[Federal Register: April 14, 2004 (Volume 69, Number 72)]
[Rules and Regulations]
[Page 19774-19776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap04-12]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2552
RIN 3045-AA29
Foster Grandparent Program; Amendments
AGENCY: Corporation for National and Community Service.
[[Page 19775]]
ACTION: Final rule.
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SUMMARY: These amendments to the regulations governing the Foster
Grandparent Program (FGP) modify provisions concerning deductions for
medical expenses and the allowability of certain volunteer expense
items.
The specific amendments are as follows: Section 2552.42(c) is
modified to increase the ceiling on medical expenses that may be
deducted for determining income for eligibility purposes from 15
percent to 50 percent of the applicable income guideline; and
Sec. Sec. 2552.45 and 2552.93(d) are modified to allow project funds,
including the required non-federal share, to be used to reimburse
volunteers for expenses, including transportation costs, incurred while
performing volunteer assignments, and for purchase of equipment or
supplies for volunteers on assignment.
DATES: These amendments are effective as of April 14, 2004.
FOR FURTHER INFORMATION CONTACT: Peter L. Boynton, 202-606-5000, ext.
499.
SUPPLEMENTARY INFORMATION: The Corporation published a notice of
proposed rulemaking (NPRM) for the Foster Grandparent Program, 45 CFR
part 2552, in the Federal Register at 69 FR 6227, dated February 10,
2004.
Summary of Main Comments
In response to the Corporation's invitation in the notice of
proposed rulemaking, the Corporation received 37 responses addressing
the proposed amendments to the Foster Grandparent Program rules. All 37
supported the proposed amendments modifying the medical expense
deduction. Those who provided explanations for why they favored these
amendments generally noted that it would permit a larger number of
individuals with high medical expenses to serve, thus increasing the
number of income-eligible volunteers and broadening their recruitment
potential. Several noted that they have had to turn away volunteers who
were only slightly over income, and this change would have enabled them
to be enrolled. Concerning the amendments that would allow project
funds to be used to reimburse volunteers for certain expenses that now
may be paid only by the volunteer station, 21 responses expressed
support, 1 was undecided due to concern about budgetary implications,
and 15 did not comment. Reasons cited for supporting the amendment
included: (a) The value of increased flexibility to manage funds in
accordance with local needs, (b) the special circumstances of rural
areas, (c) the desire to provide Foster Grandparents with certain
supplies that they can use on any assignment, regardless of the
volunteer station they are assigned to, and (d) the flexibility may be
needed at some future time. Other specific comments and the
Corporation's responses follow:
Comment: In addition to increasing the medical expense deduction,
the income eligibility guidelines for Foster Grandparents should be
increased or eliminated.
Response: The Domestic Volunteer Service Act currently stipulates
that volunteers receiving stipends must have incomes at or below 125%
of the poverty level. This provision may not be changed by regulation.
In ``Principles and Reforms for a Citizen Service Act,'' issued by
President Bush April 9, 2002, the Administration proposed to eliminate
the limits on income of Foster Grandparents receiving stipends. This
continues to be the position of the Administration.
Comment: Expressed concern about how a project would meet any
additional costs associated with paying for assignment-related
volunteer expenses.
Response: Under the modified regulation, grantees are free to
establish their own policies regarding which assignment-related
expenses volunteer stations must be responsible for under the
memorandum of understanding between the grantee and the volunteer
station. For example, a grantee may, if it wishes, decide to continue
to require its volunteer stations to be responsible for all such costs.
However, the modifications give a grantee the flexibility to raise cash
or in-kind contributions specifically to offset assignment-related
costs, if it chooses to do so.
Impact of Various Acts and Executive Orders
After carefully reviewing the changes implemented by this
amendment, and after coordination with the Office of Management and
Budget, it was determined that:
(1) This was a significant regulatory action under section 3(f)(4)
of Executive Order 12866 ``Regulatory Planning and Review'', and
required a review by the Office of Management and Budget;
(2) The Corporation hereby certifies that the Regulatory
Flexibility Act does not apply because there is no ``significant
economic impact on a substantial number of small entities'';
(3) That the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter
25, subchapter II) does not apply because the amendment does not result
in any annual expenditures of $100 million by State, local, Indian
Tribal governments or the private sector;
(4) That the Paperwork Reduction Act does not apply because the
amendments do not impose any additional reporting or record-keeping
requirements;
(5) That the Small Business Regulatory Enforcement Fairness Act of
1996 does not apply because it is not a major rule as defined by
section 251 of the Small Business Regulatory Enforcement Fairness Act
of 1996, and would not result in an annual effect on the economy of
$100 million or more; result in an increase in cost or prices; or have
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets; and
(6) That Executive Order 13132, ``Federalism'' does not apply
because it would not have substantial direct effects on the States or
the relationship between the national government and the States.
List of Subjects in 45 CFR Part 2552
Aged, Grant programs--social programs, Volunteers.
0
For the reasons set forth in the preamble, the Corporation for National
and Community Service amends 45 CFR part 2552 as follows:
PART 2552--FOSTER GRANDPARENT PROGRAM
0
1. The authority citation for part 2552 continues to read as follows:
Authority: 42 U.S.C. 4950 et seq.
Sec. 2552.42 [Amended]
0
2. In Sec. 2552.42(c), remove the phrase ``15 percent'' and add in its
place the phrase ``50 percent''.
0
3. In Sec. 2552.45, add a new paragraph (f), as follows:
Sec. 2552.45 What cost reimbursements are provided to Foster
Grandparents?
* * * * *
(f) Other Volunteer Expenses. Foster Grandparents may be reimbursed
for expenses incurred while performing their volunteer assignments
provided these expenses are described in the Memorandum of
Understanding negotiated with the volunteer station to which the
volunteer is assigned and meet all other requirements identified in the
notice of grant award.
[[Page 19776]]
Sec. 2552.93 [Amended]
0
4. In Sec. 2552.93, remove paragraph (d) and redesignate paragraphs
(e) through (i) as (d) through (h) accordingly.
Dated: April 7, 2004.
Tess Scannell,
Director, National Senior Service Corps.
[FR Doc. 04-8405 Filed 4-13-04; 8:45 am]