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(b) The application shall set forth a budget in appropriate categories such as staff salaries and fringe benefits; foster grandparent stipends and fringe benefits; staff travel; foster grandparent transportation, meals, physical examinations, uniforms or smocks and laundering thereof; supplies; orientation and in-service instruction; equipment; space; and other expenses. Up to 90 percent of the approved budget will be paid from Federal funds. Ten percent or more of the approved budget will be paid from non-Federal sources. Consultative services, other than for orientation and inservice instruction, and space, other than space for project staff and space reserved exclusively for foster grandparent use, cannot be approved in the budget.

(c) The application shall adequately identify the location, objectives and plan of the project and include a budget explanation as well as a budget, copies of agreements or contracts involving the project, staff position descriptions, qualifications of principal staff members, and such other pertinent information as the Secretary may require.

(d) The application shall be executed by a person authorized to act for the applicant to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including the regulations in this part.

(e) Projects to serve an area limited to one community:

(1) A reasonable opportunity shall be given to a community action agency (established under title II, Economic Opportunity Act of 1964) to apply for and receive a grant or contract to administer or supervise the administration of a project to be undertaken entirely in the community served by this agency. It is the preferred applicant for such award.

(2) When the applicant is other than a community action agency, the application must:

(i) Include a document from the community action agency, if such agency exists in the community, giving assurance that it has had, but not availed itself of, the opportunity to apply for and receive such award.

(ii) Contain satisfactory assurance that the project has been developed and will to the extent appropriate be conducted in consultation with, or with the participation of, the community action

agency, if such agency exists in the community.

(3) Not less than 45 days shall be allowed for the State agency to review and make recommendations on a copy of the application.

(f) Projects to serve an area larger than one community.

(1) Preference is given to the State agency as applicant for a grant or contract to administer or supervise the administration of a multiple community or Statewide project by allowing a reasonable opportunity for the State agency to apply for and receive such award.

(2) When the applicant is other than the State agency, that is, a public or private nonprofit agency, the application must:

(i) Include a document from the State agency giving assurance that it has had, but not availed itself of, the opportunity to apply for and receive such award;

assurance

(ii) Contain satisfactory that the project has been developed and will, to the extent appropriate, be conducted in consultation with, or with the participation of, the State agency.

(3) Not less than 45 days shall be allowed for the State agency to review and make recommendations on a copy of the application.

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(a) Within the limits of funds available for the Foster Grandparent Program, the Secretary will award a grant or contract to those applicants whose proposals will in his judgment best serve the purposes of the Act and this part. All awards shall be in writing, shall set forth the amount of funds granted, and shall constitute for such amounts the encumbrance of Federal funds available for such purpose on the date of the award.

(b) Recipients of a grant or contract under this part shall contribute at least 10 percent of the approved budget. § 907.5 Payments.

Payments under this part pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, due to previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions as the Secretary may determine.

§ 907.6 Expenditures.

(a) All expenditures are to be made in accordance with this part and with the budget approved for the project.

(b) Payments received and expenditures made shall be fully recorded by or for the grantee or contractor in accounting records separate from all other fund accounts, including funds derived from other grant or contract awards. § 907.7 Audits.

All fiscal transactions relating to an award under this part by a grantee, contractor, or any other agency administering a project are subject to audit by the Department to determine whether or not expenditures have been made in accordance with the Act, the conditions of the award and this part.

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The grantee, contractor, or any other agency administering a project shall make such reports to the Secretary in such form and containing such information as may be necessary to enable him to perform his functions under this part and shall keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

§ 907.16 Advisory Council.

A Foster Grandparent Program Advisory Council shall be established for each project. Membership of the Advisory Council shall consist of representatives from major private and public agencies and organizations concerned with the best interests of older persons. At least one third of the Advisory Council membership shall be or represent older, low-income persons.

§ 907.17 Approved settings.

Foster grandparents may be placed in settings where children are served only if the agency, institution or other setting has been licensed or otherwise certified by the State to render such & service.

§ 907.18 Eligibility of foster grandpar

ents.

(a) A foster grandparent must be 60 years of age or over.

(b) To receive a stipend as a foster grandparent, the applicant's annual income, other than that received as a foster grandparent, may not exceed the applicable poverty guideline.

(c) The income level causing separation from service as a foster grandparent shall be determined by the local Foster Grandparent Program Advisory Council, but the income may not exceed the applicable poverty guideline by more than 20 percent. Requests for exceptions above 20 percent must be documented for consideration by the Secretary.

§ 907.19 Stipends for foster grandpar

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AUTHORITY: The provisions of this Part 908 issued under secs. 101-705, 81 Stat. 106108, 82 Stat. 1101, 83 Stat. 108-115; 42 U.S.C. 3001 et seq.

SOURCE: The provisions of this Part 908 appear at 35 F.R. 12524, Aug. 5, 1970, unless otherwise noted.

§ 908.1 Advisory Committee on Older Americans.

(a) Appointment and composition. The Advisory Committee on Older Americans shall consist of the Commissioner, who shall be Chairman, and 15 persons not otherwise regular full-time employees of the United States, appointed by the Secretary without regard to the civil service laws. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of aging.

(b) Term of office. Each member of the Advisory Committee shall hold office for a term of 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

(c) Duties. The Advisory Committee on Older Americans will advise the Secretary on matters bearing on his responsibilities under the Act and related activities of his Department.

§ 908.2

Technical advisory committees. The Secretary is authorized to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in carrying out his functions under this Act. § 908.3 Per diem payments.

Members of the Advisory Committee on Older Americans, or of any technical advisory committee appointed under § 908.2 who are not regular full-time employees of the United States, shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee, be entitled to receive compensation at a rate fixed by the Secretary but not exceeding $100 per diem, including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 United States Code for persons in the Government service employed intermittently.

CHAPTER X-OFFICE OF ECONOMIC OPPORTUNITY

Part

1005 Inspection and copying of records; rules for compliance with Public Information Act.

1010 Nondiscrimination in Federally-assisted programs of the Office of Economic Opportunity effectuation of Title VI of the Civil Rights Act of 1964. 1012 General administration and management committees.

1013 General administration and management laws and legal matters. 1015 Standards of conduct for employees.

1026 Contracts and administration.

1042 Assignment, placement, transfer, and supervision of Vista Volunteers. 1050 Vista programs and project management.

1060 General characteristics of Community Action Programs.

1061 Character and scope of specific Community Action Programs.

1067 Funding of Community Action Programs.

1068 Community Action Program grantee financial management.

1069 Community Action Program grantee personnel management.

1070 Community Action Program grantee operations.

1075 State economic opportunity offices and research and pilot programs. 1078 Community Action Program policy and evaluation.

PART 1005-INSPECTION AND COPY

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