Senior Corps: Senior Companion Program, Foster Grandparent Program, Retired and Senior Volunteer Program, 6740-6756 [2018-01462]
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6740
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 2551, 2552, and 2553
RIN 3045–AA63
Senior Corps: Senior Companion
Program, Foster Grandparent Program,
Retired and Senior Volunteer Program
Corporation for National and
Community Service.
ACTION: Proposed rule.
AGENCY:
The Corporation for National
and Community Service (CNCS)
proposes changes to existing regulations
under the Domestic Volunteer Service
Act of 1973, as amended, for the
following Senior Corps programs: Foster
Grandparent Program (FGP), Senior
Companion Program (SCP), and the
Retired Senior Volunteer Program
(RSVP). These amendments will
increase flexibility in program
administration while maintaining
accountability at the local level, correct
grammatical errors, update language
that is currently used by CNCS, and
streamline requirements for more
effective administration of projects in
local communities.
DATES: To be sure your comments are
considered, they must reach CNCS on or
before April 16, 2018.
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 electronically to
SeniorCorpsRegs@cns.gov. Also, you
may mail or deliver your comments to
Jill Sears, Senior Corps, at the
Corporation for National and
Community Service, 250 E Street SW,
Washington DC 20525. Due to
continued delays in CNCS’s receipt of
mail, we strongly encourage comments
to be submitted online electronically.
You may request this notice in an
alternative format for the visually
impaired. Members of the public may
review copies of all communications
received on this rulemaking at CNCS’s
Washington, DC office.
FOR FURTHER INFORMATION CONTACT: Jill
Sears, Senior Corps, at the Corporation
for National and Community Service,
250 E Street SW, Washington, DC
20525, phone 202–606–7577. The TDD/
TTY number is 800–833–3722.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
The National Senior Service Corps
known today as Senior Corps is
comprised of three separate programs;
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the Senior Companion Program (SCP),
the Foster Grandparent Program (FGP)
and the Retired and Senior Volunteer
Program (RSVP).
The SCP engages low-income older
adults to help their more frail peers
remain independent in their homes.
Senior Companions provide
companionship and support to older
adults in need of extra assistance to
remain at home or in the community for
as long as possible as well as provide
respite for caregivers. Senior
Companions receive a small stipend
enabling them to participate without
cost to themselves.
The FGP engages low-income older
adults in opportunities to provide oneto-one mentoring, nurturing, and
support to children with special or
exceptional needs, or who are in
academic, social, or financial
disadvantage. Foster Grandparents
receive a small stipend enabling them to
participate without cost to themselves.
RSVP promotes the engagement of
older persons as community resources
in planning for community
improvement and in delivery of
volunteer services. RSVP matches the
skills of older adults, who are willing to
help with local organizations, with the
identified needs of the community.
The Older Americans Act of 1965
initiated the pilot demonstration
programs for the Foster Grandparent
and Senior Companion programs, and in
1969 an amendment to the Older
Americans Act created the RSVP.
In 1971, all three of the Senior Corps
programs were transferred from the
Administration on Aging to the former
Federal agency, ACTION (the Federal
Domestic Volunteer Agency). In 1973,
Congress enacted the Domestic
Volunteer Service Act of 1973 (DVSA),
Senior Corps’ enabling legislation.
Senior Corps continues to retain its
purpose, as stated in the DVSA, ‘‘to
provide opportunities for senior service
to meet unmet local, State, and national
needs in the areas of education, public
safety, emergency and disaster
preparedness, relief, and recovery,
health and human needs, and the
environment.’’
In 1994, the Corporation for National
and Community Service (CNCS) was
established pursuant to the National and
Community Service Trust Act of 1993;
at this time, the operations of all service
programs previously administered by
ACTION, including Senior Corps, began
to be administered by CNCS. Since
1994, Senior Corps continues to be
primarily operated and administered
under the DVSA.
In 2009, Congress enacted the Edward
M. Kennedy Serve America Act of 2009
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(Serve America Act), which contained
certain amendments to both the DVSA
and the NCSA. With regard to Senior
Corps, the Serve America Act
amendments largely related to initiating
competition for the RSVP, decreasing
the age limit for volunteers from 60 to
55 and modifying the income eligibility
requirements for SCP and FGP
volunteers.
II. Scope of Proposed Rule
The proposed amendments include
modifications to current program
requirements and technical updates in
the three Senior Corps programs, SCP,
FGP and RSVP. For the SCP, changes
are applicable to: Subpart A, General,
which includes technical updates to
definitions and the addition or
subtraction of certain definitions,
subpart B, Eligibility and Responsibility
of a Sponsor, which includes
modifications to specific administrative
responsibilities and technical updates,
subpart C, Suspension Termination and
Denial of Refunding, which includes
technical updates and clarifying
language, subpart D, Senior Companion
Eligibility, Status and Cost
Reimbursements, which include
technical updates, updating the income
exclusion list to specify public benefits
and disability benefits, removing the
requirement for annual physicals and
clarification of language to demonstrate
which cost reimbursements are optional
and which are required, subpart E,
Senior Companion Terms of Service,
which includes reducing the minimum
hour requirement and establishing
annual minimum and maximum hour
requirements, and making technical
updates, subpart F, Responsibilities of a
Volunteer Station, which includes
technical updates, subpart G, Senior
Companion Placement and
Assignments, which includes the
addition of a new section that
consolidates all regulations regarding
Senior Companion Leaders, and
technical updates, subpart I,
Application and Fiscal Requirements,
which includes technical updates,
clarification of how applications are
made to CNCS, and the removal of
regulations for the direct benefit ration,
or ‘‘80/20 rule,’’ subpart J, NonStipended Senior Companions, which
includes consolidation of regulations
and technical updates, subpart K, NonCorporation Funded SCP Projects,
which includes technical updates, and
subpart L, Restrictions and Legal
Representation, which includes
technical updates.
For the FGP, changes are applicable
to: Subpart A, General, which include
technical updates to definitions and the
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
addition or modification of certain
definitions, subpart B, Eligibility and
Responsibility of a Sponsor, which
include modifications to specific
administrative responsibilities and
technical updates, subpart C,
Suspension Termination and Denial of
Refunding, which include technical
updates, subpart D, Foster Grandparent
Eligibility, Status and Cost
Reimbursements, which include
technical updates, updating the income
exclusion list to specify public benefits
and disability benefits, removing the
requirement for annual physicals and
clarification of language to demonstrate
what cost reimbursements are optional
and what are required, subpart E, Foster
Grandparent Terms of Service, which
include reducing the minimum hour
requirement and establishing annual
minimum and maximum hour
requirements, and technical updates,
subpart F, Responsibilities of a
Volunteer Station, which include
technical updates, subpart G, Foster
Grandparent Placement and
Assignments, which include technical
updates, subpart H, Children Served,
which include language updates,
subpart I, Application and Fiscal
Requirements, which include technical
updates, clarification of how
applications are made to CNCS, and the
removal of regulations for the direct
benefit ration, or ‘‘80/20 rule,’’ subpart
J, Non-Stipended Foster Grandparents,
which include consolidation of
regulations and technical updates,
subpart K, Non-Corporation Funded
Foster Grandparent Program Projects,
which include technical updates, and
subpart L, Restrictions and Legal
Representation, which include technical
updates.
For the RSVP, changes are applicable
to: Subpart A, General, which include
technical updates to definitions and the
addition or modification of certain
definitions, subpart B, Eligibility and
Responsibility of a Sponsor, which
include modifications to specific
administrative responsibilities and
technical updates, subpart C,
Suspension Termination and Denial of
Refunding, which include technical
updates, subpart D, Eligibility, Cost
Reimbursements and Volunteer
Assignments, which include technical
updates and clarification of language to
demonstrate what cost reimbursements
are optional and what are required,
subpart E, Volunteer Terms of Service,
which include technical updates,
subpart F, Responsibilities of a
Volunteer Station, which include the
removal of a cap on volunteers used to
assist with project administration and
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support as well as technical updates,
subpart G, Application and Fiscal
Requirements, which include technical
updates, and the removal of regulations
that were specific to the enactment of
competition for RSVP in 2013, subpart
H, Non-Corporation Funded Projects,
which include technical updates,
subpart I, Restrictions and Legal
Representation, which include technical
updates, subpart J, Performance
Measurement, which include
consolidation of this part as well as
clarification of grantee responsibilities.
III. Effective Date
CNCS intends to make any final rule
based on this proposal effective no
sooner than 90 days after the final rule
is published in the Federal Register.
IV. Regulatory Procedures
Executive Order 12866
CNCS has determined that the
proposed rule is not an ‘‘economically
significant’’ rule within the meaning of
E.O. 12866 because it is not likely to
result in: (1) An annual effect on the
economy of $100 million or more, or an
adverse and material effect on a sector
of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal government or communities; (2)
the creation of a serious inconsistency
or interference with an action taken or
planned by another agency; (3) a
material alteration in the budgetary
impacts of entitlement, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or (4)
the raising of novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in E.O. 12866.
Regulatory Flexibility Act
As required by the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605
(b)), CNCS certifies that this rule, if
adopted, will not have a significant
economic impact on a substantial
number of small entities. This
regulatory action will not result in (1) an
annual effect on the economy of $100
million or more; (2) a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or (3) significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets. Therefore,
CNCS has not performed the initial
regulatory flexibility analysis that is
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required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) for
major rules that are expected to have
such results.
Unfunded Mandates
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 either Federal, State,
local, or tribal governments in the
aggregate, or impose an annual burden
exceeding $100 million on the private
sector.
Paperwork Reduction Act
This proposed rule addresses the
requirement that entities that wish to
apply to be Senior Corps SCP, FGP, or
RSVP sponsors complete an application.
Consistent with this requirement are
two documents: The FGP/SCP Grant
Application and the RSVP Grant
Application (https://www.national
service.gov/documents/senior-corps/
2015/2016-fgpscp-grant-applicationinstructions; https://www.national
service.gov/documents/senior-corps/
2015/rsvp-grant-applicationinstructions).
This requirement constitutes one set
of information under the Paperwork
Reduction Act (PRA), 44 U.S.C. 507 et
seq. OMB, in accordance with the
Paperwork Reduction Act, has
previously approved these information
collections for use. The OMB Control
Number for both the FGP/SCP Grant
Application and the RSVP Grant
Application is 3045–0035.
Under the PRA, an agency may not
conduct or sponsor a collection of
information unless the collections of
information displays valid control
numbers. This proposed rule’s
collections of information are contained
in 45 CFR part 2551, subparts B, D, F,
G, and I, part 2552, subpart B, D, F, G,
and I, and part 2553, subparts B, D, F,
G, and I for the FGP/SCP Grant
Application and the RSVP Grant
Application, respectively.
This information is necessary to
ensure that only eligible and qualified
entities serve as Senior Corps sponsors.
This information is also necessary to
ensure that only eligible and suitable
individuals are approved by the Senior
Corps SCP, FGP, or RSVP programs to
serve as volunteers in the SCP, FGP, or
RSVP programs.
The likely respondents to these
collections of information are entities
interested in or seeking to become
Senior Corps SCP, FGP or RSVP
sponsors and current sponsors.
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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. The
proposed rule does not have any
Federalism implications, as described
above.
List of Subjects
45 CFR Part 2551
Aged, Grant programs—social
programs, Volunteers.
45 CFR Part 2552
Aged, Grant programs—social
programs, Volunteers.
45 CFR Part 2553
Aged, Grant programs—social
programs, Volunteers.
For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
proposes to amend chapter XXV, title 45
of the Code of Federal Regulations as
follows:
PART 2551—SENIOR COMPANION
PROGRAM
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.
2. Amend § 2551.12 as follows:
a. Remove paragraphs (f), (l), (m), (o),
(t), and (u).
■ b. Remove all alphabetical paragraph
designations.
■ c. Revise the definitions of ‘‘Adequate
staffing level’’ and ‘‘Chief Executive
Officer’’.
■ d. Add the definition of ‘‘CNCS’’.
■ e. Revise the definitions of ‘‘Cost
reimbursements’’, ‘‘Letter of
Agreement’’, and ‘‘National Senior
Service Corps (NSSC)’’.
■ f. Add the definitions of ‘‘Non-CNCS
support (excess)’’, ‘‘Non-CNCS support
(match)’’, and ‘‘Performance measures’’
in alphabetical order.
■ g. Revise the definition of ‘‘Project’’.
■ h. Add the definition of ‘‘Proprietary
Health Care Organization’’ in
alphabetical order.
■ i. Revise the definitions of ‘‘Service
area’’, ‘‘Sponsor’’, and ‘‘Stipend’’.
■ j. Add the definition of ‘‘United States
and Territories’’ in alphabetical order.
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■
■
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k. Revise the definitions of ‘‘Volunteer
assignment plan’’ and ‘‘Volunteer
station’’.
The revisions and additions read as
follows:
■
§ 2551.12
Definitions.
*
*
*
*
*
Adequate staffing level. The number
of project staff or full time equivalent
needed by a sponsor to manage the
National Senior Service Corps (NSSC)
project operations considering such
factors as: Number of budgeted
Volunteer Service Years (VSYs), number
of volunteer stations, and the size of the
service area.
*
*
*
*
*
Chief Executive Officer. The Chief
Executive Officer of CNCS appointed
under the National and Community
Service Act of 1990, as amended,
(NCSA), 42 U.S.C. 12501 et seq.
CNCS. The Corporation for National
and Community Service established
under the NCSA.
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 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.
*
*
*
*
*
National Senior Service Corps
(NSSC). The collective name for the
Senior Companion Program (SCP), the
Foster Grandparent Program (FGP), the
Retired and Senior Volunteer Program
(RSVP), and, and Demonstration
Programs, all of which are established
under Parts A, B, C, and E, Title II of
the Act. NSSC is also referred to as the
‘‘Senior Corps’’.
Non-CNCS support (excess). The
amount of non-CNCS cash and in-kind
contributions generated by a sponsor in
excess of the required percentage.
Non-CNCS support (match). The
percentage share of non-CNCS 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.
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Project. The locally planned SCP
activity or set of activities in a service
area as approved by CNCS and
implemented by the sponsor.
Proprietary Health Care
Organizations. 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.
*
*
*
*
*
Sponsor. A public agency, including
Indian tribes as defined in section 421
(5) of the Act, and non-profit private
organizations, both secular and faithbased, 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
minimum amount of the stipend is set
by CNCS 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, and 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 served 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 multipurpose 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.
■ 3. Revise § 2551.21 to read as follows:
§ 2551.21 Who is eligible to serve as a
sponsor?
CNCS awards grants to public
agencies, including Indian tribes as
defined in section 421 (5) of the Act,
and non-profit private organizations,
both secular and faith-based, in the
United States that have authority to
accept and the capability to administer
a Senior Companion project.
■ 4. Revise § 2551.22 to read as follows:
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§ 2551.22 What are the responsibilities of
a sponsor?
A sponsor is responsible for fulfilling
all project management requirements
necessary to accomplish the purposes of
the Senior Companion Program as
specified in the Act. A sponsor shall not
delegate or contract these overall
management responsibilities to another
entity. CNCS retains the right to
determine what types of management
responsibilities may or may not be
contracted.
■ 5. Amend § 2551.23 as follows:
■ a. Revise the section heading and
paragraphs (a), (b), and (c) introductory
text.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (c)(2)(iii).
■ c. Revise paragraphs (c)(2)(iv), (f), and
(g).
■ d. Remove paragraphs (i) and (j);
■ e. Redesignate paragraphs (k) and (l)
as (i) and (j), respectively, and revise
newly redesignated paragraphs (i) and
(j).
■ f. Add new paragraphs (k) and (l).
The revisions and additions read as
follows:
§ 2551.23 What are a sponsor’s project
responsibilities?
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*
*
*
*
*
(a) Focus Senior Companion resources
within the project’s service area, on
critical problems affecting the frail
elderly and other adults with special
needs.
(b) In collaboration with other
community organizations or by using
existing assessments, assess the needs of
the community or service area, and
develop strategies to respond to
identified needs using Senior
Companions.
(c) Develop and manage one or more
volunteer stations by:
*
*
*
*
*
(2) * * *
(iv) That states the station will not
discriminate against SCP volunteers,
service beneficiaries, or in the operation
of its program on the basis of race, color,
national origin including individuals
with limited English proficiency,
gender, age, religion, sexual orientation,
disability, gender identity or expression,
political affiliation, marital or parental
status, or military service; and
*
*
*
*
*
(f) Provide Senior Companions with
assignments that show direct and
demonstrable benefits to the adults and
the community served, the Senior
Companions, and the volunteer station;
with required cost reimbursements
specified in § 2551.46; with 20 hours of
pre-service orientation and at least 24
hours annually of in-service training.
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(g) Encourage the most efficient and
effective use of Senior Companions by
coordinating project services and
activities with related national, state
and local programs, including other
CNCS programs.
*
*
*
*
*
(i) Establish written service policies
for Senior Companions that include but
are not limited to:
(1) Annual and sick leave.
(2) Holidays.
(3) Service schedules.
(4) Termination and appeal
procedures.
(5) Meal and transportation
reimbursements.
(j) Conduct National Service Criminal
History Checks in accordance with the
requirements in 45 CFR 2540.200
through 2540.207.
(k) Provide Senior Companion
volunteers with cost reimbursements
specified in this section.
(l) Make every effort to meet such
performance measures as established in
the approved grant application.
■ 6. Revise § 2551.24(a)(2), (3), and (4)
to read as follows;
§ 2551.24 What are a sponsor’s
responsibilities for securing community
participation?
(a) * * *
(2) With an interest in the field of
community service and volunteerism;
(3) Capable of helping the sponsor
satisfy its administrative and program
responsibilities including fund-raising,
publicity, and meeting or exceeding
performance measures;
(4) With an interest in, and knowledge
of, the range of abilities of older adults;
and
*
*
*
*
*
■ 7. Amend § 2551.25 as follows:
■ a. Revise paragraph (c).
■ b. Remove paragraph (e).
■ c. Redesignate paragraphs (f) through
(h) as (e) through (g) and revise newly
redesignated paragraphs (e) through (g).
The revisions read as follows.
§ 2551.25 What are a sponsor’s
administrative responsibilities?
*
*
*
*
*
(c) Employ a full-time project director
to accomplish project objectives and
manage the functions and activities
delegate to project staff for Senior Corps
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. A full-time project
director shall not serve concurrently in
another capacity, paid or unpaid, during
established working hours. A sponsor
may negotiate the employment of a part-
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time project director with CNCS when
the sponsor can demonstrate that such
an arrangement will not adversely affect
the size, scope, or quality of project
operations.
*
*
*
*
*
(e) Establish risk management policies
and procedures covering Senior
Companion project activities. This
includes provision of appropriate
insurance coverage for Senior
Companions, which includes; accident
insurance, personal liability insurance,
and excess automobile liability
insurance.
(f) Establish record keeping and
reporting systems in compliance with
CNCS requirements that ensure quality
of program and fiscal operations,
facilitate timely and accurate
submission of required reports and
cooperate with CNCS evaluation and
data collection efforts.
(g) Comply with, and ensure that all
volunteer stations comply with, all
applicable civil rights laws and
regulations, including nondiscrimination based on disability.
§ 2551.33
[Removed and Reserved]
8. Remove and reserve § 2551.33.
9. Revise § 2551.34(a)(3) and (b) to
read as follows:
■
■
§ 2551.34 What are the rules on
suspension, termination, and denial of
refunding of grants?
(a) * * *
(3) In any case where an application
for refunding is denied for failure to
comply with the terms and conditions
of the grant, the recipient shall be
afforded an opportunity for an informal
hearing before an impartial hearing
officer, who has been agreed to by the
recipient and CNCS; and
*
*
*
*
*
(b) Hearings or other meetings as may
be necessary to fulfill the requirements
of this section should, to the extent
practicable, be held in locations
convenient to the recipient agency.
*
*
*
*
*
■ 10. Amend § 2551.41 as follows:
■ a. Add the word ‘‘and’’ at the end of
paragraph (a)(1).
■ b. Remove paragraphs (a)(2) and (3).
■ c. Redesignate paragraph (a)(4) as
(a)(2).
■ d. Revise paragraph (b).
The revision reads as follows:
§ 2551.41 Who is eligible to be a Senior
Companion?
*
*
*
*
*
(b) Eligibility to serve as a Senior
Companion shall not be restricted on
the basis of formal education,
experience, race, color, national origin
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including limited English proficiency,
gender, age, religion, sexual orientation,
disability, gender identity or expression,
political affiliation, marital or parental
status, or military service.
■ 11. Revise § 2551.43(b) to read as
follows:
■
■
b. Remove paragraph (f).
c. Redesignate (g) as (f) and revise
newly redesignated paragraph (f).
The revisions read as follows:
incurred while performing their
assignments.
■ 15. Revise § 2551.47 to read as
follows:
§ 2551.46 What cost reimbursements and
benefits are provided to Senior
Companions?
§ 2551.43 What income guidelines govern
eligibility to serve as a stipended Senior
Companion?
Cost reimbursements and benefits
include:
(a) Stipend. The stipend is paid for
the time Senior Companions spend with
their assigned client, for earned leave,
and for attendance at official project
events.
(b) Insurance. A Senior Companion is
provided with the CNCS specified
minimum levels of insurance as follows:
(1) Accident insurance. Accident
insurance covers Senior Companions for
personal injury during travel between
their homes and places of assignment,
during their service, during meal
periods while serving as a Senior
Companion, and while attending
project-sponsored activities. Protection
shall be provided against claims in
excess of any benefits or services for
medical care or treatment available to
the Senior Companion from other
sources.
(2) Personal liability insurance.
Protection is provided against claims in
excess of protection provided by other
insurance. Such protection does not
include professional liability coverage.
(3) * * *
(i) * * *
(A) Liability insurance Senior
Companions carry on their own
automobiles; or
(B) The limits of applicable state
financial responsibility law, or in its
absence, levels of protection to be
determined by CNCS for each person,
each accident, and for property damage.
(ii) Senior Companions who drive
their personal vehicles to, or on,
assignments or project-related activities,
shall maintain personal automobile
liability insurance equal to or exceeding
the levels established by CNCS.
(c) Transportation. Senior
Companions shall receive assistance
with the cost of transportation to and
from, assignments and official project
activities, including orientation,
training, and recognition events.
(d) Meals. Senior Companions may be
provided assistance with the cost of
meals taken while on assignment,
within limits of the project’s available
resources.
(e) Recognition. Senior Companion
volunteers shall be provided recognition
for their service.
(f) Other volunteer expenses. Senior
Companions may also be reimbursed for
allowable out-of-pocket expenses
§ 2551.47 May the cost reimbursements
and benefits of a Senior Companion be
subject to any tax or charge, be treated as
wages or compensation, or affect eligibility
to receive assistance from other programs?
*
*
*
*
*
(b) For applicants to become
stipended Senior Companions, annual
income is projected for the following 12
months, based on 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.
*
*
*
*
*
■ 12. Amend § 2551.44 as follows:
■ a. Revise paragraphs (a)(1) and (3).
■ b. Remove the period at the end of
paragraph (b)(2) and add a semicolon in
its place.
■ c. Add paragraphs (b)(3) through (5).
The revisions and additions read as
follows:
§ 2551.44 What is considered income for
determining volunteer eligibility?
(a) * * *
(1) Money, wages, and salaries before
any deduction;
*
*
*
*
*
(3) Social Security, Unemployment or
Workers Compensation, strike benefits,
training stipends, alimony, and military
family allotments, or other regular
support from an absent family member
or someone not living in the household;
*
*
*
*
*
(b) * * *
(3) Regular payments for public
assistance, including Supplemental
Nutrition Assistance Program (SNAP);
(4) Social Security Disability or any
type of disability payment; and
(5) Food or rent received in lieu of
wages.
■ 13. Revise § 2551.45 to read as
follows:
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§ 2551.45 Is a Senior Companion a federal
employee, an employee of the sponsor or
of the volunteer station?
Senior Companions are volunteers,
and are not employees of the sponsor,
the volunteer station, CNCS, or the
Federal Government.
■ 14. Amend § 2551.46 as follows:
■ a. Revise the section heading,
introductory text, and paragraphs (a), (b)
introductory text, (b)(1) and (2),
(b)(3)(i)(A) and (B), (b)(3)(ii), (c), (d), and
(e).
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No. Senior Companion’s cost
reimbursements and benefits are not
subject to any tax or charge or treated
as wages or compensation for the
purposes of unemployment insurance,
worker’s compensation, temporary
disability, retirement, public assistance,
or similar benefit payments or minimum
wage laws. Cost reimbursements and
benefits are not subject to garnishment
and do not reduce or eliminate the level
of, or eligibility for, assistance or
services a Senior Companion may be
receiving under any governmental
program.
■ 16. Revise § 2551.51 to read as
follows:
§ 2551.51 What are the terms of service of
a Senior Companion?
A Senior Companion shall serve a
minimum of 260 hours annually, or a
minimum of 5 hours per week. A Senior
Companion may serve a maximum of
2080 hours annually, or a maximum of
40 hours per week.
■ 17. Revise § 2551.52(c) to read as
follows:
§ 2551.52 What factors are considered in
determining a Senior Companion’s service
schedule?
*
*
*
*
*
(c) Meal time may be part of the
service schedule and is stipended.
■ 18. Revise § 2551.53 to read as
follows:
§ 2551.53 Under what circumstances may
a Senior Companion be removed from
service?
(a) A sponsor may remove a Senior
Companion from service for cause.
Grounds for removal include, but are
not limited to: Extensive and
unauthorized absences; misconduct;
failure to perform assignments or failure
to accept supervision. A Senior
Companion may also be removed from
stipended service for having income in
excess of the eligibility level. A Senior
Companion shall be removed
immediately if ineligible to serve based
on criminal history check results.
(b) The sponsor shall establish
appropriate policies on removal from
service, as well as procedures for
appeal.
■ 19. Revise § 2551.61 to read as
follows:
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§ 2551.61 May a sponsor serve as a
volunteer station?
Yes. A sponsor may serve as a
volunteer station, if the activities are
part of a work plan in the approved
project application.
■ 20. Amend § 2551.62 as follows:
■ a. Revise paragraphs (c) and (d).
■ b. Add the word ‘‘and’’ at the end of
paragraph (e)(1).
■ c. Revise paragraph (e)(2).
■ d. Remove paragraph (e)(3).
■ e. Revise paragraphs (i) and (j).
The revisions read as follows:
§ 2551.62 What are the responsibilities of
a volunteer station?
*
*
*
*
*
(c) Develop a written volunteer
assignment plan for each Senior
Companion that identifies their roles
and activities, each client served, and
expected outcomes.
(d) Keep a Letter of Agreement for
each client who receives in-home
service.
(e) * * *
(2) Resources required for
performance of assignments, including
reasonable accommodation, as needed,
to enable Senior Companions with
disabilities to perform the essential
functions of their service.
*
*
*
*
*
(i) Comply with all applicable civil
rights laws and regulations, including
providing Senior Companions with
disabilities reasonable accommodation,
to perform the essential functions of
their service.
(j) Undertake such other
responsibilities as may be necessary for
the successful performance of Senior
Companions in their assignments or as
agreed to in the Memorandum of
Understanding.
§ 2551.71
[Amended]
21. Amend § 2551.71 by removing
paragraph (b) and redesignating
paragraph (c) as (b).
■ 22. Amend § 2551.72 as follows:
■ a. Revise the section heading and
paragraph (a)(5).
■ b. Remove and reserve paragraph (b).
■ c. Remove paragraph (c).
The revisions read as follows:
■
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§ 2551.72 Is a written volunteer
assignment plan required for each Senior
Companion?
(a) * * *
(5) Is used to review the impact of the
assignment on the client(s).
*
*
*
*
*
■ 23. Add § 2551.73 to read as follows:
§ 2551.73 May a Senior Companion serve
as a volunteer leader?
Yes. Senior Companions—who on the
basis of experience as volunteers,
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special skills, and demonstrated
leadership abilities—may spend time, in
addition to their regular assignment, to
assist newer Senior Companion
volunteers in performing their
assignments and in coordinating
activities of such volunteers.
(a) All Senior Companions serving as
volunteer leaders shall receive a written
volunteer assignment plan developed by
the volunteer station that:
(1) Is approved by the sponsor and
accepted by the Senior Companion;
(2) Identifies the role and activities of
the Senior Companion and expected
outcomes;
(3) Addresses the period of time of
service; and
(4) Is used to review the status of the
Senior Companion’s services identified
in the assignment plan, as well as the
impact of those services.
(b) While serving in the capacity of a
volunteer leader, a Senior Companion
may be paid a stipend (at the same rate
as the established Senior Companion
stipend) for his or her additional hours
served as a volunteer leader.
(c) Senior Companion leaders,
through recognition, may receive an
additional monetary incentive.
■ 24. Revise § 2551.91 to read as
follows:
§ 2551.91 What is the process for
application and award of a grant?
(a) How and when may an eligible
organization apply for a grant? (1) An
eligible organization may file an
application in response to CNCS’
published request, such as a Notice of
Funding Opportunity or a Notice of
Funding Availability. Applicants are not
assured of selection or approval and
may have to compete with other
applicants.
(2) The applicant shall comply with
the provisions of Executive Order
12372, ‘‘Intergovernmental Review of
Federal Programs,’’ (3 CFR, 1982 Comp.,
p. 197) in 45 CFR part 1233 and any
other applicable requirements.
(b) Who reviews the merits of an
application and how is a grant
awarded? (1) CNCS reviews and
determines the merit of an application
by its responsiveness to published
guidelines and to the overall purposes
and objectives of the program. When
funds are available, CNCS awards a
grant in writing to each applicant whose
grant proposal provides the best
potential for serving the purpose of the
program.
(2) The award will be documented by
the Notice of Grant Award (NGA). CNCS
and the sponsoring organization are the
parties to the NGA. The NGA will
document the sponsor’s commitment to
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6745
fulfill specific programmatic objectives
and financial obligations. It will
document the extent of CNCS’
obligation to provide financial support
to the sponsor.
(c) What happens if CNCS rejects an
application? CNCS will return an
application that is not approved for
funding to the applicant with an
explanation of CNCS’ decision.
(d) For what period of time does
CNCS award a grant? CNCS awards a
Senior Companion grant for a specified
period that is usually 12 months in
duration.
■ 25. Amend § 2551.92 as follows:
■ a. Revise paragraphs (a), (b)
introductory text, (c), and (d).
■ b. Remove paragraph (e).
■ c. Redesignate paragraph (f) as (e) and
revise newly redesignated paragraph (e).
The revisions read as follows:
§ 2551.92 What are project funding
requirements?
(a) Is non-CNCS support required? A
CNCS grant may be awarded to fund up
to 90 percent of the cost of development
and operation of a Senior Companion
project. The sponsor is required to
contribute at least 10 percent of the total
project cost from non-Federal sources or
authorized Federal sources.
(b) Under what circumstances does
CNCS allow less than the 10 percent
non-CNCS support? CNCS may allow
exceptions to the 10 percent local
support requirement in cases of
demonstrated need such as:
*
*
*
*
*
(c) May CNCS restrict how a sponsor
uses locally generated contributions in
excess of the 10 percent non-CNCS
support required? Whenever locally
generated contributions to Senior
Companion projects are in excess of the
minimum 10 percent non-CNCS support
required, CNCS may not restrict the
manner in which such contributions are
expended provided such expenditures
are consistent with the provisions of the
Act.
(d) Are program expenditures subject
to audit? All expenditures by the
grantee of Federal and non-Federal
funds, including expenditures from
excess locally generated contributions
in support of the grant, are subject to
audit by CNCS, its Inspector General, or
their authorized agents.
(e) May a sponsor pay stipends at
rates different than those established by
CNCS? No, a sponsor shall pay stipends
at rates established by CNCS.
■ 26. Amend § 2551.93 as follows:
■ a. Revise the section heading.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (a)(3).
■ c. Revise paragraph (a)(4).
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§ 2551.103 Must a sponsor be required to
enroll non-stipended Senior Companions?
d. Add paragraph (a)(5).
e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as
follows:
■
■
No. Enrollment of non-stipended
Senior Companions is not a condition
for a sponsor to receive a new or
continuation grant.
§ 2551.93 What are a sponsor’s legal
requirements in managing grants?
*
*
*
*
*
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS
requirements.
(b) Project support provided under a
CNCS grant shall be furnished at the
lowest possible cost consistent with the
effective operation of the project.
*
*
*
*
*
(e) Payments to settle discrimination
complaints, either through a settlement
agreement or formal adjudication, are
not allowable costs.
(f) Written CNCS approval is required
for the following changes in the
approved grant:
(1) Reduction in budgeted volunteer
service years.
(2) Change in the service area.
■ 27. Revise § 2551.101 to read as
follows:
§ 2551.101 What rule governs the
recruitment and enrollment of persons who
do not meet the income eligibility
guidelines to serve as Senior Companions?
Over-income persons as described in
§ 2551.43, age 55 or over, may be
enrolled in SCP project as nonstipended volunteers.
■ 28. Amend § 2551.102 as follows:
■ a. Revise paragraphs (b) and (d).
■ b. Remove paragraphs (e) and (f).
■ c. Redesignate paragraph (g) as (e) and
revise newly redesignated paragraph (e).
The revisions read as follows:
§ 2551.102 What are the conditions of
service of non-stipended Senior
Companions?
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*
*
*
*
*
(b) No special privilege or status is
granted or created among Senior
Companions, whether stipended or nonstipended, and equal treatment is
required.
*
*
*
*
*
(d) All regulations and requirements
applicable to the program apply to
Senior Companions.
*
*
*
*
*
(e) Non-stipended Senior Companions
may contribute the costs they incur in
connection with their participation in
the program. An SCP project may not
count such contributions as part of the
required non-CNCS support (match) for
the grant.
■ 29. Revise § 2551.103 to read as
follows:
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§ 2551.104
[Removed and Reserved]
30. Remove and reserve § 2551.104.
31. Revise the heading for subpart K
to read as follows:
■
■
Subpart K—Non-CNCS Funded Senior
Companion Projects
32. Revise § 2551.111 to read as
follows:
■
§ 2551.111 Under what conditions may an
agency or organization sponsor a Senior
Companion project without CNCS funding?
An eligible agency or organization
who wishes to sponsor a Senior
Companion project without CNCS
funding must make an application
through the designated grants
management system which is approved
by CNCS and documented through the
Notice of Grant Agreement (NGA).
■ 33. Amend § 2551.112 by revising the
section heading, introductory text, and
paragraph (a) to read as follows:
§ 2551.112 What benefits are a non-CNCS
funded project entitled to?
The Notice of Grant Award entitles
the sponsor of a Non-CNCS funded
project to:
(a) All technical assistance and
materials provided to CNCS funded
Senior Companion projects; and
*
*
*
*
*
■ 34. Revise § 2551.113 to read as
follows:
§ 2551.113 What financial obligation does
CNCS incur for non-CNCS funded projects?
Issuance of an NGA to a sponsor of a
non-CNCS funded project does not
create a financial obligation on the part
of CNCS for any costs associated with
the project.
■ 35. Revise § 2551.114 to read as
follows:
§ 2551.114 What happens if a non-CNCS
funded sponsor does not comply with the
NGA?
A non-CNCS funded project sponsor’s
noncompliance with the NGA may
result in suspension or termination
CNCS’ agreement and all benefits
specified in § 2551.112.
■ 36. Revise § 2551.121(c)(2), (g), and
(h) to read as follows:
§ 2551.121 What legal limitations apply to
the operation of the Senior Companion
Program and to the expenditure of grant
funds?
*
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*
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(c) * * *
(2) This section does not prohibit a
sponsor from soliciting and accepting
voluntary contributions from the
community at large to meet its local
support obligations under the grant or
from entering into agreements with
parties other than beneficiaries to
support additional volunteers beyond
those supported by CNCS.
*
*
*
*
*
(g) Religious activities. (1) A Senior
Companion or a member of the project
staff funded by CNCS shall not give
religious instruction, conduct worship
services, or engage in any form of
proselytization as part of his/her duties.
(2) A sponsor or volunteer station may
retain its independence and may
continue to carry out its mission,
including the definition, development,
practice, and expression of its religious
beliefs, provided that it does not use
CNCS funds to support any inherently
religious activities, such as worship,
religious instruction, or proselytization,
as part of the programs or services
funded. If an organization conducts
such activities, the activities must be
offered separately, in time or location,
from the programs or services funded
under this part.
(h) Nepotism. Persons selected for
project staff positions shall not be
related by blood or marriage to other
project staff, sponsor staff or officers, or
members of the sponsor Board of
Directors, unless there is written
concurrence from the Advisory Council
or community group established by the
sponsor under subpart B of this part,
and with notification to CNCS.
■ 37. Revise § 2551.122 to read as
follows:
§ 2551.122 What legal coverage does
CNCS make available to Senior
Companions?
It is within CNCS’s discretion to
determine if Counsel is employed and
counsel fees, court costs, bail and other
expenses incidental to the defense of a
SCP volunteer are paid in a criminal,
civil or administrative proceeding,
when such a proceeding arises directly
out of performance of the volunteer’s
activities. The circumstances under
which CNCS may pay such expenses are
specified in 45 CFR part 1220.
PART 2552—FOSTER GRANDPARENT
PROGRAM
38. The authority citation 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.
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39. Revise § 2552.11 to read as
follows:
■
§ 2552.11 What is the Foster Grandparent
Program?
The Foster Grandparent Program
provides grants to qualified agencies
and organizations 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. 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.
■ 40. Amend § 2552.12 as follows:
■ a. Remove paragraphs (h), (n), (o), (r),
(w), and (x).
■ b. Remove all alphabetical paragraph
designations.
■ c. Revise the definitions of ‘‘Adequate
staffing level’’, ‘‘Chief Executive
Officer’’, and ‘‘Children having
exceptional needs’’.
■ d. Add the definition of ‘‘CNCS’’.
■ e. Revise the definitions of ‘‘Cost
reimbursements’’, ‘‘Letter of
Agreement’’, and ‘‘National Senior
Service Corps (NSSC)’’.
■ f. Add the definitions of ‘‘Non-CNCS
support (excess)’’, ‘‘Non-CNCS support
(match)’’, and ‘‘Performance measures’’
in alphabetical order.
■ g. Revise the definition of ‘‘Project’’.
■ h. Add the definition of ‘‘Proprietary
Health Care Organization’’ in
alphabetical order.
■ i. Revise the definitions of ‘‘Service
area’’, ‘‘Sponsor’’, and ‘‘Stipend’’.
■ j. Add the definition of ‘‘United States
and Territories’’ in alphabetical order.
■ k. Revise the definitions of ‘‘Volunteer
assignment plan’’ and ‘‘Volunteer
station’’.
The revisions and additions read as
follows:
§ 2552.12
Definitions.
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*
*
*
*
*
Adequate staffing level. The number
of project staff or full time equivalent
needed by a sponsor to manage the
National Senior Service Corps (NSSC)
project operations considering such
factors as: number of budgeted
Volunteer Service Years (VSYs), number
of volunteer stations, and the size of the
service area.
*
*
*
*
*
Chief Executive Officer. The Chief
Executive Officer of CNCS appointed
under the National and Community
Service Act of 1990, as amended,
(NCSA), 42 U.S.C. 12501 et seq.
*
*
*
*
*
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Children having exceptional needs.
Children who have a developmental
disability, such as those who have
autism, intellectual disability, cerebral
palsy or epilepsy, a visual impairment,
speech impairment, hearing
impairment, or orthopedic impairment,
an emotional or behavioral disorder, a
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 the child,
existence of a 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.
*
*
*
*
*
CNCS. The Corporation for National
and Community Service established
under the NCSA.
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 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.
*
*
*
*
*
National Senior Service Corps
(NSSC). 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. NSSC
is also referred to as the ‘‘Senior Corps’’.
Non-CNCS support (excess). The
amount of non-Federal cash and in-kind
contributions generated by a sponsor in
excess of the required percentage.
Non-CNCS support (match). The
percentage share of non-CNCS 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 FGP
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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 CNCS and
implemented by the sponsor.
Proprietary Health Care
Organizations. 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.
*
*
*
*
*
Sponsor. A public agency, including
Indian tribes as defined in section 421
(5) of the Act, and non-profit private
organizations, both secular and faithbased, 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
minimum amount of the stipend is set
by CNCS 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, and 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 served 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.
■ 41. Revise § 2552.21 to read as
follows:
§ 2552.21 Who is eligible to serve as a
sponsor?
CNCS awards grants to public
agencies, including Indian tribes as
defined in section 421 (5) of the Act,
and non-profit private organizations,
both secular and faith-based, in the
United States that have authority to
accept and the capability to administer
a Foster Grandparent project.
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42. Revise § 2552.22 to read as
follows:
■
§ 2552.22 What are the responsibilities of
a sponsor?
A sponsor is responsible for fulfilling
all project management requirements
necessary to accomplish the purposes of
the Foster Grandparent Program as
specified in the Act. A sponsor shall not
delegate or contract these overall
management responsibilities to another
entity. CNCS retains the right to
determine what types of management
responsibilities may or may not be
contracted.
■ 43. Amend § 2552.23 as follows:
■ a. Revise the section heading and
paragraphs (a), (b), and (c) introductory
text.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (c)(2)(iii).
■ c. Revise paragraphs (c)(2)(iv), (f), and
(g).
■ d. Remove paragraphs (i) and (j).
■ e. Redesignate paragraphs (k) and (l)
as (i) and (j), respectively, and revise
newly redesignated paragraphs (i) and
(j).
■ f. Add new paragraphs (k) through (l).
The revisions and additions read as
follows:
§ 2552.23 What are a sponsor’s project
responsibilities?
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*
*
*
*
*
(a) Focus Foster Grandparent
resources, within the project’s service
area, on providing supportive services
and companionship to children with
special and exceptional needs, or in
circumstances that limit their academic,
social or emotional development.
(b) In collaboration with other
community organizations or by using
existing assessments, assess the needs of
the community or service area, and
develop strategies to respond to
identified needs using Foster
Grandparents.
(c) Develop and manage one or more
volunteer stations by:
*
*
*
*
*
(2) * * *
(iv) That states the station will not
discriminate against FGP volunteers,
service beneficiaries, or in the operation
of its program on the basis of race, color,
national origin including individuals
with limited English proficiency,
gender, age, religion, sexual orientation,
disability, gender identity or expression,
political affiliation, marital or parental
status, or military service; and
*
*
*
*
*
(f) Provide Foster Grandparents with
assignments that show direct and
demonstrable benefits to the children
and the community served, the Foster
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Grandparents, and the volunteer station;
with required cost reimbursements
specified in § 2552.46; with 20 hours of
pre-service orientation and at least 24
hours annually of in-service training.
(g) Encourage the most efficient and
effective use of Foster Grandparents by
coordinating project services and
activities with related national, state
and local programs, including other
CNCS programs.
*
*
*
*
*
(i) Establish written service policies
for Foster Grandparents that include but
are not limited to:
(1) Annual and sick leave.
(2) Holidays.
(3) Service schedules.
(4) Termination and appeal
procedures.
(5) Meal and transportation
reimbursements.
(j) Conduct National Service Criminal
History Checks in accordance with the
requirements in 45 CFR 2540.200
through 2540.207.
(k) Provide Foster Grandparent
volunteers with cost reimbursements
specified in this section.
(l) Make every effort to meet such
performance measures as established in
the approved grant application.
■ 44. Revise § 2552.24(a)(2), (3), and (4)
to read as follows:
organizations. A full-time project
director shall not serve concurrently in
another capacity, paid or unpaid, during
established working hours. A sponsor
may negotiate the employment of a parttime project director with CNCS when
the sponsor can demonstrate that such
an arrangement will not adversely affect
the size, scope or quality of project
operations.
*
*
*
*
*
(e) Establish risk management policies
and procedures covering Foster
Grandparent project activities. This
includes provision of appropriate
insurance coverage for Foster
Grandparents, which includes; accident
insurance, personal liability insurance,
and excess automobile liability
insurance.
(f) Establish record keeping and
reporting systems in compliance with
CNCS requirements that ensure quality
of program and fiscal operations,
facilitate timely and accurate
submission of required reports and
cooperate with CNCS evaluation and
data collection efforts.
(g) Comply with, and ensure that all
volunteer stations comply with, all
applicable civil rights laws and
regulations, including nondiscrimination based on disability.
§ 2552.33
§ 2552.24 What are a sponsor’s
responsibilities for securing community
participation?
(a) * * *
(2) With an interest in the field of
community service and volunteerism;
(3) Capable of helping the sponsor
satisfy its administrative and program
responsibilities including fund-raising,
publicity and meeting or exceeding
performance measures;
(4) With an interest in, and knowledge
of, the range of abilities of older adults;
and
*
*
*
*
*
■ 45. Amend § 2552.25 as follows:
■ a. Revise paragraph (c).
■ b. Remove paragraph (e).
■ c. Redesignate paragraphs (f) through
(h) as (e) through (g) and revise newly
redesignated paragraphs (e) through (g).
The revisions read as follows:
§ 2552.25 What are a sponsor’s
administrative responsibilities?
*
*
*
*
*
(c) Employ a full-time project director
to accomplish project objectives and
manage the functions and activities
delegate to project staff for Senior Corps
project(s) within its control. The project
director may participate in activities to
coordinate project resources with those
of related local agencies, boards or
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[Removed and Reserved]
46. Remove and reserve § 2552.33.
47. Revise § 2552.34(a)(3) and (b) to
read as follows:
■
■
§ 2552.34 What are the rules on
suspension, termination, and denial of
refunding of grants?
(a) * * *
(3) In any case where an application
for refunding is denied for failure to
comply with the terms and conditions
of the grant, the recipient shall be
afforded an opportunity for an informal
hearing before an impartial hearing
officer, who has been agreed to by the
recipient and CNCS; and
*
*
*
*
*
(b) Hearings or other meetings as may
be necessary to fulfill the requirements
of this section should, to the extent
practicable, be held in locations
convenient to the recipient agency.
*
*
*
*
*
■ 48. Revise the heading for subpart D
to read as follows:
Subpart D—Foster Grandparent
Eligibility, Status, Cost
Reimbursements and Benefits
49. Amend § 2552.41 as follows:
a. Add the word ‘‘and’’ at the end of
paragraph (a)(1).
■ b. Remove paragraphs (a)(2) and (3).
■
■
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§ 2552.45 Is a Foster Grandparent a federal
employee, an employee of the sponsor or
of the volunteer station?
c. Redesignate paragraph (a)(4) as
(a)(2) and revise newly redesignated
paragraph (a)(2).
■ d. Revise paragraph (b).
The revision reads as follows:
■
§ 2552.41 Who is eligible to be a Foster
Grandparent?
(a) * * *
(2) In order to receive a stipend, have
an income that is within the income
eligibility guidelines specified in this
subpart.
(b) Eligibility to serve as a Foster
Grandparent shall not be restricted on
the basis of formal education,
experience, race, color, national origin
including limited English proficiency,
gender, age, religion, sexual orientation,
disability, gender identity or expression,
political affiliation, marital or parental
status, or military service.
■ 50. Revise § 2552.43(b) to read as
follows:
§ 2552.43 What income guidelines govern
eligibility to serve as a stipended Foster
Grandparent?
*
*
*
*
*
(b) For applicants to become
stipended Foster Grandparents, annual
income is projected for the following 12
months, based on 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.
*
*
*
*
*
■ 51. Amend § 2552.44 by revising
paragraphs (a)(1) and (3) and adding
paragraphs (b)(3) through (5) to read as
follows:
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§ 2552.44 What is considered income for
determining volunteer eligibility?
(a) * * *
(1) Money, wages, and salaries before
any deduction;
*
*
*
*
*
(3) Social Security, Unemployment or
Workers Compensation, strike benefits,
training stipends, alimony, and military
family allotments, or other regular
support from an absent family member
or someone not living in the household;
*
*
*
*
*
(b) * * *
(3) Regular payments for public
assistance including the Supplemental
Nutrition Assistance Program (SNAP);
(4) Social Security Disability or any
type of disability payment; and
(5) Food or rent received in lieu of
wages.
■ 52. Revise § 2552.45 to read as
follows:
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Foster Grandparents are volunteers,
and are not employees of the sponsor,
the volunteer station, CNCS or the
Federal Government.
■ 53. Amend § 2552.46 by revising the
section heading, introductory text, and
paragraphs (a), (b) introductory text,
(b)(1) and (2), (b)(3)(i)(A) and (B),
(b)(3)(ii), (c), (d), (e), and (f) to read as
follows:
§ 2552.46 What cost reimbursements and
benefits are provided to Foster
Grandparents?
Cost reimbursements and benefits
include:
(a) Stipend. The stipend is paid for
the time Foster Grandparents spend
with their assigned children, for earned
leave, and for attendance at official
project events.
(b) Insurance. A Foster Grandparent is
provided with the CNCS specified
minimum levels of insurance as follows:
(1) Accident insurance. Accident
insurance covers Foster Grandparents
for personal injury during travel
between their homes and places of
assignment, during their service, during
meal periods while serving as a Foster
Grandparent, and while attending
project-sponsored activities. Protection
shall be provided against claims in
excess of any benefits or services for
medical care or treatment available to
the Foster Grandparent from other
sources.
(2) Personal liability insurance.
Protection is provided against claims in
excess of protection provided by other
insurance. Such protection does not
include professional liability coverage.
(3) * * *
(i) * * *
(A) Liability insurance Foster
Grandparents carry on their own
automobiles; or
(B) The limits of applicable state
financial responsibility law, or in its
absence, levels of protection to be
determined by CNCS for each person,
each accident, and for property damage.
(ii) Foster Grandparents who drive
their personal vehicles to, or on,
assignments or project-related activities,
shall maintain personal automobile
liability insurance equal to or exceeding
the levels established by CNCS.
(c) Transportation. Foster
Grandparents shall receive assistance
with the cost of transportation to and
from, assignments and official project
activities, including orientation,
training, and recognition events.
(d) Meals. Foster Grandparents may
be provided assistance with the cost of
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6749
meals taken while on assignment,
within limits of the project’s available
resources.
(e) Recognition. Foster Grandparent
volunteers shall be provided recognition
for their service.
(f) Other volunteer expenses. Foster
Grandparents may also be reimbursed
for allowable out-of-pocket expenses
incurred while performing their
assignments
■ 54. Revise § 2552.47 to read as
follows:
§ 2552.47 May the cost reimbursements
and benefits received by a Foster
Grandparent be subject to any tax or
charge, be treated as wages or
compensation, or affect eligibility to receive
assistance from other programs?
No. Foster Grandparent’s cost
reimbursements and benefits are not
subject to any tax or charge or treated
as wages or compensation for the
purposes of unemployment insurance,
worker’s compensation, temporary
disability, retirement, public assistance,
or similar benefit payments or minimum
wage laws. Cost reimbursements and
benefits are not subject to garnishment
and do not reduce or eliminate the level
of, or eligibility for, assistance or
services a Foster Grandparent may be
receiving under any governmental
program.
■ 55. Revise § 2552.51 to read as
follows:
§ 2552.51 What are the terms of service of
a Foster Grandparent?
A Foster Grandparent shall serve a
minimum of 260 hours annually, or a
minimum of 5 hours per week. A Senior
Companion may serve a maximum of
2080 hours annually, or a maximum of
40 hours per week.
■ 56. Revise § 2552.52(c) to read as
follows:
§ 2552.52 What factors are considered in
determining a Foster Grandparent’s service
schedule?
*
*
*
*
*
(c) Meal time may be part of the
service schedule and is stipended.
■ 57. Revise § 2552.53 to read as
follows:
§ 2552.53 Under what circumstances may
a Foster Grandparent be removed from
service?
(a) A sponsor may remove a Foster
Grandparent from service for cause.
Grounds for removal include, but are
not limited to: Extensive and
unauthorized absences; misconduct;
failure to perform assignments or failure
to accept supervision. A Foster
Grandparent may also be removed from
stipended service for having income in
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excess of the eligibility level. A Foster
Grandparent shall be removed
immediately if ineligible to serve based
on criminal history check results.
(b) The sponsor shall establish
appropriate policies on removal from
service, as well as procedures for
appeal.
■ 58. Revise § 2552.61 to read as
follows:
§ 2552.61 May a sponsor serve as a
volunteer station?
cannot be assigned to roles such as
teacher’s aides, group leaders or other
similar positions that would detract
from the person-to-person relationship.
*
*
*
*
*
■ 61. Amend § 2552.72 as follows:
■ a. Revise the section heading and
paragraph (a)(5).
■ b. Remove and reserve paragraph (b).
§ 2552.72 Is a written volunteer
assignment plan required for each Foster
Grandparent?
Yes. A sponsor may serve as a
volunteer station, if the activities are
part of a work plan in the approved
project application.
■ 59. Amend § 2552.62 as follows:
■ a. Revise paragraphs (c) and (d).
■ b. Add the word ‘‘and’’ to the end of
paragraph (e)(1).
■ c. Revise paragraph (e)(2).
■ d. Remove paragraph (e)(3).
■ e. Revise paragraphs (i) and (j).
The revisions read as follows:
(a) * * *
(5) Is used to review the impact of the
assignment on the child(ren).
*
*
*
*
*
■ 62. Revise the heading for subpart H
to read as follows:
§ 2552.62 What are the responsibilities of
a volunteer station?
*
Subpart H—Children and Youth Served
63. Revise the heading for § 2552.81 to
read as follows:
■
§ 2552.81
*
*
*
*
(c) Develop a written volunteer
assignment plan for each Foster
Grandparent that identifies their roles
and activities, each child served, and
expected outcomes.
(d) Keep a Letter of Agreement for
each child who receives in-home
service.
(e) * * *
(2) Resources required for
performance of assignments, including
reasonable accommodation, as needed,
to enable Foster Grandparents with
disabilities to perform the essential
functions of their service; and
*
*
*
*
*
(i) Comply with all applicable civil
rights laws and regulations, including
providing Foster Grandparents with
disabilities reasonable accommodation,
to perform the essential functions of
their service.
(j) Undertake such other
responsibilities as may be necessary for
the successful performance of Foster
Grandparents in their assignments or as
agreed to in the Memorandum of
Understanding.
■ 60. Revise § 2552.71(a) and (b) to read
as follows:
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*
§ 2552.71 What requirements govern the
assignment of Foster Grandparents?
*
*
*
*
*
(a) Provide for Foster Grandparents to
give direct services to one or more
eligible children.
(b) Result in person-to-person
supportive relationships with each child
served. Foster Grandparent volunteers
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Who is eligible to be served?
*
*
*
*
■ 64. Revise § 2552.82(a) introductory
text to read as follows:
§ 2552.82 Under what circumstances may
a Foster Grandparent continue to serve an
individual beyond his or her 21st birthday?
(a) Only when a Foster Grandparent
has been assigned to, and has developed
a relationship with an individual with
a disability, may that assignment
continue beyond the individual’s 21st
birthday, provided that:
*
*
*
*
*
■ 65. Revise § 2552.91 to read as
follows:
§ 2552.91 What is the process for
application and award of a grant?
(a) How and when may an eligible
organization apply for a grant? (1) An
eligible organization may file an
application in response to CNCS’
published request, such as a Notice of
Funding Opportunity or a Notice of
Funding Availability. Applicants are not
assured of selection or approval and
may have to compete with other
applicants.
(2) The applicant shall comply with
the provisions of Executive Order
12372, ‘‘Intergovernmental Review of
Federal Programs,’’ (3 CFR, 1982 Comp.,
p. 197) in 45 CFR part 1233 and any
other applicable requirements.
(b) Who reviews the merits of an
application and how is a grant
awarded? (1) CNCS reviews and
determines the merit of an application
by its responsiveness to published
guidelines and to the overall purposes
and objectives of the program. When
funds are available, CNCS awards a
grant in writing to each applicant whose
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grant proposal provides the best
potential for serving the purpose of the
program.
(2) The award will be documented by
the Notice of Grant Award (NGA). CNCS
and the sponsoring organization are the
parties to the NGA. The NGA will
document the sponsor’s commitment to
fulfill specific programmatic objectives
and financial obligations. It will
document the extent of CNCS’
obligation to provide financial support
to the sponsor.
(c) What happens if CNCS rejects an
application? CNCS will return an
application that is not approved for
funding to the applicant with an
explanation of CNCS’ decision.
(d) For what period of time does
CNCS award a grant? CNCS awards a
Foster Grandparent grant for a specified
period that is usually 12 months in
duration.
■ 66. Amend § 2552.92 as follows;
■ a. Revise paragraphs (a), (b)
introductory text, (c), and (d).
■ b. Remove paragraph (e).
■ c. Redesignate paragraph (f) as (e) and
revise newly redesignated paragraph (e).
The revisions read as follows:
§ 2552.92 What are project funding
requirements?
(a) Is non-CNCS support required? A
CNCS grant may be awarded to fund up
to 90 percent of the cost of development
and operation of a Foster Grandparent
project. The sponsor is required to
contribute at least 10 percent of the total
project cost from non-Federal sources or
authorized Federal sources.
(b) Under what circumstances does
CNCS allow less than the 10 percent
non-CNCS support? CNCS may allow
exceptions to the 10 percent local
support requirement in cases of
demonstrated need such as:
*
*
*
*
*
(c) May CNCS restrict how a sponsor
uses locally generated contributions in
excess of the 10 percent non-CNCS
support required? Whenever locally
generated contributions to Foster
Grandparent projects are in excess of the
minimum 10 percent non-CNCS support
required, CNCS may not restrict the
manner in which such contributions are
expended provided such expenditures
are consistent with the provisions of the
Act.
(d) Are program expenditures subject
to audit? All expenditures by the
grantee of Federal and non-Federal
funds, including expenditures from
excess locally generated contributions
in support of the grant are subject to
audit by CNCS, its Inspector General, or
their authorized agents.
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(e) May a sponsor pay stipends at
rates different than those established by
CNCS? No, a sponsor shall pay stipends
at rates established by CNCS.
■ 67. Amend § 2552.93 as follows:
■ a. Revise the section heading.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (a)(3).
■ c. Revise paragraph (a)(4).
■ d. Add paragraph (a)(5).
■ e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as
follows:
§ 2552.93 What are a sponsor’s legal
requirements in managing grants?
*
*
*
*
*
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS
requirements.
(b) Project support provided under a
CNCS grant shall be furnished at the
lowest possible cost consistent with the
effective operation of the project.
*
*
*
*
*
(e) Payments to settle discrimination
complaints, either through a settlement
agreement or formal adjudication, are
not allowable costs.
(f) Written CNCS approval is required
for the following changes in the
approved grant:
(1) Reduction in budgeted volunteer
service years.
(2) Change in the service area.
■ 68. Revise § 2552.101 to read as
follows:
§ 2552.101 What rule governs the
recruitment and enrollment of persons who
do not meet the income eligibility
guidelines to serve as Foster
Grandparents?
Over-income persons as described in
§ 2552.43, age 55 or over, may be
enrolled in FGP project as nonstipended volunteers.
■ 69. Amend § 2552.102 as follows:
■ a. Revise paragraphs (b) and (d).
■ b. Remove paragraphs (e) and (f).
■ c. Redesignate paragraph (g) as (e) and
revise newly redesignated paragraph (e).
The revisions read as follows:
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*
*
*
*
*
(b) No special privilege or status is
granted or created among Foster
Grandparents, whether stipended or
non-stipended, and equal treatment is
required.
*
*
*
*
*
(d) All regulations and requirements
applicable to the program apply to all
Foster Grandparents.
*
*
*
*
*
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(e) Non-stipended Foster
Grandparents may contribute the costs
they incur in connection with their
participation in the program. An FGP
project may not count such
contributions as part of the required
non-CNCS support (match) for the grant.
■ 70. Revise § 2552.103 to read as
follows:
result in suspension or termination
CNCS’ agreement and all benefits
specified in § 2552.112.
■ 77. Revise § 2552.121(c)(2), (g), and
(h) to read as follows:
§ 2552.103 Must a sponsor be required to
enroll non-stipended Foster Grandparents?
*
No. Enrollment of non-stipended
Foster Grandparents is not a condition
for a sponsor to receive a new or
continuation grant.
§ 2552.104
[Removed and Reserved]
71. Remove and reserve § 2552.104.
72. Revise the heading for subpart K
to read as follows:
■
■
Subpart K—Non-CNCS Funded Foster
Grandparent Projects
73. Revise § 2552.111 to read as
follows:
■
§ 2552.111 Under what conditions may an
agency or organization sponsor a Foster
Grandparent project without CNCS
funding?
An eligible agency or organization
who wishes to sponsor a Foster
Grandparent project without CNCS
funding must make an application
through the designated grants
management system which is approved
by CNCS and documented through the
Notice of Grant Agreement (NGA).
■ 74. Amend § 2552.112 by revising the
section heading, introductory text, and
paragraph (a) to read as follows:
§ 2552.112 What benefits are a non-CNCS
funded project entitled to?
The Notice of Grant Award entitles
the sponsor of a Non-CNCS funded
project to:
(a) All technical assistance and
materials provided to CNCS funded
Foster Grandparent projects; and
*
*
*
*
*
■ 75. Revise § 2552.113 to read as
follows:
§ 2552.113 What financial obligation does
CNCS incur for non-CNCS funded projects?
2552.102 What are the conditions of
service of non-stipended Foster
Grandparents?
6751
Issuance of an NGA to a sponsor of a
non-CNCS funded project does not
create a financial obligation on the part
of CNCS for any costs associated with
the project.
■ 76. Revise § 2552.114 to read as
follows:
§ 2552.114 What happens if a non-CNCS
funded sponsor does not comply with the
NGA?
A non-CNCS funded project sponsor’s
noncompliance with the NGA may
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§ 2552.121 What legal limitations apply to
the operation of the Foster Grandparent
Program and to the expenditure of grant
funds?
*
*
*
*
(c) * * *
(2) This section does not prohibit a
sponsor from soliciting and accepting
voluntary contributions from the
community at large to meet its local
support obligations under the grant or
from entering into agreements with
parties other than beneficiaries to
support additional volunteers beyond
those supported by CNCS.
*
*
*
*
*
(g) Religious activities. (1) A Foster
Grandparent or a member of the project
staff funded by CNCS shall not give
religious instruction, conduct worship
services or engage in any form of
proselytization as part of his/her duties.
(2) A sponsor or volunteer station may
retain its independence and may
continue to carry out its mission,
including the definition, development,
practice, and expression of its religious
beliefs, provided that it does not use
CNCS funds to support any inherently
religious activities, such as worship,
religious instruction, or proselytization,
as part of the programs or services
funded. If an organization conducts
such activities, the activities must be
offered separately, in time or location,
from the programs or services funded
under this part.
(h) Nepotism. Persons selected for
project staff positions shall not be
related by blood or marriage to other
project staff, sponsor staff or officers, or
members of the sponsor Board of
Directors, unless there is written
concurrence from the Advisory Council
or community group established by the
sponsor under subpart B of this part,
and with notification to CNCS.
■ 78. Revise § 2552.122 to read as
follows:
§ 2552.122 What legal coverage does
CNCS make available to Foster
Grandparents?
It is within CNCS’ discretion to
determine if Counsel is employed and
counsel fees, court costs, bail and other
expenses incidental to the defense of a
FGP volunteer are paid in a criminal,
civil or administrative proceeding,
when such a proceeding arises directly
out of performance of the volunteer’s
activities. The circumstances under
which CNCS may pay such expenses are
specified in 45 CFR part 1220.
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PART 2553—THE RETIRED AND
SENIOR VOLUNTEER PROGRAM
79. The authority citation for part
2553 continues to read as follows:
■
Authority: 42 U.S.C. 4950 et seq.
80. Amend § 2553.12 as follows:
a. Remove paragraphs (e), (j), (k), (n),
(q), and (r).
■ b. Remove all alphabetical paragraph
designations.
■ c. Revise the definition of ‘‘Adequate
staffing level’’.
■ d. Add the definition of ‘‘Assignment
description’’ in alphabetical order.
■ e. Revise the definition of ‘‘Chief
Executive Officer’’.
■ f. Add the definition of ‘‘CNCS’’.
■ g. Revise the definitions of ‘‘Cost
reimbursements’’, ‘‘Letter of
Agreement’’, and ‘‘National Senior
Service Corps (NSSC)’’.
■ h. Add the definitions of ‘‘Non-CNCS
support (excess)’’ and ‘‘Non-CNCS
support (match)’’ in alphabetical order.
■ i. Revise the definitions of
‘‘Performance measures’’ and ‘‘Project’’.
■ j. Add the definition of ‘‘Proprietary
Health Care Organization’’ in
alphabetical order.
■ k. Revise the definitions of ‘‘Service
area’’ and ‘‘Sponsor’’.
■ l. Add the definition of ‘‘United States
and Territories’’ in alphabetical order.
■ m. Revise the definition of ‘‘Volunteer
station’’.
The revisions and additions read as
follows:
■
■
§ 2553.12
Definitions.
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*
*
*
*
*
Adequate staffing level. The number
of project staff or full time equivalent
needed by a sponsor to manage the
National Senior Service Corps (NSSC)
project operations considering such
factors as: Number of budgeted
volunteers, number of volunteer
stations, and the size of the service area.
*
*
*
*
*
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 CNCS appointed
under the National and Community
Service Act of 1990, as amended,
(NCSA), 42 U.S.C. 12501 et seq.
CNCS. The Corporation for National
and Community Service established
under the NCSA.
Cost reimbursements.
Reimbursements budgeted as Volunteer
Expenses and provided to volunteers,
including stipends to cover incidental
costs, transportation, meals, recognition,
supplemental accident, personal
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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 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.
*
*
*
*
*
National Senior Service Corps
(NSSC). The collective name for the
Senior Companion Program (SCP),
Foster Grandparent Program (FGP), and
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. NSSC is also referred to as the
‘‘Senior Corps.’’
Non-CNCS support (excess). The
amount of non-CNCS cash and in-kind
contributions generated by a sponsor in
excess of the required percentage.
Non-CNCS support (match). The
percentage share of non-CNCS cash and
in-kind contributions required to be
raised by the sponsor in support of the
grant.
Performance measures. Indicators
intended to 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 CNCS and
implemented by the sponsor.
Proprietary Health Care
Organizations. 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 non-profit private
organizations, both secular and faithbased, in the United States that have
authority to accept and the capability to
administer a Senior Companion 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, and 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
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volunteers in health, education, social
service or related settings such as multipurpose 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.
■ 81. Revise § 2553.21 to read as
follows:
§ 2553.21 Who is eligible to serve as a
sponsor?
CNCS awards grants to public
agencies, including Indian tribes as
defined in section 421 (5) of the Act,
and non-profit private organizations,
both secular and faith-based, in the
United States that have authority to
accept and the capability to administer
an RSVP project.
■ 82. Revise § 2553.22 to read as
follows:
§ 2553.22 What are the responsibilities of
a sponsor?
A sponsor is responsible for fulfilling
all project management requirements
necessary to accomplish the purposes of
the RSVP project as specified in the Act.
A sponsor shall not delegate or contract
these overall management
responsibilities to another entity. CNCS
retains the right to determine what types
of management responsibilities may or
may not be contracted.
■ 83. Amend § 2553.23 as follows:
■ a. Revise the section heading and
paragraphs (b) and (c) introductory text.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (c)(2)(iii).
■ c. Revise paragraph (c)(2)(iv).
■ d. Add paragraph (c)(2)(v).
■ e. Remove paragraph (c)(3).
■ f. Revise paragraph (e).
■ g. Remove paragraphs (f), (g), and (i).
■ h. Redesignate paragraphs (h) and (j)
as (f) and (g), respectively, and revise
newly redesignated paragraph (g).
The revisions and addition read as
follows:
§ 2553.23 What are a sponsor’s project
responsibilities?
*
*
*
*
*
(b) In collaboration with other
community organizations or by using
existing assessments, assess the needs of
the community or service area, and
develop strategies to respond to
identified needs using RSVP volunteers.
(c) Develop and manage one or more
volunteer stations to provide a wide
range of placement opportunities that
appeal to persons age 55 and over by:
*
*
*
*
*
(2) * * *
(iv) That states the station will not
discriminate against RSVP volunteers,
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service beneficiaries, or in the operation
of its program on the basis of race, color,
national origin including individuals
with limited English proficiency,
gender, age, religion, sexual orientation,
disability, gender identity or expression,
political affiliation, marital or parental
status, or military service; and
(v) That states the station will provide
for the safety of the RSVP volunteers
assigned to the station.
*
*
*
*
*
(e) Encourage the most efficient and
effective use of RSVP volunteers by
coordinating project services and
activities with related national, state
and local programs, including other
CNCS programs.
*
*
*
*
*
(g) Make every effort to meet such
performance measures as established in
the approved grant application.
■ 84. Revise § 2553.24(a)(2) through (4)
to read as follows:
§ 2553.24 What are a sponsor’s
responsibilities for securing community
participation?
(a) * * *
(2) With an interest in the field of
community service and volunteerism;
(3) Capable of helping the sponsor
satisfy its administrative and program
responsibilities including fund-raising,
publicity and meeting or exceeding
performance measures;
(4) With an interest in, and knowledge
of, the range of abilities of older adults;
and
*
*
*
*
*
■ 85. Amend § 2553.25 as follows:
■ a. Revise paragraph (c).
■ b. Remove paragraph (e).
■ c. Redesignate paragraphs (f) through
(i) as (e) through (h) and revise newly
redesignated paragraphs (e) through (h).
The revisions read as follows:
§ 2553.25 What are a sponsor’s
administrative responsibilities?
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*
*
*
*
*
(c) Employ a full-time project director
to accomplish project objectives and
manage the functions and activities
delegate to project staff for Senior Corps
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. A full-time project
director shall not serve concurrently in
another capacity, paid or unpaid, during
established working hours. A sponsor
may negotiate the employment of a parttime project director with CNCS when
the sponsor can demonstrate that such
an arrangement will not adversely affect
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the size, scope or quality of project
operations.
*
*
*
*
*
(e) Establish risk management policies
and procedures covering RSVP project
activities. This includes provision of
appropriate insurance coverage for
RSVP volunteers, which includes:
Accident insurance, personal liability
insurance, and excess automobile
liability insurance.
(f) Establish record keeping and
reporting systems in compliance with
CNCS requirements that ensure quality
of program and fiscal operations,
facilitate timely and accurate
submission of required reports and
cooperate with CNCS evaluation and
data collection efforts.
(g) Comply with, and ensure that all
volunteer stations comply with, all
applicable civil rights laws and
regulations, including nondiscrimination based on disability.
(h) Conduct National Service Criminal
History Checks in accordance with the
requirements in 45 CFR 2540.200
through 2540.207.
§ 2553.26
[Removed and Reserved]
86. Remove and reserve § 2553.26.
87. Revise § 2553.31(a)(3), (b), and (c)
to read as follows:
■
■
§ 2553.31 What are the rules on
suspension, termination and denial of
refunding of grants?
(a) * * *
(3) In any case where an application
for refunding is denied for failure to
comply with the terms and conditions
of the grant, the recipient shall be
afforded an opportunity for an informal
hearing before an impartial hearing
officer, who has been agreed to by the
recipient and CNCS; and
*
*
*
*
*
(b) Hearings or other meetings as may
be necessary to fulfill the requirements
of this section should, to the extent
practicable, be held in locations
convenient to the recipient agency.
(c) The procedures for suspension,
termination, and denial of refunding,
that apply to the RSVP program are
specified in 45 CFR part 1206.
■ 88. Amend § 2553.41 as follows:
■ a. Revise the section heading.
■ b. Add the word ‘‘and’’ at the end of
paragraph (a)(2).
■ c. Remove the semicolon at the end of
paragraph (a)(3) and add a period in its
place.
■ d. Remove paragraph (a)(4).
■ e. Revise paragraph (b).
The revisions read as follows:
§ 2553.41 Who is eligible to be an RSVP
volunteer?
*
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(b) Eligibility to serve as an RSVP
volunteer shall not be restricted on the
basis of formal education, experience,
race, color, national origin including
limited English proficiency, gender, age,
religion, sexual orientation, disability,
gender identity or expression, political
affiliation, marital or parental status, or
military service.
■ 89. Revise § 2553.42 to read as
follows:
§ 2553.42 Is an RSVP volunteer a federal
employee, an employee of the sponsor or
of the volunteer station?
RSVP volunteers are not employees of
the sponsor, the volunteer station, CNCS
or the Federal Government.
■ 90. Revise § 2553.43 to read as
follows:
§ 2553.43 What cost reimbursements are
provided to RSVP volunteers?
(a) RSVP volunteers may be provided
the following cost reimbursements
within the limits of the project’s
available resources:
(1) Transportation. RSVP volunteers
may receive assistance with the cost of
transportation to and from volunteer
assignments and official project
activities, including orientation,
training, and recognition events.
(2) Meals. RSVP volunteers may
receive assistance with the cost of meals
taken while on assignment.
(3) Other volunteer expenses. RSVP
volunteers may also be reimbursed for
allowable out-of-pocket expenses
incurred while performing their
assignments.
(b) RSVP volunteers must be provided
the following cost reimbursements:
(1) Recognition. RSVP volunteers
shall be provided recognition for their
service.
(2) Insurance. An RSVP volunteer is
provided with the CNCS-specified
minimum levels of insurance as follows:
(i) Accident insurance. Accident
insurance covers RSVP volunteers for
personal injury during travel between
their homes and places of assignment,
during volunteer service, during meal
periods while serving as a volunteer,
and while attending project sponsored
activities. Protection shall be provided
against claims in excess of any benefits
or services for medical care or treatment
available to the volunteer from other
sources.
(ii) Personal liability insurance.
Protection is provided against claims in
excess of protection provided by other
insurance. It does not include
professional liability coverage.
(iii) Excess automobile insurance. (A)
RSVP drivers who drive in connection
with their service shall be provided
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protection against claims in excess of
the greater of either:
(1) Liability insurance the volunteers
carry on their own automobiles; or
(2) The limits of applicable state
financial responsibility law, or in its
absence, levels of protection to be
determined by CNCS for each person,
each accident, and for property damage.
(B) RSVP volunteers who drive their
personal vehicles to or on assignments
or project-related activities shall
maintain personal automobile liability
insurance equal to or exceeding the
levels established by CNCS.
■ 91. Revise § 2553.44 to read as
follows:
§ 2553.44 May cost reimbursements
received by RSVP volunteers be subject to
any tax or charge, treated as wages or
compensation, or affect eligibility to receive
assistance from other programs?
No. An RSVP volunteer’s cost
reimbursements are not subject to any
tax or charge, and are not treated as
wages or compensation for the purposes
of unemployment insurance, workers’
compensation, temporary disability,
retirement, public assistance or similar
benefit payments or minimum wage
laws. Cost reimbursements are not
subject to garnishment, and do not
reduce or eliminate the level of, or
eligibility for, assistance or services that
a volunteer may be receiving under any
governmental program.
■ 92. Revise § 2553.51 to read as
follows:
§ 2553.51 What are the terms of service of
an RSVP volunteer?
An RSVP volunteer shall serve on a
regular basis, or intensively on shortterm assignments, consistent with the
assignment description.
■ 93. Revise § 2553.52 to read as
follows:
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(a) A sponsor may remove an RSVP
volunteer from service for cause.
Grounds for removal include, but are
not limited to: Extensive and
unauthorized absences; misconduct;
failure to perform assignments and or
failure to accept supervision.
(b) The sponsor shall establish
appropriate policies on removal from
service as well as procedures for appeal.
■ 94. Revise § 2553.61 to read as
follows:
§ 2553.61 When may a sponsor serve as a
volunteer station?
The sponsor and RSVP project itself
may function as a volunteer station or
may initiate special volunteer activities
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§ 2553.62 What are the responsibilities of
a volunteer station?
*
*
*
*
*
(b) Assign staff member responsible
for day to day oversight of RSVP
volunteers within the volunteer station
and for assessing the impact of
volunteers in addressing community
needs;
(c) Keep a Letter of Agreement for
each client who receives in-home
service;
*
*
*
*
*
(e) Comply with all applicable civil
rights requirements including providing
RSVP volunteers with disabilities
reasonable accommodation to perform
the essential functions of their service;
(f) * * *
(2) Resources required for
performance of assignments including
reasonable accommodation to RSVP
volunteers with disabilities to perform
the essential functions of their service;
and
(3) Supervision.
*
*
*
*
*
■ 96. Amend § 2553.71 as follows:
■ a. Revise the introductory text and
paragraphs (a)(1), (b)(1), (b)(2)(iv), (c)(2),
(d), and (e).
■ b. Remove paragraph (f).
§ 2553.71 What is the process for
application and award of a grant?
§ 2553.52 Under what circumstances may
a sponsor remove an RSVP volunteer from
service?
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provided that CNCS agrees these
activities are in accord with program
objectives and will not hinder overall
project operations.
■ 95. Amend § 2553.62 as follows:
■ a. Revise paragraphs (b), (c), (e), and
(f)(2) and (3).
■ b. Remove paragraphs (f)(4) and (5).
The revisions read as follows:
As funds become available, CNCS
solicits application for RSVP grants
from eligible organizations through a
competitive process.
(a) * * *
(1) Submit required information
determined by CNCS.
*
*
*
*
*
(b) What process does CNCS use to
select new RSVP grantees? (1) CNCS
reviews and determines the merits of an
application by its responsiveness to
published guidelines and to the overall
purpose and objectives of the program.
In conducting its review during the
competitive process, CNCS considers
the input and opinions of those serving
on a peer review panel, including
members with expertise in senior
service and aging, and may conduct site
inspections, as appropriate.
(2) * * *
(iv) Ensuring innovation and
geographic, demographic, and
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programmatic diversity across CNCS
RSVP grantee portfolio; and
*
*
*
*
*
(c) * * *
(2) CNCS and the sponsoring
organization are parties to the NGA. The
NGA will document the sponsor’s
commitment to fulfill specific
programmatic objectives and financial
obligations. It will document the extent
of CNCS’ obligation to provide
assistance to the sponsor.
(d) What happens if CNCS rejects an
application? CNCS will inform an
applicant when an application is not
approved for funding.
(e) For what period of time does CNCS
award a grant? CNCS awards an RSVP
grant for a specified period that is 3
years in duration with an option for a
grant renewal of 3 years, if the grantee’s
performance and compliance with grant
terms and conditions are satisfactory.
CNCS will terminate funding to a
grantee when CNCS determines that the
grant should not be renewed for an
additional 3 years.
■ 97. Revise § 2553.72(a), (b)
introductory text, (c), and (d) to read as
follows:
§ 2553.72 What are project funding
requirements?
(a) Is non-CNCS support required? (1)
A CNCS grant may be awarded to fund
up to 90 percent of the total project cost
in the first year, 80 percent in the
second year, and 70 percent in the third
and succeeding years.
(2) A sponsor is responsible for
identifying non-CNCS funds which may
include in-kind contributions.
(b) Under what circumstances does
CNCS allow less than the percentage
identified in paragraph (a) of this
section? CNCS may allow exceptions to
the local support requirement identified
in paragraph (a) of this section in cases
of demonstrated need such as:
*
*
*
*
*
(c) May CNCS restrict how a sponsor
uses locally generated contributions in
excess of the non-CNCS support
required? Whenever locally generated
contributions to RSVP projects are in
excess of the non-CNCS funds required
(10 percent of the total cost in the first
year, 20 percent in the second year and
30 percent in the third and succeeding
years), CNCS may not restrict the
manner in which such contributions are
expended provided such expenditures
are consistent with the provisions of the
Act.
(d) Are program expenditures subject
to audit? All expenditures by the
grantee of Federal and Non-Federal
funds, including expenditures from
excess locally generated contributions,
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of CNCS for any costs associated with
the project.
■ 103. Revise § 2553.84 to read as
follows:
are subject to audit by CNCS, its
Inspector General or their authorized
agents.
■ 98. Amend § 2553.73 as follows:
■ a. Revise the section heading.
■ b. Remove the word ‘‘and’’ from the
end of paragraph (a)(3).
■ c. Revise paragraph (a)(4).
■ d. Add paragraph (a)(5).
■ e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as
follows:
§ 2553.84 What happens if a non-CNCS
funded sponsor does not comply with the
NGA?
A non-CNCS funded project sponsor’s
noncompliance with the NGA may
result in suspension or termination
CNCS’ agreement and all benefits
specified in § 2553.82.
■ 104. Revise § 2553.91(c)(2), (g), and
(h) to read as follows:
§ 2553.73 What are a sponsor’s legal
requirements in managing grants?
*
*
*
*
*
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS
requirements.
(b) Project support provided under a
CNCS grant shall be furnished at the
lowest possible cost consistent with the
effective operation of the project.
*
*
*
*
*
(e) Payments to settle discrimination
complaints, either through a settlement
agreement or formal adjudication, are
not allowable costs.
(f) Written CNCS approval/
concurrence is required for a change in
the approved service area.
■ 99. Revise the heading for subpart H
to read as follows:
Subpart H—Non-CNCS Funded
Projects
100. Revise § 2553.81 to read as
follows:
■
§ 2553.81 Under what conditions may an
agency or organization sponsor an RSVP
project without CNCS funding?
An eligible agency or organization
who wishes to sponsor an RSVP project
without CNCS funding must make an
application through the designated
grants management system which is
approved by CNCS and documented
through the Notice of Grant Agreement
(NGA).
■ 101. Amend § 2553.82 by revising the
section heading and paragraph (a) to
read as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS2
§ 2553.82 What benefits are a non-CNCS
funded project entitled to?
(a) All technical assistance and
materials provided to CNCS funded
RSVP volunteer projects; and
*
*
*
*
*
■ 102. Revise § 2553.83 to read as
follows:
§ 2553.83 What financial obligation does
CNCS incur for non-CNCS funded projects?
Issuance of an NGA to a sponsor of a
non-CNCS funded project does not
create a financial obligation on the part
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§ 2553.91 What legal limitations apply to
the operation of the RSVP volunteer
Program and to the expenditure of grant
funds?
*
*
*
*
*
(c) * * *
(2) This section does not prohibit a
sponsor from soliciting and accepting
voluntary contributions from the
community at large to meet its local
support obligations under the grant or
from entering into agreements with
parties other than beneficiaries to
support additional volunteers beyond
those supported by CNCS.
*
*
*
*
*
(g) Religious activities. (1) An RSVP
volunteer or a member of the project
staff funded by CNCS shall not give
religious instruction, conduct worship
services, or engage in any form of
proselytization as part of his/her duties.
(2) A sponsor or volunteer station may
retain its independence and may
continue to carry out its mission,
including the definition, development,
practice, and expression of its religious
beliefs, provided that it does not use
CNCS funds to support any inherently
religious activities, such as worship,
religious instruction, or proselytization,
as part of the programs or services
funded. If an organization conducts
such activities, the activities must be
offered separately, in time or location,
from the programs or services funded
under this part.
(h) Nepotism. Persons selected for
project staff positions shall not be
related by blood or marriage to other
project staff, sponsor staff or officers, or
members of the sponsor Board of
Directors, unless there is written
concurrence from the Advisory Council
or community group established by the
sponsor under subpart B of this part,
and with notification to CNCS.
■ 105. Revise § 2553.92 to read as
follows:
§ 2553.92 What legal coverage does CNCS
make available to RSVP volunteers?
It is within CNCS’ discretion to
determine if Counsel is employed and
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6755
counsel fees, court costs, bail and other
expenses incidental to the defense of an
RSVP volunteer are paid in a criminal,
civil or administrative proceeding,
when such a proceeding arises directly
out of performance of the volunteer’s
activities. The circumstances under
which CNCS may pay such expenses are
specified in 45 CFR part 1220.
§ 2553.100
[Removed]
106. Remove § 2553.100.
107. Revise § 2553.101 to read as
follows:
■
■
§ 2553.101 What is the purpose of
performance measurement?
The purpose of performance
measurement is to strengthen the RSVP
project and foster continuous
improvement. Performance measures
are used to assess how an applicant for
a grant approaches the design of
volunteer activities and how those
activities impact community needs.
■ 108. Revise § 2553.102 to read as
follows:
§ 2553.102 What performance
measurement information must be part of
an application for funding under RSVP?
An application to CNCS for funding
under RSVP must contain:
(a) In a year one renewal application:
(1) Performance measures.
(2) Estimated performance data for the
project years covered by the application.
(b) In a year two or three continuation
application:
(1) Performance measures.
(2) Estimated performance data for the
project years covered by the application.
(3) Actual performance data, where
available, for the preceding completed
project year.
■ 109. Revise § 2553.103 to read as
follows:
§ 2553.103 Who develops the performance
measures?
(a) CNCS may establish performance
measures that will apply to RSVP
projects, which sponsors will be
responsible for meeting.
(b) An applicant is responsible for
choosing its own project specific
performance measures.
■ 110. Revise § 2553.104 to read as
follows:
§ 2553.104 What performance measures
must be submitted to CNCS and how are
these submitted?
(a) An applicant for CNCS funds is
required to submit any uniform
performance measure CNCS may
establish for all applicants.
Requirements, including types of
performance measures, will be
communicated in the notice of funding
and other related materials.
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(b) CNCS may specify additional
requirements related to performance
measures on an annual basis in program
guidance and related materials.
(c) Applicants for CNCS funds will
submit performance measures through
the grant application. CNCS will
provide standard forms.
■ 111. Revise § 2553.105 to read as
follows:
§ 2553.105 How are performance
measures approved and documented?
deadlines, concerning performance
measures established in the grant award.
A sponsor is required to report on the
actual results that occurred when
implementing the grant and to regularly
measure the project’s performance.
■ 113. Amend § 2553.107 by revising
the introductory text to read as follows:
§ 2553.107 What must a sponsor do if it
cannot meet its performance measures?
(a) CNCS reviews and approves
performance measures for all applicants
that apply for funding.
(b) An applicant must follow CNCS
provided guidance and formats when
submitting performance measures.
(c) Final performance measures, as
negotiated between the applicant and
CNCS, will be documented in the
approved grant application.
■ 112. Revise § 2553.106 to read as
follows:
When a sponsor finds it is not on
track to meet its performance measures,
the sponsor must develop a plan to get
back on track or submit a request to
CNCS to amend its performance
measures. CNCS may limit when
amendments to performance measure
can be submitted as well as limit the
types of changes a sponsor can make to
performance measures. The request
must include all of the following:
*
*
*
*
*
§ 2553.106 How does a sponsor report
performance measures to CNCS?
§ 2553.108
daltland on DSKBBV9HB2PROD with PROPOSALS2
CNCS will set specific reporting
requirements, including frequency and
VerDate Sep<11>2014
22:20 Feb 13, 2018
Jkt 244001
■
[Removed]
114. Remove § 2553.108.
PO 00000
§ 2553.109 [Redesignated as § 2553.108
and Amended]
115. Redesignate § 2553.109 as
§ 2553.108 and revise newly
redesignated § 2553.108 to read as
follows:
■
§ 2553.108 What happens if a sponsor fails
to meet the target performance measures
included in the approved grant application?
If a sponsor fails to meet a target
performance measure established in the
approved grant application, CNCS may
take one or more of the following
actions:
(a) Reduce the amount, suspend, or
deny refunding of the grant, in
accordance with the provisions of
§ 2553.31;
(b) Terminate the grant, in accordance
with 45 CFR part 1206.
Dated: January 18, 2018.
Tim Noelker,
General Counsel.
[FR Doc. 2018–01462 Filed 2–13–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6740-6756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01462]
[[Page 6739]]
Vol. 83
Wednesday,
No. 31
February 14, 2018
Part II
Corporation for National and Community Service
-----------------------------------------------------------------------
45 CFR Parts 2551, 2552, and 2553
Senior Corps: Senior Companion Program, Foster Grandparent Program,
Retired and Senior Volunteer Program; Proposed Rule
Federal Register / Vol. 83 , No. 31 / Wednesday, February 14, 2018 /
Proposed Rules
[[Page 6740]]
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2551, 2552, and 2553
RIN 3045-AA63
Senior Corps: Senior Companion Program, Foster Grandparent
Program, Retired and Senior Volunteer Program
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS)
proposes changes to existing regulations under the Domestic Volunteer
Service Act of 1973, as amended, for the following Senior Corps
programs: Foster Grandparent Program (FGP), Senior Companion Program
(SCP), and the Retired Senior Volunteer Program (RSVP). These
amendments will increase flexibility in program administration while
maintaining accountability at the local level, correct grammatical
errors, update language that is currently used by CNCS, and streamline
requirements for more effective administration of projects in local
communities.
DATES: To be sure your comments are considered, they must reach CNCS on
or before April 16, 2018.
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 electronically to
[email protected]. Also, you may mail or deliver your comments to
Jill Sears, Senior Corps, at the Corporation for National and Community
Service, 250 E Street SW, Washington DC 20525. Due to continued delays
in CNCS's receipt of mail, we strongly encourage comments to be
submitted online electronically. You may request this notice in an
alternative format for the visually impaired. Members of the public may
review copies of all communications received on this rulemaking at
CNCS's Washington, DC office.
FOR FURTHER INFORMATION CONTACT: Jill Sears, Senior Corps, at the
Corporation for National and Community Service, 250 E Street SW,
Washington, DC 20525, phone 202-606-7577. The TDD/TTY number is 800-
833-3722.
SUPPLEMENTARY INFORMATION:
I. Background
The National Senior Service Corps known today as Senior Corps is
comprised of three separate programs; the Senior Companion Program
(SCP), the Foster Grandparent Program (FGP) and the Retired and Senior
Volunteer Program (RSVP).
The SCP engages low-income older adults to help their more frail
peers remain independent in their homes. Senior Companions provide
companionship and support to older adults in need of extra assistance
to remain at home or in the community for as long as possible as well
as provide respite for caregivers. Senior Companions receive a small
stipend enabling them to participate without cost to themselves.
The FGP engages low-income older adults in opportunities to provide
one-to-one mentoring, nurturing, and support to children with special
or exceptional needs, or who are in academic, social, or financial
disadvantage. Foster Grandparents receive a small stipend enabling them
to participate without cost to themselves.
RSVP promotes the engagement of older persons as community
resources in planning for community improvement and in delivery of
volunteer services. RSVP matches the skills of older adults, who are
willing to help with local organizations, with the identified needs of
the community.
The Older Americans Act of 1965 initiated the pilot demonstration
programs for the Foster Grandparent and Senior Companion programs, and
in 1969 an amendment to the Older Americans Act created the RSVP.
In 1971, all three of the Senior Corps programs were transferred
from the Administration on Aging to the former Federal agency, ACTION
(the Federal Domestic Volunteer Agency). In 1973, Congress enacted the
Domestic Volunteer Service Act of 1973 (DVSA), Senior Corps' enabling
legislation. Senior Corps continues to retain its purpose, as stated in
the DVSA, ``to provide opportunities for senior service to meet unmet
local, State, and national needs in the areas of education, public
safety, emergency and disaster preparedness, relief, and recovery,
health and human needs, and the environment.''
In 1994, the Corporation for National and Community Service (CNCS)
was established pursuant to the National and Community Service Trust
Act of 1993; at this time, the operations of all service programs
previously administered by ACTION, including Senior Corps, began to be
administered by CNCS. Since 1994, Senior Corps continues to be
primarily operated and administered under the DVSA.
In 2009, Congress enacted the Edward M. Kennedy Serve America Act
of 2009 (Serve America Act), which contained certain amendments to both
the DVSA and the NCSA. With regard to Senior Corps, the Serve America
Act amendments largely related to initiating competition for the RSVP,
decreasing the age limit for volunteers from 60 to 55 and modifying the
income eligibility requirements for SCP and FGP volunteers.
II. Scope of Proposed Rule
The proposed amendments include modifications to current program
requirements and technical updates in the three Senior Corps programs,
SCP, FGP and RSVP. For the SCP, changes are applicable to: Subpart A,
General, which includes technical updates to definitions and the
addition or subtraction of certain definitions, subpart B, Eligibility
and Responsibility of a Sponsor, which includes modifications to
specific administrative responsibilities and technical updates, subpart
C, Suspension Termination and Denial of Refunding, which includes
technical updates and clarifying language, subpart D, Senior Companion
Eligibility, Status and Cost Reimbursements, which include technical
updates, updating the income exclusion list to specify public benefits
and disability benefits, removing the requirement for annual physicals
and clarification of language to demonstrate which cost reimbursements
are optional and which are required, subpart E, Senior Companion Terms
of Service, which includes reducing the minimum hour requirement and
establishing annual minimum and maximum hour requirements, and making
technical updates, subpart F, Responsibilities of a Volunteer Station,
which includes technical updates, subpart G, Senior Companion Placement
and Assignments, which includes the addition of a new section that
consolidates all regulations regarding Senior Companion Leaders, and
technical updates, subpart I, Application and Fiscal Requirements,
which includes technical updates, clarification of how applications are
made to CNCS, and the removal of regulations for the direct benefit
ration, or ``80/20 rule,'' subpart J, Non-Stipended Senior Companions,
which includes consolidation of regulations and technical updates,
subpart K, Non-Corporation Funded SCP Projects, which includes
technical updates, and subpart L, Restrictions and Legal
Representation, which includes technical updates.
For the FGP, changes are applicable to: Subpart A, General, which
include technical updates to definitions and the
[[Page 6741]]
addition or modification of certain definitions, subpart B, Eligibility
and Responsibility of a Sponsor, which include modifications to
specific administrative responsibilities and technical updates, subpart
C, Suspension Termination and Denial of Refunding, which include
technical updates, subpart D, Foster Grandparent Eligibility, Status
and Cost Reimbursements, which include technical updates, updating the
income exclusion list to specify public benefits and disability
benefits, removing the requirement for annual physicals and
clarification of language to demonstrate what cost reimbursements are
optional and what are required, subpart E, Foster Grandparent Terms of
Service, which include reducing the minimum hour requirement and
establishing annual minimum and maximum hour requirements, and
technical updates, subpart F, Responsibilities of a Volunteer Station,
which include technical updates, subpart G, Foster Grandparent
Placement and Assignments, which include technical updates, subpart H,
Children Served, which include language updates, subpart I, Application
and Fiscal Requirements, which include technical updates, clarification
of how applications are made to CNCS, and the removal of regulations
for the direct benefit ration, or ``80/20 rule,'' subpart J, Non-
Stipended Foster Grandparents, which include consolidation of
regulations and technical updates, subpart K, Non-Corporation Funded
Foster Grandparent Program Projects, which include technical updates,
and subpart L, Restrictions and Legal Representation, which include
technical updates.
For the RSVP, changes are applicable to: Subpart A, General, which
include technical updates to definitions and the addition or
modification of certain definitions, subpart B, Eligibility and
Responsibility of a Sponsor, which include modifications to specific
administrative responsibilities and technical updates, subpart C,
Suspension Termination and Denial of Refunding, which include technical
updates, subpart D, Eligibility, Cost Reimbursements and Volunteer
Assignments, which include technical updates and clarification of
language to demonstrate what cost reimbursements are optional and what
are required, subpart E, Volunteer Terms of Service, which include
technical updates, subpart F, Responsibilities of a Volunteer Station,
which include the removal of a cap on volunteers used to assist with
project administration and support as well as technical updates,
subpart G, Application and Fiscal Requirements, which include technical
updates, and the removal of regulations that were specific to the
enactment of competition for RSVP in 2013, subpart H, Non-Corporation
Funded Projects, which include technical updates, subpart I,
Restrictions and Legal Representation, which include technical updates,
subpart J, Performance Measurement, which include consolidation of this
part as well as clarification of grantee responsibilities.
III. Effective Date
CNCS intends to make any final rule based on this proposal
effective no sooner than 90 days after the final rule is published in
the Federal Register.
IV. Regulatory Procedures
Executive Order 12866
CNCS has determined that the proposed rule is not an ``economically
significant'' rule within the meaning of E.O. 12866 because it is not
likely to result in: (1) An annual effect on the economy of $100
million or more, or an adverse and material effect on a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government or communities;
(2) the creation of a serious inconsistency or interference with an
action taken or planned by another agency; (3) a material alteration in
the budgetary impacts of entitlement, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
the raising of novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.
Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605
(b)), CNCS certifies that this rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
This regulatory action will not result in (1) an annual effect on the
economy of $100 million or more; (2) a major increase in costs or
prices for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or (3) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
Therefore, CNCS has not performed the initial regulatory flexibility
analysis that is required under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) for major rules that are expected to have such
results.
Unfunded Mandates
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 either Federal, State, local, or tribal
governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
Paperwork Reduction Act
This proposed rule addresses the requirement that entities that
wish to apply to be Senior Corps SCP, FGP, or RSVP sponsors complete an
application. Consistent with this requirement are two documents: The
FGP/SCP Grant Application and the RSVP Grant Application (https://www.nationalservice.gov/documents/senior-corps/2015/2016-fgpscp-grant-application-instructions; https://www.nationalservice.gov/documents/senior-corps/2015/rsvp-grant-application-instructions).
This requirement constitutes one set of information under the
Paperwork Reduction Act (PRA), 44 U.S.C. 507 et seq. OMB, in accordance
with the Paperwork Reduction Act, has previously approved these
information collections for use. The OMB Control Number for both the
FGP/SCP Grant Application and the RSVP Grant Application is 3045-0035.
Under the PRA, an agency may not conduct or sponsor a collection of
information unless the collections of information displays valid
control numbers. This proposed rule's collections of information are
contained in 45 CFR part 2551, subparts B, D, F, G, and I, part 2552,
subpart B, D, F, G, and I, and part 2553, subparts B, D, F, G, and I
for the FGP/SCP Grant Application and the RSVP Grant Application,
respectively.
This information is necessary to ensure that only eligible and
qualified entities serve as Senior Corps sponsors. This information is
also necessary to ensure that only eligible and suitable individuals
are approved by the Senior Corps SCP, FGP, or RSVP programs to serve as
volunteers in the SCP, FGP, or RSVP programs.
The likely respondents to these collections of information are
entities interested in or seeking to become Senior Corps SCP, FGP or
RSVP sponsors and current sponsors.
[[Page 6742]]
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. The proposed rule does not have
any Federalism implications, as described above.
List of Subjects
45 CFR Part 2551
Aged, Grant programs--social programs, Volunteers.
45 CFR Part 2552
Aged, Grant programs--social programs, Volunteers.
45 CFR Part 2553
Aged, Grant programs--social programs, Volunteers.
For the reasons discussed in the preamble, under the authority of
42 U.S.C. 12651c(c), the Corporation for National and Community Service
proposes 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. Amend Sec. 2551.12 as follows:
0
a. Remove paragraphs (f), (l), (m), (o), (t), and (u).
0
b. Remove all alphabetical paragraph designations.
0
c. Revise the definitions of ``Adequate staffing level'' and ``Chief
Executive Officer''.
0
d. Add the definition of ``CNCS''.
0
e. Revise the definitions of ``Cost reimbursements'', ``Letter of
Agreement'', and ``National Senior Service Corps (NSSC)''.
0
f. Add the definitions of ``Non-CNCS support (excess)'', ``Non-CNCS
support (match)'', and ``Performance measures'' in alphabetical order.
0
g. Revise the definition of ``Project''.
0
h. Add the definition of ``Proprietary Health Care Organization'' in
alphabetical order.
0
i. Revise the definitions of ``Service area'', ``Sponsor'', and
``Stipend''.
0
j. Add the definition of ``United States and Territories'' in
alphabetical order.
0
k. Revise the definitions of ``Volunteer assignment plan'' and
``Volunteer station''.
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 National Senior Service
Corps (NSSC) project operations considering such factors as: Number of
budgeted Volunteer Service Years (VSYs), number of volunteer stations,
and the size of the service area.
* * * * *
Chief Executive Officer. The Chief Executive Officer of CNCS
appointed under the National and Community Service Act of 1990, as
amended, (NCSA), 42 U.S.C. 12501 et seq.
CNCS. The Corporation for National and Community Service
established under the NCSA.
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 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.
* * * * *
National Senior Service Corps (NSSC). The collective name for the
Senior Companion Program (SCP), the Foster Grandparent Program (FGP),
the Retired and Senior Volunteer Program (RSVP), and, and Demonstration
Programs, all of which are established under Parts A, B, C, and E,
Title II of the Act. NSSC is also referred to as the ``Senior Corps''.
Non-CNCS support (excess). The amount of non-CNCS cash and in-kind
contributions generated by a sponsor in excess of the required
percentage.
Non-CNCS support (match). The percentage share of non-CNCS 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 CNCS and implemented by the sponsor.
Proprietary Health Care Organizations. 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.
* * * * *
Sponsor. A public agency, including Indian tribes as defined in
section 421 (5) of the Act, and non-profit private 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 minimum amount of the stipend is set by
CNCS 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, and 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 served 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. Revise Sec. 2551.21 to read as follows:
Sec. 2551.21 Who is eligible to serve as a sponsor?
CNCS awards grants to public agencies, including Indian tribes as
defined in section 421 (5) of the Act, and non-profit private
organizations, both secular and faith-based, in the United States that
have authority to accept and the capability to administer a Senior
Companion project.
0
4. Revise Sec. 2551.22 to read as follows:
[[Page 6743]]
Sec. 2551.22 What are the responsibilities of a sponsor?
A sponsor is responsible for fulfilling all project management
requirements necessary to accomplish the purposes of the Senior
Companion Program as specified in the Act. A sponsor shall not delegate
or contract these overall management responsibilities to another
entity. CNCS retains the right to determine what types of management
responsibilities may or may not be contracted.
0
5. Amend Sec. 2551.23 as follows:
0
a. Revise the section heading and paragraphs (a), (b), and (c)
introductory text.
0
b. Remove the word ``and'' from the end of paragraph (c)(2)(iii).
0
c. Revise paragraphs (c)(2)(iv), (f), and (g).
0
d. Remove paragraphs (i) and (j);
0
e. Redesignate paragraphs (k) and (l) as (i) and (j), respectively, and
revise newly redesignated paragraphs (i) and (j).
0
f. Add new paragraphs (k) and (l).
The revisions and additions read as follows:
Sec. 2551.23 What are a sponsor's project responsibilities?
* * * * *
(a) Focus Senior Companion resources within the project's service
area, on critical problems affecting the frail elderly and other adults
with special needs.
(b) In collaboration with other community organizations or by using
existing assessments, assess the needs of the community or service
area, and develop strategies to respond to identified needs using
Senior Companions.
(c) Develop and manage one or more volunteer stations by:
* * * * *
(2) * * *
(iv) That states the station will not discriminate against SCP
volunteers, service beneficiaries, or in the operation of its program
on the basis of race, color, national origin including individuals with
limited English proficiency, gender, age, religion, sexual orientation,
disability, gender identity or expression, political affiliation,
marital or parental status, or military service; and
* * * * *
(f) Provide Senior Companions with assignments that show direct and
demonstrable benefits to the adults and the community served, the
Senior Companions, and the volunteer station; with required cost
reimbursements specified in Sec. 2551.46; with 20 hours of pre-service
orientation and at least 24 hours annually of in-service training.
(g) Encourage the most efficient and effective use of Senior
Companions by coordinating project services and activities with related
national, state and local programs, including other CNCS programs.
* * * * *
(i) Establish written service policies for Senior Companions that
include but are not limited to:
(1) Annual and sick leave.
(2) Holidays.
(3) Service schedules.
(4) Termination and appeal procedures.
(5) Meal and transportation reimbursements.
(j) Conduct National Service Criminal History Checks in accordance
with the requirements in 45 CFR 2540.200 through 2540.207.
(k) Provide Senior Companion volunteers with cost reimbursements
specified in this section.
(l) Make every effort to meet such performance measures as
established in the approved grant application.
0
6. Revise Sec. 2551.24(a)(2), (3), and (4) to read as follows;
Sec. 2551.24 What are a sponsor's responsibilities for securing
community participation?
(a) * * *
(2) With an interest in the field of community service and
volunteerism;
(3) Capable of helping the sponsor satisfy its administrative and
program responsibilities including fund-raising, publicity, and meeting
or exceeding performance measures;
(4) With an interest in, and knowledge of, the range of abilities
of older adults; and
* * * * *
0
7. Amend Sec. 2551.25 as follows:
0
a. Revise paragraph (c).
0
b. Remove paragraph (e).
0
c. Redesignate paragraphs (f) through (h) as (e) through (g) and revise
newly redesignated paragraphs (e) through (g).
The revisions read as follows.
Sec. 2551.25 What are a sponsor's administrative responsibilities?
* * * * *
(c) Employ a full-time project director to accomplish project
objectives and manage the functions and activities delegate to project
staff for Senior Corps 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. A full-
time project director shall not serve concurrently in another capacity,
paid or unpaid, during established working hours. A sponsor may
negotiate the employment of a part-time project director with CNCS when
the sponsor can demonstrate that such an arrangement will not adversely
affect the size, scope, or quality of project operations.
* * * * *
(e) Establish risk management policies and procedures covering
Senior Companion project activities. This includes provision of
appropriate insurance coverage for Senior Companions, which includes;
accident insurance, personal liability insurance, and excess automobile
liability insurance.
(f) Establish record keeping and reporting systems in compliance
with CNCS requirements that ensure quality of program and fiscal
operations, facilitate timely and accurate submission of required
reports and cooperate with CNCS evaluation and data collection efforts.
(g) Comply with, and ensure that all volunteer stations comply
with, all applicable civil rights laws and regulations, including non-
discrimination based on disability.
Sec. 2551.33 [Removed and Reserved]
0
8. Remove and reserve Sec. 2551.33.
0
9. Revise Sec. 2551.34(a)(3) and (b) to read as follows:
Sec. 2551.34 What are the rules on suspension, termination, and
denial of refunding of grants?
(a) * * *
(3) In any case where an application for refunding is denied for
failure to comply with the terms and conditions of the grant, the
recipient shall be afforded an opportunity for an informal hearing
before an impartial hearing officer, who has been agreed to by the
recipient and CNCS; and
* * * * *
(b) Hearings or other meetings as may be necessary to fulfill the
requirements of this section should, to the extent practicable, be held
in locations convenient to the recipient agency.
* * * * *
0
10. Amend Sec. 2551.41 as follows:
0
a. Add the word ``and'' at the end of paragraph (a)(1).
0
b. Remove paragraphs (a)(2) and (3).
0
c. Redesignate paragraph (a)(4) as (a)(2).
0
d. Revise paragraph (b).
The revision reads as follows:
Sec. 2551.41 Who is eligible to be a Senior Companion?
* * * * *
(b) Eligibility to serve as a Senior Companion shall not be
restricted on the basis of formal education, experience, race, color,
national origin
[[Page 6744]]
including limited English proficiency, gender, age, religion, sexual
orientation, disability, gender identity or expression, political
affiliation, marital or parental status, or military service.
0
11. Revise Sec. 2551.43(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, annual
income is projected for the following 12 months, based on 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.
* * * * *
0
12. Amend Sec. 2551.44 as follows:
0
a. Revise paragraphs (a)(1) and (3).
0
b. Remove the period at the end of paragraph (b)(2) and add a semicolon
in its place.
0
c. Add paragraphs (b)(3) through (5).
The revisions and additions read as follows:
Sec. 2551.44 What is considered income for determining volunteer
eligibility?
(a) * * *
(1) Money, wages, and salaries before any deduction;
* * * * *
(3) Social Security, Unemployment or Workers Compensation, strike
benefits, training stipends, alimony, and military family allotments,
or other regular support from an absent family member or someone not
living in the household;
* * * * *
(b) * * *
(3) Regular payments for public assistance, including Supplemental
Nutrition Assistance Program (SNAP);
(4) Social Security Disability or any type of disability payment;
and
(5) Food or rent received in lieu of wages.
0
13. Revise Sec. 2551.45 to read as follows:
Sec. 2551.45 Is a Senior Companion a federal employee, an employee of
the sponsor or of the volunteer station?
Senior Companions are volunteers, and are not employees of the
sponsor, the volunteer station, CNCS, or the Federal Government.
0
14. Amend Sec. 2551.46 as follows:
0
a. Revise the section heading, introductory text, and paragraphs (a),
(b) introductory text, (b)(1) and (2), (b)(3)(i)(A) and (B),
(b)(3)(ii), (c), (d), and (e).
0
b. Remove paragraph (f).
0
c. Redesignate (g) as (f) and revise newly redesignated paragraph (f).
The revisions read as follows:
Sec. 2551.46 What cost reimbursements and benefits are provided to
Senior Companions?
Cost reimbursements and benefits include:
(a) Stipend. The stipend is paid for the time Senior Companions
spend with their assigned client, for earned leave, and for attendance
at official project events.
(b) Insurance. A Senior Companion is provided with the CNCS
specified minimum levels of insurance as follows:
(1) Accident insurance. Accident insurance covers Senior Companions
for personal injury during travel between their homes and places of
assignment, during their service, during meal periods while serving as
a Senior Companion, and while attending project-sponsored activities.
Protection shall be provided against claims in excess of any benefits
or services for medical care or treatment available to the Senior
Companion from other sources.
(2) Personal liability insurance. Protection is provided against
claims in excess of protection provided by other insurance. Such
protection does not include professional liability coverage.
(3) * * *
(i) * * *
(A) Liability insurance Senior Companions carry on their own
automobiles; or
(B) The limits of applicable state financial responsibility law, or
in its absence, levels of protection to be determined by CNCS for each
person, each accident, and for property damage.
(ii) Senior Companions who drive their personal vehicles to, or on,
assignments or project-related activities, shall maintain personal
automobile liability insurance equal to or exceeding the levels
established by CNCS.
(c) Transportation. Senior Companions shall receive assistance with
the cost of transportation to and from, assignments and official
project activities, including orientation, training, and recognition
events.
(d) Meals. Senior Companions may be provided assistance with the
cost of meals taken while on assignment, within limits of the project's
available resources.
(e) Recognition. Senior Companion volunteers shall be provided
recognition for their service.
(f) Other volunteer expenses. Senior Companions may also be
reimbursed for allowable out-of-pocket expenses incurred while
performing their assignments.
0
15. Revise Sec. 2551.47 to read as follows:
Sec. 2551.47 May the cost reimbursements and benefits of a Senior
Companion be subject to any tax or charge, be treated as wages or
compensation, or affect eligibility to receive assistance from other
programs?
No. Senior Companion's cost reimbursements and benefits are not
subject to any tax or charge or treated as wages or compensation for
the purposes of unemployment insurance, worker's compensation,
temporary disability, retirement, public assistance, or similar benefit
payments or minimum wage laws. Cost reimbursements and benefits are not
subject to garnishment and do not reduce or eliminate the level of, or
eligibility for, assistance or services a Senior Companion may be
receiving under any governmental program.
0
16. Revise Sec. 2551.51 to read as follows:
Sec. 2551.51 What are the terms of service of a Senior Companion?
A Senior Companion shall serve a minimum of 260 hours annually, or
a minimum of 5 hours per week. A Senior Companion may serve a maximum
of 2080 hours annually, or a maximum of 40 hours per week.
0
17. Revise Sec. 2551.52(c) to read as follows:
Sec. 2551.52 What factors are considered in determining a Senior
Companion's service schedule?
* * * * *
(c) Meal time may be part of the service schedule and is stipended.
0
18. Revise Sec. 2551.53 to read as follows:
Sec. 2551.53 Under what circumstances may a Senior Companion be
removed from service?
(a) A sponsor may remove a Senior Companion from service for cause.
Grounds for removal include, but are not limited to: Extensive and
unauthorized absences; misconduct; failure to perform assignments or
failure to accept supervision. A Senior Companion may also be removed
from stipended service for having income in excess of the eligibility
level. A Senior Companion shall be removed immediately if ineligible to
serve based on criminal history check results.
(b) The sponsor shall establish appropriate policies on removal
from service, as well as procedures for appeal.
0
19. Revise Sec. 2551.61 to read as follows:
[[Page 6745]]
Sec. 2551.61 May a sponsor serve as a volunteer station?
Yes. A sponsor may serve as a volunteer station, if the activities
are part of a work plan in the approved project application.
0
20. Amend Sec. 2551.62 as follows:
0
a. Revise paragraphs (c) and (d).
0
b. Add the word ``and'' at the end of paragraph (e)(1).
0
c. Revise paragraph (e)(2).
0
d. Remove paragraph (e)(3).
0
e. Revise paragraphs (i) and (j).
The revisions read as follows:
Sec. 2551.62 What are the responsibilities of a volunteer station?
* * * * *
(c) Develop a written volunteer assignment plan for each Senior
Companion that identifies their roles and activities, each client
served, and expected outcomes.
(d) Keep a Letter of Agreement for each client who receives in-home
service.
(e) * * *
(2) Resources required for performance of assignments, including
reasonable accommodation, as needed, to enable Senior Companions with
disabilities to perform the essential functions of their service.
* * * * *
(i) Comply with all applicable civil rights laws and regulations,
including providing Senior Companions with disabilities reasonable
accommodation, to perform the essential functions of their service.
(j) Undertake such other responsibilities as may be necessary for
the successful performance of Senior Companions in their assignments or
as agreed to in the Memorandum of Understanding.
Sec. 2551.71 [Amended]
0
21. Amend Sec. 2551.71 by removing paragraph (b) and redesignating
paragraph (c) as (b).
0
22. Amend Sec. 2551.72 as follows:
0
a. Revise the section heading and paragraph (a)(5).
0
b. Remove and reserve paragraph (b).
0
c. Remove paragraph (c).
The revisions read as follows:
Sec. 2551.72 Is a written volunteer assignment plan required for each
Senior Companion?
(a) * * *
(5) Is used to review the impact of the assignment on the
client(s).
* * * * *
0
23. Add Sec. 2551.73 to read as follows:
Sec. 2551.73 May a Senior Companion serve as a volunteer leader?
Yes. Senior Companions--who on the basis of experience as
volunteers, special skills, and demonstrated leadership abilities--may
spend time, in addition to their regular assignment, to assist newer
Senior Companion volunteers in performing their assignments and in
coordinating activities of such volunteers.
(a) All Senior Companions serving as volunteer leaders shall
receive a written volunteer assignment plan developed by the volunteer
station that:
(1) Is approved by the sponsor and accepted by the Senior
Companion;
(2) Identifies the role and activities of the Senior Companion and
expected outcomes;
(3) Addresses the period of time of service; and
(4) Is used to review the status of the Senior Companion's services
identified in the assignment plan, as well as the impact of those
services.
(b) While serving in the capacity of a volunteer leader, a Senior
Companion may be paid a stipend (at the same rate as the established
Senior Companion stipend) for his or her additional hours served as a
volunteer leader.
(c) Senior Companion leaders, through recognition, may receive an
additional monetary incentive.
0
24. Revise Sec. 2551.91 to read as follows:
Sec. 2551.91 What is the process for application and award of a
grant?
(a) How and when may an eligible organization apply for a grant?
(1) An eligible organization may file an application in response to
CNCS' published request, such as a Notice of Funding Opportunity or a
Notice of Funding Availability. Applicants are not assured of selection
or approval and may have to compete with other applicants.
(2) The applicant shall comply with the provisions of Executive
Order 12372, ``Intergovernmental Review of Federal Programs,'' (3 CFR,
1982 Comp., p. 197) in 45 CFR part 1233 and any other applicable
requirements.
(b) Who reviews the merits of an application and how is a grant
awarded? (1) CNCS reviews and determines the merit of an application by
its responsiveness to published guidelines and to the overall purposes
and objectives of the program. When funds are available, CNCS awards a
grant in writing to each applicant whose grant proposal provides the
best potential for serving the purpose of the program.
(2) The award will be documented by the Notice of Grant Award
(NGA). CNCS and the sponsoring organization are the parties to the NGA.
The NGA will document the sponsor's commitment to fulfill specific
programmatic objectives and financial obligations. It will document the
extent of CNCS' obligation to provide financial support to the sponsor.
(c) What happens if CNCS rejects an application? CNCS will return
an application that is not approved for funding to the applicant with
an explanation of CNCS' decision.
(d) For what period of time does CNCS award a grant? CNCS awards a
Senior Companion grant for a specified period that is usually 12 months
in duration.
0
25. Amend Sec. 2551.92 as follows:
0
a. Revise paragraphs (a), (b) introductory text, (c), and (d).
0
b. Remove paragraph (e).
0
c. Redesignate paragraph (f) as (e) and revise newly redesignated
paragraph (e).
The revisions read as follows:
Sec. 2551.92 What are project funding requirements?
(a) Is non-CNCS support required? A CNCS grant may be awarded to
fund up to 90 percent of the cost of development and operation of a
Senior Companion project. The sponsor is required to contribute at
least 10 percent of the total project cost from non-Federal sources or
authorized Federal sources.
(b) Under what circumstances does CNCS allow less than the 10
percent non-CNCS support? CNCS may allow exceptions to the 10 percent
local support requirement in cases of demonstrated need such as:
* * * * *
(c) May CNCS restrict how a sponsor uses locally generated
contributions in excess of the 10 percent non-CNCS support required?
Whenever locally generated contributions to Senior Companion projects
are in excess of the minimum 10 percent non-CNCS support required, CNCS
may not restrict the manner in which such contributions are expended
provided such expenditures are consistent with the provisions of the
Act.
(d) Are program expenditures subject to audit? All expenditures by
the grantee of Federal and non-Federal funds, including expenditures
from excess locally generated contributions in support of the grant,
are subject to audit by CNCS, its Inspector General, or their
authorized agents.
(e) May a sponsor pay stipends at rates different than those
established by CNCS? No, a sponsor shall pay stipends at rates
established by CNCS.
0
26. Amend Sec. 2551.93 as follows:
0
a. Revise the section heading.
0
b. Remove the word ``and'' from the end of paragraph (a)(3).
0
c. Revise paragraph (a)(4).
[[Page 6746]]
0
d. Add paragraph (a)(5).
0
e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as follows:
Sec. 2551.93 What are a sponsor's legal requirements in managing
grants?
* * * * *
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS requirements.
(b) Project support provided under a CNCS grant shall be furnished
at the lowest possible cost consistent with the effective operation of
the project.
* * * * *
(e) Payments to settle discrimination complaints, either through a
settlement agreement or formal adjudication, are not allowable costs.
(f) Written CNCS approval is required for the following changes in
the approved grant:
(1) Reduction in budgeted volunteer service years.
(2) Change in the service area.
0
27. Revise Sec. 2551.101 to read as follows:
Sec. 2551.101 What rule governs the recruitment and enrollment of
persons who do not meet the income eligibility guidelines to serve as
Senior Companions?
Over-income persons as described in Sec. 2551.43, age 55 or over,
may be enrolled in SCP project as non-stipended volunteers.
0
28. Amend Sec. 2551.102 as follows:
0
a. Revise paragraphs (b) and (d).
0
b. Remove paragraphs (e) and (f).
0
c. Redesignate paragraph (g) as (e) and revise newly redesignated
paragraph (e).
The revisions read as follows:
Sec. 2551.102 What are the conditions of service of non-stipended
Senior Companions?
* * * * *
(b) No special privilege or status is granted or created among
Senior Companions, whether stipended or non-stipended, and equal
treatment is required.
* * * * *
(d) All regulations and requirements applicable to the program
apply to Senior Companions.
* * * * *
(e) Non-stipended Senior Companions may contribute the costs they
incur in connection with their participation in the program. An SCP
project may not count such contributions as part of the required non-
CNCS support (match) for the grant.
0
29. Revise Sec. 2551.103 to read as follows:
Sec. 2551.103 Must a sponsor be required to enroll non-stipended
Senior Companions?
No. Enrollment of non-stipended Senior Companions is not a
condition for a sponsor to receive a new or continuation grant.
Sec. 2551.104 [Removed and Reserved]
0
30. Remove and reserve Sec. 2551.104.
0
31. Revise the heading for subpart K to read as follows:
Subpart K--Non-CNCS Funded Senior Companion Projects
0
32. Revise Sec. 2551.111 to read as follows:
Sec. 2551.111 Under what conditions may an agency or organization
sponsor a Senior Companion project without CNCS funding?
An eligible agency or organization who wishes to sponsor a Senior
Companion project without CNCS funding must make an application through
the designated grants management system which is approved by CNCS and
documented through the Notice of Grant Agreement (NGA).
0
33. Amend Sec. 2551.112 by revising the section heading, introductory
text, and paragraph (a) to read as follows:
Sec. 2551.112 What benefits are a non-CNCS funded project entitled
to?
The Notice of Grant Award entitles the sponsor of a Non-CNCS funded
project to:
(a) All technical assistance and materials provided to CNCS funded
Senior Companion projects; and
* * * * *
0
34. Revise Sec. 2551.113 to read as follows:
Sec. 2551.113 What financial obligation does CNCS incur for non-CNCS
funded projects?
Issuance of an NGA to a sponsor of a non-CNCS funded project does
not create a financial obligation on the part of CNCS for any costs
associated with the project.
0
35. Revise Sec. 2551.114 to read as follows:
Sec. 2551.114 What happens if a non-CNCS funded sponsor does not
comply with the NGA?
A non-CNCS funded project sponsor's noncompliance with the NGA may
result in suspension or termination CNCS' agreement and all benefits
specified in Sec. 2551.112.
0
36. Revise Sec. 2551.121(c)(2), (g), and (h) 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) * * *
(2) This section does not prohibit a sponsor from soliciting and
accepting voluntary contributions from the community at large to meet
its local support obligations under the grant or from entering into
agreements with parties other than beneficiaries to support additional
volunteers beyond those supported by CNCS.
* * * * *
(g) Religious activities. (1) A Senior Companion or a member of the
project staff funded by CNCS shall not give religious instruction,
conduct worship services, or engage in any form of proselytization as
part of his/her duties.
(2) A sponsor or volunteer station may retain its independence and
may continue to carry out its mission, including the definition,
development, practice, and expression of its religious beliefs,
provided that it does not use CNCS funds to support any inherently
religious activities, such as worship, religious instruction, or
proselytization, as part of the programs or services funded. If an
organization conducts such activities, the activities must be offered
separately, in time or location, from the programs or services funded
under this part.
(h) Nepotism. Persons selected for project staff positions shall
not be related by blood or marriage to other project staff, sponsor
staff or officers, or members of the sponsor Board of Directors, unless
there is written concurrence from the Advisory Council or community
group established by the sponsor under subpart B of this part, and with
notification to CNCS.
0
37. Revise Sec. 2551.122 to read as follows:
Sec. 2551.122 What legal coverage does CNCS make available to Senior
Companions?
It is within CNCS's discretion to determine if Counsel is employed
and counsel fees, court costs, bail and other expenses incidental to
the defense of a SCP volunteer are paid in a criminal, civil or
administrative proceeding, when such a proceeding arises directly out
of performance of the volunteer's activities. The circumstances under
which CNCS may pay such expenses are specified in 45 CFR part 1220.
PART 2552--FOSTER GRANDPARENT PROGRAM
0
38. The authority citation 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.
[[Page 6747]]
0
39. Revise Sec. 2552.11 to read as follows:
Sec. 2552.11 What is the Foster Grandparent Program?
The Foster Grandparent Program provides grants to qualified
agencies and organizations 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. 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.
0
40. Amend Sec. 2552.12 as follows:
0
a. Remove paragraphs (h), (n), (o), (r), (w), and (x).
0
b. Remove all alphabetical paragraph designations.
0
c. Revise the definitions of ``Adequate staffing level'', ``Chief
Executive Officer'', and ``Children having exceptional needs''.
0
d. Add the definition of ``CNCS''.
0
e. Revise the definitions of ``Cost reimbursements'', ``Letter of
Agreement'', and ``National Senior Service Corps (NSSC)''.
0
f. Add the definitions of ``Non-CNCS support (excess)'', ``Non-CNCS
support (match)'', and ``Performance measures'' in alphabetical order.
0
g. Revise the definition of ``Project''.
0
h. Add the definition of ``Proprietary Health Care Organization'' in
alphabetical order.
0
i. Revise the definitions of ``Service area'', ``Sponsor'', and
``Stipend''.
0
j. Add the definition of ``United States and Territories'' in
alphabetical order.
0
k. Revise the definitions of ``Volunteer assignment plan'' and
``Volunteer station''.
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 National Senior Service
Corps (NSSC) project operations considering such factors as: number of
budgeted Volunteer Service Years (VSYs), number of volunteer stations,
and the size of the service area.
* * * * *
Chief Executive Officer. The Chief Executive Officer of CNCS
appointed under the National and Community Service Act of 1990, as
amended, (NCSA), 42 U.S.C. 12501 et seq.
* * * * *
Children having exceptional needs. Children who have a
developmental disability, such as those who have autism, intellectual
disability, cerebral palsy or epilepsy, a visual impairment, speech
impairment, hearing impairment, or orthopedic impairment, an emotional
or behavioral disorder, a 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 the child, existence
of a 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.
* * * * *
CNCS. The Corporation for National and Community Service
established under the NCSA.
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 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.
* * * * *
National Senior Service Corps (NSSC). 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. NSSC is also referred to as the ``Senior Corps''.
Non-CNCS support (excess). The amount of non-Federal cash and in-
kind contributions generated by a sponsor in excess of the required
percentage.
Non-CNCS support (match). The percentage share of non-CNCS 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 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 CNCS and implemented by the sponsor.
Proprietary Health Care Organizations. 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.
* * * * *
Sponsor. A public agency, including Indian tribes as defined in
section 421 (5) of the Act, and non-profit private 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 minimum amount of the stipend is set by
CNCS 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, and 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 served 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
41. Revise Sec. 2552.21 to read as follows:
Sec. 2552.21 Who is eligible to serve as a sponsor?
CNCS awards grants to public agencies, including Indian tribes as
defined in section 421 (5) of the Act, and non-profit private
organizations, both secular and faith-based, in the United States that
have authority to accept and the capability to administer a Foster
Grandparent project.
[[Page 6748]]
0
42. Revise Sec. 2552.22 to read as follows:
Sec. 2552.22 What are the responsibilities of a sponsor?
A sponsor is responsible for fulfilling all project management
requirements necessary to accomplish the purposes of the Foster
Grandparent Program as specified in the Act. A sponsor shall not
delegate or contract these overall management responsibilities to
another entity. CNCS retains the right to determine what types of
management responsibilities may or may not be contracted.
0
43. Amend Sec. 2552.23 as follows:
0
a. Revise the section heading and paragraphs (a), (b), and (c)
introductory text.
0
b. Remove the word ``and'' from the end of paragraph (c)(2)(iii).
0
c. Revise paragraphs (c)(2)(iv), (f), and (g).
0
d. Remove paragraphs (i) and (j).
0
e. Redesignate paragraphs (k) and (l) as (i) and (j), respectively, and
revise newly redesignated paragraphs (i) and (j).
0
f. Add new paragraphs (k) through (l).
The revisions and additions read as follows:
Sec. 2552.23 What are a sponsor's project responsibilities?
* * * * *
(a) Focus Foster Grandparent resources, within the project's
service area, on providing supportive services and companionship to
children with special and exceptional needs, or in circumstances that
limit their academic, social or emotional development.
(b) In collaboration with other community organizations or by using
existing assessments, assess the needs of the community or service
area, and develop strategies to respond to identified needs using
Foster Grandparents.
(c) Develop and manage one or more volunteer stations by:
* * * * *
(2) * * *
(iv) That states the station will not discriminate against FGP
volunteers, service beneficiaries, or in the operation of its program
on the basis of race, color, national origin including individuals with
limited English proficiency, gender, age, religion, sexual orientation,
disability, gender identity or expression, political affiliation,
marital or parental status, or military service; and
* * * * *
(f) Provide Foster Grandparents with assignments that show direct
and demonstrable benefits to the children and the community served, the
Foster Grandparents, and the volunteer station; with required cost
reimbursements specified in Sec. 2552.46; with 20 hours of pre-service
orientation and at least 24 hours annually of in-service training.
(g) Encourage the most efficient and effective use of Foster
Grandparents by coordinating project services and activities with
related national, state and local programs, including other CNCS
programs.
* * * * *
(i) Establish written service policies for Foster Grandparents that
include but are not limited to:
(1) Annual and sick leave.
(2) Holidays.
(3) Service schedules.
(4) Termination and appeal procedures.
(5) Meal and transportation reimbursements.
(j) Conduct National Service Criminal History Checks in accordance
with the requirements in 45 CFR 2540.200 through 2540.207.
(k) Provide Foster Grandparent volunteers with cost reimbursements
specified in this section.
(l) Make every effort to meet such performance measures as
established in the approved grant application.
0
44. Revise Sec. 2552.24(a)(2), (3), and (4) to read as follows:
Sec. 2552.24 What are a sponsor's responsibilities for securing
community participation?
(a) * * *
(2) With an interest in the field of community service and
volunteerism;
(3) Capable of helping the sponsor satisfy its administrative and
program responsibilities including fund-raising, publicity and meeting
or exceeding performance measures;
(4) With an interest in, and knowledge of, the range of abilities
of older adults; and
* * * * *
0
45. Amend Sec. 2552.25 as follows:
0
a. Revise paragraph (c).
0
b. Remove paragraph (e).
0
c. Redesignate paragraphs (f) through (h) as (e) through (g) and revise
newly redesignated paragraphs (e) through (g).
The revisions read as follows:
Sec. 2552.25 What are a sponsor's administrative responsibilities?
* * * * *
(c) Employ a full-time project director to accomplish project
objectives and manage the functions and activities delegate to project
staff for Senior Corps 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. A full-
time project director shall not serve concurrently in another capacity,
paid or unpaid, during established working hours. A sponsor may
negotiate the employment of a part-time project director with CNCS when
the sponsor can demonstrate that such an arrangement will not adversely
affect the size, scope or quality of project operations.
* * * * *
(e) Establish risk management policies and procedures covering
Foster Grandparent project activities. This includes provision of
appropriate insurance coverage for Foster Grandparents, which includes;
accident insurance, personal liability insurance, and excess automobile
liability insurance.
(f) Establish record keeping and reporting systems in compliance
with CNCS requirements that ensure quality of program and fiscal
operations, facilitate timely and accurate submission of required
reports and cooperate with CNCS evaluation and data collection efforts.
(g) Comply with, and ensure that all volunteer stations comply
with, all applicable civil rights laws and regulations, including non-
discrimination based on disability.
Sec. 2552.33 [Removed and Reserved]
0
46. Remove and reserve Sec. 2552.33.
0
47. Revise Sec. 2552.34(a)(3) and (b) to read as follows:
Sec. 2552.34 What are the rules on suspension, termination, and
denial of refunding of grants?
(a) * * *
(3) In any case where an application for refunding is denied for
failure to comply with the terms and conditions of the grant, the
recipient shall be afforded an opportunity for an informal hearing
before an impartial hearing officer, who has been agreed to by the
recipient and CNCS; and
* * * * *
(b) Hearings or other meetings as may be necessary to fulfill the
requirements of this section should, to the extent practicable, be held
in locations convenient to the recipient agency.
* * * * *
0
48. Revise the heading for subpart D to read as follows:
Subpart D--Foster Grandparent Eligibility, Status, Cost
Reimbursements and Benefits
0
49. Amend Sec. 2552.41 as follows:
0
a. Add the word ``and'' at the end of paragraph (a)(1).
0
b. Remove paragraphs (a)(2) and (3).
[[Page 6749]]
0
c. Redesignate paragraph (a)(4) as (a)(2) and revise newly redesignated
paragraph (a)(2).
0
d. Revise paragraph (b).
The revision reads as follows:
Sec. 2552.41 Who is eligible to be a Foster Grandparent?
(a) * * *
(2) In order to receive a stipend, have an income that is within
the income eligibility guidelines specified in this subpart.
(b) Eligibility to serve as a Foster Grandparent shall not be
restricted on the basis of formal education, experience, race, color,
national origin including limited English proficiency, gender, age,
religion, sexual orientation, disability, gender identity or
expression, political affiliation, marital or parental status, or
military service.
0
50. Revise Sec. 2552.43(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, annual
income is projected for the following 12 months, based on 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.
* * * * *
0
51. Amend Sec. 2552.44 by revising paragraphs (a)(1) and (3) and
adding paragraphs (b)(3) through (5) to read as follows:
Sec. 2552.44 What is considered income for determining volunteer
eligibility?
(a) * * *
(1) Money, wages, and salaries before any deduction;
* * * * *
(3) Social Security, Unemployment or Workers Compensation, strike
benefits, training stipends, alimony, and military family allotments,
or other regular support from an absent family member or someone not
living in the household;
* * * * *
(b) * * *
(3) Regular payments for public assistance including the
Supplemental Nutrition Assistance Program (SNAP);
(4) Social Security Disability or any type of disability payment;
and
(5) Food or rent received in lieu of wages.
0
52. Revise Sec. 2552.45 to read as follows:
Sec. 2552.45 Is a Foster Grandparent a federal employee, an employee
of the sponsor or of the volunteer station?
Foster Grandparents are volunteers, and are not employees of the
sponsor, the volunteer station, CNCS or the Federal Government.
0
53. Amend Sec. 2552.46 by revising the section heading, introductory
text, and paragraphs (a), (b) introductory text, (b)(1) and (2),
(b)(3)(i)(A) and (B), (b)(3)(ii), (c), (d), (e), and (f) to read as
follows:
Sec. 2552.46 What cost reimbursements and benefits are provided to
Foster Grandparents?
Cost reimbursements and benefits include:
(a) Stipend. The stipend is paid for the time Foster Grandparents
spend with their assigned children, for earned leave, and for
attendance at official project events.
(b) Insurance. A Foster Grandparent is provided with the CNCS
specified minimum levels of insurance as follows:
(1) Accident insurance. Accident insurance covers Foster
Grandparents for personal injury during travel between their homes and
places of assignment, during their service, during meal periods while
serving as a Foster Grandparent, and while attending project-sponsored
activities. Protection shall be provided against claims in excess of
any benefits or services for medical care or treatment available to the
Foster Grandparent from other sources.
(2) Personal liability insurance. Protection is provided against
claims in excess of protection provided by other insurance. Such
protection does not include professional liability coverage.
(3) * * *
(i) * * *
(A) Liability insurance Foster Grandparents carry on their own
automobiles; or
(B) The limits of applicable state financial responsibility law, or
in its absence, levels of protection to be determined by CNCS for each
person, each accident, and for property damage.
(ii) Foster Grandparents who drive their personal vehicles to, or
on, assignments or project-related activities, shall maintain personal
automobile liability insurance equal to or exceeding the levels
established by CNCS.
(c) Transportation. Foster Grandparents shall receive assistance
with the cost of transportation to and from, assignments and official
project activities, including orientation, training, and recognition
events.
(d) Meals. Foster Grandparents may be provided assistance with the
cost of meals taken while on assignment, within limits of the project's
available resources.
(e) Recognition. Foster Grandparent volunteers shall be provided
recognition for their service.
(f) Other volunteer expenses. Foster Grandparents may also be
reimbursed for allowable out-of-pocket expenses incurred while
performing their assignments
0
54. Revise Sec. 2552.47 to read as follows:
Sec. 2552.47 May the cost reimbursements and benefits received by a
Foster Grandparent be subject to any tax or charge, be treated as wages
or compensation, or affect eligibility to receive assistance from other
programs?
No. Foster Grandparent's cost reimbursements and benefits are not
subject to any tax or charge or treated as wages or compensation for
the purposes of unemployment insurance, worker's compensation,
temporary disability, retirement, public assistance, or similar benefit
payments or minimum wage laws. Cost reimbursements and benefits are not
subject to garnishment and do not reduce or eliminate the level of, or
eligibility for, assistance or services a Foster Grandparent may be
receiving under any governmental program.
0
55. Revise Sec. 2552.51 to read as follows:
Sec. 2552.51 What are the terms of service of a Foster Grandparent?
A Foster Grandparent shall serve a minimum of 260 hours annually,
or a minimum of 5 hours per week. A Senior Companion may serve a
maximum of 2080 hours annually, or a maximum of 40 hours per week.
0
56. Revise Sec. 2552.52(c) to read as follows:
Sec. 2552.52 What factors are considered in determining a Foster
Grandparent's service schedule?
* * * * *
(c) Meal time may be part of the service schedule and is stipended.
0
57. Revise Sec. 2552.53 to read as follows:
Sec. 2552.53 Under what circumstances may a Foster Grandparent be
removed from service?
(a) A sponsor may remove a Foster Grandparent from service for
cause. Grounds for removal include, but are not limited to: Extensive
and unauthorized absences; misconduct; failure to perform assignments
or failure to accept supervision. A Foster Grandparent may also be
removed from stipended service for having income in
[[Page 6750]]
excess of the eligibility level. A Foster Grandparent shall be removed
immediately if ineligible to serve based on criminal history check
results.
(b) The sponsor shall establish appropriate policies on removal
from service, as well as procedures for appeal.
0
58. Revise Sec. 2552.61 to read as follows:
Sec. 2552.61 May a sponsor serve as a volunteer station?
Yes. A sponsor may serve as a volunteer station, if the activities
are part of a work plan in the approved project application.
0
59. Amend Sec. 2552.62 as follows:
0
a. Revise paragraphs (c) and (d).
0
b. Add the word ``and'' to the end of paragraph (e)(1).
0
c. Revise paragraph (e)(2).
0
d. Remove paragraph (e)(3).
0
e. Revise paragraphs (i) and (j).
The revisions read as follows:
Sec. 2552.62 What are the responsibilities of a volunteer station?
* * * * *
(c) Develop a written volunteer assignment plan for each Foster
Grandparent that identifies their roles and activities, each child
served, and expected outcomes.
(d) Keep a Letter of Agreement for each child who receives in-home
service.
(e) * * *
(2) Resources required for performance of assignments, including
reasonable accommodation, as needed, to enable Foster Grandparents with
disabilities to perform the essential functions of their service; and
* * * * *
(i) Comply with all applicable civil rights laws and regulations,
including providing Foster Grandparents with disabilities reasonable
accommodation, to perform the essential functions of their service.
(j) Undertake such other responsibilities as may be necessary for
the successful performance of Foster Grandparents in their assignments
or as agreed to in the Memorandum of Understanding.
0
60. Revise Sec. 2552.71(a) and (b) to read as follows:
Sec. 2552.71 What requirements govern the assignment of Foster
Grandparents?
* * * * *
(a) Provide for Foster Grandparents to give direct services to one
or more eligible children.
(b) Result in person-to-person supportive relationships with each
child served. Foster Grandparent volunteers cannot be assigned to roles
such as teacher's aides, group leaders or other similar positions that
would detract from the person-to-person relationship.
* * * * *
0
61. Amend Sec. 2552.72 as follows:
0
a. Revise the section heading and paragraph (a)(5).
0
b. Remove and reserve paragraph (b).
Sec. 2552.72 Is a written volunteer assignment plan required for each
Foster Grandparent?
(a) * * *
(5) Is used to review the impact of the assignment on the
child(ren).
* * * * *
0
62. Revise the heading for subpart H to read as follows:
Subpart H--Children and Youth Served
0
63. Revise the heading for Sec. 2552.81 to read as follows:
Sec. 2552.81 Who is eligible to be served?
* * * * *
0
64. Revise Sec. 2552.82(a) introductory text to read as follows:
Sec. 2552.82 Under what circumstances may a Foster Grandparent
continue to serve an individual beyond his or her 21st birthday?
(a) Only when a Foster Grandparent has been assigned to, and has
developed a relationship with an individual with a disability, may that
assignment continue beyond the individual's 21st birthday, provided
that:
* * * * *
0
65. Revise Sec. 2552.91 to read as follows:
Sec. 2552.91 What is the process for application and award of a
grant?
(a) How and when may an eligible organization apply for a grant?
(1) An eligible organization may file an application in response to
CNCS' published request, such as a Notice of Funding Opportunity or a
Notice of Funding Availability. Applicants are not assured of selection
or approval and may have to compete with other applicants.
(2) The applicant shall comply with the provisions of Executive
Order 12372, ``Intergovernmental Review of Federal Programs,'' (3 CFR,
1982 Comp., p. 197) in 45 CFR part 1233 and any other applicable
requirements.
(b) Who reviews the merits of an application and how is a grant
awarded? (1) CNCS reviews and determines the merit of an application by
its responsiveness to published guidelines and to the overall purposes
and objectives of the program. When funds are available, CNCS awards a
grant in writing to each applicant whose grant proposal provides the
best potential for serving the purpose of the program.
(2) The award will be documented by the Notice of Grant Award
(NGA). CNCS and the sponsoring organization are the parties to the NGA.
The NGA will document the sponsor's commitment to fulfill specific
programmatic objectives and financial obligations. It will document the
extent of CNCS' obligation to provide financial support to the sponsor.
(c) What happens if CNCS rejects an application? CNCS will return
an application that is not approved for funding to the applicant with
an explanation of CNCS' decision.
(d) For what period of time does CNCS award a grant? CNCS awards a
Foster Grandparent grant for a specified period that is usually 12
months in duration.
0
66. Amend Sec. 2552.92 as follows;
0
a. Revise paragraphs (a), (b) introductory text, (c), and (d).
0
b. Remove paragraph (e).
0
c. Redesignate paragraph (f) as (e) and revise newly redesignated
paragraph (e).
The revisions read as follows:
Sec. 2552.92 What are project funding requirements?
(a) Is non-CNCS support required? A CNCS grant may be awarded to
fund up to 90 percent of the cost of development and operation of a
Foster Grandparent project. The sponsor is required to contribute at
least 10 percent of the total project cost from non-Federal sources or
authorized Federal sources.
(b) Under what circumstances does CNCS allow less than the 10
percent non-CNCS support? CNCS may allow exceptions to the 10 percent
local support requirement in cases of demonstrated need such as:
* * * * *
(c) May CNCS restrict how a sponsor uses locally generated
contributions in excess of the 10 percent non-CNCS support required?
Whenever locally generated contributions to Foster Grandparent projects
are in excess of the minimum 10 percent non-CNCS support required, CNCS
may not restrict the manner in which such contributions are expended
provided such expenditures are consistent with the provisions of the
Act.
(d) Are program expenditures subject to audit? All expenditures by
the grantee of Federal and non-Federal funds, including expenditures
from excess locally generated contributions in support of the grant are
subject to audit by CNCS, its Inspector General, or their authorized
agents.
[[Page 6751]]
(e) May a sponsor pay stipends at rates different than those
established by CNCS? No, a sponsor shall pay stipends at rates
established by CNCS.
0
67. Amend Sec. 2552.93 as follows:
0
a. Revise the section heading.
0
b. Remove the word ``and'' from the end of paragraph (a)(3).
0
c. Revise paragraph (a)(4).
0
d. Add paragraph (a)(5).
0
e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as follows:
Sec. 2552.93 What are a sponsor's legal requirements in managing
grants?
* * * * *
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS requirements.
(b) Project support provided under a CNCS grant shall be furnished
at the lowest possible cost consistent with the effective operation of
the project.
* * * * *
(e) Payments to settle discrimination complaints, either through a
settlement agreement or formal adjudication, are not allowable costs.
(f) Written CNCS approval is required for the following changes in
the approved grant:
(1) Reduction in budgeted volunteer service years.
(2) Change in the service area.
0
68. Revise Sec. 2552.101 to read as follows:
Sec. 2552.101 What rule governs the recruitment and enrollment of
persons who do not meet the income eligibility guidelines to serve as
Foster Grandparents?
Over-income persons as described in Sec. 2552.43, age 55 or over,
may be enrolled in FGP project as non-stipended volunteers.
0
69. Amend Sec. 2552.102 as follows:
0
a. Revise paragraphs (b) and (d).
0
b. Remove paragraphs (e) and (f).
0
c. Redesignate paragraph (g) as (e) and revise newly redesignated
paragraph (e).
The revisions read as follows:
2552.102 What are the conditions of service of non-stipended Foster
Grandparents?
* * * * *
(b) No special privilege or status is granted or created among
Foster Grandparents, whether stipended or non-stipended, and equal
treatment is required.
* * * * *
(d) All regulations and requirements applicable to the program
apply to all Foster Grandparents.
* * * * *
(e) Non-stipended Foster Grandparents may contribute the costs they
incur in connection with their participation in the program. An FGP
project may not count such contributions as part of the required non-
CNCS support (match) for the grant.
0
70. Revise Sec. 2552.103 to read as follows:
Sec. 2552.103 Must a sponsor be required to enroll non-stipended
Foster Grandparents?
No. Enrollment of non-stipended Foster Grandparents is not a
condition for a sponsor to receive a new or continuation grant.
Sec. 2552.104 [Removed and Reserved]
0
71. Remove and reserve Sec. 2552.104.
0
72. Revise the heading for subpart K to read as follows:
Subpart K--Non-CNCS Funded Foster Grandparent Projects
0
73. Revise Sec. 2552.111 to read as follows:
Sec. 2552.111 Under what conditions may an agency or organization
sponsor a Foster Grandparent project without CNCS funding?
An eligible agency or organization who wishes to sponsor a Foster
Grandparent project without CNCS funding must make an application
through the designated grants management system which is approved by
CNCS and documented through the Notice of Grant Agreement (NGA).
0
74. Amend Sec. 2552.112 by revising the section heading, introductory
text, and paragraph (a) to read as follows:
Sec. 2552.112 What benefits are a non-CNCS funded project entitled
to?
The Notice of Grant Award entitles the sponsor of a Non-CNCS funded
project to:
(a) All technical assistance and materials provided to CNCS funded
Foster Grandparent projects; and
* * * * *
0
75. Revise Sec. 2552.113 to read as follows:
Sec. 2552.113 What financial obligation does CNCS incur for non-CNCS
funded projects?
Issuance of an NGA to a sponsor of a non-CNCS funded project does
not create a financial obligation on the part of CNCS for any costs
associated with the project.
0
76. Revise Sec. 2552.114 to read as follows:
Sec. 2552.114 What happens if a non-CNCS funded sponsor does not
comply with the NGA?
A non-CNCS funded project sponsor's noncompliance with the NGA may
result in suspension or termination CNCS' agreement and all benefits
specified in Sec. 2552.112.
0
77. Revise Sec. 2552.121(c)(2), (g), and (h) 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) * * *
(2) This section does not prohibit a sponsor from soliciting and
accepting voluntary contributions from the community at large to meet
its local support obligations under the grant or from entering into
agreements with parties other than beneficiaries to support additional
volunteers beyond those supported by CNCS.
* * * * *
(g) Religious activities. (1) A Foster Grandparent or a member of
the project staff funded by CNCS shall not give religious instruction,
conduct worship services or engage in any form of proselytization as
part of his/her duties.
(2) A sponsor or volunteer station may retain its independence and
may continue to carry out its mission, including the definition,
development, practice, and expression of its religious beliefs,
provided that it does not use CNCS funds to support any inherently
religious activities, such as worship, religious instruction, or
proselytization, as part of the programs or services funded. If an
organization conducts such activities, the activities must be offered
separately, in time or location, from the programs or services funded
under this part.
(h) Nepotism. Persons selected for project staff positions shall
not be related by blood or marriage to other project staff, sponsor
staff or officers, or members of the sponsor Board of Directors, unless
there is written concurrence from the Advisory Council or community
group established by the sponsor under subpart B of this part, and with
notification to CNCS.
0
78. Revise Sec. 2552.122 to read as follows:
Sec. 2552.122 What legal coverage does CNCS make available to Foster
Grandparents?
It is within CNCS' discretion to determine if Counsel is employed
and counsel fees, court costs, bail and other expenses incidental to
the defense of a FGP volunteer are paid in a criminal, civil or
administrative proceeding, when such a proceeding arises directly out
of performance of the volunteer's activities. The circumstances under
which CNCS may pay such expenses are specified in 45 CFR part 1220.
[[Page 6752]]
PART 2553--THE RETIRED AND SENIOR VOLUNTEER PROGRAM
0
79. The authority citation for part 2553 continues to read as follows:
Authority: 42 U.S.C. 4950 et seq.
0
80. Amend Sec. 2553.12 as follows:
0
a. Remove paragraphs (e), (j), (k), (n), (q), and (r).
0
b. Remove all alphabetical paragraph designations.
0
c. Revise the definition of ``Adequate staffing level''.
0
d. Add the definition of ``Assignment description'' in alphabetical
order.
0
e. Revise the definition of ``Chief Executive Officer''.
0
f. Add the definition of ``CNCS''.
0
g. Revise the definitions of ``Cost reimbursements'', ``Letter of
Agreement'', and ``National Senior Service Corps (NSSC)''.
0
h. Add the definitions of ``Non-CNCS support (excess)'' and ``Non-CNCS
support (match)'' in alphabetical order.
0
i. Revise the definitions of ``Performance measures'' and ``Project''.
0
j. Add the definition of ``Proprietary Health Care Organization'' in
alphabetical order.
0
k. Revise the definitions of ``Service area'' and ``Sponsor''.
0
l. Add the definition of ``United States and Territories'' in
alphabetical order.
0
m. Revise the definition of ``Volunteer station''.
The revisions and additions read as follows:
Sec. 2553.12 Definitions.
* * * * *
Adequate staffing level. The number of project staff or full time
equivalent needed by a sponsor to manage the National Senior Service
Corps (NSSC) project operations considering such factors as: Number of
budgeted volunteers, number of volunteer stations, and the size of the
service area.
* * * * *
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 CNCS
appointed under the National and Community Service Act of 1990, as
amended, (NCSA), 42 U.S.C. 12501 et seq.
CNCS. The Corporation for National and Community Service
established under the NCSA.
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 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.
* * * * *
National Senior Service Corps (NSSC). The collective name for the
Senior Companion Program (SCP), Foster Grandparent Program (FGP), and
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. NSSC is also referred to as the ``Senior Corps.''
Non-CNCS support (excess). The amount of non-CNCS cash and in-kind
contributions generated by a sponsor in excess of the required
percentage.
Non-CNCS support (match). The percentage share of non-CNCS cash and
in-kind contributions required to be raised by the sponsor in support
of the grant.
Performance measures. Indicators intended to 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 CNCS and implemented by the sponsor.
Proprietary Health Care Organizations. 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 non-profit private organizations, both
secular and faith-based, in the United States that have authority to
accept and the capability to administer a Senior Companion 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, and 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
81. Revise Sec. 2553.21 to read as follows:
Sec. 2553.21 Who is eligible to serve as a sponsor?
CNCS awards grants to public agencies, including Indian tribes as
defined in section 421 (5) of the Act, and non-profit private
organizations, both secular and faith-based, in the United States that
have authority to accept and the capability to administer an RSVP
project.
0
82. Revise Sec. 2553.22 to read as follows:
Sec. 2553.22 What are the responsibilities of a sponsor?
A sponsor is responsible for fulfilling all project management
requirements necessary to accomplish the purposes of the RSVP project
as specified in the Act. A sponsor shall not delegate or contract these
overall management responsibilities to another entity. CNCS retains the
right to determine what types of management responsibilities may or may
not be contracted.
0
83. Amend Sec. 2553.23 as follows:
0
a. Revise the section heading and paragraphs (b) and (c) introductory
text.
0
b. Remove the word ``and'' from the end of paragraph (c)(2)(iii).
0
c. Revise paragraph (c)(2)(iv).
0
d. Add paragraph (c)(2)(v).
0
e. Remove paragraph (c)(3).
0
f. Revise paragraph (e).
0
g. Remove paragraphs (f), (g), and (i).
0
h. Redesignate paragraphs (h) and (j) as (f) and (g), respectively, and
revise newly redesignated paragraph (g).
The revisions and addition read as follows:
Sec. 2553.23 What are a sponsor's project responsibilities?
* * * * *
(b) In collaboration with other community organizations or by using
existing assessments, assess the needs of the community or service
area, and develop strategies to respond to identified needs using RSVP
volunteers.
(c) Develop and manage one or more volunteer stations to provide a
wide range of placement opportunities that appeal to persons age 55 and
over by:
* * * * *
(2) * * *
(iv) That states the station will not discriminate against RSVP
volunteers,
[[Page 6753]]
service beneficiaries, or in the operation of its program on the basis
of race, color, national origin including individuals with limited
English proficiency, gender, age, religion, sexual orientation,
disability, gender identity or expression, political affiliation,
marital or parental status, or military service; and
(v) That states the station will provide for the safety of the RSVP
volunteers assigned to the station.
* * * * *
(e) Encourage the most efficient and effective use of RSVP
volunteers by coordinating project services and activities with related
national, state and local programs, including other CNCS programs.
* * * * *
(g) Make every effort to meet such performance measures as
established in the approved grant application.
0
84. Revise Sec. 2553.24(a)(2) through (4) to read as follows:
Sec. 2553.24 What are a sponsor's responsibilities for securing
community participation?
(a) * * *
(2) With an interest in the field of community service and
volunteerism;
(3) Capable of helping the sponsor satisfy its administrative and
program responsibilities including fund-raising, publicity and meeting
or exceeding performance measures;
(4) With an interest in, and knowledge of, the range of abilities
of older adults; and
* * * * *
0
85. Amend Sec. 2553.25 as follows:
0
a. Revise paragraph (c).
0
b. Remove paragraph (e).
0
c. Redesignate paragraphs (f) through (i) as (e) through (h) and revise
newly redesignated paragraphs (e) through (h).
The revisions read as follows:
Sec. 2553.25 What are a sponsor's administrative responsibilities?
* * * * *
(c) Employ a full-time project director to accomplish project
objectives and manage the functions and activities delegate to project
staff for Senior Corps 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. A full-
time project director shall not serve concurrently in another capacity,
paid or unpaid, during established working hours. A sponsor may
negotiate the employment of a part-time project director with CNCS when
the sponsor can demonstrate that such an arrangement will not adversely
affect the size, scope or quality of project operations.
* * * * *
(e) Establish risk management policies and procedures covering RSVP
project activities. This includes provision of appropriate insurance
coverage for RSVP volunteers, which includes: Accident insurance,
personal liability insurance, and excess automobile liability
insurance.
(f) Establish record keeping and reporting systems in compliance
with CNCS requirements that ensure quality of program and fiscal
operations, facilitate timely and accurate submission of required
reports and cooperate with CNCS evaluation and data collection efforts.
(g) Comply with, and ensure that all volunteer stations comply
with, all applicable civil rights laws and regulations, including non-
discrimination based on disability.
(h) Conduct National Service Criminal History Checks in accordance
with the requirements in 45 CFR 2540.200 through 2540.207.
Sec. 2553.26 [Removed and Reserved]
0
86. Remove and reserve Sec. 2553.26.
0
87. Revise Sec. 2553.31(a)(3), (b), and (c) to read as follows:
Sec. 2553.31 What are the rules on suspension, termination and denial
of refunding of grants?
(a) * * *
(3) In any case where an application for refunding is denied for
failure to comply with the terms and conditions of the grant, the
recipient shall be afforded an opportunity for an informal hearing
before an impartial hearing officer, who has been agreed to by the
recipient and CNCS; and
* * * * *
(b) Hearings or other meetings as may be necessary to fulfill the
requirements of this section should, to the extent practicable, be held
in locations convenient to the recipient agency.
(c) The procedures for suspension, termination, and denial of
refunding, that apply to the RSVP program are specified in 45 CFR part
1206.
0
88. Amend Sec. 2553.41 as follows:
0
a. Revise the section heading.
0
b. Add the word ``and'' at the end of paragraph (a)(2).
0
c. Remove the semicolon at the end of paragraph (a)(3) and add a period
in its place.
0
d. Remove paragraph (a)(4).
0
e. Revise paragraph (b).
The revisions read as follows:
Sec. 2553.41 Who is eligible to be an RSVP volunteer?
* * * * *
(b) Eligibility to serve as an RSVP volunteer shall not be
restricted on the basis of formal education, experience, race, color,
national origin including limited English proficiency, gender, age,
religion, sexual orientation, disability, gender identity or
expression, political affiliation, marital or parental status, or
military service.
0
89. Revise Sec. 2553.42 to read as follows:
Sec. 2553.42 Is an RSVP volunteer a federal employee, an employee of
the sponsor or of the volunteer station?
RSVP volunteers are not employees of the sponsor, the volunteer
station, CNCS or the Federal Government.
0
90. Revise Sec. 2553.43 to read as follows:
Sec. 2553.43 What cost reimbursements are provided to RSVP
volunteers?
(a) RSVP volunteers may be provided the following cost
reimbursements within the limits of the project's available resources:
(1) Transportation. RSVP volunteers may receive assistance with the
cost of transportation to and from volunteer assignments and official
project activities, including orientation, training, and recognition
events.
(2) Meals. RSVP volunteers may receive assistance with the cost of
meals taken while on assignment.
(3) Other volunteer expenses. RSVP volunteers may also be
reimbursed for allowable out-of-pocket expenses incurred while
performing their assignments.
(b) RSVP volunteers must be provided the following cost
reimbursements:
(1) Recognition. RSVP volunteers shall be provided recognition for
their service.
(2) Insurance. An RSVP volunteer is provided with the CNCS-
specified minimum levels of insurance as follows:
(i) Accident insurance. Accident insurance covers RSVP volunteers
for personal injury during travel between their homes and places of
assignment, during volunteer service, during meal periods while serving
as a volunteer, and while attending project sponsored activities.
Protection shall be provided against claims in excess of any benefits
or services for medical care or treatment available to the volunteer
from other sources.
(ii) Personal liability insurance. Protection is provided against
claims in excess of protection provided by other insurance. It does not
include professional liability coverage.
(iii) Excess automobile insurance. (A) RSVP drivers who drive in
connection with their service shall be provided
[[Page 6754]]
protection against claims in excess of the greater of either:
(1) Liability insurance the volunteers carry on their own
automobiles; or
(2) The limits of applicable state financial responsibility law, or
in its absence, levels of protection to be determined by CNCS for each
person, each accident, and for property damage.
(B) RSVP volunteers who drive their personal vehicles to or on
assignments or project-related activities shall maintain personal
automobile liability insurance equal to or exceeding the levels
established by CNCS.
0
91. Revise Sec. 2553.44 to read as follows:
Sec. 2553.44 May cost reimbursements received by RSVP volunteers be
subject to any tax or charge, treated as wages or compensation, or
affect eligibility to receive assistance from other programs?
No. An RSVP volunteer's cost reimbursements are not subject to any
tax or charge, and are not treated as wages or compensation for the
purposes of unemployment insurance, workers' compensation, temporary
disability, retirement, public assistance or similar benefit payments
or minimum wage laws. Cost reimbursements are not subject to
garnishment, and do not reduce or eliminate the level of, or
eligibility for, assistance or services that a volunteer may be
receiving under any governmental program.
0
92. Revise Sec. 2553.51 to read as follows:
Sec. 2553.51 What are the terms of service of an RSVP volunteer?
An RSVP volunteer shall serve on a regular basis, or intensively on
short-term assignments, consistent with the assignment description.
0
93. Revise Sec. 2553.52 to read as follows:
Sec. 2553.52 Under what circumstances may a sponsor remove an RSVP
volunteer from service?
(a) A sponsor may remove an RSVP volunteer from service for cause.
Grounds for removal include, but are not limited to: Extensive and
unauthorized absences; misconduct; failure to perform assignments and
or failure to accept supervision.
(b) The sponsor shall establish appropriate policies on removal
from service as well as procedures for appeal.
0
94. Revise Sec. 2553.61 to read as follows:
Sec. 2553.61 When may a sponsor serve as a volunteer station?
The sponsor and RSVP project itself may function as a volunteer
station or may initiate special volunteer activities provided that CNCS
agrees these activities are in accord with program objectives and will
not hinder overall project operations.
0
95. Amend Sec. 2553.62 as follows:
0
a. Revise paragraphs (b), (c), (e), and (f)(2) and (3).
0
b. Remove paragraphs (f)(4) and (5).
The revisions read as follows:
Sec. 2553.62 What are the responsibilities of a volunteer station?
* * * * *
(b) Assign staff member responsible for day to day oversight of
RSVP volunteers within the volunteer station and for assessing the
impact of volunteers in addressing community needs;
(c) Keep a Letter of Agreement for each client who receives in-home
service;
* * * * *
(e) Comply with all applicable civil rights requirements including
providing RSVP volunteers with disabilities reasonable accommodation to
perform the essential functions of their service;
(f) * * *
(2) Resources required for performance of assignments including
reasonable accommodation to RSVP volunteers with disabilities to
perform the essential functions of their service; and
(3) Supervision.
* * * * *
0
96. Amend Sec. 2553.71 as follows:
0
a. Revise the introductory text and paragraphs (a)(1), (b)(1),
(b)(2)(iv), (c)(2), (d), and (e).
0
b. Remove paragraph (f).
Sec. 2553.71 What is the process for application and award of a
grant?
As funds become available, CNCS solicits application for RSVP
grants from eligible organizations through a competitive process.
(a) * * *
(1) Submit required information determined by CNCS.
* * * * *
(b) What process does CNCS use to select new RSVP grantees? (1)
CNCS reviews and determines the merits of an application by its
responsiveness to published guidelines and to the overall purpose and
objectives of the program. In conducting its review during the
competitive process, CNCS considers the input and opinions of those
serving on a peer review panel, including members with expertise in
senior service and aging, and may conduct site inspections, as
appropriate.
(2) * * *
(iv) Ensuring innovation and geographic, demographic, and
programmatic diversity across CNCS RSVP grantee portfolio; and
* * * * *
(c) * * *
(2) CNCS and the sponsoring organization are parties to the NGA.
The NGA will document the sponsor's commitment to fulfill specific
programmatic objectives and financial obligations. It will document the
extent of CNCS' obligation to provide assistance to the sponsor.
(d) What happens if CNCS rejects an application? CNCS will inform
an applicant when an application is not approved for funding.
(e) For what period of time does CNCS award a grant? CNCS awards an
RSVP grant for a specified period that is 3 years in duration with an
option for a grant renewal of 3 years, if the grantee's performance and
compliance with grant terms and conditions are satisfactory. CNCS will
terminate funding to a grantee when CNCS determines that the grant
should not be renewed for an additional 3 years.
0
97. Revise Sec. 2553.72(a), (b) introductory text, (c), and (d) to
read as follows:
Sec. 2553.72 What are project funding requirements?
(a) Is non-CNCS support required? (1) A CNCS grant may be awarded
to fund up to 90 percent of the total project cost in the first year,
80 percent in the second year, and 70 percent in the third and
succeeding years.
(2) A sponsor is responsible for identifying non-CNCS funds which
may include in-kind contributions.
(b) Under what circumstances does CNCS allow less than the
percentage identified in paragraph (a) of this section? CNCS may allow
exceptions to the local support requirement identified in paragraph (a)
of this section in cases of demonstrated need such as:
* * * * *
(c) May CNCS restrict how a sponsor uses locally generated
contributions in excess of the non-CNCS support required? Whenever
locally generated contributions to RSVP projects are in excess of the
non-CNCS funds required (10 percent of the total cost in the first
year, 20 percent in the second year and 30 percent in the third and
succeeding years), CNCS may not restrict the manner in which such
contributions are expended provided such expenditures are consistent
with the provisions of the Act.
(d) Are program expenditures subject to audit? All expenditures by
the grantee of Federal and Non-Federal funds, including expenditures
from excess locally generated contributions,
[[Page 6755]]
are subject to audit by CNCS, its Inspector General or their authorized
agents.
0
98. Amend Sec. 2553.73 as follows:
0
a. Revise the section heading.
0
b. Remove the word ``and'' from the end of paragraph (a)(3).
0
c. Revise paragraph (a)(4).
0
d. Add paragraph (a)(5).
0
e. Revise paragraphs (b), (e), and (f).
The revisions and addition read as follows:
Sec. 2553.73 What are a sponsor's legal requirements in managing
grants?
* * * * *
(a) * * *
(4) All applicable CNCS policies; and
(5) All other applicable CNCS requirements.
(b) Project support provided under a CNCS grant shall be furnished
at the lowest possible cost consistent with the effective operation of
the project.
* * * * *
(e) Payments to settle discrimination complaints, either through a
settlement agreement or formal adjudication, are not allowable costs.
(f) Written CNCS approval/concurrence is required for a change in
the approved service area.
0
99. Revise the heading for subpart H to read as follows:
Subpart H--Non-CNCS Funded Projects
0
100. Revise Sec. 2553.81 to read as follows:
Sec. 2553.81 Under what conditions may an agency or organization
sponsor an RSVP project without CNCS funding?
An eligible agency or organization who wishes to sponsor an RSVP
project without CNCS funding must make an application through the
designated grants management system which is approved by CNCS and
documented through the Notice of Grant Agreement (NGA).
0
101. Amend Sec. 2553.82 by revising the section heading and paragraph
(a) to read as follows:
Sec. 2553.82 What benefits are a non-CNCS funded project entitled to?
(a) All technical assistance and materials provided to CNCS funded
RSVP volunteer projects; and
* * * * *
0
102. Revise Sec. 2553.83 to read as follows:
Sec. 2553.83 What financial obligation does CNCS incur for non-CNCS
funded projects?
Issuance of an NGA to a sponsor of a non-CNCS funded project does
not create a financial obligation on the part of CNCS for any costs
associated with the project.
0
103. Revise Sec. 2553.84 to read as follows:
Sec. 2553.84 What happens if a non-CNCS funded sponsor does not
comply with the NGA?
A non-CNCS funded project sponsor's noncompliance with the NGA may
result in suspension or termination CNCS' agreement and all benefits
specified in Sec. 2553.82.
0
104. Revise Sec. 2553.91(c)(2), (g), and (h) 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) * * *
(2) This section does not prohibit a sponsor from soliciting and
accepting voluntary contributions from the community at large to meet
its local support obligations under the grant or from entering into
agreements with parties other than beneficiaries to support additional
volunteers beyond those supported by CNCS.
* * * * *
(g) Religious activities. (1) An RSVP volunteer or a member of the
project staff funded by CNCS shall not give religious instruction,
conduct worship services, or engage in any form of proselytization as
part of his/her duties.
(2) A sponsor or volunteer station may retain its independence and
may continue to carry out its mission, including the definition,
development, practice, and expression of its religious beliefs,
provided that it does not use CNCS funds to support any inherently
religious activities, such as worship, religious instruction, or
proselytization, as part of the programs or services funded. If an
organization conducts such activities, the activities must be offered
separately, in time or location, from the programs or services funded
under this part.
(h) Nepotism. Persons selected for project staff positions shall
not be related by blood or marriage to other project staff, sponsor
staff or officers, or members of the sponsor Board of Directors, unless
there is written concurrence from the Advisory Council or community
group established by the sponsor under subpart B of this part, and with
notification to CNCS.
0
105. Revise Sec. 2553.92 to read as follows:
Sec. 2553.92 What legal coverage does CNCS make available to RSVP
volunteers?
It is within CNCS' discretion to determine if Counsel is employed
and counsel fees, court costs, bail and other expenses incidental to
the defense of an RSVP volunteer are paid in a criminal, civil or
administrative proceeding, when such a proceeding arises directly out
of performance of the volunteer's activities. The circumstances under
which CNCS may pay such expenses are specified in 45 CFR part 1220.
Sec. 2553.100 [Removed]
0
106. Remove Sec. 2553.100.
0
107. Revise Sec. 2553.101 to read as follows:
Sec. 2553.101 What is the purpose of performance measurement?
The purpose of performance measurement is to strengthen the RSVP
project and foster continuous improvement. Performance measures are
used to assess how an applicant for a grant approaches the design of
volunteer activities and how those activities impact community needs.
0
108. Revise Sec. 2553.102 to read as follows:
Sec. 2553.102 What performance measurement information must be part
of an application for funding under RSVP?
An application to CNCS for funding under RSVP must contain:
(a) In a year one renewal application:
(1) Performance measures.
(2) Estimated performance data for the project years covered by the
application.
(b) In a year two or three continuation application:
(1) Performance measures.
(2) Estimated performance data for the project years covered by the
application. (3) Actual performance data, where available, for the
preceding completed project year.
0
109. Revise Sec. 2553.103 to read as follows:
Sec. 2553.103 Who develops the performance measures?
(a) CNCS may establish performance measures that will apply to RSVP
projects, which sponsors will be responsible for meeting.
(b) An applicant is responsible for choosing its own project
specific performance measures.
0
110. Revise Sec. 2553.104 to read as follows:
Sec. 2553.104 What performance measures must be submitted to CNCS and
how are these submitted?
(a) An applicant for CNCS funds is required to submit any uniform
performance measure CNCS may establish for all applicants.
Requirements, including types of performance measures, will be
communicated in the notice of funding and other related materials.
[[Page 6756]]
(b) CNCS may specify additional requirements related to performance
measures on an annual basis in program guidance and related materials.
(c) Applicants for CNCS funds will submit performance measures
through the grant application. CNCS will provide standard forms.
0
111. Revise Sec. 2553.105 to read as follows:
Sec. 2553.105 How are performance measures approved and documented?
(a) CNCS reviews and approves performance measures for all
applicants that apply for funding.
(b) An applicant must follow CNCS provided guidance and formats
when submitting performance measures.
(c) Final performance measures, as negotiated between the applicant
and CNCS, will be documented in the approved grant application.
0
112. Revise Sec. 2553.106 to read as follows:
Sec. 2553.106 How does a sponsor report performance measures to CNCS?
CNCS will set specific reporting requirements, including frequency
and deadlines, concerning performance measures established in the grant
award. A sponsor is required to report on the actual results that
occurred when implementing the grant and to regularly measure the
project's performance.
0
113. Amend Sec. 2553.107 by revising the introductory text to read as
follows:
Sec. 2553.107 What must a sponsor do if it cannot meet its
performance measures?
When a sponsor finds it is not on track to meet its performance
measures, the sponsor must develop a plan to get back on track or
submit a request to CNCS to amend its performance measures. CNCS may
limit when amendments to performance measure can be submitted as well
as limit the types of changes a sponsor can make to performance
measures. The request must include all of the following:
* * * * *
Sec. 2553.108 [Removed]
0
114. Remove Sec. 2553.108.
Sec. 2553.109 [Redesignated as Sec. 2553.108 and Amended]
0
115. Redesignate Sec. 2553.109 as Sec. 2553.108 and revise newly
redesignated Sec. 2553.108 to read as follows:
Sec. 2553.108 What happens if a sponsor fails to meet the target
performance measures included in the approved grant application?
If a sponsor fails to meet a target performance measure established
in the approved grant application, CNCS may take one or more of the
following actions:
(a) Reduce the amount, suspend, or deny refunding of the grant, in
accordance with the provisions of Sec. 2553.31;
(b) Terminate the grant, in accordance with 45 CFR part 1206.
Dated: January 18, 2018.
Tim Noelker,
General Counsel.
[FR Doc. 2018-01462 Filed 2-13-18; 8:45 am]
BILLING CODE 6050-28-P