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Proposed Rule2024-02772

AmeriCorps Seniors Regulation Updates

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Published

February 14, 2024

Issuing agencies

Corporation for National and Community Service

Abstract

The Corporation for National and Community Service (operating as AmeriCorps) proposes to revise its regulations governing AmeriCorps Seniors programs. This proposed rule would remove barriers to service for individuals and increase flexibility for sponsors to determine the best mix of staffing and resources to accomplish project goals. Specifically, this proposed rule would remove barriers for individuals to serve as AmeriCorps Seniors volunteers in three ways: first, by limiting what is considered income in the calculation that determines eligibility to receive a stipend; second, by allowing volunteers to continue to receive a stipend when their sponsor places them on administrative leave due to extenuating circumstances that prevent service; and third, by allowing sponsors to supplement stipends. This proposed rule would increase flexibility for AmeriCorps Seniors sponsors in three ways: first, by removing the prescriptive requirement for them to employ a full-time project director; second, by establishing a single 10 percent match value regardless of grant year; and third, by allowing sponsors to choose to pay more than (but not less than) the AmeriCorps-established stipend rates using non- AmeriCorps funds for the amount exceeding the AmeriCorps-established rate. These proposed changes would allow sponsors to determine the best staffing and volunteer mix to support projects and how to devote resources that would otherwise be devoted to meet increasingly high match requirements. This proposed rule would also update nomenclature to reflect that the Corporation for National and Community Service operates as AmeriCorps and that "Senior Corps" is now known as "AmeriCorps Seniors."

Full Text

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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Proposed Rules]
[Pages 11233-11239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02772]

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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 2551, 2552, and 2553

RIN 3045-AA81

AmeriCorps Seniors Regulation Updates

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) proposes to revise its regulations governing AmeriCorps
Seniors programs. This proposed rule would remove barriers to service
for individuals and increase flexibility for sponsors to determine the
best mix of staffing and resources to accomplish project goals.
Specifically, this proposed rule would remove barriers for individuals
to serve as AmeriCorps Seniors volunteers in three ways: first, by
limiting what is considered income in the calculation that determines
eligibility to receive a stipend; second, by allowing volunteers to
continue to receive a stipend when their sponsor places them on
administrative leave due to extenuating circumstances that prevent
service; and third, by allowing sponsors to supplement stipends. This
proposed rule would increase flexibility for AmeriCorps Seniors
sponsors in three ways: first, by removing the prescriptive requirement
for them to employ a full-time project director; second, by
establishing a single 10 percent match value regardless of grant year;
and third, by allowing sponsors to choose to pay more than (but not
less than) the AmeriCorps-established stipend rates using non-
AmeriCorps funds for the amount exceeding the AmeriCorps-established
rate. These proposed changes would allow sponsors to determine the best
staffing and volunteer mix to support projects and how to devote
resources that would otherwise be devoted to meet increasingly high
match requirements. This proposed rule would also update nomenclature
to reflect that the Corporation for National and Community Service
operates as AmeriCorps and that ``Senior Corps'' is now known as
``AmeriCorps Seniors.''

DATES: Written comments must be submitted by April 15, 2024.

ADDRESSES: You may send your comments electronically through the
Federal Government's one-stop rulemaking website at
<a href="http://www.regulations.gov">www.regulations.gov</a>. You may also

[[Page 11234]]

send your comments to Elizabeth Appel, Associate General Counsel, at
<a href="/cdn-cgi/l/email-protection#aacfcbdadacfc6eacbc7cfd8c3c9c5d8dad984cdc5dc"><span class="__cf_email__" data-cfemail="b0d5d1c0c0d5dcf0d1ddd5c2d9d3dfc2c0c39ed7dfc6">[email&#160;protected]</span></a> or by mail to AmeriCorps (ATTN: Elizabeth Appel),
250 E Street SW, Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Robin Corindo, Deputy Director,
AmeriCorps Seniors, at <a href="/cdn-cgi/l/email-protection#582a3b372a31363c371839353d2a313b372a282b763f372e"><span class="__cf_email__" data-cfemail="7f0d1c100d16111b103f1e121a0d161c100d0f0c51181009">[email&#160;protected]</span></a>, (202) 489-5578.

SUPPLEMENTARY INFORMATION:

I. Background

AmeriCorps Seniors operates four programs: the Senior Companion
Program (SCP), Foster Grandparent Program (FGP), Retired and Senior
Volunteer Program (RSVP), and a Senior Demonstration Program. This
proposed rule would affect regulations implementing the first three
programs. These programs are authorized by the Domestic Volunteer
Service Act of 1973, as amended, 42 U.S.C. 4950 et seq., and this
rulemaking is authorized by the National and Community Service Act of
1990, as amended, 42 U.S.C. 12501 et seq.
AmeriCorps Seniors SCP and FGP each provide grants to qualified
agencies and organizations (known as grantees or sponsors) for the dual
purpose of engaging persons 55 and older, particularly those with
limited incomes, in volunteer service to meet critical community needs
and to provide a high-quality experience that will enrich the lives of
the volunteers. In SCP, program funds are used to support Senior
Companions in providing supportive, individualized services to help
older adults with special needs maintain their dignity and
independence. They also serve caregivers with respite support. In FGP,
program funds are used to support Foster Grandparents in providing
supportive, person-to-person service to children with special and/or
exceptional needs, or in circumstances that limit their academic,
social, or emotional development. In SCP and FGP (but not RSVP),
volunteers who are ``low income'' (meaning their income is at or below
200 percent of the poverty line) may receive stipends to allow them to
serve without cost to themselves. See 42 U.S.C. 5011(d)-(e), 5013(b).
In SCP, FGP, and RSVP, the sponsor receiving the grant has several
responsibilities. Among them is the responsibility to provide staff
sufficient to support the project. Another is the responsibility to
raise ``match,'' meaning non-AmeriCorps cash and in-kind contributions
in support of the grant. The match amount is stated as a percentage of
the total project cost. For both SCP and FGP, the match required of
sponsors is 10 percent, meaning the AmeriCorps grant funds 90 percent
of the total project cost. See 42 U.S.C. 5011(a), 5013(a). For RSVP,
the statute limits match to be no more than 10 percent in the first
year, 20 percent in the second year, and 30 percent in subsequent
years. See 42 U.S.C. 5001(b). In other words, the statute provides
upper limits (tiered by year) on what RSVP sponsors may be required to
provide as match. The current RSVP regulations, however, state these
upper limits as requirements for sponsors to provide match at 10
percent in the first year, 20 percent in the second year, and 30
percent in subsequent years by limiting AmeriCorps' contributions to 90
percent in the first year, 80 percent in the second year, and 70
percent in subsequent years. See 45 CFR 2553.72.
Additionally, in SCP and FGP, AmeriCorps Seniors volunteers are
offered a stipend for their service. The statute sets a minimum hourly
rate for the stipend. See 42 U.S.C. 5011(d), 5013(b). AmeriCorps
Seniors establishes the stipend rate annually through the Notice of
Funding Opportunity; currently, the stipend rate is $4.00 per service
hour. The current SCP and FGP regulations provide that a sponsor must
pay the stipend rate that AmeriCorps establishes and offers no
flexibility to sponsors who may have additional funding available to
supplement the stipend.

II. Overview of Proposed Rule

This proposed rule would update AmeriCorps Seniors regulations
implementing the SCP, FGP, and RSVP. The proposed updates to the SCP
and FGP regulations, at Code of Federal Regulations (CFR) parts 2551
and 2552, respectively, parallel each other and would include changes
to simplify provisions on calculation of an AmeriCorps volunteer's
income for the purposes of determining whether they are eligible for a
stipend and would remove certain items from being considered as income.
The proposed updates to SCP and FGP regulations would also specify that
volunteers receiving a stipend may be paid the stipend when the sponsor
places them on administrative leave due to extenuating circumstances
preventing service. The updates would also allow sponsors to pay
stipends at a higher rate than that established by AmeriCorps Seniors,
if they choose to do so, and as long as they use funds other than
AmeriCorps grant funds to pay for the amount above the established
stipend rate. The proposed updates to all three SCP, FGP, and RSVP
regulations (CFR parts 2551 through 2553) would replace the requirement
for sponsors to employ a full-time project director with a requirement
for sufficient staffing to support the size, scope, and quality of
project operations.
The updates to the RSVP regulations at part 2553 would also change
the level of non-AmeriCorps support (``match'') that an RSVP sponsor
must provide. Currently, the regulations allow AmeriCorps to grant up
to 90 percent of the total RSVP project cost in the first year, but
only 80 percent in the second year and 70 percent in the third and
successive years. As a result, the matching funds a sponsor must
provide are currently 10 percent of the total project cost in the first
year and increase to 20 percent in the second year and 30 percent in
successive years. The proposed rule would instead establish a single
required match rate at 10 percent, regardless of the grant year.
Lastly, this proposed rule would make nomenclature changes to add a
definition for ``AmeriCorps'' and change references to the
``Corporation'' and ``CNCS'' to ``AmeriCorps'' throughout these
regulations to reflect that the Corporation for National and Community
Service now operates as AmeriCorps. This proposed rule would also
change ``National Service Senior Corps (NSSC)'' to ``AmeriCorps
Seniors'' to reflect current terminology and branding.
Each of the substantive changes is described in more detail below.

A. Income Calculation--SCP (Sec. Sec. 2551.12, 2551.43, and 2551.44);
FGP (Sec. Sec. 2552.12, 2552.43, and 2552.44)

The current regulations address an SCP and FGP volunteer's income
in three sections: the definition of ``annual income'' (at Sec. Sec.
2551.12 and 2552.12, respectively); the income guidelines governing
eligibility to serve as a stipended volunteer (at Sec. Sec. 2551.43
and 2552.43, respectively); and the categories of ``income'' for
determining eligibility (at Sec. Sec. 2551.44 and 2552.44,
respectively). Currently, the definition of ``annual income'' and the
sections addressing eligibility guidelines and the determination of
``income'' each contain components for the calculation of income. The
proposed rule would streamline these sections so that the definition
sets out only that the time period for calculation of annual income is
12 months, and all the components for the calculation of income are
contained in one section each for SCP and FGP. Substantively, these
changes would remove several items from being included in the
calculation of a volunteer's income, including:

[[Page 11235]]

<bullet> The value of shelter, food, and clothing if provided at no
cost by relatives of the volunteer or volunteer's spouse;
<bullet> Strike benefits;
<bullet> Training stipends; and
<bullet> Regular support that is not legally required from an
absent family member or someone not living in the household.
As a result, when examining a volunteer's income to determine
eligibility for a stipend under this proposal, AmeriCorps Seniors would
look only at the volunteer's income (and spouse's income if the spouse
lives in the same residence) without considering the value of any
shelter, food, or clothing the volunteer's relatives are providing the
volunteer or any other regular but not legally required support that an
absent relative (or someone else not living in the household) is
choosing to provide to the volunteer. The proposal would remove strike
benefits and training stipends as categories to be considered in
calculating income because volunteers rarely such benefits and stipends
and their removal supports modernization of the regulations. These
changes also simplify what is considered income by focusing solely on
the volunteer's own income and resident spouse's income, rather than
other relatives, and removes the necessity of collecting paperwork from
the individuals volunteering.
AmeriCorps expects these changes would simplify the determination
of whether someone is eligible to serve as a stipended FGP or SCP
volunteer and remove barriers to those individuals to serve in FGP and
SCP. These changes will also support AmeriCorps Seniors programs'
ability to recruit and retain volunteers, rebuild volunteer numbers to
pre-COVID-19 levels, and reduce relinquishment of FGP and SCP programs
that result from difficulties recruiting eligible volunteers.
Ultimately, this anticipated increase in AmeriCorps Seniors volunteers
in SCP and FGP will allow more community needs to be met.

B. Administrative Leave--SCP (Sec. Sec. 2551.23(i) and 2551.46(a));
FGP (Sec. Sec. 2552.23(i) and 2552.46(a))

Currently, the regulations governing SCP and FGP are silent as to
whether AmeriCorps Seniors volunteers who receive a stipend for their
service and earned leave may also receive a stipend for administrative
leave. The proposed rule would specify that stipended volunteers may be
paid administrative leave and would require sponsors to establish
written service policies to address administrative leave. While
sponsors may define the specifics of administrative leave, the proposed
rule identifies administrative leave as a temporary absence the sponsor
allows in extenuating circumstances that prevent the volunteer from
serving, or serving safely. The rulemaking would require AmeriCorps'
approval to pay the stipend for administrative leave after the seventh
calendar day of extenuating circumstances. An example of a circumstance
justifying administrative leave would be flooding at a client's home.
This proposed change allows SCP and FGP grantees to grant
administrative leave to their volunteers in those unusual and rare
situations that prevent a volunteer, through no fault of their own,
from serving at their volunteer station, as long as the grantee's
program policies permit administrative leave in such situations. Many
dedicated AmeriCorps Seniors volunteers in SCP and FGP rely upon the
stipend to supplement their limited incomes so they can pay for things
like medicine and groceries. This proposed change would ensure that
these volunteers are not penalized by having their stipends withheld
for being unable to serve due to extenuating circumstances (as defined
in the program's policy).

C. Allowing Sponsors To Pay Higher Stipends--SCP (Sec. 2551.92(e));
FGP (Sec. 2552.92(e))

The current SCP and FGP regulations prohibit sponsors from paying
stipends at rates different from those established by AmeriCorps. This
restriction is not compelled by statute, as the DVSA establishes only a
minimum stipend rate ($3.00 per hour). Earlier versions of the
regulation had similar language stating that AmeriCorps Seniors
volunteers in SCP and FGP ``will receive a stipend in an amount
determined by [AmeriCorps] . . . The minimum amount of the stipend is
set by law and may be adjusted by the Director from time to time.'' See
45 CFR 1207.3-5(c)(5) and 1208.3-5(c)(5) (10-1-96 edition). However,
these earlier versions explicitly allowed for stipend payments in
excess of the amount established by AmeriCorps (then ``ACTION'') and
provided that the excess amount could not be included as part of the
local support commitment (match). See 45 CFR 1207.2-2 and 1208.2-2 (10-
1-96 edition). When these prior versions of the rules were updated and
moved from chapter XII (parts 1207 and 1208) to chapter XXV (parts 2551
and 2552) in title 45 of the CFR, the provisions regarding stipend
payments in excess of the AmeriCorps-established amount were omitted
without explanation. See SCP proposed rule at 63 FR 46954 (September 3,
1998) and final rule at 64 FR 14113 (March 24, 1999) and FGP proposed
rule at 63 FR 46963 (September 3, 1998) and final rule at 64 FR 14123
(March 24, 1999). AmeriCorps determined this allowance should be
reinstituted so that sponsors may pay volunteers a stipend at a rate
higher than the AmeriCorps-established rate should they have the desire
and funding to do so. In contrast to the prior versions of the rule,
the proposed rule would allow sponsors to use funds with which they
supplement the stipend to count toward required match contributions.
Sponsors' supplementation of volunteers' stipends must comply with
anti-discrimination and other laws.
The proposed flexibility for supplementing stipends would help
sponsors to recruit and retain volunteers by improving the feasibility
of service for low-income volunteers whose costs of serving exceed the
AmeriCorps-established stipend rate. This flexibility would also allow
for sponsors to account for things like higher costs of living in
providing their volunteers with stipends, by using their grantee (non-
AmeriCorps) share funds to add on to the single stipend rate that
AmeriCorps establishes for the entire country. The current regulation,
which restricts all volunteers to the AmeriCorps-established stipend
rate, prevents sponsors from adjusting their benefits to account for
the needs of volunteers in their local communities. Under the proposed
rule, AmeriCorps would continue to establish stipend rates and comply
with the statutory minimum for stipend rates, but sponsors would have
the flexibility to supplement the rate with their non-AmeriCorps funds.

D. Removing the Requirement for a Full-Time Project Director--SCP
(Sec. 2551.25(c)); FGP (Sec. 2552.25(c)); RSVP (Sec. 2553.25(c))

The current SCP, FGP, and RSVP regulations all require a sponsor to
employ a full-time project director to accomplish project objectives
and manage functions and project activities, except in a limited
circumstance where the sponsor may negotiate with AmeriCorps for
permission to instead employ a part-time project director. That
circumstance is when the sponsor has demonstrated to AmeriCorps that
having only a part-time project director will not adversely affect the
size, scope, or quality of project operations. The proposed rule would
replace these prescriptive requirements with a more results-focused
requirement that sponsors employ project staff sufficient to support
the size, scope, and quality of project operations. In the application,

[[Page 11236]]

the sponsor must thoroughly outline their management plan to describe
how each project director duty will be fulfilled. At the time of
renewal, program structure will be evaluated based on performance
measures. This proposed change would provide sponsors with the
flexibility to determine their own appropriate mix of staffing to
support the project.

E. Establishing a Single, 10 Percent Match, Regardless of Year--RSVP
(Sec. 2553.72)

The statute limits how much funding RSVP sponsors must provide as
match to be no more than 10 percent in the first year, 20 percent in
the second year, and 30 percent in subsequent years. See 42 U.S.C.
5001(b). In other words, the statute provides upper limits (tiered by
year) on what RSVP sponsors may be required to provide as match. In
contrast, the current RSVP regulations convert these upper limits into
requirements for sponsors to provide match at 10 percent in the first
year, 20 percent in the second year, and 30 percent in subsequent
years. See 45 CFR 2553.72. Specifically, the current regulation
provides that AmeriCorps grants may fund up to 90 percent of the total
project cost in the first year, leaving the sponsor responsible for 10
percent of the total project cost through locally generated
contributions. The current regulation then decreases the level of
funding AmeriCorps may provide to 80 percent (consequently increasing
the sponsor's responsibility to 20 percent) in the second year, and
further decreases AmeriCorps' contribution to 70 percent (consequently
increasing the sponsor's responsibility to 30 percent) in the third
year and beyond. The proposed rule would revise this approach to
instead provide RSVP parity with the FGP and SCP programs, which each
require 10 percent match regardless of year. For grantees that have
RSVP programs and FGP and/or SCP programs, this proposal would allow
them to have consistent policies across all their programs and reduce
the burden of raising and reporting an increased match amount for just
one of their programs. This proposed change in required match is not
expected to impact the quality of services provided to communities by
the program because all program expectations would remain the same
under the proposal.

III. Regulatory Analyses

A. Executive Orders 12866 and 13563

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

B. Regulatory Flexibility Act

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), AmeriCorps certifies that this rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. While many grantees are small governmental jurisdictions or
not-for-profit enterprises that may qualify as small entities, the
economic effect of this proposed rule on those small entities is
minimal. Therefore, AmeriCorps has not performed the initial regulatory
flexibility analysis that is required under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) for rules that are expected to have such
results.

C. Unfunded Mandates Reform Act of 1995

For purposes of title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any federal mandate that may result
in increased expenditures in Federal, State, local, or Tribal
Governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.

D. Paperwork Reduction Act

Under the Paperwork Reduction Act, an agency may not conduct or
sponsor a collection of information unless the collections of
information display valid control numbers. This proposed rule does not
affect any information collections.

E. Executive Order 13132, Federalism

Executive Order 13132, Federalism, prohibits an agency from
publishing any rule that has federalism implications if the rule
imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This rulemaking does not have any
federalism implications, as described above.

F. Takings (Executive Order 12630)

This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630 because
this proposed rule does not affect individual property rights protected
by the Fifth Amendment or involve a compensable ``taking.'' A takings
implication assessment is not required.

G. Civil Justice Reform (Executive Order 12988)

This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this rulemaking: (a) meets the criteria of
section 3(a) requiring that all regulations be reviewed to eliminate
errors and ambiguity and be written to minimize litigation; and (b)
meets the criteria of section 3(b)(2) requiring that all regulations be
written in clear language and contain clear legal standards.

H. Consultation With Indian Tribes (Executive Order 13175)

AmeriCorps recognizes the inherent sovereignty of Indian tribes and
their right to self-governance. We have evaluated this rulemaking under
the agency's consultation policy and the criteria in Executive Order
13175 and determined that this proposed rule does not impose
substantial direct effects on federally recognized tribes.

I. Clarity of This Regulation

We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each proposed rule we publish must: (a) be
logically organized; (b) use the active voice to address readers
directly; (c) use clear language rather than jargon; (d) be divided
into short sections and sentences; and (e) use lists and tables
wherever possible. If you feel that we have not met these requirements,
please send us comments by one of the methods listed in the ADDRESSES
section. To help us revise the rule, your comments should be as
specific as possible.

List of Subjects in 45 CFR Parts 2551, 2552, and 2553

Aged, Grant programs--social programs, Volunteers.

For the reasons stated in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for

[[Page 11237]]

National and Community Service is proposing to amend chapter XXV, title
45 of the Code of Federal Regulations as follows:

PART 2551--SENIOR COMPANION PROGRAM

0
1. The authority citation for part 2551 continues to read as follows:

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 12651b-12651d; E.O.
13331, 69 FR 9911.

0
2. In Sec. 2551.12:
0
a. Revise the definition of ``Adequate staffing level'';
0
b. Add in alphabetical order the definitions of ``AmeriCorps'' and
``AmeriCorps Seniors'';
0
c. Revise the definition of ``Annual income''; and
0
d. Remove the definitions of ``CNCS'' and ``National Senior Service
Corps (NSSC)''.
The revisions and additions read as follows:

Sec. 2551.12 Definitions.

* * * * *
Adequate staffing level. The number of project staff or full-time
equivalent needed by a sponsor to manage the AmeriCorps Seniors project
operations considering such factors as: Number of budgeted Volunteer
Service Years (VSYs), number of volunteer stations, and the size of the
service area.
* * * * *
AmeriCorps. The Corporation for National and Community Service,
established pursuant to section 191 of the National and Community
Service Act of 1990, as amended, 42 U.S.C. 12651, which operates as
AmeriCorps.
AmeriCorps Seniors. The collective name for the Senior Companion
Program (SCP), the Foster Grandparent Program (FGP), the Retired and
Senior Volunteer Program (RSVP), and Senior Demonstration Programs, all
of which are established under parts A, B, C, and E, title II of the
Act.
Annual income. The applicant or enrollee's total income for the
preceding 12 months, including the applicant or enrollee's spouse's
income, if the spouse lives in the same residence, as calculated in
Sec. 2551.44.
* * * * *
0
3. In Sec. 2551.23, redesignate paragraphs (i)(2) through (5) as
paragraphs (i)(3) through (6) and add new paragraph (i)(2) to read as
follows:

Sec. 2551.23 What are a sponsor's project responsibilities?

* * * * *
(i) * * *
(2) Administrative leave, meaning a temporary absence the sponsor
allows in extenuating circumstances that prevent the Senior Companion
from serving or serving safely.
* * * * *
0
4. In Sec. 2551.25, revise paragraphs (c) and (h) to read as follows:

Sec. 2551.25 What are a sponsor's administrative responsibilities?

* * * * *
(c) Employ project staff, including a project director, to
accomplish project objectives and manage the functions and activities
delegated to project staff for AmeriCorps Seniors project(s) within its
control. The project director may participate in activities to
coordinate project resources with those of related local agencies,
boards, or organizations. Staffing must be sufficient to support the
size, scope, and quality of project operations.
* * * * *
(h) Comply with, and ensure that Memorandums of Understanding
require all volunteer stations to comply with, all applicable civil
rights laws and regulations, including non-discrimination based on
disability.
0
5. Revise the heading for subpart C to read as follows:

Subpart C--Suspension and Termination of AmeriCorps Assistance

0
6. In Sec. 2551.43, revise paragraph (b) to read as follows:

Sec. 2551.43 What income guidelines govern eligibility to serve as a
stipended Senior Companion?

* * * * *
(b) For applicants to become stipended Senior Companions, income is
based on annual income at the time of application. For serving
stipended Senior Companions, annual income is counted for the past 12
months. Annual income includes the applicant or enrollee's income and
that of his/her spouse, if the spouse lives in the same residence, as
calculated in Sec. 2551.44.
* * * * *
0
7. In Sec. 2551.44, revise paragraph (a)(3) to read as follows:

Sec. 2551.44 What is considered income for determining volunteer
eligibility?

(a) * * *
(3) Social Security, Unemployment or Workers Compensation, alimony,
and military family allotments, or other legally required financial
support from an absent family member or someone not living in the
household.
* * * * *
0
8. In Sec. 2551.46, revise paragraph (a) to read as follows:

Sec. 2551.46 What cost reimbursements are provided to Senior
Companions?

* * * * *
(a) Stipend. The stipend is paid for the time Senior Companions
spend with their assigned clients, for earned leave, for administrative
leave, and for attendance at official project events. The sponsor may
pay a stipend for administrative leave for extenuating circumstances
lasting up to seven calendar days but must obtain AmeriCorps' written
approval to pay a stipend for administrative leave based on extenuating
circumstances lasting beyond seven calendar days.
* * * * *
0
9. In Sec. 2551.92, revise paragraph (e) to read as follows:

Sec. 2551.92 What are project funding requirements?

* * * * *
(e) May a sponsor pay stipends at rates different than those
established by AmeriCorps? A sponsor must pay stipends at rates no less
than the rate established by AmeriCorps. A sponsor may use non-
AmeriCorps funding to pay stipends at rates higher than the rate
established by AmeriCorps, but may not use AmeriCorps funding for this
purpose.
0
10. In Sec. 2551.121, revise paragraph (c)(1) to read as follows:

Sec. 2551.121 What legal limitations apply to the operation of the
Senior Companion Program and to the expenditure of grant funds?

* * * * *
(c) * * *
(1) An agency or organization to which AmeriCorps Seniors
volunteers are assigned or which operates or supervises any AmeriCorps
Seniors program shall not request or receive any compensation from
AmeriCorps Seniors volunteers, or from beneficiaries, for the services
provided by AmeriCorps Seniors volunteers.
* * * * *

Sec. Sec. 2551.12 through 2551.122 [Amended]

0
11. In addition to the amendments set forth above, in Sec. Sec.
2551.12 through 2551.122:
0
a. Remove the word ``CNCS'' and add in its place the word
``AmeriCorps'', wherever it appears; and
0
b. Remove the word ``non-CNCS'' and add in its place the word ``non-
AmeriCorps'', wherever it appears.

PART 2552--FOSTER GRANDPARENT PROGRAM

0
12. The authority for part 2552 continues to read as follows:

[[Page 11238]]

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 12651b-12651d; E.O.
13331, 69 FR 9911.

0
13. In Sec. 2552.12:
0
a. Revise the definition of ``Adequate staffing level'';
0
b. Add in alphabetical order the definitions of ``AmeriCorps'' and
``AmeriCorps Seniors'';
0
c. Revise the definition of ``Annual income''; and
0
d. Remove the definitions of ``CNCS'' and ``National Senior Service
Corps (NSSC)''.
The revisions and additions read as follows:

Sec. 2552.12 Definitions.

* * * * *
Adequate staffing level. The number of project staff or full-time
equivalent needed by a sponsor to manage the AmeriCorps Seniors project
operations considering such factors as: Number of budgeted Volunteer
Service Years (VSYs), number of volunteer stations, and the size of the
service area.
AmeriCorps. The Corporation for National and Community Service,
established pursuant to section 191 of the National and Community
Service Act of 1990, as amended, 42 U.S.C. 12651, which operates as
AmeriCorps.
AmeriCorps Seniors. The collective name for the Senior Companion
Program (SCP), the Foster Grandparent Program (FGP), the Retired and
Senior Volunteer Program (RSVP), and Senior Demonstration Programs, all
of which are established under parts A, B, C, and E, title II of the
Act.
Annual income. The applicant or enrollee's total income for the
preceding 12 months, including the applicant or enrollee's spouse's
income, if the spouse lives in the same residence, as calculated in
Sec. 2551.44.
* * * * *
0
14. In Sec. 2552.23, redesignate paragraphs (i)(2) through (5) as
paragraphs (i)(3) through (6) and add new paragraph (i)(2) to read as
follows:

Sec. 2552.23 What are a sponsor's project responsibilities?

* * * * *
(i) * * *
(2) Administrative leave, meaning a temporary absence the sponsor
allows in extenuating circumstances that prevent the Foster Grandparent
from serving or serving safely.
* * * * *
0
15. In Sec. 2552.25, revise paragraphs (c) and (h) to read as follows:

Sec. 2552.25 What are a sponsor's administrative responsibilities?

* * * * *
(c) Employ project staff, including a project director, to
accomplish project objectives and manage the functions and activities
delegated to project staff for AmeriCorps Seniors project(s) within its
control. The project director may participate in activities to
coordinate project resources with those of related local agencies,
boards, or organizations. Staffing must be sufficient to support the
size, scope, and quality of project operations.
* * * * *
(h) Comply with, and ensure that Memorandums of Understanding
require all volunteer stations to comply with, all applicable civil
rights laws and regulations, including non-discrimination based on
disability.
0
16. Revise the heading for subpart C to read as follows:

Subpart C--Suspension and Termination of AmeriCorps Assistance

Sec. 2552.43 [Amended]

0
17. In Sec. 2552.43, revise paragraph (b) to read as follows:

Sec. 2552.43 What income guidelines govern eligibility to serve as a
stipended Foster Grandparent?

* * * * *
(b) For applicants to become stipended Foster Grandparents, income
is based on annual income at the time of application. For serving
stipended Foster Grandparents, annual income is counted for the past 12
months. Annual income includes the applicant or enrollee's income, and
that of his/her spouse, if the spouse lives in the same residence, as
calculated in Sec. 2552.44.
* * * * *
0
18. In Sec. 2552.44, revise paragraph (a)(3) to read as follows:

Sec. 2552.44 What is considered income for determining volunteer
eligibility?

(a) * * *
(3) Social Security, Unemployment or Workers Compensation, alimony,
and military family allotments, or other legally required financial
support from an absent family member or someone not living in the
household.
* * * * *
0
19. In Sec. 2552.46, revise paragraph (a) to read as follows:

Sec. 2552.46 What cost reimbursements and benefits do sponsors
provide to Foster Grandparents?

* * * * *
(a) Stipend. The stipend is paid for the time Foster Grandparents
spend with their assigned children, for earned leave, for
administrative leave, and for attendance at official project events.
The sponsor may pay a stipend for administrative leave for extenuating
circumstances lasting up to seven calendar days but must obtain
AmeriCorps' written approval to pay a stipend for administrative leave
based on extenuating circumstances lasting beyond seven calendar days.
* * * * *
0
20. In Sec. 2552.92, revise paragraph (e) to read as follows:

Sec. 2552.92 What are project funding requirements?

* * * * *
(e) May a sponsor pay stipends at rates different than those
established by AmeriCorps? A sponsor must pay stipends at rates no less
than the rate established by AmeriCorps. A sponsor may use non-
AmeriCorps funding to pay stipends at rates higher than the rate
established by AmeriCorps but may not use AmeriCorps funding for this
purpose.
0
21. In Sec. 2552.121, revise paragraph (c)(1) to read as follows:

Sec. 2552.121 What legal limitations apply to the operation of the
Foster Grandparent Program and to the expenditure of grant funds?

Sec. Sec. 2552.12 through 2552.122 [Amended]

0
22. In addition to the amendments set forth above, in Sec. Sec.
2552.12 through 2552.122:
0
a. Remove the word ``CNCS'' and add in its place the word
``AmeriCorps'', wherever it appears; and
0
b. Remove the word ``non-CNCS'' and add in its place the word ``non-
AmeriCorps'', wherever it appears.

PART 2553--THE RETIRED AND SENIOR VOLUNTEER PROGRAM

0
23. The authority for part 2553 continues to read as follows:

Authority: 42 U.S.C. 4950 et seq.

0
24. In Sec. 2553.12:
0
a. Revise the definition of ``Adequate staffing level'';
0
b. Add in alphabetical order the definitions of ``AmeriCorps'' and
``AmeriCorps Seniors''; and
0
c. Remove the definitions of ``CNCS'' and ``National Senior Service
Corps (NSSC)''.
The revision and additions read as follows:

[[Page 11239]]

Sec. 2553.12 Definitions.

* * * * *
Adequate staffing level. The number of project staff or full-time
equivalent needed by a sponsor to manage the AmeriCorps Seniors project
operations considering such factors as: Number of budgeted volunteers,
number of volunteer stations, and the size of the service area.
AmeriCorps. The Corporation for National and Community Service,
established pursuant to section 191 of the National and Community
Service Act of 1990, as amended, 42 U.S.C. 12651, which operates as
AmeriCorps.
AmeriCorps Seniors. The collective name for the Senior Companion
Program (SCP), the Foster Grandparent Program (FGP), the Retired and
Senior Volunteer Program (RSVP), and Demonstration Programs, all of
which are established under parts A, B, C, and E, title II of the Act.
* * * * *
0
24. In Sec. 2553.25, revise paragraphs (c) and (h) to read as follows:

Sec. 2553.25 What are a sponsor's administrative responsibilities?

* * * * *
(c) Employ project staff, including a project director, to
accomplish project objectives and manage the functions and activities
delegated to project staff for AmeriCorps Seniors project(s) within its
control. The project director may participate in activities to
coordinate project resources with those of related local agencies,
boards, or organizations. Staffing must be sufficient to support the
size, scope, and quality of project operations.
* * * * *
(h) Comply with, and ensure that Memorandums of Understanding
require all volunteer stations to comply with, all applicable civil
rights laws and regulations, including non-discrimination based on
disability.
0
25. In Sec. 2553.72, revise paragraph (a) paragraph heading and
paragraphs (a)(1) and (c) to read as follows:

Sec. 2553.72 What are project funding requirements?

(a) Is non-AmeriCorps support required? (1) An AmeriCorps grant may
be awarded to fund up to 90 percent of the total project cost.
* * * * *
(c) May AmeriCorps restrict how a sponsor uses locally generated
contributions in excess of the non-AmeriCorps support required?
Whenever locally generated contributions to RSVP projects are in excess
of the non-AmeriCorps funds required (10 percent of the total cost),
AmeriCorps may not restrict the manner in which such contributions are
expended, provided such expenditures are consistent with the provisions
of the Act.
* * * * *
0
26. In Sec. 2553.91, revise paragraph (c)(1) to read as follows:

Sec. 2553.91 What legal limitations apply to the operation of the
RSVP volunteer program and to the expenditure of grant funds?

* * * * *
(c) * * *
(1) An agency or organization to which AmeriCorps Seniors
volunteers are assigned or which operates or supervises any AmeriCorps
Seniors program shall not request or receive any compensation from
AmeriCorps Seniors volunteers or from beneficiaries for services of
AmeriCorps Seniors volunteers.
* * * * *

Sec. Sec. 2553.12 through 2553.108 [Amended]

0
27. In addition to the amendments set forth above, in Sec. Sec.
2552.12 through 2552.108:
0
a. Remove the word ``CNCS'' and add in its place the word
``AmeriCorps'', wherever it appears; and
0
b. Remove the word ``non-CNCS'' and add in its place the word ``non-
AmeriCorps'', wherever it appears.

Fernando Laguarda,
General Counsel.
[FR Doc. 2024-02772 Filed 2-13-24; 8:45 am]
BILLING CODE 6050-28-P

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