head of AmeriCorps. 
The CEO has authority and control over AmeriCorps personnel, except 
those in the Agency's Office of Inspector General, and is responsible 
for exercising the powers and discharging the duties authorized by the 
National and Community Service Act of 1990, as amended, that are not 
otherwise reserved to the Board of Directors.
    (b) The Board of Directors is responsible for discharging the 
duties authorized to it by the National and Community Service Act of 
1990, as amended.
    (c) AmeriCorps consists of headquarters and two sets of regions: 
Office of Regional Operations regions and AmeriCorps NCCC regions.


Sec.  2500.11  AmeriCorps leadership.

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


Sec.  2500.12  Region offices.

    AmeriCorps' Office of Regional Operations and AmeriCorps NCCC each 
have a regional structure.
    (a) AmeriCorps' Region Offices, within the Office of Regional 
Operations, serve assigned States and Territories across eight regions. 
The AmeriCorps website contains contact information for each of these 
Region Offices at www.americorps.gov/contact/region-offices.
    (b) AmeriCorps National Civilian Community Corps (NCCC) has a 
campus facility in each of its regions, which serve the States and 
Territories. The AmeriCorps website contains contact information for 
each of the NCCC regions at www.americorps.gov/contact/americorps-nccc-regions.

Subpart C--Programs


Sec.  2500.20  Program descriptions.

    (a) AmeriCorps operates four main national service programs: 
AmeriCorps NCCC, AmeriCorps Seniors, AmeriCorps State and National, and 
AmeriCorps VISTA. Additional information on each of these programs and 
additional AmeriCorps programs is available at www.americorps.gov.
    (1) AmeriCorps NCCC is a full-time residential service program for 
individuals aged 18 to 24 (unless otherwise authorized), as defined by 
statute. Individuals serving in the NCCC program complete team-based 
service projects that respond to priority national and community needs. 
AmeriCorps NCCC program staff recruit, train, and manage volunteers 
(called ``members'') and partner with organizations that serve as 
project sponsors. FEMA Corps is a sub-program that AmeriCorps NCCC 
manages in partnership with the Federal Emergency Management Agency. It 
places members in service positions to perform disaster public 
assistance, planning, preparedness, and recovery activities. The NCCC 
Forest Corps is a sub-program that AmeriCorps NCCC manages in 
partnership with the U.S. Forest Service. It places members in service 
positions to perform wildfire mitigation, reforestation, and climate 
resiliency activities. Finally, NCCC houses the agency's Disaster 
Services Unit (DSU), the entity which coordinates with FEMA to secure 
funding to mobilize AmeriCorps NCCC and AmeriCorps State and National 
members under a federally declared disaster.
    (2) AmeriCorps Seniors focuses on providing service opportunities 
for individuals aged 55 years or older. It operates four national 
service programs: the Foster Grandparent Program, Senior Companion 
Program, RSVP, and the Senior Demonstration Program. Under each of 
these programs, AmeriCorps Seniors provides grants to sponsoring 
organizations to meet priority national and community needs. The 
sponsoring organizations then recruit and enlist local volunteers, and 
address performance measures as required by grant terms and conditions.
    (3) AmeriCorps State and National provides grants to States, 
Territories, Indian Tribes, public and private nonprofit organizations, 
local governments, and institutions of higher education to carry out 
national service programs, offering a wide range of service 
opportunities. In addition to grant funds to support direct 
programming, AmeriCorps State and National also provides general 
operating funding for State service commissions.
    (4) AmeriCorps VISTA is a program for individuals aged 18 and older 
to participate in full-time service to strengthen and supplement 
efforts to eliminate and alleviate poverty and poverty-related problems 
in the United States. AmeriCorps VISTA partners with local 
organizations to recruit, select, train, and assign volunteers 
(``members'') to work on projects at a sponsoring organization or one 
of its project sites.

[[Page 6435]]

    (b) In addition to its four main national service programs, 
AmeriCorps also operates several additional programs and activities. 
These include the Martin Luther King, Jr., Day of Service; the 
September 11th Day of Service and Remembrance; the Volunteer Generation 
Fund; and other national service programs that AmeriCorps establishes 
through agreements with other Federal agencies.


Sec.  2500.21  Focus areas.

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

Subpart D--Logos


Sec.  2500.30  Description of logos.

    (a) The AmeriCorps logo (Logo) is the key element in agency 
identification. It provides a visual representation of the Agency's 
role to unite America by bringing people together to serve communities. 
It is symbolic of the way AmeriCorps members and volunteers lift and 
improve communities through service and volunteering. This Logo links 
the graphic communications of all Agency programs.
    (b) The Logo is an image of a solid circle containing an A where 
the right-hand pillar is a solid block line and the left-hand pillar is 
represented by a flagpole with the flag in motion, appearing to fly 
from the left to the right and forming the A as the flag intersects 
with the other pillar. AmeriCorps appears in bold to the right of the 
mark.
[GRAPHIC] [TIFF OMITTED] TR01FE24.107

    (c) The AmeriCorps Seniors logo (Seniors Logo) identifies the 
highlighted AmeriCorps Seniors programs and represents the Agency's 
commitment to programs and volunteer opportunities for older Americans.
[GRAPHIC] [TIFF OMITTED] TR01FE24.108

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


Sec.  2500.31  Retirement of logos.

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


Sec.  2500.32  Authority to affix logos.

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

Fernando Laguarda,
General Counsel.
[FR Doc. 2024-01555 Filed 1-31-24; 8:45 am]
BILLING CODE 6050-28-P


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