[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6740-6756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01462]



[[Page 6739]]

Vol. 83

Wednesday,

No. 31

February 14, 2018

Part II





Corporation for National and Community Service





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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]]


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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.

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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 
SeniorCorpsRegs@cns.gov. Also, you may mail or deliver your comments to 
Jill Sears, Senior Corps, at the Corporation for National and Community 
Service, 250 E Street SW, Washington DC 20525. Due to continued delays 
in CNCS's receipt of mail, we strongly encourage comments to be 
submitted online electronically. You may request this notice in an 
alternative format for the visually impaired. Members of the public may 
review copies of all communications received on this rulemaking at 
CNCS's Washington, DC office.

FOR FURTHER INFORMATION CONTACT: Jill Sears, Senior Corps, at the 
Corporation for National and Community Service, 250 E Street SW, 
Washington, DC 20525, phone 202-606-7577. The TDD/TTY number is 800-
833-3722.

SUPPLEMENTARY INFORMATION: 

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