(6) Soliciting, collecting, receiving, disbursing or otherwise handling contributions made for political purposes.

(7) Selling or soliciting pledges for dinner tickets or other activities of political organizations or candidates, or for their benefit.

(8) Distributing campaign literature, badges, buttons, bumperstickers or posters.

(9) Publishing or being editorially connected with a newspaper or other publication generally known as partisan from a political standpoint.

(10) Writing for publication or publishing any letter or article, signed or unsigned, soliciting votes in favor of or in opposition to any political party, candidate or faction.

(11) Soliciting votes, helping get out the vote, acting as a checker, watcher or challenger for any party or faction, transporting voters to or from the polls, or transporting candidates on canvassing or speaking tours.

(12) Participation in or organizing a political parade.

(13) Initiating nominating petitions or acting as a canvasser or witness on such petitions.

(14) Being a candidate for nomination or election to a National, State, or local office.

(b) Hatch Act restrictions apply to full time volunteers at all times during their service, including off-duty hours, leave, holidays and vacations.

§ 1226.11 Part time volunteers.

(a) The provisions in this section are applicable to part time volunteers, as defined in § 1226.3(d). There are two categories of part time volunteers:

(1) Those enrolled for periods of service of at least twenty (20) hours per week for not less than twenty-six (26) consecutive weeks, as authorized under Title I, Part C of the Act, and

(2) All other part time volunteers, including Senior Companions, Foster Grandparents and Retired Senior Volunteers.

(b) All part time volunteers are subject to the restrictions described in § 1226.8 (a), (b), (c) and (d) and the exceptions in § 1226.9:

(1) When they are engaged in their volunteer assignments, in training ac

tivities, or other related activities supported by ACTION funds, or

(2) Whenever they represent themselves as ACTION volunteers, or may reasonably be perceived by others to be performing as volunteers.

(c) The restrictions described in § 1226.10, pertaining to the Hatch Act, are applicable to volunteers enrolled for periods of service of at least 20 hours per week for not less than 26 consecutive weeks, as authorized under Title I, Part C of the Act:

(1) At all times in any day on which they serve as volunteers, or when engaged in activities related to their volunteer assignments, such as training;

or

(2) Whenever they represent themselves as volunteers or may reasonably be perceived by others to be performing as volunteers.

Subpart D-Sponsor Employee Activities

§ 1226.12 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 ACTION funds; or

(b) Whenever they identify themselves as acting in their capacity as an official of a project which receives ACTION funds, or could reasonably be perceived by others as acting in such capacity.

§ 1226.13 Obligations of sponsors.

(a) It shall be the obligation of program sponsors to ensure that they:

(1) Fully understand the restrictions on volunteer activity set forth herein;

(2) Provide training to volunteers on the restrictions and ensure that all other training materials used in training volunteers are fully consistent with these restrictions;

(3) Monitor on a continuing basis the activity of volunteers for compliance with this provision;

(4) Report all violations, or questionable situations, immediately to the State Director.

(b) Failure of a sponsor to meet the requirements set forth in paragraph (a) of this section, or a violation of the rules contained herein by either the sponsor, the sponsor's employees subject to § 1226.12 or the volunteers assigned to the sponsor, at any time during the course of the grant may be deemed to be a material failure to comply with the terms and conditions of the grant as that term is used in 45 CFR 1206.1 regarding suspension and termination of assistance or a violation of the Project Memorandum of Agreement, as applicable. The sponsor shall be subject to the procedures and penalties contained in 45 CFR 1206.1.

(c) Violation by a volunteer of any of the rules and regulations set forth herein may be cause for suspension or termination as set forth in 45 CFR 1213.5-5(2) or other disciplinary action.

PART 1228-CLEARINGHOUSE REQUIREMENTS AND PROCEDURES

Sec.

1228.1 General.

1228.2 ACTION programs covered. 1228.3 Project notification and review system.

1228.4 Clearinghouse functions. 1228.5 Consultation and review.

1228.6 Clearinghouse comments and recommendations.

1228.7 Agency procedures for implementation of OMB Circular A-95.

1228.8 Roles and responsibilities. APPENDIX-CLEARINGHOUSE REQUIREMENTS

AUTHORITY: Office of Management and Budget Circular A-95 Revised January 2, 1976.

SOURCE: 41 FR 21199, May 24, 1976, unless otherwise noted.

§ 1228.1 General.

Office of Management and Budget Circular No. A-95, Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects, Part I, establishes a network of State and area-wide planning and development clearinghouses which will aid in the coordination of Federal or federally assisted projects and programs with

State, areawide, and local planning for orderly growth and development.

§ 1228.2 ACTION programs covered.

The requirements of Circular A-95 apply to the following ACTION programs listed in the Catalog of Federal Domestic Assistance:

72.001 Foster Grandparents Program. 72.002

Retired Senior Volunteer Program. 72.008 Senior Companion Program.

§ 1228.3 Project notification and review system.

Part I of Circular A-95 requires applicants for assistance under any of the above ACTION programs to comply with the provisions of the Project Notification and Review System in order to facilitate coordinated planning on an inter-governmental basis. The essential parts of the Project Notification and Review System are:

(a) Notification of intent. Any agency of State or local government or any organization undertaking to apply for assistance to a project or major substantive modification thereto under any of the above ACTION programs is required to notify both the State and areawide planning and development clearinghouses in the jurisdiction of which the project is to be located of its intent to apply for assistance at such time as it determines it will develop an application. Notification will include a summary description of the project for which assistance is sought. The summary description will contain the following information, as appropriate and to the extent available:

(1) Identity of the applicant agency or organization;

(2) The geographic location of the project to be assisted. (A map should be provided, if appropriate);

(3) A brief description of the proposed project to be assisted (A map should be to scale, estimated cost, beneficiaries, or other characteristics which will enable the clearninghouses to identify agencies of State or local government having plans, programs, or projects that might be affected by the proposed project);

(4) The ACTION program title and number under which assistance is sought; and

(5) The estimated date the applicant expects to formally file an application.

(b) Applicant responsibility. Potential applicants are responsible for contacting the clearinghouses in their project location as early as possible to obtain forms and instructions for insuring expeditious clearinghouse review.

(c) Federally recognized Indian tribes. Applications from federally recognized Indian tribes are not subject to the requirements of Part I of Circular A-95. However, Indian tribes may voluntarily participate in the Project Notification and Review System and are encouraged to do so. ACTION will notify the appropriate State and areawide clearinghouses of any application from federally recognized Indian tribes upon their receipt.

§ 1228.4 Clearinghouse functions.

Clearinghouse functions include, but are not limited to:

(a) Evaluating the significance of proposed Federal or federally assisted projects to State, areawide, or local plans and programs;

(b) Receiving and disseminating project notifications (the State clearinghouse notifies State agencies; the areawide clearinghouse notifies local agencies) and providing liaison between such agencies and the applicant; and

(c) Providing public agencies charged with enforcing or furthering the objectives of State and local civil rights laws with opportunity to review and comment on the civil rights aspects of the project for which assistance is sought.

§1228.5 Consultation and review.

(a) State and areawide clearinghouses may have 30 days after receipt of a project notification in which to inform State and local or regional governments or agencies that may be affected by the proposed project and arrange, as may be necessary, to consult with the applicant thereon. The review may be completed in this period and comments may be submitted to the applicant.

(b) If the review is not completed during this period, the clearinghouse may work with the applicant in the resolution of any problems raised by the proposed projects during the period in which the application is being completed.

(c) In cases where no project notifiIcation has been submitted and the clearinghouse receives only a completed application, it may have 60 days to review the completed application. If a completed application is submitted during the first 30 days after a notification has been submitted, the clearinghouse may have 30 days plus the number of days remaining in the initial 30 days to review a completed application. Where clearinghouses have not completed their review during the 30 day notification period, they are strongly urged to give the applicant formal notice to that effect. Where reviews have been completed prior to completion of an application, an information copy will be supplied to the clearinghouse, upon request, when the application is submitted to the funding agency. Analysis of the timing requirement for clearinghouse review discloses that such review consists of two stages:

(1) Stage 1-When only a notification of intent is submitted to the clearinghouse. (i) Clearinghouse has 30 days to review. Clearinghouse may complete review and send comments to applicant.

Upon completion of application, applicant will submit an information copy to the clearinghouse, upon request, when submitting the application to ACTION for funding.

(ii) Clearinghouse does not complete review; notifies applicant; resolves problems, if any, with applicant; applicant completes application.

(iii) When a completed application is submitted during the first 30 days after a Notification of Intent has been submitted, clearinghouse has 30 days plus the number of days remaining in the initial 30 day notification period to complete review.

(2) Stage 2-When only a completed application is submitted to clearinghouse. Clearinghouse has 60 days to review.

(4) Report all violations, or questionable situations, immediately to the State Director.

(b) Failure of a sponsor to meet the requirements set forth in paragraph (a) of this section, or a violation of the rules contained herein by either the sponsor, the sponsor's employees subject to § 1226.12 or the volunteers assigned to the sponsor, at any time during the course of the grant may be deemed to be a material failure to comply with the terms and conditions of the grant as that term is used in 45 CFR 1206.1 regarding suspension and termination of assistance or a violation of the Project Memorandum of Agreement, as applicable. The sponsor shall be subject to the procedures and penalties contained in 45 CFR 1206.1.

(c) Violation by a volunteer of any of the rules and regulations set forth herein may be cause for suspension or termination as set forth in 45 CFR 1213.5-5(2) or other disciplinary action.

State, areawide, and local planning for orderly growth and development.

§ 1228.2 ACTION programs covered.

The requirements of Circular A-95 apply to the following ACTION programs listed in the Catalog of Federal Domestic Assistance:

72.001 Foster Grandparents Program. 72.002 Retired Senior Volunteer Program. 72.008 Senior Companion Program.

§ 1228.3 Project notification and review system.

Part I of Circular A-95 requires applicants for assistance under any of the above ACTION programs to comply with the provisions of the Project Notification and Review System in order to facilitate coordinated planning on an inter-governmental basis. The essential parts of the Project Notification and Review System are:

(a) Notification of intent. Any agency of State or local government or any organization undertaking to apply for assistance to a project or major substantive modification thereto under any of the above ACTION programs is required to notify both the State and areawide planning and development clearinghouses in the jurisdiction of which the project is to be loIcated of its intent to apply for assistance at such time as it determines it will develop an application. Notification will include a summary description of the project for which assistance is sought. The summary description will contain the following information, as appropriate and to the extent available:

(1) Identity of the applicant agency or organization;

(2) The geographic location of the project to be assisted. (A map should be provided, if appropriate);

(3) A brief description of the proposed project to be assisted (A map should be to scale, estimated cost, beneficiaries, or other characteristics which will enable the clearninghouses to identify agencies of State or local government having plans, programs, or projects that might be affected by the proposed project);

(4) The ACTION program title and number under which assistance is sought; and

(5) The estimated date the applicant expects to formally file an application.

(b) Applicant responsibility. Potential applicants are responsible for contacting the clearinghouses in their project location as early as possible to obtain forms and instructions for insuring expeditious clearinghouse

review.

(c) Federally recognized Indian tribes. Applications from federally recognized Indian tribes are not subject to the requirements of Part I of Circular A-95. However, Indian tribes may voluntarily participate in the Project Notification and Review System and are encouraged to do so. ACTION will notify the appropriate State and areawide clearinghouses of any application from federally recognized Indian tribes upon their receipt.

§ 1228.4 Clearinghouse functions.

Clearinghouse functions include, but are not limited to:

(a) Evaluating the significance of proposed Federal or federally assisted projects to State, areawide, or local plans and programs;

(b) Receiving and disseminating project notifications (the State clearinghouse notifies State agencies; the areawide clearinghouse notifies local agencies) and providing liaison between such agencies and the applicant; and

(c) Providing public agencies charged with enforcing or furthering the objectives of State and local civil rights laws with opportunity to review and comment on the civil rights aspects of the project for which assistance is sought.

§ 1228.5 Consultation and review.

(a) State and areawide clearinghouses may have 30 days after receipt of a project notification in which to inform State and local or regional governments or agencies that may be affected by the proposed project and arrange, as may be necessary, to consult with the applicant thereon. The review may be completed in this period and comments may be submitted to the applicant.

(b) If the review is not completed during this period, the clearinghouse may work with the applicant in the resolution of any problems raised by the proposed projects during the period in which the application is being completed.

(c) In cases where no project notification has been submitted and the clearinghouse receives only a completed application, it may have 60 days to review the completed application. If a completed application is submitted during the first 30 days after a notification has been submitted, the clearinghouse may have 30 days plus the number of days remaining in the initial 30 days to review a completed application. Where clearinghouses have not completed their review during the 30 day notification period, they are strongly urged to give the applicant formal notice to that effect. Where reviews have been completed prior to completion of an application, an information copy will be supplied to the clearinghouse, upon request, when the application is submitted to the funding agency. Analysis of the timing requirement for clearinghouse review discloses that such review consists of two stages:

(1) Stage 1-When only a notification of intent is submitted to the clearinghouse. (i) Clearinghouse has 30 days to review. Clearinghouse may complete review and send comments to applicant.

Upon completion of application, applicant will submit an information copy to the clearinghouse, upon request, when submitting the application to ACTION for funding.

(ii) Clearinghouse does not complete review; notifies applicant; resolves problems, if any, with applicant; applicant completes application.

(iii) When a completed application is submitted during the first 30 days after a Notification of Intent has been submitted, clearinghouse has 30 days plus the number of days remaining in the initial 30 day notification period to complete review.

(2) Stage 2-When only a completed application is submitted to clearinghouse. Clearinghouse has 60 days to review.