[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Proposed Rules]
[Pages 11233-11239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02772]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 2551, 2552, and 2553

RIN 3045-AA81


AmeriCorps Seniors Regulation Updates

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule with request for comments.

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

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

ADDRESSES: You may send your comments electronically through the 
Federal Government's one-stop rulemaking website at 
www.regulations.gov. You may also

[[Page 11234]]

send your comments to Elizabeth Appel, Associate General Counsel, at 
<a href="/cdn-cgi/l/email-protection#a1c4c0d1d1c4cde1c0ccc4d3c8c2ced3d1d28fc6ced7"><span class="__cf_email__" data-cfemail="a2c7c3d2d2c7cee2c3cfc7d0cbc1cdd0d2d18cc5cdd4">[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#16647579647f78727956777b73647f757964666538717960"><span class="__cf_email__" data-cfemail="a3d1c0ccd1cacdc7cce3c2cec6d1cac0ccd1d3d08dc4ccd5">[email protected]</span></a>, (202) 489-5578.

SUPPLEMENTARY INFORMATION:

I. Background

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

II. Overview of Proposed Rule

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

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

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

[[Page 11235]]

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

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

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

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

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

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

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

[[Page 11236]]

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

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

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

III. Regulatory Analyses

A. Executive Orders 12866 and 13563

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

B. Regulatory Flexibility Act

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

C. Unfunded Mandates Reform Act of 1995

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

D. Paperwork Reduction Act

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

E. Executive Order 13132, Federalism

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

F. Takings (Executive Order 12630)

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

G. Civil Justice Reform (Executive Order 12988)

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

H. Consultation With Indian Tribes (Executive Order 13175)

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

I. Clarity of This Regulation

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

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

    Aged, Grant programs--social programs, Volunteers.

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

[[Page 11237]]

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

PART 2551--SENIOR COMPANION PROGRAM

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

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

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


Sec.  2551.12  Definitions.

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


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

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


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

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

Subpart C--Suspension and Termination of AmeriCorps Assistance

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


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

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


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

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


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

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


Sec.  2551.92  What are project funding requirements?

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


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

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


Sec.  Sec.  2551.12 through 2551.122  [Amended]

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

PART 2552--FOSTER GRANDPARENT PROGRAM

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


[[Page 11238]]


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

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


Sec.  2552.12  Definitions.

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


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

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


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

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

Subpart C--Suspension and Termination of AmeriCorps Assistance


Sec.  2552.43  [Amended]

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


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

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


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

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


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

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


Sec.  2552.92  What are project funding requirements?

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


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

* * * * *
    (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.  2552.12 through 2552.122  [Amended]

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

PART 2553--THE RETIRED AND SENIOR VOLUNTEER PROGRAM

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

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

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

[[Page 11239]]

Sec.  2553.12  Definitions.

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


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

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


Sec.  2553.72  What are project funding requirements?

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


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

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


Sec. Sec.  2553.12 through 2553.108  [Amended]

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

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


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