[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Rules and Regulations]
[Pages 14133-14141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6632]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1209 and 2553
RIN 3045-AA19
Retired and Senior Volunteer Program
ACTION: Final regulations.
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SUMMARY: The Corporation for National and Community Service,
(hereinafter the ``Corporation''), amends the regulations governing the
administration of the Retired and Senior Volunteer Program (RSVP). This
final rule implements changes to the Domestic Volunteer Service Act of
1973
[[Page 14134]]
as amended, and establishes minimum program requirements with greater
clarity. It updates program operations, consolidates requirements from
outdated sources into one user friendly document; and incorporates new
concepts of programming to highlight the accomplishments and impact of
senior service. This amendment supersedes the old ACTION regulations
and RSVP Operations Handbook 4700 dated May 1989.
DATES: These regulations take effect April 23, 1999.
FOR FURTHER INFORMATION CONTACT: Rey Tejada at 202-606-5000 ext.197.
SUPPLEMENTARY INFORMATION: The Corporation published a notice of
proposed rulemaking (NPRM) for the Retired and Senior Volunteer Program
45 CFR Parts 1209 and 2553 in the Federal Register at 63 FR 46972,
September 3, 1998.
Summary of Main Comments and Changes
In response to the Corporation's invitation in the NPRM, the
Corporation received 79 letters. A significant number (44 percent) of
the letters came from one state. A summary of the main comments
received and the Corporation's responses are provided in this final
rule. Comments that are general or editorial in nature, or those
requesting clarification of program requirements are not addressed in
this final rule. The significant comments and the Corporation's
responses are summarized by section as follows:
Section 2553.11 What is the Retired and Senior Volunteer Program?
Comments: Expressed concern that the language proposed for
Sec. 2553.11 puts too much emphasis on service and less on the
volunteers.
Response: The Corporation understands the concerns expressed and
has modified the section to emphasize the dual purpose of the program.
The first sentence of Sec. 2553.11 was revised by adding ``for the dual
purpose of engaging'' after ``organizations'', ``to meet critical
community needs'' after ``service'' and ``and to provide a high quality
experience that will enrich the lives of the volunteers.'' after
``needs''.
Section 2553.12(j) National Senior Service Corps
Comments: Objected to the use of the name National Senior Service
Corps (NSSC) because it is not the name used in the DVSA.
Response: This name has been in use for the last several years and
the Corporation has used significant resources for the development and
design of a number of promotional program materials that are now in
wide use by projects across the country.
Section 2553.23(a) Focusing Resources on Critical Needs
Comments: Objected to this requirement for being labor intensive
and reducing the emphasis on assignments that are not outcome based.
Response: The Corporation appreciates the concerns expressed.
However, the program's resources need to be focused on critical needs
and this provision is essential to meet our obligation under the
Government Performance and Results Act.
Section 2553.23(b) Assessment of Needs
Comments: The requirement may duplicate the work of other local
organizations.
Response: The Corporation amended the provision to clarify that
needs assessment may be conducted by the project or other community
organizations.
Section 2553.23(d) Special Efforts to Recruit Minorities
Comments: Objected to the requirement that special efforts be made
to recruit members of under represented groups.
Response: This provision restates a requirement from the old
regulations and is based on a specific mandate from the DVSA.
Section 2553.23(f) Strategic Plan
Comments: Expressed concern that to require the development of a
strategic plan would be a significant paperwork burden on projects.
Response: The Corporation understands the concerns expressed
regarding the requirement and the potential burden it may produce. For
this reason, the provision has been withdrawn from the final rule.
Section 2553.23(g) Plan for Promoting Service
Comments: Objected to the requirement and view it as a burden.
Response: The Corporation provides funding to each sponsor to cover
the cost of program operations and considers promotion of service by
older adults an essential part of operating the program.
Section 2553.23(h) Assessment of Accomplishments and Impact
Comments: Expressed concern about administrative demands the
requirement for assessing impact would entail.
Response: The Corporation appreciates the concern expressed.
However, the provision is essential for the Corporation to meet its
obligations under the Government Performance and Results Act.
Section 2553.24 Securing Community Participation
Comments: The comments were mixed. Some oppose any changes in the
structure, role and operation of the Advisory Council as they were
specified in previous regulations. Others support the flexibility
provided by the new rule.
Response: The new provision gives local program sponsors maximum
flexibility for securing community participation. It gives them
discretion to use an Advisory Council or another organizational
structure to meet the requirement. The Corporation believes that the
new rule gives local sponsors the ability to choose whatever method
works best for them to involve the community in program operations.
Section 2553.25(b) Delegation of Authority
Comments: Expressed about the potential increase in work load for
project directors to meet this requirement. Some were also confused as
to what the delegation of authority means.
Response: After considering the concerns expressed, the Corporation
has withdrawn the provision from the final rule.
Section 2553.25(d) Full-time Project Director
Comments: Objected to the policy provision on full-time project
director.
Response: After considering the comments, the Corporation modified
this section by deleting from the last sentence any reference to cost
savings and leaving the basis for negotiating a part-time director
position to the size, scope and quality of project operations. The new
rule replaces the more rigid and cumbersome waiver process required
under the old regulations to employ a part-time director.
Section 2553.43(a) Transportation
Comments: Expressed concern that the use of the word ``may'' in
this section takes away the guarantee that volunteers will receive the
transportation assistance they need to get to their assignments.
Response: After considering the comments, the Corporation modified
this section by deleting the word ``may'' and using ``shall'' instead
after ``RSVP volunteers.''
[[Page 14135]]
Section 2553.51 Terms of Service
Comments: The comments were mixed. Most believed there should be
more flexibility to allow the project to count seasonal volunteers.
Response: After considering the comments, the Corporation modified
this section by deleting the second sentence that required monthly
service. This revision would allow weekly or short term assignments
consistent with the volunteer's assignment description.
Section Sec. 2553.61 Sponsor As Volunteer Station
Comments: Many expressed concern that the rule would prohibit
volunteers from serving in programs administered by the sponsor. Others
objected to the three year limit placed on projects to implement
program initiatives in areas where there are no volunteer stations.
Response: After considering the comments, the Corporation replaced
this section with a provision in the old regulation which allowed the
assignment of volunteers in programs run by the sponsor, and for the
project to serve as a volunteer station under certain conditions.
Section Sec. 2553.62 Station Responsibilities
Comments: Objected generally to the responsibilities specified as
being burdensome and may cause some volunteer stations to drop from the
program.
Response: The Corporation reexamined the provision and finds that
the responsibilities specified are needed to protect the welfare of
volunteers while on assignment and enhance the impact of their
services.
Section 2553.62(a)(2) Station Staff to Oversee Volunteers
Comments: Claimed that the requirement is unrealistic and not
consistent with the intent of RSVP.
Response: This provision is a restatement of a requirement
prescribed under the old regulations. The Corporation believes the
requirement is necessary to provide adequate support for volunteers
while they are on assignment.
Section 2553.91(c) Compensation for Service
Comments: Requested clarifying language for subsection (3) which
states that station support shall not be a precondition to the
assignment of volunteers, and subsection (4) which states that the
sponsor shall withdraw services if the station is unable to provide
monetary and in-kind support.
Response: The Corporation modified both subsections by moving the
last sentence in subsection (3) and inserted it as the first sentence
in subsection (4). This adjustment clarifies the Corporation's position
that a volunteer station's ability to provide cash or in-kind support
is not a precondition to the assignment of volunteers to that station.
However, if a station agrees to provide support under a Memorandum of
Understanding, but later decides to withdraw that support in a manner
that reduces or diminishes the ability of the project to fulfill its
obligations under the grant, then the sponsor can withdraw volunteer
services from that station.
Regulatory Flexibility Act and Unfunded Mandates Reform Act
The General Counsel, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 606(b)), has reviewed this regulation and by approving
certifies that this final rule will not have a significant impact on
small business entities.
Under the Unfunded Mandates Reform Act of 1995, the Corporation
certifies that this final rule does not include any Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any one year.
Paperwork Reduction Act of 1995
These final regulations have been examined under the Paperwork
Reduction Act of 1995 and have been found to contain no information
collection requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372. The objective of the Executive Order is to foster an
intergovernmental partnership and strengthened federalism by relying on
processes developed by State and local governments for coordination and
review of proposed Federal financial assistance. In accordance with the
Order, this document is intended to provide early notification of the
Corporation's specific plans and actions for this program.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866. The Office of Management and Budget has reviewed
this rule and has determined that this rule is not a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review.
Distribution Table
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New 45 CFR
Old 45 CFR part 1209 part 2553
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1209.1-1................................................... 2553.11
1209.1-2................................................... 2553.12
1209.1-3................................................... 2553.23
1209.2-1................................................... None
1209.2-2................................................... 2553.72
1209.2-3................................................... 2553.21
1209.2-4................................................... 2553.71
1209.2-5................................................... 2553.71
1209.2-6................................................... 2553.71
1209.2-7................................................... 2553.73
1209.2-8................................................... 2553.31
1209.3-1................................................... 2553.23
1209.3-2................................................... 2553.25
1209.3-3................................................... 2553.24
1209.3-4................................................... 2553.62
1209.3-5................................................... 2553.41
1209.3-6................................................... 2553.23
1209.3-7................................................... None
1209.4-1................................................... 2553.81
1209.5-1................................................... 2553.91
1209.5-2................................................... 2553.92
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List of Subjects
45 CFR Part 1209
Aged, Government contracts, Grant programs--social programs,
Reporting and recordkeeping requirements, Volunteers.
45 CFR Part 2553
Aged, Grant programs--social programs, Volunteers.
For the reasons set out in the preamble, and under the authority of
42 U.S.C. 12501 et seq., part 1209 in 45 CFR chapter XII is
redesignated as part 2553 in 45 CFR chapter XXV and is revised to read
as follows:
PART 2553--THE RETIRED AND SENIOR VOLUNTEER PROGRAM
Subpart A--General
Sec.
2553.11 What is the Retired and Senior Volunteer Program?
2553.12 Definitions.
Subpart B--Eligibility and Responsibilities of a Sponsor
2553.21 Who is eligible to serve as a sponsor?
2553.22 What are the responsibilities of a sponsor?
2553.23 What are a sponsor's program responsibilities?
2553.24 What are a sponsor's responsibilities for securing
community participation?
2553.25 What are a sponsor's administrative responsibilities?
2553.26 May a sponsor administer more than one program grant from
the Corporation?
[[Page 14136]]
Subpart C--Suspension, Termination and Denial of Refunding
2553.31 What are the rules on suspension, termination and denial of
refunding of grants?
Subpart D--Eligibility, Cost Reimbursements and Volunteer Assignments
2553.41 Who is eligible to be a RSVP volunteer?
2553.42 Is a RSVP volunteer a federal employee, an employee of the
sponsor or of the volunteer station?
2553.43 What cost reimbursements are provided to RSVP volunteers?
2553.44 May cost reimbursements received by a RSVP volunteer be
subject to any tax or charge, treated as wages or compensation, or
affect eligibility to receive assistance from other programs?
Subpart E--Volunteer Terms of Service
2553.51 What are the terms of service of a RSVP volunteer?
2553.52 Under what circumstances may a RSVP volunteer's service be
terminated?
Subpart F--Responsibilities of a Volunteer Station
2553.61 When may a sponsor serve as a volunteer station?
2553.62 What are the responsibilities of a volunteer station?
Subpart G--Application and Fiscal Requirements
2553.71 What is the process for application and award of a grant?
2553.72 What are project funding requirements?
2553.73 What are grants management requirements?
Subpart H--Non-Corporation Funded Projects
2553.81 Under what conditions may an agency or organization sponsor
a RSVP project without Corporation funding?
2553.82 What benefits are a non-Corporation funded project entitled
to?
2553.83 What financial obligation does the Corporation incur for
non-Corporation funded projects?
2553.84 What happens if a non-Corporation funded sponsor does not
comply with the Memorandum of Agreement?
Subpart I--Restrictions and Legal Representation
2553.91 What legal limitations apply to the operation of the RSVP
Program and to the expenditure of grant funds?
2553.92 What legal coverage does the Corporation make available to
RSVP volunteers.
Authority: 42 U.S.C. 4950 et seq.
Subpart A--General
Sec. 2553.11 What is the Retired and Senior Volunteer Program?
The Retired and Senior Volunteer Program (RSVP) provides grants to
qualified agencies and organizations for the dual purpose of: engaging
persons 55 and older in volunteer service to meet critical community
needs; and to provide a high quality experience that will enrich the
lives of volunteers.
Sec. 2553.12 Definitions.
(a) Act. The Domestic Volunteer Service Act of 1973, as amended,
Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 396, 42 U.S.C. 4950 et seq.
(b) Adequate staffing level. The number of project staff or full-
time equivalent needed by a sponsor to manage NSSC project operations
considering such factors as: number of budgeted volunteers, number of
volunteer stations, and the size of the service area.
(c) Assignment. The activities, functions or responsibilities to be
performed by volunteers identified in a written outline or description.
(d) Chief Executive Officer. The Chief Executive Officer of the
Corporation appointed under the National and Community Service Act of
1990, as amended, (NCSA), 42 U.S.C. 12501 et seq.
(e) Corporation. The Corporation for National and Community Service
established under the NCSA. The Corporation is also sometimes referred
to as CNCS.
(f) Cost reimbursements. Reimbursements budgeted as Volunteer
Expenses and provided to volunteers to cover incidental costs, meals,
transportation, volunteer insurance, and recognition to enable them to
serve without cost to themselves.
(g) Letter of Agreement. A written agreement between a volunteer
station, the sponsor, and person(s) served or the person legally
responsible for that person. It authorizes the assignment of a RSVP
volunteer in the home of a client, defines RSVP volunteer activities,
and specifies supervision arrangements.
(h) Memorandum of Understanding. A written statement prepared and
signed by the RSVP project sponsor and the volunteer station that
identifies project requirements, working relationships and mutual
responsibilities.
(i) National Senior Service Corps (NSSC). The collective name for
the Foster Grandparent Program (FGP), the Retired and Senior Volunteer
Program (RSVP), and the Senior Companion Program (SCP), and
Demonstration Programs established under Parts A, B, C, and E, Title II
of the Act. NSSC is also referred to as the ``Senior Corps''.
(j) Non-Corporation support (required). The percentage share of
non-Federal cash and in-kind contributions required to be raised by the
sponsor in support of the grant, including non-Corporation federal,
state and local governments and privately raised contributions.
(k) Non-Corporation support (excess). The amount of non-Federal
cash and in-kind contributions generated by a sponsor in excess of the
required percentage.
(l) Project. The locally planned and implemented RSVP activity or
set of activities in a service area as agreed upon between a sponsor
and the Corporation.
(m) Qualified individual with a disability. An individual with a
disability (as defined in the Rehabilitation Act, 29 U.S.C. 705 (20))
who, with or without reasonable accommodation, can perform the
essential functions of a volunteer position that such individual holds
or desires. If a sponsor has prepared a written description before
advertising or interviewing applicants for the position, the written
description may be considered evidence of the essential functions of
the volunteer position.
(n) Service area. The geographically defined area approved in the
grant application, in which RSVP volunteers are recruited, enrolled,
and placed on assignments.
(o) Sponsor. A public agency or private non-profit organization
that is responsible for the operation of a RSVP project.
(p) Trust Act. The National and Community Service Trust Act of
1993, as amended, Public Law 103-82, Sept. 21, 1993, 107 Stat. 785.
(q) United States and States. 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.
(r) Volunteer station. A public agency, private non-profit
organization or proprietary health care agency or organization that
accepts responsibility for assignment, supervision and training of RSVP
volunteers. Each volunteer station must be licensed or otherwise
certified, when required, by appropriate state or local government.
Private homes are not volunteer stations.
Subpart B--Eligibility and Responsibilities of a Sponsor
Sec. 2553.21 Who is eligible to serve as a sponsor?
The Corporation awards grants to public agencies, including Indian
tribes and non-profit private organizations, in the United States that
have the authority to accept and the capability to administer a RSVP
project.
[[Page 14137]]
Sec. 2553.22 What are the responsibilities of a sponsor?
A sponsor is responsible for fulfilling all project management
requirements necessary to accomplish the purposes of the RSVP program
as specified in the Act. A sponsor shall not delegate or contract these
responsibilities to another entity. A sponsor shall comply with all
regulations contained in this part, policies, and grant provisions
prescribed by the Corporation.
Sec. 2553.23 What are a sponsor's program responsibilities?
A sponsor shall:
(a) Focus RSVP resources to have a positive impact on critical
human and social needs within the project service area.
(b) Assess in collaboration with other community organizations or
utilize existing assessments of the needs of the community or service
area and develop strategies to respond to those needs using the
resources of RSVP volunteers.
(c) Develop and manage a system of volunteer stations to provide a
wide range of placement opportunities that appeal to persons age 55 and
over by:
(1) Ensuring that a volunteer station is a public or non-profit
private organization or an eligible proprietary health care agency
capable of serving as a volunteer station for the placement of RSVP
volunteers to meet locally identified needs;
(2) Ensuring the placement of RSVP volunteers is governed by a
Memorandum of Understanding:
(i) That is negotiated prior to placement;
(ii) That specifies the mutual responsibilities of the station and
sponsor;
(iii) That is renegotiated at least every three years; and
(iv) That states the station assures it will not discriminate
against RSVP volunteers or in the operation of its program on the basis
of race, color, national origin, sex, age, political affiliation,
religion, or on the basis of disability, if the participant or member
is a qualified individual with a disability; and
(3) Annually assessing the placement of RSVP volunteers to ensure
the safety of volunteers and their impact on meeting the needs of the
community.
(d) Consider the demographic make-up of the project service area in
the enrollment of RSVP volunteers, taking special efforts to recruit
eligible individuals from minority groups, persons with disabilities
and under represented groups.
(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 Corporation
programs.
(f) Develop, and annually update, a plan for promoting service by
older adults within the project service area.
(g) Conduct an annual assessment of the accomplishments and impact
of the project and how they meet the identified needs and problems of
the community.
(h) Provide RSVP volunteers with cost reimbursements specified in
Sec. 2553.43.
Sec. 2553.24 What are a sponsor's responsibilities for securing
community participation?
(a) A sponsor shall secure community participation in local project
operation by establishing an Advisory Council or a similar
organizational structure with a membership that includes people:
(1) Knowledgeable about human and social needs of the community;
(2) Competent in the field of community service and volunteerism;
(3) Capable of helping the sponsor meet its administrative and
program responsibilities including fund-raising, publicity and
programming for impact;
(4) With an interest in and knowledge of the capability of older
adults; and
(5) Of a diverse composition that reflects the demographics of the
service area.
(b) The sponsor determines how this participation shall be secured,
consistent with the provisions of paragraphs (a)(1) through (a)(5) of
this section.
Sec. 2553.25 What are a sponsor's administrative responsibilities?
A sponsor shall:
(a) Assume full responsibility for securing maximum and continuing
community financial and in-kind support to operate the project
successfully.
(b) Provide levels of staffing and resources appropriate to
accomplish the purposes of the project and carry out its project
management responsibilities.
(c) Employ a full-time project director to accomplish program
objectives and manage the functions and activities delegated to project
staff for NSSC program(s) within its control. A full-time project
director shall not serve concurrently in another capacity, paid or
unpaid, during established working hours. The project director may
participate in activities to coordinate program resources with those of
related local agencies, boards or organizations. A sponsor may
negotiate the employment of a part-time project director with the
Corporation when it can be demonstrated that such an arrangement will
not adversely affect the size, scope and quality of project operations.
(d) Consider all project staff as sponsor employees subject to its
personnel policies and procedures.
(e) Compensate project staff at a level that is comparable with
similar staff positions in the sponsor organization and/or project
service area.
(f) Establish risk management policies and procedures covering
project and RSVP activities. This includes provision of appropriate
insurance coverage for RSVP volunteers, vehicles and other properties
used in the project.
(g) Establish record keeping and reporting systems in compliance
with Corporation requirements that ensure quality of program and fiscal
operations, facilitate timely and accurate submission of required
reports and cooperate with Corporation evaluation and data collection
efforts.
(h) Comply with and ensure that all volunteer stations comply with
all applicable civil rights laws and regulations, including providing
reasonable accommodation to qualified individuals with disabilities.
Sec. 2553.26 May a sponsor administer more than one program grant from
the Corporation?
A sponsor may administer more than one Corporation program grant.
Subpart C--Suspension, Termination and Denial of Refunding
Sec. 2553.31 What are the rules on suspension, termination and denial
of refunding of grants?
(a) The Chief Executive Officer or designee is authorized to
suspend further payments or to terminate payments under any grant
providing assistance under the Act whenever he or she determines there
is a material failure to comply with applicable terms and conditions of
the grant. The Chief Executive Officer shall prescribe procedures to
insure that:
(1) Assistance under the Act shall not be suspended for failure to
comply with applicable terms and conditions, except in emergency
situations for thirty days;
(2) An application for refunding under the Act may not be denied
unless the recipient has been given:
(i) Notice at least 75 days before the denial of such application
of the possibility of such denial and the grounds for any such denial;
and
(ii) Opportunity to show cause why such action should not be taken;
(3) In any case where an application for refunding is denied for
failure to comply with the terms and conditions
[[Page 14138]]
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 the Corporation; and
(4) Assistance under the Act shall not be terminated for failure to
comply with applicable terms and conditions unless the recipient has
been afforded reasonable notice and opportunity for a full and fair
hearing.
(b) In order to assure equal access to all recipients, such
hearings or other meetings as may be necessary to fulfill the
requirements of this section shall be held in locations convenient to
the recipient agency.
(c) The procedures for suspension, termination, and denial of
refunding, that apply to the Retired and Senior Volunteer Program are
specified in 45 CFR Part 1206.
Subpart D--Eligibility, Cost Reimbursements and Volunteer
Assignments
Sec. 2553.41 Who is eligible to be a RSVP volunteer?
(a) To be an RSVP volunteer, an individual must:
(1) Be 55 years of age or older;
(2) Agree to serve without compensation;
(3) Reside in or nearby the community served by RSVP;
(4) Agree to abide by all requirements as set forth in this part.
(b) Eligibility to serve as a RSVP volunteer shall not be
restricted on the basis of formal education, experience, race,
religion, color, national origin, sex, age, handicap or political
affiliation.
Sec. 2553.42 Is a 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, the Corporation, or the Federal Government.
Sec. 2553.43 What cost reimbursements are provided to RSVP volunteers?
RSVP volunteers are provided the following cost reimbursements
within the limits of the project's available resources:
(a) Transportation. RSVP volunteers shall receive assistance with
the cost of transportation to and from volunteer assignments and
official project activities, including orientation, training, and
recognition events. On-the-job or assignment related transportation
costs are the responsibility of the volunteer station or a third party.
(b) Meals. RSVP volunteers shall receive assistance with the cost
of meals taken while on assignment.
(c) Recognition. RSVP volunteers shall be provided recognition for
their service.
(d) Insurance. A RSVP volunteer is provided with the Corporation-
specified minimum levels of insurance as follows:
(1) Accident insurance. Accident insurance covers RSVP volunteers
for personal injury during travel between their homes and places of
assignment, during their 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.
(2) Personal liability insurance. Protection is provided against
claims in excess of protection provided by other insurance. It does not
include professional liability coverage.
(3) Excess automobile liability insurance. (i) For RSVP volunteers
who drive in connection with their service, protection is provided
against claims in excess of the greater of either:
(A) Liability insurance the volunteers 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 the
Corporation for each person, each accident, and for property damage.
(ii) 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 the Corporation.
Sec. 2553.44 May cost reimbursements received by a RSVP volunteer be
subject to any tax or charge, treated as wages or compensation, or
affect eligibility to receive assistance from other programs?
No. RSVP volunteers' cost reimbursements are not subject to any tax
or charge and are not 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 are not subject to garnishment, do not
reduce or eliminate the level of or eligibility for assistance or
services a volunteer may be receiving under any governmental program.
Subpart E--Volunteer Terms of Service
Sec. 2553.51 What are the terms of service of a RSVP volunteer?
A RSVP volunteer shall serve weekly on a regular basis, or
intensively on short-term assignments consistent with the assignment
description.
Sec. 2553.52 Under what circumstances may a RSVP volunteer's service
be terminated?
(a) A sponsor may remove a RSVP volunteer from service for cause.
Grounds for removal include but are not limited to: extensive and
unauthorized absences; misconduct; inability to perform assignments;
and failure to accept supervision.
(b) The sponsor shall establish appropriate policies on service
termination as well as procedures for appeal from such adverse action.
Subpart F--Responsibilities of a Volunteer Station
Sec. 2553.61 When may a sponsor serve as a volunteer station?
The sponsor may function as a volunteer station, provided that no
more than 5% of the total number of volunteers budgeted for the project
are assigned to it in administrative or support positions. This
limitation does not apply to the assignment of volunteers to other
programs administered by the sponsor or special volunteer activities of
the project. The RSVP project itself may function as a volunteer
station or may initiate special volunteer activities provided the
Corporation agrees that these activities are in accord with program
objectives and will not hinder overall project operations.
Sec. 2553.62 What are the responsibilities of a volunteer station?
A volunteer station shall undertake the following responsibilities
in support of RSVP volunteers:
(a) Develop volunteer assignments that impact critical human and
social needs, and regularly assess those assignments for continued
appropriateness;
(b) Assign staff member responsible for day to day oversight of the
placement of RSVP volunteers within the volunteer station and for
assessing the impact of volunteers in addressing community needs;
(c) Obtain a Letter of Agreement for an RSVP volunteer assigned in-
home. The Letter of Agreement shall comply with all Federal, State and
local regulations;
(d) Keep records and prepare reports as required;
(e) Comply with all applicable civil rights laws and regulations
including reasonable accommodation for RSVP volunteers with
disabilities; and
(f) Provide assigned RSVP volunteers the following support:
[[Page 14139]]
(1) Orientation to station and appropriate in-service training to
enhance performance of assignments;
(2) Resources required for performance of assignments including
reasonable accommodation;
(3) Supervision while on assignment;
(4) Appropriate recognition; and
(5) Provide for the safety of RSVP volunteers assigned to it.
(g) Undertake such other responsibilities as may be necessary to
the successful performance of RSVP volunteers in their assignments or
as agreed to in the Memorandum of Understanding.
Subpart G--Application and Fiscal Requirements
Sec. 2553.71 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 for a RSVP
grant at any time.
(2) Before submitting an application, an applicant shall determine
the availability of funds.
(3) The Corporation may also solicit grant applicants. Applicants
solicited by the Corporation are not assured of selection or approval
and may have to compete with other solicited or unsolicited applicants.
(b) What must an eligible organization include in a grant
application?
(1) An applicant shall complete standard forms prescribed by the
Corporation.
(2) The applicant shall comply with the provisions of Executive
Order 12372, the ``Intergovernmental Review of Federal Programs,'' (3
CFR, 1982 Comp., p. 197) in 45 CFR part 1233, and any other applicable
requirements.
(c) Who reviews the merits of a RSVP application and how is a grant
awarded?
(1) The Corporation reviews and determines the merit of an
application by its responsiveness to published guidelines and to the
overall purpose and objectives of the program. When funds are
available, the Corporation awards a grant in writing to each applicant
whose grant proposal provides the best potential for serving the
purpose of the program. The award will be documented by a Notice of
Grant Award (NGA).
(2) The Corporation 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 the Corporation's obligation to provide
financial support to the sponsor.
(d) What happens if the Corporation rejects an application? The
Corporation will return to the applicant an application that is not
approved for funding, with an explanation of the Corporation's
decision.
(e) For what period of time does the Corporation award a grant? The
Corporation awards a RSVP grant for a specified period that is usually
12 months in duration.
Sec. 2553.72 What are project funding requirements?
(a) Is non-Corporation support required?
(1) A Corporation 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-Corporation funds
which may include in-kind contributions.
(b) Under what circumstances does the Corporation allow less than
the percentage identified in paragraph (a) of this section? The
Corporation may allow exceptions to the local support requirement
identified in paragraph (a) of this section in cases of demonstrated
need such as:
(1) Initial difficulties in the development of local funding
sources during the first three years of operations; or
(2) An economic downturn, the occurrence of a natural disaster, or
similar events in the service area that severely restrict or reduce
sources of local funding support; or
(3) The unexpected discontinuation of local support from one or
more sources that a project has relied on for a period of years.
(c) May the Corporation restrict how a sponsor uses locally
generated contributions in excess of the non-Corporation support
required? Whenever locally generated contributions to RSVP projects are
in excess of the non-Corporation 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), the Corporation may not
restrict the manner in which such contributions are expended provided
such expenditures are consistent with the provisions of the Act.
(d) Are program expenditures subject to audit? All expenditures by
the grantee of Federal and Non-Federal funds, including expenditures
from excess locally generated contributions, are subject to audit by
the Corporation, its Inspector General, or their authorized agents.
(e) How much of the grant must be budgeted to pay volunteer
expenses or cost reimbursements? The total volunteer expenses and cost
reimbursements for RSVP volunteers, including transportation, meals,
recognition and insurance shall be an amount equal to at least 25
percent of the Corporation funds in the grant award. Corporation and
non-Corporation resources may be used to make up this sum.
Sec. 2553.73 What are grants management requirements?
What rules govern a sponsor's management of grants?
(a) A sponsor shall manage a grant awarded in accordance with:
(1) The Act;
(2) Regulations in this part;
(3) 45 CFR Part 2541, ``Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments'', or
45 CFR Part 2543, ``Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations'';
(4) The following OMB Circulars, as appropriate A-21, ``Cost
Principles for Educational Institutions'', A-87, ``Cost Principles for
State, Local and Indian Tribal Governments'', A-122, ``Cost Principles
for Non-Profit Organizations'', and A-133, ``Audits of States, Local
Governments, and Other Non-Profit Organizations'' (OMB circulars are
available electronically at the OMB homepage www.whitehouse.gov/WH/EOP/
omb); and
(5) Other applicable Corporation requirements.
(b) Project support provided under a Corporation grant shall be
furnished at the lowest possible cost consistent with the effective
operation of the project.
(c) Project costs for which Corporation funds are budgeted must be
justified as being essential to project operation.
(d) Project funds shall not be used to reimburse volunteers for
expenses, including transportation costs, incurred while performing
their volunteer assignments. Volunteers on assignment during a normal
meal period may be reimbursed for the meal cost. Equipment or supplies
for volunteers on assignment are not allowable costs. Assignment
related costs of transportation, equipment, supplies, etc. are the
responsibility of the volunteer station or a third party.
(e) Volunteer expense items, including transportation, meals,
[[Page 14140]]
recognition activities and items purchased at the volunteers own
expense that are not reimbursed, are not allowable as contributions to
the non-Federal share of the budget.
(f) Costs of other insurance not required by program policy, but
maintained by a sponsor for the general conduct of its activities are
allowable with the following limitations:
(1) Types and extent of and cost of coverage are according to sound
institutional and business practices;
(2) Costs of insurance or a contribution to any reserve covering
the risk of loss of or damage to Government-owned property are
unallowable unless the government specifically requires and approves
such costs; and
(3) The cost of insurance on the lives of officers, trustees or
staff is unallowable except where such insurance is part of an employee
plan which is not unduly restricted.
(g) Costs to bring a sponsor into basic compliance with
accessibility requirements for individuals with disabilities are not
allowable costs.
(h) Payments to settle discrimination allegations, either
informally through a settlement agreement or formally as a result of a
decision finding discrimination, are not allowable costs.
(i) Written Corporation State Office approval/concurrence is
required for the following changes in the approved grant:
(1) Change in the approved service area.
(2) Transfer of budgeted line items from Volunteer Expenses to
Support Expenses. This requirement does not apply if the 25 percent
cost reimbursement ratio is maintained.
Subpart H--Non-Corporation Funded Projects
Sec. 2553.81 Under what conditions may an agency or organization
sponsor a RSVP project without Corporation funding?
An eligible agency or organization who wishes to sponsor a RSVP
project without Corporation funding, must sign a Memorandum of
Agreement with the Corporation that:
(a) Certifies its intent to comply with all Corporation
requirements for the Retired and Senior Volunteer Program; and
(b) Identifies responsibilities to be carried out by each party.
Sec. 2553.82 What benefits are a non-Corporation funded project
entitled to?
(a) All technical assistance and materials provided to Corporation-
funded RSVP projects; and
(b) The application of the provisions of 42 U.S.C. 5044 and 5058.
Sec. 2553.83 What financial obligation does the Corporation incur for
non-Corporation funded projects?
Entry into a Memorandum of Agreement with, or issuance of an NGA to
a sponsor of a non-Corporation funded project does not create a
financial obligation on the part of the Corporation for any costs
associated with the project.
Sec. 2553.84 What happens if a non-Corporation funded sponsor does not
comply with the Memorandum of Agreement?
A non-Corporation funded project sponsor's noncompliance with the
Memorandum of Agreement may result in suspension or termination of the
Corporation's agreement and all benefits specified in Sec. 2553.82.
Subpart I--Restrictions and Legal Representation
Sec. 2553.91 What legal limitations apply to the operation of the RSVP
Program and to the expenditure of grant funds?
(a) Political activities. (1) No part of any grant shall be used to
finance, directly or indirectly, any activity to influence the outcome
of any election to public office, or any voter registration activity.
(2) No project shall be conducted in a manner involving the use of
funds, the provision of services, or the employment or assignment of
personnel in a matter supporting or resulting in the identification of
such project with:
(i) Any partisan or nonpartisan political activity associated with
a candidate, or contending faction or group, in an election; or
(ii) Any activity to provide voters or prospective voters with
transportation to the polls or similar assistance in connection with
any such election; or
(iii) Any voter registration activity, except that voter
registration applications and nonpartisan voter registration
information may be made available to the public at the premises of the
sponsor. But in making registration applications and nonpartisan voter
registration information available, employees of the sponsor shall not
express preferences or seek to influence decisions concerning any
candidate, political party, election issue, or voting decision.
(3) The sponsor shall not use grant funds in any activity for the
purpose of influencing the passage or defeat of legislation or
proposals by initiative petition, except:
(i) In any case in which a legislative body, a committee of a
legislative body, or a member of a legislative body requests any
volunteer in, or employee of such a program to draft, review or testify
regarding measures or to make representation to such legislative body,
committee or member; or
(ii) In connection with an authorization or appropriations measure
directly affecting the operation of the RSVP Program.
(b) Nondisplacement of employed workers. A RSVP volunteer shall not
perform any service or duty or engage in any activity which would
otherwise be performed by an employed worker or which would supplant
the hiring of or result in the displacement of employed workers, or
impair existing contracts for service.
(c) Compensation for service. (1) An agency or organization to
which NSSC volunteers are assigned, or which operates or supervises any
NSSC program, shall not request or receive any compensation from NSSC
volunteers or from beneficiaries for services of NSSC volunteers.
(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 the Corporation grant.
(3) A RSVP volunteer station may contribute to the financial
support of the RSVP Program. However, this support shall not be a
required precondition for a potential station to obtain RSVP
volunteers.
(4) If a volunteer station agrees to provide funds to support
additional volunteers or pay for other volunteer support costs, the
agreement shall be stated in a written Memorandum of Understanding. The
sponsor shall withdraw services if the station's inability to provide
monetary or in-kind support to the project under the Memorandum of
Understanding diminishes or jeopardizes the project's financial
capabilities to fulfill its obligations.
(5) Under no circumstances shall a RSVP volunteer receive a fee for
service from service recipients, their legal guardian, members of their
family, or friends.
(d) Labor and anti-labor activity. The sponsor shall not use grant
funds directly or indirectly to finance labor or anti-labor
organization or related activity.
(e) Fair labor standards. A sponsor that employs laborers and
mechanics for construction, alteration, or repair of facilities shall
pay wages at prevailing rates as determined by the Secretary of
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Labor in accordance with the Davis-Bacon Act, as amended, 40 U.S.C.
276a.
(f) Nondiscrimination. A sponsor or sponsor employee shall not
discriminate against a RSVP volunteer on the basis of race, color,
national origin, sex, age, religion, or political affiliation, or on
the basis of disability, if the volunteer with a disability is
qualified to serve.
(g) Religious activities. A RSVP volunteer or a member of the
project staff funded by the Corporation shall not give religious
instruction, conduct worship services or engage in any form of
proselytization as part of his/her duties.
(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 the Corporation.
Sec. 2553.92 What legal coverage does the Corporation make available
to RSVP volunteers?
It is within the Corporation's discretion to determine if Counsel
is employed and counsel fees, court costs, bail and other expenses
incidental to the defense of a 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 the Corporation may pay such expenses are
specified in 45 CFR part 1220.
Dated: March 15, 1999.
Thomas L. Bryant,
Acting General Counsel.
[FR Doc. 99-6632 Filed 3-23-99; 8:45 am]
BILLING CODE 6050-28-P
