AmeriCorps Seniors Regulation Updates, 70536-70545 [2024-19348]

Agencies

• Corporation for National and Community Service

[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 [www.gpo.gov]
[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 [email protected], (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:
     The value of shelter, food, and clothing if provided at no 
cost by relatives of the volunteer or volunteer's spouse;
     Strike benefits;
     Training stipends; and
     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.

    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.
    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's or enrollee's total income, as 
calculated in Sec.  2552.44, over the preceding 12 months.
    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.
    Child. Any individual who is less than 21 years of age.
    Children having exceptional needs. Children who have a 
developmental disability, such as those who have autism; an 
intellectual disability; cerebral palsy or epilepsy; a visual, speech, 
hearing, or orthopedic impairment; an emotional, behavioral, or 
language disorder; a specific learning disability; multiple 
disabilities; other significant health impairments; or have literacy, 
math or other educational assistance needs. Before a Foster Grandparent 
is assigned to a child, existence of the child's exceptional need shall 
be verified by an appropriate professional, such as a physician; 
psychiatrist; psychologist, including school psychologists; registered 
nurse or licensed practical nurse; speech therapist; licensed clinical 
social worker; or educator.
    Children with special needs. Children who are abused or neglected, 
in need of foster care, adjudicated youth, homeless youth, teenage 
parents, and children in need of protective intervention in their 
homes. Existence of a child's special need shall be verified by an 
appropriate professional before a Foster Grandparent is assigned to the 
child.
    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

[[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?

* * * * *
    (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
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?

    (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
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?

* * * * *
    (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

[[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?

* * * * *
    (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.  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?

* * * * *
    (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.
* * * * *


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