[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Proposed Rules]
[Pages 18846-18847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9199]


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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: Proposed rule.

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SUMMARY: These amendments to the Final Regulation governing the Senior 
Companion Program include the addition of persons with limited English 
speaking proficiency as eligible participants, clarify that the value 
of food, clothing and shelter is to be counted as income if provided at 
no cost by any source, adjust income eligibility levels in high cost 
areas, reduce restrictions on sponsors and volunteer eligibility, 
provide for volunteer leaders authorized by the Domestic Volunteer 
Service Act of 1973, as amended, and permit Senior Companions to serve 
the 1044 hours in a nine month period.

DATES: Submit comments on or before June 17, 2002.

ADDRESSES: Send comments to the Corporation for National and Community 
Service, National Senior Service Corps, Attn: Mr. Peter L. Boynton, 9th 
Floor, 1201 New York Avenue, NW, Washington, DC, 20525. Comments may be 
e-mailed to [email protected].

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

SUPPLEMENTARY INFORMATION:   

Background

    The Final Regulation that is the subject of this amendment 
implemented changes to the Domestic Volunteer Service Act of 1973, as 
amended, and established or clarified minimum program requirements. The 
following changes to the Final Regulation are being proposed:
    (1) Section 2551.23 (c) (2) (iv) provides that the Memorandum of 
Understanding between a sponsor and a volunteer station must contain an 
assurance that the volunteer station will not discriminate against 
Foster Grandparents or in the operation of its station. Executive Order 
13166 issued August 11, 2000, requires that each Federal agency develop 
a plan to improve access to its programs by eligible persons who, as a 
result of national origin, are limited in their English proficiency. 
The intent of the proposed amendment is to improve access of persons 
with limited English proficiency.
    (2) Section 2551.42 (b) provides that annual income is counted for 
the past 12 months. As currently worded, this applies to new applicants 
to the program as well as those who continue in service. However, in 
the case of new applicants to become stipended Senior Companions, the 
Corporation intends that sponsors use the applicant's projected income 
over the following 12 months to determine eligibility. This proposed 
amendment would permit additional recent retirees, or others whose 
household income has been reduced within the past 12 months, to serve 
as Senior Companions.
    (3) Section 2551.51 provides that a Senior Companion must serve a 
minimum of nine months a year for an average of 20 hours of service per 
week and a maximum of 1044 hours per year. The proposed amendment would 
allow Senior Companion Program sponsors increased flexibility in 
determining the hours of service for Senior Companions in accordance 
with local needs, within a range of from 15 to 40 hours per week, 
subject to a maximum of 2088 hours per year.
    (4) Section 2551.61 details conditions under which a Senior 
Companion Program sponsor may serve as a volunteer station. The 
Corporation believes these conditions should be expanded. Since each 
sponsor currently submits workplans with its grant application for 
approval by the Corporation State Office, the Corporation believes the 
review of these workplans provides sufficient basis for deciding the 
appropriateness of a given sponsor serving as a volunteer station. The 
proposed amendment would permit a sponsor to serve as a volunteer 
station provided that this is part of a workplan submitted with the 
application.
    (5) When the Final Regulation was published, in an effort to be 
consistent with Foster Grandparent Program Regulations, we did not 
include provision for volunteer leaders. The Domestic Volunteer Service 
Act of 1973, as amended, authorizes volunteer leaders in the Senior 
Companion Program. Sections 2551.45, 2551.71 and 2551.72 are being 
amended to include volunteer leaders.

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 proposes to amend 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

[[Page 18847]]

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 
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: April 10, 2002.
Tess Scannell,
Director, National Senior Service Corps.
[FR Doc. 02-9199 Filed 4-16-02; 8:45 am]
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