83 FR 6740 - Senior Corps: Senior Companion Program, Foster Grandparent Program, Retired and Senior Volunteer Program
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6740-6756 | |
| FR Document | 2018-01462 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Proposed Rules] [Pages 6740-6756] From the Federal Register Online [www.thefederalregister.org] [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 (http://www.nationalservice.gov/documents/senior-corps/2015/2016-fgpscp-grant-application-instructions; http://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
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6743
§ 2551.22 What are the responsibilities of (g) Encourage the most efficient and time project director with CNCS when
a sponsor? effective use of Senior Companions by the sponsor can demonstrate that such
A sponsor is responsible for fulfilling coordinating project services and an arrangement will not adversely affect
all project management requirements activities with related national, state the size, scope, or quality of project
necessary to accomplish the purposes of and local programs, including other operations.
the Senior Companion Program as CNCS programs. * * * * *
specified in the Act. A sponsor shall not * * * * * (e) Establish risk management policies
delegate or contract these overall (i) Establish written service policies and procedures covering Senior
management responsibilities to another for Senior Companions that include but Companion project activities. This
entity. CNCS retains the right to are not limited to: includes provision of appropriate
determine what types of management (1) Annual and sick leave. insurance coverage for Senior
responsibilities may or may not be (2) Holidays. Companions, which includes; accident
contracted. (3) Service schedules. insurance, personal liability insurance,
■ 5. Amend § 2551.23 as follows: (4) Termination and appeal and excess automobile liability
■ a. Revise the section heading and procedures. insurance.
paragraphs (a), (b), and (c) introductory (5) Meal and transportation (f) Establish record keeping and
text. reimbursements. reporting systems in compliance with
■ b. Remove the word ‘‘and’’ from the (j) Conduct National Service Criminal CNCS requirements that ensure quality
end of paragraph (c)(2)(iii). History Checks in accordance with the of program and fiscal operations,
■ c. Revise paragraphs (c)(2)(iv), (f), and requirements in 45 CFR 2540.200 facilitate timely and accurate
(g). through 2540.207. submission of required reports and
■ d. Remove paragraphs (i) and (j); (k) Provide Senior Companion cooperate with CNCS evaluation and
■ e. Redesignate paragraphs (k) and (l)
volunteers with cost reimbursements data collection efforts.
as (i) and (j), respectively, and revise specified in this section. (g) Comply with, and ensure that all
newly redesignated paragraphs (i) and (l) Make every effort to meet such volunteer stations comply with, all
(j). performance measures as established in
■ f. Add new paragraphs (k) and (l).
applicable civil rights laws and
the approved grant application. regulations, including non-
The revisions and additions read as ■ 6. Revise § 2551.24(a)(2), (3), and (4)
follows: discrimination based on disability.
to read as follows;
§ 2551.23 What are a sponsor’s project § 2551.33 [Removed and Reserved]
§ 2551.24 What are a sponsor’s ■ 8. Remove and reserve § 2551.33.
responsibilities?
responsibilities for securing community
* * * * * ■ 9. Revise § 2551.34(a)(3) and (b) to
participation?
(a) Focus Senior Companion resources read as follows:
(a) * * *
within the project’s service area, on (2) With an interest in the field of § 2551.34 What are the rules on
critical problems affecting the frail community service and volunteerism; suspension, termination, and denial of
elderly and other adults with special (3) Capable of helping the sponsor refunding of grants?
needs. satisfy its administrative and program (a) * * *
(b) In collaboration with other responsibilities including fund-raising, (3) In any case where an application
community organizations or by using publicity, and meeting or exceeding for refunding is denied for failure to
existing assessments, assess the needs of performance measures; comply with the terms and conditions
the community or service area, and (4) With an interest in, and knowledge of the grant, the recipient shall be
develop strategies to respond to of, the range of abilities of older adults; afforded an opportunity for an informal
identified needs using Senior and hearing before an impartial hearing
Companions. officer, who has been agreed to by the
(c) Develop and manage one or more * * * * *
■ 7. Amend § 2551.25 as follows: recipient and CNCS; and
volunteer stations by:
■ a. Revise paragraph (c). * * * * *
* * * * * ■ b. Remove paragraph (e). (b) Hearings or other meetings as may
(2) * * * ■ c. Redesignate paragraphs (f) through be necessary to fulfill the requirements
(iv) That states the station will not
(h) as (e) through (g) and revise newly of this section should, to the extent
discriminate against SCP volunteers,
redesignated paragraphs (e) through (g). practicable, be held in locations
service beneficiaries, or in the operation
The revisions read as follows. convenient to the recipient agency.
of its program on the basis of race, color,
national origin including individuals § 2551.25 What are a sponsor’s
* * * * *
■ 10. Amend § 2551.41 as follows:
with limited English proficiency, administrative responsibilities?
■ a. Add the word ‘‘and’’ at the end of
gender, age, religion, sexual orientation, * * * * *
disability, gender identity or expression, paragraph (a)(1).
(c) Employ a full-time project director ■ b. Remove paragraphs (a)(2) and (3).
political affiliation, marital or parental to accomplish project objectives and ■ c. Redesignate paragraph (a)(4) as
status, or military service; and manage the functions and activities (a)(2).
* * * * * delegate to project staff for Senior Corps ■ d. Revise paragraph (b).
(f) Provide Senior Companions with project(s) within its control. The project The revision reads as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS2
assignments that show direct and director may participate in activities to
demonstrable benefits to the adults and coordinate project resources with those § 2551.41 Who is eligible to be a Senior
the community served, the Senior of related local agencies, boards or Companion?
Companions, and the volunteer station; organizations. A full-time project * * * * *
with required cost reimbursements director shall not serve concurrently in (b) Eligibility to serve as a Senior
specified in § 2551.46; with 20 hours of another capacity, paid or unpaid, during Companion shall not be restricted on
pre-service orientation and at least 24 established working hours. A sponsor the basis of formal education,
hours annually of in-service training. may negotiate the employment of a part- experience, race, color, national origin
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§ 2551.61 May a sponsor serve as a special skills, and demonstrated fulfill specific programmatic objectives
volunteer station? leadership abilities—may spend time, in and financial obligations. It will
Yes. A sponsor may serve as a addition to their regular assignment, to document the extent of CNCS’
volunteer station, if the activities are assist newer Senior Companion obligation to provide financial support
part of a work plan in the approved volunteers in performing their to the sponsor.
project application. assignments and in coordinating (c) What happens if CNCS rejects an
■ 20. Amend § 2551.62 as follows: activities of such volunteers. application? CNCS will return an
■ a. Revise paragraphs (c) and (d). (a) All Senior Companions serving as application that is not approved for
■ b. Add the word ‘‘and’’ at the end of volunteer leaders shall receive a written funding to the applicant with an
paragraph (e)(1). volunteer assignment plan developed by explanation of CNCS’ decision.
■ c. Revise paragraph (e)(2). the volunteer station that: (d) For what period of time does
■ d. Remove paragraph (e)(3).
(1) Is approved by the sponsor and CNCS award a grant? CNCS awards a
■ e. Revise paragraphs (i) and (j).
accepted by the Senior Companion; Senior Companion grant for a specified
The revisions read as follows:
(2) Identifies the role and activities of period that is usually 12 months in
§ 2551.62 What are the responsibilities of the Senior Companion and expected duration.
a volunteer station? outcomes; ■ 25. Amend § 2551.92 as follows:
* * * * * (3) Addresses the period of time of ■ a. Revise paragraphs (a), (b)
(c) Develop a written volunteer service; and introductory text, (c), and (d).
assignment plan for each Senior (4) Is used to review the status of the ■ b. Remove paragraph (e).
Companion that identifies their roles Senior Companion’s services identified ■ c. Redesignate paragraph (f) as (e) and
and activities, each client served, and in the assignment plan, as well as the revise newly redesignated paragraph (e).
expected outcomes. impact of those services. The revisions read as follows:
(d) Keep a Letter of Agreement for (b) While serving in the capacity of a
§ 2551.92 What are project funding
each client who receives in-home volunteer leader, a Senior Companion requirements?
service. may be paid a stipend (at the same rate
as the established Senior Companion (a) Is non-CNCS support required? A
(e) * * *
(2) Resources required for stipend) for his or her additional hours CNCS grant may be awarded to fund up
performance of assignments, including served as a volunteer leader. to 90 percent of the cost of development
reasonable accommodation, as needed, (c) Senior Companion leaders, and operation of a Senior Companion
to enable Senior Companions with through recognition, may receive an project. The sponsor is required to
disabilities to perform the essential additional monetary incentive. contribute at least 10 percent of the total
functions of their service. ■ 24. Revise § 2551.91 to read as project cost from non-Federal sources or
follows: authorized Federal sources.
* * * * * (b) Under what circumstances does
(i) Comply with all applicable civil § 2551.91 What is the process for CNCS allow less than the 10 percent
rights laws and regulations, including application and award of a grant? non-CNCS support? CNCS may allow
providing Senior Companions with
(a) How and when may an eligible exceptions to the 10 percent local
disabilities reasonable accommodation,
organization apply for a grant? (1) An support requirement in cases of
to perform the essential functions of
eligible organization may file an demonstrated need such as:
their service.
(j) Undertake such other application in response to CNCS’ * * * * *
responsibilities as may be necessary for published request, such as a Notice of (c) May CNCS restrict how a sponsor
the successful performance of Senior Funding Opportunity or a Notice of uses locally generated contributions in
Companions in their assignments or as Funding Availability. Applicants are not excess of the 10 percent non-CNCS
agreed to in the Memorandum of assured of selection or approval and support required? Whenever locally
Understanding. may have to compete with other generated contributions to Senior
applicants. Companion projects are in excess of the
§ 2551.71 [Amended] (2) The applicant shall comply with minimum 10 percent non-CNCS support
■ 21. Amend § 2551.71 by removing the provisions of Executive Order required, CNCS may not restrict the
paragraph (b) and redesignating 12372, ‘‘Intergovernmental Review of manner in which such contributions are
paragraph (c) as (b). Federal Programs,’’ (3 CFR, 1982 Comp., expended provided such expenditures
■ 22. Amend § 2551.72 as follows: p. 197) in 45 CFR part 1233 and any are consistent with the provisions of the
■ a. Revise the section heading and other applicable requirements. Act.
paragraph (a)(5). (b) Who reviews the merits of an (d) Are program expenditures subject
■ b. Remove and reserve paragraph (b). application and how is a grant to audit? All expenditures by the
■ c. Remove paragraph (c). awarded? (1) CNCS reviews and grantee of Federal and non-Federal
The revisions read as follows: determines the merit of an application funds, including expenditures from
§ 2551.72 Is a written volunteer
by its responsiveness to published excess locally generated contributions
assignment plan required for each Senior guidelines and to the overall purposes in support of the grant, are subject to
Companion? and objectives of the program. When audit by CNCS, its Inspector General, or
(a) * * * funds are available, CNCS awards a their authorized agents.
(5) Is used to review the impact of the grant in writing to each applicant whose (e) May a sponsor pay stipends at
daltland on DSKBBV9HB2PROD with PROPOSALS2
assignment on the client(s). grant proposal provides the best rates different than those established by
* * * * * potential for serving the purpose of the CNCS? No, a sponsor shall pay stipends
■ 23. Add § 2551.73 to read as follows:
program. at rates established by CNCS.
(2) The award will be documented by ■ 26. Amend § 2551.93 as follows:
§ 2551.73 May a Senior Companion serve the Notice of Grant Award (NGA). CNCS ■ a. Revise the section heading.
as a volunteer leader? and the sponsoring organization are the ■ b. Remove the word ‘‘and’’ from the
Yes. Senior Companions—who on the parties to the NGA. The NGA will end of paragraph (a)(3).
basis of experience as volunteers, document the sponsor’s commitment to ■ c. Revise paragraph (a)(4).
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![6746 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
■ d. Add paragraph (a)(5). § 2551.103 Must a sponsor be required to (c) * * *
■ e. Revise paragraphs (b), (e), and (f). enroll non-stipended Senior Companions? (2) This section does not prohibit a
The revisions and addition read as No. Enrollment of non-stipended sponsor from soliciting and accepting
follows: Senior Companions is not a condition voluntary contributions from the
for a sponsor to receive a new or community at large to meet its local
§ 2551.93 What are a sponsor’s legal continuation grant. support obligations under the grant or
requirements in managing grants?
§ 2551.104 [Removed and Reserved]
from entering into agreements with
* * * * * parties other than beneficiaries to
(a) * * * ■ 30. Remove and reserve § 2551.104. support additional volunteers beyond
(4) All applicable CNCS policies; and ■ 31. Revise the heading for subpart K those supported by CNCS.
(5) All other applicable CNCS to read as follows:
* * * * *
requirements.
Subpart K—Non-CNCS Funded Senior (g) Religious activities. (1) A Senior
(b) Project support provided under a
Companion Projects Companion or a member of the project
CNCS grant shall be furnished at the
staff funded by CNCS shall not give
lowest possible cost consistent with the ■ 32. Revise § 2551.111 to read as religious instruction, conduct worship
effective operation of the project. follows: services, or engage in any form of
* * * * * proselytization as part of his/her duties.
§ 2551.111 Under what conditions may an
(e) Payments to settle discrimination agency or organization sponsor a Senior (2) A sponsor or volunteer station may
complaints, either through a settlement Companion project without CNCS funding? retain its independence and may
agreement or formal adjudication, are continue to carry out its mission,
An eligible agency or organization
not allowable costs. including the definition, development,
who wishes to sponsor a Senior
(f) Written CNCS approval is required Companion project without CNCS practice, and expression of its religious
for the following changes in the funding must make an application beliefs, provided that it does not use
approved grant: through the designated grants CNCS funds to support any inherently
(1) Reduction in budgeted volunteer management system which is approved religious activities, such as worship,
service years. by CNCS and documented through the religious instruction, or proselytization,
(2) Change in the service area. Notice of Grant Agreement (NGA). as part of the programs or services
■ 27. Revise § 2551.101 to read as ■ 33. Amend § 2551.112 by revising the funded. If an organization conducts
follows: section heading, introductory text, and such activities, the activities must be
§ 2551.101 What rule governs the paragraph (a) to read as follows: offered separately, in time or location,
recruitment and enrollment of persons who from the programs or services funded
§ 2551.112 What benefits are a non-CNCS under this part.
do not meet the income eligibility funded project entitled to?
guidelines to serve as Senior Companions? (h) Nepotism. Persons selected for
The Notice of Grant Award entitles project staff positions shall not be
Over-income persons as described in the sponsor of a Non-CNCS funded
§ 2551.43, age 55 or over, may be related by blood or marriage to other
project to: project staff, sponsor staff or officers, or
enrolled in SCP project as non- (a) All technical assistance and
stipended volunteers. members of the sponsor Board of
materials provided to CNCS funded Directors, unless there is written
■ 28. Amend § 2551.102 as follows:
Senior Companion projects; and concurrence from the Advisory Council
■ a. Revise paragraphs (b) and (d).
* * * * * or community group established by the
■ b. Remove paragraphs (e) and (f).
■ 34. Revise § 2551.113 to read as sponsor under subpart B of this part,
■ c. Redesignate paragraph (g) as (e) and
follows: and with notification to CNCS.
revise newly redesignated paragraph (e).
The revisions read as follows: § 2551.113 What financial obligation does ■ 37. Revise § 2551.122 to read as
CNCS incur for non-CNCS funded projects? follows:
§ 2551.102 What are the conditions of
service of non-stipended Senior
Issuance of an NGA to a sponsor of a § 2551.122 What legal coverage does
Companions? non-CNCS funded project does not CNCS make available to Senior
create a financial obligation on the part Companions?
* * * * *
of CNCS for any costs associated with It is within CNCS’s discretion to
(b) No special privilege or status is the project.
granted or created among Senior determine if Counsel is employed and
■ 35. Revise § 2551.114 to read as
Companions, whether stipended or non- counsel fees, court costs, bail and other
follows: expenses incidental to the defense of a
stipended, and equal treatment is
required. § 2551.114 What happens if a non-CNCS SCP volunteer are paid in a criminal,
* * * * * funded sponsor does not comply with the civil or administrative proceeding,
(d) All regulations and requirements NGA? when such a proceeding arises directly
applicable to the program apply to A non-CNCS funded project sponsor’s out of performance of the volunteer’s
Senior Companions. noncompliance with the NGA may activities. The circumstances under
result in suspension or termination which CNCS may pay such expenses are
* * * * * specified in 45 CFR part 1220.
(e) Non-stipended Senior Companions CNCS’ agreement and all benefits
daltland on DSKBBV9HB2PROD with PROPOSALS2
may contribute the costs they incur in specified in § 2551.112.
■ 36. Revise § 2551.121(c)(2), (g), and PART 2552—FOSTER GRANDPARENT
connection with their participation in PROGRAM
(h) to read as follows:
the program. An SCP project may not
count such contributions as part of the § 2551.121 What legal limitations apply to ■ 38. The authority citation for part
required non-CNCS support (match) for the operation of the Senior Companion 2552 continues to read as follows:
the grant. Program and to the expenditure of grant Authority: 42 U.S.C. 4950 et seq.; 42
■ 29. Revise § 2551.103 to read as funds? U.S.C. 12651b–12651d; E.O. 13331, 69 FR
follows: * * * * * 9911.
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![6748 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
■ 42. Revise § 2552.22 to read as Grandparents, and the volunteer station; organizations. A full-time project
follows: with required cost reimbursements director shall not serve concurrently in
specified in § 2552.46; with 20 hours of another capacity, paid or unpaid, during
§ 2552.22 What are the responsibilities of pre-service orientation and at least 24 established working hours. A sponsor
a sponsor?
hours annually of in-service training. may negotiate the employment of a part-
A sponsor is responsible for fulfilling (g) Encourage the most efficient and time project director with CNCS when
all project management requirements effective use of Foster Grandparents by the sponsor can demonstrate that such
necessary to accomplish the purposes of coordinating project services and an arrangement will not adversely affect
the Foster Grandparent Program as activities with related national, state the size, scope or quality of project
specified in the Act. A sponsor shall not and local programs, including other operations.
delegate or contract these overall CNCS programs. * * * * *
management responsibilities to another
* * * * * (e) Establish risk management policies
entity. CNCS retains the right to
(i) Establish written service policies and procedures covering Foster
determine what types of management
for Foster Grandparents that include but Grandparent project activities. This
responsibilities may or may not be
are not limited to: includes provision of appropriate
contracted. (1) Annual and sick leave.
■ 43. Amend § 2552.23 as follows:
insurance coverage for Foster
(2) Holidays. Grandparents, which includes; accident
■ a. Revise the section heading and
(3) Service schedules. insurance, personal liability insurance,
paragraphs (a), (b), and (c) introductory (4) Termination and appeal
text. and excess automobile liability
procedures. insurance.
■ b. Remove the word ‘‘and’’ from the
(5) Meal and transportation (f) Establish record keeping and
end of paragraph (c)(2)(iii). reimbursements.
■ c. Revise paragraphs (c)(2)(iv), (f), and reporting systems in compliance with
(j) Conduct National Service Criminal CNCS requirements that ensure quality
(g).
History Checks in accordance with the of program and fiscal operations,
■ d. Remove paragraphs (i) and (j).
requirements in 45 CFR 2540.200 facilitate timely and accurate
■ e. Redesignate paragraphs (k) and (l)
through 2540.207. submission of required reports and
as (i) and (j), respectively, and revise
(k) Provide Foster Grandparent cooperate with CNCS evaluation and
newly redesignated paragraphs (i) and
volunteers with cost reimbursements data collection efforts.
(j).
■ f. Add new paragraphs (k) through (l).
specified in this section. (g) Comply with, and ensure that all
The revisions and additions read as (l) Make every effort to meet such volunteer stations comply with, all
follows: performance measures as established in applicable civil rights laws and
the approved grant application. regulations, including non-
§ 2552.23 What are a sponsor’s project ■ 44. Revise § 2552.24(a)(2), (3), and (4) discrimination based on disability.
responsibilities? to read as follows:
* * * * * § 2552.33 [Removed and Reserved]
§ 2552.24 What are a sponsor’s
(a) Focus Foster Grandparent ■ 46. Remove and reserve § 2552.33.
responsibilities for securing community
resources, within the project’s service participation? ■ 47. Revise § 2552.34(a)(3) and (b) to
area, on providing supportive services read as follows:
(a) * * *
and companionship to children with
(2) With an interest in the field of § 2552.34 What are the rules on
special and exceptional needs, or in
community service and volunteerism; suspension, termination, and denial of
circumstances that limit their academic, (3) Capable of helping the sponsor refunding of grants?
social or emotional development. satisfy its administrative and program (a) * * *
(b) In collaboration with other
responsibilities including fund-raising, (3) In any case where an application
community organizations or by using
publicity and meeting or exceeding for refunding is denied for failure to
existing assessments, assess the needs of
performance measures; comply with the terms and conditions
the community or service area, and
(4) With an interest in, and knowledge of the grant, the recipient shall be
develop strategies to respond to
of, the range of abilities of older adults; afforded an opportunity for an informal
identified needs using Foster
and hearing before an impartial hearing
Grandparents.
* * * * * officer, who has been agreed to by the
(c) Develop and manage one or more
■ 45. Amend § 2552.25 as follows: recipient and CNCS; and
volunteer stations by:
■ a. Revise paragraph (c). * * * * *
* * * * * ■ b. Remove paragraph (e).
(2) * * * (b) Hearings or other meetings as may
■ c. Redesignate paragraphs (f) through be necessary to fulfill the requirements
(iv) That states the station will not
(h) as (e) through (g) and revise newly of this section should, to the extent
discriminate against FGP volunteers,
redesignated paragraphs (e) through (g). practicable, be held in locations
service beneficiaries, or in the operation
The revisions read as follows: convenient to the recipient agency.
of its program on the basis of race, color,
national origin including individuals § 2552.25 What are a sponsor’s * * * * *
with limited English proficiency, administrative responsibilities? ■ 48. Revise the heading for subpart D
gender, age, religion, sexual orientation, * * * * * to read as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS2
disability, gender identity or expression, (c) Employ a full-time project director
political affiliation, marital or parental Subpart D—Foster Grandparent
to accomplish project objectives and Eligibility, Status, Cost
status, or military service; and manage the functions and activities Reimbursements and Benefits
* * * * * delegate to project staff for Senior Corps
(f) Provide Foster Grandparents with project(s) within its control. The project ■ 49. Amend § 2552.41 as follows:
assignments that show direct and director may participate in activities to ■ a. Add the word ‘‘and’’ at the end of
demonstrable benefits to the children coordinate project resources with those paragraph (a)(1).
and the community served, the Foster of related local agencies, boards or ■ b. Remove paragraphs (a)(2) and (3).
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6751
(e) May a sponsor pay stipends at (e) Non-stipended Foster result in suspension or termination
rates different than those established by Grandparents may contribute the costs CNCS’ agreement and all benefits
CNCS? No, a sponsor shall pay stipends they incur in connection with their specified in § 2552.112.
at rates established by CNCS. participation in the program. An FGP ■ 77. Revise § 2552.121(c)(2), (g), and
■ 67. Amend § 2552.93 as follows: project may not count such (h) to read as follows:
■ a. Revise the section heading. contributions as part of the required
§ 2552.121 What legal limitations apply to
■ b. Remove the word ‘‘and’’ from the non-CNCS support (match) for the grant. the operation of the Foster Grandparent
end of paragraph (a)(3). ■ 70. Revise § 2552.103 to read as Program and to the expenditure of grant
■ c. Revise paragraph (a)(4). follows: funds?
■ d. Add paragraph (a)(5).
§ 2552.103 Must a sponsor be required to * * * * *
■ e. Revise paragraphs (b), (e), and (f). (c) * * *
enroll non-stipended Foster Grandparents?
The revisions and addition read as (2) This section does not prohibit a
follows: No. Enrollment of non-stipended
sponsor from soliciting and accepting
Foster Grandparents is not a condition
§ 2552.93 What are a sponsor’s legal voluntary contributions from the
for a sponsor to receive a new or
requirements in managing grants? community at large to meet its local
continuation grant.
support obligations under the grant or
* * * * *
§ 2552.104 [Removed and Reserved] from entering into agreements with
(a) * * *
■ 71. Remove and reserve § 2552.104. parties other than beneficiaries to
(4) All applicable CNCS policies; and
■ 72. Revise the heading for subpart K support additional volunteers beyond
(5) All other applicable CNCS
to read as follows: those supported by CNCS.
requirements.
(b) Project support provided under a * * * * *
CNCS grant shall be furnished at the Subpart K—Non-CNCS Funded Foster (g) Religious activities. (1) A Foster
lowest possible cost consistent with the Grandparent Projects Grandparent or a member of the project
effective operation of the project. staff funded by CNCS shall not give
■ 73. Revise § 2552.111 to read as religious instruction, conduct worship
* * * * * follows: services or engage in any form of
(e) Payments to settle discrimination proselytization as part of his/her duties.
§ 2552.111 Under what conditions may an
complaints, either through a settlement agency or organization sponsor a Foster (2) A sponsor or volunteer station may
agreement or formal adjudication, are Grandparent project without CNCS retain its independence and may
not allowable costs. funding? continue to carry out its mission,
(f) Written CNCS approval is required An eligible agency or organization including the definition, development,
for the following changes in the who wishes to sponsor a Foster practice, and expression of its religious
approved grant: Grandparent project without CNCS beliefs, provided that it does not use
(1) Reduction in budgeted volunteer funding must make an application CNCS funds to support any inherently
service years. through the designated grants religious activities, such as worship,
(2) Change in the service area. management system which is approved religious instruction, or proselytization,
■ 68. Revise § 2552.101 to read as as part of the programs or services
by CNCS and documented through the
follows: Notice of Grant Agreement (NGA). funded. If an organization conducts
■ 74. Amend § 2552.112 by revising the such activities, the activities must be
§ 2552.101 What rule governs the
recruitment and enrollment of persons who section heading, introductory text, and offered separately, in time or location,
do not meet the income eligibility paragraph (a) to read as follows: from the programs or services funded
guidelines to serve as Foster under this part.
Grandparents? § 2552.112 What benefits are a non-CNCS (h) Nepotism. Persons selected for
funded project entitled to? project staff positions shall not be
Over-income persons as described in
§ 2552.43, age 55 or over, may be The Notice of Grant Award entitles related by blood or marriage to other
enrolled in FGP project as non- the sponsor of a Non-CNCS funded project staff, sponsor staff or officers, or
stipended volunteers. project to: members of the sponsor Board of
■ 69. Amend § 2552.102 as follows:
(a) All technical assistance and Directors, unless there is written
■ a. Revise paragraphs (b) and (d).
materials provided to CNCS funded concurrence from the Advisory Council
■ b. Remove paragraphs (e) and (f).
Foster Grandparent projects; and or community group established by the
■ c. Redesignate paragraph (g) as (e) and * * * * * sponsor under subpart B of this part,
revise newly redesignated paragraph (e). ■ 75. Revise § 2552.113 to read as and with notification to CNCS.
follows: ■ 78. Revise § 2552.122 to read as
The revisions read as follows:
follows:
2552.102 What are the conditions of § 2552.113 What financial obligation does
CNCS incur for non-CNCS funded projects? § 2552.122 What legal coverage does
service of non-stipended Foster
CNCS make available to Foster
Grandparents? Issuance of an NGA to a sponsor of a Grandparents?
* * * * * non-CNCS funded project does not
It is within CNCS’ discretion to
(b) No special privilege or status is create a financial obligation on the part
determine if Counsel is employed and
granted or created among Foster of CNCS for any costs associated with
counsel fees, court costs, bail and other
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Grandparents, whether stipended or the project.
■ 76. Revise § 2552.114 to read as
expenses incidental to the defense of a
non-stipended, and equal treatment is FGP volunteer are paid in a criminal,
required. follows:
civil or administrative proceeding,
* * * * * § 2552.114 What happens if a non-CNCS when such a proceeding arises directly
(d) All regulations and requirements funded sponsor does not comply with the out of performance of the volunteer’s
applicable to the program apply to all NGA? activities. The circumstances under
Foster Grandparents. A non-CNCS funded project sponsor’s which CNCS may pay such expenses are
* * * * * noncompliance with the NGA may specified in 45 CFR part 1220.
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service beneficiaries, or in the operation the size, scope or quality of project (b) Eligibility to serve as an RSVP
of its program on the basis of race, color, operations. volunteer shall not be restricted on the
national origin including individuals * * * * * basis of formal education, experience,
with limited English proficiency, (e) Establish risk management policies race, color, national origin including
gender, age, religion, sexual orientation, and procedures covering RSVP project limited English proficiency, gender, age,
disability, gender identity or expression, activities. This includes provision of religion, sexual orientation, disability,
political affiliation, marital or parental appropriate insurance coverage for gender identity or expression, political
status, or military service; and RSVP volunteers, which includes: affiliation, marital or parental status, or
(v) That states the station will provide Accident insurance, personal liability military service.
for the safety of the RSVP volunteers insurance, and excess automobile ■ 89. Revise § 2553.42 to read as
assigned to the station. liability insurance. follows:
* * * * * (f) Establish record keeping and
§ 2553.42 Is an RSVP volunteer a federal
(e) Encourage the most efficient and reporting systems in compliance with
employee, an employee of the sponsor or
effective use of RSVP volunteers by CNCS requirements that ensure quality of the volunteer station?
coordinating project services and of program and fiscal operations,
RSVP volunteers are not employees of
activities with related national, state facilitate timely and accurate
the sponsor, the volunteer station, CNCS
and local programs, including other submission of required reports and
or the Federal Government.
CNCS programs. cooperate with CNCS evaluation and
■ 90. Revise § 2553.43 to read as
data collection efforts.
* * * * * (g) Comply with, and ensure that all follows:
(g) Make every effort to meet such volunteer stations comply with, all § 2553.43 What cost reimbursements are
performance measures as established in applicable civil rights laws and provided to RSVP volunteers?
the approved grant application. regulations, including non- (a) RSVP volunteers may be provided
■ 84. Revise § 2553.24(a)(2) through (4) discrimination based on disability. the following cost reimbursements
to read as follows: (h) Conduct National Service Criminal within the limits of the project’s
History Checks in accordance with the available resources:
§ 2553.24 What are a sponsor’s
responsibilities for securing community
requirements in 45 CFR 2540.200 (1) Transportation. RSVP volunteers
participation? through 2540.207. may receive assistance with the cost of
(a) * * * § 2553.26 [Removed and Reserved] transportation to and from volunteer
(2) With an interest in the field of ■ 86. Remove and reserve § 2553.26. assignments and official project
community service and volunteerism; ■ 87. Revise § 2553.31(a)(3), (b), and (c) activities, including orientation,
(3) Capable of helping the sponsor to read as follows: training, and recognition events.
satisfy its administrative and program (2) Meals. RSVP volunteers may
§ 2553.31 What are the rules on receive assistance with the cost of meals
responsibilities including fund-raising, suspension, termination and denial of
publicity and meeting or exceeding taken while on assignment.
refunding of grants? (3) Other volunteer expenses. RSVP
performance measures; (a) * * * volunteers may also be reimbursed for
(4) With an interest in, and knowledge (3) In any case where an application allowable out-of-pocket expenses
of, the range of abilities of older adults; for refunding is denied for failure to incurred while performing their
and comply with the terms and conditions assignments.
* * * * * of the grant, the recipient shall be (b) RSVP volunteers must be provided
■ 85. Amend § 2553.25 as follows: afforded an opportunity for an informal the following cost reimbursements:
■ a. Revise paragraph (c). hearing before an impartial hearing (1) Recognition. RSVP volunteers
■ b. Remove paragraph (e). officer, who has been agreed to by the shall be provided recognition for their
■ c. Redesignate paragraphs (f) through
recipient and CNCS; and service.
(i) as (e) through (h) and revise newly * * * * * (2) Insurance. An RSVP volunteer is
redesignated paragraphs (e) through (h). (b) Hearings or other meetings as may provided with the CNCS-specified
The revisions read as follows: be necessary to fulfill the requirements minimum levels of insurance as follows:
of this section should, to the extent (i) Accident insurance. Accident
§ 2553.25 What are a sponsor’s practicable, be held in locations insurance covers RSVP volunteers for
administrative responsibilities? convenient to the recipient agency. personal injury during travel between
* * * * * (c) The procedures for suspension, their homes and places of assignment,
(c) Employ a full-time project director termination, and denial of refunding, during volunteer service, during meal
to accomplish project objectives and that apply to the RSVP program are periods while serving as a volunteer,
manage the functions and activities specified in 45 CFR part 1206. and while attending project sponsored
delegate to project staff for Senior Corps ■ 88. Amend § 2553.41 as follows: activities. Protection shall be provided
project(s) within its control. The project ■ a. Revise the section heading. against claims in excess of any benefits
■ b. Add the word ‘‘and’’ at the end of
director may participate in activities to or services for medical care or treatment
coordinate project resources with those paragraph (a)(2). available to the volunteer from other
■ c. Remove the semicolon at the end of
of related local agencies, boards or sources.
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paragraph (a)(3) and add a period in its
organizations. A full-time project (ii) Personal liability insurance.
place.
director shall not serve concurrently in ■ d. Remove paragraph (a)(4).
Protection is provided against claims in
another capacity, paid or unpaid, during ■ e. Revise paragraph (b).
excess of protection provided by other
established working hours. A sponsor The revisions read as follows: insurance. It does not include
may negotiate the employment of a part- professional liability coverage.
time project director with CNCS when § 2553.41 Who is eligible to be an RSVP (iii) Excess automobile insurance. (A)
the sponsor can demonstrate that such volunteer? RSVP drivers who drive in connection
an arrangement will not adversely affect * * * * * with their service shall be provided
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6755
are subject to audit by CNCS, its of CNCS for any costs associated with counsel fees, court costs, bail and other
Inspector General or their authorized the project. expenses incidental to the defense of an
agents. ■ 103. Revise § 2553.84 to read as RSVP volunteer are paid in a criminal,
■ 98. Amend § 2553.73 as follows: follows: civil or administrative proceeding,
■ a. Revise the section heading. when such a proceeding arises directly
§ 2553.84 What happens if a non-CNCS
■ b. Remove the word ‘‘and’’ from the out of performance of the volunteer’s
funded sponsor does not comply with the
end of paragraph (a)(3). NGA? activities. The circumstances under
■ c. Revise paragraph (a)(4). which CNCS may pay such expenses are
A non-CNCS funded project sponsor’s
■ d. Add paragraph (a)(5). specified in 45 CFR part 1220.
■ e. Revise paragraphs (b), (e), and (f).
noncompliance with the NGA may
The revisions and addition read as result in suspension or termination § 2553.100 [Removed]
follows: CNCS’ agreement and all benefits ■ 106. Remove § 2553.100.
specified in § 2553.82. ■ 107. Revise § 2553.101 to read as
§ 2553.73 What are a sponsor’s legal ■ 104. Revise § 2553.91(c)(2), (g), and follows:
requirements in managing grants? (h) to read as follows:
* * * * * § 2553.101 What is the purpose of
§ 2553.91 What legal limitations apply to performance measurement?
(a) * * * the operation of the RSVP volunteer
(4) All applicable CNCS policies; and The purpose of performance
Program and to the expenditure of grant
(5) All other applicable CNCS funds?
measurement is to strengthen the RSVP
requirements. project and foster continuous
* * * * * improvement. Performance measures
(b) Project support provided under a (c) * * *
CNCS grant shall be furnished at the (2) This section does not prohibit a are used to assess how an applicant for
lowest possible cost consistent with the sponsor from soliciting and accepting a grant approaches the design of
effective operation of the project. voluntary contributions from the volunteer activities and how those
* * * * * community at large to meet its local activities impact community needs.
■ 108. Revise § 2553.102 to read as
(e) Payments to settle discrimination support obligations under the grant or
follows:
complaints, either through a settlement from entering into agreements with
agreement or formal adjudication, are parties other than beneficiaries to § 2553.102 What performance
not allowable costs. support additional volunteers beyond measurement information must be part of
(f) Written CNCS approval/ those supported by CNCS. an application for funding under RSVP?
concurrence is required for a change in * * * * * An application to CNCS for funding
the approved service area. (g) Religious activities. (1) An RSVP under RSVP must contain:
■ 99. Revise the heading for subpart H volunteer or a member of the project (a) In a year one renewal application:
to read as follows: staff funded by CNCS shall not give (1) Performance measures.
religious instruction, conduct worship (2) Estimated performance data for the
Subpart H—Non-CNCS Funded services, or engage in any form of project years covered by the application.
Projects proselytization as part of his/her duties. (b) In a year two or three continuation
(2) A sponsor or volunteer station may application:
■ 100. Revise § 2553.81 to read as (1) Performance measures.
follows: retain its independence and may
(2) Estimated performance data for the
continue to carry out its mission,
project years covered by the application.
§ 2553.81 Under what conditions may an including the definition, development,
agency or organization sponsor an RSVP (3) Actual performance data, where
practice, and expression of its religious
project without CNCS funding? available, for the preceding completed
beliefs, provided that it does not use
An eligible agency or organization project year.
CNCS funds to support any inherently ■ 109. Revise § 2553.103 to read as
who wishes to sponsor an RSVP project religious activities, such as worship, follows:
without CNCS funding must make an religious instruction, or proselytization,
application through the designated as part of the programs or services § 2553.103 Who develops the performance
grants management system which is funded. If an organization conducts measures?
approved by CNCS and documented such activities, the activities must be (a) CNCS may establish performance
through the Notice of Grant Agreement offered separately, in time or location, measures that will apply to RSVP
(NGA). from the programs or services funded projects, which sponsors will be
■ 101. Amend § 2553.82 by revising the under this part. responsible for meeting.
section heading and paragraph (a) to (h) Nepotism. Persons selected for (b) An applicant is responsible for
read as follows: project staff positions shall not be choosing its own project specific
related by blood or marriage to other performance measures.
§ 2553.82 What benefits are a non-CNCS
project staff, sponsor staff or officers, or ■ 110. Revise § 2553.104 to read as
funded project entitled to?
members of the sponsor Board of follows:
(a) All technical assistance and Directors, unless there is written
materials provided to CNCS funded concurrence from the Advisory Council § 2553.104 What performance measures
RSVP volunteer projects; and must be submitted to CNCS and how are
or community group established by the these submitted?
* * * * *
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sponsor under subpart B of this part,
■ 102. Revise § 2553.83 to read as (a) An applicant for CNCS funds is
and with notification to CNCS.
follows: ■ 105. Revise § 2553.92 to read as
required to submit any uniform
follows: performance measure CNCS may
§ 2553.83 What financial obligation does establish for all applicants.
CNCS incur for non-CNCS funded projects? § 2553.92 What legal coverage does CNCS Requirements, including types of
Issuance of an NGA to a sponsor of a make available to RSVP volunteers? performance measures, will be
non-CNCS funded project does not It is within CNCS’ discretion to communicated in the notice of funding
create a financial obligation on the part determine if Counsel is employed and and other related materials.
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![6756 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
(b) CNCS may specify additional deadlines, concerning performance § 2553.109 [Redesignated as § 2553.108
requirements related to performance measures established in the grant award. and Amended]
measures on an annual basis in program A sponsor is required to report on the ■ 115. Redesignate § 2553.109 as
guidance and related materials. actual results that occurred when § 2553.108 and revise newly
(c) Applicants for CNCS funds will implementing the grant and to regularly
submit performance measures through redesignated § 2553.108 to read as
measure the project’s performance. follows:
the grant application. CNCS will
provide standard forms. ■ 113. Amend § 2553.107 by revising
the introductory text to read as follows: § 2553.108 What happens if a sponsor fails
■ 111. Revise § 2553.105 to read as to meet the target performance measures
follows: included in the approved grant application?
§ 2553.107 What must a sponsor do if it
§ 2553.105 How are performance cannot meet its performance measures? If a sponsor fails to meet a target
measures approved and documented? performance measure established in the
When a sponsor finds it is not on
(a) CNCS reviews and approves track to meet its performance measures, approved grant application, CNCS may
performance measures for all applicants the sponsor must develop a plan to get take one or more of the following
that apply for funding. actions:
(b) An applicant must follow CNCS back on track or submit a request to
provided guidance and formats when CNCS to amend its performance (a) Reduce the amount, suspend, or
submitting performance measures. measures. CNCS may limit when deny refunding of the grant, in
(c) Final performance measures, as amendments to performance measure accordance with the provisions of
negotiated between the applicant and can be submitted as well as limit the § 2553.31;
CNCS, will be documented in the types of changes a sponsor can make to
(b) Terminate the grant, in accordance
approved grant application. performance measures. The request
with 45 CFR part 1206.
■ 112. Revise § 2553.106 to read as must include all of the following:
follows: Dated: January 18, 2018.
* * * * *
Tim Noelker,
§ 2553.106 How does a sponsor report § 2553.108 [Removed]
performance measures to CNCS? General Counsel.
CNCS will set specific reporting ■ 114. Remove § 2553.108. [FR Doc. 2018–01462 Filed 2–13–18; 8:45 am]
requirements, including frequency and BILLING CODE 6050–28–P
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Document Created: 2018-02-14 03:59:43
Document Modified: 2018-02-14 03:59:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | To be sure your comments are considered, they must reach CNCS on or before April 16, 2018. | |
| 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. | |
| FR Citation | 83 FR 6740 | |
| RIN Number | 3045-AA63 | |
| CFR Citation | 45
CFR
2551 45 CFR 2552 45 CFR 2553 | |
| CFR Associated | Aged; Grant Programs-Social Programs and Volunteers |
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