6740 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2551, 2552, and 2553 

RIN 3045–AA63 

Senior Corps: Senior Companion 

Program, Foster Grandparent Program, 

Retired and Senior Volunteer Program 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS) 

proposes changes to existing regulations 

under the Domestic Volunteer Service 

Act of 1973, as amended, for the 

following Senior Corps programs: Foster 

Grandparent Program (FGP), Senior 

Companion Program (SCP), and the 

Retired Senior Volunteer Program 

(RSVP). These amendments will 

increase flexibility in program 

administration while maintaining 

accountability at the local level, correct 

grammatical errors, update language 

that is currently used by CNCS, and 

streamline requirements for more 

effective administration of projects in 

local communities. 

DATES: To be sure your comments are 

considered, they must reach CNCS on or 

before April 16, 2018. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 

rulemaking website at 

www.regulations.gov. You may also 

send your comments electronically to 

SeniorCorpsRegs@cns.gov. Also, you 

may mail or deliver your comments to 

Jill Sears, Senior Corps, at the 

Corporation for National and 

Community Service, 250 E Street SW, 

Washington DC 20525. Due to 

continued delays in CNCS’s receipt of 

mail, we strongly encourage comments 

to be submitted online electronically. 

You may request this notice in an 

alternative format for the visually 

impaired. Members of the public may 

review copies of all communications 

received on this rulemaking at CNCS’s 

Washington, DC office. 

FOR FURTHER INFORMATION CONTACT: Jill 

Sears, Senior Corps, at the Corporation 

for National and Community Service, 

250 E Street SW, Washington, DC 

20525, phone 202–606–7577. The TDD/ 

TTY number is 800–833–3722. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Senior Service Corps 

known today as Senior Corps is 

comprised of three separate programs; 

the Senior Companion Program (SCP), 

the Foster Grandparent Program (FGP) 

and the Retired and Senior Volunteer 

Program (RSVP). 

The SCP engages low-income older 

adults to help their more frail peers 

remain independent in their homes. 

Senior Companions provide 

companionship and support to older 

adults in need of extra assistance to 

remain at home or in the community for 

as long as possible as well as provide 

respite for caregivers. Senior 

Companions receive a small stipend 

enabling them to participate without 

cost to themselves. 

The FGP engages low-income older 

adults in opportunities to provide oneto-one mentoring, nurturing, and 

support to children with special or 

exceptional needs, or who are in 

academic, social, or financial 

disadvantage. Foster Grandparents 

receive a small stipend enabling them to 

participate without cost to themselves. 

RSVP promotes the engagement of 

older persons as community resources 

in planning for community 

improvement and in delivery of 

volunteer services. RSVP matches the 

skills of older adults, who are willing to 

help with local organizations, with the 

identified needs of the community. 

The Older Americans Act of 1965 

initiated the pilot demonstration 

programs for the Foster Grandparent 

and Senior Companion programs, and in 

1969 an amendment to the Older 

Americans Act created the RSVP. 

In 1971, all three of the Senior Corps 

programs were transferred from the 

Administration on Aging to the former 

Federal agency, ACTION (the Federal 

Domestic Volunteer Agency). In 1973, 

Congress enacted the Domestic 

Volunteer Service Act of 1973 (DVSA), 

Senior Corps’ enabling legislation. 

Senior Corps continues to retain its 

purpose, as stated in the DVSA, ‘‘to 

provide opportunities for senior service 

to meet unmet local, State, and national 

needs in the areas of education, public 

safety, emergency and disaster 

preparedness, relief, and recovery, 

health and human needs, and the 

environment.’’ 

In 1994, the Corporation for National 

and Community Service (CNCS) was 

established pursuant to the National and 

Community Service Trust Act of 1993; 

at this time, the operations of all service 

programs previously administered by 

ACTION, including Senior Corps, began 

to be administered by CNCS. Since 

1994, Senior Corps continues to be 

primarily operated and administered 

under the DVSA. 

In 2009, Congress enacted the Edward 

M. Kennedy Serve America Act of 2009 

(Serve America Act), which contained 

certain amendments to both the DVSA 

and the NCSA. With regard to Senior 

Corps, the Serve America Act 

amendments largely related to initiating 

competition for the RSVP, decreasing 

the age limit for volunteers from 60 to 

55 and modifying the income eligibility 

requirements for SCP and FGP 

volunteers. 

II. Scope of Proposed Rule 

The proposed amendments include 

modifications to current program 

requirements and technical updates in 

the three Senior Corps programs, SCP, 

FGP and RSVP. For the SCP, changes 

are applicable to: Subpart A, General, 

which includes technical updates to 

definitions and the addition or 

subtraction of certain definitions, 

subpart B, Eligibility and Responsibility 

of a Sponsor, which includes 

modifications to specific administrative 

responsibilities and technical updates, 

subpart C, Suspension Termination and 

Denial of Refunding, which includes 

technical updates and clarifying 

language, subpart D, Senior Companion 

Eligibility, Status and Cost 

Reimbursements, which include 

technical updates, updating the income 

exclusion list to specify public benefits 

and disability benefits, removing the 

requirement for annual physicals and 

clarification of language to demonstrate 

which cost reimbursements are optional 

and which are required, subpart E, 

Senior Companion Terms of Service, 

which includes reducing the minimum 

hour requirement and establishing 

annual minimum and maximum hour 

requirements, and making technical 

updates, subpart F, Responsibilities of a 

Volunteer Station, which includes 

technical updates, subpart G, Senior 

Companion Placement and 

Assignments, which includes the 

addition of a new section that 

consolidates all regulations regarding 

Senior Companion Leaders, and 

technical updates, subpart I, 

Application and Fiscal Requirements, 

which includes technical updates, 

clarification of how applications are 

made to CNCS, and the removal of 

regulations for the direct benefit ration, 

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

includes consolidation of regulations 

and technical updates, subpart K, NonCorporation Funded SCP Projects, 

which includes technical updates, and 

subpart L, Restrictions and Legal 

Representation, which includes 

technical updates. 

For the FGP, changes are applicable 

to: Subpart A, General, which include 

technical updates to definitions and the 


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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6741 

addition or modification of certain 

definitions, subpart B, Eligibility and 

Responsibility of a Sponsor, which 

include modifications to specific 

administrative responsibilities and 

technical updates, subpart C, 

Suspension Termination and Denial of 

Refunding, which include technical 

updates, subpart D, Foster Grandparent 

Eligibility, Status and Cost 

Reimbursements, which include 

technical updates, updating the income 

exclusion list to specify public benefits 

and disability benefits, removing the 

requirement for annual physicals and 

clarification of language to demonstrate 

what cost reimbursements are optional 

and what are required, subpart E, Foster 

Grandparent Terms of Service, which 

include reducing the minimum hour 

requirement and establishing annual 

minimum and maximum hour 

requirements, and technical updates, 

subpart F, Responsibilities of a 

Volunteer Station, which include 

technical updates, subpart G, Foster 

Grandparent Placement and 

Assignments, which include technical 

updates, subpart H, Children Served, 

which include language updates, 

subpart I, Application and Fiscal 

Requirements, which include technical 

updates, clarification of how 

applications are made to CNCS, and the 

removal of regulations for the direct 

benefit ration, or ‘‘80/20 rule,’’ subpart 

J, Non-Stipended Foster Grandparents, 

which include consolidation of 

regulations and technical updates, 

subpart K, Non-Corporation Funded 

Foster Grandparent Program Projects, 

which include technical updates, and 

subpart L, Restrictions and Legal 

Representation, which include technical 

updates. 

For the RSVP, changes are applicable 

to: Subpart A, General, which include 

technical updates to definitions and the 

addition or modification of certain 

definitions, subpart B, Eligibility and 

Responsibility of a Sponsor, which 

include modifications to specific 

administrative responsibilities and 

technical updates, subpart C, 

Suspension Termination and Denial of 

Refunding, which include technical 

updates, subpart D, Eligibility, Cost 

Reimbursements and Volunteer 

Assignments, which include technical 

updates and clarification of language to 

demonstrate what cost reimbursements 

are optional and what are required, 

subpart E, Volunteer Terms of Service, 

which include technical updates, 

subpart F, Responsibilities of a 

Volunteer Station, which include the 

removal of a cap on volunteers used to 

assist with project administration and 

support as well as technical updates, 

subpart G, Application and Fiscal 

Requirements, which include technical 

updates, and the removal of regulations 

that were specific to the enactment of 

competition for RSVP in 2013, subpart 

H, Non-Corporation Funded Projects, 

which include technical updates, 

subpart I, Restrictions and Legal 

Representation, which include technical 

updates, subpart J, Performance 

Measurement, which include 

consolidation of this part as well as 

clarification of grantee responsibilities. 

III. Effective Date 

CNCS intends to make any final rule 

based on this proposal effective no 

sooner than 90 days after the final rule 

is published in the Federal Register. 

IV. Regulatory Procedures 

Executive Order 12866 

CNCS has determined that the 

proposed rule is not an ‘‘economically 

significant’’ rule within the meaning of 

E.O. 12866 because it is not likely to 

result in: (1) An annual effect on the 

economy of $100 million or more, or an 

adverse and material effect on a sector 

of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal government or communities; (2) 

the creation of a serious inconsistency 

or interference with an action taken or 

planned by another agency; (3) a 

material alteration in the budgetary 

impacts of entitlement, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or (4) 

the raising of novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in E.O. 12866. 

Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605 

(b)), CNCS certifies that this rule, if 

adopted, will not have a significant 

economic impact on a substantial 

number of small entities. This 

regulatory action will not result in (1) an 

annual effect on the economy of $100 

million or more; (2) a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; or (3) significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. Therefore, 

CNCS has not performed the initial 

regulatory flexibility analysis that is 

required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) for 

major rules that are expected to have 

such results. 

Unfunded Mandates 

For purposes of Title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any Federal 

mandate that may result in increased 

expenditures in either Federal, State, 

local, or tribal governments in the 

aggregate, or impose an annual burden 

exceeding $100 million on the private 

sector. 

Paperwork Reduction Act 

This proposed rule addresses the 

requirement that entities that wish to 

apply to be Senior Corps SCP, FGP, or 

RSVP sponsors complete an application. 

Consistent with this requirement are 

two documents: The FGP/SCP Grant 

Application and the RSVP Grant 

Application (http://www.national

service.gov/documents/senior-corps/ 

2015/2016-fgpscp-grant-applicationinstructions; http://www.national

service.gov/documents/senior-corps/ 

2015/rsvp-grant-applicationinstructions). 

This requirement constitutes one set 

of information under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 507 et 

seq. OMB, in accordance with the 

Paperwork Reduction Act, has 

previously approved these information 

collections for use. The OMB Control 

Number for both the FGP/SCP Grant 

Application and the RSVP Grant 

Application is 3045–0035. 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information displays valid control 

numbers. This proposed rule’s 

collections of information are contained 

in 45 CFR part 2551, subparts B, D, F, 

G, and I, part 2552, subpart B, D, F, G, 

and I, and part 2553, subparts B, D, F, 

G, and I for the FGP/SCP Grant 

Application and the RSVP Grant 

Application, respectively. 

This information is necessary to 

ensure that only eligible and qualified 

entities serve as Senior Corps sponsors. 

This information is also necessary to 

ensure that only eligible and suitable 

individuals are approved by the Senior 

Corps SCP, FGP, or RSVP programs to 

serve as volunteers in the SCP, FGP, or 

RSVP programs. 

The likely respondents to these 

collections of information are entities 

interested in or seeking to become 

Senior Corps SCP, FGP or RSVP 

sponsors and current sponsors. 


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6742 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 

Executive Order 13132, Federalism 

Executive Order 13132, Federalism, 

prohibits an agency from publishing any 

rule that has Federalism implications if 

the rule imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. The 

proposed rule does not have any 

Federalism implications, as described 

above. 

List of Subjects 

45 CFR Part 2551 

Aged, Grant programs—social 

programs, Volunteers. 

45 CFR Part 2552 

Aged, Grant programs—social 

programs, Volunteers. 

45 CFR Part 2553 

Aged, Grant programs—social 

programs, Volunteers. 

For the reasons discussed in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service 

proposes to amend chapter XXV, title 45 

of the Code of Federal Regulations as 

follows: 

PART 2551—SENIOR COMPANION 

PROGRAM 

■ 1. The authority citation for part 2551 

continues to read as follows: 

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

U.S.C. 12651b–12651d; E.O. 13331, 69 FR 

9911. 

■ 2. Amend § 2551.12 as follows: 

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

(t), and (u). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definitions of ‘‘Adequate 

staffing level’’ and ‘‘Chief Executive 

Officer’’. 

■ d. Add the definition of ‘‘CNCS’’. 

■ e. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

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

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

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

in alphabetical order. 

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

■ h. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ i. Revise the definitions of ‘‘Service 

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

■ j. Add the definition of ‘‘United States 

and Territories’’ in alphabetical order. 

■ k. Revise the definitions of ‘‘Volunteer 

assignment plan’’ and ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2551.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full time equivalent 

needed by a sponsor to manage the 

National Senior Service Corps (NSSC) 

project operations considering such 

factors as: Number of budgeted 

Volunteer Service Years (VSYs), number 

of volunteer stations, and the size of the 

service area. 

* * * * * 

Chief Executive Officer. The Chief 

Executive Officer of CNCS appointed 

under the National and Community 

Service Act of 1990, as amended, 

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

CNCS. The Corporation for National 

and Community Service established 

under the NCSA. 

Cost reimbursements. 

Reimbursements budgeted as Volunteer 

Expenses and provided to volunteers, 

including stipends to cover incidental 

costs, transportation, meals, recognition, 

supplemental accident, personal 

liability and excess automobile liability 

insurance and other expenses as 

negotiated in the Memorandum of 

Understanding. 

* * * * * 

Letter of Agreement. A written 

agreement between a volunteer station 

or sponsor, and person(s) served or the 

person legally responsible for that 

person. It authorizes the assignment of 

an SCP volunteer in the home of a 

client, defines SCP volunteer activities, 

and specifies supervision arrangements. 

* * * * * 

National Senior Service Corps 

(NSSC). The collective name for the 

Senior Companion Program (SCP), the 

Foster Grandparent Program (FGP), the 

Retired and Senior Volunteer Program 

(RSVP), and, and Demonstration 

Programs, all of which are established 

under Parts A, B, C, and E, Title II of 

the Act. NSSC is also referred to as the 

‘‘Senior Corps’’. 

Non-CNCS support (excess). The 

amount of non-CNCS cash and in-kind 

contributions generated by a sponsor in 

excess of the required percentage. 

Non-CNCS support (match). The 

percentage share of non-CNCS cash and 

in-kind contributions required to be 

raised by the sponsor in support of the 

grant. 

Performance measures. Indicators that 

help determine the impact of an SCP 

project on the community and clients 

served, including the volunteers. 

Project. The locally planned SCP 

activity or set of activities in a service 

area as approved by CNCS and 

implemented by the sponsor. 

Proprietary Health Care 

Organizations. Private, for-profit health 

care organization that serves one or 

more vulnerable populations. 

Service area. The geographically 

defined area(s) in which Senior 

Companions are enrolled and placed on 

assignments. 

* * * * * 

Sponsor. A public agency, including 

Indian tribes as defined in section 421 

(5) of the Act, and non-profit private 

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

authority to accept and the capability to 

administer a Senior Companion project. 

Stipend. A payment to Senior 

Companions to enable them to serve 

without cost to themselves. The 

minimum amount of the stipend is set 

by CNCS in accordance with federal 

law. 

United States and Territories. Each of 

the several States, the District of 

Columbia, the U.S. Virgin Islands, the 

Commonwealth of Puerto Rico, Guam 

and American Samoa, and Trust 

Territories of the Pacific Islands. 

Volunteer assignment plan. A written 

description of a Senior Companion’s 

assignment with a client. The plan 

identifies specific outcomes for the 

client served and the activities of the 

Senior Companion. 

Volunteer station. A public agency; a 

private non-profit organization, secular 

or faith-based; or a proprietary health 

care organization. A volunteer station 

must accept responsibility for the 

assignment and supervision of Senior 

Companions in health, education, social 

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

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 3. Revise § 2551.21 to read as follows: 

§ 2551.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 

defined in section 421 (5) of the Act, 

and non-profit private organizations, 

both secular and faith-based, in the 

United States that have authority to 

accept and the capability to administer 

a Senior Companion project. 

■ 4. Revise § 2551.22 to read as follows: 


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§ 2551.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the Senior Companion Program as 

specified in the Act. A sponsor shall not 

delegate or contract these overall 

management responsibilities to another 

entity. CNCS retains the right to 

determine what types of management 

responsibilities may or may not be 

contracted. 

■ 5. Amend § 2551.23 as follows: 

■ a. Revise the section heading and 

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

text. 

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

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

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

(g). 

■ d. Remove paragraphs (i) and (j); 

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

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

newly redesignated paragraphs (i) and 

(j). 

■ f. Add new paragraphs (k) and (l). 

The revisions and additions read as 

follows: 

§ 2551.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(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. Remove paragraph (e). 

■ c. Redesignate paragraphs (f) through 

(h) as (e) through (g) and revise newly 

redesignated paragraphs (e) through (g). 

The revisions read as follows. 

§ 2551.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ a full-time project director 

to accomplish project objectives and 

manage the functions and activities 

delegate to project staff for Senior Corps 

project(s) within its control. The project 

director may participate in activities to 

coordinate project resources with those 

of related local agencies, boards or 

organizations. A full-time project 

director shall not serve concurrently in 

another capacity, paid or unpaid, during 

established working hours. A sponsor 

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

the sponsor can demonstrate that such 

an arrangement will not adversely affect 

the size, scope, or quality of project 

operations. 

* * * * * 

(e) Establish risk management policies 

and procedures covering Senior 

Companion project activities. This 

includes provision of appropriate 

insurance coverage for Senior 

Companions, which includes; accident 

insurance, personal liability insurance, 

and excess automobile liability 

insurance. 

(f) Establish record keeping and 

reporting systems in compliance with 

CNCS requirements that ensure quality 

of program and fiscal operations, 

facilitate timely and accurate 

submission of required reports and 

cooperate with CNCS evaluation and 

data collection efforts. 

(g) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

§ 2551.33 [Removed and Reserved] 

■ 8. Remove and reserve § 2551.33. 

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

read as follows: 

§ 2551.34 What are the rules on 

suspension, termination, and denial of 

refunding of grants? 

(a) * * * 

(3) In any case where an application 

for refunding is denied for failure to 

comply with the terms and conditions 

of the grant, the recipient shall be 

afforded an opportunity for an informal 

hearing before an impartial hearing 

officer, who has been agreed to by the 

recipient and CNCS; and 

* * * * * 

(b) Hearings or other meetings as may 

be necessary to fulfill the requirements 

of this section should, to the extent 

practicable, be held in locations 

convenient to the recipient agency. 

* * * * * 

■ 10. Amend § 2551.41 as follows: 

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

paragraph (a)(1). 

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

■ c. Redesignate paragraph (a)(4) as 

(a)(2). 

■ d. Revise paragraph (b). 

The revision reads as follows: 

§ 2551.41 Who is eligible to be a Senior 

Companion? 

* * * * * 

(b) Eligibility to serve as a Senior 

Companion shall not be restricted on 

the basis of formal education, 

experience, race, color, national origin 


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6744 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 

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) and (3). 

■ b. Remove the period at the end of 

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

its place. 

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

The revisions and additions read as 

follows: 

§ 2551.44 What is considered income for 

determining volunteer eligibility? 

(a) * * * 

(1) Money, wages, and salaries before 

any deduction; 

* * * * * 

(3) Social Security, Unemployment or 

Workers Compensation, strike benefits, 

training stipends, alimony, and military 

family allotments, or other regular 

support from an absent family member 

or someone not living in the household; 

* * * * * 

(b) * * * 

(3) Regular payments for public 

assistance, including Supplemental 

Nutrition Assistance Program (SNAP); 

(4) Social Security Disability or any 

type of disability payment; and 

(5) Food or rent received in lieu of 

wages. 

■ 13. Revise § 2551.45 to read as 

follows: 

§ 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 (g) as (f) and revise 

newly redesignated paragraph (f). 

The revisions read as follows: 

§ 2551.46 What cost reimbursements and 

benefits are provided to Senior 

Companions? 

Cost reimbursements and benefits 

include: 

(a) Stipend. The stipend is paid for 

the time Senior Companions spend with 

their assigned client, for earned leave, 

and for attendance at official project 

events. 

(b) Insurance. A Senior Companion is 

provided with the CNCS specified 

minimum levels of insurance as follows: 

(1) Accident insurance. Accident 

insurance covers Senior Companions for 

personal injury during travel between 

their homes and places of assignment, 

during their service, during meal 

periods while serving as a Senior 

Companion, and while attending 

project-sponsored activities. Protection 

shall be provided against claims in 

excess of any benefits or services for 

medical care or treatment available to 

the Senior Companion from other 

sources. 

(2) Personal liability insurance. 

Protection is provided against claims in 

excess of protection provided by other 

insurance. Such protection does not 

include professional liability coverage. 

(3) * * * 

(i) * * * 

(A) Liability insurance Senior 

Companions carry on their own 

automobiles; or 

(B) The limits of applicable state 

financial responsibility law, or in its 

absence, levels of protection to be 

determined by CNCS for each person, 

each accident, and for property damage. 

(ii) Senior Companions who drive 

their personal vehicles to, or on, 

assignments or project-related activities, 

shall maintain personal automobile 

liability insurance equal to or exceeding 

the levels established by CNCS. 

(c) Transportation. Senior 

Companions shall receive assistance 

with the cost of transportation to and 

from, assignments and official project 

activities, including orientation, 

training, and recognition events. 

(d) Meals. Senior Companions may be 

provided assistance with the cost of 

meals taken while on assignment, 

within limits of the project’s available 

resources. 

(e) Recognition. Senior Companion 

volunteers shall be provided recognition 

for their service. 

(f) Other volunteer expenses. Senior 

Companions may also be reimbursed for 

allowable out-of-pocket expenses 

incurred while performing their 

assignments. 

■ 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. 

■ 17. Revise § 2551.52(c) to read as 

follows: 

§ 2551.52 What factors are considered in 

determining a Senior Companion’s service 

schedule? 

* * * * * 

(c) Meal time may be part of the 

service schedule and is stipended. 

■ 18. Revise § 2551.53 to read as 

follows: 

§ 2551.53 Under what circumstances may 

a Senior Companion be removed from 

service? 

(a) A sponsor may remove a Senior 

Companion from service for cause. 

Grounds for removal include, but are 

not limited to: Extensive and 

unauthorized absences; misconduct; 

failure to perform assignments or failure 

to accept supervision. A Senior 

Companion may also be removed from 

stipended service for having income in 

excess of the eligibility level. A Senior 

Companion shall be removed 

immediately if ineligible to serve based 

on criminal history check results. 

(b) The sponsor shall establish 

appropriate policies on removal from 

service, as well as procedures for 

appeal. 

■ 19. Revise § 2551.61 to read as 

follows: 


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§ 2551.61 May a sponsor serve as a 

volunteer station? 

Yes. A sponsor may serve as a 

volunteer station, if the activities are 

part of a work plan in the approved 

project application. 

■ 20. Amend § 2551.62 as follows: 

■ a. Revise paragraphs (c) and (d). 

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

paragraph (e)(1). 

■ c. Revise paragraph (e)(2). 

■ d. Remove paragraph (e)(3). 

■ e. Revise paragraphs (i) and (j). 

The revisions read as follows: 

§ 2551.62 What are the responsibilities of 

a volunteer station? 

* * * * * 

(c) Develop a written volunteer 

assignment plan for each Senior 

Companion that identifies their roles 

and activities, each client served, and 

expected outcomes. 

(d) Keep a Letter of Agreement for 

each client who receives in-home 

service. 

(e) * * * 

(2) Resources required for 

performance of assignments, including 

reasonable accommodation, as needed, 

to enable Senior Companions with 

disabilities to perform the essential 

functions of their service. 

* * * * * 

(i) Comply with all applicable civil 

rights laws and regulations, including 

providing Senior Companions with 

disabilities reasonable accommodation, 

to perform the essential functions of 

their service. 

(j) Undertake such other 

responsibilities as may be necessary for 

the successful performance of Senior 

Companions in their assignments or as 

agreed to in the Memorandum of 

Understanding. 

§ 2551.71 [Amended] 

■ 21. Amend § 2551.71 by removing 

paragraph (b) and redesignating 

paragraph (c) as (b). 

■ 22. Amend § 2551.72 as follows: 

■ a. Revise the section heading and 

paragraph (a)(5). 

■ b. Remove and reserve paragraph (b). 

■ c. Remove paragraph (c). 

The revisions read as follows: 

§ 2551.72 Is a written volunteer 

assignment plan required for each Senior 

Companion? 

(a) * * * 

(5) Is used to review the impact of the 

assignment on the client(s). 

* * * * * 

■ 23. Add § 2551.73 to read as follows: 

§ 2551.73 May a Senior Companion serve 

as a volunteer leader? 

Yes. Senior Companions—who on the 

basis of experience as volunteers, 

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 return an 

application that is not approved for 

funding to the applicant with an 

explanation of CNCS’ decision. 

(d) For what period of time does 

CNCS award a grant? CNCS awards a 

Senior Companion grant for a specified 

period that is usually 12 months in 

duration. 

■ 25. Amend § 2551.92 as follows: 

■ a. Revise paragraphs (a), (b) 

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

■ b. Remove paragraph (e). 

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

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 2551.92 What are project funding 

requirements? 

(a) Is non-CNCS support required? A 

CNCS grant may be awarded to fund up 

to 90 percent of the cost of development 

and operation of a Senior Companion 

project. The sponsor is required to 

contribute at least 10 percent of the total 

project cost from non-Federal sources or 

authorized Federal sources. 

(b) Under what circumstances does 

CNCS allow less than the 10 percent 

non-CNCS support? CNCS may allow 

exceptions to the 10 percent local 

support requirement in cases of 

demonstrated need such as: 

* * * * * 

(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the 10 percent non-CNCS 

support required? Whenever locally 

generated contributions to Senior 

Companion projects are in excess of the 

minimum 10 percent non-CNCS support 

required, CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and non-Federal 

funds, including expenditures from 

excess locally generated contributions 

in support of the grant, are subject to 

audit by CNCS, its Inspector General, or 

their authorized agents. 

(e) May a sponsor pay stipends at 

rates different than those established by 

CNCS? No, a sponsor shall pay stipends 

at rates established by CNCS. 

■ 26. Amend § 2551.93 as follows: 

■ a. Revise the section heading. 

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

end of paragraph (a)(3). 

■ c. Revise paragraph (a)(4). 


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■ 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 benefits are a non-CNCS 

funded project entitled to? 

The Notice of Grant Award entitles 

the sponsor of a Non-CNCS funded 

project to: 

(a) All technical assistance and 

materials provided to CNCS funded 

Senior Companion projects; and 

* * * * * 

■ 34. Revise § 2551.113 to read as 

follows: 

§ 2551.113 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

Issuance of an NGA to a sponsor of a 

non-CNCS funded project does not 

create a financial obligation on the part 

of CNCS for any costs associated with 

the project. 

■ 35. Revise § 2551.114 to read as 

follows: 

§ 2551.114 What happens if a non-CNCS 

funded sponsor does not comply with the 

NGA? 

A non-CNCS funded project sponsor’s 

noncompliance with the NGA may 

result in suspension or termination 

CNCS’ agreement and all benefits 

specified in § 2551.112. 

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

(h) to read as follows: 

§ 2551.121 What legal limitations apply to 

the operation of the Senior Companion 

Program and to the expenditure of grant 

funds? 

* * * * * 

(c) * * * 

(2) This section does not prohibit a 

sponsor from soliciting and accepting 

voluntary contributions from the 

community at large to meet its local 

support obligations under the grant or 

from entering into agreements with 

parties other than beneficiaries to 

support additional volunteers beyond 

those supported by CNCS. 

* * * * * 

(g) Religious activities. (1) A Senior 

Companion or a member of the project 

staff funded by CNCS shall not give 

religious instruction, conduct worship 

services, or engage in any form of 

proselytization as part of his/her duties. 

(2) A sponsor or volunteer station may 

retain its independence and may 

continue to carry out its mission, 

including the definition, development, 

practice, and expression of its religious 

beliefs, provided that it does not use 

CNCS funds to support any inherently 

religious activities, such as worship, 

religious instruction, or proselytization, 

as part of the programs or services 

funded. If an organization conducts 

such activities, the activities must be 

offered separately, in time or location, 

from the programs or services funded 

under this part. 

(h) Nepotism. Persons selected for 

project staff positions shall not be 

related by blood or marriage to other 

project staff, sponsor staff or officers, or 

members of the sponsor Board of 

Directors, unless there is written 

concurrence from the Advisory Council 

or community group established by the 

sponsor under subpart B of this part, 

and with notification to CNCS. 

■ 37. Revise § 2551.122 to read as 

follows: 

§ 2551.122 What legal coverage does 

CNCS make available to Senior 

Companions? 

It is within CNCS’s discretion to 

determine if Counsel is employed and 

counsel fees, court costs, bail and other 

expenses incidental to the defense of a 

SCP volunteer are paid in a criminal, 

civil or administrative proceeding, 

when such a proceeding arises directly 

out of performance of the volunteer’s 

activities. The circumstances under 

which CNCS may pay such expenses are 

specified in 45 CFR part 1220. 

PART 2552—FOSTER GRANDPARENT 

PROGRAM 

■ 38. The authority citation for part 

2552 continues to read as follows: 

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

U.S.C. 12651b–12651d; E.O. 13331, 69 FR 

9911. 


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■ 39. Revise § 2552.11 to read as 

follows: 

§ 2552.11 What is the Foster Grandparent 

Program? 

The Foster Grandparent Program 

provides grants to qualified agencies 

and organizations for the dual purpose 

of engaging persons 55 and older, 

particularly those with limited incomes, 

in volunteer service to meet critical 

community needs; and to provide a high 

quality experience that will enrich the 

lives of the volunteers. Program funds 

are used to support Foster Grandparents 

in providing supportive, person to 

person service to children with special 

and or exceptional needs, or in 

circumstances that limit their academic, 

social or emotional development. 

■ 40. Amend § 2552.12 as follows: 

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

(w), and (x). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definitions of ‘‘Adequate 

staffing level’’, ‘‘Chief Executive 

Officer’’, and ‘‘Children having 

exceptional needs’’. 

■ d. Add the definition of ‘‘CNCS’’. 

■ e. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

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

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

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

in alphabetical order. 

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

■ h. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ i. Revise the definitions of ‘‘Service 

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

■ j. Add the definition of ‘‘United States 

and Territories’’ in alphabetical order. 

■ k. Revise the definitions of ‘‘Volunteer 

assignment plan’’ and ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2552.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full time equivalent 

needed by a sponsor to manage the 

National Senior Service Corps (NSSC) 

project operations considering such 

factors as: number of budgeted 

Volunteer Service Years (VSYs), number 

of volunteer stations, and the size of the 

service area. 

* * * * * 

Chief Executive Officer. The Chief 

Executive Officer of CNCS appointed 

under the National and Community 

Service Act of 1990, as amended, 

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

* * * * * 

Children having exceptional needs. 

Children who have a developmental 

disability, such as those who have 

autism, intellectual disability, cerebral 

palsy or epilepsy, a visual impairment, 

speech impairment, hearing 

impairment, or orthopedic impairment, 

an emotional or behavioral disorder, a 

language disorder, a specific learning 

disability, multiple disabilities, other 

significant health impairments, or have 

literacy, math or other educational 

assistance needs. Before a Foster 

Grandparent is assigned to the child, 

existence of a child’s exceptional need 

shall be verified by an appropriate 

professional, such as a physician, 

psychiatrist, psychologist, including 

school psychologists, registered nurse or 

licensed practical nurse, speech 

therapist, licensed clinical social 

worker, or educator. 

* * * * * 

CNCS. The Corporation for National 

and Community Service established 

under the NCSA. 

Cost reimbursements. 

Reimbursements budgeted as Volunteer 

Expenses and provided to volunteers, 

including stipends to cover incidental 

costs, transportation, meals, recognition, 

supplemental accident, personal 

liability and excess automobile liability 

insurance, and other expenses as 

negotiated in the Memorandum of 

Understanding. 

* * * * * 

Letter of Agreement. A written 

agreement between a volunteer station 

or sponsor, and person(s) served or the 

person legally responsible for that 

person. It authorizes the assignment of 

an FGP volunteer in the home of a 

client, defines FGP volunteer activities, 

and specifies supervision arrangements. 

* * * * * 

National Senior Service Corps 

(NSSC). The collective name for the 

Senior Companion Program (SCP), the 

Foster Grandparent Program (FGP), the 

Retired and Senior Volunteer Program 

(RSVP), and Demonstration Programs, 

all of which are established under Parts 

A, B, C, and E, Title II of the Act. NSSC 

is also referred to as the ‘‘Senior Corps’’. 

Non-CNCS support (excess). The 

amount of non-Federal cash and in-kind 

contributions generated by a sponsor in 

excess of the required percentage. 

Non-CNCS support (match). The 

percentage share of non-CNCS cash and 

in-kind contributions required to be 

raised by the sponsor in support of the 

grant. 

* * * * * 

Performance measures. Indicators that 

help determine the impact of an FGP 

project on the community and clients 

served, including the volunteers. 

Project. The locally planned FGP 

activity or set of activities in a service 

area as approved by CNCS and 

implemented by the sponsor. 

Proprietary Health Care 

Organizations. Private, for-profit health 

care organization that serves one or 

more vulnerable populations. 

Service area. The geographically 

defined area(s) in which Foster 

Grandparents are enrolled and placed 

on assignments. 

* * * * * 

Sponsor. A public agency, including 

Indian tribes as defined in section 421 

(5) of the Act, and non-profit private 

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

authority to accept and the capability to 

administer a Foster Grandparent project. 

Stipend. A payment to Foster 

Grandparents to enable them to serve 

without cost to themselves. The 

minimum amount of the stipend is set 

by CNCS in accordance with federal 

law. 

United States and Territories. Each of 

the several States, the District of 

Columbia, the U.S. Virgin Islands, the 

Commonwealth of Puerto Rico, Guam 

and American Samoa, and Trust 

Territories of the Pacific Islands. 

Volunteer assignment plan. A written 

description of a Foster Grandparent’s 

assignment with a child. The plan 

identifies specific outcomes for the 

child served and the activities of the 

Foster Grandparent. 

Volunteer station. A public agency; a 

private non-profit organization, secular 

or faith-based; or a proprietary health 

care organization. A volunteer station 

must accept responsibility for the 

assignment and supervision of Foster 

Grandparents in health, education, 

social service or related settings such as 

multi-purpose centers, home health care 

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 41. Revise § 2552.21 to read as 

follows: 

§ 2552.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 

defined in section 421 (5) of the Act, 

and non-profit private organizations, 

both secular and faith-based, in the 

United States that have authority to 

accept and the capability to administer 

a Foster Grandparent project. 


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■ 42. Revise § 2552.22 to read as 

follows: 

§ 2552.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the Foster Grandparent Program as 

specified in the Act. A sponsor shall not 

delegate or contract these overall 

management responsibilities to another 

entity. CNCS retains the right to 

determine what types of management 

responsibilities may or may not be 

contracted. 

■ 43. Amend § 2552.23 as follows: 

■ a. Revise the section heading and 

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

text. 

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

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

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

(g). 

■ d. Remove paragraphs (i) and (j). 

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

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

newly redesignated paragraphs (i) and 

(j). 

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

The revisions and additions read as 

follows: 

§ 2552.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(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. Remove paragraph (e). 

■ c. Redesignate paragraphs (f) through 

(h) as (e) through (g) and revise newly 

redesignated paragraphs (e) through (g). 

The revisions read as follows: 

§ 2552.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ a full-time project director 

to accomplish project objectives and 

manage the functions and activities 

delegate to project staff for Senior Corps 

project(s) within its control. The project 

director may participate in activities to 

coordinate project resources with those 

of related local agencies, boards or 

organizations. A full-time project 

director shall not serve concurrently in 

another capacity, paid or unpaid, during 

established working hours. A sponsor 

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

the sponsor can demonstrate that such 

an arrangement will not adversely affect 

the size, scope or quality of project 

operations. 

* * * * * 

(e) Establish risk management policies 

and procedures covering Foster 

Grandparent project activities. This 

includes provision of appropriate 

insurance coverage for Foster 

Grandparents, which includes; accident 

insurance, personal liability insurance, 

and excess automobile liability 

insurance. 

(f) Establish record keeping and 

reporting systems in compliance with 

CNCS requirements that ensure quality 

of program and fiscal operations, 

facilitate timely and accurate 

submission of required reports and 

cooperate with CNCS evaluation and 

data collection efforts. 

(g) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

§ 2552.33 [Removed and Reserved] 

■ 46. Remove and reserve § 2552.33. 

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

read as follows: 

§ 2552.34 What are the rules on 

suspension, termination, and denial of 

refunding of grants? 

(a) * * * 

(3) In any case where an application 

for refunding is denied for failure to 

comply with the terms and conditions 

of the grant, the recipient shall be 

afforded an opportunity for an informal 

hearing before an impartial hearing 

officer, who has been agreed to by the 

recipient and CNCS; and 

* * * * * 

(b) Hearings or other meetings as may 

be necessary to fulfill the requirements 

of this section should, to the extent 

practicable, be held in locations 

convenient to the recipient agency. 

* * * * * 

■ 48. Revise the heading for subpart D 

to read as follows: 

Subpart D—Foster Grandparent 

Eligibility, Status, Cost 

Reimbursements and Benefits 

■ 49. Amend § 2552.41 as follows: 

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

paragraph (a)(1). 

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


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■ c. Redesignate paragraph (a)(4) as 

(a)(2) and revise newly redesignated 

paragraph (a)(2). 

■ d. Revise paragraph (b). 

The revision reads as follows: 

§ 2552.41 Who is eligible to be a Foster 

Grandparent? 

(a) * * * 

(2) In order to receive a stipend, have 

an income that is within the income 

eligibility guidelines specified in this 

subpart. 

(b) Eligibility to serve as a Foster 

Grandparent shall not be restricted on 

the basis of formal education, 

experience, race, color, national origin 

including limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service. 

■ 50. Revise § 2552.43(b) to read as 

follows: 

§ 2552.43 What income guidelines govern 

eligibility to serve as a stipended Foster 

Grandparent? 

* * * * * 

(b) For applicants to become 

stipended Foster Grandparents, annual 

income is projected for the following 12 

months, based on income at the time of 

application. For serving stipended 

Foster Grandparents, annual income is 

counted for the past 12 months. Annual 

income includes the applicant or 

enrollee’s income and that of his/her 

spouse, if the spouse lives in the same 

residence. 

* * * * * 

■ 51. Amend § 2552.44 by revising 

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

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

follows: 

§ 2552.44 What is considered income for 

determining volunteer eligibility? 

(a) * * * 

(1) Money, wages, and salaries before 

any deduction; 

* * * * * 

(3) Social Security, Unemployment or 

Workers Compensation, strike benefits, 

training stipends, alimony, and military 

family allotments, or other regular 

support from an absent family member 

or someone not living in the household; 

* * * * * 

(b) * * * 

(3) Regular payments for public 

assistance including the Supplemental 

Nutrition Assistance Program (SNAP); 

(4) Social Security Disability or any 

type of disability payment; and 

(5) Food or rent received in lieu of 

wages. 

■ 52. Revise § 2552.45 to read as 

follows: 

§ 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) to read as 

follows: 

§ 2552.46 What cost reimbursements and 

benefits are provided to Foster 

Grandparents? 

Cost reimbursements and benefits 

include: 

(a) Stipend. The stipend is paid for 

the time Foster Grandparents spend 

with their assigned children, for earned 

leave, and for attendance at official 

project events. 

(b) Insurance. A Foster Grandparent is 

provided with the CNCS specified 

minimum levels of insurance as follows: 

(1) Accident insurance. Accident 

insurance covers Foster Grandparents 

for personal injury during travel 

between their homes and places of 

assignment, during their service, during 

meal periods while serving as a Foster 

Grandparent, and while attending 

project-sponsored activities. Protection 

shall be provided against claims in 

excess of any benefits or services for 

medical care or treatment available to 

the Foster Grandparent from other 

sources. 

(2) Personal liability insurance. 

Protection is provided against claims in 

excess of protection provided by other 

insurance. Such protection does not 

include professional liability coverage. 

(3) * * * 

(i) * * * 

(A) Liability insurance Foster 

Grandparents carry on their own 

automobiles; or 

(B) The limits of applicable state 

financial responsibility law, or in its 

absence, levels of protection to be 

determined by CNCS for each person, 

each accident, and for property damage. 

(ii) Foster Grandparents who drive 

their personal vehicles to, or on, 

assignments or project-related activities, 

shall maintain personal automobile 

liability insurance equal to or exceeding 

the levels established by CNCS. 

(c) Transportation. Foster 

Grandparents shall receive assistance 

with the cost of transportation to and 

from, assignments and official project 

activities, including orientation, 

training, and recognition events. 

(d) Meals. Foster Grandparents may 

be provided assistance with the cost of 

meals taken while on assignment, 

within limits of the project’s available 

resources. 

(e) Recognition. Foster Grandparent 

volunteers shall be provided recognition 

for their service. 

(f) Other volunteer expenses. Foster 

Grandparents may also be reimbursed 

for allowable out-of-pocket expenses 

incurred while performing their 

assignments 

■ 54. Revise § 2552.47 to read as 

follows: 

§ 2552.47 May the cost reimbursements 

and benefits received by a Foster 

Grandparent be subject to any tax or 

charge, be treated as wages or 

compensation, or affect eligibility to receive 

assistance from other programs? 

No. Foster Grandparent’s cost 

reimbursements and benefits are not 

subject to any tax or charge or treated 

as wages or compensation for the 

purposes of unemployment insurance, 

worker’s compensation, temporary 

disability, retirement, public assistance, 

or similar benefit payments or minimum 

wage laws. Cost reimbursements and 

benefits are not subject to garnishment 

and do not reduce or eliminate the level 

of, or eligibility for, assistance or 

services a Foster Grandparent may be 

receiving under any governmental 

program. 

■ 55. Revise § 2552.51 to read as 

follows: 

§ 2552.51 What are the terms of service of 

a Foster Grandparent? 

A Foster Grandparent shall serve a 

minimum of 260 hours annually, or a 

minimum of 5 hours per week. A Senior 

Companion may serve a maximum of 

2080 hours annually, or a maximum of 

40 hours per week. 

■ 56. Revise § 2552.52(c) to read as 

follows: 

§ 2552.52 What factors are considered in 

determining a Foster Grandparent’s service 

schedule? 

* * * * * 

(c) Meal time may be part of the 

service schedule and is stipended. 

■ 57. Revise § 2552.53 to read as 

follows: 

§ 2552.53 Under what circumstances may 

a Foster Grandparent be removed from 

service? 

(a) A sponsor may remove a Foster 

Grandparent from service for cause. 

Grounds for removal include, but are 

not limited to: Extensive and 

unauthorized absences; misconduct; 

failure to perform assignments or failure 

to accept supervision. A Foster 

Grandparent may also be removed from 

stipended service for having income in 


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excess of the eligibility level. A Foster 

Grandparent shall be removed 

immediately if ineligible to serve based 

on criminal history check results. 

(b) The sponsor shall establish 

appropriate policies on removal from 

service, as well as procedures for 

appeal. 

■ 58. Revise § 2552.61 to read as 

follows: 

§ 2552.61 May a sponsor serve as a 

volunteer station? 

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 12 months in 

duration. 

■ 66. Amend § 2552.92 as follows; 

■ a. Revise paragraphs (a), (b) 

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

■ b. Remove paragraph (e). 

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

revise newly redesignated paragraph (e). 

The revisions read as follows: 

§ 2552.92 What are project funding 

requirements? 

(a) Is non-CNCS support required? A 

CNCS grant may be awarded to fund up 

to 90 percent of the cost of development 

and operation of a Foster Grandparent 

project. The sponsor is required to 

contribute at least 10 percent of the total 

project cost from non-Federal sources or 

authorized Federal sources. 

(b) Under what circumstances does 

CNCS allow less than the 10 percent 

non-CNCS support? CNCS may allow 

exceptions to the 10 percent local 

support requirement in cases of 

demonstrated need such as: 

* * * * * 

(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the 10 percent non-CNCS 

support required? Whenever locally 

generated contributions to Foster 

Grandparent projects are in excess of the 

minimum 10 percent non-CNCS support 

required, CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and non-Federal 

funds, including expenditures from 

excess locally generated contributions 

in support of the grant are subject to 

audit by CNCS, its Inspector General, or 

their authorized agents. 


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(e) May a sponsor pay stipends at 

rates different than those established by 

CNCS? No, a sponsor shall pay stipends 

at rates established by CNCS. 

■ 67. Amend § 2552.93 as follows: 

■ a. Revise the section heading. 

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

end of paragraph (a)(3). 

■ c. Revise paragraph (a)(4). 

■ d. Add paragraph (a)(5). 

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

The revisions and addition read as 

follows: 

§ 2552.93 What are a sponsor’s legal 

requirements in managing grants? 

* * * * * 

(a) * * * 

(4) All applicable CNCS policies; and 

(5) All other applicable CNCS 

requirements. 

(b) Project support provided under a 

CNCS grant shall be furnished at the 

lowest possible cost consistent with the 

effective operation of the project. 

* * * * * 

(e) Payments to settle discrimination 

complaints, either through a settlement 

agreement or formal adjudication, are 

not allowable costs. 

(f) Written CNCS approval is required 

for the following changes in the 

approved grant: 

(1) Reduction in budgeted volunteer 

service years. 

(2) Change in the service area. 

■ 68. Revise § 2552.101 to read as 

follows: 

§ 2552.101 What rule governs the 

recruitment and enrollment of persons who 

do not meet the income eligibility 

guidelines to serve as Foster 

Grandparents? 

Over-income persons as described in 

§ 2552.43, age 55 or over, may be 

enrolled in FGP project as nonstipended volunteers. 

■ 69. Amend § 2552.102 as follows: 

■ a. Revise paragraphs (b) and (d). 

■ b. Remove paragraphs (e) and (f). 

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

revise newly redesignated paragraph (e). 

The revisions read as follows: 

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 benefits are a non-CNCS 

funded project entitled to? 

The Notice of Grant Award entitles 

the sponsor of a Non-CNCS funded 

project to: 

(a) All technical assistance and 

materials provided to CNCS funded 

Foster Grandparent projects; and 

* * * * * 

■ 75. Revise § 2552.113 to read as 

follows: 

§ 2552.113 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

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 

services or engage in any form of 

proselytization as part of his/her duties. 

(2) A sponsor or volunteer station may 

retain its independence and may 

continue to carry out its mission, 

including the definition, development, 

practice, and expression of its religious 

beliefs, provided that it does not use 

CNCS funds to support any inherently 

religious activities, such as worship, 

religious instruction, or proselytization, 

as part of the programs or services 

funded. If an organization conducts 

such activities, the activities must be 

offered separately, in time or location, 

from the programs or services funded 

under this part. 

(h) Nepotism. Persons selected for 

project staff positions shall not be 

related by blood or marriage to other 

project staff, sponsor staff or officers, or 

members of the sponsor Board of 

Directors, unless there is written 

concurrence from the Advisory Council 

or community group established by the 

sponsor under subpart B of this part, 

and with notification to CNCS. 

■ 78. Revise § 2552.122 to read as 

follows: 

§ 2552.122 What legal coverage does 

CNCS make available to Foster 

Grandparents? 

It is within CNCS’ discretion to 

determine if Counsel is employed and 

counsel fees, court costs, bail and other 

expenses incidental to the defense of a 

FGP volunteer are paid in a criminal, 

civil or administrative proceeding, 

when such a proceeding arises directly 

out of performance of the volunteer’s 

activities. The circumstances under 

which CNCS may pay such expenses are 

specified in 45 CFR part 1220. 


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PART 2553—THE RETIRED AND 

SENIOR VOLUNTEER PROGRAM 

■ 79. The authority citation for part 

2553 continues to read as follows: 

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

■ 80. Amend § 2553.12 as follows: 

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

(q), and (r). 

■ b. Remove all alphabetical paragraph 

designations. 

■ c. Revise the definition of ‘‘Adequate 

staffing level’’. 

■ d. Add the definition of ‘‘Assignment 

description’’ in alphabetical order. 

■ e. Revise the definition of ‘‘Chief 

Executive Officer’’. 

■ f. Add the definition of ‘‘CNCS’’. 

■ g. Revise the definitions of ‘‘Cost 

reimbursements’’, ‘‘Letter of 

Agreement’’, and ‘‘National Senior 

Service Corps (NSSC)’’. 

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

support (excess)’’ and ‘‘Non-CNCS 

support (match)’’ in alphabetical order. 

■ i. Revise the definitions of 

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

■ j. Add the definition of ‘‘Proprietary 

Health Care Organization’’ in 

alphabetical order. 

■ k. Revise the definitions of ‘‘Service 

area’’ and ‘‘Sponsor’’. 

■ l. Add the definition of ‘‘United States 

and Territories’’ in alphabetical order. 

■ m. Revise the definition of ‘‘Volunteer 

station’’. 

The revisions and additions read as 

follows: 

§ 2553.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full time equivalent 

needed by a sponsor to manage the 

National Senior Service Corps (NSSC) 

project operations considering such 

factors as: Number of budgeted 

volunteers, number of volunteer 

stations, and the size of the service area. 

* * * * * 

Assignment description. The written 

description of the activities, functions or 

responsibilities to be performed by 

RSVP volunteers. 

Chief Executive Officer. The Chief 

Executive Officer of CNCS appointed 

under the National and Community 

Service Act of 1990, as amended, 

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

CNCS. The Corporation for National 

and Community Service established 

under the NCSA. 

Cost reimbursements. 

Reimbursements budgeted as Volunteer 

Expenses and provided to volunteers, 

including stipends to cover incidental 

costs, transportation, meals, recognition, 

supplemental accident, personal 

liability and excess automobile liability 

insurance, and other expenses as 

negotiated in the Memorandum of 

Understanding. 

Letter of Agreement. A written 

agreement between a volunteer station 

or sponsor, and person(s) served or the 

person legally responsible for that 

person. It authorizes the assignment of 

an RSVP volunteer in the home of a 

client, defines RSVP volunteer 

activities, and specifies supervision 

arrangements. 

* * * * * 

National Senior Service Corps 

(NSSC). The collective name for the 

Senior Companion Program (SCP), 

Foster Grandparent Program (FGP), and 

the Retired and Senior Volunteer 

Program (RSVP), and Demonstration 

Programs, all of which are established 

under Parts A, B, C, and E, Title II of 

the Act. NSSC is also referred to as the 

‘‘Senior Corps.’’ 

Non-CNCS support (excess). The 

amount of non-CNCS cash and in-kind 

contributions generated by a sponsor in 

excess of the required percentage. 

Non-CNCS support (match). The 

percentage share of non-CNCS cash and 

in-kind contributions required to be 

raised by the sponsor in support of the 

grant. 

Performance measures. Indicators 

intended to that help determine the 

impact of an RSVP project on the 

community, including the volunteers. 

Project. The locally planned RSVP 

activity or set of activities in a service 

area as approved by CNCS and 

implemented by the sponsor. 

Proprietary Health Care 

Organizations. Private, for-profit health 

care organization that serves one or 

more vulnerable populations. 

Service area. The geographically 

defined area(s) approved in the grant 

application, in which RSVP volunteers 

are enrolled and placed on assignments. 

Sponsor. A public agency, including 

Indian tribes as defined in section 421 

(5) of the Act, and non-profit private 

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

authority to accept and the capability to 

administer a Senior Companion project. 

United States and Territories. Each of 

the several States, the District of 

Columbia, the U.S. Virgin Islands, the 

Commonwealth of Puerto Rico, Guam 

and American Samoa, and Trust 

Territories of the Pacific Islands. 

Volunteer station. A public agency; a 

private non-profit organization, secular 

or faith-based; or a proprietary health 

care organization. A volunteer station 

must accept responsibility for the 

assignment and supervision of RSVP 

volunteers in health, education, social 

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

agencies, or similar establishments. 

Each volunteer station must be licensed 

or otherwise certified, when required, 

by the appropriate state or local 

government. Private homes are not 

volunteer stations. 

■ 81. Revise § 2553.21 to read as 

follows: 

§ 2553.21 Who is eligible to serve as a 

sponsor? 

CNCS awards grants to public 

agencies, including Indian tribes as 

defined in section 421 (5) of the Act, 

and non-profit private organizations, 

both secular and faith-based, in the 

United States that have authority to 

accept and the capability to administer 

an RSVP project. 

■ 82. Revise § 2553.22 to read as 

follows: 

§ 2553.22 What are the responsibilities of 

a sponsor? 

A sponsor is responsible for fulfilling 

all project management requirements 

necessary to accomplish the purposes of 

the RSVP project as specified in the Act. 

A sponsor shall not delegate or contract 

these overall management 

responsibilities to another entity. CNCS 

retains the right to determine what types 

of management responsibilities may or 

may not be contracted. 

■ 83. Amend § 2553.23 as follows: 

■ a. Revise the section heading and 

paragraphs (b) and (c) introductory text. 

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

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

■ c. Revise paragraph (c)(2)(iv). 

■ d. Add paragraph (c)(2)(v). 

■ e. Remove paragraph (c)(3). 

■ f. Revise paragraph (e). 

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

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

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

newly redesignated paragraph (g). 

The revisions and addition read as 

follows: 

§ 2553.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(b) In collaboration with other 

community organizations or by using 

existing assessments, assess the needs of 

the community or service area, and 

develop strategies to respond to 

identified needs using RSVP volunteers. 

(c) Develop and manage one or more 

volunteer stations to provide a wide 

range of placement opportunities that 

appeal to persons age 55 and over by: 

* * * * * 

(2) * * * 

(iv) That states the station will not 

discriminate against RSVP volunteers, 


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service beneficiaries, or in the operation 

of its program on the basis of race, color, 

national origin including individuals 

with limited English proficiency, 

gender, age, religion, sexual orientation, 

disability, gender identity or expression, 

political affiliation, marital or parental 

status, or military service; and 

(v) That states the station will provide 

for the safety of the RSVP volunteers 

assigned to the station. 

* * * * * 

(e) Encourage the most efficient and 

effective use of RSVP volunteers by 

coordinating project services and 

activities with related national, state 

and local programs, including other 

CNCS programs. 

* * * * * 

(g) Make every effort to meet such 

performance measures as established in 

the approved grant application. 

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

to read as follows: 

§ 2553.24 What are a sponsor’s 

responsibilities for securing community 

participation? 

(a) * * * 

(2) With an interest in the field of 

community service and volunteerism; 

(3) Capable of helping the sponsor 

satisfy its administrative and program 

responsibilities including fund-raising, 

publicity and meeting or exceeding 

performance measures; 

(4) With an interest in, and knowledge 

of, the range of abilities of older adults; 

and 

* * * * * 

■ 85. Amend § 2553.25 as follows: 

■ a. Revise paragraph (c). 

■ b. Remove paragraph (e). 

■ c. Redesignate paragraphs (f) through 

(i) as (e) through (h) and revise newly 

redesignated paragraphs (e) through (h). 

The revisions read as follows: 

§ 2553.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(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) Establish risk management policies 

and procedures covering RSVP project 

activities. This includes provision of 

appropriate insurance coverage for 

RSVP volunteers, which includes: 

Accident insurance, personal liability 

insurance, and excess automobile 

liability insurance. 

(f) Establish record keeping and 

reporting systems in compliance with 

CNCS requirements that ensure quality 

of program and fiscal operations, 

facilitate timely and accurate 

submission of required reports and 

cooperate with CNCS evaluation and 

data collection efforts. 

(g) Comply with, and ensure that all 

volunteer stations comply with, all 

applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

(h) Conduct National Service Criminal 

History Checks in accordance with the 

requirements in 45 CFR 2540.200 

through 2540.207. 

§ 2553.26 [Removed and Reserved] 

■ 86. Remove and reserve § 2553.26. 

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

to read as follows: 

§ 2553.31 What are the rules on 

suspension, termination and denial of 

refunding of grants? 

(a) * * * 

(3) In any case where an application 

for refunding is denied for failure to 

comply with the terms and conditions 

of the grant, the recipient shall be 

afforded an opportunity for an informal 

hearing before an impartial hearing 

officer, who has been agreed to by the 

recipient and CNCS; and 

* * * * * 

(b) Hearings or other meetings as may 

be necessary to fulfill the requirements 

of this section should, to the extent 

practicable, be held in locations 

convenient to the recipient agency. 

(c) The procedures for suspension, 

termination, and denial of refunding, 

that apply to the RSVP program are 

specified in 45 CFR part 1206. 

■ 88. Amend § 2553.41 as follows: 

■ a. Revise the section heading. 

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

paragraph (a)(2). 

■ c. Remove the semicolon at the end of 

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

place. 

■ d. Remove paragraph (a)(4). 

■ e. Revise paragraph (b). 

The revisions read as follows: 

§ 2553.41 Who is eligible to be an RSVP 

volunteer? 

* * * * * 

(b) Eligibility to serve as an RSVP 

volunteer shall not be restricted on the 

basis of formal education, experience, 

race, color, national origin including 

limited English proficiency, gender, age, 

religion, sexual orientation, disability, 

gender identity or expression, political 

affiliation, marital or parental status, or 

military service. 

■ 89. Revise § 2553.42 to read as 

follows: 

§ 2553.42 Is an RSVP volunteer a federal 

employee, an employee of the sponsor or 

of the volunteer station? 

RSVP volunteers are not employees of 

the sponsor, the volunteer station, CNCS 

or the Federal Government. 

■ 90. Revise § 2553.43 to read as 

follows: 

§ 2553.43 What cost reimbursements are 

provided to RSVP volunteers? 

(a) RSVP volunteers may be provided 

the following cost reimbursements 

within the limits of the project’s 

available resources: 

(1) Transportation. RSVP volunteers 

may receive assistance with the cost of 

transportation to and from volunteer 

assignments and official project 

activities, including orientation, 

training, and recognition events. 

(2) Meals. RSVP volunteers may 

receive assistance with the cost of meals 

taken while on assignment. 

(3) Other volunteer expenses. RSVP 

volunteers may also be reimbursed for 

allowable out-of-pocket expenses 

incurred while performing their 

assignments. 

(b) RSVP volunteers must be provided 

the following cost reimbursements: 

(1) Recognition. RSVP volunteers 

shall be provided recognition for their 

service. 

(2) Insurance. An RSVP volunteer is 

provided with the CNCS-specified 

minimum levels of insurance as follows: 

(i) Accident insurance. Accident 

insurance covers RSVP volunteers for 

personal injury during travel between 

their homes and places of assignment, 

during volunteer service, during meal 

periods while serving as a volunteer, 

and while attending project sponsored 

activities. Protection shall be provided 

against claims in excess of any benefits 

or services for medical care or treatment 

available to the volunteer from other 

sources. 

(ii) Personal liability insurance. 

Protection is provided against claims in 

excess of protection provided by other 

insurance. It does not include 

professional liability coverage. 

(iii) Excess automobile insurance. (A) 

RSVP drivers who drive in connection 

with their service shall be provided 


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protection against claims in excess of 

the greater of either: 

(1) Liability insurance the volunteers 

carry on their own automobiles; or 

(2) The limits of applicable state 

financial responsibility law, or in its 

absence, levels of protection to be 

determined by CNCS for each person, 

each accident, and for property damage. 

(B) RSVP volunteers who drive their 

personal vehicles to or on assignments 

or project-related activities shall 

maintain personal automobile liability 

insurance equal to or exceeding the 

levels established by CNCS. 

■ 91. Revise § 2553.44 to read as 

follows: 

§ 2553.44 May cost reimbursements 

received by RSVP volunteers be subject to 

any tax or charge, treated as wages or 

compensation, or affect eligibility to receive 

assistance from other programs? 

No. An RSVP volunteer’s cost 

reimbursements are not subject to any 

tax or charge, and are not treated as 

wages or compensation for the purposes 

of unemployment insurance, workers’ 

compensation, temporary disability, 

retirement, public assistance or similar 

benefit payments or minimum wage 

laws. Cost reimbursements are not 

subject to garnishment, and do not 

reduce or eliminate the level of, or 

eligibility for, assistance or services that 

a volunteer may be receiving under any 

governmental program. 

■ 92. Revise § 2553.51 to read as 

follows: 

§ 2553.51 What are the terms of service of 

an RSVP volunteer? 

An RSVP volunteer shall serve on a 

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

assignment description. 

■ 93. Revise § 2553.52 to read as 

follows: 

§ 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). 

§ 2553.71 What is the process for 

application and award of a grant? 

As funds become available, CNCS 

solicits application for RSVP grants 

from eligible organizations through a 

competitive process. 

(a) * * * 

(1) Submit required information 

determined by CNCS. 

* * * * * 

(b) What process does CNCS use to 

select new RSVP grantees? (1) CNCS 

reviews and determines the merits of an 

application by its responsiveness to 

published guidelines and to the overall 

purpose and objectives of the program. 

In conducting its review during the 

competitive process, CNCS considers 

the input and opinions of those serving 

on a peer review panel, including 

members with expertise in senior 

service and aging, and may conduct site 

inspections, as appropriate. 

(2) * * * 

(iv) Ensuring innovation and 

geographic, demographic, and 

programmatic diversity across CNCS 

RSVP grantee portfolio; and 

* * * * * 

(c) * * * 

(2) CNCS and the sponsoring 

organization are parties to the NGA. The 

NGA will document the sponsor’s 

commitment to fulfill specific 

programmatic objectives and financial 

obligations. It will document the extent 

of CNCS’ obligation to provide 

assistance to the sponsor. 

(d) What happens if CNCS rejects an 

application? CNCS will inform an 

applicant when an application is not 

approved for funding. 

(e) For what period of time does CNCS 

award a grant? CNCS awards an RSVP 

grant for a specified period that is 3 

years in duration with an option for a 

grant renewal of 3 years, if the grantee’s 

performance and compliance with grant 

terms and conditions are satisfactory. 

CNCS will terminate funding to a 

grantee when CNCS determines that the 

grant should not be renewed for an 

additional 3 years. 

■ 97. Revise § 2553.72(a), (b) 

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

follows: 

§ 2553.72 What are project funding 

requirements? 

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

A CNCS grant may be awarded to fund 

up to 90 percent of the total project cost 

in the first year, 80 percent in the 

second year, and 70 percent in the third 

and succeeding years. 

(2) A sponsor is responsible for 

identifying non-CNCS funds which may 

include in-kind contributions. 

(b) Under what circumstances does 

CNCS allow less than the percentage 

identified in paragraph (a) of this 

section? CNCS may allow exceptions to 

the local support requirement identified 

in paragraph (a) of this section in cases 

of demonstrated need such as: 

* * * * * 

(c) May CNCS restrict how a sponsor 

uses locally generated contributions in 

excess of the non-CNCS support 

required? Whenever locally generated 

contributions to RSVP projects are in 

excess of the non-CNCS funds required 

(10 percent of the total cost in the first 

year, 20 percent in the second year and 

30 percent in the third and succeeding 

years), CNCS may not restrict the 

manner in which such contributions are 

expended provided such expenditures 

are consistent with the provisions of the 

Act. 

(d) Are program expenditures subject 

to audit? All expenditures by the 

grantee of Federal and Non-Federal 

funds, including expenditures from 

excess locally generated contributions, 


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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 benefits are a non-CNCS 

funded project entitled to? 

(a) All technical assistance and 

materials provided to CNCS funded 

RSVP volunteer projects; and 

* * * * * 

■ 102. Revise § 2553.83 to read as 

follows: 

§ 2553.83 What financial obligation does 

CNCS incur for non-CNCS funded projects? 

Issuance of an NGA to a sponsor of a 

non-CNCS funded project does not 

create a financial obligation on the part 

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. Revise § 2553.91(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: 

§ 2553.101 What is the purpose of 

performance measurement? 

The purpose of performance 

measurement is to strengthen the RSVP 

project and foster continuous 

improvement. Performance measures 

are used to assess how an applicant for 

a grant approaches the design of 

volunteer activities and how those 

activities impact community needs. 

■ 108. Revise § 2553.102 to read as 

follows: 

§ 2553.102 What performance 

measurement information must be part of 

an application for funding under RSVP? 

An application to CNCS for funding 

under RSVP must contain: 

(a) In a year one renewal application: 

(1) Performance measures. 

(2) Estimated performance data for the 

project years covered by the application. 

(b) In a year two or three continuation 

application: 

(1) Performance measures. 

(2) Estimated performance data for the 

project years covered by the application. 

(3) Actual performance data, where 

available, for the preceding completed 

project year. 

■ 109. Revise § 2553.103 to read as 

follows: 

§ 2553.103 Who develops the performance 

measures? 

(a) CNCS may establish performance 

measures that will apply to RSVP 

projects, which sponsors will be 

responsible for meeting. 

(b) An applicant is responsible for 

choosing its own project specific 

performance measures. 

■ 110. Revise § 2553.104 to read as 

follows: 

§ 2553.104 What performance measures 

must be submitted to CNCS and how are 

these submitted? 

(a) An applicant for CNCS funds is 

required to submit any uniform 

performance measure CNCS may 

establish for all applicants. 

Requirements, including types of 

performance measures, will be 

communicated in the notice of funding 

and other related materials. 


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(b) CNCS may specify additional 

requirements related to performance 

measures on an annual basis in program 

guidance and related materials. 

(c) Applicants for CNCS funds will 

submit performance measures through 

the grant application. CNCS will 

provide standard forms. 

■ 111. Revise § 2553.105 to read as 

follows: 

§ 2553.105 How are performance 

measures approved and documented? 

(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: January 18, 2018. 

Tim Noelker, 

General Counsel. 

[FR Doc. 2018–01462 Filed 2–13–18; 8:45 am] 

BILLING CODE 6050–28–P 


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