CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 

45 CFR Chs. XII, XXV 

Executive Order 12866 "Regulatory Planning and Review" 

AGENCY: Corporation for National and Community Service. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda announces the regulations that the Corporation for National and Community 

Service (CNCS) will have under development, revision, or review during the next year. The purpose of 

publishing this agenda is to give notice of regulatory activity being undertaken by CNCS in order to 

provide the public an opportunity to participate in the rulemaking process. 

FOR FURTHER INFORMATION CONTACT: The public is encouraged to contact the agency official 

listed for each particular agenda item. For other information concerning Corporation regulations or this 

semiannual agenda, contact Valerie Green, General Counsel, Corporation for National and Community 

Service, 1201 New York Avenue NW., Washington, DC 20525, (202) 606-6677. 

SUPPLEMENTARY INFORMATION: In accordance with Executive Order 12866 "Regulatory Planning 

and Review" and the Regulatory Flexibility Act (5 U.S.C. 601), executive agencies are required to publish 

in the Federal Register semiannual regulatory agendas in April and October of each year. 

 CNCS has determined that the regulations under consideration will not have a significant economic 

impact on a substantial number of small entities. 
Dated: October 19, 2012. 

NAME: Valerie Green,

General Counsel. 
The 5 Regulatory Agendas

Corporation for National and Community Service - Long-term Action

Title

Regulation 

Identifier 

Number

Discrimination Complaint Procedures for Participants and Other Beneficiaries 3045-AA24

Volunteers in Service to America 3045-AA58

Freedom of Information Act Regulation Amendment 3045-AA59

Protection of Human Subjects 3045-AA60

Corporation for National and Community Service - Completed Action

Title

Regulation 

Identifier 

Number

Criminal History Checks: AmeriCorps State/National, Senior Companions, Foster Grandparents, and Retired Senior

Volunteer Program 3045-AA56

Corporation for National and Community Service ( CNCS ) RIN: 3045-AA24

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Title: Discrimination Complaint Procedures for Participants and Other Beneficiaries

Abstract: This regulation will identify the procedures used for processing complaints of discrimination based on race, color,

national origin, sex, age, disability, religion, political affiliation, and other non-merit factors filed with the CNCS by participants

and other beneficiaries under the agency's federally assisted or conducted programs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1681 to 1687; 29 USC 794; 42 USC 2000 (d); 42 USC 5057; 42 USC 6101 et seq; 42 USC 12635

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Wilsie Y. Minor 

Deputy General Counsel

Corporation for National and Community Service

1201 New York Avenue NW. , Room 10611, Washington, DC 20525

Washington , DC 20525 

Phone: 202 606-6673 

TDD Phone: 202 606-3472
FAX: 202 606-3467

E-Mail: wminor@cns.gov

Corporation for National and Community Service ( CNCS ) RIN: 3045-AA58

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Title: Volunteers in Service to America

Abstract: The Corporation for National and Community Service (CNCS) is revising regulations governing its AmeriCorps VISTA

(VISTA) program authorized under the Domestic Volunteer Service Act of 1973, as amended, 42 USC section 4950 et seq. This

proposed rule will provide additional information regarding policies and practices related to the operations, terms, conditions,

and benefits of the VISTA program. The proposed rule contains updates as a result of changes in law and agency

administration. For example, CNCS will remove all references to its predecessor agency – ACTION – and redesignate the

regulations currently in 45 CFR chapter 12 to 45 chapter 25, where CNCS' AmeriCorps and other program regulations are

published. Also, CNCS will update the regulations regarding prohibitions on electoral and lobbying activities, including Hatch Act

restrictions on VISTA members and sponsors.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 45 CFR 1206 (Revision); 45 CFR 1210 to 1211 (Revision); 45 CFR 1216 to 1220 (Revision); 45 CFR 1222

(Revision); 45 CFR 1225 to 1226 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4950; 42 USC 12501

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Andrea S. Grill 

Associate General Counsel

Corporation for National and Community Service

1201 New York Avenue NW., Room 10605, Washington, DC 20525

Washington , DC 20525 

Phone: 202 606-6674 

TDD Phone: 202 606-3472

FAX: 202 606-3467

E-Mail: agrill@cns.gov

Corporation for National and Community Service ( CNCS ) RIN: 3045-AA59

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Title: Freedom of Information Act Regulation Amendment

Abstract: The Corporation for National and Community Service plans to amend its Freedom of Information Act regulations

found at 45 CFR part 2507 by shortening the time to file an appeal, and increasing the financial rates for searching and

reviewing records that have been requested.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 45 CFR 2507.7; 45 CFR 2507.8 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Greenhaugh Corporation for National and Community Service

1201 New York Avenue NW., Room 10606, Washington, DC 20525

Washington , DC 20525 

Phone: 202 606-6872 

TDD Phone: 202 606-3472

FAX: 202 606-3467

E-Mail: jgreenhaugh@cns.gov

Corporation for National and Community Service ( CNCS ) RIN: 3045-AA60

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Title: Protection of Human Subjects

Abstract: CNCS proposes to adopt the "Common Rule" published in 1991 which establishes the government-wide policy

regarding the protections of human subjects of research conducted or sponsored by Federal agencies. Recent changes to the

CNCS's authorities have placed an increased emphasis on rigorous evaluations of the effectiveness of CNCS-funded programs.

Those evaluations will assess the impact of CNCS programs on improving the lives of individuals served, and may involve

research which falls within the scope of the Federal Policy for the Protection of Human Subjects. CNCS anticipates adopting

subpart A of the Common Rule in identical fashion to the Common Rule adopted by other Federal agencies.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 300 v-1(b); 42 USC 12501

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No
Federalism: No

Energy Affected: No

Agency Contact: Doug Hilton 

Associate General Counsel

Corporation for National and Community Service

1201 New York Avenue NW., Room 10601, Washington, DC 20525

Washington , DC 20525 

Phone: 202 606-6892 

TDD Phone: 202 606-3472

FAX: 202 606-3467

E-Mail: dhilton@cns.gov

Corporation for National and Community Service ( CNCS ) RIN: 3045-AA56

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Title: Criminal History Checks: AmeriCorps State/National, Senior Companions, Foster Grandparents, and Retired Senior

Volunteer Program

Abstract: This rule amends the current criminal history check procedures for grantees by requiring them to conduct a

"heightened check" on individuals who are hired by, or enrolled in, a program on or after April 21, 2011, and who have recurring

access to vulnerable populations. This heightened check includes (1) a National Sex Offender Public Website (NSOPW) check;

(2) a state repository check; and (3) an FBI fingerprint check.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 45 CFR 2540.200-207; 45 CFR 2551.26-32; 45 CFR 2552.26-32; 45 CFR 2553.25 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12645(g)

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/06/2011 76 FR 39361 

NPRM Comment Period End 08/05/2011 

Final Rule 10/05/2012 77 FR 60922 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions;

Organizations Federalism: No

Energy Affected: No

Agency Contact: Thomas L. Bryant 

Associate General Counsel

Corporation for National and Community Service

1201 New York Avenue NW., Room 10617, Washington, DC 20525

Washington , DC 20525 

Phone: 202 606-6678 

TDD Phone: 202 606-3472

FAX: 202 606-3467

E-Mail: tbryant@cns.gov