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Rule2024-19348

AmeriCorps Seniors Regulation Updates

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Published

August 30, 2024

Effective

October 1, 2024

Issuing agencies

Corporation for National and Community Service

Abstract

The Corporation for National and Community Service (operating as AmeriCorps) is revising its regulations governing AmeriCorps Seniors programs. This rule removes barriers to service for individuals and increases flexibility for grantees to accomplish project goals and recruit volunteers. Specifically, this rule removes barriers for individuals to serve as AmeriCorps Seniors volunteers in three ways: first, by modernizing 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 grantees to supplement stipends. This rule reduces burden for AmeriCorps Seniors grantees in two ways: first, it establishes a single 10 percent match value regardless of grant year. Second, this rule allows grantees to choose to pay more than (but not less than) the AmeriCorps-established stipend rates, using non-AmeriCorps funds for the amount that exceeds the AmeriCorps-established rate. These changes will improve grantees' ability to recruit volunteers and allow grantees to devote to program operations resources that would otherwise be devoted to meet increasingly high match requirements. The rule also updates 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 169 (Friday, August 30, 2024)</title>
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[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70536-70545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19348]

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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: Final rule.

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SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) is revising its regulations governing AmeriCorps Seniors
programs. This rule removes barriers to service for individuals and
increases flexibility for grantees to accomplish project goals and
recruit volunteers. Specifically, this rule removes barriers for
individuals to serve as AmeriCorps Seniors volunteers in three ways:
first, by modernizing 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 grantees to supplement
stipends. This rule reduces burden for AmeriCorps Seniors grantees in
two ways: first, it establishes a single 10 percent match value
regardless of grant year. Second, this rule allows grantees to choose
to pay more than (but not less than) the AmeriCorps-established stipend
rates, using non-AmeriCorps funds for the amount that exceeds the
AmeriCorps-established rate. These changes will improve grantees'
ability to recruit volunteers and allow grantees to devote to program
operations resources that would otherwise be devoted to meet
increasingly high match requirements. The rule also updates
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: This rule is effective October 1, 2024.

FOR FURTHER INFORMATION CONTACT: Robin Corindo, Deputy Director,
AmeriCorps Seniors, at <a href="/cdn-cgi/l/email-protection#8af8e9e5f8e3e4eee5caebe7eff8e3e9e5f8faf9a4ede5fc"><span class="__cf_email__" data-cfemail="b2c0d1ddc0dbdcd6ddf2d3dfd7c0dbd1ddc0c2c19cd5ddc4">[email&#160;protected]</span></a>, (202) 489-5578.

SUPPLEMENTARY INFORMATION:
I. Executive Summary of Final Rule
II. Background on the AmeriCorps Seniors Programs Affected by This
Rule
III. Comments on the Proposed Rule, AmeriCorps' Responses, and an
Overview of the Final Rule
A. Income Calculation--SCP (Sec. Sec. 2551.12, 2551.43, and
2551.44); FGP (Sec. Sec. 2552.12, 2552.43, and 2552.44)
B. Administrative Leave--SCP (Sec. Sec. 2551.23(i) and
2551.46(a)); FGP (Sec. Sec. 2552.23(i) and 2552.46(a))
C. Allowing Grantees To Pay Higher Stipends--SCP (Sec.
2551.92(e)); FGP (Sec. 2552.92(e))
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))
E. Establishing a Single, 10 Percent Match, Regardless of Year--
RSVP (Sec. 2553.72)
F. Other Comments on the Proposed Rule
IV. Regulatory Analyses
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Paperwork Reduction Act
E. Federalism (E.O. 13132)
F. Takings (E.O. 12630)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175)

I. Executive Summary of Final Rule

This rule updates AmeriCorps Seniors regulations implementing the
Senior Companion Program (SCP), Foster Grandparent Program (FGP), and
RSVP. The updates to the SCP and FGP regulations, at Code of Federal
Regulations (CFR) parts 2551 and 2552, respectively, parallel each
other and include changes to simplify provisions on calculation of an
AmeriCorps Seniors volunteer's income to determine whether they are
eligible for a stipend and removal of certain items from being
considered as income. The updates to the SCP and FGP regulations also
specify that volunteers who receive a stipend may be paid the stipend
when the sponsor places them on administrative leave due to extenuating
circumstances that prevent service. The updates also allow grantees to
pay stipends at a higher rate than that established by AmeriCorps
Seniors, if they choose to do so, as long as they do not use AmeriCorps
grant funds to pay for the amount that is above the established stipend
rate.
The updates to the RSVP regulations at part 2553 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 budgeted project cost in the first year of a
grant, but only 80 percent in the second year and 70 percent in the
third and successive years. As a result, grantees currently must
provide matching funds that are 10 percent of the total project cost in
the first year of a grant, 20 percent in the second year, and 30
percent in successive years. The rule being finalized today instead
establishes a single required match rate at 10 percent, regardless of
the grant year.
Lastly, this rule makes 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 rule also changes ``National Senior Service Corps
(NSSC)'' to ``AmeriCorps Seniors'' to reflect current terminology and
branding.
One change was proposed but is not being finalized today, in
response to the comments opposing the change, as discussed below: the
update that would have removed the requirement for grantees to employ a
full-time project director.

II. Background on the AmeriCorps Seniors Programs Affected by This Rule

AmeriCorps Seniors operates four programs: the Senior Companion
Program (SCP), Foster Grandparent Program (FGP), RSVP (formerly the
Retired and Senior Volunteer Program), and a Senior Demonstration
Program. This rule affects 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) 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 older adult
volunteers. In SCP, program funds are used to support Senior Companions
in providing supportive, individualized services to help older adults
and those 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

[[Page 70537]]

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 grantees, the required
match is 10 percent, meaning the AmeriCorps grant funds 90 percent of
the total budgeted project cost. See 42 U.S.C. 5011(a), 5013(a). For
RSVP, the statute limits match to 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 grantees may be required to
provide as match. The current RSVP regulations, however, instead frame
match as a limit on AmeriCorps' contributions to 90 percent in the
first year, 80 percent in the second year, and 70 percent thereafter--
in effect placing a requirement, rather than an upper limit, for
grantee match at 10 percent in year one, 20 percent in year two, and 30
percent thereafter. 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 grantee must
pay no more than and no less than the stipend rate that AmeriCorps
establishes and offers no flexibility to grantees who may wish to use
available additional funding to supplement the stipend.

III. Comments on the Proposed Rule, AmeriCorps' Responses, and an
Overview of the Final Rule

AmeriCorps published a proposed rule on February 14, 2024 (89 FR
11233) and received 63 public comments in response by the April 15,
2024, comment deadline. Several of the comments expressed general
support for the rule changes. Comments that specifically addressed one
or more of the five proposed substantive changes are summarized below,
along with AmeriCorps' responses to those comments and brief
descriptions of the current regulations, proposals, and finalized
provisions. A discussion of other comments received on the proposed
rule is also included.

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

Current Regulation: 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.
Changes That Were Proposed: 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:
<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.
Comments on the Proposed Changes: Most who commented on the
proposed changes to the income calculation provisions expressed support
for them. Among the reasons that commenters gave for their support were
that the changes would remove barriers for individuals to serve as
AmeriCorps volunteers, help volunteer recruitment and retention (which
leads to more children and seniors being served by the FGP and SCP,
respectively), and contribute to greater food security among low-income
volunteers.
Several commenters requested that only the volunteer's income be
considered, without the spouse's income or income of the entire
household. These commenters stated that spousal income being included
in a potential volunteer's income calculation is one of main reasons
that grantees must turn away potential FGP and SCP volunteers.
One commenter stated that military veterans should be exempt from
declaring their retirement as income.
Although the proposed rule did not address the income threshold
(200 percent of the poverty line), several commenters advocated for an
increase in the income threshold or removal of the threshold to engage
more FGP and SCP volunteers and serve more individuals as a result.
Most who requested an increase suggested increasing the threshold to
400 percent of the poverty level; one suggested a $5,000 to $10,000
increase per year in the threshold. Two commenters suggested using the
Asset Limited, Income Constrained, Employed (ALICE) tool instead of the
Federal poverty level as the income threshold as a more equitable
determination that accounts for the local cost of living.
AmeriCorps' Response to Comments: AmeriCorps agrees with the
commenters who stated that the proposed changes to income calculation
would remove barriers for individuals to serve as FGP and SCP
volunteers. The final rule includes these changes and focuses the
income calculation more on long-term legally required income.
AmeriCorps acknowledges the comments stating that only the
volunteer's income should be included in the calculation, and not the
spouse's or any other family member's income. Consistent with the
current and proposed rule, the final rule continues to require the
spouse's income to be included in calculation of the volunteer's income
if the spouse resides in the same residence. If AmeriCorps considers
removing the incomes of cohabitating spouses from the calculation of a
volunteer's income, it will propose that removal in a future
rulemaking. However, this rulemaking takes steps to limit other
relatives' support from being included in calculation of a volunteer's
income. The proposed rule and final rule both focus solely on the
volunteer's own income and resident spouse's income, rather than that
of other relatives, as described below.
With regard to the comment requesting that military veterans'
retirement income be excluded from their income calculation, if
AmeriCorps considers adding this exclusion, it will propose the
exclusion in a future rulemaking.

[[Page 70538]]

The comments regarding increasing, removing, or changing the income
threshold cannot be addressed by rulemaking because the underlying
statute, the Domestic Volunteer Service Act of 1973, as amended,
establishes that the low-income threshold be not more than 200 percent
of the Federal poverty line. See 42 U.S.C. 5011(e)(1).
Overview of Final Rule Provisions on Income Calculation: As
proposed, and as finalized today, the volunteer's income calculation
will no longer include the value of shelter, food, and clothing that
relatives provide to the volunteer, or financial support that absent
relatives opt to provide but are not legally required to provide. Under
the proposed and final rules, the only financial support from non-
resident relatives (other than the spouse living in the same residence)
that is included in the volunteer's income calculation is financial
support that the relatives are legally required to provide. The
volunteer's spouse's income is included in the calculation only if the
spouse lives in the same residence with the volunteer. 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, plus the spouse's income if the spouse lives in the
same residence. The final rule also removes strike benefits and
training stipends from the calculation of income, because their removal
supports modernization of the regulations.
AmeriCorps expects these changes will 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 program
that result from difficulties recruiting eligible volunteers.

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

Current Regulation: 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.
Changes That Were Proposed: The proposed rule would add that
stipended volunteers may be paid administrative leave, as long as
grantees have written service policies to address administrative leave.
The proposed rule would also require grantees to obtain AmeriCorps'
approval to pay the stipend for administrative leave after the seventh
calendar day of the extenuating circumstances that are the basis for
the administrative leave.
Comments on the Proposed Changes: Most who commented on the
administrative leave proposal supported the proposed changes. Among the
reasons provided for support were that the proposed changes would
enhance program flexibility to attract and retain volunteers and
promote consistent volunteer participation. One commenter noted that
many volunteers are dependent upon the stipend they receive and that
any break in service, planned or unplanned, can create hardship for the
volunteer.
A few of the commenters in support of the change suggested
modifications. One suggested the regulation establish a ``floor'' of
circumstances that would trigger administrative leave. Similarly,
another stated that there should be guidelines as to what constitute
``extenuating circumstances'' that justify administrative leave. The
other recommended increasing the time a stipend may be paid for
administrative leave before AmeriCorps' approval is required, from the
proposed seven calendar days to a month.
AmeriCorps' Response to Comments: AmeriCorps agrees that allowing
stipends to be paid for administrative leave both enhances program
flexibility to attract and retain volunteers and helps to protect
volunteers who rely on their stipends from unpredictable loss of their
stipend due to events beyond their control. AmeriCorps believes the
phrase ``extenuating circumstances'' itself provides a baseline for the
types of circumstances that would justify administrative leave--meaning
circumstances that are exceptional, unusual, and/or unpredictable. The
rule gives grantees the flexibility to establish for themselves what
extenuating circumstances would justify administrative leave to
complement their own policies' categorizations of circumstances
qualifying as sick leave and emergency or disaster leave, as
appropriate.
AmeriCorps has determined that seven calendar days is a more
appropriate time period than a month for obtaining AmeriCorps' approval
of continued payment of a stipend for administrative leave. As a
practice, grantees should keep their portfolio managers updated as to
any extenuating circumstances that affect their programs and service.
Seven days is long enough to allow grantees to take any emergency
action they may need to in response to the circumstances, while
allowing AmeriCorps to provide some oversight to ensure that volunteers
are not unnecessarily being paid for time not in service.
Overview of Final Rule Provisions on Administrative Leave: The
final rule adopts the proposed rule's changes to allow 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 necessities like medicine and groceries. This change ensures
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). While grantees must define the
specifics of administrative leave, the rule provides parameters by
defining the term as a temporary absence that the sponsor allows in
extenuating circumstances that prevent the volunteer from serving, or
from serving safely. The final rule provides a check on grantees
providing administrative leave to volunteers by requiring AmeriCorps'
approval to pay the stipend for administrative leave after the seventh
calendar day of the extenuating circumstances that are the basis for
the administrative leave.

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

Current Regulation: The current SCP and FGP regulations prohibit
grantees from paying stipends at rates different from those established
by AmeriCorps.
Changes That Were Proposed: The proposed rule would allow grantees
to pay stipends to SCP and FGP volunteers at a higher rate than the
rate 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 rule also would
allow grantees to use funds with which they supplement the stipend to
count toward required match contributions.
Comments on the Proposed Changes: A few commenters expressed their
support for the proposed change as removing barriers to volunteer
recruitment and retention, promoting economic security for older
adults, and accounting for certain geographic areas having higher costs
of living. Several

[[Page 70539]]

commenters opposed the proposed change based on one or more of the
following reasons: grantees able to supplement stipends will attract
volunteers away from grantees who are not able to supplement stipends,
creating inequities across the country; the different stipend rates
will cause confusion among volunteers; and Congress might reduce
funding for stipends overall.
AmeriCorps' Response to Comments: AmeriCorps agrees that allowing
grantees to supplement stipends will help remove barriers to volunteer
recruitment and retention, promote economic security for low-income
volunteers, and account for different costs of living. AmeriCorps does
not believe that the change will create inequities; rather, the change
will help address the inequities that already exist among geographic
areas with different costs of living. This rule provides grantees a
means of attracting more volunteers if they are in an area with a
higher cost of living and gives them an incentive to find more
community support so they can supplement stipends. This flexibility
aligns with the approach taken by AmeriCorps State and National in
allowing grantees the flexibility to provide additional benefits and
higher living allowances. AmeriCorps has no basis for expecting that
this change will cause confusion among volunteers or result in reduced
appropriations for stipends, as there is no evidence that these were
issues when prior versions of the regulations allowed supplementation
of stipends. See 45 CFR 1207.2-2 and 1208.2-2 (10/01/1996 edition).
Overview of Final Rule Provisions on Supplementation of Stipends:
The final rule adopts the proposed rule's changes to allow grantees to
pay volunteers a stipend at a rate higher than the AmeriCorps-
established rate, should they have the desire and funding to do so, and
allows grantees to count the funds with which they supplement the
stipend toward their required match contribution. Grantees'
supplementation of volunteers' stipends must comply with anti-
discrimination and other laws.
The current regulation, which restricts all volunteers to the
AmeriCorps-established stipend rate, prevents grantees from adjusting
their benefits to account for the needs of volunteers in their local
communities. 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 explicitly allowed for stipend payments in
excess of the amount established by AmeriCorps (then ``ACTION''). See
45 CFR 1207.2-2 and 1208.2-2 (10/01/1996 edition). The final rule
reinstitutes this allowance, and also allows the supplemented stipend
amount to count toward the required match contribution. Under the final
rule, AmeriCorps will continue to establish stipend rates and comply
with the statutory minimum for stipend rates, but grantees will have
the flexibility to supplement the rate with their non-AmeriCorps funds.
AmeriCorps expects that the flexibility for supplementing stipends
will help grantees 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 will
also allow for grantees 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.

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))

Current Regulation: 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.
Changes That Were Proposed: The proposed rule would have replaced
these prescriptive requirements with a more results-focused requirement
that grantees employ project staff sufficient to support the size,
scope, and quality of project operations. In the application, the
sponsor would have had to thoroughly outline their management plan to
describe how each project director duty will be fulfilled. At the time
of renewal, program structure would then be evaluated based on
performance measures. The intention of the proposed change was to
provide grantees with the flexibility to determine their own
appropriate mix of staffing to support the project.
Comments on the Proposed Changes: Of those who commented on this
proposed change, approximately half expressed support and half
opposition. Those in support of the change stated that it allows
programs to use staff more efficiently by allowing programs to
reallocate work duties, adjust workflows, and increase continuity of
services, without having to request a waiver from AmeriCorps. Those in
opposition to the change stated that it would allow grantees to pull
the currently full-time project directors onto other efforts, limiting
the amount of time the project directors would be able to devote to the
programs and undermining their ability to effectively run them, would
contribute to understaffing the programs and job loss, and would
increase compliance issues, as there would be no single full-time
person accountable as program director. Commenters also pointed out
that there is already a waiver process in place to enable grantees to
employ a part-time director, and one commenter provided evidence that
there are insufficient requests for waivers to justify a change to the
general rule.
AmeriCorps' Response to Comments: AmeriCorps is persuaded by those
comments opposing the change that state that a waiver process is
already available and is not used so frequently as to justify a change
to the overall requirement for a full-time project director. For this
reason, AmeriCorps is not moving forward with finalizing this change at
this time, but will monitor the number of waiver requests in the future
to determine whether this change should be considered in a separate,
future rulemaking.
Overview of Final Rule Provisions on Full-Time Project Director:
The final rule retains the current regulatory requirement for a full-
time project director, and opportunity for a waiver of this
requirement.

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

Current Regulation: The current regulation provides that AmeriCorps
RSVP grants may fund up to 90 percent of the total budgeted 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 for RSVP grants 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.
Changes That Were Proposed: The proposed rule would revise the
current

[[Page 70540]]

tiered match requirements for RSVP to instead provide RSVP parity with
the FGP and SCP programs, which each require 10 percent match
regardless of year.
Comments on the Proposed Changes: Every commenter who commented on
the proposed match change supported the proposed reduction of required
RSVP match to 10 percent. Among the reasons commenters expressed for
their support were that the proposed change would establish parity with
the FGP and SCP program match requirements; simplify raising and
reporting match for RSVP grantees; help RSVP programs remain
sustainable in a time of rapid inflation and stagnant or reduced
funding from other non-Federal sources; have a compounding positive
financial impact on RSVP grantees' ability to provide needed vital
services to their communities; streamline management of RSVP program
budgets; and allow for more focus on RSVP program requirements,
volunteer recruitments, partnerships and potential new programming. A
commenter also noted that the current 30 percent match can be a barrier
for service in rural areas that are philanthropically underserved and
that a 10 percent match, regardless of year, helps to remove this
barrier.
AmeriCorps' Response to Comments: AmeriCorps agrees with these
unanimous comments in support of the change to a 10 percent required
match for RSVP, regardless of year. In addition to the reasons
expressed by the commenters for their support, this change will also
benefit grantees that have RSVP programs and FGP and/or SCP programs,
by allowing them to have consistent policies across all their programs.
AmeriCorps also anticipates that this change will reduce
relinquishments of RSVP programs.
Overview of Final Rule Provisions on Income Calculation: The final
rule removes the increasing required match for RSVP programs, requiring
match at 10 percent regardless of year. The statute limits how much
match funding RSVP grantees must provide to 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 grantees may be
required to provide as match. In contrast, the current RSVP regulations
convert these upper limits into requirements for grantees 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. The final rule
instead uses the flexibility afforded by the statute to require 10
percent match for RSVP regardless of year. This change in required
match is not expected to impact the quality of services provided to
communities by the program because all program expectations remain the
same under this final rule.

F. Other Comments on the Proposed Rule

Two commenters commented on the proposed rule's nomenclature
updates, such as the updates to reflect that ``Senior Corps'' is now
called ``AmeriCorps Seniors.'' One commenter supported these updates.
The other commenter opposed the updates, stating that most communities
are only familiar with the separate identities of the FGP, SCP, and
RSVP, and that ``AmeriCorps'' causes confusion because people think of
the AmeriCorps State and National program. AmeriCorps is finalizing the
nomenclature updates, as its programs have been operating under the
unifying moniker ``AmeriCorps'' for several years.

IV. 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 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 rule does not affect
any information collections.

E. Federalism (E.O. 13132)

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 (E.O. 12630)

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

G. Civil Justice Reform (E.O. 12988)

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

H. Consultation With Indian Tribes (E.O. 13175)

AmeriCorps recognizes the inherent sovereignty of Indian Tribes and
their right to self-governance. We have evaluated this rulemaking under
the agency's consultation policy and the criteria in Executive Order
13175 and determined that this rule does not

[[Page 70541]]

impose substantial direct effects on federally recognized Tribes.

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 National and Community Service
amends 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. Revise and republish Sec. 2551.12 to read as follows:

Sec. 2551.12 Definitions.

Act. The Domestic Volunteer Service Act of 1973, as amended, Public
Law 93-113, Oct. 1, 1973, 87 Stat. 396, 42 U.S.C. 4950 et seq.
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.
Adult with special needs. Any individual over 21 years of age who
has one or more physical, emotional, or mental health limitations and
is in need of assistance to achieve and maintain their highest level of
independent living.
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
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.
Chief Executive Officer. The Chief Executive Officer of AmeriCorps
appointed under the National and Community Service Act of 1990, as
amended, (NCSA), 42 U.S.C. 12501 et seq.
Cost reimbursements. Reimbursements budgeted as Volunteer Expenses
and provided to volunteers, including stipends to cover incidental
costs, transportation, meals, recognition, supplemental accident,
personal liability and excess automobile liability insurance and other
expenses as negotiated in the Memorandum of Understanding.
In-home. The non-institutional assignment of a Senior Companion in
a private residence.
Letter of Agreement. A written agreement between a volunteer
station or sponsor and the person(s) served or the person legally
responsible for that person. It authorizes the assignment of an SCP
volunteer in the home of a client, defines SCP volunteer activities,
and specifies supervision arrangements.
Memorandum of Understanding. A written statement prepared and
signed by the Senior Companion project sponsor and the volunteer
station that identifies project requirements, working relationships,
and mutual responsibilities.
Non-AmeriCorps support (excess). The amount of non-AmeriCorps cash
and in-kind contributions generated by a sponsor in excess of the
required percentage.
Non-AmeriCorps support (match). The percentage share of non-
AmeriCorps cash and in-kind contributions required to be raised by the
sponsor in support of the grant.
Performance measures. Indicators that help determine the impact of
an SCP project on the community and clients served, including the
volunteers.
Project. The locally planned SCP activity or set of activities in a
service area as approved by AmeriCorps and implemented by the sponsor.
Proprietary Health Care Agency. Private, for-profit health care
organization that serves one or more vulnerable populations.
Service area. The geographically defined area(s) in which Senior
Companions are enrolled and placed on assignments.
Service schedule. A written delineation of the days and times a
Senior Companion serves each week.
Sponsor. A public agency, including Indian Tribes as defined in
section 421(5) of the Act, and private, non-profit organizations, both
secular and faith-based, in the United States that have authority to
accept and the capability to administer a Senior Companion project.
Stipend. A payment to Senior Companions to enable them to serve
without cost to themselves. The amount of the stipend is set by
AmeriCorps in accordance with Federal law.
United States and territories. Each of the several States, the
District of Columbia, the U.S. Virgin Islands, the Commonwealth of
Puerto Rico, Guam and American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territories of the Pacific Islands.
Volunteer assignment plan. A written description of a Senior
Companion's assignment with a client. The plan identifies specific
outcomes for the client and the activities of the Senior Companion.
Volunteer station. A public agency; a private, non-profit
organization, secular or faith-based; or a proprietary health care
organization. A volunteer station must accept responsibility for the
assignment and supervision of Senior Companions in health, education,
social service, or related settings such as multi-purpose centers, home
health care agencies, or similar establishments. Each volunteer station
must be licensed or otherwise certified, when required, by the
appropriate state or local government. Private homes are not volunteer
stations.

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 paragraph (h) to read as follows:

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

* * * * *
(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:

[[Page 70542]]

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.
* * * * *

Sec. 2551.91 [Amended]

0
9. In Sec. 2551.91, remove ``CNCS' '' and add in its place
``AmeriCorps' '' wherever it appears.

0
10. 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
11. Revise the heading of subpart K to read as follows:

Subpart K--Non-AmeriCorps Funded Senior Companion Projects

Sec. 2551.114 [Amended]

0
12. In Sec. 2551.114, remove ``non-CNCS'' and add in its place ``non-
AmeriCorps'' and remove ``CNCS' '' and add in its place ``AmeriCorps'
''.

0
13. 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. 2551.122 [Amended]

0
14. In Sec. 2551.122, remove ``CNCS's'' and add in its place
``AmeriCorps' ``.

Sec. Sec. 2551.21 through 2551.122 [Amended]

0
15. In addition to the amendments set forth above, in Sec. Sec.
2551.21 through 2551.122, remove ``CNCS'' and add in its place the word
``AmeriCorps''.

Sec. Sec. 2551.92, 2551.102, 2551.112, and 2551.113 [Amended]

0
16. In addition to the amendments set forth above, in Sec. Sec.
2551.92, 2551.102, 2551.112, and 2551.113, remove ``non-CNCS'' and add
in its place the word ``non-AmeriCorps''.

PART 2552--FOSTER GRANDPARENT PROGRAM

0
17. The authority for part 2552 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
18. Revise and republish Sec. 2552.12 to read as follows:

Sec. 2552.12 Definitions.

[[Page 70543]]

negotiated in the Memorandum of Understanding.
In-home. The non-institutional assignment of a Foster Grandparent
in a private residence or a foster home.
Letter of Agreement. A written agreement between a volunteer
station or sponsor and the person(s) served or the person legally
responsible for that person. It authorizes the assignment of an FGP
volunteer in the home of a client, defines FGP volunteer activities,
and specifies supervision arrangements.
Memorandum of Understanding. A written statement prepared and
signed by the Foster Grandparent project sponsor and the volunteer
station that identifies project requirements, working relationships,
and mutual responsibilities.
Non-AmeriCorps support (excess). The amount of non-Federal cash and
in-kind contributions generated by a sponsor in excess of the required
percentage.
Non-AmeriCorps support (match). The percentage share of non-
AmeriCorps cash and in-kind contributions required to be raised by the
sponsor in support of the grant.
Non-AmeriCorps support (excess). The amount of non-Federal cash and
in-kind contributions generated by a sponsor in excess of the required
percentage.
Parent. A natural parent or a person acting in place of a natural
parent, such as a guardian, a child's natural grandparent, or a step-
parent with whom the child lives. The term also includes otherwise-
unrelated individuals who are legally responsible for a child's
welfare.
Performance measures. Indicators that help determine the impact of
an FGP project on the community and clients served, including the
volunteers.
Project. The locally planned FGP activity or set of activities in a
service area as approved by AmeriCorps and implemented by the sponsor.
Proprietary Health Care Agency. Private, for-profit health care
organization that serves one or more vulnerable populations.
Service area. The geographically defined area(s) in which Foster
Grandparents are enrolled and placed on assignments.
Service schedule. A written delineation of the days and times a
Foster Grandparent serves each week.
Sponsor. A public agency, including Indian Tribes as defined in
section 421(5) of the Act, and private, non-profit organizations, both
secular and faith-based, in the United States that have authority to
accept and the capability to administer a Foster Grandparent project.
Stipend. A payment to Foster Grandparents to enable them to serve
without cost to themselves. The amount of the stipend is set by
AmeriCorps in accordance with Federal law.
United States and Territories. Each of the several States, the
District of Columbia, the U.S. Virgin Islands, the Commonwealth of
Puerto Rico, Guam and American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territories of the Pacific Islands.
Volunteer assignment plan. A written description of a Foster
Grandparent's assignment with a child. The plan identifies specific
outcomes for the child and the activities of the Foster Grandparent.
Volunteer station. A public agency; a private, non-profit
organization, secular or faith-based; or a proprietary health care
organization. A volunteer station must accept responsibility for the
assignment and supervision of Foster Grandparents in health, education,
social service, or related settings such as multi-purpose centers, home
health care agencies, or similar establishments. Each volunteer station
must be licensed or otherwise certified, when required, by the
appropriate state or local government. Private homes are not volunteer
stations.

0
19. 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
20. In Sec. 2552.25, revise paragraph (h) to read as follows:

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

0
21. Revise the heading for subpart C to read as follows:

Subpart C--Suspension and Termination of AmeriCorps Assistance

Sec. 2552.43 [Amended]

0
22. 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
23. In Sec. 2552.44, revise paragraph (a)(3) to read as follows:

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

0
24. 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
25. In Sec. 2552.92, revise paragraph (e) to read as follows:

Sec. 2552.92 What are project funding requirements?

[[Page 70544]]

established by AmeriCorps, but may not use AmeriCorps funding for this
purpose.

0
26. Revise the heading of subpart K to read as follows:

Subpart K--Non-AmeriCorps Funded Foster Grandparent Projects

Sec. 2552.112 [Amended]

0
27. In addition Sec. 2552.112 introductory text, remove ``Non-CNCS''
and add in its place ``non-AmeriCorps''.

0
28. 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. 2552.21 through 2552.122 [Amended]

0
29. In addition to the amendments set forth above, in Sec. Sec.
2552.21 through 2552.122, remove ``CNCS'' and add in its place the word
``AmeriCorps'' wherever it appears.

Sec. Sec. 2552.91, 2552.114, and 2552.122 [Amended]

0
30. In addition to the amendments set forth above, in Sec. Sec.
2552.91, 2552.114, and 2552.122, remove ``CNCS' '' and add in its place
``AmeriCorps' ''wherever it appears.

Sec. Sec. 2552.92, 2552.102, 2552.112, 2552.113, and
2552.114 [Amended]

0
31. In addition to the amendments set forth above, in Sec. Sec.
2552.92, 2552.102, 2552.112, 2552.113, and 2552.114, remove ``non-
CNCS'' and add in its place ``non-AmeriCorps'' wherever it appears.

PART 2553--THE RETIRED AND SENIOR VOLUNTEER PROGRAM

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

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

0
33. Revise and republish Sec. 2553.12 to read as follows:

Sec. 2553.12 Definitions.

Act. The Domestic Volunteer Service Act of 1973, as amended, Public
Law 93-113, Oct. 1, 1973, 87 Stat. 396, 42 U.S.C. 4950 et seq.
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.
Assignment. The activities, functions, or responsibilities to be
performed by volunteers identified in a written outline or description.
Assignment description. The written description of the activities,
functions, or responsibilities to be performed by RSVP volunteers.
Chief Executive Officer. The Chief Executive Officer of AmeriCorps
appointed under the National and Community Service Act of 1990, as
amended, (NCSA), 42 U.S.C. 12501 et seq.
Cost reimbursements. Reimbursements budgeted as Volunteer Expenses
and provided to volunteers, including stipends to cover incidental
costs, transportation, meals, recognition, supplemental accident,
personal liability and excess automobile liability insurance, and other
expenses as negotiated in the Memorandum of Understanding.
Letter of Agreement. A written agreement between a volunteer
station or sponsor and the person(s) served or the person legally
responsible for that person. It authorizes the assignment of an RSVP
volunteer in the home of a client, defines RSVP volunteer activities,
and specifies supervision arrangements.
Memorandum of Understanding. A written statement prepared and
signed by the RSVP project sponsor and the volunteer station that
identifies project requirements, working relationships, and mutual
responsibilities.
Non-AmeriCorps support (excess). The amount of non-AmeriCorps cash
and in-kind contributions generated by a sponsor in excess of the
required percentage.
Non-AmeriCorps support (match). The percentage share of non-
AmeriCorps cash and in-kind contributions required to be raised by the
sponsor in support of the grant.
Performance measures. Indicators that help determine the impact of
an RSVP project on the community, including the volunteers.
Project. The locally planned RSVP activity or set of activities in
a service area as approved by AmeriCorps and implemented by the
sponsor.
Proprietary Health Care Agency. Private, for-profit health care
organization that serves one or more vulnerable populations.
Service area. The geographically defined area(s) approved in the
grant application, in which RSVP volunteers are enrolled and placed on
assignments.
Sponsor. A public agency, including Indian Tribes as defined in
section 421(5) of the Act, and private, non-profit organizations, both
secular and faith-based, in the United States that have authority to
accept and the capability to administer an RSVP project.
United States and Territories. Each of the several States, the
District of Columbia, the U.S. Virgin Islands, the Commonwealth of
Puerto Rico, Guam and American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territories of the Pacific Islands.
Volunteer station. A public agency; a private, non-profit
organization, secular or faith-based; or a proprietary health care
organization. A volunteer station must accept responsibility for the
assignment and supervision of RSVP volunteers in health, education,
social service, or related settings such as multi-purpose centers, home
health care agencies, or similar establishments. Each volunteer station
must be licensed or otherwise certified, when required, by the
appropriate state or local government. Private homes are not volunteer
stations.

0
34. In Sec. 2553.25, revise paragraph (h) to read as follows:

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

Sec. 2553.43 [Amended]

0
35. In Sec. 2553.43, in paragraph (b)(2) introductory text, remove
``CNCS-

[[Page 70545]]

specified'' and add in its place ``AmeriCorps-specified''.

Sec. 2553.71 [Amended]

0
36. In Sec. 2553.71, in the paragraph (b) heading, remove the words
``the Corporation'' and add in their place the word ``AmeriCorps''.

0
37. In Sec. 2553.72, revise the paragraph (a) 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
38. Revise the heading to subpart H to read as follows:

Subpart H--Non-AmeriCorps Funded Projects

0
39. 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. 2553.21 through 2553.108 [Amended]

0
40. In addition to the amendments set forth above, in Sec. Sec.
2553.21 through 2553.108, remove ``CNCS'' and add in its place the word
``AmeriCorps'' wherever it appears.

Sec. Sec. 2553.71, 2553.84, and 2553.92 [Amended]

0
41. In addition to the amendments set forth above, in Sec. Sec.
2553.71, 2553.84, and 2553.92, remove ``CNCS' '' and add in its place
the word ``AmeriCorps' '' wherever it appears.

Sec. Sec. 2553.72, 2553.82, 2553.83, and 2553.84 [Amended]

0
42. In addition to the amendments set forth above, in Sec. Sec.
2553.72, 2553.82, 2553.83, and 2553.84, remove ``non-CNCS'' and add in
its place ``non-AmeriCorps'' wherever it appears.

Andrea Grill,
Acting General Counsel.
[FR Doc. 2024-19348 Filed 8-29-24; 8:45 am]
BILLING CODE 6050-28-P

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Indexed from Federal Register on August 30, 2024.

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