Senior Companion Program; Amendments

AGENCY:

Corporation for National and Community Service.

ACTION:

Final rule.

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.

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 § 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: § 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 § 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 § 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 § 2551.23(c)(2)(iv) to read as follows:

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

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

5. Revise § 2551.51 to read as follows:

6. Revise § 2551.61 to read as follows:

7. Revise § 2551.71 to read as follows:

8. Revise § 2551.72 to read as follows: