[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 46954-46963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23300]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1207 and 2551

RIN 3045-AA17


Senior Companion 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 Senior Companion Program (SCP). 
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consolidate requirements from outdated sources into one user friendly 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.

[[Page 46955]]

    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 regulations and the SCP Operations Handbook.

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, 
NW, Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Rey Tejada at 202-606-5000, ext. 197.

SUPPLEMENTARY INFORMATION: The requirements governing the 
administration of SCP projects are currently embodied in two documents: 
45 CFR Part 1207 which was last published in the Federal Register on 
June 10, 1983, and the SCP Operations Handbook. The proposed amendments 
will combine all minimum program requirements in just 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 
SCP sponsor, community participation in local project operations, full-
time project director, volunteer income eligibility, volunteer service 
schedule, volunteer leave, client care plan, 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.

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 SCP 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 SCP 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 
                     Old 45 CFR part 1207                       CFR part
                                                                  2551  
------------------------------------------------------------------------
1207.1-1.....................................................    2551.11
1207.2-1.....................................................    2551.21
1207.3-1.....................................................    2251.31
1207.4-1.....................................................    2251.41
1207.5-1.....................................................    2251.51
                                                                 2251.61
                                                                 2251.71
                                                                 2251.81
                                                                 2251.91
                                                                2251.101
                                                                2251.111
                                                                2251.121
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List of Subjects

45 CFR Part 1207

    Aged, Grant programs--social programs, Reporting and recordkeeping 
requirements, Volunteers.

45 CFR Part 2551

    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 1207--[REDESIGNATED AS PART 2551]

    1. Part 1207 in 45 CFR chapter XII is redesignated as part 2551 in 
45 CFR chapter XXV and is revised to read as follows:

PART 2551--SENIOR COMPANION PROGRAM

Subpart A--General

Sec.
2551.11  What is the Senior Companion Program?
2551.12  Definitions.

Subpart B--Eligibility and Responsibilities of a Sponsor

2551.21  Who is eligible to serve as a sponsor?
2551.22  What are the responsibilities of a sponsor?
2551.23  What are a sponsor's program responsibilities?
2551.24  What are a sponsor's responsibilities for securing 
community participation?
2551.25  What are a sponsor's administrative responsibilities?
2551.26  May a sponsor administer more than one program grant from 
the Corporation?

Subpart C--Suspension and Termination of Corporation Assistance

2551.31  What are the rules on suspension, termination, and denial 
of refunding of grants?

Subpart D--Senior Companion Eligibility, Status, and Cost 
Reimbursements

2551.41  Who is eligible to be a Senior Companion?
2551.42  What income guidelines govern eligibility to serve as a 
stipended Senior Companion?
2551.43  What is considered income for determining volunteer 
eligibility?
2551.44  Is a Senior Companion a federal employee, an employee of 
the sponsor or of the volunteer station?
2551.45  What cost reimbursements are provided to Senior Companions?
2551.46  May the cost reimbursements of a Senior Companion be 
subject to any tax or charge, be treated as wages or compensation, 
or affect eligibility to receive assistance from other programs?

[[Page 46956]]

Subpart E--Senior Companion Terms of Service

2551.51  What are the terms of service of a Senior Companion?
2551.52  Under what circumstances may a Senior Companion be allowed 
to serve a modified service schedule?
2551.53  What factors are considered in determining a Senior 
Companion's service schedule?
2551.54  Under what circumstances may a Senior Companion's service 
be terminated?
2551.55  Are Senior Companions eligible for leave?

Subpart F--Responsibilities of a Volunteer Station

2551.61  When may a sponsor serve as a volunteer station?
2551.62  What are the responsibilities of a volunteer station?

Subpart G--Senior Companion Placements and Assignments

2551.71  Must all Senior Companion placements be year-round?
2551.72  What requirements govern the assignment of Senior 
Companions?
2551.73  Is a written care plan required for each volunteer station 
and what purpose does it serve?

Subpart H--Clients Served

2551.81  What type of clients are eligible to be served?

Subpart I--Application and Fiscal Requirements

2551.91  Application and award process.
2551.92  Project funding requirements.
2551.93  Grants management requirements.

Subpart J--Non-Stipended Senior Companions

2551.101  What rule governs the recruitment and enrollment of 
persons who do not meet the income eligibility guidelines to serve 
as Senior Companions without stipends?
2551.102  What are the conditions of service of non-stipended Senior 
Companions?
2551.103  Must a sponsor be required to enroll non-stipended Senior 
Companions?
2551.104  May Corporation funds be used for non-stipended Senior 
Companions?

Subpart K--Non-Corporation Funded SCP Projects

2551.111  Under what conditions can an agency or organization 
sponsor a Senior Companion project without Corporation funding?
2551.112  What benefits are a non-Corporation funded project 
entitled to?
2551.113  What financial obligation does the Corporation incur for 
non-Corporation funded projects?
2551.114  What happens if a non-Corporation funded sponsor does not 
comply with the Memorandum of Agreement?

Subpart L--Restrictions and Legal Representation

2551.121  What legal limitations apply to the operation of the 
Senior Companion Program and to the expenditure of grant funds?
2551.122  What legal coverage does the Corporation make available to 
Senior Companions ?

    Authority: 42 U.S.C. 4950 et seq., 5013.

Subpart A--General


Sec. 2551.11  What is the Senior Companion Program?

    The Senior Companion Program provides grants to eligible 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 Senior Companions in providing 
supportive, individualized services to help adults with special needs 
maintain their dignity and independence. 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 people through 
their participation in community service.


Sec. 2551.12  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) Adult with special needs. Any individual over 21 years of age 
who has one or more physical, emotional, or mental health limitations 
and is in need of assistance to achieve and maintain their highest 
level of independent living.
    (c) 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 Volunteer Service Years 
(VSY), number of volunteer stations, and the size of the service area.
    (d) 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.
    (e) Care plan. A written description of a Senior Companion's 
assignment with a client. The plan defines the goals for the client to 
be attained through the relationship with a Senior Companion and the 
specific activities to be performed by the Senior Companion in the 
assignment.
    (f) Chief Executive Officer. The Chief Executive Officer of the 
Corporation appointed under the Trust Act.
    (g) Corporation. The Corporation for National and Community Service 
established under the Trust Act. The Corporation is also sometimes 
referred to as CNCS.
    (h) 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.
    (i) In-home. The non-institutional assignment of a Senior Companion 
in a private residence.
    (j) Letter of Agreement. A written agreement between a volunteer 
station, the sponsor and the adult served or the persons legally 
responsible for that adult. It authorizes the assignment of a Senior 
Companion in the clients home, defines the Senior Companion's 
activities and delineates specific arrangements for supervision.
    (k) Memorandum of Understanding. A written statement prepared and 
signed by the Senior Companion project sponsor and the volunteer 
station that identifies project requirements, working relationships and 
mutual responsibilities.
    (l) 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''.
    (m) 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.
    (n) Non-Corporation Support (Excess). The amount of non-Federal 
cash and in-kind contributions generated by a sponsor in excess of the 
required percentage.
    (o) Project. The locally planned and implemented Senior Companion 
Program activity or set of activities as agreed upon between a sponsor 
and the Corporation.
    (p) 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

[[Page 46957]]

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)).
    (q) Service Area. The geographically defined area in which Senior 
Companions are recruited, enrolled, and placed on assignments.
    (r) Service Schedule. A written delineation of the days and times a 
Senior Companion serves each week.
    (s) Sponsor. A public agency or private nonprofit organization that 
is responsible for the operation of a Senior Companion project.
    (t) Stipend. A payment to Senior Companions 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.
    (u) Trust Act. The National and Community Service Trust Act of 
1993, Pub. L. 103-82, Sept. 21, 1993, 107 Stat. 785.
    (v) 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.
    (w) Volunteer Station. A public agency, private nonprofit 
organization or proprietary health care agency or organization that 
accepts the responsibility for assignment and supervision of Senior 
Companions in health, social service or related settings such as multi-
purpose centers, home health care agencies or similar establishments. 
Each volunteer station must be licensed or otherwise certified, when 
required, by the appropriate state or local government. Private homes 
are not volunteer stations.

Subpart B--Eligibility and Responsibilities of a Sponsor


Sec. 2551.21  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 Senior 
Companion project.


Sec. 2551.22  What are the responsibilities of a sponsor?

    A sponsor is responsible for fulfilling all project management 
requirements necessary to accomplish the purposes of the Senior 
Companion Program as specified in the Act. A sponsor shall not delegate 
or contract these responsibilities to another entity. The sponsor shall 
comply with all program regulations and policies, and grant provisions 
prescribed by the Corporation.


Sec. 2551.23  What are a sponsor's program responsibilities?

    A sponsor shall:
    (a) Focus Senior Companion resources on critical problems affecting 
the frail elderly and other adults with special 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 Senior Companions.
    (c) Develop and manage a system of volunteer stations by:
    (1) Insuring 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 Senior 
Companions;
    (2) Ensuring that the placement of Senior Companions 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; and
    (iii) That is renegotiated at least every three years; and
    (3) Reviewing volunteer placements regularly to ensure that clients 
are eligible to be served.
    (d) Develop service opportunities that consider the skills and 
experiences of the Senior Companion.
    (e) Consider the demographic make-up of the project service area in 
the enrollment of Senior Companions, taking special efforts to recruit 
eligible individuals from minority groups, persons with disabilities, 
and under-represented groups.
    (f) Provide Senior Companions: with assignments that show direct 
and demonstrable benefits to the adults and the community served, the 
Senior Companions, and the volunteer station; with required cost 
reimbursements specified in Sec. 2551.45; 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 Senior 
Companions 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 Senior Companions that 
include but are not limited to annual and sick leave, holidays, service 
schedules, termination, appeal procedures, meal and transportation 
reimbursements.


Sec. 2551.24  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 and volunteerism;
    (3) Capable of helping the sponsor meet its administrative and 
program responsibilities including fund-raising, publicity and impact 
programming;
    (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. 2551.25  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

[[Page 46958]]

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.
    (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 Senior Companion activities. This includes provision of 
appropriate insurance coverage for Senior Companions, 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. 2551.26  May a sponsor administer more than one program grant from 
the Corporation?

    A sponsor may administer more than one Corporation program.

Subpart C--Suspension and Termination of Corporation Assistance


Sec. 2551.31  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 
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 of the grant, the 
recipient shall be afforded and 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 Senior Companion Program are specified in 
45 CFR Part 1206.

Subpart D--Senior Companion Eligibility, Status, and Cost 
Reimbursements


Sec. 2551.41  Who is eligible to be a Senior Companion?

    (a) To be a Senior Companion 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 adults with special needs 
without detriment to either themselves or the adults 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 subpart D of this part.
    (b) Eligibility to be a Senior Companion shall not be restricted on 
the basis of formal education, experience, race, religion, color, 
national origin, sex, age, handicap, or political affiliation.


Sec. 2551.42  What income guidelines govern eligibility to serve as a 
stipended Senior Companion?

    (a) To be enrolled and receive a stipend, a Senior Companion 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 payor, 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 Senior Companion 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.

[[Page 46959]]

Sec. 2551.43  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 
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. 2551.44  Is a Senior Companion a federal employee, an employee of 
the sponsor or of the volunteer station?

    Senior Companions are volunteers, and are not employees of the 
sponsor, the volunteer station, the Corporation, or the Federal 
Government.


Sec. 2551.45  What cost reimbursements are provided to Senior 
Companions?

    Cost reimbursements include:
    (a) Stipend. A Senior Companion 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 Senior Companions spend 
with their assigned clients, for earned leave, and for attendance at 
official project events.
    (1) Senior Companions 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 Senior Companions or Foster Grandparents 
marry after enrollment in the program, may each continue to receive a 
stipend, provided that they remain income eligible.
    (b) Insurance. A Senior Companion is provided with the Corporation-
specified minimum levels of insurance as follows:
    (1) Accident insurance. Accident insurance covers Senior Companions 
for personal injury during travel between their homes and places of 
assignment, during their 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 Senior 
Companions 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) Senior Companions who drive their personal vehicles to or on 
assignments or project-related activities must maintain personal 
automobile liability insurance equal to or exceeding the levels 
established by the Corporation.
    (c) Transportation. Senior Companions 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. Senior Companions 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 clients served.
    (e) Meals and recognition. Senior Companions 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. 2551.46  May the cost reimbursements of a Senior Companion be 
subject to any tax or charge, be treated as wages or compensation, or 
affect eligibility to receive assistance from other programs?

    No. Senior Companion's cost reimbursements 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 Senior Companion may be receiving under any governmental 
program.

Subpart E--Senior Companion Terms of Service


Sec. 2551.51  What are the terms of service of a Senior Companion?

    (a) A Senior Companion 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) Senior Companion service shall not be performed in fewer than 
three days, or more than five days a week.
    (d) A Senior Companion shall not serve more than 1044 hours per 
budget year.


Sec. 2551.52  Under what circumstances may a Senior Companion be 
allowed to serve a modified service schedule?

    Senior Companions 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. 2551.51, 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. 2551.53  What factors are considered in determining a Senior 
Companion's service schedule?

    (a) Travel time between the Senior Companion'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.

[[Page 46960]]

Sec. 2551.54  Under what circumstances may a Senior Companion's service 
be terminated?

    (a) A sponsor may remove a Senior Companion from service for cause. 
Grounds for removal include but are not limited to: extensive and 
unauthorized absences; misconduct; inability to perform assignments; 
and failure to accept supervision. A Senior Companion 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. 2551.55  Are Senior Companions eligible for leave?

    (a) Senior Companions 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. 2551.51. Leave amounts should be adjusted for Senior Companions 
serving modified service schedules.
    (b) Accrued stipended leave must be used within the budget period 
in which it was earned.
    (c) Senior Companions 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. 2551.61  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 Senior Companion 
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. 2551.62  What are the responsibilities of a volunteer station?

    A volunteer station shall undertake the following responsibilities 
in support of Senior Companion volunteers:
    (a) Develop volunteer assignments that meet the requirements 
specified in Sec. 2551.71 through 2551.73 and regularly assess those 
assignments for continued appropriateness.
    (b) Select eligible clients for assigned volunteers.
    (c) Develop a written care plan for each client specifying the 
needs of the client and the role and activities of the Senior Companion 
in the delivery of required services.
    (d) Obtain a Letter of Agreement for Senior Companions 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 Senior Companions 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 Senior Companions while on 
assignment.
    (g) Keep records and prepare reports required by the sponsor.
    (h) Provide for the safety of Senior Companions assigned to it.
    (i) Comply with all applicable civil rights laws and regulations 
including reasonable accommodation for Senior Companions with 
disabilities.
    (j) Undertake such other responsibilities as may be necessary to 
the successful performance of Senior Companions in their assignments or 
as agreed to in the Memorandum of Understanding.

Subpart G--Senior Companion Placements and Assignments


Sec. 2551.71  Must all Senior Companion placements be year-round?

    Priority shall be given to volunteer stations that can place Senior 
Companions year round. If a volunteer station does not operate on a 
year-round basis, a sponsor shall develop alternate placements for the 
Senior Companions assigned to the volunteer station when it is not in 
operation.


Sec. 2551.72  What requirements govern the assignment of Senior 
Companions?

    Senior Companion assignments shall:
    (a) Provide for Senior Companions to give direct services to one or 
more eligible adults. Senior Companions cannot provide: services such 
as those performed by medical personnel, services to large numbers of 
clients, custodial services, handling a client's finances, 
administrative support services or other services that would detract 
from the person-to-person relationship.
    (b) Result in person-to-person supportive relationships with each 
client served.
    (c) Support the achievement and maintenance of the highest level of 
independent living for their clients.
    (d) Be meaningful to the Senior Companion.
    (e) Be supported by appropriate orientation, training and 
supervision.


Sec. 2551.73  Is a written care plan required for each volunteer 
station and what purpose does it serve?

    (a) All Senior Companions shall receive a written care plan 
developed by the volunteer station that:
    (1) Is approved by the sponsor and accepted by the Senior 
Companion;
    (2) Identifies the individual clients to be served;
    (3) Identifies each client's needs and the role and activities of 
the Senior Companion;
    (4) Addresses the period of time each client should receive such 
services; and
    (5) Is used to review the status of the Senior Companion's services 
in working with the assigned adult, as well as the impact of the 
assignment on the clients served.
    (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--Clients Served


Sec. 2551.81  What type of clients are eligible to be served?

    Senior Companions serve only adults with special needs including: 
older persons requiring long term care, or those receiving home health 
care, nursing care, home delivered meals and other nutrition services; 
persons deinstitutionalized from mental hospitals, nursing homes and 
other institutions; and those having developmental disabilities.

Subpart I--Application and Fiscal Requirements


Sec. 2551.91  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 grant applicants. Applicants 
solicited under this provision are not assured of selection or approval 
and may have to

[[Page 46961]]

compete with 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 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 Senior 
Companion grant? The Corporation awards a Senior Companion grant for a 
specified period that is usually 12 months in duration.


Sec. 2551.92  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 Senior Companion project. The sponsor is required to 
contribute at least 10 percent of the total project cost from non-
Federal sources or authorized Federal sources.
    (b) Under what circumstances does 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 Senior 
Companion 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 Senior Companion cost reimbursements budgeted? The 
total of cost reimbursements for Senior Companions, 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 non-Federal, 
and excess non-federal 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. 2551.93  Grants management requirements.

    What rules govern a sponsor's management of grants?
    (a) A sponsor shall manage a grant 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, 
Publications Office, 725-17th Street, NW, Room 2200, Washington, DC 
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 46962]]

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 Senior Companions.


Sec. 2551.101  What rule governs the recruitment and enrollment of 
persons who do not meet the income eligibility guidelines to serve as 
Senior Companions without stipends?

    Over-income persons, age 60 or over, may be enrolled in SCP 
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 SCP 
project.


Sec. 2551.102  What are the conditions of service of non-stipended 
Senior Companions?

    Non-stipended Senior Companions serve under the following 
conditions:
    (a) They must not displace or prevent eligible low-income 
individuals from becoming Senior Companions.
    (b) No special privilege or status is granted or created among 
Senior Companions, 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 
Senior Companions.
    (d) All regulations and requirements applicable to the program, 
with the exception listed in paragraph (f) of this section, apply to 
all Senior Companions.
    (e) Non-stipended Senior Companions may be placed in separate 
volunteer stations where warranted.
    (f) Non-stipended Senior Companions will be encouraged but not 
required to serve 20 hours per week and 50 weeks per year. Senior 
Companions will maintain a close person-to-person relationship with 
their assigned special needs clients on a regular basis.
    (g) Non-stipended Senior Companions 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 non-federal 
resources.


Sec. 2551.103  Must a sponsor be required to enroll non-stipended 
Senior Companions?

    Enrollment of non-stipended Senior Companions is not a factor in 
the award of new or renewal grants.


Sec. 2551.104  May Corporation funds be used for non-stipended Senior 
Companions?

    Federally appropriated funds for SCP shall not be used to pay any 
cost, including any administrative cost, incurred in implementing the 
regulations in this part for non-stipended Senior Companions.

Subpart K--Non-Corporation Funded SCP Projects


Sec. 2551.111  Under what conditions can an agency or organization 
sponsor a Senior Companion project without Corporation funding?

    An eligible agency or organization who wishes to sponsor a Senior 
Companion 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 Senior Companion Program; and
    (b) Identifies responsibilities to be carried out by each party.


Sec. 2551.112  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 Senior Companion projects; and
    (b) The application of the provisions of Section 404(f)(1) and 
Section 418 of the Act.


Sec. 2551.113  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 
a 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 Senior Companion's that may result from changes in the Act or in 
program regulations.


Sec. 2551.114  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. 2551.112.

Subpart L--Restrictions and Legal Representation


Sec. 2551.121  What legal limitations apply to the operation of the 
Senior Companion 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 shall 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 Senior Companion Program.
    (b) Non-displacement of employed workers. A Senior Companion 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

[[Page 46963]]

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 Senior Companion volunteer station may contribute to the 
financial support of the Senior Companion Program. However, this 
support shall not be a required precondition for a potential station to 
obtain or retain Senior Companion service. If a volunteer station 
agrees to provide funds to support additional Senior Companions or pay 
for other Senior Companion 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 Senior Companion 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 Senior Companion on the basis of race, color, 
national origin, sex, age, religion, or political affiliation, or on 
the basis of disability, if the Senior Companion with a disability is 
qualified to serve.
    (g) Religious activities. A Senior Companion 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. 2551.122  What legal coverage does the Corporation make available 
to Senior Companions?

    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 Senior Companion is paid in a criminal, 
civil or administrative proceeding, when such a proceeding arises 
directly out of performance of the Senior Companion's activities. The 
circumstances under which the Corporation shall pay such expenses are 
specified in 45 CFR part 1220.

    Dated: August 25, 1998.
Thomas L. Bryant,
Acting General Counsel.
[FR Doc. 98-23300 Filed 9-2-98; 8:45 am]
BILLING CODE 6050-28-P