Proposed Rule2024-28765
Restrictions on Operation of AmeriCorps Seniors Programs
Primary source
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Published
December 12, 2024
Issuing agencies
Corporation for National and Community Service
Abstract
The Corporation for National and Community Service (operating as AmeriCorps) is requesting comment on certain restrictions on the operation of AmeriCorps Seniors programs. These restrictions, which are contained in AmeriCorps' current regulations, include a prohibition on State Commissions operating AmeriCorps Seniors programs, a prohibition on AmeriCorps Seniors grantees delegating or contracting overall management responsibilities to another entity, a limitation on for- profit childcare organizations' facilities being used as volunteer sites, and the requirement for AmeriCorps Seniors grantees to carry certain types of insurance. This advance notice of proposed rulemaking (ANPRM) seeks public input on whether these prohibitions and requirements should be retained without change, modified, or removed.
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Proposed Rules]
[Pages 100456-100458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28765]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2550, 2551, 2552, 2553
RIN 3045-AA91
Restrictions on Operation of AmeriCorps Seniors Programs
AGENCY: Corporation for National and Community Service.
ACTION: Advance notice of proposed rulemaking; request for comments.
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[[Page 100457]]
SUMMARY: The Corporation for National and Community Service (operating
as AmeriCorps) is requesting comment on certain restrictions on the
operation of AmeriCorps Seniors programs. These restrictions, which are
contained in AmeriCorps' current regulations, include a prohibition on
State Commissions operating AmeriCorps Seniors programs, a prohibition
on AmeriCorps Seniors grantees delegating or contracting overall
management responsibilities to another entity, a limitation on for-
profit childcare organizations' facilities being used as volunteer
sites, and the requirement for AmeriCorps Seniors grantees to carry
certain types of insurance. This advance notice of proposed rulemaking
(ANPRM) seeks public input on whether these prohibitions and
requirements should be retained without change, modified, or removed.
DATES: Written comments must be submitted by February 10, 2025.
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 send your comments to Elizabeth
Appel, Associate General Counsel, at <a href="/cdn-cgi/l/email-protection#adc8ccddddc8c1edccc0c8dfc4cec2dfddde83cac2db"><span class="__cf_email__" data-cfemail="dbbebaababbeb79bbab6bea9b2b8b4a9aba8f5bcb4ad">[email 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#bac8d9d5c8d3d4ded5fadbd7dfc8d3d9d5c8cac994ddd5cc"><span class="__cf_email__" data-cfemail="b8cadbd7cad1d6dcd7f8d9d5ddcad1dbd7cac8cb96dfd7ce">[email protected]</span></a>, (202) 489-5578.
SUPPLEMENTARY INFORMATION:
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
ANPRM requests public comment on four specific prohibitions and
restrictions applicable to these programs, as explained below.
1. Restriction on State Commissions Operating AmeriCorps Seniors
Programs
State Commissions are prohibited by regulation from directly
carrying out any national service program under title II of the
Domestic Volunteer Service Act of 1973, as amended (DVSA), 42 U.S.C.
4950 et seq. See 45 CFR 2550.80(j). Those programs include the four
programs operated by AmeriCorps Seniors. A separate regulatory
provision prohibits any AmeriCorps Seniors grantee from delegating or
contracting overall management responsibilities to another entity. See
42 CFR 2551.22 (SCP), 2552.22 (FGP), and 2553.22 (RSVP). Together,
these two restrictions effectively create a categorical ban on State
Commissions being AmeriCorps Seniors grantees--as they can neither
directly operate nor delegate/contract the program.
There is no statutory prohibition on State Commissions operating
AmeriCorps Seniors programs. There is a statutory prohibition on State
Commissions directly carrying out programs receiving AmeriCorps State
and National (ASN) grants. See 42 U.S.C. 12638(h). In 1993, a
regulatory provision expanding on this statutory prohibition was issued
to also prohibit Commissions from operating AmeriCorps Seniors or VISTA
programs. See 58 FR 60978 (November 18, 1993) (providing no explanation
for expansion of the prohibition). In 2005, AmeriCorps removed VISTA
programs from the regulatory prohibition, but retained the prohibition
for AmeriCorps Seniors programs. See 70 FR 39562 (July 8, 2005). The
reasons stated for retaining the prohibition on State Commissions were
that the Agency did not believe that, without the ability to delegate
or subgrant program management, most State Commissions were in a
position to operate AmeriCorps Seniors programs directly, and that
local organizations were in the best position to identify local needs
and operate AmeriCorps Seniors programs. Id. at 39594. The Agency also
stated that it received no indication that State commissions were eager
to operate AmeriCorps Seniors programs. Id.
Since that time, it has become evident that at least one of the
justifications for the regulatory prohibitions no longer exists. There
is some State Commission interest in operating AmeriCorps Seniors
programs, as demonstrated by the fact that some State Commissions have
applied to operate AmeriCorps Seniors programs and some are currently
operating AmeriCorps Seniors programs under a waiver of the regulatory
prohibition. However, given the statutory prohibition on State
Commissions directly carrying out programs that receive ASN grants, the
State Commissions generally do not operate programs themselves; rather,
they facilitate the provision of grant funding to other more locally
based organizations. See generally, 42 U.S.C. 12638(e) (Duties of a
State Commission). AmeriCorps therefore requests public input on
whether to retain, modify, or remove the regulatory prohibition on
State commissions directly operating AmeriCorps Seniors programs and
the reasoning for retaining, modifying, or removing the regulatory
prohibition.
2. Restrictions on AmeriCorps Seniors Grantees Delegating or
Contracting
The current regulations require AmeriCorps Seniors grantees to
fulfill all project management requirements necessary to accomplish the
purposes of the program and prohibit them from delegating or
contracting (i.e., subcontracting) the overall management
responsibilities to another entity. See 45 CFR 2551.22, 2552.22, and
2553.22. The regulations also provide flexibility to AmeriCorps to
determine what types of management responsibilities may or may not be
contracted. Id. Removal of the general prohibition on delegating or
subcontracting would enable small grantees to obtain assistance from
outside experts on financial management. Grantees sometimes lack
financial management experts in house and would benefit by
subcontracting for recordkeeping, accounting, and other professional
financial services. Possible benefits to this approach include freeing
up time to allow in-house staff to focus on programmatic goals and
reducing audit and monitoring findings that might arise from a lack of
expertise in financial management systems and internal controls.
Removing the prohibition on grantees delegating or contracting out
management responsibilities could also increase State Commissions'
ability to directly carry out AmeriCorps Seniors programs. AmeriCorps
therefore seeks public comment on whether and why to retain, modify, or
remove the prohibition on delegating or contracting management duties.
3. Limitation on For-Profit Childcare or Educational Centers Being
Volunteer Sites for Foster Grandparents
Sponsors (grantees) in the Foster Grandparent Program are
responsible for developing and managing one or more volunteer stations,
including ensuring that each is a public or non-profit private
organization or an eligible proprietary health care agency. See 45 CFR
2552.23(c)(1) and 2552.12 (definition of ``volunteer station''). The
regulations allow for proprietary health care organizations to serve as
volunteer stations. Proprietary health care organizations have been
included as a volunteer station type since before 1983, and in 2018,
the Agency added a definition of ``proprietary health care
organization'' as a ``private, for-profit health care organization that
serves one or more vulnerable populations.'' See 83 FR 64636 (December
17, 2018). AmeriCorps Seniors is considering adding a similar allowance
for proprietary childcare organizations,
[[Page 100458]]
which would be defined as private, for-profit childcare or child-
education organizations that serve one or more vulnerable populations
with a high percentage of those populations represented in the children
and families serviced. Sometimes there are no nonprofit childcare
organizations in or near communities where there are children in need
of Foster Grandparent services, but there are for-profit childcare
organizations in the communities. Allowing childcare organizations to
serve as volunteer stations, when there are not enough non-profit
organizations, would help AmeriCorps Seniors volunteers, and
particularly Foster Grandparent volunteers, provide services to more
children and provide ways for those communities to receive the services
they need. AmeriCorps therefore seeks public comment on whether to add
for-profit child-care organizations to the list of organization types
eligible to be a volunteer station, whether for-profit child-care
organizations should be eligible to be a volunteer station only when
there are no non-profit child-care organizations in or near the
communities, and whether there is any basis for continuing to exclude
them.
4. Requirements for Insurance
Current regulations require grantees (sponsors) to provide
appropriate coverage for AmeriCorps Seniors volunteers, including
accident insurance, personal liability insurance, and excess automobile
liability insurance. See 45 CFR 2551.25, 2552.25, and 2553.25. The
regulations explain each of these types of insurance and allow for
reimbursement of costs associated with the insurance if grantees
maintain the insurance at minimum levels set by AmeriCorps. See 45 CFR
2551.46(b), 2552.46(b), and 2553.46(b). These insurance requirements
are intended to help protect both volunteers and grantees in the event
of accidents or injuries that might occur during an AmeriCorps Seniors
volunteer's service. However, insurance is not required by statute and
some grantees find it challenging to secure it. AmeriCorps therefore
seeks public comment on whether to remove the requirement for grantees
to obtain insurance but retain insurance premiums as allowable costs
for cost reimbursement should grantees choose to obtain the listed
insurance types.
Regulatory Analyses
This ANPRM was developed in accordance with the principles of
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,'' E.O.
13563, ``Improving Regulation and Regulatory Review,'' and E.O. 14094,
``Modernizing Regulatory Review.'' Since this action is an ANPRM, it
does not create, or propose to create, any new requirements. Therefore,
this regulatory action is not significant under section 3(f) of E.O.
12866.
The requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) do not apply to this action because at this stage, it is an ANPRM
and not a ``rule'' as defined in 5 U.S.C. 601. Following review of the
comments received in response to this ANPRM, if AmeriCorps proceeds
with a notice of proposed rulemaking regarding this matter, AmeriCorps
will conduct all relevant analyses as required by statute or Executive
Order.
Andrea Grill,
Acting General Counsel.
[FR Doc. 2024-28765 Filed 12-11-24; 8:45 am]
BILLING CODE 6050-28-P
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