Restrictions on Operation of AmeriCorps Seniors Programs, 100456-100458 [2024-28765]

Agencies

• Corporation for National and Community Service

[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 [www.gpo.gov]
[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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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 
www.regulations.gov. You may also send your comments to Elizabeth 
Appel, Associate General Counsel, at [email protected] 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 [email protected], (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,

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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