64636 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 

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: Final rule. 

SUMMARY: On February 14, 2018, the 

Corporation for National and 

Community Service (CNCS) proposed 

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). The final rule will increase 

flexibility in program administration 

while maintaining accountability at the 

local level, correct grammatical errors, 

update terminology and streamline 

requirements for more effective 

administration of projects in local 

communities. 

DATES: This final rule is effective 

January 31, 2019. 

FOR FURTHER INFORMATION CONTACT: Jill 

Sears, Senior Corps, at the Corporation 

for National and Community Service, 

250 E Street SW, Washington, DC 

20525, phone 303–390–2211. 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 oneto-one mentoring, nurturing, and 

support to children with special or 

exceptional needs, or who are in 

academic, social, or financial 

disadvantage. Foster Grandparents 

receive a small stipend enabling them to 

participate without cost to themselves. 

RSVP promotes the engagement of 

older persons as community resources 

in planning for community 

improvement and in delivery of 

volunteer services. RSVP matches the 

skills of older adults, who are willing to 

help with local organizations, with the 

identified needs of the community. 

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 1990, Congress enacted the 

National and Community Service Act of 

1990 (NCSA), the enabling legislation 

that expanded national and community 

service initiatives throughout the United 

States. 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 the former federal 

agency, ACTION (the Federal Domestic 

Volunteer Agency), 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. Discussion of the Final Rule 

The final rule includes modifications 

to current program requirements and 

technical updates to the three Senior 

Corps programs: SCP, FGP and RSVP. 

To modify and update program 

requirements, CNCS published a notice 

of proposed rulemaking in the Federal 

Register on February 14, 2018. The final 

rule reflects CNCS’s consideration of the 

comments it received. The final rule 

clarifies several requirements where the 

proposed language introduced 

unintended ambiguity. In addition, 

CNCS made minor technical corrections 

to the proposed language. 

A. Senior Companion Program 

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 includes: 

Technical updates, such as updating the 

income exclusion list to specify public 

benefits and disability benefits, and 

updating the list of what is considered 

income for purposes of determining 

eligibility to serve to include retirement 

saving plans; and substantive updates, 

such as removing the requirement for 

annual physicals and clarification of 

language to demonstrate which cost 

reimbursements are optional and which 

are required; Subpart E, Senior 

Companion Terms of Service, which 

includes reducing the minimum hour 

requirement and establishing annual 

minimum and maximum hour 

requirements, and making technical 

updates; Subpart F, Responsibilities of a 

Volunteer Station, which includes 

technical updates; Subpart G, Senior 

Companion Placement and 

Assignments, which includes the 

addition of a new section that 

consolidates all regulations regarding 

Senior Companion Leaders, and 

technical updates; Subpart I, 

Application and Fiscal Requirements, 

which includes technical updates, 

clarification of how applications are 

made to CNCS, and the removal of 

regulations for the direct benefit ration, 

or ‘‘80/20 rule’’; Subpart J, NonStipended Senior Companions, which 

includes consolidation of regulations 

and technical updates; Subpart K, NonCorporation Funded SCP Projects, 

which includes technical updates; and 

Subpart L, Restrictions and Legal 

Representation, which includes 

technical updates. 

B. Foster Grandparent Program 

For the FGP, 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 


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technical updates; Subpart C, 

Suspension Termination and Denial of 

Refunding, which include technical 

updates; Subpart D, Foster Grandparent 

Eligibility, Status and Cost 

Reimbursements, which includes: 

Technical updates, such as updating the 

income exclusion list to specify public 

benefits and disability benefits, 

updating the list of what is considered 

income for purposes of determining 

eligibility to serve to include retirement 

saving plans; and substantive updates, 

such as 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. 

C. RSVP 

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; and Subpart J, Performance 

Measurement, which include 

consolidation of this part as well as 

clarification of grantee responsibilities. 

III. Non-Regulatory Matters 

There are no non-regulatory matters to 

clarify. 

IV. Comments and Responses 

CNCS published the proposed rule on 

February 14, 2018 in the Federal 

Register with a 60-day comment period 

that ended on April 16, 2018. We 

received over 130 comments to the 

proposed rule. Commenters identified 

themselves, largely, as representatives of 

CNCS grantees required to comply with 

the rule, current Senior Corps 

volunteers impacted by the rule, and 

prospective volunteers interested in 

serving through Senior Corps programs. 

Commenters also consisted of CNCS’s 

Office of Inspector General, and 

members of the public. 

CNCS received overwhelming support 

for the proposed rule changes. For 

instance, we received overwhelming 

support for the elimination of the 

language requiring that a sponsor 

expend a sum equal to at least 80% of 

the total budget on expenses directly 

benefitting SCP and FGP volunteers, 

also known as the ‘‘Direct Benefit Ratio 

rule’’ or the ‘‘80/20 rule’’. Many 

commenters agreed that the elimination 

of the Direct Benefit Ratio rule reduces 

administrative burden for grantees, 

increases budgetary flexibility, allows 

grantees to focus on the delivery of high 

quality program services, and removes a 

duplicative and onerous requirement. 

We also received strong support for 

reducing the required hours of service 

in SCP and FGP from ‘‘a minimum of 15 

hours per week and a maximum of 40 

hours per week’’ to ‘‘a minimum of 260 

hours annually, or a minimum of 5 

hours per week’’. Many commenters 

agreed that the reduction in required 

hours of service increases program 

flexibility, program reach to 

communities in need, and volunteer 

recruitment. 

In addition, we received 

overwhelming support for the 

elimination of the annual physical 

examination requirement for SCP and 

FGP volunteers. Commenters indicated 

that the requirement may not properly 

assess one’s ability to serve, and noted 

that a similar eligibility requirement 

does not exist in other national service 

programs. Some commenters said they 

found the annual paperwork 

requirement to be burdensome. 

We also received overwhelming 

support for reducing the required 

annual in-service training hours for SCP 

and FGP volunteers. Commenters 

mentioned the diminishing value of 

repetitive training content from year-toyear. Commenters also mentioned the 

desire to optimize programmatic 

resources so that volunteers spend as 

much time as possible providing direct 

services to beneficiaries. Commenters 

agreed that reducing the required 

annual in-service training hours still 

achieves our intention to ensure that 

SCP and FGP volunteers are welltrained and provided valuable adult 

learning opportunities aimed at 

personal enrichment and enhancing 

performance of service assignments. 

Furthermore, CNCS received strong 

support for defining the term 

‘‘Proprietary Health Care Organization’’ 

for SCP, FGP, and RSVP, and for 

expanding the FGP definition of 

‘‘Children having exceptional needs’’ to 

include ‘‘behavioral disorders’’ and 

‘‘math and other educational needs.’’ 

Also, many commenters expressed the 

view that the requirement that meal 

times be specified in the goal statement 

of a volunteer’s service activity in order 

for SCP and FGP volunteers to accrue a 

stipend during those meal times is 

unnecessary, and supported that 

elimination of the requirement. Finally, 

CNCS received strong support for the 

elimination of the current RSVP 

requirement that states that ‘‘no more 

than 5% of the total number of 

volunteers budgeted for the project are 

assigned to it in administrative or 

support positions.’’ CNCS agrees that 

these changes will strengthen grantee 

program operations, reduce 

administrative burden, and clarify the 

meanings of defined terms. The changes 

will also eliminate certain unnecessary 

requirements that are redundant 

because the goals of these requirements 

are already achieved through other 

required programmatic and budgetary 

measures. 

The comments and CNCS’s responses 

are set forth below. 

A. Definitions 

Comment: We received comments 

recommending that we modify the 

current definition of ‘‘stipend’’ for the 

SCP and FGP programs, at 45 CFR 

2551.12(s) and 45 CFR 2552.12(v), to 


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state whether there is a maximum 

stipend level and/or whether a 

maximum stipend level may be set by 

projects locally. 

Response: The current definition of 

‘‘stipend’’ for SCP and FGP ensures that 

stipend amounts are not subject to a 

specified maximum. In addition, 

because the amount of the stipend is 

required to be set nationally, a 

maximum stipend level may not be set 

by projects locally. Therefore, CNCS 

will not modify the current definition of 

‘‘stipend’’ found at 45 CFR 2551.12 and 

45 CFR 2552.12. 

Comment: CNCS received comments 

seeking clarification asking the agency 

to set exact licensure or certification 

requirements within the requirement for 

SCP, FGP and RSVP that a ‘‘Volunteer 

station’’ must be licensed or otherwise 

certified, when required, by the 

appropriate state or local government, as 

currently set forth at 45 CFR 2551.12, 45 

CFR 2552.12, and 45 CFR 2553.12. 

Response: CNCS has determined that 

the requirements as set forth in the 

proposed regulations provide the correct 

level of clarity and specificity, as each 

state or local government may have its 

own rules defining necessary licensing 

and certification and these rules may 

vary by locality. Therefore, CNCS is not 

modifying language on ‘‘volunteer 

station’’ requirements for the three 

programs (45 CFR 2551.12, 45 CFR 

2552.12, and 45 CFR 2553.12). 

B. Senior Corps Project Staffing 

Requirements 

Comment: We received a comment 

recommending that CNCS clarify the 

requirement that currently exists at 45 

CFR 2551.25(c), 45 CFR 2552.25(c), and 

45 CFR 2553.25(c), that addresses 

whether an exception may be made to 

the requirement that a SCP, FGP or 

RSVP project director work full-time. 

Response: The current language in the 

regulations provides sufficient clarity 

regarding when an exception may be 

made to the requirement that a project 

director work in that capacity on a fulltime basis. The language in all three 

regulations explicitly states that ‘‘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.’’ 

Therefore further clarity is not required. 

(45 CFR 2551.25(c), 45 CFR 2552.25(c), 

and 45 CFR 2553.25(c)). 

Comment: We received several 

comments that opposed CNCS’s 

proposal to remove language that 

currently exists at 45 CFR 2551.25(e), 45 

CFR 2552.25(e), and 45 CFR 2553.25(e) 

that requires a sponsoring organization 

to compensate project staff at a level 

that is comparable to other similar staff 

positions in the organization and/or in 

the project service area. Commenters 

stated that the removal of this rule 

would interfere with the ability of many 

project directors to negotiate an 

equitable salary, when needed. 

Response: CNCS has considered the 

comments received and in response 

made revisions to the proposed changes 

to the SCP, FGP and RSVP regulations, 

so that sponsors have the discretion to 

negotiate with their project staff 

regarding appropriate compensation 

levels. The revised language states that 

a sponsoring organization shall 

‘‘Compensate project staff at a level that 

is comparable to similar staff positions 

in the sponsor organization and/or 

project service area, as is practicable’’ 

(45 CFR 2551.25, 45 CFR 2552.25(e), 45 

CFR 2553.25(e)). 

C. Sponsor Administrative 

Requirements 

Comment: We received comments in 

support of the elimination of the 

requirement for SCP and FGP projects to 

coordinate with local RSVP projects 

when SCP and FGP projects enroll nonstipended volunteers, which is currently 

required at 45 CFR 2551.101 and 45 CFR 

2552.101. Commenters suggested that 

the requirement for SCP and FGP 

projects to coordinate with nearby RSVP 

projects when enrolling over-income 

volunteers increased administrative 

burden for all three projects. In 

addition, the requirement presumes that 

a prospective non-stipended volunteer 

is willing to transition to a different 

project that may not offer a similar 

volunteer opportunity. 

Response: CNCS agrees with these 

comments. Not only may local RSVP 

projects offer volunteer opportunities 

that are dissimilar to SCP and FGP 

opportunities, potential non-stipended 

volunteers may prefer to serve through 

the SCP or FGP project that recruited 

them. Accordingly, SCP and FGP 

projects will no longer be required to 

coordinate with local RSVP projects 

when enrolling non-stipended SCP and 

FGP volunteers. Therefore, as set forth 

in the proposed rule, this requirement is 

eliminated in the final rule. 

Comment: We received comments 

supporting the elimination of two 

recommendations that are currently set 

forth at 45 CFR 2551.102(e), CFR 

2551.102(f), CFR 2552.102(e), and CFR 

2552.102(f). These regulatory provisions 

recommended that: (1) Non-stipended 

volunteers serve at separate volunteer 

stations from stipended SCP and FGP 

volunteers, and (2) non-stipended 

volunteers serve an average number of 

hours per week that differed from the 

requirement for stipended volunteers. 

Response: CNCS has determined that 

the elimination of certain service 

recommendations pertaining to nonstipended volunteers is warranted in 

order to make requirements for both 

stipended and non-stipended SCP and 

FGP volunteers consistent, equitable, 

and conducive to an effective service 

environment. In addition, the 

elimination of these recommendations 

ensures that service is carried out in a 

unified manner that promotes team 

building and strengthens impacts on 

communities. Moreover, we have 

determined that maintaining a separate 

and additional set of criteria related to 

non-stipended volunteers increases the 

administrative burden that is needed to 

support both stipended and nonstipended volunteers. Thus, as set forth 

in the proposed rule, we are eliminating 

the language which recommended that 

non-stipended volunteers serve at 

separate volunteer stations, and which 

recommended that non-stipended 

volunteers maintain average weekly 

service hours that differ from stipended 

volunteers. 

Comment: We received comments in 

support of clarifying the regulation that 

currently exists at 45 CFR 2553.61 that 

specifies that a sponsor may also serve 

as a volunteer station. Commenters 

sought clarification that both the RSVP 

sponsor and the RSVP project itself may 

serve as a volunteer station as some 

commenters found the current language 

too vague. 

Response: CNCS has determined that 

expressly stating that RSVP sponsors 

and RSVP projects themselves may 

serve as volunteer stations helps more 

clearly articulate the rule. Accordingly, 

the final rule provides this clarification. 

(45 CFR 2553.61). 

Comment: We received comments 

related to the current requirement, at 45 

CFR 2553.71(2)(e), that addresses RSVP 

grant cycles. Some commenters asked 

for clarification as to whether grant 

awards may be made for one three-year 

grant cycle or two three-year grant 

cycles. Other commenters requested that 

CNCS explicitly state that sponsoring 

organizations may be permitted to retain 

grant awards indefinitely, assuming 

satisfactory performance. 

Response: CNCS finds the language in 

the current regulation to be sufficiently 

clear and therefore no further change to 

the language is needed. The regulation 

states that ‘‘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 


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terms and conditions are satisfactory.’’ 

This regulation is pursuant to the 

statutory requirements related to the 

duration of RSVP grants and optional 

grant renewals. CNCS does not have the 

legal authority to indefinitely retain a 

sponsoring organization. Rather, we 

must carry out statutory requirements 

related to RSVP competition. 

Comment: We received a variety of 

comments related to RSVP performance 

measure requirements as currently set 

forth at 45 CFR part 2553, subpart J. 

Some commenters took issue with the 

requirement, as currently set forth 

specifically at 45 CFR 2553.108, that 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 

or (b) terminate the grant. One 

commenter suggested that CNCS 

introduce language that supports 

training and technical assistance ahead 

of the actions listed in the proposed 

rule. Another commenter sought 

clarification as to who develops 

performance measures. Other comments 

sought clarification on the elimination 

of definitions related to performance 

measures that are currently set forth at 

45 CFR 2553.12. 

Response: CNCS appreciates the range 

of comments related to performance 

measure requirements. While we 

understand that the comments are 

indicative of an ongoing desire from 

practitioners for robust support 

materials related to measuring the 

impact of Senior Corps projects across 

the country, compliance with 

performance measure requirements is 

mandated by statute. Where possible, 

CNCS will continue to provide 

information on performance measures 

through guidance and training rather 

than through regulation. Support in 

understanding and implementing 

national performance measures is best 

delivered through guidance and training 

as these tools allow sponsors more 

flexibility with project design and 

implementation. Further, by setting 

performance measure requirements in 

regulation, CNCS and sponsors are less 

able to keep pace with evolving industry 

standards. In addition, applicants have 

the flexibility to elect specific measures 

from a list of national measures 

provided by CNCS with each grant 

opportunity. Moreover, including 

additional requirements into regulation 

may limit sponsor choice without 

providing a tangible benefit. Thus, 

CNCS is publishing the final rule related 

to 45 CFR 2553.12 and 45 CFR part 

2553, subpart J, as proposed (45 CFR 

2553.101–45 CFR 2553.109). 

D. Volunteer Service Requirements 

Comment: Commenters 

overwhelmingly support the reduction 

of required annual in-service training 

hours that currently exist for SCP and 

FGP volunteers at 45 CFR 2551.23(f) and 

45 CFR 2552.23(f). Some commenters 

mentioned the diminishing value of 

repetitive training content from year-toyear and thereby support the overall 

reduction in required in-service training 

hours. Others mentioned preferring to 

spend time in direct service with 

beneficiaries. One commenter stated 

that fewer hours of training were 

required to maintain a previous 

professional training certification for 

similar services. In addition, we 

received a few comments requesting 

elimination of the training requirement 

altogether. 

Response: CNCS maintains that an 

investment in ongoing training is 

important to provide SCP and FGP 

volunteers with valuable adult learning 

opportunities aimed at enhancing 

performance of service assignments and 

providing volunteers with personal 

enrichment. The proposed change does 

not alter the requirement that volunteers 

receive at least twenty (20) hours of preservice orientation when they begin 

service, However, the proposed change 

clarifies ongoing in-service training 

language and reduces the minimum 

requirement from forty (40) hours to 

twenty-four (24) hours of in-service 

training annually. By reducing the 

minimum requirement for annual, 

ongoing in-service training, projects are 

able to allow volunteers to spend more 

time delivering services to beneficiaries 

each year. CNCS disagrees with the 

comments proposing the complete 

elimination of the training requirement 

as ongoing training ensures that 

volunteers continue to deliver highquality service and that volunteers have 

opportunities for personal enrichment. 

Consequently, CNCS includes the 

proposed language reducing the 

minimum number of in-service training 

hours for SCP and FGP volunteers in the 

final rule. (45 CFR 2551.23(f) and 45 

CFR 2552.23(f)). 

E. Volunteer Eligibility Requirements 

Comment: We received many 

comments strongly in favor of removing 

the annual physical examination 

requirement for SCP and FGP volunteers 

that currently exists at 45 CFR 

2551.41(a)(2), 45 CFR 2551.46(d), 45 

CFR 2552.41(a)(2), and 45 CFR 

2552.46(d). Some commenters indicated 

that they found the requirement may not 

properly assess one’s ability to serve. 

They noted that a similar eligibility 

requirement does not exist in other 

national service programs. Some 

commenters said they found the annual 

paperwork requirement to be 

burdensome. Many commenters 

supported the elimination of the annual 

physical examination requirement while 

also expressing a desire to retain 

physical examinations an option, and 

therefore as an allowable expense 

because some sponsoring organizations 

and/or volunteer stations like the idea of 

providing the annual physical 

examination as an option available for 

volunteers. Finally, some commenters 

disagree with the removal of the 

physical examination and voiced 

preferences ranging from a one-time 

enrollment requirement to a mandatory 

requirement every three years. 

Response: CNCS agrees that annual 

physical examinations, while 

potentially valuable to certain 

volunteers and stations, may not be 

determinative of one’s ability to serve. 

Furthermore, the annual paperwork 

requirement may be burdensome for 

both projects and volunteers. 

Accordingly, we are eliminating this 

requirement in the final rule. However, 

both CNCS and sponsors recognize the 

value of offering physical examinations 

to volunteers who may not otherwise 

have the resources or means to obtain 

them. Sponsors who will be offering 

physical examinations to volunteers 

will likely support the retention of 

incumbent, experienced volunteers, 

which will in turn support and sustain 

project operations. Therefore, this direct 

benefit shall be retained as an allowable 

grant expense. As such, CNCS is adding 

‘‘Physical examination’’ to the 

articulated cost reimbursements in the 

final rule (45 CFR 2551.46(f) and 45 CFR 

2552.46(f)). 

Comment: CNCS proposed clarifying 

in the SCP and FGP regulations 

currently set forth in 45 CFR 2551.44(b) 

and 45 CFR 2552.44(b) that 

Supplemental Nutrition Assistance 

Program (SNAP) benefits, public 

assistance, child support, and disability 

payments, are not considered income 

for eligibility verification purposes. 

CNCS also received a comment 

suggesting that the nonexhaustive 

listings of funds that are considered 

income be updated to reflect CNCS’s 

longstanding position that retirement 

savings plans, including 401(k) plans, 

are considered income for eligibility 

verification purposes. 

Response: CNCS has determined that 

articulating certain forms of public 

assistance that are not to be counted 

toward an SCP or FGP volunteer’s 


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eligibility is helpful. We have also 

determined that explicitly articulating 

certain forms of income that are to be 

counted toward an SCP or FGP 

volunteer’s eligibility is likewise 

helpful. Accordingly, we are clarifying 

in the final rule that SNAP benefits, 

public assistance, child support, and 

disability payments shall not be used to 

determine income eligibility. (45 CFR 

2551.44(b)(3), (b)(4) and 45 CFR 

2552.44(b)(3), (b)(4)). While it has 

always been CNCS’s position that these 

forms of public benefits and assistance 

are not considered income for volunteer 

eligibility purposes, we note that those 

forms of public benefits and assistance 

are not specifically denoted in the 

current SCP and FGP regulations as 

such. Accordingly, in the final rule, we 

are updating the non-exhaustive listings 

of what funds are not considered 

income for eligibility verification 

purposes to include SNAP benefits, 

public assistance, child support, and 

disability payments. 

In addition, non-exhaustive listings of 

what funds are considered income for 

eligibility purposes are set forth in the 

current SCP and FGP regulations. It was 

suggested that the nonexhaustive 

listings of funds that are considered 

income reflect CNCS’s longstanding 

position that retirement savings plans, 

including 401(k) plans, are considered 

income for volunteer eligibility 

purposes. Accordingly, for both SCP 

and FGP regulations, we are updating 

the non-exhaustive listings of what 

funds are considered income to reflect 

retirement savings plans. 

F. Volunteer Stipend for Senior 

Companion Leaders 

Comment: We received a comment 

that sought clarification as to whether a 

Senior Companion leader may be paid 

a stipend. 

Response: Yes, a Senior Companion 

leader may be paid a stipend. A Senior 

Companion leader may also be provided 

a monetary incentive, through 

recognition, for his or her service as a 

Senior Companion leader. An 

individual’s cumulative service as a 

Senior Companion and a Senior 

Companion leader may not exceed 40 

hours per week. 

CNCS is relocating the Senior 

Companion leader regulatory provision 

to a new section at 45 CFR 2551.73(b). 

G. Comments Related to the Direct 

Benefit Ratio Rule and Minimum 

Service Hours 

Comment: The agency received 

overwhelming support for the 

elimination of the language requiring 

that a sponsor expend a sum equal to at 

least 80% of the total budget on 

expenses directly benefitting SCP and 

FGP volunteers, also known as the 

‘‘Direct Benefit Ratio rule’’ or the 

‘‘80/20 rule’’ that currently exist at 45 

CFR 2551.92(e) and 45 CFR 2552.92(e). 

For example, several commenters stated 

that the elimination of the Direct Benefit 

Ratio rule would reduce administrative 

burden for grantees and allow them to 

focus on the delivery of high quality 

program services. 

Response: CNCS agrees that 

eliminating the Direct Benefit Ratio rule 

will reduce administrative burden for 

grantees and allow them to focus on the 

delivery of high quality services for 

their SCP and FGP projects. Also, in 

CNCS’s view, elimination of the rule 

will lead to more local control over 

project design and to increased 

flexibility in budget expenditures. 

The Direct Benefit Ratio rule was 

intended to control spending on 

administrative costs. However, we have 

found that the rule no longer achieves 

this goal. Rather, the Direct Benefit 

Ratio rule constrains local control of 

project design and innovation, and adds 

a layer of complexity to grant awards 

that is unnecessary and unduly 

burdensome. 

Moreover, the Direct Benefit Ratio 

rule is duplicative because CNCS 

regulations and policy, as well as other 

applicable federal regulations set forth 

in the ‘‘Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal 

Awards’’ (OMB Uniform Guidance), as 

established by the Office of Management 

and Budget, already restrict spending on 

administrative costs. The applicable 

regulations and policy are as follows: 

(1) CNCS requires that grantees match 

at least 10% of the total project cost for 

SCP and FGP projects. (45 CFR 2551.92, 

45 CFR 2552.92). 

(2) Sponsors must request prior CNCS 

approval if seeking to reduce the 

funding that is allocated to volunteer 

stipends. (45 CFR 2551.93, 45 CFR 

2552.93). 

(3) SCP and FGP grants are federal 

awards and continue to be governed by 

the OMB Uniform Guidance, as 

established by the Office of Management 

and Budget. The OMB Uniform 

Guidance aims to reduce administrative 

burden on award recipients while 

guarding against the risk of waste and 

misuse of federal funding. (2 CFR part 

200 and 2 CFR part 2205). 

(4) CNCS has established a policy that 

defines a maximum cost per volunteer 

service year (VSY). A VSY is a unit of 

measure that is equal to 1,044 hours of 

annual volunteer service. At a set 

volunteer stipend rate of $2.65 per hour, 

each VSY is equivalent to $2,767 per 

year. This means that grantees must 

annually budget $2,767 for each VSY 

they agree to produce. In turn, they have 

the flexibility to budget the remaining 

amount, up to the maximum cost per 

VSY, for a combination of 

administrative costs and other direct 

benefits for volunteers, like meals, 

transportation, insurance, etc. This rate 

is communicated to applicants or 

grantees during the application or 

renewal process rather than in 

regulation. As such, CNCS may adjust 

the rate in accordance with inflation 

over time. In addition, the maximum 

cost per VSY is linked to service activity 

in outcome-based assignments. This 

effectively establishes a minimum 

amount of expected service delivery in 

relation to the federal award; 

establishing such a minimum amount 

serves as a strong internal control to 

ensure that quality services at 

satisfactory and higher levels are 

delivered to the community. 

Finally, the administrative burden 

necessary to comply with this Direct 

Benefit Ratio rule is unduly onerous. 

Accordingly, this requirement is 

eliminated in the final rule. 

Comment: We received numerous 

comments strongly supporting the 

reduction of required hours of service in 

SCP and FGP from ‘‘a minimum of 15 

hours per week and a maximum of 40 

hours per week’’ that currently exist at 

45 CFR 2551.51 and 45 CFR 2552.51 to 

‘‘a minimum of 260 hours annually, or 

a minimum of 5 hours per week’’. We 

received strong support from project 

staff, volunteers, and prospective 

volunteers, many of whom articulated 

challenges associated with the current 

requirement. Challenges articulated 

include: (1) Prospective volunteers’ not 

wanting to commit to serve at least 15 

hours per week which, in turn, 

adversely impacts project recruitment; 

and (2) projects’ being impeded from 

offering volunteer services for certain 

established programs (e.g., after-school 

programs) because the schedules of 

those programs warrant far fewer hours 

per week for such services. In addition, 

some commenters requested that we set 

a minimum number of hours at a 

different level, e.g. a minimum of 10 

hours per week, while others 

recommended the complete elimination 

of the requirement. 

We also received comments related to 

the proposal to remove language 

allowing projects to set local policies 

regarding hours of service. Additionally, 

we received two comments questioning 

the proposed reduction in minimum 

hours of service; two commenters noted 

the possibility that reducing hours of 


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service could lead to the enrollment of 

additional volunteers, which could then 

lead to a potential increase in costs 

related to supporting those additional 

volunteers. These commenters also 

expressed concern that the increase in 

costs associated with supporting 

additional volunteers could lead to a 

decrease in resource availability, which 

could then possibly lead to a decrease 

in the support of beneficiaries. 

Finally, we received a comment 

requesting that CNCS conduct research 

to determine the extent to which the 

existing requirement that volunteers 

serve a minimum of 15 hours per week 

prevents grantees from filling volunteer 

slots or retaining volunteers. 

Response: CNCS notes that the 

majority of commenters support this 

proposed change and recognize the 

value of reducing the required 

minimum hours of service per week for 

volunteers. The agency further notes 

that the challenges associated with the 

existing minimum number of hours of 

service required of each volunteer can 

adversely impact project recruitment. 

For example, CNCS has received 

feedback from a range of stakeholders 

that prospective volunteers are deterred 

from service because the weekly 

commitment is viewed as difficult to 

meet, given other personal interests or 

obligations. These challenges may also 

restrict a sponsor’s ability to offer a 

diversity of volunteer services, which 

consequently impede sponsors from 

offering a wider range of volunteer 

opportunities. CNCS anticipates that 

reducing the minimum requirement to 

five hours weekly, or 260 hours 

annually, will help alleviate these 

challenges and is therefore adhering to 

the proposed change. 

We also recognize that our proposal to 

eliminate the language that allows 

projects to set local policies regarding 

hours of service may raise questions as 

to whether projects will still be 

permitted to set such local policies. 

Projects will still be able to set local 

policies that define hours of service. 

Indeed, because sponsors are able to set 

local weekly hours of service policies, 

they may elect to establish the 

minimum weekly hours of service 

expected at any level in between the 5 

hour weekly minimum and the 40 hour 

weekly maximum. Therefore, CNCS will 

not eliminate the proposed language. 

Finally, we address the comment 

suggesting that CNCS conduct research 

to determine the extent to which the 

existing requirement of a minimum of 

15 hours of service per week prevents 

grantees from filling volunteer slots or 

retaining volunteers. CNCS has 

determined that more research is not 

necessary prior to issuing this regulatory 

change. 

Based on CNCS’s observation of the 

adverse impact on stakeholders, which 

includes direct feedback, and research 

commissioned by CNCS, reducing the 

15 hour per week minimum service 

requirement is appropriate and 

warranted. The 15 hour per week 

minimum serves as a barrier to 

recruitment, retention, project growth, 

and/or project innovation. Research 

commissioned by CNCS also indicates 

that prospective volunteers are deterred 

from service because the weekly 

commitment is viewed as difficult to 

meet, given other personal interests or 

obligations. Additionally, CNCS 

recognizes that reducing the minimum 

number of required weekly service 

hours for prospective and current 

volunteers is likely to result in 

strengthened increased recruitment of 

new volunteers and retention of existing 

volunteers. Therefore, CNCS has 

determined that this proposed change is 

appropriate and, accordingly 

incorporates it in the final rule. (45 CFR 

2551.51 and 45 CFR 2552.51). 

Comment: We received one comment 

in which the commenter recommended 

that CNCS consider the cost 

effectiveness of the proposed 

amendment reducing the minimum 

number of volunteer service hours per 

week from 15 to 5. The commenter 

suggests that, by decreasing the number 

of hours each individual serves, the 

service delivered directly to 

beneficiaries will be minimized because 

additional funding will be spent in 

support of mobilizing and retaining 

additional volunteers in service. This 

commenter also recommended that 

CNCS consider the cost effectiveness of 

eliminating the Direct Benefit Ratio rule 

(the ‘‘80/20 rule’’), which requires that 

a sum equal to at least 80% of the 

federal award be expended on benefits 

provided directly to SCP and FGP 

volunteers. 

Response: As stated in the responses 

to the comments above, CNCS has 

received strong positive feedback from 

many commenters that express support 

for the proposed reduction to the 

minimum weekly service hour 

requirement and the elimination of the 

Direct Benefit Ratio rule. CNCS has 

considered the cost effectiveness of 

reducing the minimum number of 

volunteer service hours and found that 

the benefits of making this change far 

outweigh the potential costs. We 

considered whether reducing the 

weekly service hour requirement would 

likely improve the quality, increase the 

range, and expand the reach, of services 

to beneficiaries, for the cost incurred. 

Reducing the minimum number of 

volunteer service hours per week 

positions CNCS to achieve such 

increased value and better results. This 

change also removes barriers to service, 

which will, in turn, attract greater 

numbers of volunteers and support a 

broader range of volunteers in service. 

In addition, this rule states that 

projects may set local policies within 

these parameters. Therefore, individual 

sponsors are given the discretion to 

assess the local needs of both 

prospective volunteers and the 

volunteer stations at which they serve. 

With the reduction in minimum weekly 

service hours, sponsors will be able to 

offer service opportunities that are 

attractive to both a larger and more 

diverse group of volunteers and a larger 

and more diverse group of service sites 

and volunteer stations. Sponsors report 

that, for some prospective volunteer 

stations, CNCS resources are 

inaccessible because these sites cannot 

support the 15-hour per week minimum 

service requirement of volunteers. By 

allowing for more individualized 

volunteer service opportunities, 

sponsors will have a broader reach into 

the community. Sponsors will be able to 

support new community partners and 

consequently reach a larger and more 

diverse group of beneficiaries. 

Furthermore, the increased flexibility 

in service schedules should be 

considered in conjunction with the 

reduction in required in-service training 

hours as well as other program rules. As 

discussed above, the required amount of 

in-service training is being reduced from 

40 hours annually to 24 hours annually. 

This change will create efficiencies 

because the likelihood of repetitive 

content appearing in year-to-year inservice trainings is diminished. The 

change will also optimize programmatic 

resources so that volunteers spend as 

much time as possible providing direct 

services to beneficiaries. 

Moreover, the reduction in the 

required amount of annual in-service 

training would allow sponsors to spend 

less of their stipend funding in support 

of mandatory volunteer training. In 

addition, sponsors continue to be 

required to request prior CNCS approval 

if seeking to reduce the funding that is 

allocated to volunteer stipends. This is 

significant for two reasons: (1) A 

sponsor may expend less stipend 

funding on time spent in training, and 

(2) a sponsor may not shift stipend 

funding to other expenses without 

express prior CNCS approval. Therefore, 

a sponsor may shift stipend funding 

from training and must expend that 

funding on time spent in direct service 


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unless granted permission from CNCS to 

do otherwise. 

In other words, the reduction in 

required minimum hours of in-service 

training could result in cost savings for 

a sponsor, which would then be 

directed into additional hours of service 

spent with beneficiaries of service. 

CNCS has also considered the impact 

of eliminating the Direct Benefit Ratio 

rule (the ‘‘80/20 rule’’), which requires 

that a sum equal to at least 80% of the 

federal award be expended on benefits 

provided directly to SCP and FGP 

volunteers. CNCS has determined that 

the Direct Benefit Ratio rule, which 

must operate in conjunction with the 

match requirement, and the restriction 

on re-budgeting stipend funding, not 

only constrains local control of project 

design and innovation, but also add a 

layer of complexity to these grant 

awards that is unnecessary and unduly 

burdensome. CNCS also finds the Direct 

Benefit Ratio rule to be duplicative 

because CNCS regulations and policy, as 

well as other applicable federal 

regulations, already restrict spending on 

administrative costs. 

The applicable regulations and 

policies used to closely monitor and 

control administrative costs include: 

(1) CNCS requires that grantees match 

at least 10% of the total project cost for 

SCP and FGP projects. (45 CFR 2551.92, 

45 CFR 2552.92) 

(2) Sponsors must request prior CNCS 

approval if seeking to reduce the 

funding that is allocated to volunteer 

stipends. (45 CFR 2551.93, 45 CFR 

2552.93) 

(3) SCP and FGP grants are federal 

awards and continue to be governed by 

the Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

as established by the Office of 

Management and Budget. The ‘‘Uniform 

Guidance’’ aims to reduce 

administrative burden on award 

recipients while guarding against the 

risk of waste and misuse of federal 

funding. (2 CFR part 200 and 2 CFR part 

2205) 

(4) CNCS has established a policy that 

defines a maximum cost per volunteer 

service year (VSY). A VSY is a unit of 

measure that is equal to 1,044 hours of 

annual volunteer service. At a set 

volunteer stipend rate of $2.65 per hour, 

each VSY is equivalent to $2,767 per 

year. This means that grantees must 

annually budget $2,767 for each VSY 

they agree to produce. In turn, they have 

the flexibility to budget the remaining 

amount, up to the maximum cost per 

VSY, for a combination of 

administrative costs and other direct 

benefits for volunteers, like meals, 

transportation, insurance, etc. This rate 

is communicated to applicants or 

grantees during the application or 

renewal process rather than in 

regulation. As such, CNCS may adjust 

the rate in accordance with inflation 

over time. In addition, the maximum 

cost per VSY is linked to service activity 

in outcome-based assignments. This 

effectively establishes a minimum 

amount of expected service delivery in 

relation to the federal award; 

establishing such a minimum amount 

serves as a strong internal control to 

ensure that quality services at 

satisfactory and higher levels are 

delivered to the community. 

Moreover, eliminating the Direct 

Benefit Ratio rule will not adversely 

impact the number of volunteers or the 

level of services performed. Rather, 

establishing a maximum cost per VSY, 

in combination with eliminating the 

Direct Benefit Ratio rule, allow grantees 

to both assert control over local 

budgetary needs and deliver an 

expected amount of service to the 

community. 

To be sure, the elimination of the rule 

allows grantees, if they choose, to incur 

additional administrative costs. 

However, even in those cases where 

grantees elect to spend more in 

administrative costs, eliminating the 

Direct Benefit Ratio rule will reduce 

burden, improve programmatic 

flexibility, and ultimately, allow more 

effective service. Notwithstanding 

possible increases in administrative 

costs for certain grantees, we have 

determined that the value still 

outweighs such costs. 

Comment: CNCS received one 

comment that recommended the 

initiation of a pilot program to 

determine how the proposed changes 

will impact direct service to the 

community and the total administrative 

costs associated with the SCP and FGP 

programs, specifically related to the 

reduction in required minimum weekly 

hours of service and the elimination of 

the Direct Benefit Ratio rule. 

Response: CNCS has determined that 

a pilot program is unnecessary because 

we have established controls in policy 

that bind grant expenditures, and we 

evaluate and monitor the impact of 

direct service to the communities where 

SCP and FGP programs operate on an 

ongoing basis. In addition, SCP and FGP 

grant awards are governed by the OMB 

Uniform Guidance (2 CFR part 200, 2 

CFR part 2205). These rules properly 

regulate and control administrative 

costs associated with federal grant 

awards and provide sufficient budgetary 

controls over the administrative costs 

incurred when implementing SCP and 

FGP awards. 

Moreover, designing, implementing 

and evaluating the results of a pilot 

program are likely to take several years’ 

time and produce little added benefit. 

CNCS has determined that it has 

sufficient information to conclude that 

the likely impact of the reduction in 

minimum hours of weekly required 

service and the elimination of the Direct 

Benefit Ratio rule will be highly 

favorable for sponsors and the 

communities they serve, as volunteer 

service will increase and administrative 

burden will decrease. 

To that end, CNCS has received a high 

degree of positive feedback regarding 

the impact of these proposed regulatory 

changes, in the form of many favorable 

comments from parties of interest—i.e., 

grantees and other stakeholders. 

Furthermore, CNCS has conducted 

research that indicates that the 15-hour 

per week minimum serves as a barrier 

to recruitment, retention, and/or project 

innovation. This research indicates that 

prospective volunteers are deterred from 

service because the weekly commitment 

is viewed as difficult to meet given 

other personal obligations and interests. 

This research also shows that the Direct 

Benefit Ratio rule impedes project 

growth and innovation because it 

hinders budget flexibility that would 

allow the projects to grow and evolve to 

meet changing community needs. For 

example, while projects have a 

reasonable desire to leverage more 

funding to deliver expanded and high 

quality programming, some sponsors 

report that they have elected to forego 

accepting additional non-federal 

funding to avoid the administrative 

burden associated with the Direct 

Benefit Ratio rule. 

Therefore, CNCS has determined that 

a pilot program is not warranted and 

does not plan to conduct one. 

Comment: CNCS received a comment 

that asked us to consider and test 

alternative approaches to the proposed 

changes, specifically to reducing the 

minimum number of service hours per 

week and eliminating the Direct Benefit 

Ratio rule. The commenter suggested 

permitting calendar-based variation in 

minimum service hour requirements to 

allow volunteer commitments to 

fluctuate with the school year. The 

commenter also suggested that CNCS 

consider modifying rather than 

eliminating the Direct Benefit Ratio rule. 

Response: CNCS has considered 

alternative approaches to achieving the 

same objectives of increasing volunteer 

service opportunities by reducing the 

minimum number of service hours per 

week from 15 to 5, and to decreasing 


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administrative burden by eliminating 

the Direct Benefit Ratio rule. We have 

determined that reducing the minimum 

number of service hours per week is the 

best approach. 

Indeed, CNCS has guidance in the 

SCP and FGP Handbooks that provides 

technical support to sponsors so that 

they can accommodate calendar-based 

variations of service opportunities, 

particularly when considering a typical 

school year, as this is a common 

challenge experienced by FGP projects. 

Based on CNCS’s observation of the 

adverse impact on stakeholders, which 

includes direct feedback, and research 

commissioned by CNCS, reducing the 

15 hour per week minimum service 

requirement and eliminating the Direct 

Benefit Ratio rule is appropriate and 

warranted. CNCS determined that the 

15-hour per week minimum service 

requirement is a barrier to recruitment, 

retention, and/or project innovation. In 

addition, CNCS determined that the 

Direct Benefit Ratio rule impedes 

project growth and innovation because 

it hinders budget flexibility that would 

allow projects to grow and evolve to 

meet changing community needs. 

Indeed, CNCS established and 

implemented a more effective approach 

to achieve both objectives of increasing 

volunteer service opportunities and 

decreasing administrative burden prior 

to publishing the proposed rules. As 

stated above, by establishing a 

maximum cost per volunteer service 

year (VSY) for time spent in outcomebased assignments, a sponsor is able to 

optimally and more flexibly budget nonstipend funding. This consequently 

makes the Direct Benefit Ratio rule 

unnecessary, and, by eliminating the 

rule, we relieve sponsors of the unduly 

administrative burden associated with 

it. 

By setting a maximum cost per VSY, 

sponsors are also given the flexibility, if 

they choose, to mobilize additional 

volunteers into service. A VSY, again, 

represents a set number of service 

hours. It is not tied to a specific, 

individual volunteer, but rather is used 

as a tool to budget service hours and 

stipend funding. By reducing the 

number of weekly service hours that 

each individual volunteer is required to 

serve, sponsors are able to bring new 

volunteers into service and offer 

additional and diverse volunteer 

opportunities. Sponsors are also able to 

engage additional and diverse volunteer 

stations, as some prospective volunteer 

stations have reported that CNCS 

resources are inaccessible to them 

because their sites cannot support the 

15-hour per week minimum service 

requirement for volunteers. 

In addition, CNCS has linked the 

maximum cost per VSY to service 

activities in outcome-based 

assignments. In other words, sponsors 

must assign volunteers to service 

assignments that are aimed at achieving 

national performance measure 

outcomes. By setting a maximum cost 

per VSY, CNCS has effectively 

established a minimum amount of 

expected service delivery in relation to 

the federal award. That is, by tying the 

maximum cost per VSY to outcomebased assignments, CNCS protects its 

investment in high quality service that 

directly impacts communities. 

Therefore, for the reasons set forth 

above, further consideration of 

alternatives is unnecessary. 

V. Effective Dates and Implementation 

The new regulations are in effect 

[INSERT DATE 45 DAYS AFTER DATE 

OF PUBLICATION] and apply to all 

awards funded after the effective date of 

the new regulations, and to all grant 

activity funded in FY18. 

VI. Regulatory Procedures 

Executive Order 12866 

CNCS has determined that the 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 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-grantapplication-instructions; http://

www.nationalservice.gov/documents/ 

senior-corps/2015/rsvp-grantapplication-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 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 


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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. 

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 

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 

amends chapter XXV, title 45 of the 

Code of Federal Regulations as follows: 

PART 2551—SENIOR COMPANION 

PROGRAM 

■ 1. The authority citation for part 2551 

continues to read as follows: 

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

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 2. Amend § 2551.12 as follows: 

■ a. Remove paragraphs (f), (l), (m), (o), 

(t), and (u). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definitions of ‘‘Adequate 

staffing level’’ and ‘‘Chief Executive 

Officer’’. 

■ d. Move the definition of ‘‘Adequate 

staffing level’’ before the definition of 

‘‘Adult with special needs’’. 

■ e. Add the definition of ‘‘CNCS’’ in 

alphabetical order. 

■ f. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

■ g. Add the definitions of ‘‘Non-CNCS 

support (excess)’’, ‘‘Non-CNCS support 

(match)’’, and ‘‘Performance measures’’ 

in alphabetical order. 

■ h. Revise the definition of ‘‘Project’’. 

■ i. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ j. Revise the definitions of ‘‘Service 

area’’, ‘‘Sponsor’’, and ‘‘Stipend’’. 

■ k. Add the definition of ‘‘United 

States and Territories’’ in alphabetical 

order. 

■ l. Revise the definitions of ‘‘Volunteer 

assignment plan’’ and ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2551.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full time equivalent 

needed by a sponsor to manage the 

National Senior Service Corps (NSSC) 

project operations considering such 

factors as: Number of budgeted 

Volunteer Service Years (VSYs), number 

of volunteer stations, and the size of the 

service area. 

* * * * * 

Chief Executive Officer. The Chief 

Executive Officer of CNCS appointed 

under the National and Community 

Service Act of 1990, as amended, 

(NCSA), 42 U.S.C. 12501 et seq. 

CNCS. The Corporation for National 

and Community Service established 

under the NCSA, as amended, 42 U.S.C. 

12501 et seq. 

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 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 private, non-profit 

organizations, both secular and faithbased, in the United States that have 

authority to accept and the capability to 

administer a Senior Companion project. 

Stipend. A payment to Senior 

Companions to enable them to serve 

without cost to themselves. The 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, the 

Commonwealth of the Northern Mariana 

Islands, and the Trust Territories of the 

Pacific Islands. 

Volunteer assignment plan. A written 

description of a Senior Companion’s 

assignment with a client. The plan 

identifies specific outcomes for the 

client served and the activities of the 

Senior Companion. 

Volunteer station. A public agency; a 

private, non-profit organization, secular 

or faith-based; or a proprietary health 

care organization. A volunteer station 

must accept responsibility for the 

assignment and supervision of Senior 

Companions in health, education, social 

service or related settings such as multipurpose centers, home health care 

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 3. Revise § 2551.21 to read as follows: 

§ 2551.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 


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defined in section 421(5) of the Act, and 

private, non-profit organizations, both 

secular and faith-based, in the United 

States that have authority to accept and 

the capability to administer a Senior 

Companion project. 

■ 4. Revise § 2551.22 to read as follows: 

§ 2551.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the Senior Companion Program as 

specified in the Act. A sponsor shall not 

delegate or contract these overall 

management responsibilities to another 

entity. CNCS retains the right to 

determine what types of management 

responsibilities may or may not be 

contracted. 

■ 5. Amend § 2551.23 as follows: 

■ a. Revise the section heading and 

paragraphs (a), (b), and (c) introductory 

text. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (c)(2)(iii). 

■ c. Revise paragraphs (c)(2)(iv), (f), and 

(g). 

■ d. Remove paragraphs (i) and (j); 

■ e. Redesignate paragraphs (k) and (l) 

as (i) and (j), respectively, and revise 

newly redesignated paragraphs (i) and 

(j). 

■ f. Add new paragraphs (k) and (l). 

The revisions and additions read as 

follows: 

§ 2551.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(a) Focus Senior Companion resources 

within the project’s service area, on 

critical problems affecting the frail 

elderly and other adults with special 

needs. 

(b) In collaboration with other 

community organizations or by using 

existing assessments, assess the needs of 

the community or service area, and 

develop strategies to respond to 

identified needs using Senior 

Companions. 

(c) Develop and manage one or more 

volunteer stations by: 

(2) * * * 

(iv) That states the station will not 

discriminate against SCP volunteers, 

service beneficiaries, or in the operation 

of its program on the basis of race, color, 

national origin including individuals 

with limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service; and 

* * * * * 

(f) Provide Senior Companions with 

assignments that show direct and 

demonstrable benefits to the adults and 

the community served, the Senior 

Companions, and the volunteer station; 

with required cost reimbursements 

specified in § 2551.46; with 20 hours of 

pre-service orientation and at least 24 

hours annually of in-service training. 

(g) Encourage the most efficient and 

effective use of Senior Companions by 

coordinating project services and 

activities with related national, state 

and local programs, including other 

CNCS programs. 

* * * * * 

(i) Establish written service policies 

for Senior Companions that include but 

are not limited to: 

(1) Annual and sick leave. 

(2) Holidays. 

(3) Service schedules. 

(4) Termination and appeal 

procedures. 

(5) Meal and transportation 

reimbursements. 

(j) Conduct National Service Criminal 

History Checks in accordance with the 

requirements in 45 CFR 2540.200 

through 2540.207. 

(k) Provide Senior Companion 

volunteers with cost reimbursements 

specified in this section. 

(l) Make every effort to meet such 

performance measures as established in 

the approved grant application. 

■ 6. Revise § 2551.24(a)(2), (3), and (4) 

to read as follows; 

§ 2551.24 What are a sponsor’s 

responsibilities for securing community 

participation? 

(a) * * * 

(2) With an interest in the field of 

community service and volunteerism; 

(3) Capable of helping the sponsor 

satisfy its administrative and program 

responsibilities including fund-raising, 

publicity, and meeting or exceeding 

performance measures; 

(4) With an interest in, and knowledge 

of, the range of abilities of older adults; 

and 

* * * * * 

■ 7. Amend § 2551.25 as follows: 

■ a. Revise paragraph (c). 

■ b. Revise paragraphs (e) through (h). 

The revisions read as follows. 

§ 2551.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ a full-time project director 

to accomplish project objectives and 

manage the functions and activities 

delegate to project staff for Senior Corps 

project(s) within its control. The project 

director may participate in activities to 

coordinate project resources with those 

of related local agencies, boards or 

organizations. A full-time project 

director shall not serve concurrently in 

another capacity, paid or unpaid, during 

established working hours. A sponsor 

may negotiate the employment of a parttime project director with CNCS when 

the sponsor can demonstrate that such 

an arrangement will not adversely affect 

the size, scope, or quality of project 

operations. 

* * * * * 

(e) Compensate project staff at a level 

that is comparable to similar staff 

positions in the sponsor organization 

and/or project service area, as is 

practicable. 

(f) 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. 

(g) 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. 

(h) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

§ 2551.33 [Removed and Reserved] 

■ 8. Remove and reserve § 2551.33. 

■ 9. Revise § 2551.34(a)(3) and (b) to 

read as follows: 

§ 2551.34 What are the rules on 

suspension, termination, and denial of 

refunding of grants? 

(a) * * * 

(3) In any case where an application 

for refunding is denied for failure to 

comply with the terms and conditions 

of the grant, the recipient shall be 

afforded an opportunity for an informal 

hearing before an impartial hearing 

officer, who has been agreed to by the 

recipient and CNCS; and 

* * * * * 

(b) Hearings or other meetings as may 

be necessary to fulfill the requirements 

of this section should, to the extent 

practicable, be held in locations 

convenient to the recipient agency. 

* * * * * 

■ 10. Amend § 2551.41 as follows: 

■ a. Add the word ‘‘and’’ at the end of 

paragraph (a)(1). 

■ b. Remove paragraphs (a)(2) and (3). 

■ c. Redesignate paragraph (a)(4) as 

(a)(2). 

■ d. Revise paragraph (b). 


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The revisions read as follows: 

§ 2551.41 Who is eligible to be a Senior 

Companion? 

* * * * * 

(b) Eligibility to serve as a Senior 

Companion shall not be restricted on 

the basis of formal education, 

experience, race, color, national origin 

including limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service. 

■ 11. Revise § 2551.43(b) to read as 

follows: 

§ 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. 

* * * * * 

■ 12. Amend § 2551.44 as follows: 

■ a. Revise paragraphs (a)(1), (3), and 

(4). 

■ b. Remove the period at the end of 

paragraph (b)(2) and add a semicolon in 

its place. 

■ c. Add paragraphs (b)(3) through (5). 

The revisions and additions read as 

follows: 

§ 2551.44 What is considered income for 

determining volunteer eligibility? 

(a) * * * 

(1) Money, wages, and salaries before 

any deduction; 

* * * * * 

(3) Social Security, Unemployment or 

Workers Compensation, strike benefits, 

training stipends, alimony, and military 

family allotments, or other regular 

support from an absent family member 

or someone not living in the household; 

(4) Government employee pensions, 

private pensions, regular insurance or 

annuity payments, and 401(k) or other 

retirement savings plans; 

* * * * * 

(b) * * * 

(3) Regular payments for public 

assistance, including Supplemental 

Nutrition Assistance Program (SNAP); 

(4) Social Security Disability or any 

type of disability payment; and 

(5) Food or rent received in lieu of 

wages. 

■ 13. Revise § 2551.45 to read as 

follows: 

§ 2551.45 Is a Senior Companion a federal 

employee, an employee of the sponsor or 

of the volunteer station? 

Senior Companions are volunteers, 

and are not employees of the sponsor, 

the volunteer station, CNCS, or the 

Federal Government. 

■ 14. Amend § 2551.46 as follows: 

■ a. Revise the section heading, 

introductory text, and paragraphs (a), (b) 

introductory text, (b)(1) and (2), 

(b)(3)(i)(A) and (B), (b)(3)(ii), (c), (d), and 

(e). 

■ b. Remove paragraph (f). 

■ c. Redesignate paragraph (g) as (f) and 

revise newly redesignated paragraph (f). 

■ d. Add a new paragraph (g). 

The revisions and addition read as 

follows: 

§ 2551.46 What cost reimbursements and 

benefits do sponsors provide to Senior 

Companions? 

Cost reimbursements and benefits 

provided by sponsors include: 

(a) Stipend. The stipend is paid for 

the time Senior Companions spend with 

their assigned clients, for earned leave, 

and for attendance at official project 

events. 

(b) Insurance. Insurance is made 

available to Senior Companions 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 that CNCS 

determines, and that the sponsor must 

provide, for each person, and 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) Physical examination. Senior 

Companions may be provided a 

physical examination or assistance with 

the cost of a physical examination prior 

to assignment and annually thereafter. 

(g) Other volunteer expenses. Senior 

Companions may also be reimbursed for 

allowable out-of-pocket expenses 

incurred while performing their 

assignments. 

■ 15. Revise § 2551.47 to read as 

follows: 

§ 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. 

■ 16. Revise § 2551.51 to read as 

follows: 

§ 2551.51 What are the terms of service of 

a Senior Companion? 

A Senior Companion shall serve a 

minimum of 260 hours annually, or a 

minimum of 5 hours per week. A Senior 

Companion may serve a maximum of 

2080 hours annually, or a maximum of 

40 hours per week. Within these 

limitations, a sponsor may set service 

policies consistent with local needs. 

■ 17. Revise § 2551.52(c) to read as 

follows: 

§ 2551.52 What factors are considered in 

determining a Senior Companion’s service 

schedule? 

* * * * * 

(c) Meal time may be part of the 

service schedule and is stipended. 


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■ 18. Revise § 2551.53 to read as 

follows: 

§ 2551.53 Under what circumstances may 

a Senior Companion be removed from 

service? 

(a) A sponsor may remove a Senior 

Companion from service for cause. 

Grounds for removal include, but are 

not limited to: Extensive and 

unauthorized absences; misconduct; 

failure to perform assignments or failure 

to accept supervision. A Senior 

Companion may also be removed from 

stipended service for having income in 

excess of the eligibility level. A Senior 

Companion shall be removed 

immediately if ineligible to serve based 

on criminal history check results. 

(b) The sponsor shall establish 

appropriate policies on removal from 

service, as well as procedures for 

appeal. 

■ 19. Revise § 2551.61 to read as 

follows: 

§ 2551.61 May a sponsor serve as a 

volunteer station? 

Yes. A sponsor may serve as a 

volunteer station, if the activities are 

part of a work plan in the approved 

project application. 

■ 20. Amend § 2551.62 as follows: 

■ a. Revise paragraphs (c) and (d). 

■ b. Add the word ‘‘and’’ at the end of 

paragraph (e)(1). 

■ c. Revise paragraph (e)(2). 

■ d. Remove paragraph (e)(3). 

■ e. Revise paragraphs (i) and (j). 

The revisions read as follows: 

§ 2551.62 What are the responsibilities of 

a volunteer station? 

* * * * * 

(c) Develop a written volunteer 

assignment plan for each Senior 

Companion that identifies their roles 

and activities, each client served, and 

expected outcomes. 

(d) Keep a Letter of Agreement for 

each client who receives in-home 

service. 

(e) * * * 

(2) Resources required for 

performance of assignments, including 

reasonable accommodation, as needed, 

to enable Senior Companions with 

disabilities to perform the essential 

functions of their service. 

* * * * * 

(i) Comply with all applicable civil 

rights laws and regulations, including 

providing Senior Companions with 

disabilities reasonable accommodation, 

to perform the essential functions of 

their service. 

(j) Undertake such other 

responsibilities as may be necessary for 

the successful performance of Senior 

Companions in their assignments or as 

agreed to in the Memorandum of 

Understanding. 

§ 2551.71 [Amended] 

■ 21. Amend § 2551.71 by removing 

paragraph (b) and redesignating 

paragraph (c) as (b). 

■ 22. Amend § 2551.72 as follows: 

■ a. Revise the section heading and 

paragraph (a)(5). 

■ b. Remove and reserve paragraph (b). 

■ c. Remove paragraph (c). 

The revisions read as follows: 

§ 2551.72 Is a written volunteer 

assignment plan required for each Senior 

Companion? 

(a) * * * 

(5) Is used to review the impact of the 

assignment on the client(s). 

* * * * * 

■ 23. Add § 2551.73 to subpart G to read 

as follows: 

§ 2551.73 May a Senior Companion serve 

as a volunteer leader? 

Yes. Senior Companions—who on the 

basis of experience as volunteers, 

special skills, and demonstrated 

leadership abilities—may spend time, in 

addition to their regular assignment, to 

assist newer Senior Companion 

volunteers in performing their 

assignments and in coordinating 

activities of such volunteers. 

(a) All Senior Companions serving as 

volunteer leaders shall receive a written 

volunteer assignment plan developed by 

the volunteer station that: 

(1) Is approved by the sponsor and 

accepted by the Senior Companion; 

(2) Identifies the role and activities of 

the Senior Companion and expected 

outcomes; 

(3) Addresses the period of time of 

service; and 

(4) Is used to review the status of the 

Senior Companion’s services identified 

in the assignment plan, as well as the 

impact of those services. 

(b)While serving in the capacity of a 

volunteer leader, a Senior Companion 

may be paid a stipend (at the same rate 

as the established Senior Companion 

stipend) for his or her additional hours 

served as a volunteer leader. 

(c) Senior Companion leaders, 

through recognition, may receive an 

additional monetary incentive. 

■ 24. Revise § 2551.91 to read as 

follows: 

§ 2551.91 What is the process for 

application and award of a grant? 

(a) How and when may an eligible 

organization apply for a grant? (1) An 

eligible organization may file an 

application in response to CNCS’ 

published request, such as a Notice of 

Funding Opportunity or a Notice of 

Funding Availability. Applicants are not 

assured of selection or approval and 

may have to compete with other 

applicants. 

(2) The applicant shall comply with 

the provisions of Executive Order 

12372, ‘‘Intergovernmental Review of 

Federal Programs,’’ (3 CFR, 1982 Comp., 

p. 197) in 45 CFR part 1233 and any 

other applicable requirements. 

(b) Who reviews the merits of an 

application and how is a grant 

awarded? (1) CNCS reviews and 

determines the merit of an application 

by its responsiveness to published 

guidelines and to the overall purposes 

and objectives of the program. When 

funds are available, CNCS awards a 

grant in writing to each applicant whose 

grant proposal provides the best 

potential for serving the purpose of the 

program. 

(2) The award will be documented by 

the Notice of Grant Award (NGA). CNCS 

and the sponsoring organization are the 

parties to the NGA. The NGA will 

document the sponsor’s commitment to 

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 notify the 

applicant if the applicant is not 

approved for funding, along 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 three years in 

duration. 

■ 25. Amend § 2551.92 as follows: 

■ a. Revise paragraphs (a), (b) 

introductory text, (c), and (d). 

■ b. Remove paragraph (e). 

■ c. Redesignate paragraph (f) as (e) and 

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 2551.92 What are project funding 

requirements? 

(a) Is non-CNCS support required? A 

CNCS grant may be awarded to fund up 

to 90 percent of the cost of development 

and operation of a Senior Companion 

project. The sponsor is required to 

contribute at least 10 percent of the total 

project cost from non-Federal sources or 

authorized Federal sources. 

(b) Under what circumstances does 

CNCS allow less than the 10 percent 

non-CNCS support? CNCS may allow 

exceptions to the 10 percent local 

support requirement in cases of 

demonstrated need such as: 

* * * * * 


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(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the 10 percent non-CNCS 

support required? Whenever locally 

generated contributions to Senior 

Companion projects are in excess of the 

minimum 10 percent non-CNCS support 

required, CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and non-Federal 

funds, including expenditures from 

excess locally generated contributions 

in support of the grant, are subject to 

audit by CNCS, its Inspector General, or 

their authorized agents. 

(e) May a sponsor pay stipends at 

rates different than those established by 

CNCS? No, a sponsor shall pay stipends 

at rates established by CNCS. 

■ 26. Amend § 2551.93 as follows: 

■ a. Revise the section heading. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (a)(3). 

■ c. Revise paragraph (a)(4). 

■ d. Add paragraph (a)(5). 

■ e. Revise paragraphs (b), (e), and (f). 

The revisions and addition read as 

follows: 

§ 2551.93 What are a sponsor’s legal 

requirements in managing grants? 

* * * * * 

(a) * * * 

(4) All applicable CNCS policies; and 

(5) All other applicable CNCS 

requirements. 

(b) Project support provided under a 

CNCS grant shall be furnished at the 

lowest possible cost consistent with the 

effective operation of the project. 

* * * * * 

(e) Payments to settle discrimination 

complaints, either through a settlement 

agreement or formal adjudication, are 

not allowable costs. 

(f) Written CNCS approval is required 

for the following changes in the 

approved grant: 

(1) Reduction in budgeted volunteer 

service years. 

(2) Change in the service area. 

■ 27. Revise § 2551.101 to read as 

follows: 

§ 2551.101 What rule governs the 

recruitment and enrollment of persons who 

do not meet the income eligibility 

guidelines to serve as Senior Companions? 

Over-income persons as described in 

§ 2551.43, age 55 or over, may be 

enrolled in SCP project as nonstipended volunteers. 

■ 28. Amend § 2551.102 as follows: 

■ a. Revise paragraphs (b) and (d). 

■ b. Remove paragraphs (e) and (f). 

■ c. Redesignate paragraph (g) as (e) and 

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 2551.102 What are the conditions of 

service of non-stipended Senior 

Companions? 

* * * * * 

(b) No special privilege or status is 

granted or created among Senior 

Companions, whether stipended or nonstipended, and equal treatment is 

required. 

* * * * * 

(d) All regulations and requirements 

applicable to the program apply to 

Senior Companions. 

(e) Non-stipended Senior Companions 

may contribute the costs they incur in 

connection with their participation in 

the program. An SCP project may not 

count such contributions as part of the 

required non-CNCS support (match) for 

the grant. 

■ 29. Revise § 2551.103 to read as 

follows: 

§ 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. 

§ 2551.104 [Removed and Reserved] 

■ 30. Remove and reserve § 2551.104. 

■ 31. Revise the heading for subpart K 

to read as follows: 

Subpart K—Non-CNCS Funded Senior 

Companion Projects 

■ 32. Revise § 2551.111 to read as 

follows: 

§ 2551.111 Under what conditions may an 

agency or organization sponsor a Senior 

Companion project without CNCS funding? 

An eligible agency or organization 

who wishes to sponsor a Senior 

Companion project without CNCS 

funding must make an application 

through the designated grants 

management system which is approved 

by CNCS and documented through the 

Notice of Grant Agreement (NGA). 

■ 33. Amend § 2551.112 by revising the 

section heading, introductory text, and 

paragraph (a) to read as follows: 

§ 2551.112 What are the resources and 

benefits to which a non-CNCS funded 

project is entitled? 

The Notice of Grant Award entitles 

the sponsor of a Non-CNCS funded 

project to: 

(a) All technical assistance and 

materials provided to CNCS funded 

Senior Companion projects; and 

* * * * * 

■ 34. Revise § 2551.113 to read as 

follows: 

§ 2551.113 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

Issuance of an NGA to a sponsor of a 

non-CNCS funded project does not 

create a financial obligation on the part 

of CNCS for any costs associated with 

the project. 

■ 35. Revise § 2551.114 to read as 

follows: 

§ 2551.114 What happens if a non-CNCS 

funded sponsor does not comply with the 

NGA? 

A non-CNCS funded project sponsor’s 

noncompliance with the NGA may 

result in suspension or termination 

CNCS’ agreement and all benefits 

specified in § 2551.112. 

■ 36. Revise § 2551.121(c)(2), (g), and 

(h) to read as follows: 

§ 2551.121 What legal limitations apply to 

the operation of the Senior Companion 

Program and to the expenditure of grant 

funds? 

* * * * * 

(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 


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sponsor under subpart B of this part, 

and with notification to CNCS. 

■ 37. Revise § 2551.122 to read as 

follows: 

§ 2551.122 What legal coverage does 

CNCS make available to Senior 

Companions? 

It is within CNCS’s discretion to 

determine if Counsel is employed and 

counsel fees, court costs, bail and other 

expenses incidental to the defense of a 

SCP volunteer are paid in a criminal, 

civil or administrative proceeding, 

when such a proceeding arises directly 

out of performance of the volunteer’s 

activities. The circumstances under 

which CNCS may pay such expenses are 

specified in 45 CFR part 1220. 

PART 2552—FOSTER GRANDPARENT 

PROGRAM 

■ 38. The authority citation for part 

2552 continues to read as follows: 

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

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 39. Revise § 2552.11 to read as 

follows: 

§ 2552.11 What is the Foster Grandparent 

Program? 

The Foster Grandparent Program 

provides grants to qualified agencies 

and organizations for the dual purpose 

of engaging persons 55 and older, 

particularly those with limited incomes, 

in volunteer service to meet critical 

community needs; and to provide a high 

quality experience that will enrich the 

lives of the volunteers. Program funds 

are used to support Foster Grandparents 

in providing supportive, person to 

person service to children with special 

and or exceptional needs, or in 

circumstances that limit their academic, 

social or emotional development. 

■ 40. Amend § 2552.12 as follows: 

■ a. Remove paragraphs (h), (n), (o), (r), 

(w), and (x). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definitions of ‘‘Adequate 

staffing level’’, ‘‘Chief Executive 

Officer’’, and ‘‘Children having 

exceptional needs’’. 

■ d. Add the definition of ‘‘CNCS’’ in 

alphabetical order. 

■ e. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

■ f. Add the definitions of ‘‘Non-CNCS 

support (excess)’’, ‘‘Non-CNCS support 

(match)’’, and ‘‘Performance measures’’ 

in alphabetical order. 

■ g. Revise the definition of ‘‘Project’’. 

■ h. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ i. Revise the definitions of ‘‘Service 

area’’, ‘‘Sponsor’’, and ‘‘Stipend’’. 

■ j. Add the definition of ‘‘United States 

and Territories’’ in alphabetical order. 

■ k. Revise the definitions of ‘‘Volunteer 

assignment plan’’ and ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2552.12 Definitions. 

* * * * * 

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, as amended, 42 U.S.C. 

12501 et seq. 

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 private, non-profit 

organizations, both secular and faithbased, in the United States that have 

authority to accept and the capability to 

administer a Foster Grandparent project. 

Stipend. A payment to Foster 

Grandparents to enable them to serve 

without cost to themselves. The 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, the 

Commonwealth of the Northern Mariana 

Islands, and the 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. 


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Volunteer station. A public agency; a 

private, non-profit organization, secular 

or faith-based; or a proprietary health 

care organization. A volunteer station 

must accept responsibility for the 

assignment and supervision of Foster 

Grandparents in health, education, 

social service or related settings such as 

multi-purpose centers, home health care 

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 41. Revise § 2552.21 to read as 

follows: 

§ 2552.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 

defined in section 421(5) of the Act, and 

private, non-profit organizations, both 

secular and faith-based, in the United 

States that have authority to accept and 

the capability to administer a Foster 

Grandparent project. 

■ 42. Revise § 2552.22 to read as 

follows: 

§ 2552.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the Foster Grandparent Program as 

specified in the Act. A sponsor shall not 

delegate or contract these overall 

management responsibilities to another 

entity. CNCS retains the right to 

determine what types of management 

responsibilities may or may not be 

contracted. 

■ 43. Amend § 2552.23 as follows: 

■ a. Revise the section heading and 

paragraphs (a), (b), and (c) introductory 

text. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (c)(2)(iii). 

■ c. Revise paragraphs (c)(2)(iv), (f), and 

(g). 

■ d. Remove paragraphs (i) and (j). 

■ e. Redesignate paragraphs (k) and (l) 

as (i) and (j), respectively, and revise 

newly redesignated paragraphs (i) and 

(j). 

■ f. Add new paragraphs (k) through (l). 

The revisions and additions read as 

follows: 

§ 2552.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(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 § 2552.46; with 20 hours of 

pre-service orientation and at least 24 

hours annually of in-service training. 

(g) Encourage the most efficient and 

effective use of Foster Grandparents by 

coordinating project services and 

activities with related national, state 

and local programs, including other 

CNCS programs. 

* * * * * 

(i) Establish written service policies 

for Foster Grandparents that include but 

are not limited to: 

(1) Annual and sick leave. 

(2) Holidays. 

(3) Service schedules. 

(4) Termination and appeal 

procedures. 

(5) Meal and transportation 

reimbursements. 

(j) Conduct National Service Criminal 

History Checks in accordance with the 

requirements in 45 CFR 2540.200 

through 2540.207. 

(k) Provide Foster Grandparent 

volunteers with cost reimbursements 

specified in this section. 

(l) Make every effort to meet such 

performance measures as established in 

the approved grant application. 

■ 44. Revise § 2552.24(a)(2), (3), and (4) 

to read as follows: 

§ 2552.24 What are a sponsor’s 

responsibilities for securing community 

participation? 

(a) * * * 

(2) With an interest in the field of 

community service and volunteerism; 

(3) Capable of helping the sponsor 

satisfy its administrative and program 

responsibilities including fund-raising, 

publicity and meeting or exceeding 

performance measures; 

(4) With an interest in, and knowledge 

of, the range of abilities of older adults; 

and 

* * * * * 

■ 45. Amend § 2552.25 as follows: 

■ a. Revise paragraph (c). 

■ b. Revise paragraphs (e) through (h). 

The revisions read as follows: 

§ 2552.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ a full-time project director 

to accomplish project objectives and 

manage the functions and activities 

delegate to project staff for Senior Corps 

project(s) within its control. The project 

director may participate in activities to 

coordinate project resources with those 

of related local agencies, boards or 

organizations. A full-time project 

director shall not serve concurrently in 

another capacity, paid or unpaid, during 

established working hours. A sponsor 

may negotiate the employment of a parttime project director with CNCS when 

the sponsor can demonstrate that such 

an arrangement will not adversely affect 

the size, scope or quality of project 

operations. 

* * * * * 

(e) Compensate project staff at a level 

that is comparable to similar staff 

positions in the sponsor organization 

and/or project service area, as is 

practicable. 

(f) 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. 

(g) 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. 

(h) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

§ 2552.33 [Removed and Reserved] 

■ 46. Remove and reserve § 2552.33. 

■ 47. Revise § 2552.34(a)(3) and (b) to 

read as follows: 


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§ 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 grant recipient. 

* * * * * 

■ 48. Revise the heading for subpart D 

to read as follows: 

Subpart D—Foster Grandparent 

Eligibility, Status, Cost 

Reimbursements and Benefits 

■ 49. Amend § 2552.41 as follows: 

■ a. Add the word ‘‘and’’ at the end of 

paragraph (a)(1). 

■ b. Remove paragraphs (a)(2) and (3). 

■ c. Redesignate paragraph (a)(4) as 

(a)(2) and revise newly redesignated 

paragraph (a)(2). 

■ d. Revise paragraph (b). 

The revisions read as follows: 

§ 2552.41 Who is eligible to be a Foster 

Grandparent? 

(a) * * * 

(2) In order to receive a stipend, have 

an income that is within the income 

eligibility guidelines specified in this 

subpart. 

(b) Eligibility to serve as a Foster 

Grandparent shall not be restricted on 

the basis of formal education, 

experience, race, color, national origin 

including limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service. 

■ 50. Revise § 2552.43(b) to read as 

follows: 

§ 2552.43 What income guidelines govern 

eligibility to serve as a stipended Foster 

Grandparent? 

* * * * * 

(b) For applicants to become 

stipended Foster Grandparents, annual 

income is projected for the following 12 

months, based on income at the time of 

application. For serving stipended 

Foster Grandparents, annual income is 

counted for the past 12 months. Annual 

income includes the applicant or 

enrollee’s income and that of his/her 

spouse, if the spouse lives in the same 

residence. 

* * * * * 

■ 51. Amend § 2552.44 by revising 

paragraphs (a)(1), (3) and (4) and adding 

paragraphs (b)(3) through (5) to read as 

follows: 

§ 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; 

(4) Government employee pensions, 

private pensions, regular insurance or 

annuity payments, and 401(k) or other 

retirement savings plans; 

* * * * * 

(b) * * * 

(3) Regular payments for public 

assistance including the Supplemental 

Nutrition Assistance Program (SNAP). 

(4) Social Security Disability or any 

type of disability payment. 

(5) Food or rent received in lieu of 

wages. 

■ 52. Revise § 2552.45 to read as 

follows: 

§ 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. 

■ 53. Amend § 2552.46 by revising the 

section heading, introductory text, and 

paragraphs (a), (b) introductory text, 

(b)(1) and (2), (b)(3)(i)(A) and (B), 

(b)(3)(ii), (c), (d), (e), and (f), and adding 

paragraph (g), to read as follows: 

§ 2552.46 What cost reimbursements and 

benefits do sponsors provide 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) Physical examination. Foster 

Grandparents may be provided a 

physical examination or assistance with 

the cost of a physical examination prior 

to assignment and annually thereafter. 

(g) Other volunteer expenses. Foster 

Grandparents may also be reimbursed 

for allowable out-of-pocket expenses 

incurred while performing their 

assignments. 

■ 54. Revise § 2552.47 to read as 

follows: 

§ 2552.47 May the cost reimbursements 

and benefits received by a Foster 

Grandparent be subject to any tax or 

charge, be treated as wages or 

compensation, or affect eligibility to receive 

assistance from other programs? 

No. Foster Grandparent’s cost 

reimbursements and benefits are not 

subject to any tax or charge or treated 

as wages or compensation for the 

purposes of unemployment insurance, 

worker’s compensation, temporary 

disability, retirement, public assistance, 

or similar benefit payments or minimum 


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wage laws. Cost reimbursements and 

benefits are not subject to garnishment 

and do not reduce or eliminate the level 

of, or eligibility for, assistance or 

services a Foster Grandparent may be 

receiving under any governmental 

program. 

■ 55. Revise § 2552.51 to read as 

follows: 

§ 2552.51 What are the terms of service of 

a Foster Grandparent? 

A Foster Grandparent shall serve a 

minimum of 260 hours annually, or a 

minimum of 5 hours per week. A Foster 

Grandparent may serve a maximum of 

2080 hours annually, or a maximum of 

40 hours per week. Within these 

limitations, a sponsor may set service 

policies consistent with local needs. 

■ 56. Revise § 2552.52(c) to read as 

follows: 

§ 2552.52 What factors are considered in 

determining a Foster Grandparent’s service 

schedule? 

* * * * * 

(c) Meal time may be part of the 

service schedule and is stipended. 

■ 57. Revise § 2552.53 to read as 

follows: 

§ 2552.53 Under what circumstances may 

a Foster Grandparent be removed from 

service? 

(a) A sponsor may remove a Foster 

Grandparent from service for cause. 

Grounds for removal include, but are 

not limited to: Extensive and 

unauthorized absences; misconduct; 

failure to perform assignments or failure 

to accept supervision. A Foster 

Grandparent may also be removed from 

stipended service for having income in 

excess of the eligibility level. A Foster 

Grandparent shall be removed 

immediately if ineligible to serve based 

on criminal history check results. 

(b) The sponsor shall establish 

appropriate policies on removal from 

service, as well as procedures for 

appeal. 

■ 58. Revise § 2552.61 to read as 

follows: 

§ 2552.61 May a sponsor serve as a 

volunteer station? 

Yes. A sponsor may serve as a 

volunteer station, if the activities are 

part of a work plan in the approved 

project application. 

■ 59. Amend § 2552.62 as follows: 

■ a. Revise paragraphs (c) and (d). 

■ b. Add the word ‘‘and’’ to the end of 

paragraph (e)(1). 

■ c. Revise paragraph (e)(2). 

■ d. Remove paragraph (e)(3). 

■ e. Revise paragraphs (i) and (j). 

The revisions read as follows: 

§ 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. 

■ 60. Revise § 2552.71(a) and (b) to read 

as follows: 

§ 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. 

* * * * * 

■ 61. Amend § 2552.72 as follows: 

■ a. Revise the section heading and 

paragraph (a)(5). 

■ b. Remove and reserve paragraph (b). 

§ 2552.72 Is a written volunteer 

assignment plan required for each Foster 

Grandparent? 

(a) * * * 

(5) Is used to review the impact of the 

assignment on the child(ren). 

* * * * * 

■ 62. Revise the heading for subpart H 

to read as follows: 

Subpart H—Children and Youth Served 

■ 63. Revise the heading for § 2552.81 to 

read as follows: 

§ 2552.81 Who is eligible to be served? 

* * * * * 

■ 64. Revise § 2552.82(a) introductory 

text to read as follows: 

§ 2552.82 Under what circumstances may 

a Foster Grandparent continue to serve an 

individual beyond his or her 21st birthday? 

(a) Only when a Foster Grandparent 

has been assigned to, and has developed 

a relationship with an individual with 

a disability, may that assignment 

continue beyond the individual’s 21st 

birthday, provided that: 

* * * * * 

■ 65. Revise § 2552.91 to read as 

follows: 

§ 2552.91 What is the process for 

application and award of a grant? 

(a) How and when may an eligible 

organization apply for a grant? (1) An 

eligible organization may file an 

application in response to CNCS’ 

published request, such as a Notice of 

Funding Opportunity or a Notice of 

Funding Availability. Applicants are not 

assured of selection or approval and 

may have to compete with other 

applicants. 

(2) The applicant shall comply with 

the provisions of Executive Order 

12372, ‘‘Intergovernmental Review of 

Federal Programs,’’ (3 CFR, 1982 Comp., 

p. 197) in 45 CFR part 1233 and any 

other applicable requirements. 

(b) Who reviews the merits of an 

application and how is a grant 

awarded? (1) CNCS reviews and 

determines the merit of an application 

by its responsiveness to published 

guidelines and to the overall purposes 

and objectives of the program. When 

funds are available, CNCS awards a 

grant in writing to each applicant whose 

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 three years in 

duration. 

■ 66. Amend § 2552.92 as follows; 

■ a. Revise paragraphs (a), (b) 

introductory text, (c), and (d). 


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■ b. Remove paragraph (e). 

■ c. Redesignate paragraph (f) as (e) and 

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 2552.92 What are project funding 

requirements? 

(a) Is non-CNCS support required? A 

CNCS grant may be awarded to fund up 

to 90 percent of the cost of development 

and operation of a Foster Grandparent 

project. The sponsor is required to 

contribute at least 10 percent of the total 

project cost from non-Federal sources or 

authorized Federal sources. 

(b) Under what circumstances does 

CNCS allow less than the 10 percent 

non-CNCS support? CNCS may allow 

exceptions to the 10 percent local 

support requirement in cases of 

demonstrated need such as: 

* * * * * 

(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the 10 percent non-CNCS 

support required? Whenever locally 

generated contributions to Foster 

Grandparent projects are in excess of the 

minimum 10 percent non-CNCS support 

required, CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and non-Federal 

funds, including expenditures from 

excess locally generated contributions 

in support of the grant are subject to 

audit by CNCS, its Inspector General, or 

their authorized agents. 

(e) May a sponsor pay stipends at 

rates different than those established by 

CNCS? No, a sponsor shall pay stipends 

at rates established by CNCS. 

■ 67. Amend § 2552.93 as follows: 

■ a. Revise the section heading. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (a)(3). 

■ c. Revise paragraph (a)(4). 

■ d. Add paragraph (a)(5). 

■ e. Revise paragraphs (b), (e), and (f). 

The revisions and addition read as 

follows: 

§ 2552.93 What are a sponsor’s legal 

requirements in managing grants? 

* * * * * 

(a) * * * 

(4) All applicable CNCS policies; and 

(5) All other applicable CNCS 

requirements. 

(b) Project support provided under a 

CNCS grant shall be furnished at the 

lowest possible cost consistent with the 

effective operation of the project. 

* * * * * 

(e) Payments to settle discrimination 

complaints, either through a settlement 

agreement or formal adjudication, are 

not allowable costs. 

(f) Written CNCS approval is required 

for the following changes in the 

approved grant: 

(1) Reduction in budgeted volunteer 

service years. 

(2) Change in the service area. 

■ 68. Revise § 2552.101 to read as 

follows: 

§ 2552.101 What rule governs the 

recruitment and enrollment of persons who 

do not meet the income eligibility 

guidelines to serve as Foster 

Grandparents? 

Over-income persons as described in 

§ 2552.43, age 55 or over, may be 

enrolled in FGP project as nonstipended volunteers. 

■ 69. Amend § 2552.102 as follows: 

■ a. Revise paragraphs (b) and (d). 

■ b. Remove paragraphs (e) and (f). 

■ c. Redesignate paragraph (g) as (e) and 

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 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. 

■ 70. Revise § 2552.103 to read as 

follows: 

§ 2552.103 Must a sponsor be required to 

enroll non-stipended Foster Grandparents? 

No. Enrollment of non-stipended 

Foster Grandparents is not a condition 

for a sponsor to receive a new or 

continuation grant. 

§ 2552.104 [Removed and Reserved] 

■ 71. Remove and reserve § 2552.104. 

■ 72. Revise the heading for subpart K 

to read as follows: 

Subpart K—Non-CNCS Funded Foster 

Grandparent Projects 

■ 73. Revise § 2552.111 to read as 

follows: 

§ 2552.111 Under what conditions may an 

agency or organization sponsor a Foster 

Grandparent project without CNCS 

funding? 

An eligible agency or organization 

who wishes to sponsor a Foster 

Grandparent project without CNCS 

funding must make an application 

through the designated grants 

management system which is approved 

by CNCS and documented through the 

Notice of Grant Agreement (NGA). 

■ 74. Amend § 2552.112 by revising the 

section heading, introductory text, and 

paragraph (a) to read as follows: 

§ 2552.112 What are the resources and 

benefits to which a non-CNCS funded 

project is entitled? 

The Notice of Grant Award entitles 

the sponsor of a Non-CNCS funded 

project to: 

(a) All technical assistance and 

materials provided to CNCS funded 

Foster Grandparent projects; and 

* * * * * 

■ 75. Revise § 2552.113 to read as 

follows: 

§ 2552.113 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

Issuance of an NGA to a sponsor of a 

non-CNCS funded project does not 

create a financial obligation on the part 

of CNCS for any costs associated with 

the project. 

■ 76. Revise § 2552.114 to read as 

follows: 

§ 2552.114 What happens if a non-CNCS 

funded sponsor does not comply with the 

NGA? 

A non-CNCS funded project sponsor’s 

noncompliance with the NGA may 

result in suspension or termination 

CNCS’ agreement and all benefits 

specified in § 2552.112. 

■ 77. Revise § 2552.121(c)(2), (g), and 

(h) to read as follows: 

§ 2552.121 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 


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services or engage in any form of 

proselytization as part of his/her duties. 

(2) A sponsor or volunteer station may 

retain its independence and may 

continue to carry out its mission, 

including the definition, development, 

practice, and expression of its religious 

beliefs, provided that it does not use 

CNCS funds to support any inherently 

religious activities, such as worship, 

religious instruction, or proselytization, 

as part of the programs or services 

funded. If an organization conducts 

such activities, the activities must be 

offered separately, in time or location, 

from the programs or services funded 

under this part. 

(h) Nepotism. Persons selected for 

project staff positions shall not be 

related by blood or marriage to other 

project staff, sponsor staff or officers, or 

members of the sponsor Board of 

Directors, unless there is written 

concurrence from the Advisory Council 

or community group established by the 

sponsor under subpart B of this part, 

and with notification to CNCS. 

■ 78. Revise § 2552.122 to read as 

follows: 

§ 2552.122 What legal coverage does 

CNCS make available to Foster 

Grandparents? 

It is within CNCS’ discretion to 

determine if Counsel is employed and 

counsel fees, court costs, bail and other 

expenses incidental to the defense of a 

FGP volunteer are paid in a criminal, 

civil or administrative proceeding, 

when such a proceeding arises directly 

out of performance of the volunteer’s 

activities. The circumstances under 

which CNCS may pay such expenses are 

specified in 45 CFR part 1220. 

PART 2553—THE RETIRED AND 

SENIOR VOLUNTEER PROGRAM 

■ 79. The authority citation for part 

2553 continues to read as follows: 

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

■ 80. Amend § 2553.12 as follows: 

■ a. Remove paragraphs (e), (j), (k), (n), 

(q), and (r). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definition of ‘‘Adequate 

staffing level’’. 

■ d. Add the definition of ‘‘Assignment 

description’’ in alphabetical order. 

■ e. Revise the definition of ‘‘Chief 

Executive Officer’’. 

■ f. Add the definition of ‘‘CNCS’’ in 

alphabetical order. 

■ g. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

■ h. Add the definitions of ‘‘Non-CNCS 

support (excess)’’ and ‘‘Non-CNCS 

support (match)’’ in alphabetical order. 

■ i. Revise the definitions of 

‘‘Performance measures’’ and ‘‘Project’’. 

■ j. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ k. Revise the definitions of ‘‘Sponsor’’ 

and ‘‘Service area’’. 

■ l. Add the definition of ‘‘United States 

and Territories’’ in alphabetical order. 

■ m. Revise the definition of ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2553.12 Definitions. 

* * * * * 

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 private, non-profit 

organizations, both secular and faithbased, in the United States that have 

authority to accept and the capability to 

administer an RSVP 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, the 

Commonwealth of the Northern Mariana 

Islands, and the 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 multipurpose centers, home health care 

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 81. Revise § 2553.21 to read as 

follows: 

§ 2553.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 

defined in section 421(5) of the Act, and 

private, non-profit organizations, both 

secular and faith-based, in the United 

States that have authority to accept and 


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the capability to administer an RSVP 

project. 

■ 82. Revise § 2553.22 to read as 

follows: 

§ 2553.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the RSVP project as specified in the Act. 

A sponsor shall not delegate or contract 

these overall management 

responsibilities to another entity. CNCS 

retains the right to determine what types 

of management responsibilities may or 

may not be contracted. 

■ 83. Amend § 2553.23 as follows: 

■ a. Revise the section heading, 

paragraph (b), and paragraph (c) 

introductory text. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (c)(2)(iii). 

■ c. Revise paragraph (c)(2)(iv). 

■ d. Add paragraph (c)(2)(v). 

■ e. Remove paragraph (c)(3). 

■ f. Revise paragraph (e). 

■ g. Remove paragraphs (f), (g), and (i). 

■ h. Redesignate paragraphs (h) and (j) 

as (f) and (g), respectively, and revise 

newly redesignated paragraph (g). The 

revisions and addition read as follows: 

§ 2553.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(b) In collaboration with other 

community organizations or by using 

existing assessments, assess the needs of 

the community or service area, and 

develop strategies to respond to 

identified needs using RSVP volunteers. 

(c) Develop and manage one or more 

volunteer stations to provide a wide 

range of placement opportunities that 

appeal to persons age 55 and over by: 

* * * * * 

(2) * * * 

(iv) That states the station will not 

discriminate against RSVP volunteers, 

service beneficiaries, or in the operation 

of its program on the basis of race, color, 

national origin including individuals 

with limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service; and 

(v) That states the station will provide 

for the safety of the RSVP volunteers 

assigned to the station. 

* * * * * 

(e) Encourage the most efficient and 

effective use of RSVP volunteers by 

coordinating project services and 

activities with related national, state 

and local programs, including other 

CNCS programs. 

* * * * * 

(g) Make every effort to meet such 

performance measures as established in 

the approved grant application. 

■ 84. Revise § 2553.24(a)(2) through (4) 

to read as follows: 

§ 2553.24 What are a sponsor’s 

responsibilities for securing community 

participation? 

(a) * * * 

(2) With an interest in the field of 

community service and volunteerism; 

(3) Capable of helping the sponsor 

satisfy its administrative and program 

responsibilities including fund-raising, 

publicity and meeting or exceeding 

performance measures; 

(4) With an interest in, and knowledge 

of, the range of abilities of older adults; 

and 

* * * * * 

■ 85. Amend § 2553.25 as follows: 

■ a. Revise paragraph (c). 

■ b. Revise paragraphs (e) through (i). 

The revisions read as follows: 

§ 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 parttime project director with CNCS when 

the sponsor can demonstrate that such 

an arrangement will not adversely affect 

the size, scope or quality of project 

operations. 

* * * * * 

(e) Compensate project staff at a level 

that is comparable to similar staff 

positions in the sponsor organization 

and/or project service area, as is 

practicable. 

(f) 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. 

(g) 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. 

(h) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

(i) Conduct National Service Criminal 

History Checks in accordance with the 

requirements in 45 CFR 2540.200 

through 2540.207. 

§ 2553.26 [Removed and Reserved] 

■ 86. Remove and reserve § 2553.26. 

■ 87. Revise § 2553.31(a)(3), (b), and (c) 

to read as follows; 

§ 2553.31 What are the rules on 

suspension, termination and denial of 

refunding of grants? 

(a) * * * 

(3) In any case where an application 

for refunding is denied for failure to 

comply with the terms and conditions 

of the grant, the recipient shall be 

afforded an opportunity for an informal 

hearing before an impartial hearing 

officer, who has been agreed to by the 

recipient and CNCS; and 

* * * * * 

(b) Hearings or other meetings as may 

be necessary to fulfill the requirements 

of this section should, to the extent 

practicable, be held in locations 

convenient to the grant recipient. 

(c) The procedures for suspension, 

termination, and denial of refunding, 

that apply to the RSVP program are 

specified in 45 CFR part 1206. 

■ 88. Amend § 2553.41 as follows: 

■ a. Revise the section heading. 

■ b. Add the word ‘‘and’’ at the end of 

paragraph (a)(2). 

■ c. Remove the semicolon at the end of 

paragraph (a)(3) and add a period in its 

place. 

■ d. Remove paragraph (a)(4). 

■ e. Revise paragraph (b). 

The revisions read as follows: 

§ 2553.41 Who is eligible to be an RSVP 

volunteer? 

* * * * * 

(b) Eligibility to serve as an RSVP 

volunteer shall not be restricted on the 

basis of formal education, experience, 

race, color, national origin including 

limited English proficiency, gender, age, 

religion, sexual orientation, disability, 

gender identity or expression, political 

affiliation, marital or parental status, or 

military service. 

■ 89. Revise § 2553.42 to read as 

follows: 

§ 2553.42 Is an RSVP volunteer a federal 

employee, an employee of the sponsor or 

of the volunteer station? 

RSVP volunteers are not employees of 

the sponsor, the volunteer station, CNCS 

or the Federal Government. 

■ 90. Revise § 2553.43 to read as 

follows: 


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§ 2553.43 What cost reimbursements and 

benefits may sponsors provide 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 

protection against claims in excess of 

the greater of either: 

(1) Liability insurance the volunteers 

carry on their own automobiles; or 

(2) The limits of applicable state 

financial responsibility law, or in its 

absence, levels of protection to be 

determined by CNCS for each person, 

each accident, and for property damage. 

(B) RSVP volunteers who drive their 

personal vehicles to or on assignments 

or project-related activities shall 

maintain personal automobile liability 

insurance equal to or exceeding the 

levels established by CNCS. 

■ 91. Revise § 2553.44 to read as 

follows: 

§ 2553.44 May cost reimbursements 

received by RSVP volunteers be subject to 

any tax or charge, treated as wages or 

compensation, or affect eligibility to receive 

assistance from other programs? 

No. An RSVP volunteer’s cost 

reimbursements are not subject to any 

tax or charge, and are not treated as 

wages or compensation for the purposes 

of unemployment insurance, workers’ 

compensation, temporary disability, 

retirement, public assistance or similar 

benefit payments or minimum wage 

laws. Cost reimbursements are not 

subject to garnishment, and do not 

reduce or eliminate the level of, or 

eligibility for, assistance or services that 

a volunteer may be receiving under any 

governmental program. 

■ 92. Revise § 2553.51 to read as 

follows: 

§ 2553.51 What are the terms of service of 

an RSVP volunteer? 

An RSVP volunteer shall serve on a 

regular basis, or intensively on shortterm assignments, consistent with the 

assignment description. 

■ 93. Revise § 2553.52 to read as 

follows: 

§ 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. 

■ 94. Revise § 2553.61 to read as 

follows: 

§ 2553.61 When may a sponsor serve as a 

volunteer station? 

The sponsor and RSVP project itself 

may function as a volunteer station or 

may initiate special volunteer activities 

provided that CNCS agrees these 

activities are in accord with program 

objectives and will not hinder overall 

project operations. 

■ 95. Amend § 2553.62 as follows: 

■ a. Revise paragraphs (b), (c), (e), and 

(f)(2) and (3). 

■ b. Remove paragraphs (f)(4) and (5). 

The revisions read as follows: 

§ 2553.62 What are the responsibilities of 

a volunteer station? 

* * * * * 

(b) Assign staff member responsible 

for day to day oversight of RSVP 

volunteers within the volunteer station 

and for assessing the impact of 

volunteers in addressing community 

needs; 

(c) Keep a Letter of Agreement for 

each client who receives in-home 

service; 

* * * * * 

(e) Comply with all applicable civil 

rights requirements including providing 

RSVP volunteers with disabilities 

reasonable accommodation to perform 

the essential functions of their service; 

(f) * * * 

(2) Resources required for 

performance of assignments including 

reasonable accommodation to RSVP 

volunteers with disabilities to perform 

the essential functions of their service; 

and 

(3) Supervision. 

* * * * * 

■ 96. Amend § 2553.71 as follows: 

■ a. Revise the introductory text and 

paragraphs (a)(1), (b)(1), (b)(2)(iv), (c)(2), 

(d), and (e). 

■ b. Remove paragraph (f). 

The revisions read as follows: 

§ 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 


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grant for a specified period that is 

usually three years in duration with an 

option for a grant renewal of three 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 three 

year period. 

■ 97. Revise § 2553.72(a), (b) 

introductory text, (c), and (d) to read as 

follows: 

§ 2553.72 What are project funding 

requirements? 

(a) Is non-CNCS support required? (1) 

A CNCS grant may be awarded to fund 

up to 90 percent of the total project cost 

in the first year, 80 percent in the 

second year, and 70 percent in the third 

and succeeding years. 

(2) A sponsor is responsible for 

identifying non-CNCS funds which may 

include in-kind contributions. 

(b) Under what circumstances does 

CNCS allow less than the percentage 

identified in paragraph (a) of this 

section? CNCS may allow exceptions to 

the local support requirement identified 

in paragraph (a) of this section in cases 

of demonstrated need such as: 

* * * * * 

(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the non-CNCS support 

required? Whenever locally generated 

contributions to RSVP projects are in 

excess of the non-CNCS funds required 

(10 percent of the total cost in the first 

year, 20 percent in the second year and 

30 percent in the third and succeeding 

years), CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and Non-Federal 

funds, including expenditures from 

excess locally generated contributions, 

are subject to audit by CNCS, its 

Inspector General or their authorized 

agents. 

■ 98. Amend § 2553.73 as follows: 

■ a. Revise the section heading. 

■ b. Remove the word ‘‘and’’ from the 

end of paragraph (a)(3). 

■ c. Revise paragraph (a)(4). 

■ d. Add paragraph (a)(5). 

■ e. Revise paragraphs (b), (e), and (f). 

The revisions and addition read as 

follows: 

§ 2553.73 What are a sponsor’s legal 

requirements in managing grants? 

* * * * * 

(a) * * * 

(4) All applicable CNCS policies; and 

(5) All other applicable CNCS 

requirements. 

(b) Project support provided under a 

CNCS grant shall be furnished at the 

lowest possible cost consistent with the 

effective operation of the project. 

* * * * * 

(e) Payments to settle discrimination 

complaints, either through a settlement 

agreement or formal adjudication, are 

not allowable costs. 

(f) Written CNCS approval/ 

concurrence is required for a change in 

the approved service area. 

■ 99. Revise the heading for subpart H 

to read as follows: 

Subpart H—Non-CNCS Funded 

Projects 

■ 100. Revise § 2553.81 to read as 

follows: 

§ 2553.81 Under what conditions may an 

agency or organization sponsor an RSVP 

project without CNCS funding? 

An eligible agency or organization 

who wishes to sponsor an RSVP project 

without CNCS funding must make an 

application through the designated 

grants management system which is 

approved by CNCS and documented 

through the Notice of Grant Agreement 

(NGA). 

■ 101. Amend § 2553.82 by revising the 

section heading and paragraph (a) to 

read as follows: 

§ 2553.82 What are the resources and 

benefits to which a non-CNCS funded 

project is entitled? 

(a) All technical assistance and 

materials provided to CNCS funded 

RSVP volunteer projects; and 

* * * * * 

■ 102. Revise § 2553.83 to read as 

follows: 

§ 2553.83 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

Issuance of an NGA to a sponsor of a 

non-CNCS funded project does not 

create a financial obligation on the part 

of CNCS for any costs associated with 

the project. 

■ 103. Revise § 2553.84 to read as 

follows: 

§ 2553.84 What happens if a non-CNCS 

funded sponsor does not comply with the 

NGA? 

A non-CNCS funded project sponsor’s 

noncompliance with the NGA may 

result in suspension or termination 

CNCS’ agreement and all benefits 

specified in § 2553.82. 

■ 104. In § 2553.91, revise the section 

heading and paragraphs (c)(2), (g), and 

(h) to read as follows: 

§ 2553.91 What legal limitations apply to 

the operation of the RSVP volunteer 

Program and to the expenditure of grant 

funds? 

* * * * * 

(c) * * * 

(2) This section does not prohibit a 

sponsor from soliciting and accepting 

voluntary contributions from the 

community at large to meet its local 

support obligations under the grant or 

from entering into agreements with 

parties other than beneficiaries to 

support additional volunteers beyond 

those supported by CNCS. 

* * * * * 

(g) Religious activities. (1) An RSVP 

volunteer or a member of the project 

staff funded by CNCS shall not give 

religious instruction, conduct worship 

services, or engage in any form of 

proselytization as part of his/her duties. 

(2) A sponsor or volunteer station may 

retain its independence and may 

continue to carry out its mission, 

including the definition, development, 

practice, and expression of its religious 

beliefs, provided that it does not use 

CNCS funds to support any inherently 

religious activities, such as worship, 

religious instruction, or proselytization, 

as part of the programs or services 

funded. If an organization conducts 

such activities, the activities must be 

offered separately, in time or location, 

from the programs or services funded 

under this part. 

(h) Nepotism. Persons selected for 

project staff positions shall not be 

related by blood or marriage to other 

project staff, sponsor staff or officers, or 

members of the sponsor Board of 

Directors, unless there is written 

concurrence from the Advisory Council 

or community group established by the 

sponsor under subpart B of this part, 

and with notification to CNCS. 

■ 105. Revise § 2553.92 to read as 

follows: 

§ 2553.92 What legal coverage does CNCS 

make available to RSVP volunteers? 

It is within CNCS’ discretion to 

determine if Counsel is employed and 

counsel fees, court costs, bail and other 

expenses incidental to the defense of an 

RSVP volunteer are paid in a criminal, 

civil or administrative proceeding, 

when such a proceeding arises directly 

out of performance of the volunteer’s 

activities. The circumstances under 

which CNCS may pay such expenses are 

specified in 45 CFR part 1220. 

§ 2553.100 [Removed] 

■ 106. Remove § 2553.100. 

■ 107. Revise § 2553.101 to read as 

follows: 


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64658 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 

§ 2553.101 What is the purpose of 

performance measurement? 

The purpose of performance 

measurement is to strengthen the RSVP 

project and foster continuous 

improvement. Performance measures 

are used to assess how an applicant for 

a grant approaches the design of 

volunteer activities and how those 

activities impact community needs. 

■ 108. Revise § 2553.102 to read as 

follows: 

§ 2553.102 What performance 

measurement information must be part of 

an application for funding under RSVP? 

An application to CNCS for funding 

under RSVP must contain: 

(a) In a year one renewal application: 

(1) Performance measures. 

(2) Estimated performance data for the 

project years covered by the application. 

(b) In a year two or three continuation 

application: 

(1) Performance measures. 

(2) Estimated performance data for the 

project years covered by the application. 

(3) Actual performance data, where 

available, for the preceding completed 

project year. 

■ 109. Revise § 2553.103 to read as 

follows: 

§ 2553.103 Who develops the performance 

measures? 

(a) CNCS may establish performance 

measures that will apply to RSVP 

projects, which sponsors will be 

responsible for meeting. 

(b) An applicant is responsible for 

choosing its own project specific 

performance measures. 

■ 110. Revise § 2553.104 to read as 

follows: 

§ 2553.104 What performance measures 

must be submitted to CNCS and how are 

these submitted? 

(a) An applicant for CNCS funds is 

required to submit any uniform 

performance measure CNCS may 

establish for all applicants. 

Requirements, including types of 

performance measures, will be 

communicated in the notice of funding 

and other related materials. 

(b) CNCS may specify additional 

requirements related to performance 

measures on an annual basis in program 

guidance and related materials. 

(c) Applicants for CNCS funds will 

submit performance measures through 

the grant application. CNCS will 

provide standard forms. 

■ 111. Revise § 2553.105 to read as 

follows: 

§ 2553.105 How are performance 

measures approved and documented? 

(a) CNCS reviews and approves 

performance measures for all applicants 

that apply for funding. 

(b) An applicant must follow CNCS 

provided guidance and formats when 

submitting performance measures. 

(c) Final performance measures, as 

negotiated between the applicant and 

CNCS, will be documented in the 

approved grant application. 

■ 112. Revise § 2553.106 to read as 

follows: 

§ 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. 

■ 113. Amend § 2553.107 by revising 

the introductory text to read as follows: 

§ 2553.107 What must a sponsor do if it 

cannot meet its performance measures? 

When a sponsor finds it is not on 

track to meet its performance measures, 

the sponsor must develop a plan to get 

back on track or submit a request to 

CNCS to amend its performance 

measures. CNCS may limit when 

amendments to performance measure 

can be submitted, as well as limit the 

types of changes a sponsor can make to 

performance measures. The request 

must include all of the following: 

* * * * * 

§ 2553.108 [Removed] 

■ 114. Remove § 2553.108. 

§ 2553.109 [Redesignated as § 2553.108 

and Amended] 

■ 115. Redesignate § 2553.109 as 

§ 2553.108 and revise newly 

redesignated § 2553.108 to read as 

follows: 

§ 2553.108 What happens if a sponsor fails 

to meet the target performance measures 

included in the approved grant application? 

If a sponsor fails to meet a target 

performance measure established in the 

approved grant application, CNCS may 

take one or more of the following 

actions: 

(a) Reduce the amount, suspend, or 

deny refunding of the grant, in 

accordance with the provisions of 

§ 2553.31; 

(b) Terminate the grant, in accordance 

with 45 CFR part 1206. 

Dated: December 4, 2018. 

Tim Noelker, 

General Counsel. 

[FR Doc. 2018–26739 Filed 12–14–18; 8:45 am] 

BILLING CODE 6050–28–P 


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