[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 60997-60999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24612]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2551

RIN 3045-AA29


Senior Companion Program; Amendments

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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SUMMARY: These amendments to the Final Regulation governing the Senior 
Companion Program include: improving access of persons with limited 
English speaking proficiency; clarifying what income should be counted 
for purposes of determining income eligibility of an applicant to 
become a stipended Senior Companion; providing increased flexibility to 
sponsors to determine the hours of service of Senior Companions; 
reducing restrictions on sponsors serving as volunteer stations; and 
providing for Senior Companions to serve as volunteer leaders.

DATES: These amendments are effective October 28, 2002.

FOR FURTHER INFORMATION CONTACT: Peter L. Boynton, 202-606-5000, ext. 
499.

[[Page 60998]]


SUPPLEMENTARY INFORMATION: The Corporation published a notice of 
proposed rulemaking (NPRM) for the Senior Companion Program, 45 CFR 
part 2551, in the Federal Register at 67 FR 18846, dated April 17, 
2002.

Summary of Main Comments

    In response to the Corporation's invitation in the NPRM, the 
Corporation received 19 letter and/or email responses addressing the 
proposed amendments to the Senior Companion rules. Ten were in full 
support of all of the proposed rules. One expressed support for the 
amendment concerning volunteer stations, without commenting on other 
provisions. One expressed support for the amendment concerning service 
hours,without commenting on other provisions. Six expressed a 
preference for lowering the service hour requirement to 10 hours and 
four sought clarifications. None opposed any of the proposed 
amendments.
    Following are the Corporation's responses to comments received:
    Comment: With reference to Sec.  2551.51, supported the lowering of 
the service requirement to a minimum of 10 rather than 15 hours per 
week.
    Response: The Corporation understands the interest of some 
respondents to lower further the minimum service requirement. However, 
considering overall experience and the other comments received, the 
Corporation believes the proposed minimum of 15 hours provides sponsors 
and volunteers with sufficient flexibility.
    Comment: Sought to clarify the relationship between the stipend 
paid to Senior Companions and the monetary incentive that can be paid 
to volunteer leaders.
    Response: The monetary incentive that can be paid to Senior 
Companion volunteer leaders is in addition to the stipend.
    Comment: Asked for clarification whether volunteer leaders can 
perform staff duties.
    Response: Sec.  2551.121(b), Non-displacement of employed workers, 
addresses this issue. A Senior Companion may not perform duties that 
would otherwise be performed by paid staff or which would supplant the 
hiring of or result in the displacement of paid staff, or impair 
existing contracts for service.
    Comment: Asked whether Senior Companion volunteer leaders must meet 
income eligibility requirements.
    Response: Yes, if they receive a stipend. All stipended Senior 
Companions must meet income eligibility requirements.
    Comment: With reference to Sec.  2551.23(c)(2)(iv), asked if the 
Corporation would allow costs for translating basic information into 
different languages and for the use of interpreters.
    Response: Such costs are allowable if they meet the requirements of 
Sec.  2551.93.

Impact of Various Acts and Executive Orders

    After carefully reviewing the changes implemented by this 
amendment, 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 2551

    Aged, Grant programs--social programs, Volunteers.

    For the reasons set forth in the preamble, the Corporation for 
National and Community Service amends 45 CFR part 2551 as follows:

PART 2551--SENIOR COMPANION PROGRAM

    1. The authority citation for part 2551 continues to read as 
follows:

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


    2. Revise Sec.  2551.23(c)(2)(iv) to read as follows:


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

* * * * *
    (c) * * *
    (2) * * *
    (iv) That states the station assures it will not discriminate 
against volunteers or in the operation of its program on the basis of 
race; color; national origin, including individuals with limited 
English proficiency; sex; age; political affiliation; religion; or on 
the basis of disability, if the participant or member is a qualified 
individual with a disability; and
* * * * *

    3. In Sec.  2551.42, revise paragraph (b) to read as follows:


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

* * * * *
    (b) For applicants to become stipended Senior Companions, annual 
income is projected for the following 12 months, based on income at the 
time of application. For serving stipended Senior Companions, annual 
income is counted for the past 12 months. Annual income includes the 
applicant or enrollee's income and that of his/her spouse, if the 
spouse lives in the same residence. Sponsors shall count the value of 
shelter, food, and clothing, if provided at no cost by persons related 
to the applicant, enrollee, or spouse.
* * * * *

    4. Amend Sec.  2551.45 by republishing the introductory text and 
adding paragraph (f) to read as follows:


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

    Cost reimbursements include:
* * * * *
    (f) Leadership incentive. Senior Companions who serve as volunteer 
leaders, assisting new Senior Companions or coordinating other Senior 
Companions in accordance with the Act, may be paid a monetary 
incentive.

    5. Revise Sec.  2551.51 to read as follows:


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

    A Senior Companion shall serve a minimum of 15 hours per week and a

[[Page 60999]]

maximum of 40 hours per week. A Senior Companion shall not serve more 
than 2088 hours per year. Within these limitations, a sponsor may set 
service policies consistent with local needs.

    6. Revise Sec.  2551.61 to read as follows:


Sec.  2551.61  May a sponsor serve as a volunteer station?

    Yes, a sponsor may serve as a volunteer station, provided this is 
part of the application workplan approved by the Corporation.

    7. Revise Sec.  2551.71 to read as follows:


Sec.  2551.71  What requirements govern the assignment of Senior 
Companions?

    (a) Senior Companion assignments shall provide for Senior 
Companions to give direct services to one or more eligible adults that:
    (1) Result in person-to-person supportive relationships with each 
client served.
    (2) Support the achievement and maintenance of the highest level of 
independent living for their clients.
    (3) Are meaningful to the Senior Companion.
    (4) Are supported by appropriate orientation, training, and 
supervision.
    (b) Senior Companions may serve as volunteer leaders, and in this 
capacity may provide indirect services. Senior Companions with special 
skills or demonstrated leadership ability may assist newer Senior 
Companion volunteers in performing their assignments and in 
coordinating activities of such volunteers.
    (c) Senior Companions shall not provide services such as those 
performed by medical personnel, services to large numbers of clients, 
custodial services, administrative support services, or other services 
that would detract from their assignment.

    8. Revise Sec.  2551.72 to read as follows:


Sec.  2551.72  Is a written volunteer assignment plan required for each 
volunteer?

    (a) All Senior Companions performing direct services to individual 
clients in home settings and individual clients in community-based 
settings, shall receive a written volunteer assignment plan developed 
by the volunteer station that:
    (1) Is approved by the sponsor and accepted by the Senior 
Companion;
    (2) Identifies the client(s) to be served;
    (3) Identifies the role and activities of the Senior Companion and 
expected outcomes for the client(s);
    (4) Addresses the period of time each client is expected to receive 
such services; and
    (5) Is used to review the status of the Senior Companion's services 
in working with the assigned client(s), as well as the impact of the 
assignment on the client(s).
    (b) If there is an existing plan that incorporates paragraphs 
(a)(2), (3), and (4) of this section, that plan shall meet the 
requirement.
    (c) All Senior Companions serving as volunteer leaders shall 
receive a written volunteer assignment plan developed by the volunteer 
station that:
    (1) Is approved by the sponsor and accepted by the Senior 
Companion;
    (2) Identifies the role and activities of the Senior Companion and 
expected outcomes;
    (3) Addresses the period of time of service; and
    (4) Is used to review the status of the Senior Companion's services 
identified in the assignment plan, as well as the impact of those 
services.

    Dated: September 23, 2002.
Tess Scannell,
Director, National Senior Service Corps.
[FR Doc. 02-24612 Filed 9-26-02; 8:45 am]
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