98-23301. Foster Grandparent Program  

  • [Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
    [Proposed Rules]
    [Pages 46963-46972]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23301]
    
    
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    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
    
    45 CFR Parts 1208 and 2552
    
    RIN 3045-AA18
    
    
    Foster Grandparent Program
    
    AGENCY: Corporation for National and Community Service.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The Corporation for National and Community Service, 
    (hereinafter the ``Corporation''), proposes to amend the regulations 
    governing the administration of the Foster Grandparent Program (FGP). 
    These amendments will: implement changes in the program's authorizing 
    legislation; establish minimum program requirements with greater 
    clarity; update program operations to make them responsive to changes 
    that have occurred since the regulations were last published; 
    consolidate requirements from outdated sources into one user friendly 
    document; balance increased flexibility with increased responsibility 
    and accountability at the local level; and incorporate new concepts of 
    programming to highlight the accomplishments and impact of senior 
    service.
        The format used is designed to make the requirements easy for local 
    sponsors and project managers to understand. It integrates related 
    topics under one heading for easy reference.
        Upon adoption, the proposed amendments will supersede the old 
    ACTION regulation and FGP Operations Handbook 4405.90 dated January 
    1989.
    
    DATES: Comments must be submitted on or before November 2, 1998.
    
    ADDRESSES: Comments should be sent to the Corporation for National 
    Service, Director, National Senior Service Corps, 1201 New York Avenue, 
    N.W., Washington, D.C., 20525.
    
    FOR FURTHER INFORMATION CONTACT: Rey Tejada at 202-606-5000 ext. 197.
    
    SUPPLEMENTARY INFORMATION: The requirements governing the 
    administration of FGP projects are currently embodied in two documents: 
    45 CFR Part 1208 which was last published in the Federal Register on 
    June 10, 1983, and the FGP Operations Handbook. The proposed amendments 
    will combine all minimum program requirements in one document to make 
    it easier for interested parties to secure basic program information.
        The proposed amendments include modifications to current program 
    requirements including those applicable to: the responsibilities of a 
    FGP sponsor, community participation in local project operations, full-
    time project director, volunteer income eligibility, volunteer service 
    schedule, volunteer leave, client care plans, authority to approve 
    grants, waiver of non-federal support, ratio of volunteer cost 
    reimbursement, and compensation for service.
        The proposed amendments also reflect changes in the program's 
    administrative structure resulting from the merger of the former ACTION 
    agency into the Corporation in April 1994.
    
    Regulatory Flexibility Act and Unfunded Mandate 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 proposed rule will not have a significant impact on 
    small business entities.
        Under the Unfunded Mandates Reform Act of 1995, the Corporation 
    certifies that this proposed 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 proposed regulations have been examined under the Paperwork 
    Reduction Act of 1995 and have been found to contain no information 
    collection requirements.
    
    [[Page 46964]]
    
    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.
    
    Participation in the Rulemaking
    
        The FGP Program Council, a group established to provide advice to 
    the Corporation on program related issues, was consulted, reviewed and 
    gave recommendations on initial drafts of the proposed regulations. 
    Council membership is comprised of FGP project staff and sponsor 
    representatives, as well as selected staff from Corporation field 
    offices. A similar opportunity was given to all Corporation field 
    staff, a group that plays an important role in the implementation of 
    program regulations.
    
                               Distribution Table                           
    ------------------------------------------------------------------------
                                                                  New 45 CFR
                        Old 45 CFR Part 1208                      Part 2552 
    ------------------------------------------------------------------------
    1208.1-1...................................................      2552.11
    1208.2-1...................................................      2552.21
    1208.3-1...................................................      2552.31
    1208.4-1...................................................      2552.41
    1208.5-1...................................................      2252.51
                                                                     2252.61
                                                                     2252.71
                                                                     2252.81
                                                                     2252.91
                                                                    2252.101
                                                                    2252.111
                                                                    2252.121
    ------------------------------------------------------------------------
    
    List of Subjects
    
    45 CFR Part 1208
    
        Aged, Grant programs--social programs, Reporting and recordkeeping 
    requirements, Volunteers.
    
    45 CFR Part 2552
    
        Aged, Grant programs--social programs, Volunteers.
        Accordingly, and under the authority of 42 U.S.C. 12501 et seq., 
    the Corporation proposes to amend 45 CFR chapters XII and XXV as 
    follows:
    
    PART 1208--[REDESIGNATED AS PART 2552]
    
        1. Part 1208 in 45 CFR chapter XII is redesignated as part 2552 in 
    45 CFR chapter XXV and is revised to read as follows:
    
    PART 2552--FOSTER GRANDPARENT PROGRAM
    
    Subpart A--General
    
    Sec.
    2552.11  What is the Foster Grandparent Program?
    2552.12  Definitions.
    
    Subpart B--Eligibility and Responsibilities of a Sponsor
    
    2552.21  Who is eligible to serve as a sponsor?
    2552.22  What are the responsibilities of a sponsor?
    2552.23  What are a sponsor's program responsibilities?
    2552.24  What are a sponsor's responsibilities for securing 
    community participation?
    2552.25  What are a sponsor's administrative responsibilities?
    2552.26  May a sponsor administer more than one program grant from 
    the Corporation?
    
    Subpart C--Suspension and Termination of Corporation Assistance
    
    2552.31  What are the rules on suspension, termination, and denial 
    of refunding of grants?
    
    Subpart D--Foster Grandparent Eligibility, Status and Cost 
    Reimbursements
    
    2552.41  Who is eligible to be a Foster Grandparent?
    2552.42  What income guidelines govern eligibility to serve as a 
    stipended Foster Grandparent?
    2552.43  What is considered income for determining volunteer 
    eligibility?
    2552.44  Is a Foster Grandparent a federal employee, an employee of 
    the sponsor or of the volunteer station?
    2552.45  What cost reimbursements are provided to Foster 
    Grandparents?
    2552.46  May the cost reimbursements of 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?
    
    Subpart E--Foster Grandparent Terms of Service
    
    2552.51  What are the terms of service of a Foster Grandparent?
    2552.52  Under what circumstances may a Foster Grandparent be 
    allowed to serve a modified service schedule?
    2552.53  What factors are considered in determining a Foster 
    Grandparent's service schedule?
    2552.54  Under what circumstances may a Foster Grandparent's service 
    be terminated?
    2552.55  Are Foster Grandparents eligible for leave?
    
    Subpart F--Responsibilities of a Volunteer Station
    
    2552.61  When may a sponsor serve as a volunteer station?
    2552.62  What are the responsibilities of a volunteer station?
    
    Subpart G--Foster Grandparent Placements and Assignments
    
    2552.71  What is the required minimum number of eligible children in 
    a volunteer station?
    2552.72  Must all Foster Grandparent placements be year-round?
    2552.73  What requirements govern the assignment of Foster 
    Grandparents?
    2552.74  Is a written care plan required for each volunteer station 
    and what purpose does it serve?
    
    Subpart H--Children Served
    
    2552.81  What type of children are eligible to be served?
    2552.82  Under what circumstances may a Foster Grandparent continue 
    to serve a child beyond his or her 21st birthday?
    
    Subpart I--Application and Fiscal Requirements
    
    2552.91  Application and award process.
    2552.92  Project funding requirements.
    2552.93  Grants management requirements.
    
    Subpart J--Non-Stipended Foster Grandparents
    
    2552.101  What rule governs the recruitment and enrollment of 
    persons who do not meet the income eligibility guidelines to serve 
    as Foster Grandparents without stipends?
    2552.102  What are the conditions of service of non-stipended Foster 
    Grandparents?
    2552.103  Must a sponsor be required to enroll non-stipended Foster 
    Grandparents?
    2552.104  May Corporation funds be used for non-stipended Foster 
    Grandparents?
    
    Subpart K--Non-Corporation Funded FGP Projects
    
    2552.111  Under what conditions can an agency or organization 
    sponsor a Foster Grandparent project without Corporation funding?
    2552.112  What benefits are a non-Corporation funded project 
    entitled to?
    2552.113  What financial obligation does the Corporation incur for 
    non-Corporation funded projects?
    2552.114  What happens if a non-Corporation funded sponsor does not 
    comply with the Memorandum of Agreement?
    
    [[Page 46965]]
    
    Subpart L--Restrictions and Legal Representation
    
    2552.121  What legal limitations apply to the operation of the 
    Foster Grandparent Program and to the expenditure of grant funds?
    2552.122  What legal coverage does the Corporation make available to 
    Foster Grandparents ?
    
        Authority: 42 U.S.C. 4950 et seq., 5011.
    
    Subpart A--General
    
    
    Sec. 2552.11  What is the Foster Grandparent Program?
    
        The Foster Grandparent Program provides grants to qualified 
    agencies and organizations to engage older persons, particularly those 
    with limited incomes, in volunteer service to meet critical community 
    needs. Program funds are used to support Foster Grandparents in 
    providing supportive, person to person service to children with 
    exceptional or special needs. The program uses the skills and 
    experiences of individuals age 60 and over as a resource to address 
    local needs, and seeks to enrich the lives of older persons through 
    their participation in community service.
    
    
    Sec. 2552.12  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/Volunteer 
    Service Years (VSYs), number of volunteer stations, and the size of the 
    service area.
        (c) Annual income. Total cash receipts from all sources over the 
    preceding 12 months including: the applicant or enrollee's income and, 
    the applicant or enrollee's spouse's income, if the spouse lives in the 
    same residence. The value of shelter, food, and clothing, may be 
    counted if provided at no cost by persons related to the applicant/
    enrollee, or spouse.
        (d) Care plan. A written description of a Foster Grandparent's 
    assignment with a child. The plan defines the goals for the child to be 
    attained through the relationship with a Foster Grandparent and the 
    specific activities to be performed by the Foster Grandparent in the 
    assignment.
        (e) Chief Executive Officer. The Chief Executive Officer of the 
    Corporation appointed under the Trust Act.
        (f) Child. Any individual 21 years of age or under.
        (g) Children having exceptional needs. Children who are 
    developmentally disabled, such as those who are mentally retarded, 
    autistic, have cerebral palsy or epilepsy or are visually impaired, 
    speech impaired, hearing impaired, orthopedically impaired, have 
    multiple disabilities, are emotionally disturbed or have a language 
    disorder, specific learning disability or other significant health 
    impairment. Existence of a child's exceptional need shall be verified 
    by an appropriate professional, such as a physician, psychiatrist, 
    psychologist, registered nurse or licensed practical nurse, speech 
    therapist or educator before a Foster Grandparent is assigned to the 
    child.
        (h) Children with special needs. Children who are abused or 
    neglected; in need of foster care; adjudicated youth; homeless youths; 
    certain teen-age parents; and children in need of protective 
    intervention in their homes. Existence of a child's special need shall 
    be verified by an appropriate professional before a Foster Grandparent 
    is assigned to the child.
        (i) Corporation. The Corporation for National and Community Service 
    established under the Trust Act. The Corporation is also sometimes 
    referred to as ``CNCS''.
        (j) Cost Reimbursements. Reimbursements provided to volunteers such 
    as stipends to cover incidental costs, meals, and transportation, to 
    enable them to serve without cost to themselves. Also included are the 
    costs of annual physical examinations, volunteer insurance and 
    recognition which are budgeted as Volunteer Expenses.
        (k) In-home. The non-institutional assignment of a Foster 
    Grandparent in a private residence or a foster home.
        (l) Letter of Agreement. A written agreement between a volunteer 
    station, the sponsor and the parent or persons legally responsible for 
    the child served by the Foster Grandparent. It authorizes the 
    assignment of a Foster Grandparent in the child's home, defines the 
    Foster Grandparent's activities and delineates specific arrangements 
    for supervision.
        (m) Memorandum of Understanding. A written statement prepared and 
    signed by the Foster Grandparent project sponsor and the volunteer 
    station that identifies project requirements, working relationships and 
    mutual responsibilities.
        (n) National Senior Service Corps (NSSC). The collective name for 
    the Foster Grandparent Program (FGP), the Retired and Senior Volunteer 
    Program (RSVP), the Senior Companion Program (SCP), and Demonstration 
    Programs established under Title II Parts A, B, C, and E, of the Act. 
    NSSC is also referred to as the ``Senior Corps''.
        (o) 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.
        (p) Non-Corporation Support (Excess). The amount of non-Federal 
    cash and in-kind contributions generated by a sponsor in excess of the 
    required percentage.
        (q) Parent. A natural parent or a person acting in place of a 
    natural parent, such as a guardian, a child's natural grandparent, or a 
    step-parent with whom the child lives. The term also includes otherwise 
    unrelated individuals who are legally responsible for a child's 
    welfare.
        (r) Project. The locally planned and implemented Foster Grandparent 
    Program activity or set of activities as agreed upon between a sponsor 
    and the Corporation.
        (s) Qualified Individual With a Disability. An individual with a 
    disability who, with or without reasonable accommodation, can perform 
    the essential functions of a volunteer position that such individual 
    holds or desires. For purposes of the Americans With Disabilities Act, 
    consideration shall be given to a sponsor's or volunteer station's 
    judgment as to what functions of a volunteer position are essential. If 
    a sponsor has prepared a written description before advertising or 
    interviewing applicants for the position, the written description shall 
    be considered evidence of the essential functions of the volunteer 
    position. This definition includes an individual with a physical or 
    mental impairment as defined in section 101(8) of the Americans With 
    Disabilities Act of 1990 (42 U.S.C. 12111(8)).
        (t) Service Area. The geographically defined area in which Foster 
    Grandparents are recruited, enrolled, and placed on assignments.
        (u) Service Schedule. A written delineation of the days and times a 
    Foster Grandparent serves each week.
        (v) Sponsor. A public agency or private nonprofit organization that 
    is responsible for the operation of a Foster Grandparent project.
        (w) Stipend. A payment to Foster Grandparents to enable them to 
    serve without cost to themselves. The amount of the stipend is 
    determined by the Corporation and is payable in regular installments. 
    The minimum amount of the stipend is set by law and shall be adjusted 
    by the CEO from time to time.
        (x) Trust Act. The National and Community Service Trust Act of 
    1993,
    
    [[Page 46966]]
    
    Pub. L. 103-82, Sept. 21, 1993, 107 Stat. 785.
        (y) 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.
        (z) Volunteer Station. A public agency, private nonprofit 
    organization or proprietary health care agency or organization that 
    accepts the responsibility for assignment and supervision of Foster 
    Grandparents in health, education, social service or related settings 
    such as private homes, hospitals, homes for dependent and neglected 
    children, 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.
    
    Subpart B--Eligibility and Responsibilities of a Sponsor
    
    
    Sec. 2552.21  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 Foster 
    Grandparent project.
    
    
    Sec. 2552.22  What are the responsibilities of a sponsor?
    
        A sponsor is responsible for fulfilling all project management 
    requirements necessary to accomplish the purposes of the Foster 
    Grandparent Program as specified in the Act. A sponsor shall not 
    delegate or contract these responsibilities to another entity. A 
    sponsor shall comply with all program regulations and policies, and 
    grant provisions prescribed by the Corporation.
    
    
    Sec. 2552.23  What are a sponsor's program responsibilities?
    
        A sponsor shall:
        (a) Focus Foster Grandparent resources on critical problems 
    affecting children with special and exceptional needs within the 
    project's service area.
        (b) Assess on an ongoing basis or collaborate with other community 
    organizations in the assessment of the needs of the client population 
    in the community and develop strategies to respond to those needs using 
    the resources of Foster Grandparents.
        (c) Develop and manage a system of volunteer stations 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 Foster 
    Grandparents;
        (2) Ensuring that the placement of Foster Grandparents, will be 
    governed by a Memorandum of Understanding:
        (i) That is negotiated prior to placement;
        (ii) That specifies the mutual responsibilities of the station and 
    sponsor; and
        (iii) That is renegotiated at least every three years;
        (3) Reviewing volunteer placements regularly to ensure that clients 
    are eligible to be served.
        (d) Develop Foster Grandparent service opportunities to support 
    locally-identified needs of eligible children in a way that consider 
    the skills and experiences of Foster Grandparents.
        (e) Consider the demographic make-up of the project service area in 
    the enrollment of Foster Grandparents, taking special efforts to 
    recruit eligible individuals from minority groups, persons with 
    disabilities, and under-represented groups.
        (f) Provide Foster Grandparents: with assignments that show direct 
    and demonstrable benefits to the children and the community served, the 
    Foster Grandparents, and the volunteer station; with required cost 
    reimbursements specified in Sec. 2552.45; with the opportunity to serve 
    year-round; with not less than 40 hours of pre-service orientation and 
    4 hours of monthly 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 Corporation 
    programs.
        (h) Conduct an annual appraisal of volunteers' performance and 
    annual review of their income eligibility.
        (i) Develop, and regularly update, a strategic plan that includes 
    the sponsor's vision and goals for the project.
        (j) Develop, and annually update, a plan for promoting senior 
    service within the project's service area.
        (k) Annually assess the accomplishments and impact of the project 
    on the identified needs and problems of the client population in the 
    community.
        (l) Establish written service policies for Foster Grandparents that 
    include but are not limited to annual and sick leave, holidays, service 
    schedules, termination, appeal procedures, meal and transportation 
    reimbursements.
    
    
    Sec. 2552.24  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 of human and social needs of the community;
        (2) Competent in the field of community service, volunteerism and 
    children's issues;
        (3) Capable of helping the sponsor meet its administrative and 
    program responsibilities including fund-raising, publicity and 
    programming for impact;
        (4) With 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 such participation shall be secured 
    consistent with the provisions of paragraphs (a)(1) through (a)(5) of 
    this section.
    
    
    Sec. 2552.25  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) Develop a written delegation of authority that carefully 
    defines and clearly delineates project roles and responsibilities 
    retained by the sponsor from those delegated to project staff.
        (c) Provide levels of staffing and resources appropriate to 
    accomplish the purposes of the project and carry out those project 
    management responsibilities outlined in the above mentioned delegation 
    of authority and provide necessary administrative support to such 
    project staff.
        (d) 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 justify that such an arrangement will result in 
    cost savings applied proportionately to both federal and non-federal 
    funds without adversely affecting the size, scope, and quality of 
    project operations.
    
    [[Page 46967]]
    
        (e) Consider all project staff as sponsor employees subject to its 
    personnel policies and procedures.
        (f) Compensate project staff at a level that is comparable with 
    other similar staff positions in the sponsor organization and/or 
    project service area.
        (g) Establish risk management policies and procedures covering 
    project and Foster Grandparent activities. This includes provision of 
    appropriate insurance coverage for Foster Grandparents, vehicles and 
    other properties used in the project.
        (h) Establish record keeping/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.
        (i) 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. 2552.26  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 and Termination of Corporation Assistance
    
    
    Sec. 2552.31  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/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 
    ensure 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 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 Foster Grandparent Program are specified 
    in 45 CFR part 1206.
    
    Subpart D--Foster Grandparent Eligibility, Status and Cost 
    Reimbursements
    
    
    Sec. 2552.41  Who is eligible to be a Foster Grandparent?
    
        (a) To be a Foster Grandparent an individual must:
        (1) Be 60 years of age or older;
        (2) Be determined by a physical examination to be capable, with or 
    without reasonable accommodation of serving children with exceptional 
    or special needs without detriment to either themselves or the children 
    served;
        (3) Be able and available to perform service on a year round basis;
        (4) Agree to abide by all requirements as set forth in this part; 
    and
        (5) In order to receive a stipend, have an income that is within 
    the income eligibility guidelines specified in this subpart.
        (b) Eligibility to be a Foster Grandparent shall not be restricted 
    on the basis of formal education, experience, race, religion, color, 
    national origin, sex, age, handicap, or political affiliation.
    
    
    Sec. 2552.42  What income guidelines govern eligibility to serve as a 
    stipended Foster Grandparent?
    
        (a) To be enrolled and receive a stipend, a Foster Grandparent 
    cannot have an annual income from all sources, after deducting 
    allowable medical expenses, which exceeds the program's income 
    eligibility guideline for the state in which he or she resides. The 
    income eligibility guideline for each state is the higher amount of 
    either:
        (1) 125 percent of the poverty line as set forth in 42 U.S.C. 9902 
    (2); or
        (2) 135 percent of the poverty line, in those primary metropolitan 
    statistical areas (PMSA), metropolitan statistical areas (MSA) and non-
    metropolitan counties identified by the Corporation as being higher in 
    cost of living, as determined by application of the Volunteers in 
    Service to America (VISTA) subsistence rates. In Alaska the guideline 
    may be waived by the Corporation State Director if a project 
    demonstrates that low-income individuals in that location are 
    participating in the project.
        (b) Annual income is counted for the past 12 months and includes 
    the applicant or enrollee's income and that of his/her spouse, if the 
    spouse lives in the same residence. Sponsors should also count the 
    value of shelter, food, and clothing, if provided at no cost by persons 
    related to the applicant, enrollee, or spouse.
        (c) Allowable medical expenses are annual out-of-pocket medical 
    expenses for health insurance premiums, health care services, and 
    medications provided to the applicant, enrollee, or spouse which were 
    not and will not be paid by Medicare, Medicaid, other insurance, or 
    other third party pay or, and which do not exceed 15 percent of the 
    applicable income guideline.
        (d) Applicants whose income is not more than 100 percent of the 
    poverty line shall be given special consideration for enrollment.
        (e) Once enrolled, a Foster Grandparent shall remain eligible to 
    serve and to receive a stipend so long as his or her income, does not 
    exceed the applicable income eligibility guideline by 20 percent.
    
    
    Sec. 2552.43  What is considered income for determining volunteer 
    eligibility?
    
        (a) For determining eligibility, ``income'' refers to total cash 
    receipts before taxes from all sources including:
        (1) Money, wages, and salaries before any deduction, but not 
    including food or rent in lieu of wages;
        (2) Receipts from self-employment or from a farm or business after 
    deductions for business or farm expenses;
        (3) Regular payments for public assistance, Social Security, 
    Unemployment or Workers Compensation, strike benefits, training 
    stipends, alimony, child support, and military family allotments, or 
    other regular support from an absent family member or someone not 
    living in the household;
        (4) Government employee pensions, private pensions, and regular 
    insurance or annuity payments; and
        (5) Income from dividends, interest, net rents, royalties, or 
    income from estates and trusts.
        (b) For eligibility purposes, income does not refer to the 
    following money receipts:
        (1) Any assets drawn down as withdrawals from a bank, sale of
    
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    property, house or car, tax refunds, gifts, one-time insurance payments 
    or compensation from injury.
        (2) Non-cash income, such as the bonus value of food and fuel 
    produced and consumed on farms and the imputed value of rent from 
    owner-occupied farm or non-farm housing.
    
    
    Sec. 2552.44  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, the Corporation, or the Federal 
    Government.
    
    
    Sec. 2552.45  What cost reimbursements are provided to Foster 
    Grandparents?
    
        Cost reimbursements include:
        (a) Stipend. A Foster Grandparent who is income eligible will 
    receive a stipend in an amount determined by the Corporation and 
    payable in regular installments, to enable them to serve without cost 
    to themselves. The stipend is paid for the time Foster Grandparents 
    spend with their assigned children, for earned leave, and for 
    attendance at official project events.
        (1) Foster Grandparents who are income eligible and are related to 
    each other are entitled to receive a stipend if they live in 
    independent or separate households. One eligible member of a family 
    from the same household is entitled to receive a stipend. Additional 
    members from such families who are income eligible are entitled to 
    other cost reimbursements payable from grant funds.
        (2) Only in cases where Foster Grandparents or Senior Companions 
    marry after enrollment in the program, may each continue to receive a 
    stipend, provided that they remain income eligible.
        (b) Insurance. A Foster Grandparent is provided with the 
    Corporation-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 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 Foster 
    Grandparents who drive in connection with their service, protection is 
    provided against claims in excess of the greater of either:
        (A) Liability insurance 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) 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 the Corporation.
        (c) Transportation. Foster Grandparents may receive assistance with 
    the cost of transportation to and from volunteer assignments and 
    official project activities, including orientation, training, and 
    recognition events.
        (d) Physical examination. Foster Grandparents are provided a 
    physical examination prior to assignment and annually thereafter; to 
    ensure that they will be able to provide supportive service without 
    injury to themselves or the children served.
        (e) Meals and recognition. Foster Grandparents are provided the 
    following within limits of the project's available resources:
        (1) Assistance with the cost of meals taken while on assignment; 
    and
        (2) Recognition for their service.
    
    
    Sec. 2552.46  May the cost reimbursements of 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 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 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.
    
    Subpart E--Foster Grandparent Terms of Service
    
    
    Sec. 2552.51  What are the terms of service of a Foster Grandparent?
    
        (a) A Foster Grandparent usually serves a total of twenty hours a 
    week.
        (b) Up to 20 percent of a project's budgeted Volunteer Service 
    Years (VSYs) may support volunteers serving an average of 20 hours per 
    week provided that the total for each volunteer is 80 hours for each 
    four week period served. No volunteer covered by this provision shall 
    serve less than two or more than eight hours per day.
        (c) Foster Grandparent service shall not be performed in fewer than 
    three days, or more than five days a week.
        (d) A Foster Grandparent shall not serve more than 1044 hours per 
    budget year.
    
    
    Sec. 2552.52  Under what circumstances may a Foster Grandparent be 
    allowed to serve a modified service schedule?
    
        Foster Grandparents who have served at least ten years in the 
    program, and are determined by a medical examination to have physical 
    limitations that prevent them from meeting the terms of service 
    specified in Sec. 2552.51 may be allowed to serve a modified schedule 
    of not less than 10 hours a week for a period not to exceed two years 
    from the time such a determination is made.
    
    
    Sec. 2552.53  What factors are considered in determining a Foster 
    Grandparent's service schedule?
    
        (a) Travel time between the Foster Grandparent's home and place of 
    assignment is not part of the service schedule and is not stipended.
        (b) Travel time between individual assignments is a part of the 
    service schedule and is stipended.
        (c) Meal time may be part of the service schedule and is stipended 
    only if it is specified in the care plan as part of the service 
    activity.
    
    
    Sec. 2552.54  Under what circumstances may a Foster Grandparent's 
    service be terminated?
    
        (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; inability to perform 
    assignments; and failure to accept supervision. A Foster Grandparent 
    may also be removed from service for having income in excess of the 
    eligibility level.
        (b) The sponsor shall establish appropriate policies on service 
    termination as well as procedures for appeal from such adverse action.
    
    
    Sec. 2552.55  Are Foster Grandparents eligible for leave?
    
        (a) Foster Grandparents are provided a reasonable amount of 
    stipended leave which cannot exceed four hours of annual, and two hours 
    of sick leave, for each month of service under the terms specified in 
    Sec. 2552.51. Leave amounts should be adjusted for Foster Grandparents 
    serving modified service schedules.
    
    [[Page 46969]]
    
        (b) Accrued stipended leave must be used within the budget period 
    in which it was earned.
        (c) Foster Grandparents unable to travel to assignments due to 
    natural catastrophes or weather emergencies declared by appropriate 
    authorities in the service area may be granted stipended leave for the 
    duration of the emergency with proper documentation from the sponsor.
    
    Subpart F--Responsibilities of a Volunteer Station
    
    
    Sec. 2552.61  When may a sponsor serve as a volunteer station?
    
        (a) A sponsor may function as a volunteer station if it is:
        (1) A State organization administering a statewide Foster 
    Grandparent project where the volunteer station is part of the State 
    organization; or
        (2) A Federal or State-recognized Indian tribal government.
        (b) Other sponsors not included in the categories specified in 
    paragraphs (a)(1) and (a)(2) of this section, can serve as a volunteer 
    station provided that no more than 20 percent of its budgeted VSYs can 
    be placed in programs administered by such sponsors.
    
    
    Sec. 2552.62  What are the responsibilities of a volunteer station?
    
        A volunteer station shall undertake the following responsibilities 
    in support of Foster Grandparent volunteers:
        (a) Develop volunteer assignments that meet the requirements 
    specified in Secs. 2552.71 through 2552.74 and regularly assess those 
    assignments for continued appropriateness.
        (b) Select eligible children for assigned volunteers.
        (c) Develop a written care plan for each child specifying the needs 
    of the child and the role and activities of the Foster Grandparent.
        (d) Obtain a Letter of Agreement for Foster Grandparents assigned 
    in-home. In cases where the confidentiality of clients needs to be 
    protected, a modified document that does not reveal client identities 
    shall be used.
        (e) Provide Foster Grandparents serving the station with:
        (1) Orientation to the station and any in-service training 
    necessary to enhance performance of assignments;
        (2) Resources required for performance of assignments including 
    reasonable accommodation; and
        (3) Appropriate recognition.
        (f) Designate a staff member to oversee fulfillment of station 
    responsibilities and supervision of Foster Grandparents while on 
    assignment.
        (g) Keep records and prepare reports required by the sponsor.
        (h) Provide for the safety of Foster Grandparents assigned to it.
        (i) Comply with all applicable civil rights laws and regulations 
    including reasonable accommodation for Foster Grandparents with 
    disabilities.
        (j) Undertake such other responsibilities as may be necessary to 
    the successful performance of Foster Grandparents in their assignments 
    or as agreed to in the Memorandum of Understanding.
    
    Subpart G--Foster Grandparent Placements and Assignments
    
    
    Sec. 2552.71  What is the required minimum number of eligible children 
    in a volunteer station?
    
        A volunteer station must have a minimum of four eligible children 
    with critical priority needs to accommodate the services of two or more 
    Foster Grandparents.
    
    
    Sec. 2552.72  Must all Foster Grandparent placements be year-round?
    
        Priority shall be given to volunteer stations that can place Foster 
    Grandparents year round. If a volunteer station does not operate on a 
    year-round basis, a sponsor shall develop alternate placements for the 
    Foster Grandparents assigned to the volunteer station when it is not in 
    operation.
    
    
    Sec. 2552.73  What requirements govern the assignment of Foster 
    Grandparents?
    
        Foster Grandparent assignments shall:
        (a) Provide for Foster Grandparents to give direct services to one 
    or more eligible children. Foster Grandparents 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.
        (b) Result in person-to-person supportive relationships with each 
    child served.
        (c) Support the development and growth of each child served.
        (d) Be meaningful to the Foster Grandparent.
        (e) Be supported by appropriate orientation, training and 
    supervision.
    
    
    Sec. 2552.74  Is a written care plan required for each volunteer 
    station and what purpose does it serve?
    
        (a) All Foster Grandparents shall receive a written care plan 
    developed by the volunteer station that:
        (1) Is approved by the sponsor and accepted by the Foster 
    Grandparent;
        (2) Identifies the individual child(ren) to be served;
        (3) Identifies each child's needs and the role and activities of 
    the Foster Grandparent;
        (4) Addresses the period of time each child should receive such 
    services; and
        (5) Is used to review the status of the Foster Grandparent's 
    services in working with the assigned child, as well as the impact of 
    the assignment on the child's development.
        (b) A generic care plan may be used in cases when client turnover 
    occurs on a daily, or weekly basis, or when clients served suffer from 
    identical or similar illnesses or disabilities.
    
    Subpart H--Children Served
    
    
    Sec. 2552.81  What type of children are eligible to be served?
    
        Foster Grandparents serve only children and youth with special and 
    exceptional needs who are 21 years of age or under.
    
    
    Sec. 2552.82  Under what circumstances may a Foster Grandparent 
    continue to serve a child beyond his or her 21st birthday?
    
        (a) Only when a Foster Grandparent has been assigned to, and has 
    developed a relationship with, a mentally retarded child, that 
    assignment may continue beyond the child's 21st birthday, provided 
    that:
        (1) Such child was receiving such services prior to attaining the 
    chronological age of 21, and the continuation of service is in the best 
    interest of the child; and
        (2) The sponsor determines that it is in the best interest of both 
    the Foster Grandparent and the child for the assignment to continue. 
    Such a determination will be made through mutual agreement by all 
    parties involved in the provision of services to the child served.
        (b) In cases where the assigned Foster Grandparent becomes 
    unavailable to serve a particular child, the sponsor may select another 
    Foster Grandparent to continue the service.
        (c) The sponsor may terminate service to a mentally retarded child 
    over age 21, if it determines that such service is no longer in the 
    best interest of either the Foster Grandparent or the child served.
    
    Subpart I--Application and Fiscal Requirements
    
    
    Sec. 2552.91  Application and award process.
    
        (a) How and when may an eligible organization apply for a grant?
        (1) An eligible organization may file an application for a grant at 
    any time.
        (2) Before submitting an application an applicant shall determine 
    the availability of funds from the Corporation.
        (3) The Corporation may also solicit grants. Applicants solicited 
    under this provision are not assured of selection or approval and may 
    have to compete with
    
    [[Page 46970]]
    
    other solicited or unsolicited applications.
        (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 ``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 an 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 Notice of Grant 
    Award (NGA).
        (2) The Corporation 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 the Corporation's obligation to provide 
    financial support to the sponsor.
        (d) What happens if the Corporation rejects an application? The 
    Corporation will return an application that is not approved for funding 
    to the applicant with an explanation of the Corporation's decision.
        (e) For what period of time does the Corporation award a grant? The 
    Corporation awards a Foster Grandparent grant for a specified period 
    that is usually 12 months in duration.
    
    
    Sec. 2552.92  Project funding requirements.
    
        (a) Is non-Corporation support required? A Corporation 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 the Corporation allow less than 
    the 10 percent non-Corporation support? The Corporation may allow 
    exceptions to the 10 percent local support requirement 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 restricts or reduces 
    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 10 percent non-Corporation 
    support required? Whenever locally generated contributions to Foster 
    Grandparent projects are in excess of the minimum 10 percent non-
    Corporation support required, 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 in support of the grant, 
    are subject to audit by the Corporation, its Inspector General or their 
    authorized agents.
        (e) How are Foster Grandparent cost reimbursements budgeted? The 
    total of cost reimbursements for Foster Grandparents, including 
    stipends, insurance, transportation, meals, physical examinations, and 
    recognition, shall be a sum equal to at least 80 percent of the amount 
    of the federal share of the grant award. Federal, required and excess 
    non-Corporation resources can be used to make up the amount allotted 
    for cost reimbursements.
        (f) May a sponsor pay stipends at a rate different than the rate 
    established by the Corporation? A sponsor shall pay stipends at the 
    same rate as that established by the Corporation.
    
    
    Sec. 2552.93  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 Requirements for Grants and 
    Cooperative Agreements with 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 Institutions of Higher Education'', A-87, ``Cost 
    Principles for State and Local Governments'', A-122, ``Cost Principles 
    for Non-Profit Organizations'', and A-133, ``Audits of Institutions of 
    Higher Education and Other Non-Profit Organizations'' (OMB circulars 
    are available at the following address: Office of Administration, 
    Publication Office, 725 17th Street, N.W., Room 2200, Washington, D.C. 
    20503.); 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 necessary and essential to project operation.
        (d) Other than reimbursement for meals during a normal meal period, 
    project funds shall not be used to reimburse volunteers for expenses, 
    including transportation costs, incurred while performing their 
    volunteer assignments. 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, and are not an allowable grant 
    cost.
        (e) Volunteer expense items, including transportation, meals, 
    recognition activities and items purchased at the volunteers' own 
    expense and which 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 approval/concurrence is required for the
    
    [[Page 46971]]
    
    following changes in the approved grant:
        (1) Reduction in budgeted volunteer service years.
        (2) Change in the service area.
        (3) Transfer of budgeted line items from Volunteer Expenses to 
    Support Expenses. This requirement does not apply if the 80 percent 
    volunteer cost reimbursement ratio is maintained.
    
    Subpart J--Non-Stipended Foster Grandparents
    
    
    Sec. 2552.101  What rule governs the recruitment and enrollment of 
    persons who do not meet the income eligibility guidelines to serve as 
    Foster Grandparents without stipends?
    
        Over-income persons, age 60 or over, may be enrolled in FGP 
    projects as non-stipended volunteers in communities where there is no 
    RSVP project or where agreement is reached with the RSVP project that 
    allows for the enrollment of non-stipended volunteers in the FGP 
    project.
    
    
    Sec. 2552.102  What are the conditions of service of non-stipended 
    Foster Grandparents?
    
        Non-stipended Foster Grandparents serve under the following 
    conditions:
        (a) They must not displace or prevent eligible low-income 
    individuals from becoming Foster Grandparents.
        (b) No special privilege or status is granted or created among 
    Foster Grandparents, stipended or non-stipended, and equal treatment is 
    required.
        (c) Training, supervision, and other support services and cost 
    reimbursements, other than the stipend, are available equally to all 
    Foster Grandparents.
        (d) All regulations and requirements applicable to the program, 
    with the exception listed in paragraph (f) of this section, apply to 
    all Foster Grandparents.
        (e) Non-stipended Foster Grandparents may be placed in separate 
    volunteer stations where warranted.
        (f) Non-stipended Foster Grandparents will be encouraged but not 
    required to serve 20 hours per week and 50 weeks per year. Foster 
    Grandparents will maintain a close person-to-person relationship with 
    their assigned children on a regular basis.
        (g) Non-stipended Foster Grandparents may contribute the costs they 
    incur in connection with their participation in the program. Such 
    contributions are not counted as part of the required non-federal share 
    of the grant but may be reflected in the budget column for excess non-
    federal resources.
    
    
    Sec. 2552.103  Must a sponsor be required to enroll non-stipended 
    Foster Grandparents?
    
        Enrollment of non-stipended Foster Grandparents is not a factor in 
    the award of new or renewal grants.
    
    
    Sec. 2552.104  May Corporation funds be used for non-stipended Foster 
    Grandparents?
    
        Federally appropriated funds for FGP shall not be used to pay any 
    cost, including any administrative cost, incurred in implementing the 
    regulations in this part for non-stipended Foster Grandparents.
    
    Subpart K--Non-Corporation Funded FGP Projects
    
    
    Sec. 2552.111  Under what conditions can an agency or organization 
    sponsor a Foster Grandparent project without Corporation funding?
    
        An eligible agency or organization who wishes to sponsor a Foster 
    Grandparent 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 Foster Grandparent Program; and
        (b) Identifies responsibilities to be carried out by each party.
    
    
    Sec. 2552.112  What benefits are a non-Corporation funded project 
    entitled to?
    
        The Memorandum of Agreement entitles the sponsor of a non-
    Corporation funded project to:
        (a) All technical assistance and materials provided to Corporation-
    funded Foster Grandparent projects; and
        (b) The application of the provisions of Section 404 (f)(1) and 
    Section 418 of the Act.
    
    
    Sec. 2552.113  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 
    an sponsor of non-Corporation funded project, does not create a 
    financial obligation on the part of the Corporation for any costs 
    associated with the project, including increases in required payments 
    to Foster Grandparents that may result from changes in the Act or in 
    program regulations.
    
    
    Sec. 2552.114  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 shall result in suspension or termination of 
    the Corporation's agreement and all benefits specified in 
    Sec. 2552.112.
    
    Subpart L--Restrictions and Legal Representation
    
    
    Sec. 2552.121  What legal limitations apply to the operation of the 
    Foster Grandparent 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 such 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 Foster Grandparent Program.
        (b) Non-displacement of employed workers. A Foster Grandparent 
    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
    
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    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 Foster Grandparent volunteer station may contribute to the 
    financial support of the Foster Grandparent Program. However, this 
    support shall not be a required precondition for a potential station to 
    obtain or retain Foster Grandparent service. If a volunteer station 
    agrees to provide funds to support additional Foster Grandparents or 
    pay for other Foster Grandparent support costs, the agreement shall be 
    stated in a written memorandum of understanding.
        (4) The sponsor shall withdraw services if the station's inability 
    to provide monetary or in-kind support to the project diminishes or 
    jeopardizes the project's financial capabilities to fulfill its 
    obligations.
        (5) Under no circumstances shall a Foster Grandparent 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 Labor 
    in accordance with the Davis-Bacon Act, as amended.
        (f) Nondiscrimination. A sponsor or sponsor employee shall not 
    discriminate against a Foster Grandparent on the basis of race, color, 
    national origin, sex, age, religion, or political affiliation, or on 
    the basis of disability, if the Foster Grandparent with a disability is 
    qualified to serve.
        (g) Religious activities. A Foster Grandparent 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 or 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 community group established by 
    the sponsor under Subpart B of this part and with notification to the 
    Corporation.
    
    
    Sec. 2552.122  What legal coverage does the Corporation make available 
    to Foster Grandparents?
    
        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 Foster Grandparent is paid in a 
    criminal, civil or administrative proceeding, when such a proceeding 
    arises directly out of performance of the Foster Grandparent's 
    activities. The circumstances under which the Corporation may pay such 
    expenses are specified in 45 CFR part 1220.
    
        Dated: August 25, 1998.
    Thomas L. Bryant,
    Acting General Counsel.
    [FR Doc. 98-23301 Filed 9-2-98; 8:45 am]
    BILLING CODE 6050-28-P
    
    
    

Document Information

Published:
09/03/1998
Department:
Corporation for National and Community Service
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
98-23301
Dates:
Comments must be submitted on or before November 2, 1998.
Pages:
46963-46972 (10 pages)
RINs:
3045-AA18: Foster Grandparent Program
RIN Links:
https://www.federalregister.gov/regulations/3045-AA18/foster-grandparent-program
PDF File:
98-23301.pdf
CFR: (51)
45 CFR 2552.101
45 CFR 2552.102
45 CFR 2552.103
45 CFR 2552.104
45 CFR 2552.111
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