Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25637 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0279 to read as 

follows: 

§ 165.0279 Safety Zone for Fireworks 

Display, Chesapeake Bay, Prospect Bay; 

Queen Anne’s County, MD. 

(a) Location. The following area is a 

safety zone: All waters of Prospect Bay, 

within a 1,000 feet radius of a fireworks 

discharge barge in approximate position 

latitude 39°57′49.8′′ N, longitude 

076°14′58.5′′ W, located between Hog 

Island and Kent Island in Queen Anne’s 

County, MD. All coordinates refer to 

datum NAD 1983. 

(b) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, § 165.T05– 

0279. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in 33 CFR 165.23. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. All vessels underway within 

this safety zone at the time it is 

implemented are to depart the zone. 

(3) Persons desiring to transit the area 

of the safety zone must first obtain 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed as directed 

while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(c) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (a) of this 

section. 

(d) Enforcement period. This section 

will be enforced from 8:30 p.m. through 

10 p.m. on July 4, 2015, and, if 

necessary due to inclement weather, 

from 8:30 p.m. through 10 p.m. on July 

5, 2015. 

Dated: April 15, 2015. 

M.M. Dean, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Baltimore. 

[FR Doc. 2015–10490 Filed 5–4–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

Office of the Secretary 

45 CFR Part 170 

[CMS–1632–P] 

RIN–0938–AS41 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System Policy Changes and 

Fiscal Year 2016 Rates; Revisions of 

Quality Reporting Requirements for 

Specific Providers, Including Changes 

Related to the Electronic Health 

Record Incentive Program 

Correction 

In proposed rule document 2015– 

09245 beginning on page 24324 in the 

issue of Thursday, April 30, 2015 make 

the following correction(s): 

• On page 24324, in the second 

column, in the DATES section, ‘‘June 29, 

2015’’ should read ‘‘June 16, 2015’’. 

[FR Doc. C1–2015–09245 Filed 5–4–15; 8:45 am] 

BILLING CODE 1505–01–D 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1206, 1210, 1211, 1216, 

1217, 1218, 1220, 1222, 1226, 2556 

RIN 3045–AA36 

Volunteers in Service to America 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Corporation for National 

and Community Service (CNCS) 

proposes new regulations under the 

Domestic Volunteer Service Act of 1973, 

as amended, and the National and 

Community Service Act of 1990, as 

amended, for the Volunteers in Service 

to America (VISTA) program, including 

certain changes to update existing 

regulations. 

DATES: To be sure your comments are 

considered, they must reach CNCS on or 

before July 6, 2015. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 


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25638 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

rulemaking Web site at 

www.regulations.gov. You may also 

send your comments electronically to 

vistaregs@cns.gov. Also, you may mail 

or deliver your comments to Calvin 

Dawson, AmeriCorps VISTA, at the 

Corporation for National and 

Community Service, 1201 New York 

Avenue NW., Washington, DC 20525. 

Due to continued delays in CNCS’s 

receipt of mail, we strongly encourage 

comments to be submitted online 

electronically. You may request this 

notice in an alternative format for the 

visually impaired. Members of the 

public may review copies of all 

communications received on this 

rulemaking at CNCS’s Washington DC 

office. 

FOR FURTHER INFORMATION CONTACT: 

Calvin Dawson, AmeriCorps VISTA, at 

the Corporation for National and 

Community Service, 1201 New York 

Avenue NW., Washington, DC 20525, 

phone 202–606–6897. The TDD/TTY 

number is 800–833–3722. 

SUPPLEMENTARY INFORMATION

I. Background 

The Economic Opportunity Act of 

1964 created the Volunteers in Service 

to America (VISTA) program. The 

VISTA program, sometimes referred to 

as the domestic Peace Corps, has 

operated since the first VISTA 

volunteers (VISTAs or VISTA members) 

were placed in service in December 

1964. 

In 1971, the VISTA program was 

transferred from the Office of Economic 

Opportunity to the former Federal 

agency, ACTION (the Federal Domestic 

Volunteer Agency). In 1973, Congress 

enacted the Domestic Volunteer Service 

Act of 1973 (DVSA), the VISTA 

program’s enabling legislation. The 

VISTA program continues to retain its 

purpose, as stated in the DVSA, ‘‘to 

strengthen and supplement efforts to 

eliminate and alleviate poverty and 

poverty-related problems in the United 

States by encouraging and enabling 

individuals from all walks of life, all 

geographical areas, and all age groups, 

including low-income individuals, 

elderly and retired Americans, to 

perform meaningful and constructive 

volunteer service in agencies, 

institutions, and situations where the 

application of human talent and 

dedication may assist in the solution of 

poverty and poverty-related problems 

and secure and exploit opportunities for 

self-advancement by individuals 

afflicted with such problems.’’ 

In 1994, the Corporation for National 

and Community Service (CNCS) was 

established pursuant to the National and 

Community Service Trust Act of 1993; 

at this time, the operations of all service 

programs previously administered by 

ACTION, including the VISTA program, 

began to be administered by CNCS. The 

VISTA program also became known as 

the AmeriCorps VISTA program, one of 

three AmeriCorps programs now 

administered by CNCS. The other two 

programs were, and continue to be: (1) 

The AmeriCorps State and National 

program; and (2) the AmeriCorps 

National Civilian Community Corps 

(NCCC). Since 1994, the VISTA program 

continues to be primarily operated and 

administered under the DVSA. The 

other two AmeriCorps programs are 

operated under the National and 

Community Service Act of 1990 

(NCSA). 

In 2009, Congress enacted the Edward 

M. Kennedy Serve America Act of 2009 

(Serve America Act), which contained 

certain amendments to both the DVSA 

and the NCSA. With regard to the 

VISTA program, the Serve America Act 

amendments largely related to the Segal 

AmeriCorps Education Award, a type of 

end-of-service award for which a VISTA 

member may be eligible upon successful 

completion of a term of VISTA service. 

II. Scope of Proposed Rule 

This proposed rule covers core 

aspects of the VISTA program: (a) 

Entities that are sponsors for VISTA 

projects; and (b) individuals who are 

applicants, candidates, and VISTAs 

(including VISTA leaders and VISTA 

summer associates), serving at project 

sites. This proposed rule has four 

purposes. 

First, it conforms the existing 

regulations to the fact that CNCS 

administers the VISTA program. 

References in the existing regulations to 

the former Federal agency, ACTION, 

and the administrative structure of 

ACTION are changed to reflect CNCS 

and its administrative structure. 

Second, this proposed rule codifies 

the VISTA rules in the same location as 

the rules for CNCS’s other programs. 

The existing VISTA regulations are 

codified at 45 CFR parts 1206, 1210, 

1211, 1216–1220, 1222, and 1226. This 

proposed rule places the VISTA 

regulations within the regulations for 

CNCS and the other CNCS programs at 

45 CFR parts 2505–2556. 

On a related note, existing program 

regulations at 45 CFR parts 1206, 1216, 

1220, and 1226, currently apply both to 

the VISTA program, and to CNCS’s 

National Senior Service Corps programs. 

This proposed rule places existing 

program regulations, as they apply to 

the VISTA program, at 45 CFR parts 

2505–2556. Existing program 

regulations as they apply to the National 

Senior Service Corps programs will 

remain, at this time, at 45 CFR parts 

1206, 1216, 1220, and 1226. To 

accommodate the relocation of the 

existing program regulations as applied 

to the VISTA program, certain technical 

changes to the existing program 

regulations, as applied to the National 

Senior Service Corps programs, are 

warranted. These technical changes are 

not substantive, but are necessary to 

address the removal of references to the 

VISTA program and to reflect CNCS and 

its current administrative structure. 

Third, this proposed rule addresses 

regulations on the VISTA program’s 

elements. The existing regulations cover 

a limited range of topics. This proposed 

rule covers a wide range of topics, and 

updates the topics covered under 

existing regulations, including: VISTA 

application and termination processes, 

volunteer grievance procedures, 

competitive service eligibility, payment 

of volunteer legal expenses, 

nondisplacement of workers, VISTA 

leaders and summer associates, 

restrictions for VISTAs on certain 

political activities under the Hatch Act 

and other federal laws, and 

participation of program beneficiaries. 

Subpart A gives general program 

information: Purpose, basic program 

design, definitions used in the proposed 

rule, and waiver. Subpart B sets out 

requirements for a VISTA sponsor, and 

for a sponsor to support a VISTA. 

Subpart C pertains to being a VISTA, 

and the requirements for applying to 

become a VISTA. Subpart D provides 

the service terms, protections, and 

benefits that apply to a VISTA. Subpart 

E addresses termination for cause 

procedures. Subparts F and G, concern, 

respectively, VISTA projects with 

summer associates, and VISTA projects 

with VISTA leaders. Subpart H gives 

restrictions and prohibitions on certain 

political activities for all VISTAs, 

sponsors, and project sites. 

Fourth, this proposed rule updates the 

provisions of the existing regulations. 

These changes are described here: 

As it applies to the VISTA program, 

45 CFR part 1206, which deals with 

project suspension and termination, is 

moved to 45 CFR part 2556, subpart B 

with most substantive provisions 

remaining unchanged. Under the 

proposed rule the provisions for 

suspension remain unchanged, except 

that the provisions for summary 

suspension are eliminated and the 

provisions for suspension on notice are 

retained. This has the effect of giving 

notice to sponsors for all suspensions. 

Under the proposed rule the provisions 

for termination remain unchanged, 


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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25639 

except that a second CNCS review has 

been eliminated. Experience has shown 

that a lengthy termination review 

process is not beneficial to VISTAs at 

the project in question, unduly 

consumes the sponsor’s staff time and 

other resources, creates uncertainty for 

project beneficiaries, and exhausts 

VISTA resources that could be put to 

use for the benefit of project 

beneficiaries. 

45 CFR part 1210, which deals chiefly 

with early termination of a VISTA, is 

moved to 45 CFR part 2556, subpart E 

and changed to improve the costeffectiveness of the provisions and 

increase efficiency of VISTA program 

functions. The new provisions for early 

termination remain substantively the 

same in many respects. However, the 

early termination for cause process is 

modified. While the process retains 

more than sufficient due process in the 

form of written notification and appeals 

at two levels, the inclusion of a hearing 

examiner in that process is removed. 

Experience has shown that a multilayered termination process is 

protracted, unduly burdensome, and 

incompatible with a service term that 

can last no more than a year’s time. 

Such a process creates potential harm to 

the operations of the project and its 

beneficiaries where the VISTA had been 

assigned, prolongs uncertainty for the 

VISTA subject to the process, and 

inordinately consumes VISTA program 

resources that could be put to use for 

the benefit of project beneficiaries. 

45 CFR part 1211 on grievance 

procedures for VISTAs is moved to 45 

CFR 2556.345–2556.365 and updated to 

reflect the use of electronic 

communication technology and the 

speed at which it can operate. At 

sections 2556.345–2556.365, the 

proposed rule clarifies when a VISTA 

may present a grievance, what matters 

are considered grievances, and specific 

steps for bringing a grievance and 

appealing a response, while eliminating 

the inclusion of a grievance examiner in 

the process. Longstanding experience 

has shown that CNCS has used its 

administrative review and oversight to 

afford complaining parties more than 

sufficient due process, and has 

effectively remedied inappropriate 

conditions leading to grievances, 

without need of grievance examiner 

services. When grievance examiner 

services have been invoked, the time, 

resources and expense incurred by the 

VISTA program have substantially 

outweighed the value provided to the 

parties involved. 

45 CFR part 1216 on nondisplacement of employed workers and 

non-impairment of contracts for service 

is moved to 45 CFR 2556.150(b) 

–2556.150(e), and the substantive 

provisions remain unchanged. 

45 CFR part 1217 on leaders is moved 

to 45 CFR part 2556, subpart G and 

clarifies primary aspects of the leader 

position in a project. 

45 CFR part 1219 on non-competitive 

eligibility for VISTAs is moved to 45 

CFR 2556.340, and its substantive 

provisions remain unchanged. 

45 CFR part 1220 on payment of legal 

expenses resulting from service 

activities is moved to 45 CFR 2556.325– 

2556.335, and its substantive provisions 

remain unchanged. 

45 CFR part 1222 on participation of 

project beneficiaries is moved to 45 CFR 

2556.120, and its substantive provisions 

remain unchanged. 

45 CFR part 1226 on prohibitions and 

restrictions on certain political activities 

is moved to 45 CFR part 2556, subpart 

H and is revised to complement the 

current limitations and permitted 

political activities under the Hatch Act, 

5 U.S.C. chapter 73, subchapter III. As 

provided in the DVSA, VISTAs are 

subject to the requirements of the Hatch 

Act because they are considered federal 

employees for purposes of the Hatch 

Act, 42 U.S.C. 5055(b)(1). 

III. Effective Date 

CNCS intends to make any final rule 

based on this proposal effective no 

sooner than 90 days after the final rule 

is published in the Federal Register. 

IV. Regulatory Procedures 

Executive Order 12866 

CNCS has determined that the 

proposed rule is not an ‘‘economically 

significant’’ rule within the meaning of 

E.O. 12866 because it is not likely to 

result in: (1) An annual effect on the 

economy of $100 million or more, or an 

adverse and material effect on a sector 

of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal government or communities; (2) 

the creation of a serious inconsistency 

or interference with an action taken or 

planned by another agency; (3) a 

material alteration in the budgetary 

impacts of entitlement, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or (4) 

the raising of novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in E.O. 12866. 

Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605 

(b)), CNCS certifies that this rule, if 

adopted, will not have a significant 

economic impact on a substantial 

number of small entities. This 

regulatory action will not result in (1) an 

annual effect on the economy of $100 

million or more; (2) a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; or (3) significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. Therefore, 

CNCS has not performed the initial 

regulatory flexibility analysis that is 

required under the Regulatory 

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

major rules that are expected to have 

such results. 

Unfunded Mandates 

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. 

Paperwork Reduction Act 

This proposed rule addresses the 

requirement that entities that wish to 

apply to be VISTA sponsors complete 

an application to be a VISTA sponsor 

that manages at least one VISTA project. 

Consistent with this requirement is a 

document: the VISTA program’s Project 

Application (http://

www.nationalservice.gov/programs/

americorps/americorps-vista/sponsorvista-project). Additionally this 

proposed rule addresses the 

requirement that individuals who wish 

to apply to serve as VISTAs in the 

federal VISTA program complete an 

application to serve as a VISTA. This 

document is called an AmeriCorps 

Member Application and can be found 

online at http://

www.nationalservice.gov/programs/

americorps/americorps-vista. 

These requirements constitute two 

sets of information under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 507 et 

seq. OMB, in accordance with the 

Paperwork Reduction Act, has 

previously approved these information 

collections for use. The OMB Control 

Number for the two collections of the 

Project Application and AmeriCorps 

Application are 3045–0038 and 3045– 

0054, respectively. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
25640 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information displays valid control 

numbers. This proposed rule’s 

collections of information are contained 

in 45 CFR 2556.120 and 2556.205 for 

the Project Application and AmeriCorps 

Application, respectively. 

This information is necessary to 

ensure that only eligible and qualified 

entities serve as VISTA sponsors. This 

information is also necessary to ensure 

that only eligible and suitable 

individuals are approved by the VISTA 

program to serve as VISTAs in the 

VISTA program. 

The likely respondents to these 

collections of information are entities 

interested in or seeking to become 

VISTA sponsors, current VISTA 

sponsors, and current and prospective 

VISTAs. 

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. The 

proposed rule does not have any 

Federalism implications, as described 

above. 

List of Subjects 

45 CFR Part 1206 

Volunteers. 

45 CFR Part 1210 

Volunteers. 

45 CFR Part 1211 

Volunteers. 

45 CFR Part 1216 

Volunteers. 

45 CFR Part 1217 

Volunteers. 

45 CFR Part 1218 

Volunteers. 

45 CFR Part 1220 

Volunteers. 

45 CFR Part 1222 

Volunteers. 

45 CFR Part 1226 

Volunteers 

Elections, Lobbying. 

45 CFR Part 2556 

Volunteers, VISTA program. 

For the reasons discussed in the 

preamble, under the authority of 42 

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

National and Community Service 

proposes to amend chapters XII and 

XXV, title 45 of the Code of Federal 

Regulations as follows: 

PART 1206—GRANTS AND 

CONTRACTS—SUSPENSION AND 

TERMINATION AND DENIAL OF 

APPLICATION FOR REFUNDING 

■ 1. The authority citation for part 1206 

continues to read as follows: 

Authority: 42 U.S.C. 5052. 

■ 2. In § 1206.1–1, revise paragraph (a) 

to read as follows: 

§ 1206.1–1 Purpose and scope. 

(a) This subpart establishes rules and 

review procedures for the suspension 

and termination of assistance of 

National Senior Service Corps grants of 

assistance provided by the Corporation 

for National and Community Service 

pursuant to sections of title II of the 

Domestic Volunteer Service Act of 1973, 

Public Law 93–113, 87 Stat. 413 

(hereinafter the DVSA) because a 

recipient failed to materially comply 

with the terms and conditions of any 

grant or contract providing assistance 

under these sections of the DVSA, 

including applicable laws, regulations, 

issued program guidelines, instructions, 

grant conditions or approved work 

programs. 

* * * * * 

■ 3. Revise § 1206.1–2 to read as 

follows: 

§ 1206.1–2 Application of this part. 

This subpart applies to programs 

authorized under title II of the DVSA. 

■ 4. In § 1206.1–3, revise paragraphs 

(c)–(f) to read as follows: 

§ 1206.1–3 Definitions. 

* * * * * 

(c) The term responsible Corporation 

official means the CEO, Chief Financial 

Officer, the Director of the National 

Senior Service Corps programs, the 

appropriate Service Center Director and 

any Corporation for National and 

Community Service (CNCS) 

Headquarters or State office official who 

is authorized to make the grant or 

assistance in question. In addition to the 

foregoing officials, in the case of the 

suspension proceedings described in 

§ 1206.1–4, the term ‘‘responsible 

Corporation official’’ shall also include 

a designee of a CNCS official who is 

authorized to make the grant of 

assistance in question. 

(d) The term assistance means 

assistance under title II of the DVSA in 

the form of grants or contracts involving 

Federal funds for the administration for 

which the Director of the National 

Senior Service Corps programs has 

responsibility. 

(e) The term recipient means a public 

or private agency, institution or 

organization or a State or other political 

jurisdiction which has received 

assistance under title II of the DVSA. 

The term ‘‘recipient’’ does not include 

individuals who ultimately receive 

benefits under any DVSA program of 

assistance or National Senior Service 

Corps volunteers participating in any 

program. 

(f) The term agency means a public or 

private agency, institution, or 

organization or a State or other political 

jurisdiction with which the recipient 

has entered into an arrangement, 

contract or agreement to assist in its 

carrying out the development, conduct 

and administration of part of a project 

or program assisted under title II of the 

DVSA. 

* * * * * 

■ 5. Revise § 1206.2–1 to read as 

follows: 

§ 1206.2–1 Applicability of this subpart. 

This subpart applies to grantees and 

contractors receiving financial 

assistance under title II of the DVSA. 

The procedures in the subpart do not 

apply to review of applications for 

sponsors who receive VISTA members 

under the DVSA. 

■ 6. Revise § 1206.2–3 to read as 

follows: 

§ 1206.2–3 Definitions. 

As used in this subpart, 

‘‘Corporation’’, ‘‘CEO’’, and ‘‘recipient’’ 

are defined in accordance with 

§ 1206.1–3. 

Financial assistance and assistance 

include the services of National Senior 

Service Corps volunteers supported in 

whole or in part with CNCS funds under 

the DVSA. 

Program account includes assistance 

provided by CNCS to support a 

particular program activity; for example, 

Foster Grandparent Program, Senior 

Companion Program and Retired Senior 

Volunteer Program. 

Refunding includes renewal of an 

application for the assignment of 

National Senior Service Corps 

volunteers. 

■ 7. In § 1206.2–4, revise paragraph (g) 

to read as follows: 

§ 1206.2–4 Procedures. 

* * * * * 

(g) If the recipient’s budget period 

expires prior to the final decision by the 

deciding official, the recipient’s 


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authority to continue program 

operations shall be extended until such 

decision is made and communicated to 

the recipient. If a National Senior 

Service Corps volunteer’s term of 

service expires after receipt by a sponsor 

of a tentative decision not to refund a 

project, the period of service of the 

volunteer may be similarly extended. 

No volunteers may be reenrolled for a 

period of service while a tentative 

decision not to refund is pending. If 

program operations are so extended, 

CNCS and the recipient shall provide, 

subject to the availability of funds, 

operating funds at the same levels as in 

the previous budget period to continue 

program operations. 

PART 1210—[REMOVED and 

RESERVED] 

■ 8. Remove and reserve Part 1210. 

PART 1211—[REMOVED and 

RESERVED] 

■ 9. Remove and reserve Part 1211. 

PART 1216—NONDISPLACEMENT OF 

EMPLOYED WORKERS AND 

NONIMPAIRMENT OF CONTRACTS 

FOR SERVICE 

■ 10. The authority citation for part 

1216 is revised to read as follows: 

Authority: 42 U.S.C. 5044(a). 

■ 11. Revise § 1216.1–1 to read as 

follows: 

§ 1216.1–1 Purpose. 

This part establishes rules to assure 

that the services of volunteers in the 

Foster Grandparent Program, the Senior 

Companion Program, and The Retired 

and Senior Volunteer Program (RSVP), 

are limited to activities which would 

not otherwise be performed by 

employed workers and which will not 

supplant the hiring of, or result in the 

displacement of employed workers or 

impair existing contracts for service. 

This part implements section 404(a) of 

the Domestic Volunteer Service Act of 

1973, Pub. L. 93–113 (the ‘‘Act’’). 

■ 12. In § 1216.1–2, revise paragraph (a) 

to read as follows: 

§ 1216.1–2 Applicability of this part. 

(a) All volunteers in either the Foster 

Grandparent Program, the Senior 

Companion Program, or The Retired and 

Senior Volunteer Program (RSVP), who 

are assigned, referred or serving 

pursuant to grants, contracts, or 

agreements made pursuant to the Act. 

* * * * * 

PART 1217—[REMOVED and 

RESERVED] 

■ 13. Remove and reserve Part 1217. 

PART 1218—[REMOVED and 

RESERVED] 

■ 14. Remove and reserve Part 1218. 

PART 1219—[REMOVED and 

RESERVED] 

■ 15. Remove and reserve Part 1219. 

PART 1220—PAYMENT OF 

VOLUNTEER LEGAL EXPENSES 

■ 16. The authority citation for part 

1220 is revised to read as follows: 

Authority: 42 U.S.C. 5059. 

■ 17. Revise § 1220.1–1 to read as 

follows: 

§ 1220.1–1 Purpose. 

This part implements section 419 of 

the Domestic Volunteer Service Act of 

1973, Public Law 93–113 (the ‘‘Act’’). 

This part provides rules to ensure that 

the Corporation for National and 

Community Service, which administers 

the three federal programs, the Foster 

Grandparent Program (FGP), the Senior 

Companion Program (SCP), and The 

Retired and Senior Volunteer Program 

(RSVP), pays the expenses incurred in 

judicial and administrative proceedings 

for the defense of those volunteers 

serving in those programs. Payment of 

such expenses by CNCS for those 

volunteers include payment of counsel 

fees, court costs, bail or other expenses 

incidental to the volunteer’s defense. 

■ 18. In § 1220.2–1, revise paragraph 

(a)(1) to read as follows: 

§ 1220.2–1 Full-time volunteers. 

(a)(1) The Corporation for National 

and Community Service will pay all 

reasonable expenses for defense of fulltime volunteers up to and including the 

arraignment of Federal, state, and local 

criminal proceedings, except in cases 

where it is clear that the charged offense 

results from conduct which is not 

related to his service as a volunteer. 

* * * * * 

■ 19. In § 1220.2–1, revise paragraph (c) 

to read as follows: 

§ 1220.2–1 Full-time volunteers. 

* * * * * 

(c) Notwithstanding the foregoing, 

there may be situations in which the 

criminal proceeding results from a 

situation which could give rise to a civil 

claim under the Federal Tort Claims 

Act. In such situations, the Justice 

Department may agree to defend the 

volunteer. In those cases, unless there is 

a conflict between the volunteer’s 

interest and that of the government, the 

Corporation for National and 

Community Service will not pay for 

additional private representation for the 

volunteer. 

* * * * * 

■ 20. In § 1220.2–2, revise paragraph (a) 

introductory text and paragraphs (a)(2) 

and (b) to read as follows: 

§ 1220.2–2 Part-time volunteers. 

(a) With respect to a part-time 

volunteer, the Corporation for National 

and Community Service will reimburse 

a sponsor for the reasonable expense it 

incurs for the defense of the volunteer 

in Federal, state and local criminal 

proceedings, including arraignment, 

only under the following circumstances: 

* * * * * 

(2) The volunteer receives, or is 

eligible to receive, compensation, 

including allowances, stipend, or 

reimbursement for out-of-pocket 

expenses, under a Corporation for 

National and Community Service grant 

project; and 

* * * * * 

(b) In certain circumstances 

volunteers who are ineligible for 

reimbursement of legal expenses by the 

Corporation for National and 

Community Service may be eligible for 

representation under the Criminal 

Justice Act (18 U.S.C. 3006A). 

■ 21. In § 1220.2–3, revise paragraphs 

(a), (b) and (d) to read as follows: 

§ 1220.2–3 Procedure. 

(a) Immediately upon the arrest of any 

volunteer under circumstances in which 

the payment or bail to prevent 

incarceration or other serious 

consequences to the volunteer or the 

retention of an attorney prior to 

arraignment is necessary and is covered 

under §§ 1220.2–1 or 1220.2–2, 

sponsors shall immediately notify the 

appropriate Corporation for National 

and Community Service state office or if 

the state office cannot be reached, the 

appropriate Area Manager. 

(b) Immediately after notification of 

the appropriate state office, and with the 

approval thereof, the sponsor shall 

advance up to $500 for the payment of 

bail or such other legal expenses as are 

necessary prior to arraignment to 

prevent the volunteer from being 

incarcerated. In the event it is 

subsequently determined that the 

Corporation for National and 

Community Service or a sponsor is not 

responsible under this policy for the 

volunteer’s defense, any such advance 

may be recovered directly from the 

volunteer or from allowances, stipends, 


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or out-of-pocket expenses which are 

payable or become payable to the 

volunteer. In the case of a grassroots 

sponsor of full-time volunteers that is 

not able to provide the $500, the 

Corporation for National and 

Community Service state office or Area 

Manager shall immediately make such 

sum available to the sponsor. 

* * * * * 

(d) The General Counsel shall, upon 

notification by the state office or Area 

Manager, determine the extent to which 

the Corporation for National and 

Community Service will provide funds 

for the volunteer’s defense or reimburse 

a sponsor for funds it spends on the 

volunteer’s behalf. Included in this 

responsibility shall be the negotiation of 

fees and approval of other costs and 

expenses. State offices and Area 

Managers are not authorized to commit 

the Corporation for National and 

Community Service to the payment of 

volunteers’ legal expenses or to 

reimburse a sponsor except as provided 

above, without the express consent of 

the General Counsel. Additionally, the 

General Counsel shall, in cases arising 

directly out of the performance of 

authorized project activities, ascertain 

whether the services of the United 

States Attorney can be made available to 

the volunteer. 

* * * * * 

■ 22. In § 1220.3–1, revise the 

introductory text and paragraph (a) as 

follows: 

§ 1220.3–1 Full-time volunteers. 

The Corporation for National and 

Community Service will pay reasonable 

expenses incurred in the defense of fulltime volunteers in Federal, state, and 

local civil judicial and administrative 

proceedings where: 

(a) The complaint or charge against 

the volunteer is directly related to his 

volunteer service and not to his 

personal activities or obligations. 

* * * * * 

■ 23. Revise § 1220.3–2 as follows: 

§ 1220.3–2 Part-time volunteers. 

The Corporation for National and 

Community Service will reimburse 

sponsors for the reasonable expenses 

incidental to the defense of part-time 

volunteers in Federal, state, and local 

civil judicial and administrative 

proceedings where: 

(a) The proceeding arises directly out 

of the volunteer’s performance of 

activities pursuant to the Act; 

(b) The volunteer receives or is 

eligible to receive compensation, 

including allowances, stipend, or 

reimbursement for out-of-pocket 

expenses under the Corporation for 

National and Community Service grant; 

and 

(c) The conditions specified in 

paragraphs (b) and (c) in § 1220.3–1 are 

met. 

■ 24. Revise § 1220.3–3 as follows: 

§ 1220.3–3 Procedure. 

Immediately upon the receipt by a 

volunteer of any court papers or 

administrative orders making a party to 

any proceeding covered under § 1220.3– 

1 or § 1220.3–2, the volunteer shall 

immediately notify his sponsor who in 

turn shall notify the appropriate 

Corporation for National and 

Community Service state office. The 

procedures referred to in § 1220.2–3, 

paragraphs (c) through (e), shall 

thereafter be followed as appropriate. 

PART 1222—[REMOVED and 

RESERVED] 

■ 25. Remove and reserve Part 1222. 

PART 1226—PROHIBITIONS ON 

ELECTORAL AND LOBBYING 

ACTIVITIES 

■ 26. The authority citation for part 

1226 is revised to read as follows: 

Authority: 42 U.S.C. 5043. 

■ 27. Revise § 1226.1 to read as follows: 

§ 1226.1 Purpose. 

This part implements sections 403(a) 

and (b) of the Domestic Volunteer 

Service Act of 1973, Public Law 93–113, 

as amended, hereinafter referred to as 

the Act, pertaining to the prohibited use 

of Federal funds or involvement by 

certain Corporation for National and 

Community Service programs and 

volunteers in electoral and lobbying 

activities. This part implements those 

provisions of the Act, as they apply to 

agency programs and volunteers 

authorized under title II of the Act. 

■ 28. Revise § 1226.2 to read as follows: 

§ 1226.2 Scope. 

This part applies to all volunteers 

serving in a program authorized by title 

II of the Act, including the Foster 

Grandparent Program, the Senior 

Companion Program, and The Retired 

and Senior Volunteer Program (RSVP). 

This part also applies to employees or 

sponsoring organizations, whose 

salaries, or other compensation, are 

paid, in whole or in part, with agency 

funds. 

■ 29. In § 1226.7, revise the introductory 

text and paragraph (a) to read as follows: 

§ 1226.7 Scope. 

The provisions in this subpart are 

applicable to full time volunteers as 

described in § 1226.3(c), and to such 

part-time volunteers as may be 

otherwise specified herein. Full time 

volunteers are deemed to be acting in 

their capacity as volunteers: 

(a) When they are actually engaged in 

their volunteer assignments; or 

* * * * * 

■ 30. Remove §§ 1226.10 and 1226.11 

and redesignate §§ 1226.12 and 1226.13 

as §§ 1226.10 and 1226.11, respectively. 

■ 31. Revise § 1226.10 as follows: 

§ 1226.10 Sponsor employees. 

Sponsor employees whose salaries or 

other compensation are paid, in whole 

or in part, with agency funds are subject 

to the restrictions described in 

§ 1226.8(a), (b), (c) and (d) and the 

exceptions in § 1226.9: 

(a) Whenever they are engaged in an 

activity which is supported by 

Corporation for National and 

Community Service funds; or 

(b) Whenever they identify 

themselves as acting in their capacity as 

an official of a project which receives 

Corporation for National and 

Community Service funds, or could 

reasonably be perceived by others as 

acting in such capacity. 

■ 32. Add 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 Part 2556? 

2556.5 What definitions apply in Part 

2556? 

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 CNCS 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? When may 

CNCS suspend a VISTA project? 

2556.140 What is termination? When may 

CNCS terminate a VISTA project? 

2556.145 May CNCS 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? 


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2556.150 What activities are VISTA 

members not permitted to perform as 

part of service? 

2556.155 May a sponsor manage a project 

through a subrecipient? 

2556.160 What are the sponsor’s 

requirements for cost share projects? 

2556.165 What Fair Labor Standards apply 

to sponsors and projects? 

2556.170 What nondiscrimination 

requirements apply to VISTA sponsors? 

2556.175 What limitations are VISTA 

sponsors subject to regarding religious 

activities? 

Subpart C—VISTA Members 

2556.200 Who may apply to 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? 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 the lines of supervision 

or oversight of a VISTA, a VISTA 

sponsor, and CNCS 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? 

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? 

What are the criteria for termination for 

cause? 

2556.405 Who has sole authority to remove 

a VISTA from a VISTA project? 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 CNCS 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 his or her 

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 serve as a 

leader? 

2556.610 What is the application process 

to apply to become a leader? 

2556.615 Who reviews a leader 

application? 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? 

2556.711 What political activities may a 

VISTA participate in? 

2556.712 May VISTAs participate in 

political organizations? 

2556.713 May VISTAs participate in 

political campaigns? 

2556.714 May VISTAs participate in 

elections? 

2556.715 May a VISTA be a candidate for 

public office? 

2556.716 May VISTAs participate in 

political fundraising activities? 

2556.717 Are VISTAs prohibited from 

soliciting or discouraging the political 

participation of certain individuals? 

2556.718 What restrictions and 

prohibitions are VISTAs subject to who 

campaign for a spouse or family 

member? 

2556.719 May VISTAs participate in lawful 

demonstrations? 

2556.720 May a sponsor approve the 

participation of a VISTA in a 

demonstration or other political 

meeting? 

2556.721 What disciplinary actions are 

VISTAs subject to for violating 

restrictions or prohibitions on political 

activities? 

2556.722 What are the requirements of 

VISTA sponsors regarding political 

activities? 

2556.723 What prohibitions and 

restrictions on political activity apply to 

employees of VISTA sponsors or 

projects? 

2556.724 What prohibitions on lobbying 

activities apply to VISTA sponsors and 

projects? 

Subpart A—General Information 

Authority: Secs. 101, 102, and 103, Pub. L. 

93–113, as amended; 5 CFR part 734. 

§ 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 Part 2556? 

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 Part 

2556? 

‘‘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 as a VISTA. 

‘‘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 CNCS, but who has been 

not been approved by CNCS to be a 

candidate. 

‘‘Application for VISTA service’’ 

means the materials prescribed by CNCS 


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to ascertain information on an 

individual’s eligibility and suitability 

for VISTA service. 

‘‘Area Manager’’ means a CNCS 

official who is head of a designated, 

regional set, or cluster of CNCS State 

Offices, or equivalent CNCS official. 

‘‘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 CNCS, 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 

CNCS 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. 

‘‘CNCS’’ 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. CNCS is also sometimes referred 

to as ‘‘the Corporation.’’ 

‘‘Education award’’ or ‘‘Segal 

AmeriCorps Education Award’’ means 

an end-of-service monetary benefit from 

CNCS’s 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 Oath to serve in 

the VISTA program is taken by the 

candidate and ends upon termination 

from a term of service in the VISTA 

program. The enrollment period may 

commence 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 CNCS 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 is to be nominated or elected 

as representing a political party any of 

whose 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. 

‘‘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 CNCS to operate, 

oversee, and be responsible for a VISTA 

project. 

‘‘Project application’’ or ‘‘VISTA 

project application’’ means the 

application materials prescribed by 

CNCS to ascertain information on 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 the management of the 

VISTA project. 

‘‘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. 

‘‘State Program Director’’ means a 

CNCS official who reports to an Area 

Manager or equivalent CNCS official, 

and who is the head of a CNCS State 

Office. 

‘‘Stipend’’ or ‘‘end-of-service stipend’’ 

means an end-of-service lump-sum 

monetary benefit from CNCS 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 I of this 

Part. A summer associate must be 

available to provide continuous fulltime service, without other 

commitments, 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 the 

day-to-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 member’’, ‘‘a VISTA’’ or ‘‘the 

VISTA’’ means an individual enrolled 

full-time for VISTA service 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 


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member while enrolled in the VISTA 

program. 

§ 2556.7 Are waivers of the regulations in 

this Part allowed? 

Upon a determination of good cause, 

the Chief Executive Officer of CNCS 

may, subject to statutory limitations, 

waive any provisions of Part 2556. 

Subpart B—VISTA Sponsors 

Authority: Secs. 103(a), 103(f), 104(b), 

104(e), 105(b), 106, 403(a), 403(b), 403(c), 

404(a), 404(b), 404(c), 404(e), 406, 412, 416, 

and 417, Pub. L. 93–113, as amended; Sec. 

192A(g)(10), Pub. L. 101–610, as amended; 

Presidential Executive Order 13279 (67 FR 

77141, Dec. 16, 2002). 

§ 2556.100 Which entities are eligible to 

apply to become VISTA sponsors? 

The following 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 organization. 

(b) Public nonprofit organization. 

(c) State government or state 

government agency. 

(d) Local government or local 

government agency. 

(e) Tribal government or tribal 

government agency. 

§ 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 the 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 section 2556.105(a) shall be 

subject to the procedures in sections 

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 CNCS 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 

CNCS 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 

CNCS. 

(e) A sponsor may receive training 

and technical assistance related to 

carrying out 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, work space, 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 shall participate in planning, 

developing, and implementing 

programs. 

(b) The sponsor shall 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 CNCS deny or reduce 

VISTA assistance to an existing VISTA 

project? 

(a) CNCS may deny or reduce VISTA 

assistance where a denial or reduction 

is based on: 

(1) Legislative requirement; 

(2) Availability of funding; 

(3) Material failure to comply with 

applicable term(s) or condition(s) of the 

DVSA, the regulations in this Part, 

VISTA program policy, or an applicable 

Memorandum of Agreement; 

(4) Ineffective management of CNCS 

resources; 

(5) Substantial failure to comply with 

CNCS policy and overall objectives 

under a contract, or applicable 

Memorandum of Agreement or grant 

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, CNCS shall not be 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) CNCS shall notify the sponsor in 

writing, at least 75 calendar days before 

the anticipated denial or reduction of 

VISTA assistance,that CNCS proposes to 

deny or reduce VISTA assistance. 

CNCS’s written notice shall state the 

reasons for the decision to deny or 

reduce assistance and shall provide an 

opportunity period for the sponsor to 

respond to the merits of the proposed 

decision. CNCS retains sole authority to 

make the final determination whether 

the VISTA assistance at issue shall be 

denied or reduced, as appropriate. 

(b) Where CNCS’s notice of proposed 

decision is based upon a specific charge 

of 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, the notice shall 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 

shall be limited to conducting the 

hearing and offering recommendations 

to CNCS. Regardless of whether or not 

an informal hearing takes place, CNCS 

shall retain full authority to make the 

final determination whether the VISTA 

assistance is denied or reduced, as 

appropriate. 

(c) If the recipient requests an 

informal hearing, as set forth above in 

accordance with paragraph (b) of this 

section, such hearing shall be held at a 

date specified by CNCS and held at a 

location convenient to the sponsor. 

(d) If CNCS’s proposed decision is 

based, in whole or in part, on a specific 

charge(s) of a sponsor’s material failure 

to comply with an applicable term(s) or 

condition(s) of an applicable 


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Memorandum of Agreement, CNCS 

shall 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. The notice shall provide 

specific instructions regarding the 

sponsor’s opportunity to respond in 

writing to the notice and to request an 

informal hearing before a mutually 

agreed-upon impartial hearing officer. 

Regardless of whether or not such an 

informal hearing takes place, CNCS 

shall retain full authority to make the 

final determination whether the VISTA 

assistance at issue shall be denied or 

reduced, as appropriate. 

(e) The recipient shall be informed of 

CNCS’s final determination on whether 

the VISTA assistance at issue shall be 

denied or reduced, and the basis for the 

determination. 

§ 2556.135 What is suspension? When 

may CNCS suspend a VISTA project? 

(a) Suspension is any action by CNCS 

temporarily suspending or curtailing 

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, CNCS 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 shall be pursuant to 

notice and opportunity to show cause 

why assistance should not be 

suspended. 

(c) To initiate suspension 

proceedings, CNCS shall notify the 

sponsor in writing that CNCS is 

suspending assistance in whole or in 

part. The written notice shall contain 

the following: 

(1) The grounds for the suspension 

and the effective date of the 

commencement 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 CNCS’s notice of 

suspension. 

(d) In deciding whether to continue or 

lift the suspension, as appropriate, 

CNCS shall 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, shall be made by the 

sponsor’s VISTA project at issue and no 

new obligations shall be incurred in 

connection with the VISTA project at 

issue except as specifically authorized 

in writing by CNCS. 

(f) CNCS may, in 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? When 

may CNCS terminate a VISTA project? 

(a) Termination means any action by 

CNCS permanently terminating or 

curtailing assistance to all or any part of 

a sponsor’s VISTA project prior to the 

time that the project term is concluded. 

(b) CNCS 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, CNCS shall notify the 

sponsor in writing that CNCS is 

proposing to terminate assistance in 

whole or in part. The written notice 

shall 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 of issuance 

of the notice, to respond in writing to 

the merits of the proposed termination 

and instructions regarding the sponsor’s 

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 

CNCS’s notice of proposed termination. 

(d) In deciding whether to effect 

termination of VISTA assistance, CNCS 

shall consider any relevant, timely 

material presented in writing; any 

relevant material presented during the 

course of any full and fair hearing; as 

well as, 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, CNCS shall 

retain all authority to make the final 

determination as to whether the 

termination of VISTA assistance is 

appropriate. 

(f) The sponsor shall be informed of 

CNCS’s final determination on the 

proposed termination of VISTA 

assistance, and the basis or bases for the 

determination. 

(g) CNCS may, in 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 CNCS 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 shall not preclude CNCS 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 

2556.150(b)–(d) of this section do not 

apply when the sponsor requires the 

service in order to avoid or relieve 

suffering threatened by, or resulting 


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from, a disaster, civil disturbance, 

terrorism, or war. 

(f) A sponsor or project shall 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. 

(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 CNCS regarding the 

VISTA program. 

(d) A sponsor shall not request or 

receive any compensation from a 

subrecipient for services performed by a 

VISTA. 

(e) A sponsor shall 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 shall enter into a 

written agreement for cost share as 

prescribed by CNCS. 

(b) A sponsor shall make timely cost 

share payments as prescribed by CNCS 

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 

CNCS, CNCS may enter into an 

agreement with another entity to receive 

and utilize funds to make cost share 

payments on behalf of the sponsor. 

§ 2556.165 What Fair Labor Standards 

apply to VISTA sponsors and projects? 

All sponsors and projects that employ 

laborers and mechanics for 

construction, alteration, or repair of 

facilities shall 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? 

(a) An individual with responsibility 

for the operation of a project that 

receives CNCS assistance must not 

discriminate against a participant in, or 

member of the staff of, such project on 

the basis of race, color, national origin, 

sex, age, or political affiliation of such 

participant or staff member, or on the 

basis of disability, if the participant or 

staff member is a qualified individual 

with a disability. 

(b) Any CNCS 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 CNCS 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 CNCS funds. This 

provision does not apply to the 

employment (with CNCS assistance) of 

any staff member of a CNCS-supported 

project who was employed with the 

organization operating the project on the 

date the CNCS 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, shall 

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, shall 

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 shall not give religious 

instruction, conduct worship services or 

engage in any form of proselytizing as 

part of his or her duties. 

(b) A sponsor or project 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 CNCS 

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 project 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. 

Subpart C—VISTA Members 

Authority: Secs. 103(b)(3), 103(f), 104(a), 

104(b), 104(c), and 404(e), Pub. L. 93–113, as 

amended. 

§ 2556.200 Who may apply to serve as a 

VISTA? 

An individual may apply to serve as 

a VISTA if all the following 

requirements are met: 

(a) The individual is at least eighteen 

years of age upon taking an oath or 

affirmation, as appropriate, to enter 

VISTA service. There is no upper age 

limit. 

(b) The individual is a United States 

citizen or national, or is legally residing 

within a state. For eligibility purposes, 

a lawful permanent resident alien is 

considered to be an individual who 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 

regular working hours, at all times 

during his or her period of service, 

except for authorized periods of leave. 


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(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 

his or her 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? 

CNCS has the final authority to 

approve or deny VISTA applications for 

VISTA service. 

Subpart D—Terms, Protections, and 

Benefits of VISTA Members 

Authority: Secs. 104(a), 104(b), 104(d), 105, 

404(e), 415, and 419 of Pub. L. 93–113, as 

amended; Sec. 146(c) of Pub. L. 101–610, as 

amended. 

§ 2556.300 Is a VISTA considered a federal 

employee? 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 project to which he or 

she is assigned to serve. No VISTA is in 

an employment relationship with the 

sponsor or project to which he or she is 

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 section 

2556.1 of this Part. 

(c) To the maximum extent 

practicable, the VISTA shall live among 

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

project, and actively seek opportunities 

to engage with that low-income 

community without regard to regular 

work hours. 

(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 the lines of 

supervision or oversight of a VISTA, a 

VISTA sponsor and CNCS 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) CNCS is responsible for ongoing 

monitoring and oversight of the VISTA 

sponsor’s project where the VISTA is 

assigned. CNCS 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) CNCS may provide official travel 

for a VISTA candidate or a VISTA, as 

appropriate, to attend CNCS-directed 

activities, such as pre-service training, 

placement at the project site, in-service 

training events, and return from the 

project site to home of record. 

(b) CNCS must approve all official 

travel of a VISTA candidate or a VISTA, 

including the mode of travel. 

(c) CNCS 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 CNCS, a VISTA may receive payment 

for settling-in expenses, as determined 

by CNCS. 

(c) Subject to a maximum amount, 

and at the discretion of CNCS, 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 CNCS. 

(d) Subject to a maximum amount, 

and at the discretion of CNCS, a VISTA 

may receive a baggage allowance for the 

actual costs of transporting personal 

effects to the project site to which the 

VISTA is assigned to serve, as 

determined by CNCS. 

(e) To the extent eligible, a VISTA 

may receive health care through a health 

benefits program provided by CNCS. 

(f) To the extent eligible, a VISTA may 

receive child care support through a 

child care program provided by CNCS. 

(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 

CNCS, in accordance with the 

applicable provisions of 45 CFR parts 

2526, 2527, and 2528. 

(1) A VISTA is eligible to elect to 

receive a Segal AmeriCorps Education 

Award if he or she is a citizen, national, 

or lawful permanent resident alien of 

the United States. 

(2) A VISTA who elects a Segal 

AmeriCorps Education Award is eligible 

to request forbearance of a student loan 

from his or her loan-holder. A VISTA 

who elects a Segal AmeriCorps 

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 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 Segal 

AmeriCorps Education Awards in his or 

her lifetime. 

(4) Other than for a summer associate, 

the amount of a Segal AmeriCorps 

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 

CNCS. 

(i) In the event that a VISTA does not 

successfully complete a full term of 

service, a VISTA shall not receive a prorated Segal AmeriCorps Education 

Award or a pro-rated end-of-service 

stipend, except in cases where the 

appropriate State Program Director 

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 unreasonably 

difficult or infeasible. 

(j) In the event of a VISTA’s death 

during service, his or her family or 

others that he or she named as 

beneficiary in accordance with section 

5582 of title 5, United States Code, shall 

be paid a pro-rated 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, prior to payment to the named 

beneficiary, CNCS shall convert that 

election to an end-of-service stipend 

and pay the VISTA’s family, or others 

that he or she 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 below in sections 2556.330 

through 2556.335, CNCS 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, CNCS may pay 

actual and reasonable legal expenses. 

CNCS is not required to pay any 

expenses for the legal defense of a 

VISTA member where he or she is 

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: 

(1) When the activity or action is 

alleged to have occurred prior to the 

VISTA member’s VISTA service. 

(2) When the VISTA member is not at 

his or her assigned project location, 

such as during periods of approved 

leave, medical leave, emergency leave, 

or in administrative hold status in the 

VISTA program. 

(3) When the activity or action is 

alleged to have occurred at or near his 

or her 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, CNCS may also pay actual and 

reasonable legal expenses: 

(1) When the charged offense against 

the VISTA member relates exclusively 

to his or her VISTA assignment or status 

as a VISTA member; 

(2) When the charge 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) When the VISTA member has not 

admitted a willful or knowing violation 

of law; or 

(4) When the charged offense against 

the VISTA member is not a minor 

offense or misdemeanor, such as a 

minor vehicle violation. 

(d) Notwithstanding the above 

paragraphs (a)–(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, 

CNCS 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, CNCS may also pay actual and 

reasonable legal expenses, where: 

(a) The complaint or charge is against 

the VISTA, and is directly related to his 

or her VISTA service and not to his or 

her 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 attained by an individual such 

that the individual 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, retains noncompetitive eligibility status for one 

year following the end of the term of 

service as a VISTA. 

(c) In addition to the retention of the 

one year of non-competitive eligibility 

status as provided in (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 

part (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 


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currently enrolled as a VISTA in the 

VISTA program or who was enrolled as 

a VISTA in the VISTA program within 

the past 30 calendar days. 

(b) A VISTA’s grievance shall not be 

construed as reflecting on the VISTA’s 

standing, performance, or desirability as 

a VISTA. 

(c) A VISTA who presents a grievance 

shall 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, such 

that the violation results 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 above in 

section (a) 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) Those 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) Those 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) Those matters related to any law, 

published rule, regulation, policy, or 

procedure. 

(4) Those matters related to housing 

during a VISTA member’s service. 

(5) Those matters which are, by law, 

subject to final administrative review 

outside CNCS. 

(6) Those matters related to actions 

taken, or not taken, by a VISTA sponsor 

or project, or CNCS, in compliance with 

or in order to fulfill the terms of a 

contract, grant, or other agreement 

related to the VISTA program. 

(7) Those matters related to the 

internal management of CNCS, unless 

such matters are shown to specifically 

and directly affect the VISTA’s service 

situation or terms or conditions of his or 

her 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 his or her official VISTA file 

and any relevant CNCS 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) 

While currently enrolled in the VISTA 

program, or enrolled in the VISTA 

program within the past 30 calendar 

days, a VISTA may bring a grievance to 

the sponsor or project where he or she 

is assigned to serve within 15 calendar 

days that the event giving rise to the 

grievance occurs, or within 15 calendar 

days after becoming aware of the event. 

If the grievance arises out of a 

continuing condition or practice that 

individually affects a VISTA, while 

enrolled the VISTA may bring it at any 

time while he or she is affected by a 

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 shall 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 to grant the relief requested on 

either of those grounds. 

(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 

above in paragraphs (a)(1)–(a)(3) of this 

section, and present the grievance in 

writing directly to the State Program 

Director, as described below in (b) of 

this section. 

(b) Bringing a grievance—Step 2:—(1) 

If, after a VISTA brings a grievance as 

set forth above in paragraphs (a)(1) and 

(a)(2) of this section, the matter is not 

resolved, he or she may submit the 

grievance in writing to the appropriate 

State Program Director. The VISTA must 

submit the grievance to the State 

Program Director either: 

(i) Within seven calendar days of 

receipt of the response of the sponsor; 

or, 

(ii) In the event the sponsor has not 

issued a response to the VISTA within 

10 calendar days of receipt of the 

written grievance, within 17 calendar 

days. 

(2) If the grievance involves a matter 

over which either the sponsor or project 

has no substantial control or if the 

sponsor’s representative is the 

supervisor of the VISTA, as described 

above in paragraph (a)(4) of this section, 

the VISTA may pass over the procedure 

set forth in above in paragraphs (a)(1)– 

(a)(3) of this section, and submit the 

grievance in writing directly to the State 

Program Director. In such a case, the 

VISTA must submit the grievance to the 

State Program Director 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 State Program 

Director shall 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 

State Program Director 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 State Program 

Director makes any such determination, 

he or she may dismiss the complaint, 

setting forth the reason(s) for the 

dismissal. In such a case, the State 

Program Director 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) The VISTA may appeal in writing 

to the appropriate Area Manager the 

response of the State Program Director 

to the grievance, as set forth in 

§ 2556.360(b)(3). To be eligible to appeal 

a grievance response to the Area 

Manager, the VISTA must have 


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exhausted all appropriate actions as set 

forth in § 2556.360. 

(b) A VISTA’s grievance appeal must 

be in writing and contain sufficient 

detail to identify the subject matter of 

the grievance, specify the relief 

requested, and be signed by the VISTA. 

(c) The VISTA must submit a 

grievance appeal to the appropriate Area 

Manager no later than 10 calendar days 

after the State Program Director issues 

his or her response to the grievance. 

(d) Certain matters contained in a 

grievance appeal may be rejected, rather 

than denied on the merits, by the Area 

Manager. 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 Area 

Manager within the time limit specified 

above in (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 Area 

Manager shall decide the grievance 

appeal on the merits, or reject the 

grievance appeal in whole or in part, or 

both, as appropriate. The Area Manager 

shall notify the VISTA in writing of the 

decision and specify the grounds for the 

appeal decision. The appeal decision 

shall include a statement of the basis for 

the decision and is a final decision of 

CNCS. 

Subpart E—Termination for Cause 

Procedures 

Authority: Secs. 103(b), 103(c), 103(f), and 

404(e), Pub. L. 93–113, as amended. 

§ 2556.400 What is termination for cause? 

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) CNCS may terminate for cause a 

VISTA 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 CNCS 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 

his or her 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? Who 

has sole authority to terminate a VISTA 

from the VISTA program? 

(a) CNCS has the sole authority to 

remove a VISTA from a project where 

he or she has been assigned. 

(b) CNCS 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 his or her designee, may 

request that CNCS remove a VISTA 

assigned to its project. Any such request 

must be submitted in writing to the 

appropriate State Program Director and 

should state the reasons for the request. 

(b) The State Program Director may, at 

his or her discretion, attempt to resolve 

the situation with the sponsor so that an 

alternative solution other than removal 

of the VISTA from the project 

assignment is reached. 

(c) When an alternative solution, as 

referenced above in 2556.410(b) of this 

section is not sought, or is not reached 

within a reasonable time period, the 

State Program Director shall remove the 

VISTA from the project. 

§ 2556.415 May CNCS remove a VISTA 

from a project without the sponsor’s 

request for removal? 

Of its own accord, CNCS 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 

are initiated by the State Program 

Director when CNCS removes a VISTA 

from a project assignment due to an 

alleged deficiency, or alleged 

deficiencies, in conduct or performance. 

(b) The State Program Director or 

other CNCS State Office staff, to the 

extent practicable, communicates the 

matter with the VISTA who is removed 

from a VISTA project and the 

administrative procedures as set forth 

below in §§ 2556.420(c) through (e) are 

followed. 

(c) The State Program Director shall 

notify VISTA in writing of CNCS’s 

proposal to terminate for cause. The 

written proposal to terminate him or her 

for cause must give the VISTA the 

reason(s) for the proposed termination, 

and notify him or her that he or she has 

10 calendar days within which to 

answer in writing the proposal to 

terminate him or her for cause, and to 

furnish any accompanying statements or 

written material. The VISTA must 

submit any answer to the appropriate 

State Program Director identified in the 

written proposal to terminate for cause 

within the deadline specified in the 

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, the appropriate State Program 

Director shall issue a written decision 

regarding the proposal to terminate for 

cause. 

(1) If the decision is to terminate the 

VISTA for cause, the decision shall 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 the decision is not to terminate 

the VISTA for cause, the decision shall 

indicate that the proposal to terminate 

for cause is rescinded. 

(e) A VISTA who does not submit a 

timely answer to the appropriate State 

Program Director, 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, CNCS 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 his or her 

termination for cause? 

(a) Within 10 calendar days of the 

appropriate State Program Director’s 

issuance of the decision to terminate the 

VISTA for cause, as set forth above in 

§ 2556.420(d), the VISTA may appeal 

the decision to the appropriate Area 

Manager. The appeal must be in writing 

and specify the reasons for the VISTA’s 

disagreement with the decision. 


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(b) CNCS shall not incur any expenses 

or travel allowances for the VISTA in 

connection with the preparation or 

presentation of the appeal. 

(c) The VISTA may have access to 

records as follows: 

(1) The VISTA may review any 

material in the VISTA’s official CNCS 

file and any relevant CNCS 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 Area 

Manager or equivalent CNCS official 

shall issue a written appeal 

determination. The appeal 

determination shall indicate the reasons 

for such an appeal determination. The 

appeal determination shall 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 him or her 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 

Authority: Secs. 104(d) and 104(e), Pub. L. 

93–113, as amended. 

§ 2556.500 How is a position for a summer 

associate established in a project? 

(a) From time-to-time, the State 

Program Director invites sponsors 

within the state to apply for one or more 

positions for individuals to serve as 

summer associates at the sponsor’s 

VISTA project. 

(b) Subject to VISTA assistance 

availability, CNCS approves the 

establishment of summer associate 

positions based on the following factors: 

(1) The need in the community, as 

demonstrated by the sponsor, for the 

performance of project activities by a 

summer associate(s); 

(2) The content and quality of summer 

associate project plans; 

(3) The capacity of the sponsor to 

implement the summer associate project 

activities; and 

(4) 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 CNCS; 

(2) Child care support through a child 

care program provided by CNCS; 

(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 baggage allowance for the costs 

of transporting personal effects to or 

from the project site to which the 

summer associate is assigned to serve. 

(c) CNCS 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 above in sections 

2556.345 through 2556.365. 

Subpart G—VISTA Leaders 

Authority: Sec. 104(b), Pub. L. 93–113, as 

amended. 

§ 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, CNCS 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 CNCS 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 he or she has 

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 

CNCS to become a leader. The sponsor’s 

recommendation and related materials, 

described below in 2556.610 (b) of this 

section, must be included with the 

individual’s application to become a 

leader. 

(b) Sponsor Recommendation: A 

sponsor where an individual is seeking 

to serve as a leader must recommend in 

writing to CNCS the individual to 


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become a leader. Included with the 

recommendation must be an evaluation 

of the individual’s performance while in 

previous service, a description of 

specific tasks, responsibilities, 

qualifications, and other relevant 

information that justifies the placement 

of the individual in a leader position, 

and if appropriate, the establishment of 

a leader position. 

(c) Selection: CNCS shall have sole 

authority to select a leader. The criteria 

for selection shall include consideration 

of the individual’s application and the 

sponsor’s recommendation described in 

§ 2556.610(b). 

§ 2556.615 Who reviews a leader 

application? Who approves or disapproves 

a leader application? 

CNCS 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? 

The application process to apply to 

become a leader, as described in 

§ 2556.610, is separate and distinct from 

the application process to apply to 

enroll as a VISTA in the VISTA 

program; 

(a) 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. 

(b) A leader is subject to all the terms 

and conditions of service described in 

§ 2556.625 of this subpart. 

§ 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 shall live among 

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

project and actively seek opportunities 

to engage with that low-income 

community. 

(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 CNCS State Office. 

Subpart H—Restrictions and 

Prohibitions on Political Activities and 

Lobbying 

Authority Secs. 104(a), 403, and 415(b), 

Pub. L. 93–113, as amended. 

§ 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 projects, 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 projects 

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 his or her 

official authority or influence to 

interfere with or affect the result of an 

election. 

(b) A VISTA may not use his or her 

official authority or influence to coerce 

any individual to participate in political 

activity. 

(c) A VISTA may not use his or her 

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 he or she is on duty; 

(2) While he or she is wearing an 

article of clothing, logo, insignia, or 

other similar item that identifies CNCS, 

the VISTA program, or one of CNCS’s 

other national service programs; 

(3) While he or she is 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 project, or while 

using a privately-owned vehicle in the 

discharge of VISTA duties. 

§ 2556.711 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 his or her opinion 

privately and publicly on political 

subjects; 

(2) Be politically active in connection 

with a question which 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, or professional organization, or of 

a similar organization; and 

(4) Participate fully in public affairs, 

except as prohibited by other Federal 

law, in a manner which does not 

compromise his or her efficiency or 

integrity as a VISTA, or compromise the 

neutrality, efficiency, or integrity of 

CNCS or the VISTA program. 

(b) A VISTA may participate in 

political activities set forth above in 

paragraph (a) as long as such 

participation: 

(1) Does not interfere with the 

performance of, or availability to 

perform, his or her assigned VISTA 

project duties; 

(2) Does not interfere with his or her 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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. 


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§ 2556.712 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: 

(1) Does not interfere with the 

performance of, or availability to 

perform, his or her assigned VISTA 

project duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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. 

§ 2556.713 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 above 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 above 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, his or her assigned VISTA 

project duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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. 

§ 2556.714 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 above 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, his or her assigned VISTA 

project duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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. 

§ 2556.715 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, his or her assigned VISTA 

project duties; 

(2) Does not interference with the 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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. 

§ 2556.716 May VISTAs participate in 

political fundraising activities? 

(a) Provided that paragraphs (b)–(d) 

below 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 


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(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, his or her assigned VISTA 

project duties; 

(2) Does not interfere with the 

provision of service in the VISTA 

program; 

(3) Is not conducted in a manner 

involving the 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 his or her perceived or 

actual affiliation with the VISTA 

program, or his or her 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 

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. 

§ 2556.717 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 CNCS or the VISTA program. 

(b) A VISTA may not knowingly 

solicit or discourage the participation of 

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 CNCS or the VISTA program. 

§ 2556.718 What restrictions and 

prohibitions are VISTAs subject to who 

campaign for a spouse or family member? 

A VISTA who is the spouse or family 

member of either 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 § 2556.713. 

§ 2556.719 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. 

§ 2556.720 May a sponsor approve the 

participation of a VISTA in a demonstration 

or other political meeting? 

(a) No VISTA sponsor shall approve a 

VISTA to be involved in planning, 

initiating, participating in, or otherwise 

aiding or assisting in any demonstration 

or other political meeting. 

(b) Any VISTA sponsor which, 

subsequent to the receipt of any CNCS 

financial assistance, including the 

assignment of VISTAs, approves the 

participation of a VISTA in a 

demonstration or other political 

meeting, shall be subject to procedures 

related to the suspension or termination 

of such assistance, as provided in 

Subpart B, §§ 2556.135 to 2556.140. 

§ 2556.721 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. 

§ 2556.722 What are the requirements of 

VISTA sponsors regarding political 

activities? 

(a) All sponsors 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 CNCS State 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 project, sponsor or project’s covered 

employees, agents, or VISTAs, may be 

deemed to be a material failure to 

comply with terms or conditions of the 

VISTA program. In such a case, the 

sponsor shall be 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. 

§ 2556.723 What prohibitions and 

restrictions on political activity apply to 

employees of VISTA sponsors or projects? 

(a) All employees of VISTA sponsors 

and projects, 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: 

(1) Whenever they are engaged in an 

activity that is supported by CNCS or 

VISTA funds or assistance; and 

(2) Whenever they identify 

themselves as acting in their capacity as 

an official of a VISTA project that 

receives CNCS or VISTA funds or 

assistance, or could reasonably be 

perceived by others as acting in such a 

capacity. 

§ 2556.724 What prohibitions on lobbying 

activities apply to VISTA sponsors? 

(a) No VISTA sponsor shall 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 shall use any 

CNCS 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. 

Dated: April 24, 2015. 

Paul Monteiro, 

Director, AmeriCorps VISTA. 

[FR Doc. 2015–09998 Filed 5–4–15; 8:45 am] 

BILLING CODE 6050–28–P 


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