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US (United States) Code. Title 42. Chapter 66: Domestic volunteer services

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-CITE-

42 USC CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

-HEAD-

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

-MISC1-

Sec.

4950. Volunteerism policy.

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

PART A - VOLUNTEERS IN SERVICE TO AMERICA

4951. Congressional statement of purpose.

4952. Authority to operate VISTA program.

4953. Selection and assignment of volunteers.

(a) Covered projects and programs.

(b) Recruitment and placement procedures for local

and national placement of volunteers;

establishment, requirements, etc.

dissemination of information; reimbursement of

costs; coordination; obligation of funds.

(d) Provision of plans to volunteers for job

advancement; coordination with private

industry councils or local workforce

investment boards.

(e) Educational and vocational counseling for

volunteers; Director to provide.

(f) Terms and conditions; restrictions on political

activities; place of service.

(g) Program or project submittal to Governor;

commencement and termination of service.

(h) Interagency agreements.

4954. Terms and periods of service.

(a) Personal commitment; scope of commitment.

(b) Minimum period of service; critical

scarce-skill needs exception; reenrollment;

limitation.

(d) Grievance and personal view presentation

procedure; notice and hearing; information.

(e) Summer associates.

4955. Support services.

(a) Stipend; limitation; volunteer leaders; payment

upon completion of term; advancement of

accrued stipend; beneficiary of deceased

volunteer.

(b) Description of allowances and support services;

determination of allowance; adjustments;

methodology.

4956. Participation of program beneficiaries.

4957. Participation of younger and older persons.

4958. Limitation on funds appropriated for grants and

contracts for direct cost of supporting volunteers in

programs or projects.

4959. VISTA Literacy Corps.

(a) Establishment.

(b) Assignment of volunteers to projects and

programs meeting antipoverty criteria and

providing assistance to illiterates who are

underserved by education programs.

programs utilizing volunteers to address needs

of illiterate individuals; administration of

programs by public or private nonprofit

organizations; considerations governing

assignment of volunteers.

(d) Assignment of volunteers to projects and

programs utilizing volunteers to tutor

illiterate individuals; administration of

programs by local public or private nonprofit

organizations; considerations in assignment of

volunteers.

(e) Equitable distribution of volunteers.

(f) Membership of VISTA Literacy Corps.

(g) Proportionate reduction of services.

(h) Assignment of individual to service in general

program regarding literacy; priority.

4960. Applications for assistance.

PART B - UNIVERSITY YEAR FOR VISTA

4971. Congressional statement of purpose.

4972. Authority to operate University Year for VISTA

program.

4973. Special conditions.

(a) Academic credit.

(b) Participation of student volunteers and

educational institutions.

stipulations; monitoring of compliance with

commitment; compliance information to

Secretary.

4974. Repealed.

PART C - SPECIAL VOLUNTEER PROGRAMS

4991. Congressional statement of purpose.

4992. Authority to establish and operate special volunteer

and demonstration programs.

(a) In general.

(b) Assignment and support of volunteers.

4993. Technical and financial assistance.

4994. Repealed.

4995. Literacy challenge grants.

(a) Authorization of grants.

(b) Application.

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

5000. Statement of purposes.

PART A - RETIRED AND SENIOR VOLUNTEER PROGRAM

5001. Grants and contracts for volunteer service projects.

(a) Approval of projects; rules and regulations.

(b) Proportion of required local contribution;

exceptions.

(d) Volunteer service as employment.

PART B - FOSTER GRANDPARENT PROGRAM

5011. Grants and contracts for individual service projects.

(a) Foster Grandparent projects; amount.

(b) Person-to-person services to children in an

individual service project by public or

private nonprofit agency; authority and

criteria for determinations; mutual agreements

between parties.

(d) Domestic Volunteer Service; allowances,

stipends, and other support.

(e) "Low-income person" and "person of low income"

defined.

(f) Persons entitled to serve as volunteers;

application of regulations to volunteers;

equal treatment to all volunteers by

recipients of grants; conditions of grants;

use of funds; payment of costs.

5012. Repealed.

PART C - SENIOR COMPANION PROGRAM

5013. Grants and contracts for volunteer service projects.

(a) Costs of project development and operation.

(b) Application of other laws.

elderly.

PART D - GENERAL PROVISIONS

5021. Promotion of National Senior Volunteer Corps.

5022. Payments; adjustments; advances or reimbursement;

installments; conditions.

5023. Minority group participation.

5024. Use of locally generated contributions in National

Senior Volunteer Corps.

5025. Programs of national significance.

(a) Program grants for national problems of local

concern; minimum amounts available; scope;

implementation.

(b) Program grants for problems concerning Nation.

of funds available.

(d) Amount of funds available for grants.

(e) Dissemination of information respecting grants.

5026. Adjustments to Federal financial assistance.

5027. Multiyear grants or contracts.

(a) Maximum period; compliance requirements where

period exceeds 1 year; pro rata reductions

where funding below prior fiscal year amounts.

(b) Documentation, etc., by applicant of meaningful

administrative savings from multiyear grant or

contract.

(d) Projects for multiyear periods to be treated as

single-year projects for specified purposes.

PART E - DEMONSTRATION PROGRAMS

5028. Authority of Director.

(a) In general.

(b) Activities.

5028a. Prohibition.

SUBCHAPTER III - NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL

BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSINESS

EXPERIENCE

5031, 5032. Repealed.

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

5041, 5042. Repealed.

5043. Political activities.

(a) Funds use prohibition; "election" and "Federal

office" defined.

(b) Prohibition on program identification.

legislation.

(d) Enforcement; rules and regulations.

5044. Special limitations.

(a) Volunteer activities; limitation.

(b) Support costs.

organizations.

(d) Labor or antilabor organization activities;

funds use prohibition.

(e) Selection procedure.

(f) Government assistance; eligibility; special

limitations.

5045. Repealed.

5046. Labor standards for federally assisted projects,

buildings, and works.

5047. Repealed.

5048. Joint funding; single non-Federal share requirement;

grant or contract requirement waiver.

5049. Prohibition of Federal control of educational

institution or school system.

5050. Coordination with other programs.

5051. Performance of functions by existing departments or

offices rather than new departments or offices.

5052. Suspension and termination of financial assistance;

procedures; notice and hearing; emergency situations;

refunding applications.

5053. Repealed.

5054. Distribution of benefits between rural and urban

areas.

5055. Application of Federal law.

(a) General rule.

(b) Specific Federal legislation.

(d) Competitive service.

(e) References in other laws to service under

provisions relating to Volunteers in Service

to America deemed references to service under

subchapter I of this chapter.

(f) Civil actions.

5056. Evaluation of programs and projects.

(a) General objectives; persons conducting the

evaluation.

(b) General standards; publication; reports of

ensuing actions.

(d) Summaries of results; publication.

(e) Federal property.

(f) Evaluation of programs that relate to services

that assist families caring for frail and

disabled adult family members; evaluation of

impact by volunteers on such programs; report

to committees of Congress

(g) Funds limitation; reduction of allotments.

5057. Nondiscrimination provisions.

(a) In general.

(b) Federal financial assistance.

(d) Rules and regulations.

5058. Eligibility for other benefits.

5059. Legal expenses.

5060. Repealed.

5061. Definitions.

5062. Audit.

(a) Recordkeeping.

(b) Access to books, documents, papers, and

records; limitations.

5063. Reduction of paperwork.

5064. Review of project renewals.

5065. Protection against improper use.

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

5081. National Volunteer Antipoverty Programs.

(a) Authorizations.

(b) Subsistence.

(d) Availability.

(e) Volunteer service requirement.

5082. National Senior Volunteer Corps.

(a) Retired and Senior Volunteer Program.

(b) Foster Grandparent Program.

(d) Demonstration programs.

5083. Repealed.

5084. Administration and coordination.

(a) In general.

(b) Evaluation.

5085. Availability of appropriations.

SUBCHAPTER VI - YOUTHBUILD PROJECTS

5091 to 5091n. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3056a, 12511, 12638,

12639, 12651b, 12651d, 12651f of this title; title 20 sections

1087ee, 1092.

-End-

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42 USC Sec. 4950 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

-HEAD-

Sec. 4950. Volunteerism policy

-STATUTE-

(a) Because of the long-standing importance of volunteerism

throughout American history, it is the policy of the Congress to

foster the tradition of volunteerism through greater involvement on

the part of both young and older citizens.

(b) The purpose of this chapter is to foster and expand voluntary

citizen service in communities throughout the Nation in activities

designed to help the poor, the disadvantaged, the vulnerable, and

the elderly. In carrying out this purpose, the Corporation for

National and Community Service shall utilize to the fullest extent

the programs authorized under this chapter, coordinate with other

Federal, State, and local agencies and utilize the energy,

innovative spirit, experience, and skills of all Americans.

-SOURCE-

(Pub. L. 93-113, Sec. 2, as added Pub. L. 99-551, Sec. 2(a), Oct.

27, 1986, 100 Stat. 3071; amended Pub. L. 103-82, title IV, Sec.

405(a)(1), Sept. 21, 1993, 107 Stat. 920.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 396, as

amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82 substituted "of this chapter"

for "of ACTION, the Federal domestic volunteer agency," and "the

Corporation for National and Community Service shall"for "ACTION

shall".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE

Section 11 of Pub. L. 99-551 provided that: "Except as otherwise

provided, the amendments made by this Act [enacting this section

and section 4959 of this title, amending sections 4953, 4955, 4971,

4972, 4974, 4992, 5011, 5013, 5024, 5041 to 5044, 5047, 5052, 5055,

5056, 5059, 5061, 5081, 5082, and 5084 of this title, and amending

provisions set out as a note under section 5041 of this title]

shall take effect October 1, 1986."

SHORT TITLE OF 1993 AMENDMENT

Section 311(a) of title III of Pub. L. 103-82, provided that:

"This subtitle [subtitle B (Secs. 311, 392) of title III of Pub. L.

103-82, enacting sections 5028, 5028a, and 5065 of this title,

amending sections 4951 to 4955, 4957, 4959, 4960, 4971 to 4973,

4992, 4993, 5000, 5001, 5011, 5013, 5021, 5024 to 5026, 5041 to

5044, 5055, 5057, 5062, 5081, 5082, and 5084 of this title and

sections 8143, 8332, 8334, 8411, and 8422 of Title 5, Government

Organization and Employees, repealing sections 4974, 4994, 5012,

5047, 5060, and 5091 to 5091n of this title, enacting provisions

set out as notes under sections 4951 and 4952 of this title, and

section 8332 of Title 5, and amending provisions set out as notes

under this section and section 5001 of this title] may be cited as

the 'Domestic Volunteer Service Act Amendments of 1993'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-204, Sec. 1(a), Dec. 7, 1989, 103 Stat. 1806,

provided that: "This Act [enacting sections 4960, 5000, 5025, 5026,

and 5027 of this title, amending sections 4952 to 4955, 4958, 4959,

4971, 4974, 4992 to 4994, 5001, 5011 to 5013, 5021, 5024, 5041,

5047, 5056, 5061, 5081, 5082, 5084, 5671, 5715, 5751, 5773, 5775,

5777, 9910b, 11803, 11825, 11842, and 11851 of this title, enacting

provisions set out as a note under section 4954 of this title, and

amending provisions set out as a note under section 5601 of this

title] may be cited as the 'Domestic Volunteer Service Act

Amendments of 1989'."

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-551 provided that: "This Act [enacting

this section and section 4959 of this title, amending sections

4953, 4955, 4971, 4972, 4974, 4992, 5011, 5013, 5024, 5041 to 5044,

5047, 5052, 5055, 5056, 5059, 5061, 5081, 5082, and 5084 of this

title, enacting provisions set out as notes under this section and

section 5011 of this title, and amending provisions set out as a

note under section 5041 of this title] may be cited as the

'Domestic Volunteer Service Act Amendments of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-288 provided: "That this Act [enacting

section 5024 of this title, amending sections 4951 to 4956, 4958,

4971, 4972, 4974, 4991 to 4993, 5001, 5011, 5013, 5041 to 5044,

5047, 5052, 5056 to 5060, 5081, 5082, 5084, 9902, and 9912 of this

title, repealing section 5045 of this title, and enacting

provisions set out as notes under sections 5042 and 5045 of this

title] may be cited as the 'Domestic Volunteer Service Act

Amendments of 1984'."

SHORT TITLE OF 1979 AMENDMENT

Pub. L. 96-143, Sec. 1, Dec. 13, 1979, 93 Stat. 1074, provided:

"That this Act [enacting sections 5063 and 5064 of this title,

amending sections 4953, 4955, 4958, 4973, 4974, 4992, 5021, 5043,

5044, 5050, 5055, 5057, 5058, 5060, 5081, and 5084 of this title,

enacting provisions set out as notes under sections 4992 and 5084

of this title, and amending provisions set out as a note under

section 4955 of this title] may be cited as the 'Domestic Volunteer

Service Act Amendments of 1979'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-293, Sec. 1, May 27, 1976, 90 Stat. 525, provided:

"That this Act [enacting sections 4958 and 4993 of this title,

amending sections 4974, 4992, 5011, 5042, 5045, 5081, 5083, and

5084 of this title, repealing section 5053 of this title, and

enacting provision set out as a note under section 4958 of this

title] may be cited as the 'Domestic Volunteer Service Act

Amendments of 1976'."

SHORT TITLE

Section 1(a), formerly section 1, of Pub. L. 93-113, as

renumbered Sec. 1 and amended by Pub. L. 103-82, title III, Sec.

391, Sept. 21, 1993, 107 Stat. 915, provided that: "This Act

[enacting this chapter, amending section 3067 of this title and

section 8332(b)(7) of Title 5, Government Organization and

Employees, and repealing sections 2991, 2992 to 2992b, 2993 to

2993b, 2994 to 2994d, and 3044 to 3044e of this title, and enacting

provisions set out as notes under this section and section 5041 of

this title] may be cited as the 'Domestic Volunteer Service Act of

1973'."

-End-

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42 USC SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY

PROGRAMS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

-HEAD-

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 292d, 5044, 5055,

5081, 12573, 12581, 12592, 12651e, 12653 of this title.

-End-

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42 USC Part A - Volunteers in Service to America 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

PART A - VOLUNTEERS IN SERVICE TO AMERICA

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 4972, 5055, 5061, 5081,

12576, 12651e of this title; title 5 sections 8332, 8334, 8411,

8422; title 22 section 4071c.

-End-

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42 USC Sec. 4951 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4951. Congressional statement of purpose

-STATUTE-

This part provides for the Volunteers in Service to America

(VISTA) program of full-time volunteer service, together with

appropriate powers and responsibilities designed to assist in the

development and coordination of such program. The purpose of this

part is to strengthen and supplement efforts to eliminate and

alleviate poverty and poverty-related problems in the United States

by encouraging and enabling persons from all walks of life, all

geographical areas, and all age groups, including low-income

individuals, elderly and retired Americans, to perform meaningful

and constructive volunteer service in agencies, institutions, and

situations where the application of human talent and dedication may

assist in the solution of poverty and poverty-related problems and

secure and exploit opportunities for self-advancement by persons

afflicted with such problems. In addition, the objectives of this

part are to generate the commitment of private sector resources, to

encourage volunteer service at the local level, and to strengthen

local agencies and organizations to carry out the purpose of this

part.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 101, Oct. 1, 1973, 87 Stat. 396;

Pub. L. 98-288, Sec. 2, May 21, 1984, 98 Stat. 189; Pub. L. 103-82,

title III, Sec. 321, Sept. 21, 1993, 107 Stat. 899.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended last sentence generally. Prior to

amendment last sentence read as follows: "In addition the objective

of this part is to generate the commitment of private sector

resources and to encourage volunteer service at the local level to

carry out the purposes set forth in this section."

1984 - Pub. L. 98-288, in second sentence, inserted "and

alleviate" after "eliminate", struck out "human, social, and

environmental" after "poverty-related", inserted ", all

geographical areas," after "all walks of life" and "low-income

individuals," before "elderly", and inserted at end "In addition

the objective of this part is to generate the commitment of private

sector resources and to encourage volunteer service at the local

level to carry out the purposes set forth in this section."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 392 of title III of Pub. L. 103-82 provided that: "This

subtitle [subtitle B (Secs. 311-392) of title III of Pub. L.

103-82, enacting sections 5028, 5028a, and 5065 of this title,

amending this section, sections 4952 to 4955, 4957, 4959, 4960,

4971 to 4973, 4992, 4993, 5000, 5001, 5011, 5013, 5021, 5024 to

5026, 5041 to 5044, 5055, 5057, 5062, 5081, 5082, and 5084 of this

title, and sections 8143, 8332, 8334, 8411, and 8422 of Title 5,

Government Organization and Employees, repealing sections 4974,

4994, 5012, 5047, 5060, and 5091 to 5091n of this title, enacting

provisions set out as notes under sections 4950 and 4952 of this

title and section 8332 of Title 5, and amending provisions set out

as notes under sections 4950 and 5001 of this title] shall become

effective on October 1, 1993."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4953 of this title.

-End-

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42 USC Sec. 4952 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4952. Authority to operate VISTA program

-STATUTE-

This part shall be administered by one of the Assistant Directors

appointed pursuant to section 12651e(d)(1)(A) of this title. Such

Director may recruit, select, and train persons to serve in

full-time volunteer programs consistent with the provisions and to

carry out the purpose of this part.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 102, Oct. 1, 1973, 87 Stat. 396;

Pub. L. 98-288, Sec. 3, May 21, 1984, 98 Stat. 189; Pub. L.

101-204, title I, Sec. 101(d)(1), Dec. 7, 1989, 103 Stat. 1811;

Pub. L. 103-82, title III, Sec. 322(a), Sept. 21, 1993, 107 Stat.

899.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 substituted "This part shall be

administered by one of the Assistant Directors appointed pursuant

to section 12651e(d)(1)(A) of this title. Such Director" for "The

Director".

1989 - Pub. L. 101-204 struck out subsec. (a) designation before

"The Director may", struck out subsec. (b) which related to

replacement of applicants who become unavailable for service, and

struck out subsec. (c) which related to age quotas.

1984 - Subsec. (a). Pub. L. 98-288 designated existing provisions

as subsec. (a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 322(b) of Pub. L. 103-82 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

the effective date of section 203(b)." [Section 203(b) of Pub. L.

103-82 is effective 18 months after Sept. 21, 1993, or on such

earlier date as the President shall determine to be appropriate and

announce by proclamation in the Federal Register, see section

203(d) of Pub. L. 103-82, set out as a note under section 12651 of

this title.]

-End-

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42 USC Sec. 4953 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4953. Selection and assignment of volunteers

-STATUTE-

(a) Covered projects and programs

The Director, on the receipt of applications by public or

nonprofit private organizations to receive volunteers under this

part, may assign volunteers selected under subsection (b) of this

section to work in appropriate projects and programs sponsored by

such organizations, including work -

(1) in meeting the health, education, welfare, or related needs

of Indians living on reservations or Federal trust lands, of

migratory and seasonal farmworkers and their families, and of

residents of the District of Columbia, the Commonwealth of Puerto

Rico, Guam, American Samoa, or the Virgin Islands;

(2) in the care and rehabilitation of mentally ill,

developmentally disabled, and other handicapped individuals,

especially those with severe handicaps;

(3) in addressing the problems of the homeless, the jobless,

the hungry, and low-income youths;

(4) in addressing the special needs connected with alcohol and

drug abuse prevention, education, and related activities,

consistent with the purpose of this part;

(5) in addressing significant health care problems, including

chronic and life-threatening illnesses and health care for

homeless individuals (especially homeless children) through

prevention, treatment, and community-based care activities;

(6) in connection with programs or activities authorized,

supported, or of a character eligible for assistance under this

chapter or the Community Service Block Grant Act [42 U.S.C. 9901

et seq.], titles VIII and X of the Economic Opportunity Act of

1964 [42 U.S.C. 2991 et seq., 2996 et seq.], the Headstart Act

[42 U.S.C. 9831 et seq.], the Community Economic Development Act

of 1981 [42 U.S.C. 9801 et seq.], or other similar Acts, in

furtherance of the purpose of this subchapter; and

(7) in strengthening, supplementing, and expanding efforts to

address the problem of illiteracy throughout the United States.

(b) Recruitment and placement procedures for local and national

placement of volunteers; establishment, requirements, etc.

(1) The Director shall establish recruitment and placement

procedures that offer opportunities for both local and national

placement of volunteers for service under this part.

(2)(A) The Director shall establish and maintain within the

national headquarters of the Corporation (or any successor entity

of such agency) a volunteer placement office which shall be

responsible for all functions related to the recruitment and

placement of volunteers under this part. Such functions and

activities shall be carried out in coordination or in conjunction

with recruitment and placement activities carried out under the

National and Community Service Trust Act of 1993. Upon the transfer

of the functions of the ACTION Agency to the Corporation for

National and Community Service, the office established under this

subparagraph shall be merged with the recruitment office of such

Corporation. At no time after such transfer of functions shall more

than one office responsible primarily for recruitment exist within

the Corporation.

(B) Such volunteer placement office shall develop, operate, and

maintain a current and comprehensive central information system

that shall, on request, promptly provide information -

(i) to individuals, with respect to specific opportunities for

service as a volunteer with approved projects or programs to

which no volunteer has been assigned; and

(ii) to approved projects or programs, with respect to the

availability of individuals whose applications for service as a

volunteer have been approved and who are awaiting an assignment

with a specific project or program.

additional national, regional, and State personnel to carry out the

functions described in this subsection and subsection (c) of this

section as may be necessary to ensure that such functions are

carried out in a timely and effective manner. The Director shall

give priority in the hiring of such additional personnel to

individuals who have formerly served as volunteers under this part

and to individuals who have specialized experience in the

recruitment of volunteers.

(3) Volunteers shall be selected from among qualified individuals

submitting an application for such service at such time, in such

form, and containing such information as may be necessary to

evaluate the suitability of each individual for such service and to

determine, in accordance with paragraph (7),(!1) the most

appropriate assignment for each such volunteer. The Director shall

approve the application of each individual who applies in

conformance with this subsection and who, on the basis of the

information provided in the application, is determined by the

Director to be qualified to serve as a volunteer under this part.

(4) The Director shall ensure that applications for service as a

volunteer under this part are available to the public on request to

the Corporation (including any State or regional offices of the

Agency) (!2) and that an individual making such request is informed

of the manner in which such application is required to be

submitted. A completed application may be submitted by any

interested individual to, and shall be accepted by, any office of

the Corporation.

(5)(A) The Director shall provide for the assignment of each

applicant approved as a volunteer under this part to a project or

program that is, to the maximum extent practicable, consistent with

the abilities, experiences, and preferences of such applicant that

are set forth in the application described in paragraph (4) and the

needs and preferences of projects or programs approved for the

assignment of such volunteers.

(B) In carrying out subparagraph (A), the Director shall utilize

the information system established under paragraph (2)(B).

service under this part. The Director shall give a locally

recruited volunteer priority for placement in the sponsoring

organization of VISTA that recruited such volunteer.

(D) A volunteer under this part shall not be assigned to any

project or program without the express approval and consent of such

project or program.

(E) If an applicant under this part who is recruited locally

becomes unavailable for service prior to the commencement of

service, the recipient of the project grant or contract that was

designated to receive the services of such applicant may replace

such applicant with another qualified applicant approved by the

Director.

(F) If feasible and appropriate, low-income community volunteers

shall be given the option of serving in the home communities of

such volunteers in teams with nationally recruited specialist

volunteers. The Director shall attempt to assign such volunteers to

serve in the home or nearby communities of such volunteers and

shall make national efforts to attract other individuals to serve

in the VISTA program. The Director shall also, in the assignment of

volunteers under this subparagraph, recognize that

community-identified needs that cannot be met in the local area and

the individual desires of VISTA volunteers in regard to the service

in various geographical areas of the United States should be taken

into consideration.

information; reimbursement of costs; coordination; obligation of

funds

(1) The Director, in conjunction with the personnel described in

subsection (b)(2)(C) of this section, shall engage in public

awareness and recruitment activities. Such activities may include -

(A) public service announcements through radio, television, and

the print media;

(B) advertising through the print media, direct mail, and other

means;

as a volunteer under this part to relevant entities including

institutions of higher education and other educational

institutions (including libraries), professional associations,

community-based agencies, youth service and volunteer

organizations, business organizations, labor unions, senior

citizens organizations, and other institutions and organizations

from or through which potential volunteers may be recruited;

(D) disseminating such information through presentations made

personally by employees of the Corporation or other designees of

the Director, to students and faculty at institutions of higher

education and to other entities described in subparagraph (C),

including presentations made at the facilities, conventions, or

other meetings of such entities;

(E) publicizing the student loan deferment and forgiveness

opportunities available to VISTA volunteers under parts B and E

of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071

et seq., 1087aa et seq.] and including such information in all

applications and recruitment materials;

(F) publicizing national service educational awards available

under the National and Community Service Trust Act of 1993;

(G) providing, on request, technical assistance with the

recruitment of volunteers under this part to programs and

projects receiving assistance under this part; and

(H) maintaining and publicizing a national toll-free telephone

number through which individuals may obtain information about

opportunities for service as a volunteer under this part and

request and receive an application for such service.

(2) In designing and implementing the activities authorized under

this section, the Director shall seek to involve individuals who

have formerly served as volunteers under this part to assist in the

dissemination of information concerning the program established

under this part. The Director may reimburse the costs incurred by

such former volunteers for such participation, including expenses

incurred for travel.

(3) The Director shall consult with the Director of the Peace

Corps to coordinate the recruitment and public awareness activities

carried out under this subsection with those of the Peace Corps and

to develop joint procedures and activities for the recruitment of

volunteers to serve under this part.

(4) Beginning in fiscal year 1991 and for each fiscal year

thereafter, for the purpose of carrying out this subsection, the

Director shall obligate not less than 1.5 percent of the amounts

appropriated for each fiscal year under section 5081(a) of this

title.

(d) Provision of plans to volunteers for job advancement;

coordination with private industry councils or local workforce

investment boards

The Director shall provide each low-income community volunteer

with an individual plan for job advancement or for transition to a

situation leading to gainful employment. Whenever feasible, such

efforts shall be coordinated with an appropriate local workforce

investment board established under section 2832 of title 29.(!3)

(e) Educational and vocational counseling for volunteers; Director

to provide

The Director may provide or arrange for educational and

vocational counseling of volunteers and recent former volunteers

under this part to (1) encourage them to use, in the national

interest, the skills and experience which they have derived from

their training and service, particularly working in combating

poverty as members of the helping professions, and (2) promote the

development of appropriate opportunities for the use of such skills

and experience, and the placement therein of such volunteers.

(f) Terms and conditions; restrictions on political activities;

place of service

Except as provided in subsection (e) of this section, the

assignment of volunteers under this section shall be on such terms

and conditions (including restrictions on political activities that

appropriately recognize the special status of volunteers living

among the persons or groups served by programs to which they have

been assigned) as the Director may determine, including work

assignments in their own or nearby communities.

(g) Program or project submittal to Governor; commencement and

termination of service

Volunteers under this part shall not be assigned to work in a

program or project in any community unless the application for such

program or project contains evidence of local support and has been

submitted to the Governor or other chief executive officer of the

State concerned, and such Governor or other chief executive officer

has not, within 45 days of the date of such submission, notified

the Director in writing, supported by a statement of reasons, that

such Governor or other chief executive officer disapproves such

program or project. In the event of a timely request in writing,

supported by a statement of reasons, by the Governor or other chief

executive officer of the State concerned, the Director shall

terminate a program or project or the assignment of a volunteer to

a program or project not later than 30 days after the date such

request is received by the Director, or at such later date as is

agreed upon by the Director and such Governor or other chief

executive officer.

(h) Interagency agreements

The Director is encouraged to enter into agreements with other

Federal agencies to use VISTA volunteers in furtherance of program

objectives that are consistent with the purposes described in

section 4951 of this title.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 103, Oct. 1, 1973, 87 Stat. 396;

Pub. L. 96-143, Sec. 2, Dec. 13, 1979, 93 Stat. 1074; Pub. L.

98-288, Sec. 4(a)-(c)(1), (d), May 21, 1984, 98 Stat. 189, 190;

Pub. L. 99-551, Sec. 3(a), Oct. 27, 1986, 100 Stat. 3071; Pub. L.

101-204, title I, Sec. 101(a), (b), (d)(2), title VII, Sec. 701,

Dec. 7, 1989, 103 Stat. 1807, 1809, 1811, 1820; Pub. L. 103-82,

title III, Sec. 323, title IV, Sec. 405(a)(2)-(4), Sept. 21, 1993,

107 Stat. 899, 920; Pub. L. 103-304, Sec. 3(b)(7), (8), Aug. 23,

1994, 108 Stat. 1568; Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 405(d)(36)(A), (f)(28)(A)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-427, 2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Community Service Block Grant Act, referred to in subsec.

(a)(6), probably means the Community Services Block Grant Act,

which is subtitle B (Sec. 671 et seq.) of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 9901 of this title and Tables.

The Economic Opportunity Act of 1964, referred to in subsec.

(a)(6), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended.

Titles VIII and X of the Act are classified generally to

subchapters VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.),

respectively, of chapter 34 of this title. For complete

classification of this Act to the Code, see Tables.

The Headstart Act, referred to in subsec. (a)(6), probably means

the Head Start Act, subchapter B (Secs. 635-657) of chapter 8 of

subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

499, as amended, which is classified generally to subchapter II

(Sec. 9831 et seq.) of chapter 105 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 9801 of this title and Tables.

The Community Economic Development Act of 1981, referred to in

subsec. (a)(6), is subchapter A (Secs. 611-633) of chapter 8 of

subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.

489, as amended, which is classified generally to subchapter I

(Sec. 9801 et seq.) of chapter 105 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 9801 of this title and Tables.

The National and Community Service Trust Act of 1993, referred to

in subsecs. (b)(2)(A) and (c)(1)(F), is Pub. L. 103-82, Sept. 21,

1993, 107 Stat. 785. For complete classification of this Act to the

Code, see Short Title note set out under section 12501 of this

title and Tables.

The Higher Education Act of 1965, referred to in subsec.

(c)(1)(E), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Parts B and E of title IV of the Higher Education Act of

1965 are classified to parts B (Sec. 1071 et seq.) and D (Sec.

1087aa et seq.), respectively, of subchapter IV of chapter 28 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 20

and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(28)(A)], which directed the amendment of the second

sentence of subsec. (d) to read as follows: "private industry

council established under the Job Training Partnership Act or", was

executed by amending the second sentence by striking "private

industry council established under the Job Training Partnership Act

or" after "coordinated with an appropriate" to reflect the probable

intent of Congress.

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(36)(A)],

substituted "Whenever feasible, such efforts shall be coordinated

with an appropriate private industry council established under the

Job Training Partnership Act or local workforce investment board

established under section 2832 of title 29." for "Whenever

feasible, such efforts shall be coordinated with an appropriate

private industry council under the Job Training Partnership Act."

1994 - Subsec. (b)(5), (6). Pub. L. 103-304, Sec. 3(b)(7),

redesignated par. (6) as (5).

Subsec. (c)(1)(F). Pub. L. 103-304, Sec. 3(b)(8), realigned

margin.

1993 - Subsec. (a). Pub. L. 103-82, Sec. 323(a)(1), substituted

"public" for "a public" in introductory provisions.

Subsec. (a)(2). Pub. L. 103-82, Sec. 323(a)(2), directed

amendment of par. (2) by striking "and" at end. See 1984 Amendment

note below.

Subsec. (a)(3). Pub. L. 103-82, Sec. 323(a)(3), struck out

"illiterate or functionally illiterate youth and other

individuals," after "the hungry,".

Subsec. (a)(5). Pub. L. 103-82, Sec. 323(a)(4), struck out "and"

at end.

Subsec. (a)(6). Pub. L. 103-82, Sec. 323(a)(5), struck out "or"

before "the Community Economic", inserted "or other similar Acts,"

before "in furtherance of", and substituted "; and" for period at

end.

Subsec. (a)(7). Pub. L. 103-82, Sec. 323(a)(6), added par. (7).

Subsec. (b)(2)(A). Pub. L. 103-82, Sec. 405(a)(2), substituted

"the Corporation (or any" for "the ACTION Agency (or any".

Pub. L. 103-82, Sec. 323(b)(1)(A), amended subpar. (A) generally.

Prior to amendment, subpar. (A) read as follows: "The Director

shall establish and maintain within the national headquarters of

the ACTION Agency a volunteer placement office. The office shall be

headed by an individual designated by the Director to be the

national Administrator of Recruitment and Placement, who shall be

responsible for carrying out the functions described in this

subsection and subsection (c) of this section and all other

functions delegated by the Director relating to the recruitment and

placement of volunteers under this part."

Subsec. (b)(2)(C), (D). Pub. L. 103-82, Sec. 323(b)(1)(B), (C),

redesignated subpar. (D) as (C) and struck out former subpar. (C)

which read as follows: "The Director shall, at a minimum, designate

one employee of the ACTION Agency in each region of the United

States whose primary duties and responsibilities shall be to assist

the Administrator in carrying out the functions described in this

subsection and subsection (c) of this section."

Subsec. (b)(4). Pub. L. 103-82, Sec. 405(a)(3), substituted "the

Corporation" for "the ACTION Agency" in two places.

Pub. L. 103-82, Sec. 323(b)(2), (3), redesignated par. (5) as (4)

and struck out former par. (4) which read as follows: "Each

application for service as a volunteer under this part shall -

"(A) indicate the period of time during which the applicant is

available to serve as a volunteer under this part;

"(B) describe the previous education, training, military and

work experience, and any other relevant skills or interests of

the applicant;

"(C) specify the State or geographic region in which the

applicant prefers to be assigned; and

"(D) specify -

"(i) the type of project or program to which the applicant

prefers to be assigned; or

"(ii) the particular project or program to which the

applicant prefers to be assigned."

Subsec. (b)(5) to (7). Pub. L. 103-82, Sec. 323(b)(2), (3),

redesignated pars. (5) and (7) as (4) and (6), respectively, and

struck out former par. (6) which read as follows: "Completed

applications received by the ACTION Agency shall be forwarded to

the regional ACTION office representing the State in which such

applicant resides. The regional or State employees designated in

subparagraphs (C) and (D) of paragraph (2) shall assist in

evaluating such applications and, to the extent feasible and

appropriate, interviewing applicants."

Subsec. (c)(1). Pub. L. 103-82, Sec. 323(c)(1)(A), (B), in

introductory provisions, substituted "personnel described in

subsection (b)(2)(C)" for "regional or State employees designated

in subparagraphs (C) and (D) of subsection (b)(2)" and "Such

activities may include" for "Such activities shall include".

Subsec. (c)(1)(D). Pub. L. 103-82, Sec. 405(a)(4), substituted

"the Corporation" for "the ACTION Agency".

Subsec. (c)(1)(F) to (H). Pub. L. 103-82, Sec. 323(c)(1)(C), (D),

added subpar. (F) and redesignated former subpars. (F) and (G) as

(G) and (H), respectively.

Subsec. (c)(4) to (6). Pub. L. 103-82, Sec. 323(c)(2), (3),

redesignated par. (6) as (4) and struck out former par. (4) which

required Director to develop annual plan for recruitment of

volunteers under this part and former par. (5) which required that

at least 20 percent of volunteers under this part be between ages

18 and 27 and that at least 20 percent be 55 or older.

Subsec. (h). Pub. L. 103-82, Sec. 323(d), added subsec. (h).

1989 - Pub. L. 101-204, Sec. 101(d)(2)(A), substituted "Selection

and assignment" for "Assignment" in section catchline.

Subsec. (a). Pub. L. 101-204, Sec. 101(d)(2)(B), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "The Director, upon request of

Federal, State, or local agencies, or private nonprofit

organizations, may assign such volunteers to work in the several

States in the local communities in which the volunteers were

recruited in appropriate projects and programs, including work - ".

Subsec. (a)(5), (6). Pub. L. 101-204, Sec. 701, added par. (5)

and redesignated former par. (5) as (6).

Subsec. (b). Pub. L. 101-204, Sec. 101(a), amended subsec. (b)

generally. Prior to amendment subsec. (b) read as follows: "The

Director shall establish, at a cost not to exceed $250,000,

procedures to recruit and place individuals from all walks of life,

age groups, economic levels, and geographic areas to serve as VISTA

volunteers. The procedures shall include an information system to

ensure that potential applicants are made aware of the broad range

of VISTA volunteer opportunities and a system to identify and place

qualified volunteers where their skills are most needed. The

Director shall also establish procedures for national and local

recruitment, media and public awareness efforts, and specialized

campaigns designed to recruit recent college graduates, special

skilled volunteers, and individuals 55 years of age and older. The

Director, wherever feasible and appropriate, shall assign

low-income community volunteers to serve in their home communities

in teams with nationally recruited specialist volunteers. The

Director shall make efforts to assign volunteers to serve in their

home or nearby communities and shall make national efforts to

attract other volunteers to serve in the VISTA program. The

Director shall also, in the assignment of volunteers, recognize

that the community identified needs which cannot be met in the

local area, and the individual desires of VISTA volunteers in

regard to placement in various geographic areas of the Nation,

should be taken into consideration."

Subsecs. (c) to (e). Pub. L. 101-204, Sec. 101(b), added subsec.

respectively.

Subsec. (f). Pub. L. 101-204, Sec. 101(b)(1), (d)(2)(C),

redesignated subsec. (e) as (f) and substituted reference to

subsec. (e) of this section for reference to subsec. (d) of this

section. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 101-204, Sec. 101(b)(1), redesignated former

subsec. (f) as (g).

1986 - Subsec. (b). Pub. L. 99-551 amended subsec. (b) generally.

Prior to amendment, subsec. (b) read as follows: "The Director,

wherever feasible and appropriate, shall assign low-income

community volunteers to serve in their home communities in teams

with nationally recruited specialist volunteers. The Director shall

make efforts to assign volunteers to serve in their home

communities or in nearby communities and shall make national

efforts to attract other volunteers to serve in the VISTA program."

1984 - Subsec. (a). Pub. L. 98-288, Sec. 4(a)(1), inserted "in

the local communities in which the volunteers were recruited" and

inserted ", including work" in provisions before par. (1).

Subsec. (a)(2). Pub. L. 98-288, Sec. 4(a)(2), which directed

substitution of a semicolon for ", under the supervision of

nonprofit institutions or facilities, and", was executed by making

the substitution for ", under the supervision of nonprofit

institutions or facilities; and" to reflect the probable intent of

Congress.

Subsec. (a)(3), (4). Pub. L. 98-288, Sec. 4(a)(4), added pars.

(3) and (4). Former par. (3) redesignated (5).

Subsec. (a)(5). Pub. L. 98-288, Sec. 4(a)(3), (4), redesignated

par. (3) as (5), and substituted "the Community Service Block Grant

Act, titles VIII and X of the Economic Opportunity Act of 1964, the

Headstart Act, or the Community Economic Development Act of 1981,"

for "the Economic Opportunity Act of 1964, as amended".

Subsec. (b). Pub. L. 98-288, Sec. 4(b), substituted "The Director

shall make efforts to assign volunteers to serve in their home

communities or in nearby communities and shall make national

efforts to attract other volunteers to serve in the VISTA program"

for "Not later than 30 days after the assignment of any such

community volunteer, the Director shall insure that each such

volunteer is provided an individual plan designed to provide an

opportunity for job advancement or for transition to a situation

leading to gainful employment. One hundred and twenty days prior to

the completion of such community volunteer's term of service, the

Director shall insure that such plan is updated and reviewed with

the volunteer. The Director shall offer to provide each volunteer

enrolled for a period of full-time service of not less than one

year under this subchapter, and, upon the request of such

volunteer, provide such volunteer with an individual and updated

plan as described in the preceding two sentences".

Subsecs. (c), (d). Pub. L. 98-288, Sec. 4(c)(1)(B), added

subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated

subsecs. (e) and (f), respectively.

Subsec. (e). Pub. L. 98-288, Sec. 4(c)(1)(A), redesignated

subsec. (c) as (e).

Subsec. (f). Pub. L. 98-288, Sec. 4(c)(1)(A), (d), redesignated

subsec. (d) as (f), and substituted "work in a program or project

in any community unless the application for such program or project

contains evidence of local support and" for "duties or work in a

program or project in any State unless such program or project".

1979 - Subsec. (b). Pub. L. 96-143, Sec. 2(a), substituted "Not

later than 30 days after" for "Prior to" and inserted provisions

that the Director offer to provide each volunteer enrolled for a

period of full-time service of not less than one year under this

subchapter, and, upon the request of such volunteer, provide such

volunteer with an individual and updated plan as described in the

preceding two sentences.

Subsec. (d). Pub. L. 96-143, Sec. 2(b), inserted "in a program or

project" after "work" and "or project" after "program" and inserted

provisions requiring notification by a Governor or other chief

executive officer to the Director that such Governor or other chief

executive officer has disapproved a program or project under this

section and requiring the Director to terminate a program or

project under this section in the event of a timely request by the

Governor or other chief executive officer not later than 30 days

after the date such request is received or at such date agreed upon

by the Director and such Governor or other chief executive officer.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(36)(A)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(28)(A)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under

section 3502 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3(b)(10) of Pub. L. 103-304 provided that:

"(A) In general. - Except as provided in subparagraph (B), the

amendments made by this subsection [amending this section and

sections 5024, 12591, 12602, 12615, 12619, 12622, 12651d, 12653,

and 12655n of this title] shall take effect on the date of the

enactment of this Act [Aug. 23, 1994].

"(B) Retroactive effective date. - The amendments made by

paragraphs (1) and (2) [amending sections 12651d and 12655n of this

title] shall take effect as of October 1, 1993."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 323 of Pub. L. 103-82 effective Oct. 1,

1993, see section 392 of Pub. L. 103-82, set out as a note under

section 4951 of this title.

Amendment by section 405(a)(2) to (4) of Pub. L. 103-82 effective

Apr. 4, 1994, see section 406(b) of Pub. L. 103-82, set out as a

note under section 8332 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4954, 4972 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be paragraph "(5)".

(!2) So in original. Probably should be "the Corporation)".

(!3) See 1998 Amendment note below.

-End-

-CITE-

42 USC Sec. 4954 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4954. Terms and periods of service

-STATUTE-

(a) Personal commitment; scope of commitment

Volunteers serving under this part shall be required to make a

full-time personal commitment to combating poverty and

poverty-related problems. To the maximum extent practicable, the

requirement for full-time commitment shall include a commitment to

live among and at the economic level of the people served, and to

remain available for service without regard to regular working

hours, at all times during their periods of service, except for

authorized periods of leave.

(b) Minimum period of service; critical scarce-skill needs

exception; reenrollment; limitation

(1) Volunteers serving under this part may be enrolled initially

for periods of service of not less than 1 year, nor more than 2

years, except as provided in paragraph (2) or subsection (e) of

this section.

(2) Volunteers serving under this part may be enrolled for

periods of service of less than 1 year if the Director determines,

on an individual basis, that a period of service of less than 1

year is necessary to meet a critical scarce skill need.

(3) Volunteers serving under this part may be reenrolled for

periods of service in a manner to be determined by the Director. No

volunteer shall serve for more than a total of 5 years under this

part.

Volunteers under this part shall, upon enrollment, take the oath

of office as prescribed for persons appointed to any office of

honor or profit by section 3331 of title 5, and shall swear (or

affirm) that the volunteer does not advocate the overthrow of the

constitutional form of government of the United States and that the

volunteer is not a member of an organization that advocates the

overthrow of the constitutional form of government of the United

States, knowing that such organization so advocates, except that

persons legally residing within a State but who are not citizens or

nationals of the United States, may serve under this part without

taking or subscribing to such oath, if the Director determines that

the service of such persons will further the interests of the

United States. Such persons shall take such alternative oath or

affirmation as the Director shall deem appropriate.

(d) Grievance and personal view presentation procedure; notice and

hearing; information

The Director shall establish a procedure, including notice and

opportunity to be heard, for volunteers under this part to present

and obtain resolution of grievances and to present their views in

connection with the terms and conditions of their service. The

Director shall promptly provide to each volunteer in service on

October 1, 1973, and to each such volunteer beginning service

thereafter, information regarding such procedure and the terms and

conditions of their service.

(e) Summer associates

(1) Notwithstanding any other provision of this part, the

Director may enroll full-time VISTA summer associates in a program

for the summer months only, under such terms and conditions as the

Director shall determine to be appropriate. Such individuals shall

be assigned to projects that meet the criteria set forth in section

4953(a) of this title.

(2) In preparing reports relating to programs under this chapter,

the Director shall report on participants, costs, and

accomplishments under the summer program separately.

(3) The limitation on funds appropriated for grants and

contracts, as contained in section 4958 of this title, shall not

apply to the summer program.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 104, Oct. 1, 1973, 87 Stat. 397;

Pub. L. 98-288, Sec. 5, May 21, 1984, 98 Stat. 190; Pub. L.

101-204, title VII, Sec. 702, Dec. 7, 1989, 103 Stat. 1821; Pub. L.

103-82, title III, Sec. 324, Sept. 21, 1993, 107 Stat. 900.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82, Sec. 324(a), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

"Volunteers serving under this part may be enrolled for periods of

service not exceeding two years, but for not less than one-year

periods of service, except that volunteers serving under this part

may be enrolled for periods of service of less than one year when

the Director determines, on an individual basis, that a period of

service of less than one year is necessary to meet a critical

scarce-skill need. Volunteers serving under this part may be

reenrolled for periods of service totaling not more than two years.

No volunteer shall serve for more than a total of five years under

this part."

Subsec. (e). Pub. L. 103-82, Sec. 324(b), added subsec. (e).

1989 - Subsec. (c). Pub. L. 101-204 substituted "for persons

appointed to any office of honor or profit by section 3331 of title

5, and shall swear (or affirm) that the volunteer does not advocate

the overthrow of the constitutional form of government of the

United States and that the volunteer is not a member of an

organization that advocates the overthrow of the constitutional

form of government of the United States, knowing that such

organization so advocates, except" for "in section 2504(j) of title

22, except".

1984 - Subsec. (a). Pub. L. 98-288 struck out "human, social, and

environmental" in first sentence after "poverty-related", and

substituted "the requirement for full-time commitment" for "this"

in second sentence.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

TEMPORARY AUTHORITY FOR EXTENSIONS OF PERIOD OF SERVICE

Section 101(c) of Pub. L. 101-204, as amended by Pub. L. 103-82,

title IV, Sec. 405(h), Sept. 21, 1993, 107 Stat. 921, provided

that:

"(1) In general. - Notwithstanding the limitations established in

section 104(b) of the Domestic Volunteer Service Act of 1973 (42

U.S.C. 4954(b)) for the maximum period of service as a volunteer

under part A of title I of such Act (42 U.S.C. 4951 et seq.), the

Chief Executive Officer of the Corporation for National and

Community Service may, subject to paragraphs (2) and (3), extend

beyond such maximum the period of service for such volunteer in any

case in which -

"(A) such extension is requested by the project or program to

which such volunteer involved is assigned; and

"(B) such Director determines that such extension is

appropriate with respect to meeting the goals of such project or

program.

"(2) Limitations on extensions. - With respect to extensions

under paragraph (1) for volunteers described in such paragraph -

"(A) such an extension shall not exceed a 1-year period;

"(B) not more than two of such extensions may be made for any

one volunteer; and

"(C) not more than 1 percent of the total number of such

volunteers serving for the fiscal year involved may receive such

extensions.

"(2) [(3)] Duration of authority. - The authority established in

paragraph (1) shall be effective only for fiscal years 1990 through

1993."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4972, 4973, 5081 of this

title.

-End-

-CITE-

42 USC Sec. 4955 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4955. Support services

-STATUTE-

(a) Stipend; limitation; volunteer leaders; payment upon completion

of term; advancement of accrued stipend; beneficiary of deceased

volunteer

(1)(A) The Director may provide a stipend to volunteers, while

they are in training and during their assignments, enrolled for

periods of service of not less than one year under this part,

except that the Director may, on an individual basis, make an

exception to provide a stipend to a volunteer enrolled under this

part for an extended period of service not totaling one year.

(B) Such stipend shall not exceed $95 per month in fiscal year

1994, but shall be set at a minimum of $100 per month, and a

maximum of $125 per month assuming the availability of funds to

accomplish such maximum, during the service of the volunteer after

October 1, 1994. The Director may provide a stipend of a maximum of

$200 per month in the case of persons who have served as volunteers

under this part for at least 1 year and who, in accordance with

standards established in such regulations as the Director shall

prescribe, have been designated volunteer leaders on the basis of

experience and special skills and a demonstrated leadership among

volunteers.

subsection to an individual who elects to receive a national

service educational award under subtitle D of title I of the

National and Community Service Act of 1990 [42 U.S.C. 12601 et

seq.].

(2) Stipends shall be payable only upon completion of a period of

service, except that under such circumstances as the Director shall

determine, in accordance with regulations which the Director shall

prescribe, the accrued stipend, or any part of the accrued stipend,

may be paid to the volunteer, or, on behalf of the volunteer, to

members of the volunteer's family or others during the period of

the volunteer's service. In the event of the death of a volunteer

during service, the amount of any unpaid stipend shall be paid in

accordance with the provisions of section 5582 of title 5.

(b) Description of allowances and support services; determination

of allowance; adjustments; methodology

(1) The Director shall also provide volunteers such living,

travel (including travel to and from places of training and to and

from locations to which volunteers are assigned during periods of

service) and leave allowances, and such housing, supplies,

equipment, subsistence, clothing, health and dental care,

transportation, supervision, pre-service training and where

appropriate in-service training, technical assistance, and such

other support as the Director deems necessary and appropriate to

carry out the purpose and provisions of this part, and shall insure

that each such volunteer has available such allowances and support

as will enable the volunteer to carry out the purpose and

provisions of this part and to effectively perform the work to

which such volunteer is assigned.

(2) The Director shall set the subsistence allowance for

volunteers under paragraph (1) for each fiscal year so that -

(A) the minimum allowance is not less than an amount equal to

95 percent of such poverty line (as defined in section 9902(2) of

this title) for a single individual as expected for each fiscal

year; and

(B) the average subsistence allowance, excluding allowances for

Hawaii, Guam, American Samoa, and Alaska, is no less than 105

percent of such poverty line.

(3) The Director shall adjust the subsistence allowances for

volunteers serving in areas that have a higher cost of living than

the national average to reflect such higher cost. The Director

shall review such adjustments on an annual basis to ensure that the

adjustments are current.

(1) The Director shall -

(A) make child care available for children of each volunteer

enrolled under this part who need such child care in order to

participate as volunteers; or

(B) provide a child care allowance to each such volunteer who

needs such assistance in order to participate as volunteers.

(2) The Corporation shall establish guidelines regarding the

circumstances under which child care shall be made available under

this subsection and the value of any child care allowance to be

provided.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 105, Oct. 1, 1973, 87 Stat. 398;

Pub. L. 94-130, Sec. 5(a), Nov. 14, 1975, 89 Stat. 684; Pub. L.

96-143, Sec. 3, Dec. 13, 1979, 93 Stat. 1074; Pub. L. 98-288, Sec.

6, May 21, 1984, 98 Stat. 191; Pub. L. 99-551, Sec. 10(i)(1), Oct.

27, 1986, 100 Stat. 3078; Pub. L. 101-204, title I, Sec. 102, Dec.

7, 1989, 103 Stat. 1811; Pub. L. 103-82, title III, Sec. 325, Sept.

21, 1993, 107 Stat. 901.)

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec. (a)(1)(C), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat.

3127, as amended. Subtitle D of title I of the Act is classified

generally to division D (Sec. 12601 et seq.) of subchapter I of

chapter 129 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 12501 of

this title and Tables.

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-82, Sec. 325(a), designated

first sentence as subpar. (A), added subpars. (B) and (C), and

struck out former second sentence which read as follows: "Such

stipend shall not exceed $75 per month in fiscal year 1990, $90 per

month in fiscal year 1991, and $95 per month in subsequent fiscal

years during the volunteer's service, except that the Director may

provide a stipend not to exceed $75 per month in fiscal year 1990,

$90 per month in fiscal year 1991, and $95 per month in subsequent

fiscal years in the case of persons who have served for at least

one year and who, in accordance with standards established in

regulations which the Director shall prescribe, have been

designated volunteer leaders on the basis of experience and special

skills and a demonstrated leadership among volunteers."

Subsec. (b)(3). Pub. L. 103-82, Sec. 325(b)(1), struck out

subpar. (A), struck out subpar. (B) designation before "The

Director shall adjust", and inserted at end: "The Director shall

review such adjustments on an annual basis to ensure that the

adjustments are current.". Prior to amendment, subpar. (A) read as

follows: "The Director shall consult with regional and State

offices of the ACTION Agency to make a determination of the cost of

living within each State and whether there are significant local

price differentials within the State."

Subsec. (b)(4). Pub. L. 103-82, Sec. 325(b)(2), struck out par.

(4) which read as follows: "The Director, in coordination with

regional and State offices of the ACTION Agency and taking into

account paragraphs (2) and (3), shall establish a method for

setting subsistence allowances. The Director shall submit a report

on such methods to the appropriate authorizing committees of

Congress not later than 90 days after the date of enactment of the

fiscal year 1990 appropriation."

Subsec. (c). Pub. L. 103-82, Sec. 325(c), added subsec. (c).

1989 - Subsec. (a)(1). Pub. L. 101-204, Sec. 102(1), substituted

"$75 per month in fiscal year 1990, $90 per month in fiscal year

1991, and $95 per month in subsequent fiscal years" for "$75 per

month" in two places.

Subsec. (b). Pub. L. 101-204, Sec. 102(2), designated existing

provisions as par. (1), substituted "places of training and to and

from locations to which volunteers are assigned during periods of

service)" for "places of training),", and added pars. (2) to (4).

1986 - Subsec. (b). Pub. L. 99-551 substituted "the Director" for

"he" before "deems".

1984 - Subsec. (b). Pub. L. 98-288 inserted "pre-service training

and where appropriate in-service training,".

1979 - Subsec. (a)(2). Pub. L. 96-143 substituted "under such

circumstances as the Director shall determine, in accordance with

regulations which the director shall prescribe, the accrued

stipend, or any part of the accrued stipend, may be paid to the

volunteer, or, on behalf of the volunteer, to members of the

volunteer's family or others during the period of the volunteer's

service" for "in extraordinary circumstances the Director may from

time to time advance all or a portion of the accrued stipend to or

on behalf of a volunteer".

1975 - Subsec. (a)(1). Pub. L. 94-130 substituted "shall not

exceed $75" for "shall not exceed $50".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

ADDITIONAL APPROPRIATIONS AUTHORIZATION

Section 5(b) of Pub. L. 94-130, as amended by Pub. L. 96-143,

Sec. 17, Dec. 13, 1979, 93 Stat. 1082, provided that: "There are

authorized to be appropriated, in addition to the sums authorized

to be appropriated pursuant to section 501 of such Act [section

5081 of this title], such additional sums as may be necessary to

carry out the amendments made by subsection (a) of this section

[amending this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4973, 4992, 5081, 12594,

12595, 12653c, 12655l of this title.

-End-

-CITE-

42 USC Sec. 4956 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4956. Participation of program beneficiaries

-STATUTE-

To the maximum extent practicable, the people of the communities

to be served by volunteers under this subchapter shall participate

in planning, developing, and implementing programs thereunder, and

the Director, after consultation with sponsoring agencies

(including volunteers assigned to them) and the people served by

such agencies, shall establish in regulations, a continuing

mechanism for the meaningful participation of such program

beneficiaries.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 106, Oct. 1, 1973, 87 Stat. 398;

Pub. L. 98-288, Sec. 7, May 21, 1984, 98 Stat. 191.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-288 substituted "establish in regulations" for

"take all necessary steps to establish, in regulations he shall

prescribe".

-End-

-CITE-

42 USC Sec. 4957 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4957. Participation of younger and older persons

-STATUTE-

In carrying out this part and part C of this subchapter, the

Director shall take necessary steps, including the development of

special projects, where appropriate, to encourage the fullest

participation of individuals 18 through 27 years of age, and

individuals 55 years of age and older, in the various programs and

activities authorized under such parts.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 107, Oct. 1, 1973, 87 Stat. 399;

Pub. L. 103-82, title III, Sec. 326, Sept. 21, 1993, 107 Stat.

901.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally. Prior to

amendment, section read as follows: "In carrying out this part and

part C of this subchapter, the Director shall take necessary steps,

including the development of special projects, where appropriate,

to encourage the fullest participation of older persons and older

persons membership groups as volunteers and participant agencies in

the various programs and activities authorized under such parts

and, because of the high proportion of older persons within the

poverty group, shall encourage the development of a variety of

volunteer services to older persons, including special projects, to

assure that such persons are served in proportion to their need."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Sec. 4958 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4958. Limitation on funds appropriated for grants and

contracts for direct cost of supporting volunteers in programs or

projects

-STATUTE-

(a) Of funds appropriated for the purpose of this part under

section 5081 of this title, not more than 30 percent for the fiscal

year ending September 30, 1984, and for each fiscal year

thereafter, may be obligated for the direct cost of supporting

volunteers in programs or projects carried out pursuant to grants

and contracts made under section 5042(12) (!1) of this title.

(b) No funds shall be obligated under this part pursuant to

grants or contracts made after December 13, 1979, for new projects

for the direct cost of supporting volunteers unless the recipient

of each such grant or contract has been selected through a

competitive process which includes -

(1) public announcements of the availability of funds for such

grants or contracts, general criteria for the selection of new

recipients, and a description of the application process and the

application review process; and

(2) a requirement that each applicant for any such grant or

contract identify, with sufficient particularity to assure that

the assignments of volunteers under such grants and contracts

will carry out the purpose of this part, the particular poverty

or poverty-related problems on which the grant or contract will

focus, and any such grant or contract shall specifically so

identify such problems.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 108, as added Pub. L. 94-293, Sec.

4(a)(1), May 27, 1976, 90 Stat. 525; amended Pub. L. 96-143, Sec.

4, Dec. 13, 1979, 93 Stat. 1075; Pub. L. 98-288, Sec. 8, May 21,

1984, 98 Stat. 191; Pub. L. 101-204, title VII, Sec. 703, Dec. 7,

1989, 103 Stat. 1821.)

-REFTEXT-

REFERENCES IN TEXT

Section 5042 of this title, referred to in subsec. (a), was

repealed by Pub. L. 103-82, title II, Sec. 203(b), Sept. 21, 1993,

107 Stat. 892.

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-204 substituted "30 percent" for

"16 per centum".

1984 - Subsec. (a). Pub. L. 98-288, Sec. 8(1), (2), substituted

"1984" for "1977", and struck out "During the fiscal year ending

September 30, 1980 - (1) in no event may in excess of $5,800,000 be

used pursuant to grants and contracts under this part for the

direct cost of supporting such volunteers; and (2) funds obligated

pursuant to such grants and contracts for such cost may be used to

support no greater number of years of volunteer service than the

number of such years supported during the fiscal year ending

September 30, 1979, pursuant to grants and contracts for such

cost."

Subsec. (b)(2). Pub. L. 98-288, Sec. 8(3), struck out "human,

social, or environmental" after "poverty-related".

1979 - Subsec. (a). Pub. L. 96-143, Sec. 4, designated existing

provisions as subsec. (a) and, in subsec. (a) as so designated,

substituted "16" for "20", inserted "During the fiscal year ending

September 30, 1980", and added pars. (1) and (2).

Subsec. (b). Pub. L. 96-143, Sec. 4(b), added subsec. (b).

EFFECTIVE DATE

Section 4(c) of Pub. L. 94-293 provided that: "The amendments

made by subsection (a) and subsection (b) of this section [enacting

this section and amending section 5042 of this title] shall be

effective on October 1, 1976, and shall not apply to any agreement

for the assignment of volunteers entered into before such date

during the period of any such agreement."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4954, 12651b of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 4959 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4959. VISTA Literacy Corps

-STATUTE-

(a) Establishment

As part of the Volunteers in Service to America program

established under this part, the Director shall establish a VISTA

Literacy Corps for the purpose of developing, strengthening,

supplementing, and expanding efforts of both public and nonprofit

organizations at the local, State, and Federal level to mobilize

local, State, Federal, and private sector financial and volunteer

resources to address the problem of illiteracy throughout the

United States.

(b) Assignment of volunteers to projects and programs meeting

antipoverty criteria and providing assistance to illiterates who

are underserved by education programs

The Director shall assign volunteers to projects and programs

that meet the antipoverty criteria of this part that provide

assistance to functionally illiterate and illiterate individuals

who are unserved or underserved by literacy education programs,

with special emphasis upon disadvantaged individuals having the

highest risk of illiteracy, and individuals with the lowest reading

and educational level of competence.

volunteers to address needs of illiterate individuals;

administration of programs by public or private nonprofit

organizations; considerations governing assignment of volunteers

(1) The Director shall assign volunteers under this subsection to

projects and programs that utilize volunteers to address the needs

of illiterate individuals.

(2) Programs and projects under this subsection may be

administered by public or private nonprofit agencies and

organizations including local, State, and national literacy

councils and organizations; community-based nonprofit

organizations; local and State education agencies; local and State

agencies administering adult basic education programs; educational

institutions; libraries; antipoverty organizations; local,

municipal, and State governmental entities, and eligible providers

of employment and training activities under subtitle B of title I

of the Workforce Investment Act of 1998 [29 U.S.C. 2811 et seq.].

(3) In the assignment of volunteers under this subsection the

Director shall give priority consideration to -

(A) programs and projects that assist illiterate individuals in

greatest need of assistance residing in unserved or underserved

areas with the highest concentrations of illiteracy and of low

income individuals and families;

(B) projects and programs serving individuals reading at the

zero to fourth grade levels;

services to high risk populations;

(D) projects and programs operating in areas with the highest

concentration of individuals and families living at or below the

poverty level;

(E) projects and programs providing literacy services to

parents of disadvantaged children between the ages of two and

eight, who may be educationally at risk; and

(F) Statewide programs and projects that encourage the creation

of new literacy efforts, encourage the coordination of intrastate

literacy efforts and provide technical assistance to local

literacy efforts.

(d) Assignment of volunteers to projects and programs utilizing

volunteers to tutor illiterate individuals; administration of

programs by local public or private nonprofit organizations;

considerations in assignment of volunteers

(1) The Director shall assign volunteers under this subsection to

projects and programs that primarily utilize volunteers to tutor

illiterate individuals.

(2) Programs and projects under this subsection may be

administered by local public or private nonprofit agencies and

organizations including local literacy councils and organizations,

community-based nonprofit organizations, local educational

agencies, local agencies administering adult basic education

programs, local educational institutions, libraries, antipoverty

organizations, local and municipal governmental entities, and

eligible providers of employment and training activities under

subtitle B of title I of the Workforce Investment Act of 1998 [29

U.S.C. 2811 et seq.].

(3) In the assignment of volunteers under this subsection the

Director shall give priority consideration to local programs and

projects that assist illiterate individuals in greatest need of

assistance residing in unserved or underserved areas with the

highest concentrations of illiteracy and of low income individuals

and families.

(e) Equitable distribution of volunteers

The Director shall ensure an equitable distribution of volunteers

under this section in accordance with the equitable distribution

requirement of section 5054 of this title.

(f) Membership of VISTA Literacy Corps

The VISTA Literacy Corps shall consist of all volunteers serving

under this part working on literacy projects and programs.

(g) Proportionate reduction of services

In any fiscal year in which the services provided under this part

are reduced, the services provided under this section shall be

proportionately reduced.

(h) Assignment of individual to service in general program

regarding literacy; priority

(1) Subject to paragraph (2), with respect to any individual

providing volunteer services in the program under this section

regarding literacy, the Director may, with the written consent of

the individual, assign the individual to serve in the general

program under this part regarding literacy.

(2) To the extent practicable and without undue delay, the

Director shall ensure that a volunteer under this section is

assigned to the vacancy created within the relevant literacy

project or program established under this section.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 109, as added Pub. L. 99-551, Sec.

4(a), Oct. 27, 1986, 100 Stat. 3072; amended Pub. L. 101-204, title

VI, Sec. 601, Dec. 7, 1989, 103 Stat. 1819; Pub. L. 103-82, title

III, Sec. 327, Sept. 21, 1993, 107 Stat. 902; Pub. L. 105-277, div.

A, Sec. 101(f) [title VIII, Sec. 405(d)(36)(B), (f)(28)(B)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsecs.

(c)(2) and (d)(2), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,

as amended. Subtitle B of title I of the Act is classified

generally to subchapter II (Sec. 2811 et seq.) of chapter 30 of

Title 29, Labor. For complete classification of this Act to the

Code, see Short Title note set out under section 9201 of Title 20,

Education, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsecs. (c)(2), (d)(2). Pub. L. 105-277, Sec. 101(f)

[title VIII, Sec. 405(f)(28)(B)], struck out "administrative

entities designated to administer job training plans under the Job

Training Partnership Act and" before "eligible providers of

employment and training".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(36)(B)],

substituted "administrative entities designated to administer job

training plans under the Job Training Partnership Act and eligible

providers of employment and training activities under subtitle B of

title I of the Workforce Investment Act of 1998" for

"administrative entities designated to administer job training

plans under the Job Training Partnership Act".

1993 - Subsec. (g). Pub. L. 103-82, Sec. 327(1), struck out par.

(1) and struck out par. (2) designation before "In any fiscal".

Prior to amendment, par. (1) read as follows: "Funds made available

under section 5081(a) of this title for the purposes of this

section shall be used to supplement and not supplant the level of

services provided under this part in fiscal year 1986 to address

the problem of illiteracy. The Director shall ensure that records

are maintained to indicate the degree of compliance with this

requirement."

Subsec. (h)(1), (3). Pub. L. 103-82, Sec. 327(2), substituted

"paragraph (2)" for "paragraphs (2) and (3)" in par. (1) and struck

out par. (3) which read as follows: "Nothing in this subsection

shall diminish or otherwise affect the requirement in subsection

(g)(1) of this section that funds made available for this section

shall be used to supplement and not to supplant the 1986 level of

literacy services provided under this part."

1989 - Subsec. (g)(1). Pub. L. 101-204, Sec. 601(1), inserted at

end "The Director shall ensure that records are maintained to

indicate the degree of compliance with this requirement."

Subsec. (h). Pub. L. 101-204, Sec. 601(2), added subsec. (h).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(36)(B)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(28)(B)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under

section 3502 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1986, except as otherwise provided, see

section 11 of Pub. L. 99-551, set out as a note under section 4950

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5081 of this title.

-End-

-CITE-

42 USC Sec. 4960 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part A - Volunteers in Service to America

-HEAD-

Sec. 4960. Applications for assistance

-STATUTE-

In reviewing an application for assistance under this part, the

Director shall not deny such assistance to any project or program,

or any public or private nonprofit organization, solely on the

basis of the duration of the assistance such project, program, or

organization has received under this part prior to the date of

submission of the application. The Director shall grant assistance

under this part on the basis of merit and to accomplish the goals

of the VISTA program, and shall consider the needs and requirements

of projects in existence on such date as well as potential new

projects.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 110, as added Pub. L. 101-204, title

I, Sec. 103, Dec. 7, 1989, 103 Stat. 1812; amended Pub. L. 103-82,

title III, Sec. 328, Sept. 21, 1993, 107 Stat. 902.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

duration; in subsec. (b), consideration of application; in subsec.

(c), new project or program; in subsec. (d), renewal of assistance;

in subsec. (e), eligibility; and in subsec. (f), notice.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Part B - University Year for VISTA 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part B - University Year for VISTA

-HEAD-

PART B - UNIVERSITY YEAR FOR VISTA

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5055, 5081, 12651e of this

title; title 5 sections 8332, 8334, 8411, 8422; title 22 section

4071c.

-End-

-CITE-

42 USC Sec. 4971 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part B - University Year for VISTA

-HEAD-

Sec. 4971. Congressional statement of purpose

-STATUTE-

(a) The purpose of this part is to assist students, through

service-learning and community service programs, to undertake

volunteer service in such a way as to enhance the educational value

of the service experience, through participation in activities that

strengthen and supplement efforts to eliminate and alleviate

poverty and poverty-related problems. Its purpose further is to

provide technical assistance and training to encourage other

students and faculty to engage in volunteer service on a part-time,

self-supporting basis, to meet the needs of the poor in the

surrounding community through expansion of service-learning and

community service programs and otherwise.

(b) This part provides for the University Year for VISTA (UYV)

program of full-time volunteer service by students enrolled in

institutions of higher education. The purpose of the UYV program is

to strengthen and supplement efforts to eliminate poverty and

poverty-related human, social, and environmental problems by

enabling students at cooperating institutions to perform meaningful

and constructive volunteer service in connection with the

satisfaction of course-work while attending such institutions.

Volunteer service under this part is conducted in agencies,

institutions, and situations where the application of human talent

and dedication may assist in the solution of poverty and

poverty-related problems and secure and exploit opportunities for

self-advancement by individuals experiencing such problems.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 111, Oct. 1, 1973, 87 Stat. 399;

Pub. L. 98-288, Sec. 9, May 21, 1984, 98 Stat. 191; Pub. L. 99-551,

Sec. 5, Oct. 27, 1986, 100 Stat. 3073; Pub. L. 101-204, title II,

Sec. 201(2), Dec. 7, 1989, 103 Stat. 1813; Pub. L. 103-82, title

III, Sec. 330(a)(2), (3), Sept. 21, 1993, 107 Stat. 902.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82 substituted "University Year

for VISTA (UYV)" for "University Year for ACTION (UYA)" and

"purpose of the UYV" for "purpose of the UYA".

1989 - Subsec. (a). Pub. L. 101-204, which directed the amendment

of the first sentence of subsec. (a) by inserting "and community

service" after "service-learning" both places it appears, was

executed by making the insertion once in each of the first and

second sentences of subsec. (a), as the probable intent of

Congress.

1986 - Subsec. (a). Pub. L. 99-551, Sec. 5(1), (2), designated

existing provisions as subsec. (a) and struck out "This part

provides for the University Year for ACTION (UYA) program of

full-time volunteer service by students enrolled in institutions of

higher education, together with appropriate powers and

responsibilities designed to assist in the development and

coordination of such programs. The purpose of this part is to

strengthen and supplement efforts to eliminate poverty and

poverty-related human, social, and environmental problems by

enabling students at such cooperating institutions to perform

meaningful and constructive volunteer service in connection with

the satisfaction of such students' course work during their periods

of service while attending such institutions, in agencies,

institutions, and situations where the application of human talent

and dedication may assist in the solution of poverty and

poverty-related problems and secure and exploit opportunities for

self-advancement by persons afflicted with such problems."

Subsec. (b). Pub. L. 99-551, Sec. 5(3), added subsec. (b).

1984 - Pub. L. 98-288 inserted after first sentence "The purpose

of this part is to assist students, through service-learning

programs, to undertake volunteer service in such a way as to

enhance the educational value of the service experience, through

participation in activities that strengthen and supplement efforts

to eliminate and alleviate poverty and poverty-related problems."

and substituted "provide technical assistance and training to

encourage other students and faculty to engage in volunteer service

on a part-time, self-supporting basis, to meet the needs of the

poor in the surrounding community through expansion of

service-learning programs and otherwise" for "encourage other

students and faculty members to engage, on a part-time,

self-supporting basis, in such volunteer service and work along

with volunteers serving under this part; and to promote

participation by such institutions in meeting the needs of the poor

in the surrounding community through expansion of service-learning

programs and otherwise. Its purpose further is to provide for a

program of part-time or short-term service - learning by secondary

and post-secondary school students to strengthen and supplement

efforts to eliminate poverty and poverty-related human, social, and

environmental problems".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-End-

-CITE-

42 USC Sec. 4972 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part B - University Year for VISTA

-HEAD-

Sec. 4972. Authority to operate University Year for VISTA program

-STATUTE-

Except as otherwise provided in this part, the Director is

authorized to conduct or make grants and contracts for, or both,

programs to carry out the purposes of this part in accordance with

the authorities and subject to the restrictions in the provisions

of part A of this subchapter, except for the provisions of sections

4953(f) (!1) and 4954(d) of this title, and except that the

Director may, in accordance with regulations the Director shall

prescribe, determine to reduce or eliminate the stipend for

volunteers serving under this part on the basis of the value of

benefits provided such volunteers by the institution in question

(including the reduction or waiver of tuition).

-SOURCE-

(Pub. L. 93-113, title I, Sec. 112, Oct. 1, 1973, 87 Stat. 399;

Pub. L. 98-288, Sec. 30(b)(1), May 21, 1984, 98 Stat. 197; Pub. L.

99-551, Sec. 10(i)(2), Oct. 27, 1986, 100 Stat. 3078; Pub. L.

103-82, title III, Sec. 330(a)(4), Sept. 21, 1993, 107 Stat. 902.)

-REFTEXT-

REFERENCES IN TEXT

Section 4953(f) of this title, referred to in text, was

redesignated section 4953(g) of this title by Pub. L. 101-204,

title I, Sec. 101(b)(1), Dec. 7, 1989, 103 Stat. 1809.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section catchline generally.

1986 - Pub. L. 99-551 substituted "the Director" for "he" before

"shall prescribe".

1984 - Pub. L. 98-288 substituted "4953(f)" for "4953(d)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4973 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 4973 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part B - University Year for VISTA

-HEAD-

Sec. 4973. Special conditions

-STATUTE-

(a) Academic credit

Volunteers serving under this part shall be enrolled for periods

of service as provided for in subsection (b) of section 4954 of

this title, except that volunteers serving in the University Year

for VISTA program may be enrolled for periods of service of not

less than the duration of an academic semester or its equivalent,

but volunteers enrolled for less than 12 months shall not receive

stipends under section 4955(a)(1) of this title. Volunteers serving

under this part may receive academic credit for such service in

accordance with the regulations of the sponsoring institution of

higher education. Volunteers may receive a living allowance and

such other support or allowances as the Director determines to be

appropriate.

(b) Participation of student volunteers and educational

institutions

Grants to and contracts with institutions to administer programs

under this part shall provide that prospective student volunteers

shall participate substantially in the planning of such programs

and that such institutions shall make available to the poor in the

surrounding community all available facilities, including human

resources, of such institutions in order to assist in meeting the

needs of such poor persons.

monitoring of compliance with commitment; compliance information

to Secretary

(1) In making grants or contracts for the administration of UYV

programs under this part, the Director shall insure that financial

assistance under this chapter to programs carried out pursuant to

section 4972 of this title shall not exceed 90 per centum of the

total cost (including planning costs) of such program during the

first year and such amounts less than 90 per centum as the

Director, in consultation with the institution, may determine for

not more than four additional years, including years in which

support was received under title VIII of the Economic Opportunity

Act of 1964, as amended (42 U.S.C. 2991-2994d). Each such grant or

contract shall stipulate that the institution will make every

effort to (A) assume an increasing proportion of the cost of

continuing a program carrying out the purpose of this part while

the institution receives support under this part; (B) waive or

otherwise reduce tuition for participants in such program, where

such waiver is not prohibited by law; (C) utilize students and

faculty at such institution to carry out, on a self-supporting

basis, appropriate planning for such programs; and (D) maintain

similar service-learning programs after such institution no longer

receives support under this part.

(2) The Director shall take necessary steps to monitor the extent

of compliance by such institutions with commitments entered into

under paragraph (1) of this subsection and shall advise the

Secretary of Health and Human Services of the extent of each such

institution's compliance.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 113, Oct. 1, 1973, 87 Stat. 399;

Pub. L. 96-143, Sec. 5, Dec. 13, 1979, 93 Stat. 1075; Pub. L.

97-35, title VI, Sec. 608(f)(1), Aug. 13, 1981, 95 Stat. 488; Pub.

L. 103-82, title III, Sec. 330(a)(2), (3), (b), Sept. 21, 1993, 107

Stat. 902.)

-REFTEXT-

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, as amended, referred to in

subsec. (c)(1), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as

amended. Title VIII of such Act probably means title VIII of Pub.

L. 88-452 as added by Pub. L. 89-794, title VIII, Sec. 801, Nov. 8,

1966, 80 Stat. 1472, and generally revised and amended by Pub. L.

90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, which was

classified generally to subchapter VIII (Sec. 2991 et seq.) of

chapter 34 of this title. Title VIII of the Economic Opportunity

Act of 1964 as so added and amended was repealed by Pub. L. 93-113,

title VI, Sec. 603, and its provisions are covered by this chapter.

For complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 330(a)(2), (b),

substituted "VISTA program" for "ACTION program" and "semester or

its equivalent" for "year" after "duration of an academic" and

inserted at end "Volunteers may receive a living allowance and such

other support or allowances as the Director determines to be

appropriate."

Subsec. (c)(1). Pub. L. 103-82, Sec. 330(a)(3), substituted "UYV

programs" for "UYA programs".

1981 - Subsec. (c)(2). Pub. L. 97-35 substituted reference to

Secretary of Health and Human Services, for reference to Secretary

of Health, Education, and Welfare.

1979 - Subsec. (a). Pub. L. 96-143 substituted "except that

volunteers serving in the University Year for ACTION program may be

enrolled for periods of service of not less than the duration of an

academic year, but volunteers enrolled for less than 12 months

shall not receive stipends under section 4955(a)(1) of this title.

Volunteers serving under this part" for "and".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Sec. 4974 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part B - University Year for VISTA

-HEAD-

Sec. 4974. Repealed. Pub. L. 103-82, title III, Sec. 329, Sept. 21,

1993, 107 Stat. 902

-MISC1-

Section, Pub. L. 93-113, title I, Sec. 114, Oct. 1, 1973, 87

Stat. 400; Pub. L. 94-293, Sec. 2, May 27, 1976, 90 Stat. 525; Pub.

L. 96-143, Sec. 6, Dec. 13, 1979, 93 Stat. 1075; Pub. L. 97-35,

title VI, Sec. 608(a), Aug. 13, 1981, 95 Stat. 487; Pub. L. 98-288,

Sec. 10, May 21, 1984, 98 Stat. 191; Pub. L. 99-551, Sec. 10(i)(3),

Oct. 27, 1986, 100 Stat. 3078; Pub. L. 101-204, title II, Sec.

201(3), Dec. 7, 1989, 103 Stat. 1813, related to student community

service programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Part C - Special Volunteer Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

PART C - SPECIAL VOLUNTEER PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 4957, 5055, 5081 of this

title; title 5 sections 8332, 8334, 8411, 8422; title 22 section

4071c.

-End-

-CITE-

42 USC Sec. 4991 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

Sec. 4991. Congressional statement of purpose

-STATUTE-

This part provides for special emphasis and demonstration

volunteer programs, together with appropriate powers and

responsibilities designed to assist in the development and

coordination of such programs. The purpose of this part is to

strengthen and supplement efforts to meet a broad range of needs,

particularly those related to poverty, by encouraging and enabling

persons from all walks of life and from all age groups to perform

meaningful and constructive volunteer service in agencies,

institutions, and situations where the application of human talent

and dedication may help to meet such needs. It is the further

purpose of this part to provide technical and financial assistance

to encourage voluntary organizations and volunteer efforts at the

national, State, and local level.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 121, Oct. 1, 1973, 87 Stat. 400;

Pub. L. 98-288, Sec. 11, May 21, 1984, 98 Stat. 191.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-288 struck out "human, social, and

environmental" after "broad range of", and inserted at end "It is

the further purpose of this part to provide technical and financial

assistance to encourage voluntary organizations and volunteer

efforts at the national, State, and local level."

-End-

-CITE-

42 USC Sec. 4992 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

Sec. 4992. Authority to establish and operate special volunteer and

demonstration programs

-STATUTE-

(a) In general

The Director is authorized to conduct special volunteer programs

for demonstration programs, or award grants to or enter into

contracts with public or nonprofit organizations to carry out such

programs. Such programs shall encourage wider volunteer

participation on a full-time, part-time, or short-term basis to

further the purpose of this part, and identify particular segments

of the poverty community that could benefit from volunteer and

other antipoverty efforts.

(b) Assignment and support of volunteers

The assignment of volunteers under this section, and the

provision of support for such volunteers, including any subsistence

allowances and stipends, shall be on such terms and conditions as

the Director shall determine to be appropriate, but shall not

exceed the level of support provided under section 4955 of this

title. Projects using volunteers who do not receive stipends may

also be supported under this section.

In carrying out this section and section 4993 of this title, the

Director shall establish criteria and priorities for awarding

grants and entering into contracts under this part in each fiscal

year. No grant or contract exceeding $100,000 shall be made under

this part unless the recipient of the grant or contractor has been

selected by a competitive process that includes public announcement

of the availability of funds for such grant or contract, general

criteria for the selection of recipients or contractors, and a

description of the application process and application review

process.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 122, Oct. 1, 1973, 87 Stat. 401;

Pub. L. 94-293, Sec. 3(a), May 27, 1976, 90 Stat. 525; Pub. L.

96-143, Sec. 7(a)-(c), Dec. 13, 1979, 93 Stat. 1075, 1076; Pub. L.

98-288, Secs. 12, 30(b)(2), May 21, 1984, 98 Stat. 192, 197; Pub.

L. 99-551, Secs. 6(a), 10(d), (i)(4), Oct. 27, 1986, 100 Stat.

3074, 3077, 3078; Pub. L. 101-204, title III, Sec. 301, Dec. 7,

1989, 103 Stat. 1813; Pub. L. 103-82, title III, Sec. 331, Sept.

21, 1993, 107 Stat. 903.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

youthful offender incarceration alternatives, veterans educational

opportunities, drug abusers counseling, assistance to victims of

domestic violence, periods of service, and identification of

segments of poverty community which could benefit from volunteer

and other antipoverty efforts; in subsec. (b), assignment of

volunteers, and terms and conditions; in subsec. (c), allowances,

supports, services, and stipends for part-time and full-time

volunteers; in subsec. (d), establishment of criteria for grants

and contracts, competitive process, maximum amount, and multiple

grants or contracts; and in subsec. (e), prohibition on use of

funds for certain State offices.

1989 - Subsec. (d)(3), (4). Pub. L. 101-204, Sec. 301(a), added

par. (3) and redesignated former par. (3) as (4).

Subsec. (e). Pub. L. 101-204, Sec. 301(b), added subsec. (e).

1986 - Subsec. (a)(1). Pub. L. 99-551, Secs. 6(a), 10(d),

inserted "(including Indian reservations)" and substituted

"offenders, a program" and "veterans, a program" for "offenders; a

program" and "veterans; a program", respectively.

Subsec. (b). Pub. L. 99-551, Sec. 10(i)(4), substituted "the

Director" for "he" before "shall prescribe".

1984 - Subsec. (c)(2)(B). Pub. L. 98-288, Sec. 30(b)(2),

substituted "4953(f)" for "4953(d)".

Subsec. (d). Pub. L. 98-288, Sec. 12, added subsec. (d).

1979 - Subsec. (a). Pub. L. 96-143, Sec. 7(a), (b), designated

existing provisions as par. (1), inserted "in urban and rural

areas" after "volunteer programs" and ", a program of assistance to

victims of domestic violence, a program to provide technical and

management assistance to distressed communities, a program designed

to provide personal and group financial counseling to low-income

and fixed-income individuals (utilizing volunteers with specialized

or technical expertise), and a Helping Hand program" after "drug

abusers", inserted provisions authorizing the Director to provide

for the recruitment, selection, and training of volunteers in

carrying out programs authorized by this part, and added par. (2).

Subsec. (c). Pub. L. 96-143, Sec. 7(c), inserted provisions

permitting support payments to part-time volunteers enrolled for at

least 20 hours of service per week for at least 26 consecutive

weeks and provisions applying sections 4953(b), (d), 4954(d), and

4955(a) of this title to full-time full-year volunteers whose

service is similar in character to that of VISTA volunteers.

1976 - Subsec. (c). Pub. L. 94-293 inserted provision authorizing

the Director to undertake and support volunteer service programs,

and recruit, etc., volunteers to carry out this part.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

REPORT ON PROGRAMS, ACTIVITIES, GRANTS, AND CONTRACTS RESULTING

FROM AMENDMENT BY SECTION 7 OF PUB. L. 96-143

Section 7(d) of Pub. L. 96-143 directed Director of ACTION

Agency, not later than 18 months after funds were first made

available to carry out activities under the amendments to this part

made by section 7 of Pub. L. 96-143, to submit to appropriate

committees of Congress a report on programs, activities, grants,

and contracts so carried out.

-EXEC-

EXECUTIVE ORDER NO. 12034

Ex. Ord. No. 12034, Jan. 10, 1978, 43 F.R. 1917, which provided

for appointment of ACTION Community Volunteers to the Civilian

Career Service, was revoked by Ex. Ord. No. 12608, Sept. 9, 1987,

52 F.R. 34617.

-End-

-CITE-

42 USC Sec. 4993 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

Sec. 4993. Technical and financial assistance

-STATUTE-

The Director may provide technical and financial assistance to

Federal agencies, State and local governments and agencies, private

nonprofit organizations, employers, and other private organizations

that utilize or desire to utilize volunteers in carrying out the

purpose of this part.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 123, as added Pub. L. 94-293, Sec.

3(b)(1), May 27, 1976, 90 Stat. 525; amended Pub. L. 98-288, Sec.

13, May 21, 1984, 98 Stat. 192; Pub. L. 101-204, title VI, Sec.

602, Dec. 7, 1989, 103 Stat. 1820; Pub. L. 103-82, title III, Sec.

332, Sept. 21, 1993, 107 Stat. 903.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

single sentence authorizing technical and financial assistance for

former subsecs. (a) and (b) which contained similar general

authority and provisions detailing use of the general authority.

1989 - Pub. L. 101-204 designated existing provisions as subsec.

(a) and added subsec. (b).

1984 - Pub. L. 98-288 substituted "(2) technical assistance and

training programs, including the creation or expansion of private

capabilities where possible and the development of voluntary

organizations, with particular emphasis on low-income, minority,

and community-based groups, or (3)" for "or (2)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4992 of this title.

-End-

-CITE-

42 USC Sec. 4994 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

Sec. 4994. Repealed. Pub. L. 103-82, title III, Sec. 333(1), Sept.

21, 1993, 107 Stat. 903

-MISC1-

Section, Pub. L. 93-113, title I, Sec. 124, as added Pub. L.

99-570, title IV, Sec. 4301(1), Oct. 27, 1986, 100 Stat. 3207-152;

amended Pub. L. 100-690, title III, Sec. 3401(a)(1), Nov. 18, 1988,

102 Stat. 4252; Pub. L. 101-204, title III, Sec. 302, title VI,

Sec. 603, Dec. 7, 1989, 103 Stat. 1813, 1820, related to drug abuse

education and prevention services and activities.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Sec. 4995 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER I - NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

Part C - Special Volunteer Programs

-HEAD-

Sec. 4995. Literacy challenge grants

-STATUTE-

(a) Authorization of grants

The Director is authorized to award challenge grants to eligible

public agencies and private organizations to pay the Federal share

of the costs of establishing, operating or expanding community or

employee literacy programs or projects that include the use of

full-time or part-time volunteers as one method of addressing

illiteracy.

(b) Application

Each eligible organization desiring a grant under this section

shall submit to the Corporation an application in such form and

accompanied by such information as the Director may reasonably

require. Each such application shall -

(1) describe the activities for which assistance is sought,

(2) contain assurances that the eligible organization will

provide from non-Federal sources the non-Federal share of the

cost of the program or project,

(3) provide assurances, satisfactory to the Director, that the

literacy project will be operated in cooperation with other

public and private agencies and organizations interested in, and

qualified to, combat illiteracy in the community where the

project is to be conducted, and

(4) contain such other information and assurances as the

Director may reasonably require.

(1)(A) The Federal share of the cost of a program or project

authorized by this section administered by a public agency, a

nonprofit organization other than an organization described in

paragraph (2), or a private, for-profit organization shall not

exceed -

(i) 80 percent in the first fiscal year;

(ii) 70 percent in the second fiscal year; and

(iii) 60 percent in the third fiscal year.

(B) The non-Federal share paid by a private, for-profit

organization shall be in cash.

(2) The Federal share of the cost of a program or project

administered by a nonprofit or community-based organization shall

not exceed -

(A) 90 percent in the first fiscal year;

(B) 80 percent in the second fiscal year; and

(3) The non-Federal share provided by a public agency or a

nonprofit or community-based organization may be provided in cash,

or in kind, fairly evaluated, and may include the use of plant,

equipment, and services.

-SOURCE-

(Pub. L. 93-113, title I, Sec. 124, formerly Sec. 125, as added

Pub. L. 102-73, title VII, Sec. 701(a)(1), July 25, 1991, 105 Stat.

358; renumbered Sec. 124 and amended Pub. L. 103-82, title III,

Sec. 333(2), title IV, Sec. 405(a)(5), Sept. 21, 1993, 107 Stat.

903, 920.)

-MISC1-

PRIOR PROVISIONS

A prior section 124 of Pub. L. 93-113 was classified to section

4994 of this title prior to repeal by Pub. L. 103-82.

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82, Sec. 405(a)(5), substituted

"the Corporation" for "the ACTION Agency" in introductory

provisions.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 405(a)(5) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5081 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

-HEAD-

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3013, 5056, 5058,

5061, 5081, 12592 of this title.

-End-

-CITE-

42 USC Sec. 5000 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

-HEAD-

Sec. 5000. Statement of purposes

-STATUTE-

It is the purpose of -

(1) this subchapter to provide for National Senior Volunteer

Corps, comprised of the Retired and Senior Volunteer Program, the

foster grandparent program, and the senior companion program,

that empower older individuals to contribute to their communities

through volunteer service, enhance the lives of the volunteers

and those whom they serve, and provide communities with valuable

services;

(2) part A of this subchapter, the Retired and Senior Volunteer

Program, to utilize the vast talents of older individuals willing

to share their experiences, abilities, and skills in responding

to a wide variety of community needs;

(3) part B of this subchapter, the foster grandparent program,

to afford low-income older individuals an opportunity to provide

supportive, individualized services to children with exceptional

or special needs; and

(4) part C of this subchapter, the senior companion program, to

afford low-income older individuals the opportunity to provide

personal assistance and companionship to other older individuals

through volunteer service.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 200, as added Pub. L. 101-204,

title V, Sec. 501, Dec. 7, 1989, 103 Stat. 1815; amended Pub. L.

103-82, title III, Secs. 341(b)(1), 342(b), Sept. 21, 1993, 107

Stat. 904.)

-MISC1-

AMENDMENTS

1993 - Par. (1). Pub. L. 103-82, Secs. 341(b)(1), 342(b),

substituted "National Senior Volunteer Corps" for "Older American

Volunteer Programs" and "Retired and Senior Volunteer Program" for

"retired senior volunteer program".

Par. (2). Pub. L. 103-82, Sec. 342(b), substituted "Retired and

Senior Volunteer Program" for "retired senior volunteer program".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Part A - Retired and Senior Volunteer Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part A - Retired and Senior Volunteer Program

-HEAD-

PART A - RETIRED AND SENIOR VOLUNTEER PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5000, 5011, 5021, 5025,

5027, 5028, 5061, 5082, 12651e of this title.

-End-

-CITE-

42 USC Sec. 5001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part A - Retired and Senior Volunteer Program

-HEAD-

Sec. 5001. Grants and contracts for volunteer service projects

-STATUTE-

(a) Approval of projects; rules and regulations

In order to help retired individuals and working older

individuals to avail themselves of opportunities for volunteer

service in their community, the Director is authorized to make

grants to State agencies (established or designated pursuant to

section 3025(a)(1) of this title) or grants to or contracts with

other public and nonprofit private agencies and organizations to

pay part or all of the costs for the development or operation, or

both, of volunteer service projects under this section, if the

Director determines, in accordance with regulations the Director

shall prescribe, that -

(1) volunteers will not be reimbursed for other than

transportation, meals, and other out-of-pocket expenses incident

to the provision of services under this part;

(2) only individuals 55 years of age or older will be enrolled,

and individuals 60 years of age or older will be given priority

for enrollment, as volunteers to provide services under this part

(except for administrative purposes), and such services will be

performed in the community where such individuals reside or in

nearby communities either (A) on publicly owned and operated

facilities or projects, or (B) on local projects sponsored by

private nonprofit organizations (other than political parties),

other than projects involving the construction, operation, or

maintenance of so much of any facility used or to be used for

sectarian instruction or as a place for religious worship;

(3) the project includes such short-term training as may be

necessary to make the most effective use of the skills and

talents of participating volunteers and individuals, and provide

for the payment of the reasonable expenses of such volunteers

while undergoing such training; and

(4) the project is being established and will be carried out

with the advice of persons competent in the field of service

involved, and of persons with interest in and knowledge of the

needs of older persons.

(b) Proportion of required local contribution; exceptions

In no event shall the required proportion of the local

contribution (including in-kind contributions) for a grant or

contract made under this section be more than 10 per centum in the

first year of assistance under this section, 20 per centum in the

second such year, and 30 per centum in any subsequent such years:

Provided, however, That the Director may make exceptions in cases

of demonstrated need, determined (in accordance with regulations

which the Director shall prescribe) on the basis of the financial

capability of a particular recipient of assistance under this

section, to permit a lesser local contribution proportion than any

required contribution proportion established by the Director in

generally applicable regulations.

The Director shall not award any grant or contract under this

part for a project in any State to any agency or organization

unless, if such State has a State agency established or designated

pursuant to section 3025(a)(1) of this title, such agency itself is

the recipient of the award or such agency has been afforded at

least forty-five days in which to review the project application

and make recommendations thereon.

(d) Volunteer service as employment

Notwithstanding any other provision of law, volunteer service

under this part shall not be deemed employment for any purpose

which the Director finds is not fully consistent with the

provisions and in furtherance of the purpose of this part.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 201, Oct. 1, 1973, 87 Stat. 401;

Pub. L. 93-351, Sec. 4, July 12, 1974, 88 Stat. 357; Pub. L.

95-478, title IV, Sec. 402(a), Oct. 18, 1978, 92 Stat. 1556; Pub.

L. 98-288, Sec. 14(a), (b), May 21, 1984, 98 Stat. 192; Pub. L.

101-204, title IX, Sec. 902(2), Dec. 7, 1989, 103 Stat. 1826; Pub.

L. 103-82, title III, Sec. 343, Sept. 21, 1993, 107 Stat. 904.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 343(1), substituted

"retired individuals and working older individuals" for "retired

persons" in introductory provisions.

Subsec. (a)(2). Pub. L. 103-82, Sec. 343(2), substituted "55

years of age or older" for "aged sixty or over" and inserted ", and

individuals 60 years of age or older will be given priority for

enrollment," after "will be enrolled".

1989 - Subsec. (a). Pub. L. 101-204, Sec. 902(2)(A), substituted

"projects" for "programs" in introductory provisions.

Subsec. (a)(3), (4). Pub. L. 101-204, Sec. 902(2)(B), substituted

"project" for "program".

1984 - Subsec. (a). Pub. L. 98-288, Sec. 14(a), substituted "the

Director" for "he" in two places in provisions before par. (1).

Subsec. (b). Pub. L. 98-288, Sec. 14(b), substituted "and 30 per

centum in any subsequent such years" for "30 per centum in the

third such year, 40 per centum in the fourth such year, and 50 per

centum in any subsequent such years".

1978 - Subsec. (a). Pub. L. 95-478, Sec. 402(a)(1), substituted

reference to section "3025(a)(1)" for "3024(a)(1)" of this title.

Subsec. (c). Pub. L. 95-478, Sec. 402(a)(1), (2), substituted

reference to section "3025(a)(1)" for "3024(a)(1)" of this title

and decreased period for review to "forty-five" from "sixty" days.

Subsec. (d). Pub. L. 95-478, Sec. 402(a)(3), added subsec. (d).

1974 - Subsecs. (b), (c). Pub. L. 93-351 added subsec. (b) and

redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

AGING RESOURCE SPECIALISTS FOR COORDINATION OF NATIONAL OLDER

AMERICAN VOLUNTEER PROGRAMS WITH STATE AND COMMUNITY PROGRAMS ON

AGING AND NUTRITION PROGRAMS FOR ELDERLY; DESIGNATION; DUTIES;

DEFINITIONS

Pub. L. 94-135, title II, Sec. 205(c), Nov. 28, 1975, 89 Stat.

727, as amended by Pub. L. 103-82, title III, Sec. 341(b)(4), title

IV, Sec. 405(i), Sept. 21, 1993, 107 Stat. 904, 921, provided that:

"(1) In order to provide maximum coordination between programs

carried out under title III and title VII of the Older Americans

Act of 1965 (42 U.S.C. 3021 et seq.; 42 U.S.C. 3045 et seq.) and

National Senior Volunteer Corps programs carried out under title II

of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et

seq.) [42 U.S.C. 5000 et seq.], in order to enhance the

effectiveness of the support provided to such National Senior

Volunteer Corps programs by the Corporation for National and

Community Service, the Chief Executive Officer of the Corporation

shall designate an aging resource specialist with respect to

programs carried out in each State under title II of the Domestic

Volunteer Service Act of 1973 [this subchapter].

"(2)(A) Each aging resource specialist designated under paragraph

(1) shall be qualified to serve in such capacity by appropriate

experience and training, and shall be stationed in a State office

of the Corporation.

"(B) The primary responsibility of each aging resource specialist

shall be -

"(i) to support programs carried out under title II of the

Domestic Volunteer Service Act of 1973 [this subchapter] in any

State or other jurisdiction served by the State office involved;

and

"(ii) to seek to coordinate such programs with programs carried

out under title III and title VII of the Older Americans Act of

1965 [sections 3021 et seq. and 3045 et seq. of this title] in

any such State or other jurisdiction.

"(3) For purposes of this subsection -

"(A) the term 'Corporation' means the Corporation for National

and Community Service established by section 191 of the National

and Community Service Act of 1990 [42 U.S.C. 12651].[;]

"(B) the term 'primary responsibility' means the devotion of

more than one-half of regular working hours to the performance of

duties described in paragraph (2)(B); and

"(C) the term 'State' means the several States, the District of

Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa,

and the Trust Territory of the Pacific Islands."

[For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.]

-End-

-CITE-

42 USC Part B - Foster Grandparent Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part B - Foster Grandparent Program

-HEAD-

PART B - FOSTER GRANDPARENT PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5000, 5013, 5021, 5025,

5027, 5028, 5056, 5061, 5082, 12651e, 12653 of this title.

-End-

-CITE-

42 USC Sec. 5011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part B - Foster Grandparent Program

-HEAD-

Sec. 5011. Grants and contracts for individual service projects

-STATUTE-

(a) Foster Grandparent projects; amount

The Director is authorized to make grants to or contracts with

public and nonprofit private agencies and organizations to pay part

or all of the cost of development and operation of projects

(including direct payments to individuals serving under this part)

designed for the purpose of providing opportunities for low-income

persons aged sixty or over to provide supportive person-to-person

services in health, education, welfare, and related settings to

children having exceptional needs. Such services may include

services by individuals serving as foster grandparents to children

who are individuals with disabilities, who have chronic health

conditions, who are receiving care in hospitals, who are residing

in homes for dependent and neglected children, or who are receiving

services provided by day care centers, schools, early intervention

programs under part H (!1) of the Individuals with Disabilities

Education Act (20 U.S.C. 1471 et seq.), Head Start agencies under

the Head Start Act [42 U.S.C. 9831 et seq.], or any of a variety of

other programs, establishments, and institutions providing services

for children with special or exceptional needs. Individual foster

grandparents may provide person-to-person services to one or more

children, depending on the needs of the project and local site. The

Director may approve assistance in excess of 90 per centum of the

costs of the development and operation of such projects only if the

Director determines, in accordance with regulations the Director

shall prescribe establishing objective criteria, that such action

is required in furtherance of the purpose of this section.

Provision for such assistance shall be effective as of September

19, 1972. In the case of any project with respect to which, prior

to such date, a grant or contract has been made under section

3044b(a) (!1) of this title or with respect to any project under

the Foster Grandparent program in effect prior to September 17,

1969, contributions in cash or in kind from the Bureau of Indian

Affairs, Department of the Interior, toward the cost of the project

may be counted as part of the cost thereof which is met from

non-Federal sources.

(b) Person-to-person services to children in an individual service

project by public or private nonprofit agency; authority and

criteria for determinations; mutual agreements between parties

(1) Any public or private nonprofit agency or organization

responsible for providing person-to-person services to a child in a

project carried out under subsection (a) of this section shall have

the exclusive authority to determine, pursuant to the provisions of

paragraph (2) of this subsection -

(A) which children may receive supportive person-to-person

services under such project; and

(B) the period of time during which such services shall be

continued in the case of each individual child.

(2) In the event that such an agency or organization determines

that it is in the best interests of a mentally retarded child

receiving, and of a particular foster grandparent providing,

services in such a project, such relationship may be continued

after the child reaches the chronological age of 21: Provided, That

such child was receiving such services prior to attaining the

chronological age of 21. If the particular foster grandparent

subject to the determination under this paragraph becomes

unavailable to serve after such determination is made, the agency

or organization may select another foster grandparent.

(3) Any determination made by a public or nonprofit private

agency or organization under paragraphs (1) and (2) of this

subsection shall be made through mutual agreement by all parties

involved with respect to the provision of services to the child

involved.

For the purposes of this section, the terms "child" and

"children" mean any individual or individuals who are less than 21

years of age.

(d) Domestic Volunteer Service; allowances, stipends, and other

support

The Director, in accordance with regulations the Director shall

prescribe, may provide to low-income persons serving as volunteers

under this part, such allowances, stipends, and other support as

the Director determines are necessary to carry out the purpose of

this part. Any stipend or allowance provided under this section

shall not be less than $2.45 per hour on and after October 1, 1993,

and shall be adjusted once prior to December 31, 1997, to account

for inflation, as determined by the Director and rounded to the

nearest five cents, except that (1) such stipend or allowance shall

not be increased as a result of an amendment made to this sentence

unless the funds appropriated for carrying out this part are

sufficient to maintain for the fiscal year in question a number of

participants to serve under this part at least equal to the number

of such participants serving during the preceding fiscal year, and

(2) in the event that sufficient appropriations for any fiscal year

are not available to increase any such stipend or allowance

provided to the minimum hourly rate specified in this sentence, the

Director shall increase the stipend or allowance to such amount as

appropriations for such year permit consistent with clause (1) of

this exception. In establishing the amount of, and the effective

date for, such adjustment, the Director, in consultation with the

State Commissions on National and Community Service (as established

under section 12638 of this title) and the heads of the State

offices established under section 12651f of this title, shall

consider the effect such adjustment will have on the ability of

non-federally funded volunteer programs similar to the programs

under this subchapter to maintain their current level of volunteer

hours.

(e) "Low-income person" and "person of low income" defined

For purposes of this part, the terms "low-income person" and

"person of low income" mean -

(1) any person whose income is not more than 125 per centum of

the poverty line defined in section 9902(2) of this title and

adjusted by the Director in the manner described in such section;

and

(2) any person whose income is not more than 100 per centum of

such poverty line, as so adjusted and determined by the Director

after taking into consideration existing poverty guidelines as

appropriate to local situations.

Persons described in paragraph (2) shall be given special

consideration for participation in projects under this part.

(f) Persons entitled to serve as volunteers; application of

regulations to volunteers; equal treatment to all volunteers by

recipients of grants; conditions of grants; use of funds; payment

of costs

(1)(A) Except as provided in subparagraphs (B) and (C),

individuals who are not low-income persons may serve as volunteers

under this part, in accordance with such regulations as the

Director shall issue, if such individuals serve without receiving

any allowance, stipend, or other financial support under this part

except reimbursement for transportation, meals, and out-of-pocket

expenses incident to serving under this part.

(B) The regulations issued by the Director to carry out this part

(other than any regulations relating to allowances, stipends, and

other financial support authorized by subsection (d) of this

section to be paid under this part to low-income persons) shall

apply to all volunteers under this part, without regard to whether

such volunteers are eligible to receive a stipend under subsection

(d) of this section.

volunteers under this part in any community in which there are

volunteers serving under part A of this subchapter unless such

individuals have been referred previously for possible placement as

volunteers under part A of this subchapter and such placement did

not occur.

(2)(A) Except as provided in subparagraph (B), each recipient of

a grant or contract to carry out a project under this part shall

give equal treatment to all volunteers who participate in such

project, without regard to whether such volunteers are eligible to

receive a stipend under subsection (d) of this section.

(B) An individual who is not a low-income person may not become a

volunteer under this part if allowing such individual to become a

volunteer under this part would prevent a low-income individual

from becoming a volunteer under this part or would displace a

low-income person from being such a volunteer.

(3) The Director may not take into consideration or require as a

condition of receiving a grant or contract to carry out a project

under this part, any applicant for such grant or contract -

(A) to accept or recruit individuals who are not low-income

persons to serve as volunteers under this part; or

(B) to solicit locally generated contributions, in cash or in

kind, to support such individuals.

The Director may not coerce any applicant for, or recipient of,

such grant or contract to engage in conduct described in

subparagraph (A) or (B).

(4) Funds appropriated to carry out this part may not be used to

pay any cost, including any administrative cost, incurred in

connection with volunteers under this part who do not receive a

stipend under subsection (d) of this section. Such cost incurred

with respect to a volunteer may be paid with -

(A) funds received by the Director as unrestricted gifts;

(B) funds received by the Director as gifts to pay such cost;

(D) locally generated contributions in excess of the amount

required to be contributed under subsection (a) of this section,

in the discretion of the recipient of a grant or contract under

such subsection.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 211, Oct. 1, 1973, 87 Stat. 402;

Pub. L. 94-135, title II, Sec. 205(b)(1), (2), Nov. 28, 1975, 89

Stat. 727; Pub. L. 94-293, Sec. 7, May 27, 1976, 90 Stat. 526; Pub.

L. 95-478, title IV, Sec. 402(b), Oct. 18, 1978, 92 Stat. 1557;

Pub. L. 97-35, title VI, Sec. 608(b), Aug. 13, 1981, 95 Stat. 487;

Pub. L. 98-288, Sec. 14(c), May 21, 1984, 98 Stat. 192; Pub. L.

99-551, Sec. 7(a)(1), Oct. 27, 1986, 100 Stat. 3074; Pub. L.

101-204, title V, Secs. 503, 504, Dec. 7, 1989, 103 Stat. 1817;

Pub. L. 103-82, title III, Secs. 344, 345, Sept. 21, 1993, 107

Stat. 904, 905.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended. Part H of the Act was classified generally to

subchapter VIII (Sec. 1471 et seq.) of chapter 33 of Title 20,

Education, prior to repeal by Pub. L. 105-17, title II, Sec.

203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. For

complete classification of this Act to the Code, see section 1400

of Title 20 and Tables.

The Head Start Act, referred to in subsec. (a), is subchapter B

(Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 9801 of this title and

Tables.

Section 3044b of this title, referred to in subsec. (a), related

to grants and contracts for Foster Grandparent projects and for

services as senior health aides and senior companions, amount of

award, method of payment, and exclusion as income of compensation

to individual volunteers, was repealed by section 604(a) of Pub. L.

93-113, and is covered by this section and sections 5022 and 5058

of this title.

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 344, struck out ",

including services by individuals serving as 'foster grandparents'

to children receiving care in hospitals, homes for dependent and

neglected children, or other establishments providing care for

children with special needs" after "having exceptional needs" in

first sentence and inserted after first sentence "Such services may

include services by individuals serving as foster grandparents to

children who are individuals with disabilities, who have chronic

health conditions, who are receiving care in hospitals, who are

residing in homes for dependent and neglected children, or who are

receiving services provided by day care centers, schools, early

intervention programs under part H of the Individuals with

Disabilities Education Act (20 U.S.C. 1471 et seq.), Head Start

agencies under the Head Start Act, or any of a variety of other

programs, establishments, and institutions providing services for

children with special or exceptional needs. Individual foster

grandparents may provide person-to-person services to one or more

children, depending on the needs of the project and local site."

Subsec. (d). Pub. L. 103-82, Sec. 345, in second sentence

substituted "Any stipend or allowance provided under this section

shall not be less than $2.45 per hour on and after October 1, 1993,

and shall be adjusted once prior to December 31, 1997, to account

for inflation, as determined by the Director and rounded to the

nearest five cents," for "Any stipend or allowance provided under

this subsection shall not be less than $2.20 per hour until October

1, 1990, $2.35 per hour during fiscal year 1991, and $2.50 per hour

on and after October 1, 1992," and inserted sentence at end

relating to consideration of effect of adjustment on non-federally

funded volunteer programs.

1989 - Subsec. (d). Pub. L. 101-204, Sec. 503, inserted "until

October 1, 1990, $2.35 per hour during fiscal year 1991, and $2.50

per hour on and after October 1, 1992" after "$2.20 per hour" in

introductory provisions, substituted "such stipend or allowance

shall not be increased as a result of an amendment made" for "no

increase in the stipend of allowance shall be made pursuant" in cl.

(1), and substituted "the minimum hourly rate specified in this

sentence" for "$2.20 per hour" in cl. (2).

Subsec. (f)(1)(C). Pub. L. 101-204, Sec. 504(1), inserted before

period at end "unless such individuals have been referred

previously for possible placement as volunteers under part A of

this subchapter and such placement did not occur".

Subsec. (f)(3). Pub. L. 101-204, Sec. 504(2), inserted "take into

consideration or" after "may not", inserted "or recruit" after

"accept" in subpar. (A), and inserted at end "The Director may not

coerce any applicant for, or recipient of, such grant or contract

to engage in conduct described in subparagraph (A) or (B)."

1986 - Subsec. (d). Pub. L. 99-551, Sec. 7(a)(1)(A), inserted

"low-income" after "may provide to".

Subsec. (f). Pub. L. 99-551, Sec. 7(a)(1)(B), added subsec. (f).

1984 - Subsec. (a). Pub. L. 98-288, Sec. 14(c)(1), substituted

"the Director" for "he" in two places.

Subsec. (b)(2). Pub. L. 98-288, Sec. 14(c)(2), inserted at end

"If the particular foster grandparent subject to the determination

under this paragraph becomes unavailable to serve after such

determination is made, the agency or organization may select

another foster grandparent."

Subsec. (d). Pub. L. 98-288, Sec. 14(c)(3), substituted "the

Director" for "he" in two places and "$2.20" for "$2" in two

places.

Subsec. (e). Pub. L. 98-288, Sec. 14(c)(4), in amending subsec.

(e) generally, substituted "poverty line defined in section 9902(2)

of this title and adjusted by the Director in the manner described

in such section" for "poverty line set forth in section 2971d of

this title" and "any person whose income is not more than 100 per

centum of such poverty line, as so adjusted and determined by the

Director after taking into consideration existing poverty

guidelines as appropriate to local situations" for "any person

considered a poor or low-income person under section 5061(4) of

this title".

1981 - Subsecs. (b) to (f). Pub. L. 97-35, Sec. 608(b), struck

out subsec. (b) which related to service as senior health aides and

senior companions, and redesignated subsecs. (c) to (f) as (b) to

(e), respectively.

1978 - Subsecs. (e), (f). Pub. L. 95-478 added subsecs. (e) and

(f).

1976 - Subsecs. (c), (d). Pub. L. 94-293 added subsecs. (c) and

(d).

1975 - Subsec. (a). Pub. L. 94-135, Sec. 205(b)(1), substituted

"individuals" for "volunteers" where appearing first and third

places and struck out "serve as volunteers to" before "provide

supportive person-to-person services".

Subsec. (b). Pub. L. 94-135, Sec. 205(b)(2), substituted

"individuals" for "volunteers".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

Section 7(a)(2) of Pub. L. 99-551 provided that: "Section

211(f)(3) of the Domestic Volunteer Service Act of 1973 [subsec.

(f)(3) of this section], as added by paragraph (1), shall apply

with respect to grants and contracts made under section 211(a) of

such Act before the date of the enactment of this Act [Oct. 27,

1986]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5013, 12653 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part B - Foster Grandparent Program

-HEAD-

Sec. 5012. Repealed. Pub. L. 103-82, title III, Sec. 346, Sept. 21,

1993, 107 Stat. 905

-MISC1-

Section, Pub. L. 93-113, title II, Sec. 212, Oct. 1, 1973, 87

Stat. 402; Pub. L. 94-135, title II, Sec. 205(b)(3), Nov. 28, 1975,

89 Stat. 727; Pub. L. 95-478, title IV, Sec. 402(c), Oct. 18, 1978,

92 Stat. 1557; Pub. L. 101-204, title IX, Sec. 902(4), Dec. 7,

1989, 103 Stat. 1826, set forth conditions of grants and contracts

and defined "community action agency".

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Part C - Senior Companion Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part C - Senior Companion Program

-HEAD-

PART C - SENIOR COMPANION PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5000, 5021, 5025, 5027,

5028, 5056, 5061, 5082, 12651e of this title.

-End-

-CITE-

42 USC Sec. 5013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part C - Senior Companion Program

-HEAD-

Sec. 5013. Grants and contracts for volunteer service projects

-STATUTE-

(a) Costs of project development and operation

The Director is authorized to make grants to or contracts with

public and nonprofit private agencies and organizations to pay part

or all of the cost of development and operation of projects

(including direct payments to individuals serving under this part

in the same manner as provided in section 5011(a) of this title)

designed for the purpose of providing opportunities for low-income

persons aged 60 or over to serve as "senior companions" to persons

with exceptional needs. Senior companions may provide services

designed to help older persons requiring long-term care, including

services to persons receiving home health care, nursing care,

home-delivered meals or other nutrition services; services designed

to help persons deinstitutionalized from mental hospitals, nursing

homes, and other institutions; and services designed to assist

persons having developmental disabilities and other special needs

for companionship.

(b) Application of other laws

Subsections (d), (e), and (f) of section 5011 of this title, and

such other provisions of part B as the Director determines to be

necessary, shall apply to this part, except that for purposes of

this part any reference in such subsections and such provisions to

part B shall be deemed to be a reference to this part.

(1) The Director is authorized to make grants or contracts after

(!1) subsection (a) of this section for senior companion projects

to assist homebound elderly individuals to remain in their own

homes and to enable institutionalized elderly individuals to return

to home care settings.

(2)(A) The Director is authorized to recruit, subject to

subparagraph (B), senior companion volunteer trainers who on the

basis of experience (such as, doctors, nurses, home economists,

social workers) will be used to train senior companion volunteers

to participate in and monitor initial and continuing needs

assessments and appropriate in-home services for senior companion

volunteer recipients. The needs assessments and in-home services

shall be coordinated with and supplement existing community based

home health and long-term care systems. The Director may also use

senior companion volunteer leaders, who on the basis of experience

as volunteers, special skills, and demonstrated leadership

abilities may spend time in the program (in addition to their

regular assignment) to assist newer senior companion volunteers in

performing their assignments and in coordinating activities of such

volunteers.

(B) Senior companion volunteer trainers recruited under

subparagraph (A) of this paragraph shall not be paid stipends.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 213, as added Pub. L. 97-35, title

VI, Sec. 608(c)(2), Aug. 13, 1981, 95 Stat. 487; amended Pub. L.

98-288, Sec. 15, May 21, 1984, 98 Stat. 193; Pub. L. 99-551, Secs.

7(b), 10(c)(1), Oct. 27, 1986, 100 Stat. 3075, 3077; Pub. L.

101-204, title IX, Sec. 902(5), Dec. 7, 1989, 103 Stat. 1826; Pub.

L. 103-82, title III, Sec. 347, Sept. 21, 1993, 107 Stat. 905.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(3). Pub. L. 103-82 struck out par. (3) which

required an evaluation of, and report on, impact of senior

companion projects to assist homebound elderly.

1989 - Subsec. (c)(1). Pub. L. 101-204 inserted "after subsection

(a) of this section" after "grants or contracts", and "individuals"

after "elderly" in two places.

1986 - Pub. L. 99-551 inserted "for volunteer service projects"

in section catchline and amended subsec. (b) generally. Prior to

amendment, subsec. (b) read as follows: "The provisions of section

5011(d) of this title and section 5011(e) of this title and such

other provisions of part B as the Director determines to be

necessary shall apply to the provisions of this part."

1984 - Subsec. (c). Pub. L. 98-288 added subsec. (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "under".

-End-

-CITE-

42 USC Part D - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

PART D - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 5021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5021. Promotion of National Senior Volunteer Corps

-STATUTE-

(a)(1) In carrying out this subchapter, the Director shall

consult with the Departments of Labor and Health and Human

Services, and any other Federal agencies administering relevant

programs with a view to achieving optimal coordination with such

other programs, and shall promote the coordination of projects

under this subchapter with other public or private programs or

projects carried out at State and local levels. Such Federal

agencies shall cooperate with the Director in disseminating

information about the availability of assistance under this

subchapter and in promoting the identification and interest of

low-income and other older persons whose services may be utilized

in projects under this subchapter.

(2) To the maximum extent practicable, the Director shall enter

into agreements with -

(A) the Department of Health and Human Services to -

(i) involve retired and senior volunteers, and foster

grandparents, in Head Start programs;

(ii) involve retired and senior volunteers, and senior

companions, in providing services authorized by title III of

the Older Americans Act of 1965 [42 U.S.C. 3021 et seq.]; and

(iii) promote the recognition of such volunteers who are

qualified to provide in-home services for reimbursement under

title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]

for providing such services;

(B) the Department of Education to promote intergenerational

tutoring and mentoring for at-risk children; and

efforts.

(b)(1) In carrying out this subchapter, the Director shall

encourage and facilitate the efforts of private organizations to

promote the programs established in parts A, B, and C of this

subchapter and the involvement of older individuals as volunteers

in such programs.

(2) The Director shall take appropriate actions to ensure that

special efforts are made to publicize the programs established in

parts A, B, and C of this subchapter, in order to facilitate

recruitment efforts, to encourage greater participation of

volunteers, and to emphasize the value of volunteering to the

health and well-being of volunteers and the communities of such

volunteers. Such actions shall include informing recipients of

grants and contracts under this subchapter of all informational

materials available from the Director.

(3) From funds appropriated under section 5082 of this title, the

Director shall expend not less than $375,000 in each fiscal year to

carry out paragraph (2).

-SOURCE-

(Pub. L. 93-113, title II, Sec. 221, Oct. 1, 1973, 87 Stat. 403;

Pub. L. 96-143, Sec. 18(b), Dec. 13, 1979, 93 Stat. 1083; Pub. L.

97-35, title VI, Sec. 608(f)(2), Aug. 13, 1981, 95 Stat. 488; Pub.

L. 101-204, title V, Sec. 505, Dec. 7, 1989, 103 Stat. 1817; Pub.

L. 103-82, title III, Secs. 341(b)(2), 348, Sept. 21, 1993, 107

Stat. 904, 905.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsec.

(a)(2)(A)(ii), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Title III of the Act is classified generally to subchapter

III (Sec. 3021 et seq.) of chapter 35 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3001 of this title and Tables.

The Social Security Act, referred to in subsec. (a)(2)(A)(iii),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title

XVIII of the Act is classified generally to subchapter XVIII (Sec.

1395 et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 341(b)(2), substituted "National

Senior Volunteer Corps" for "older American volunteer programs" in

section catchline.

Subsec. (a). Pub. L. 103-82, Sec. 348(a), designated existing

provisions as par. (1) and added par. (2).

Subsec. (b)(3). Pub. L. 103-82, Sec. 348(b), substituted

"$375,000" for "$250,000".

1989 - Pub. L. 101-204 substituted "Promotion of older American

volunteer" for "Coordination with other Federal" in section

catchline, designated existing provisions as subsec. (a), and added

subsec. (b).

1981 - Pub. L. 97-35 substituted "Health and Human Services" for

"Health, Education, and Welfare" and struck out reference to

Community Services Administration.

1979 - Pub. L. 96-143 substituted "Community Services

Administration" for "Office of Economic Opportunity".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Sec. 5022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5022. Payments; adjustments; advances or reimbursement;

installments; conditions

-STATUTE-

Payments under this subchapter pursuant to a grant or contract

may be made (after necessary adjustment, in the case of grants, on

account of previously made overpayments or underpayments) in

advance or by way of reimbursement, in such installments and on

such conditions, as the Director may determine.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 222, Oct. 1, 1973, 87 Stat. 403.)

-End-

-CITE-

42 USC Sec. 5023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5023. Minority group participation

-STATUTE-

The Director shall take appropriate steps to insure that special

efforts are made to recruit, select, and assign qualified

individuals sixty years and older from minority groups to serve as

volunteers under this subchapter.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 223, Oct. 1, 1973, 87 Stat. 404.)

-End-

-CITE-

42 USC Sec. 5024 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5024. Use of locally generated contributions in National

Senior Volunteer Corps

-STATUTE-

Whenever locally generated contributions made to National Senior

Volunteer Corps projects under this subchapter are in excess of the

amount required by the Director, the Director may not restrict the

manner in which such contributions are expended if expenditures

from locally generated contributions are not inconsistent with the

provisions of this chapter.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 224, as added Pub. L. 98-288, Sec.

16(a), May 21, 1984, 98 Stat. 194; amended Pub. L. 99-551, Sec.

10(b)(1), Oct. 27, 1986, 100 Stat. 3077; Pub. L. 101-204, title IX,

Sec. 902(6), Dec. 7, 1989, 103 Stat. 1826; Pub. L. 103-82, title

III, Sec. 341(b)(3), Sept. 21, 1993, 107 Stat. 904; Pub. L.

103-304, Sec. 3(b)(9), Aug. 23, 1994, 108 Stat. 1568.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-304 substituted "National Senior Volunteer

Corps projects" for "volunteer projects for older Americans".

1993 - Pub. L. 103-82 amended section catchline and in text

directed substitution of "National Senior Volunteer Corps projects"

for "volunteer projects for Older Americans", which could not be

executed because the phrase "volunteer projects for Older

Americans" did not appear in text.

1989 - Pub. L. 101-204 substituted "projects" for "programs".

1986 - Pub. L. 99-551 amended directory language of Pub. L.

98-288 to correct an error, and did not involve any change in text.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-End-

-CITE-

42 USC Sec. 5025 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5025. Programs of national significance

-STATUTE-

(a) Program grants for national problems of local concern; minimum

amounts available; scope; implementation

(1) With not less than one-third of the funds made available

under subsection (d) of this section in each fiscal year, the

Director shall make grants under the programs authorized in parts

A, B, and C of this subchapter to support programs that address

national problems of local concern.

(2) Except as provided in paragraph (3), the Director may make

such grants -

(A) under the program authorized in part A of this subchapter,

to support programs that address the national problems specified

in subsection (b) of this section;

(B) under the program authorized in part B of this subchapter,

to support programs that address the national problems specified

in subsection (b) of this section, other than paragraphs (10),

(12), (15), and (16) of such subsection; and

to support programs that address the national problems referred

to in paragraphs (1), (2), (5), (6), and (10) of subsection (b)

of this section.

(3) Each program for which a grant is received under this

subsection shall be carried out in accordance with the requirements

applicable to the program under part A, B, or C of this subchapter

under which the program supported by such grant is to be carried

out.

(b) Program grants for problems concerning Nation

The Director shall make grants under subsection (a) of this

section to support one or more of the following programs to address

problems that concern the Nation:

(1) Programs that assist individuals with chronic and

debilitating illnesses, such as acquired immune deficiency

syndrome.

(2) Programs designed to decrease drug and alcohol abuse.

(3) Programs that work with teenage parents.

(4) Programs that match volunteer mentors with youth who need

guidance.

(5) Programs that provide adult and school-based literacy

assistance.

(6) Programs that provide respite care, including care for

frail elderly individuals and for disabled or chronically ill

children living at home.

(7) Programs that provide before- and after-school activities

that are sponsored by organizations, such as libraries, that

serve children of working parents.

(8) Programs that work with boarder babies.

(9) Programs that serve children who are enrolled in child care

programs, giving priority to such programs that serve children

with special needs.

(10) Programs that provide care to developmentally disabled

adults who reside at home and in community-based settings,

including programs that, when appropriate, involve older

developmentally disabled individuals as volunteers under this

subchapter.

(11) Programs that provide volunteer tutors to assist

educationally disadvantaged children, on a one-to-one basis, to

improve the basic skills of such children.

(12) Programs that address environmental needs.

(13) Programs that reach out to organizations (such as labor

unions and profitmaking organizations) not previously involved in

addressing national problems of local concern.

(14) Programs that provide for outreach to increase

participation of members of ethnic groups who have limited

English proficiency.

(15) Programs that support criminal justice activities and

juvenile justice activities.

(16) Programs that involve older volunteers working with young

people in apprenticeship programs.

(17) Programs that support the community integration of

individuals with disabilities.

(18) Programs that provide health, education, and welfare

services that augment the activities of State and local agencies,

to be carried out in a fiscal year for which the aggregate amount

of funds available to such agencies is not less than the annual

average aggregate amount of funds available to such agencies for

the period of 3 fiscal years preceding such fiscal year.

available

(1) In order for an applicant to be eligible to receive a grant

under subsection (a) of this section, such applicant shall

demonstrate to the Director that such grant will be used to

increase the total number of volunteers supported by such

applicant.

(2) Funds made available under subsection (d) of this section

shall be used to supplement and not supplant the number of

volunteers engaged in activities under parts A, B, and C of this

subchapter (without regard to this section) addressing the problem

for which such funds are awarded unless such sums are an extension

of funds previously provided under this section.

(d) Amount of funds available for grants

(1) Except as provided in paragraph (2), from the amounts

appropriated under subsection (a), (b), (c), or (d) of section 5082

of this title, for each fiscal year there shall be available to the

Director such sums as may be necessary to make grants under

subsection (a) of this section.

(2) No funds shall be available to the Director to make grants

under subsection (a) of this section for a fiscal year unless the

amounts appropriated under subsections (a), (b), and (c) of section

5082 of this title and available for such fiscal year to carry out

parts A, B, and C of this subchapter (without regard to this

section) are sufficient to maintain the number of projects and

volunteers funded under parts A, B, and C of this subchapter,

respectively, in the preceding fiscal year.

(e) Dissemination of information respecting grants

The Director shall disseminate information on grants that may be

made under subsection (a) of this section to field personnel of the

Corporation and to community volunteer organizations that request

such information.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 225, as added Pub. L. 101-204,

title V, Sec. 502(a), Dec. 7, 1989, 103 Stat. 1815; amended Pub. L.

103-82, title III, Sec. 349, title IV, Sec. 405(a)(6), Sept. 21,

1993, 107 Stat. 906, 920.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(2)(B). Pub. L. 103-82, Sec. 349(1),

substituted "paragraphs (10), (12), (15), and (16)" for "paragraph

(10)".

Subsec. (b)(12) to (18). Pub. L. 103-82, Sec. 349(2), added pars.

(12) to (18).

Subsec. (c)(1). Pub. L. 103-82, Sec. 349(3), struck out "under

this subchapter" after "supported by such applicant".

Subsec. (d)(1). Pub. L. 103-82, Sec. 349(4), added par. (1) and

struck out former par. (1) which read as follows: "Except as

provided in paragraph (2), in each fiscal year there shall be

available to the Director to make grants under subsection (a) of

this section not more than -

"(A) $6,000,000 from funds appropriated under section 5082(a)

of this title;

"(B) $9,000,000 from funds appropriated under section 5082(b)

of this title; and

"(C) $9,000,000 from funds appropriated under section 5082(c)

of this title."

Subsec. (e). Pub. L. 103-82, Sec. 405(a)(6), substituted "the

Corporation" for "the ACTION Agency".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 349 of Pub. L. 103-82 effective Oct. 1,

1993, see section 392 of Pub. L. 103-82, set out as a note under

section 4951 of this title.

Amendment by section 405(a)(6) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 5026 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5026. Adjustments to Federal financial assistance

-STATUTE-

(a)(1) In determining the amount of Federal financial assistance

to be provided under this subchapter to applicants, the Director

shall consider the impact of changes in the Consumer Price Index

For All Urban Consumers published by the Bureau of Labor Statistics

of the Department of Labor on the administrative costs of operating

the projects for which such assistance will be provided.

(2) The Director shall, to the fullest extent practicable, make

appropriate adjustments in the amount referred to in paragraph (1)

to ensure the effective administration of such projects.

(b) The Director shall take reasonable actions to inform

applicants for such assistance that such adjustments may be

available.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 226, as added Pub. L. 101-204,

title V, Sec. 506, Dec. 7, 1989, 103 Stat. 1818; amended Pub. L.

103-82, title III, Sec. 350, Sept. 21, 1993, 107 Stat. 906; Pub. L.

104-66, title II, Sec. 2011, Dec. 21, 1995, 109 Stat. 726.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 in subsec. (a), redesignated par. (1)(A) as

(1), redesignated par. (1)(B) as (2) and substituted "paragraph

(1)" for "subparagraph (A)" after "referred to in", redesignated

former par. (2) as subsec. (b), and struck out former subsec. (b)

which read as follows: "The Director shall submit, once every 2

years, to the Committee on Education and Labor of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate, a report on the extent to which adjustments are made

under subsection (a) of this section."

1993 - Subsec. (b). Pub. L. 103-82 struck out par. (1)

designation before "The Director shall", substituted ", once every

2 years" for "annually", and struck out par. (2) which read as

follows: "With respect to each of parts A, B, and C of this

subchapter, the Director shall include in such report -

"(A) a summary of the number of, and purposes for which, such

adjustments are requested by the recipients of grants and

contracts under parts A, B, and C of this subchapter,

respectively;

"(B) a description of the extent that such requests are

accommodated; and

"(C) a statement explaining the decisions made by the Director

with respect to the requested adjustments."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5027 of this title.

-End-

-CITE-

42 USC Sec. 5027 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part D - General Provisions

-HEAD-

Sec. 5027. Multiyear grants or contracts

-STATUTE-

(a) Maximum period; compliance requirements where period exceeds 1

year; pro rata reductions where funding below prior fiscal year

amounts

(1) Subject to paragraph (2) and the availability of funds, the

Director may make a grant or enter into a contract under part A, B,

or C of this subchapter for a period not to exceed 3 years. Each

applicant who receives a grant, or enters into a contract, under

such part for a period exceeding 1 year shall comply with such

regulations as the Director may issue to require such applicant -

(A) to demonstrate that such applicant is in compliance with

such part and with the terms and conditions of such grant or

contract; and

(B) to provide information to update the application submitted

to obtain such grant or contract.

(2) If the amount appropriated for any fiscal year to carry out

part A, B, or C of this subchapter in a period during which

multiyear grants or contracts are in effect under such part is less

than the amount appropriated to carry out such part in the first

fiscal year in such period, then the amounts payable under all such

grants and contracts in effect in such period under such part shall

be reduced pro rata.

(b) Documentation, etc., by applicant of meaningful administrative

savings from multiyear grant or contract

The Director shall require each applicant for a multiyear grant

or contract under this section, to document or describe in the

application any meaningful administrative savings that will result

from such multiyear grant or contract.

If an applicant does not receive a multiyear grant or contract

under this section, the Director shall consider such applicant for

a single-year grant or contract.

(d) Projects for multiyear periods to be treated as single-year

projects for specified purposes

If the Director approves an application for a contract or grant

to carry out a project for a multiyear period as referred to in

subsection (a) of this section, the Director shall ensure that such

project shall be treated in the same manner as a single-year

contract or grant with respect to -

(1) the overall level of funding for such project;

(2) any adjustments to Federal financial assistance that may be

available under section 5026 of this title; and

(3) the renewal of funding on the expiration of the term of

such contract or grant.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 227, as added Pub. L. 101-204,

title V, Sec. 507, Dec. 7, 1989, 103 Stat. 1818.)

-End-

-CITE-

42 USC Part E - Demonstration Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part E - Demonstration Programs

-HEAD-

PART E - DEMONSTRATION PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5061, 5082 of this title.

-End-

-CITE-

42 USC Sec. 5028 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part E - Demonstration Programs

-HEAD-

Sec. 5028. Authority of Director

-STATUTE-

(a) In general

The Director is authorized to make grants to or enter into

contracts with public or nonprofit organizations, including

organizations funded under part A, B, or C of this subchapter, for

the purposes of demonstrating innovative activities involving older

Americans as volunteers. The Director may support under this part

both volunteers receiving stipends and volunteers not receiving

stipends.

(b) Activities

An organization that receives a grant or enters into a contract

under subsection (a) of this section may use funds made available

through the grant or contract for activities such as -

(1) linking youth groups and older American organizations in

volunteer activities;

(2) involving older volunteers in programs and activities

different from programs and activities supported in the

community; and

(3) testing whether older American volunteer programs may

contribute to new objectives or certain national priorities.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 231, as added Pub. L. 103-82, title

III, Sec. 351, Sept. 21, 1993, 107 Stat. 906.)

-MISC1-

EFFECTIVE DATE

Part effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Sec. 5028a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER II - NATIONAL SENIOR VOLUNTEER CORPS

Part E - Demonstration Programs

-HEAD-

Sec. 5028a. Prohibition

-STATUTE-

The Director may not reduce the activities, projects, or

volunteers funded under the other parts of this subchapter in order

to support projects under this part.

-SOURCE-

(Pub. L. 93-113, title II, Sec. 232, as added Pub. L. 103-82, title

III, Sec. 351, Sept. 21, 1993, 107 Stat. 907.)

-End-

-CITE-

42 USC SUBCHAPTER III - NATIONAL VOLUNTEER PROGRAMS TO

ASSIST SMALL BUSINESSES AND PROMOTE VOLUNTEER

SERVICE BY PERSONS WITH BUSINESS EXPERIENCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER III - NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL

BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH

BUSINESS EXPERIENCE

-HEAD-

SUBCHAPTER III - NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL

BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSINESS

EXPERIENCE

-End-

-CITE-

42 USC Secs. 5031, 5032 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER III - NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL

BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH

BUSINESS EXPERIENCE

-HEAD-

Secs. 5031, 5032. Repealed. Pub. L. 95-510, Sec. 102(a), Oct. 24,

1978, 92 Stat. 1781

-MISC1-

Section 5031, Pub. L. 93-113, title III, Sec. 301, Oct. 1, 1973,

87 Stat. 404, set out Congressional statement of purpose in

enacting this subchapter.

Section 5032, Pub. L. 93-113, title III, Sec. 302, Oct. 1, 1973,

87 Stat. 404, authorized Director to establish, coordinate, and

operate national volunteer programs. See section 637 of Title 15,

Commerce and Trade.

EFFECTIVE DATE OF REPEAL

Repeal of sections 5031 and 5032 effective Oct. 1, 1979, see

section 105 of Pub. L. 95-510, set out as an Effective Date of 1978

Amendment note under section 634 of Title 15, Commerce and Trade.

-End-

-CITE-

42 USC SUBCHAPTER IV - ADMINISTRATION AND COORDINATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5084 of this title.

-End-

-CITE-

42 USC Secs. 5041, 5042 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Secs. 5041, 5042. Repealed. Pub. L. 103-82, title II, Sec. 203(b),

Sept. 21, 1993, 107 Stat. 892

-MISC1-

Section 5041, Pub. L. 93-113, title IV, Sec. 401, Oct. 1, 1973,

87 Stat. 405; Pub. L. 96-533, title VI, Sec. 602(a), Dec. 16, 1980,

94 Stat. 3155; Pub. L. 98-288, Sec. 17, May 21, 1984, 98 Stat. 194;

Pub. L. 99-551, Sec. 10(e), Oct. 27, 1986, 100 Stat. 3078; Pub. L.

101-204, title VII, Sec. 704, Dec. 7, 1989, 103 Stat. 1821; Pub. L.

103-82, title II, Sec. 202(b), title III, Sec. 361, Sept. 21, 1993,

107 Stat. 887, 907, related to establishment of ACTION Agency and

appointment, compensation, and functions of Director and other

officials. See section 12651 of this title and notes thereunder.

Section 5042, Pub. L. 93-113, title IV, Sec. 402, Oct. 1, 1973,

87 Stat. 406; Pub. L. 94-293, Sec. 4(b), May 27, 1976, 90 Stat.

526; Pub. L. 97-214, Sec. 10(b)(2), July 12, 1982, 96 Stat. 175;

Pub. L. 98-288, Secs. 4(c)(2), 18(a), May 21, 1984, 98 Stat. 190,

194; Pub. L. 99-551, Sec. 10(f), (i)(5), Oct. 27, 1986, 100 Stat.

3078; Pub. L. 103-82, title III, Sec. 362, Sept. 21, 1993, 107

Stat. 907, related to authority of Director of ACTION Agency. See

section 12651 of this title and notes thereunder.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 103-82 effective Apr. 4, 1994, see section

203(d) of Pub. L. 103-82, set out as an Effective Date of 1993

Amendment note under section 12651 of this title.

-End-

-CITE-

42 USC Sec. 5043 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5043. Political activities

-STATUTE-

(a) Funds use prohibition; "election" and "Federal office" defined

No part of any funds appropriated to carry out this chapter, or

any program administered by the Corporation under this chapter,

shall be used to finance, directly or indirectly, any activity

designed to influence the outcome of any election to Federal

office, or the outcome of any election to any State or local public

office, or any voter registration activity, or to pay the salary of

any officer or employee of the Corporation, who, in an official

capacity as such an officer or employee, engages in any such

activity. As used in this section, the term "election" (when

referring to an election for Federal office) has the same meaning

given such term by section 431(1) of title 2, and the term "Federal

office" has the same meaning given such term by section 431(3) of

title 2.

(b) Prohibition on program identification

(1) Programs assisted under this chapter shall not be carried on

in a manner involving the use of funds, the provision of services,

or the employment or assignment of personnel in a manner supporting

or resulting in the identification of such programs with -

(A) any partisan or nonpartisan political activity associated

with a candidate, or a contending faction or group, in an

election for public or party office;

(B) any activity to provide voters or prospective voters with

transportation to the polls or similar assistance in connection

with any such election; or

except that programs assisted under this chapter may make voter

registration applications and nonpartisan voter registration

information available to the public on the premises of such

programs.

(2) In carrying out any voter registration activity permitted

under paragraph (1), an individual who is affiliated with, or

employed to carry out, a program assisted under this chapter shall

not -

(A) indicate a preference with respect to any candidate,

political party, or election issue; or

(B) seek to influence the political or party affiliation, or

voting decision, of any individual.

No funds appropriated to carry out this chapter shall be used by

any program assisted under this chapter in any activity for the

purpose of influencing the passage or defeat of legislation or

proposals by initiative petition, except -

(1) 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 representations to such

legislative body, committee, or member; or

(2) in connection with an authorization or appropriations

measure directly affecting the operation of the program.

(d) Enforcement; rules and regulations

The Director, after consultation with the Office of Personnel

Management, shall issue rules and regulations to provide for the

enforcement of this section, which shall include provisions for

summary suspension of assistance for no more than thirty days until

notice and an opportunity to be heard can be provided or other

action necessary to permit enforcement on an emergency basis.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 403, Oct. 1, 1973, 87 Stat. 408;

Pub. L. 96-143, Secs. 8, 18(c)(1), Dec. 13, 1979, 93 Stat. 1077,

1083; Pub. L. 96-187, title I, Sec. 112(e)(1), Jan. 8, 1980, 93

Stat. 1366; Pub. L. 99-551, Sec. 10(i)(6), Oct. 27, 1986, 100 Stat.

3078; Pub. L. 103-82, title III, Sec. 363, title IV, Sec.

405(a)(7), Sept. 21, 1993, 107 Stat. 907, 920.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 405(a)(7), substituted

"administered by the Corporation under this chapter" for

"administered by the ACTION Agency" and "of the Corporation" for

"of the ACTION Agency".

Subsec. (b)(1). Pub. L. 103-82, Sec. 363(3), added par. (1) and

struck out former par. (1) which read as follows: "Programs

assisted under this chapter shall not be carried on in a manner

involving the use of funds, the provision of services, or the

employment or assignment of personnel in a manner supporting or

resulting in the identification of such programs with (A) any

partisan or non-partisan political activity or any other political

activity associated with a candidate, or contending faction or

group, in an election for public or party office, (B) any activity

to provide voters or prospective voters with transportation to the

polls or similar assistance in connection with any such election,

or (C) any voter registration activity."

Subsec. (b)(2). Pub. L. 103-82, Sec. 363(3), added par. (2).

Former par. (2) redesignated subsec. (c).

Subsec. (c). Pub. L. 103-82, Sec. 363(1), (2), redesignated

subsec. (b)(2) as subsec. (c) and subpars. (A) and (B) as pars. (1)

and (2), respectively. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 103-82, Sec. 363(1), redesignated subsec.

1986 - Subsec. (a). Pub. L. 99-551 substituted "an official

capacity" for "his official capacity".

1980 - Subsec. (a). Pub. L. 96-187 substituted "section 431(1) of

title 2" and "section 431(3) of title 2" for "section 431(a) of

title 2" and "section 431(c) of title 2", respectively.

1979 - Pub. L. 96-143, Sec. 8(a), inserted "or the outcome of any

election to any State or local public office," after "Federal

office," and "(when referring to an election for Federal office)"

before "has the same meaning".

Subsec. (b). Pub. L. 96-143, Sec. 8(b), designated existing

provisions as par. (1), cls. (1) to (3) thereof as cls. (A) to (C),

and last sentence thereof as subsec. (c), and added par. (2).

Subsec. (c). Pub. L. 96-143, Secs. 8(b)(3), 18(c)(1), designated

as subsec. (c) provisions formerly contained in last sentence of

subsec. (b) and, as so designated, substituted "Office of Personnel

Management" for "Civil Service Commission".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 363 of Pub. L. 103-82 effective Oct. 1,

1993, see section 392 of Pub. L. 103-82, set out as a note under

section 4951 of this title.

Amendment by section 405(a)(7) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section

301(a) of Pub. L. 96-187, set out as a note under section 431 of

Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 5044 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5044. Special limitations

-STATUTE-

(a) Volunteer activities; limitation

The Director shall prescribe regulations and shall carry out the

provisions of this chapter so as to assure that the service of

volunteers assigned, referred, or serving pursuant to grants,

contracts, or agreements made under this chapter is limited to

activities which would not otherwise be performed by employed

workers and which will not supplant the hiring of or result in the

displacement of employed workers, or impair existing contracts for

service.

(b) Support costs

All support, including transportation provided to volunteers

under this chapter, shall be furnished at the lowest possible costs

consistent with the effective operation of volunteer programs.

No agency or organization to which volunteers are assigned

hereunder, or which operates or supervises any volunteer program

hereunder, shall request or receive any compensation from such

volunteers or from beneficiaries for services of volunteers

supervised by such agency or organization.

(d) Labor or antilabor organization activities; funds use

prohibition

No funds authorized to be appropriated herein shall be directly

or indirectly utilized to finance labor or antilabor organization

or related activity.

(e) Selection procedure

Persons serving as volunteers under this chapter shall provide

such information concerning their qualifications, including their

ability to perform their assigned tasks, and their integrity, as

the Director shall prescribe and shall be subject to such

procedures for selection and approval as the Director determines

are necessary to carry out the purposes of this chapter. The

Director may establish such special procedures for the recruitment,

selection, training, and assignment of low-income residents of the

area to be served by a program under this chapter who wish to

become volunteers as the Director determines will further the

purposes of this chapter.

(f) Government assistance; eligibility; special limitations

(1) Notwithstanding any other provision of law except as may be

provided expressly in limitation of this subsection, payments to

volunteers under this chapter shall not in any way reduce or

eliminate the level of or eligibility for assistance or services

any such volunteers may be receiving under any governmental

program, except that this paragraph shall not apply in the case of

such payments when the Director determines that the value of all

such payments, adjusted to reflect the number of hours such

volunteers are serving, is equivalent to or greater than the

minimum wage then in effect under the Fair Labor Standards Act of

1938 (29 U.S.C. 201 et seq.) or the minimum wage, under the laws of

the State where such volunteers are serving, whichever is the

greater.

(2) Notwithstanding any other provision of law, a person enrolled

for full-time service as a volunteer under subchapter I of this

chapter who was otherwise entitled to receive assistance or

services under any governmental program prior to such volunteer's

enrollment shall not be denied such assistance or services because

of such volunteer's failure or refusal to register for, seek, or

accept employment or training during the period of such service.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 404, Oct. 1, 1973, 87 Stat. 408;

Pub. L. 96-143, Sec. 9, Dec. 13, 1979, 93 Stat. 1077; Pub. L.

98-288, Sec. 19, May 21, 1984, 98 Stat. 195; Pub. L. 99-551, Sec.

10(i)(7), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103-82, title III,

Sec. 364, Sept. 21, 1993, 107 Stat. 908.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(f)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see section 201 of Title 29 and Tables.

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-82, Sec. 364(1), inserted "from

such volunteers or from beneficiaries" after "compensation".

Subsecs. (f), (g). Pub. L. 103-82, Sec. 364(2), (3), redesignated

subsec. (g) as (f) and struck out former subsec. (f) which read as

follows: "Notwithstanding any other provision of law, the Director

shall assign or delegate any substantial responsibility for

carrying out programs under this chapter only to persons appointed

or employed pursuant to clauses (1) and (2) of section 5042 of this

title, and persons assigned or delegated such substantial

responsibilities on October 1, 1973, and who are receiving

compensation in accordance with provisions of law other than the

applicable provisions of title 5 on such date shall, by operation

of law on such date, be assigned a grade level pursuant to such

latter provisions so as to fix the compensation of such persons

under such authority at no less than their compensation rate on the

day preceding such date."

1986 - Subsec. (e). Pub. L. 99-551 substituted "the Director" for

"he" before "determines will".

1984 - Subsec. (f). Pub. L. 98-288 struck out "and except as

provided in the second sentence of this subsection" after

"Notwithstanding any other provision of law" and struck out "The

Director may personally make exceptions to the requirements set

forth in the first sentence of this subsection for persons he finds

will be assigned to carrying out functions under the Peace Corps

Act (22 U.S.C. 2501 et seq.) within six months after October 1,

1973."

1979 - Subsec. (g). Pub. L. 96-143 designated existing provisions

as par. (1), inserted ", except that this paragraph shall not apply

in the case of such payments when the Director determines that the

value of all such payments, adjusted to reflect the number of hours

such volunteers are serving, is equivalent to or greater than the

minimum wage then in effect under the Fair Labor Standards Act of

1938 or the minimum wage, under the laws of the State where such

volunteers are serving, whichever is the greater" after

"governmental program", and added par. (2).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-End-

-CITE-

42 USC Sec. 5045 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5045. Repealed. Pub. L. 98-288, Sec. 20(a), May 21, 1984, 98

Stat. 195

-MISC1-

Section, Pub. L. 93-113, title IV, Sec. 405, Oct. 1, 1973, 87

Stat. 409; Pub. L. 94-293, Sec. 5(a), May 27, 1976, 90 Stat. 526;

Pub. L. 96-470, title I, Sec. 113, Oct. 19, 1980, 94 Stat. 2240;

Pub. L. 96-533, title VI, Sec. 602(b), Dec. 16, 1980, 94 Stat.

3156, provided for a National Voluntary Service Advisory Council.

EFFECTIVE DATE OF REPEAL

Section 20(a) of Pub. L. 98-288 provided that the repeal of this

section is effective Jan. 1, 1986.

-End-

-CITE-

42 USC Sec. 5046 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5046. Labor standards for federally assisted projects,

buildings, and works

-STATUTE-

All laborers and mechanics employed by contractors or

subcontractors in the construction, alteration or repair, including

painting and decorating of projects, buildings and works which are

federally assisted under this chapter shall be paid wages at rates

not less than those prevailing on similar construction in the

locality as determined by the Secretary of Labor in accordance with

sections 3141-3144, 3146, and 3147 of title 40. The Secretary of

Labor shall have, with respect to such labor standards, the

authority and functions set forth in Reorganization Plan Number 14

of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 3145 of title

40.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 406, Oct. 1, 1973, 87 Stat. 410.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -

276a-5)" and "section 3145 of title 40" substituted for "section 2

of the Act of June 13, 1934, as amended (48 Stat. 948, ch. 492, as

amended; 40 U.S.C. 276c)", on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-End-

-CITE-

42 USC Sec. 5047 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5047. Repealed. Pub. L. 103-82, title III, Sec. 365, Sept. 21,

1993, 107 Stat. 908

-MISC1-

Section, Pub. L. 93-113, title IV, Sec. 407, Oct. 1, 1973, 87

Stat. 410; Pub. L. 98-288, Sec. 21, May 21, 1984, 98 Stat. 195;

Pub. L. 99-551, Sec. 3(b), Oct. 27, 1986, 100 Stat. 3072; Pub. L.

101-204, title IV, Sec. 401, Dec. 7, 1989, 103 Stat. 1814, required

annual report on activities under section 4953 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Sec. 5048 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5048. Joint funding; single non-Federal share requirement;

grant or contract requirement waiver

-STATUTE-

Pursuant to regulations prescribed by the President, and to the

extent consistent with the other provisions of this chapter, where

funds are provided for a single project by more than one Federal

agency to an agency or organization assisted under this chapter,

the Federal agency principally involved may be designated to act

for all in administering the funds provided, and, notwithstanding

any other provision of law, in such cases, a single non-Federal

share requirement may be established according to the proportion of

funds advanced by each agency. When the principal agency involved

is the Corporation, it may waive any grant or contract requirement

(as defined by such regulations) under or pursuant to any law other

than this chapter, which requirement is inconsistent with the

similar requirements under or pursuant to this chapter.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 408, Oct. 1, 1973, 87 Stat. 410;

Pub. L. 103-82, title IV, Sec. 405(a)(8), Sept. 21, 1993, 107 Stat.

920.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 substituted "the Corporation" for "the

ACTION Agency".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section delegated to Director

of Office of Management and Budget, see section 1 of Ex. Ord. No.

11893, eff. Dec. 31, 1975, 41 F.R. 1040, set out as a note under

section 7103 of Title 31, Money and Finance.

-End-

-CITE-

42 USC Sec. 5049 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5049. Prohibition of Federal control of educational

institution or school system

-STATUTE-

Nothing contained in this chapter shall be construed to authorize

any department, agency, officer, or employee of the United States

to exercise any direction, supervision, or control over the

curriculum, program of instruction, administration, or personnel of

any education institution or school system.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 409, Oct. 1, 1973, 87 Stat. 410.)

-End-

-CITE-

42 USC Sec. 5050 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5050. Coordination with other programs

-STATUTE-

The Director shall take necessary steps to coordinate volunteer

programs authorized under this chapter with one another, with

community action programs, and with other related Federal, State,

and local programs. The Director shall also consult with the heads

of other Federal, State, and local agencies responsible for

programs related to the purposes of this chapter with a view to

encouraging greater use of volunteer services in those programs and

establishing in connection with them systematic procedures for the

recruitment, referral, or necessary preservice orientation or

training of volunteers serving pursuant to this chapter. The

Director, in consultation with the Director of the Office of

Personnel Management and the Secretaries of Labor, Commerce, and

the Treasury and officials of other appropriate departments and

agencies, shall take all appropriate steps to encourage State and

local governments, charitable and service organizations, and

private employers (1) to take into account experience in volunteer

work in the consideration of applicants for employment; and (2) to

make provisions for the listing and description of volunteer work

on all employment application forms.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 410, Oct. 1, 1973, 87 Stat. 410;

Pub. L. 96-143, Sec. 10, Dec. 13, 1979, 93 Stat. 1078.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-143 inserted provisions requiring the Director

in consultation with the Director of the Office of Personnel

Management and the Secretaries of Labor, Commerce, and the Treasury

and officials of other appropriate departments and agencies to take

steps to encourage employers to review the consideration they give

volunteer service in the information requested on their standard

application forms.

-End-

-CITE-

42 USC Sec. 5051 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5051. Performance of functions by existing departments or

offices rather than new departments or offices

-STATUTE-

In order to assure that existing Federal agencies are used to the

fullest extent possible in carrying out the purposes of this

chapter, no funds appropriated to carry out this chapter shall be

used to establish any new department or office when the intended

function is being performed by an existing department or office.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 411, Oct. 1, 1973, 87 Stat. 411.)

-End-

-CITE-

42 USC Sec. 5052 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5052. Suspension and termination of financial assistance;

procedures; notice and hearing; emergency situations; refunding

applications

-STATUTE-

(a) The Director is authorized, in accordance with the provisions

of this section, to suspend further payments or to terminate

payments under any contract or grant providing assistance under

this chapter, whenever the Director determines there is a material

failure to comply with the applicable terms and conditions of any

such grant or contract. The Director shall prescribe procedures to

insure that -

(1) assistance under this chapter 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 this chapter may not be

denied unless the recipient has been given (A) 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 (B)

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

or contract award, the recipient shall be afforded an opportunity

for an informal hearing before an impartial hearing officer, who

has been agreed to by the recipient and the Agency; and

(4) assistance under this chapter 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 at locations convenient

to the recipient agency.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 412, Oct. 1, 1973, 87 Stat. 411;

Pub. L. 98-288, Sec. 22, May 21, 1984, 98 Stat. 195; Pub. L.

99-551, Sec. 10(i)(8), Oct. 27, 1986, 100 Stat. 3078.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-551 substituted "the Director" for

"he" before "determines" in first sentence.

1984 - Subsec. (a). Pub. L. 98-288 designated existing provisions

as subsec. (a), substituted a semicolon for "nor shall an

application for refunding under this chapter be denied, unless the

recipient has been given reasonable notice and opportunity to show

why such action should not be taken; and" in par. (1), added pars.

(2) and (3), redesignated former par. (2) as (4), and added subsec.

(b).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-End-

-CITE-

42 USC Sec. 5053 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5053. Repealed. Pub. L. 94-293, Sec. 5(b)(1), May 27, 1976, 90

Stat. 526

-MISC1-

Section, Pub. L. 93-113, title IV, Sec. 413, Oct. 1, 1973, 87

Stat. 411, authorized Director to carry out programs of this

chapter during fiscal year ending June 30, 1974, and three

succeeding fiscal years, and authorizing Congress to appropriate

such sums as necessary for each fiscal year.

-End-

-CITE-

42 USC Sec. 5054 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5054. Distribution of benefits between rural and urban areas

-STATUTE-

The Director shall adopt appropriate administrative measures to

assure that the benefits of and services under this chapter will be

distributed equitably between residents of rural and urban areas.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 414, Oct. 1, 1973, 87 Stat. 411.)

-MISC1-

RURAL PROGRAM REPORT

Section 16 of Pub. L. 96-143 provided that not later than Feb. 1,

1980, the Director of the ACTION Agency was to submit to

appropriate committees of Congress a report specifying special

needs and circumstances to be addressed in designing programs under

Domestic Volunteer Service Act of 1973 [this chapter] for

implementation in rural areas, such report to include a detailed

statement of manner in which Director intended to address such

needs and circumstances, together with a timetable for designing

and implementing such programs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4959, 5056 of this title.

-End-

-CITE-

42 USC Sec. 5055 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5055. Application of Federal law

-STATUTE-

(a) General rule

Except as provided in subsections (b), (c), (d), and (e) of this

section, volunteers under this chapter shall not be deemed Federal

employees and shall not be subject to the provisions of laws

relating to Federal officers and employees and Federal employment.

(b) Specific Federal legislation

Individuals enrolled as volunteers for periods of full-time

service, or, as the Director deems appropriate in accordance with

regulations, for periods of part-time service of not less than 20

hours per week for not less than 26 consecutive weeks, under

subchapter I of this chapter shall, with respect to such service or

training, (1) for the purposes of subchapter III of chapter 73 of

title 5, be deemed persons employed in the executive branch of the

Federal Government, (2) for the purposes of the Internal Revenue

Code of 1986 (26 U.S.C. 1 et seq.) and title II of the Social

Security Act (42 U.S.C. 401 et seq.), be deemed employees of the

United States, and any service performed by an individual as a

volunteer (including training) shall be deemed to be performed in

the employ of the United States, (3) for the purposes of the

Federal Tort Claims provisions of title 28, be deemed employees of

the United States, (4) for the purposes of subchapter I of chapter

81 of title 5 (relative to compensation to Federal employees for

work injuries), shall be deemed civil employees of the United

States within the meaning of the term "employee" as defined in

section 8101 of title 5, and the provisions of that subchapter

shall apply except as follows: (A) in computing compensation

benefits for disability or death, the annual rate of pay of a

volunteer enrolled for a period of full-time service under such

subchapter I of this chapter shall be deemed to be that received

under the entrance salary for an employee at grade GS-5 of the

General Schedule under section 5332 of title 5, and the annual rate

of pay of a volunteer enrolled for a period of part-time service

under such subchapter I of this chapter shall be deemed to be such

entry salary or an appropriate portion thereof as determined by the

Director, and subsections (a) and (b) of section 8113 of title 5

shall apply, and (B) compensation for disability shall not begin to

accrue until the day following the date on which the injured

volunteer is terminated, and (5) be deemed employees of the United

States for the purposes of section 5584 of title 5 (and stipends

and allowances paid under this chapter shall be considered as pay

for such purposes).

Any period of service of a volunteer enrolled in a program for a

period of service of at least one year under part A of subchapter I

of this chapter, and any period of full-time service of a volunteer

enrolled in a program for a period of service of at least one year

under part B or C of subchapter I of this chapter, shall be

credited in connection with subsequent employment in the same

manner as a like period of civilian employment by the United States

Government -

(1) for the purposes of any Act establishing a retirement

system for civilian employees of any United States Government

agency; and

(2) except as otherwise determined by the President, for the

purposes of determining seniority, reduction in force, and layoff

rights, leave entitlement, and other rights and privileges based

upon length of service under the laws administered by the Office

of Personnel Management, the Foreign Service Act of 1980 [22

U.S.C. 3901 et seq.], and every other Act establishing or

governing terms and conditions of service of civilian employees

of the United States Government: Provided, That service of a

volunteer shall not be credited toward completion of any

probationary or trial period or completion of any service

requirement for career appointment.

(d) Competitive service

Volunteers serving in programs for periods of service of at least

one year under part A of subchapter I of this chapter, and

volunteers serving for such periods under title VIII of the

Economic Opportunity Act of 1964, as amended (42 U.S.C.

2991-2994d), including those whose service was completed under such

Act, who the Director determines, in accordance with regulations

the Director shall prescribe, have successfully completed their

periods of service, shall be eligible for appointment in the

competitive service in the same manner as Peace Corps volunteers as

prescribed in Executive Order Number 11103 (April 10, 1963).

(e) References in other laws to service under provisions relating

to Volunteers in Service to America deemed references to service

under subchapter I of this chapter

Notwithstanding any other provision of law, all references in any

other law to persons serving as volunteers under title VIII of the

Economic Opportunity Act of 1964, as amended [42 U.S.C. 2991 et

seq.], shall be deemed to be references to persons serving as

full-time volunteers in a program of at least one year's duration

under part A, B, or C of subchapter I of this chapter.

(f) Civil actions

(1) The remedy -

(A) against the United States provided by sections 1346(b) and

2672 of title 28 or

(B) through proceedings for compensation or other benefits from

the United States as provided by any other law, where the

availability of such benefits precludes a remedy under section

1346(b) or 2672 of such title 28,

for damages for personal injury, including death, allegedly arising

from malpractice or negligence of a physician, dentist, podiatrist,

optometrist, nurse, physician assistant, expanded-function dental

auxiliary, pharmacist, or paramedical (for example, medical and

dental technicians, nursing assistants, and therapists) or other

supporting personnel in furnishing medical care or treatment while

in the exercise of such person's duties as a volunteer enrolled

under subchapter I of this chapter shall be exclusive of any other

civil action or proceeding by reason of the same subject matter

against such person (or such person's estate) whose action or

omission gave rise to such claim.

(2) The Attorney General of the United States shall defend any

civil action or proceeding brought in any court against any person

referred to in paragraph (1) of this subsection (or such person's

estate) for any such damage or injury. Any such person against whom

such civil action or proceeding is brought shall deliver, within

such time after date of service or knowledge of service as

determined by the Attorney General, all process served upon such

person or an attested true copy thereof to such person's immediate

supervisor or to whomever is designated by the Director to receive

such papers, and such person shall promptly furnish copies of the

pleading and process therein to the United States attorney for the

district embracing the place wherein the proceeding is brought and

to the Attorney General.

(3) Upon a certification by the Attorney General that the

defendant was acting in the scope of such person's volunteer

assignment at the time of the incident out of which the suit arose,

any such civil action or proceeding commenced in a State court

shall be removed without bond at any time before trial by the

Attorney General to the district court of the United States of the

district and division embracing the place wherein it is pending and

the proceeding deemed a tort action brought against the United

States under the provisions of title 28 and all references thereto.

After removal the United States shall have available all defenses

to which it would have been entitled if the action had originally

been commenced against the United States. Should a district court

of the United States determine on a hearing on a motion to remand

held before a trial on the merits that the volunteer whose act or

omission gave rise to the suit was not acting within the scope of

such person's volunteer assignment, the case shall be remanded to

the State court.

(4) The Attorney General may compromise or settle any claim

asserted in such civil action or proceeding in the manner provided

in section 2677 of title 28 and with the same effect.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 415, Oct. 1, 1973, 87 Stat. 411;

Pub. L. 96-143, Secs. 11, 18(c)(2), Dec. 13, 1979, 93 Stat. 1078,

1083; Pub. L. 96-465, title II, Sec. 2206(h), Oct. 17, 1980, 94

Stat. 2163; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 99-551, Sec. 10(i)(9), Oct. 27, 1986, 100 Stat. 3078; Pub.

L. 103-82, title III, Sec. 366, Sept. 21, 1993, 107 Stat. 908.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

The Federal Tort Claims provisions of title 28, referred to in

subsec. (b)(3), are the provisions of the Federal Tort Claims Act,

which is classified generally to section 1346(b) and to chapter 171

(Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

The Foreign Service Act of 1980, referred to in subsec. (c)(2),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which

is classified principally to chapter 52 (Sec. 3901 et seq.) of

Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 3901 of Title 22 and Tables.

The Economic Opportunity Act of 1964, as amended, referred to in

subsecs. (d) and (e), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat.

508, as amended. Title VIII of such Act, probably means title VIII

of Pub. L. 88-452 as added by Pub. L. 89-794, title VIII, Sec. 801,

Nov. 8, 1966, 80 Stat. 1472, and generally revised and amended by

Pub. L. 90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722,

which was classified generally to subchapter VIII (Sec. 2991 et

seq.) of chapter 34 of this title. Title VIII of the Economic

Opportunity Act of 1964 as so added and amended was repealed by

Pub. L. 93-113, title VI, 603, and its provisions are covered by

this chapter. For complete classification of this Act to the Code,

see Tables.

Executive Order Number 11103 (April 10, 1963), referred to in

subsec. (d), is set out under section 2504 of Title 22, Foreign

Relations and Intercourse.

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(4)(A). Pub. L. 103-82 substituted "an employee

at grade GS-5 of the General Schedule under section 5332 of title

5" for "a grade GS-7 employee".

1986 - Subsec. (b)(2). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

Subsec. (d). Pub. L. 99-551 substituted "the Director" for "he"

before "shall prescribe".

1980 - Subsec. (c)(1). Pub. L. 96-465, Sec. 2206(h)(1),

substituted "any" for "section 1092(a)(1) of title 22 and every

other".

Subsec. (c)(2). Pub. L. 96-465, Sec. 2206(h)(2), substituted

"Foreign Service Act of 1980" for "Foreign Service Act of 1946".

1979 - Subsec. (b). Pub. L. 96-143, Sec. 11(a), substituted in

provisions preceding cl. (1) "as volunteers for periods of

full-time service, or, as the Director deems appropriate in

accordance with regulations, for periods of part-time service of

not less than 20 hours per week for not less than 26 consecutive

weeks, under subchapter I of this chapter" for "in programs under

subchapter I of this chapter for periods of service of at least one

year" and in cl. (4)(A) "the annual rate of pay of a volunteer

enrolled for a period of full-time service under such subchapter I

of this chapter shall be deemed to be that received under the

entrance salary for a grade GS-7 employee, and the annual rate of

pay of a volunteer enrolled for a period of part-time service under

such subchapter I of this chapter shall be deemed to be such entry

salary or an appropriate portion thereof as determined by the

Director" for "the monthly pay of a volunteer shall be deemed that

received under the entrance salary for a grade GS-7 employee" and

added cl. (5).

Subsec. (c)(2). Pub. L. 96-143, Sec. 18(c)(2), substituted

"Office of Personnel Management" for "Civil Service Commission".

Subsec. (f). Pub. L. 96-143, Sec. 11(b), added subsec. (f).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-EXEC-

EX. ORD. NO. 11561. DELEGATION OF AUTHORITY

Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.

12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

the authority conferred upon the President by that portion of

section 833(c)(2) of the Economic Opportunity Act of 1964 (42

U.S.C. 2994b(c)(2)) [former section 2994b(c)(2) of this title, now

subsec. (c)(2) of this section] which reads "except as otherwise

determined by the President" is hereby delegated as follows: (1) To

the Office of Personnel Management to the extent that such

authority is with respect to the laws administered by the

Commission, and (2) to the Secretary of State to the extent that

such authority is with respect to the Foreign Service Act of 1980,

as amended [22 U.S.C. 3901 et seq.].

-End-

-CITE-

42 USC Sec. 5056 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5056. Evaluation of programs and projects

-STATUTE-

(a) General objectives; persons conducting the evaluation

The Director shall measure and evaluate the impact of all

programs authorized by this chapter (including the VISTA Literacy

Corps which shall be evaluated as a separate program at least once

every 3 years), their effectiveness in achieving stated goals, in

general, and in relation to their cost, their impact on related

programs, and their structure and mechanism for delivery of

services. Each program shall be evaluated at least once every three

years. Evaluations shall be conducted by persons not immediately

involved in the administration of the program or project evaluated.

Such evaluation shall also measure and evaluate compliance with the

equitable distribution requirement of section 5054 of this title.

(b) General standards; publication; reports of ensuing actions

The Director shall develop and publish general standards for

evaluation of program and project effectiveness in achieving the

objectives of this chapter. Reports submitted pursuant to section

5047 (!1) of this title shall describe the actions taken as a

result of evaluations carried out under this section.

In carrying out evaluations under this subchapter, the Director

shall, whenever possible, arrange to obtain the opinions of program

and project participants about the strengths and weaknesses of such

programs and projects.

(d) Summaries of results; publication

The Director shall publish summaries of the results of

evaluations of program and project impact and effectiveness no

later than sixty days after the completion thereof.

(e) Federal property

The Director shall take the necessary action to assure that all

studies, evaluations, proposals, and data produced or developed

with Federal funds shall become the property of the United States.

(f) Evaluation of programs that relate to services that assist

families caring for frail and disabled adult family members;

evaluation of impact by volunteers on such programs; report to

committees of Congress

Not later than December 31, 1988, the Director shall -

(1) evaluate the impact of Corporation programs carried out

under subchapter II of this chapter that relate to services that

assist families caring for frail and disabled adult family

members and shall include in such evaluation information on -

(A) the range and extent of service needs of, and the

services provided to, family caregivers assisted by volunteers;

(B) the characteristics of volunteers and the skills,

training, and supervision necessary to provide various types of

volunteer assistance to family caregivers;

and supervision costs, associated with volunteer assistance to

family caregivers; and

(D) such other issues as may be relevant to provide services

to assist family caregivers;

(2) evaluate the impact that volunteers who participate in

programs under parts B and C of subchapter II of this chapter

without receiving a stipend have on such programs and shall

include in such evaluation -

(A) information on adminstrative (!2) costs associated with

such volunteers;

(B) a comparison of the quality of services provided by such

volunteers and the quality of services provided by volunteers

who receive a stipend under such parts, including the rate of

absenteeism and turnover; and

who do not receive such stipend have on the administration of

such programs; and

(3) submit to the Committee on Education and Labor of the House

of Representatives and the Committee on Labor and Human Resources

of the Senate a report summarizing in detail the results of the

evaluations made under paragraphs (1) and (2).

(g) Funds limitation; reduction of allotments

The Director is authorized to use such sums as are required, but

not to exceed 1 per centum of the funds appropriated under this

chapter, to conduct program and project evaluations (directly, or

by grants or contracts) as required by this chapter. In the case of

allotments from such an appropriation, the amount available for

such allotments (and the amount deemed appropriate therefor) shall

be reduced accordingly.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 416, Oct. 1, 1973, 87 Stat. 412;

Pub. L. 98-288, Sec. 23, May 21, 1984, 98 Stat. 195; Pub. L.

99-551, Sec. 8, Oct. 27, 1986, 100 Stat. 3075; Pub. L. 101-204,

title IV, Sec. 402, Dec. 7, 1989, 103 Stat. 1815; Pub. L. 103-82,

title IV, Sec. 405(a)(9), Sept. 21, 1993, 107 Stat. 920.)

-REFTEXT-

REFERENCES IN TEXT

Section 5047 of this title, referred to in subsec. (b), was

repealed by Pub. L. 103-82, title III, Sec. 365, Sept. 21, 1993,

107 Stat. 908.

-MISC1-

AMENDMENTS

1993 - Subsec. (f)(1). Pub. L. 103-82 substituted "Corporation"

for "ACTION Agency" in introductory provisions.

1989 - Subsec. (a). Pub. L. 101-204 inserted "(including the

VISTA Literacy Corps which shall be evaluated as a separate program

at least once every 3 years)" after "this chapter" in first

sentence.

1986 - Subsec. (a). Pub. L. 99-551, Sec. 8(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Director shall biennially measure and evaluate the impact of

all programs authorized by this chapter, their effectiveness in

achieving stated goals in general, and in relation to their cost,

their impact on related programs, and their structure and

mechanisms for delivery of services. Evaluations shall be conducted

by persons not immediately involved in the administration of the

program or any project of such program being evaluated. Such

evaluation shall also measure and evaluate compliance with the

equitable distribution requirement of section 5054 of this title."

Subsecs. (f), (g). Pub. L. 99-551, Sec. 8(b), added subsec. (f)

and redesignated former subsec. (f) as (g).

1984 - Subsec. (a). Pub. L. 98-288 substituted "biennially" for

"periodically" in first sentence, and substituted "or any project

of such program being evaluated. Such evaluation shall also measure

and evaluate compliance with the equitable distribution requirement

of section 5054 of this title" for "or project evaluated".

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC2-

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5084 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "administrative".

-End-

-CITE-

42 USC Sec. 5057 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5057. Nondiscrimination provisions

-STATUTE-

(a) In general

(1) Basis

An individual with responsibility for the operation of a

program that receives assistance under this chapter shall not

discriminate against a participant in, or member of the staff of,

such program on the basis of race, color, national origin, sex,

age, or political affiliation of such participant or member, or

on the basis of disability, if the participant or member is a

qualified individual with a disability.

(2) Definition

As used in paragraph (1), the term "qualified individual with a

disability" has the meaning given the term in section 12111(8) of

this title.

(b) Federal financial assistance

Any assistance provided under this chapter shall constitute

Federal financial assistance for purposes of title VI of the Civil

Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age

Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

(1) In general

Except as provided in paragraph (2), an individual with

responsibility for the operation of a program that receives

assistance under this chapter shall not discriminate on the basis

of religion against a participant in such program or a member of

the staff of such program who is paid with funds received under

this chapter.

(2) Exception

Paragraph (1) shall not apply to the employment, with

assistance provided under this chapter, of any member of the

staff, of a program that receives assistance under this chapter,

who was employed with the organization operating the program on

the date the grant under this chapter was awarded.

(d) Rules and regulations

The Director shall promulgate rules and regulations to provide

for the enforcement of this section that shall include provisions

for summary suspension of assistance for not more than 30 days, on

an emergency basis, until notice and an opportunity to be heard can

be provided.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 417, Oct. 1, 1973, 87 Stat. 413;

Pub. L. 96-143, Sec. 12, Dec. 13, 1979, 93 Stat. 1079; Pub. L.

97-35, title VI, Sec. 608(f)(3), Aug. 13, 1981, 95 Stat. 488; Pub.

L. 98-288, Sec. 30(a), May 21, 1984, 98 Stat. 197; Pub. L. 103-82,

title III, Sec. 367, Sept. 21, 1993, 107 Stat. 908.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

this title and Tables.

The Education Amendments of 1972, referred to in subsec. (b), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of Title 20, Education. For complete classification of

title IX to the Code, see Short Title note set out under section

1681 of Title 20 and Tables.

The Age Discrimination Act of 1975, referred to in subsec. (b),

is title III of Pub. L. 94-135, Nov. 28, 1975, 78 Stat. 728, as

amended, which is classified generally to chapter 76 (Sec. 6101 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 6101 of this title

and Tables.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

present provisions for former provisions relating to

nondiscrimination, which set forth: in subsec. (a), general rule;

in subsec. (b), special rule against sex discrimination; and in

subsec. (c), applicability of nondiscrimination authorities of

certain statutes and requirement for regulations.

1984 - Subsec. (c)(1). Pub. L. 98-288 struck out "and the Peace

Corps Act (22 U.S.C. 2501 et seq.)" after "under this chapter".

1981 - Subsec. (c)(2). Pub. L. 97-35 substituted reference to the

Secretary of Health and Human Services for references to the

Secretary of Health and Human Resources and the Secretary of

Health, Education, and Welfare.

1979 - Subsec. (a). Pub. L. 96-143, Sec. 12(a), inserted

"handicap," after "age," and inserted provisions requiring that for

purposes of this subsection, and for purposes of title VI of the

Civil Rights Act of 1964, section 794 of title 29, and the Age

Discrimination Act of 1975, any program, project, or activity to

which volunteers are assigned under this chapter be deemed to be

receiving Federal financial assistance.

Subsec. (c). Pub. L. 96-143, Sec. 12(b), added subsec. (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5061 of this title.

-End-

-CITE-

42 USC Sec. 5058 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5058. Eligibility for other benefits

-STATUTE-

Notwithstanding any other provision of law, no payment for

supportive services or reimbursement of out-of-pocket expenses made

to persons serving pursuant to subchapter II of this chapter shall

be subject to any tax or charge or be treated as wages or

compensation for the purposes of unemployment, temporary

disability, retirement, public assistance, workers' compensation,

or similar benefit payments, or minimum wage laws. This section

shall become effective with respect to all payments made after

October 1, 1973.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 418, Oct. 1, 1973, 87 Stat. 413;

Pub. L. 96-143, Sec. 18(a)(2), Dec. 13, 1979, 93 Stat. 1083; Pub.

L. 98-288, Sec. 24, May 21, 1984, 98 Stat. 196.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-288 inserted "workers' compensation," after

"public assistance,".

1979 - Pub. L. 96-143 substituted "subchapter II of this chapter"

for "subchapters II and III of this chapter".

-End-

-CITE-

42 USC Sec. 5059 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5059. Legal expenses

-STATUTE-

Notwithstanding any other provision of law and pursuant to

regulations which the Director shall prescribe, counsel may be

employed and counsel fees, court costs, bail, and other expenses

incidental to the defense of volunteers may be paid in judicial or

administrative proceedings to which full-time volunteers (or

part-time volunteers when such proceeding arises directly out of

the performance of activities pursuant to this chapter) serving

under this chapter have been made parties.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 419, Oct. 1, 1973, 87 Stat. 413;

Pub. L. 98-288, Sec. 25, May 21, 1984, 98 Stat. 196; Pub. L.

99-551, Sec. 10(g), Oct. 27, 1986, 100 Stat. 3078.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-551 substituted "to this chapter)" for "to this

chapter".

1984 - Pub. L. 98-288 struck out "or section 637(b)(1) of title

15" after "pursuant to this chapter".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-End-

-CITE-

42 USC Sec. 5060 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5060. Repealed. Pub. L. 103-82, title III, Sec. 368, Sept. 21,

1993, 107 Stat. 909

-MISC1-

Section, Pub. L. 93-113, title IV, Sec. 420, Oct. 1, 1973, 87

Stat. 414; Pub. L. 96-143, Sec. 13(a), Dec. 13, 1979, 93 Stat.

1080; Pub. L. 98-288, Sec. 26, May 21, 1984, 98 Stat. 196, set out

requirements for prescribing regulations.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103-82,

set out as an Effective Date of 1993 Amendment note under section

4951 of this title.

-End-

-CITE-

42 USC Sec. 5061 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5061. Definitions

-STATUTE-

For the purposes of this chapter -

(1) the term "Director" means the Chief Executive Officer of

the Corporation for National and Community Service appointed

under section 12651c of this title;

(2) the terms "United States" and "States" mean the several

States, the District of Columbia, the Virgin Islands, Puerto

Rico, Guam, and American Samoa and, for the purposes of

subchapter II of this chapter, the Trust Territory of the Pacific

Islands;

(3) the term "nonprofit" as applied to any agency, institution,

or organization means an agency, institution, or organization

which is, or is owned and operated by, one or more corporations

or associations no part of the net earnings of which inures, or

may lawfully inure, to the benefit of any private shareholder or

individual;

(4) the term "poor" or "low-income" persons, individuals, or

volunteers means such individuals whose incomes fall at or below

the poverty line as set forth in section 625 of the Economic

Opportunity Act of 1964, as amended by Public Law 92-424 (42

U.S.C. 2971d): (!1) Provided, That in determining who is "poor"

or "low-income", the Director shall take into consideration

existing poverty guidelines as appropriate to local situations;

(5) the terms "public agencies or organizations" and "Federal,

State, or local agencies" shall include any Indian tribe, band,

nation, or other organized group or community (including any

Alaskan native village or regional village corporation as defined

in or established pursuant to the Alaska Native Claims Settlement

Act [43 U.S.C. 1601 et seq.]) which is recognized by the United

States or the State in which it resides as eligible for special

programs and services provided to Indians because of their status

as Indians;

(6) the term "poverty line for a single individual" means such

poverty line as established by the Director of the Office of

Management and Budget in accordance with section 9902(2) of this

title;

(7) the term "boarder baby" means an infant described in

section 103 of the Abandoned Infants Assistance Act of 1988

(Public Law 100-505; 42 U.S.C. 670 note);

(8) the term "Corporation" means the Corporation for National

and Community Service established under section 12651 of this

title;

(9) the term "foster grandparent" means a volunteer in the

Foster Grandparent Program;

(10) the term "Foster Grandparent Program" means the program

established under part B of subchapter II of this chapter;

(11) except as provided in section 5057 of this title, the term

"individual with a disability" has the meaning given the term in

section 705(20)(B) of title 29;

(12) the term "Inspector General" means the Inspector General

of the Corporation;

(13) the term "national senior volunteer" means a volunteer in

the National Senior Volunteer Corps;

(14) the term "National Senior Volunteer Corps" means the

programs established under parts A, B, C, and E of subchapter II

of this chapter;

(15) the term "Retired and Senior Volunteer Program" means the

program established under part A of subchapter II of this

chapter;

(16) the term "retired or senior volunteer" means a volunteer

in the Retired and Senior Volunteer Program;

(17) the term "senior companion" means a volunteer in the

Senior Companion Program;

(18) the term "Senior Companion Program" means the program

established under part C of subchapter II of this chapter;

(19) the terms "VISTA" and "Volunteers in Service to America"

mean the program established under part A of subchapter I of this

chapter; and

(20) the term "VISTA volunteer" means a volunteer in VISTA.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 421, Oct. 1, 1973, 87 Stat. 414;

Pub. L. 99-551, Secs. 6(b), 10(h), Oct. 27, 1986, 100 Stat. 3074,

3078; Pub. L. 101-204, title IV, Sec. 403, title V, Sec. 502(b),

Dec. 7, 1989, 103 Stat. 1815, 1817; Pub. L. 103-82, title IV, Secs.

401, 404, 405(a)(10), Sept. 21, 1993, 107 Stat. 917, 920, 921; Pub.

L. 105-220, title IV, Sec. 414(e), Aug. 7, 1998, 112 Stat. 1242.)

-REFTEXT-

REFERENCES IN TEXT

Section 625 of the Economic Opportunity Act of 1964, as amended

by Public Law 92-424 (42 U.S.C. 2971d), referred to in par. (4),

was repealed by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13,

1981, 95 Stat. 519. Section 9924 of this title provides that any

reference in any provision of law to the poverty line set forth in

section 625 of the Economic Opportunity Act of 1964 is to be

construed to be a reference to the poverty line defined in section

9902 of this title.

The Alaska Native Claims Settlement Act, referred to in par. (5),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

-MISC1-

AMENDMENTS

1998 - Par. (11). Pub. L. 105-220 substituted "section 705(20)(B)

of title 29" for "section 706(8)(B) of title 29".

1993 - Par. (1). Pub. L. 103-82, Sec. 404, added par. (1) and

struck out former par. (1) which read as follows: "the term

'Director' means the Director of the ACTION Agency;".

Pars. (8) to (11). Pub. L. 103-82, Sec. 401, added pars. (8) to

(11).

Par. (12). Pub. L. 103-82, Sec. 405(a)(10), substituted "the

Corporation" for "ACTION".

Pub. L. 103-82, Sec. 401, added par. (12).

Pars. (13) to (20). Pub. L. 103-82, Sec. 401, added pars. (13) to

(20).

1989 - Par. (6). Pub. L. 101-204, Sec. 403, added par. (6).

Par. (7). Pub. L. 101-204, Sec. 502(b), added par. (7).

1986 - Par. (1). Pub. L. 99-551, Sec. 10(h), substituted "Agency"

for "agency".

Par. (5). Pub. L. 99-551, Sec. 6(b), added par. (5).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by sections 404 and 405(a)(10) of Pub. L. 103-82

effective Apr. 4, 1994, see section 406(b) of Pub. L. 103-82, set

out as a note under section 8332 of Title 5, Government

Organization and Employees.

Section 406(a) of Pub. L. 103-82 provided that: "The amendments

made by sections 401 through 402 [amending this section, sections

12612, 12617, 12619, 12622 to 12626, 12632, 12636, 12637, 12639,

and 12662 of this title, and provisions set out as notes under

section 12612 of this title] will take effect on October 1, 1993."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5062 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5062. Audit

-STATUTE-

(a) Recordkeeping

Each recipient of Federal grants, subgrants, contracts,

subcontracts, or loans entered into under this chapter other than

by formal advertising, and which are otherwise authorized by this

chapter, shall keep such records as the Director or the Inspector

General shall prescribe, including records which fully disclose the

amount and disposition by such recipient of the proceeds of such

assistance, the total cost of the project or undertaking in

connection with which such assistance is given or used, the amount

of that portion of the cost of the project or undertaking supplied

by other sources, and such other records as will facilitate an

effective audit.

(b) Access to books, documents, papers, and records; limitations

The Director, the Inspector General, and the Comptroller General

of the United States, or any of their duly authorized

representatives, shall, until the expiration of three years after

completion of the project or undertaking referred to in subsection

(a) of this section, have access for the purpose of audit and

examination to any books, documents, papers, and records of such

recipients which in the opinion of the Director, the Inspector

General, or the Comptroller General may be related or pertinent to

the grants, contracts, subcontracts, subgrants, or loans referred

to in subsection (a) of this section.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 422, Oct. 1, 1973, 87 Stat. 414;

Pub. L. 103-82, title III, Sec. 369, Sept. 21, 1993, 107 Stat.

909.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 369(1), inserted "or the

Inspector General" after "Director".

Subsec. (b). Pub. L. 103-82, Sec. 369(2), inserted ", the

Inspector General," after "Director" in two places.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

-End-

-CITE-

42 USC Sec. 5063 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5063. Reduction of paperwork

-STATUTE-

In order to reduce unnecessary, duplicative, or disruptive

demands for information, the Director, in consultation with other

appropriate agencies and organizations, shall continually review

and evaluate all requests for information made under this chapter

and take such action as may be necessary to reduce the paperwork

required under this chapter. The Director shall request only such

information as the Director deems essential to carry out the

purposes and provisions of this chapter.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 423, as added Pub. L. 96-143, Sec.

14(a), Dec. 13, 1979, 93 Stat. 1081.)

-End-

-CITE-

42 USC Sec. 5064 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5064. Review of project renewals

-STATUTE-

If the executive authority of any State or local government

submits to the Director, not later than 30 days before the

expiration of any contract or grant to carry out any project under

this chapter, a statement which objects to the renewal of such

contract or grant, then the Director shall (1) review such

statement and take it into account in determining whether to renew

such contract or grant; and (2) submit to such executive authority

a written statement of reasons regarding the Director's

determination with respect to such renewal and specifically with

respect to any objection so submitted.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 424, as added Pub. L. 96-143, Sec.

14(a), Dec. 13, 1979, 93 Stat. 1081.)

-End-

-CITE-

42 USC Sec. 5065 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV - ADMINISTRATION AND COORDINATION

-HEAD-

Sec. 5065. Protection against improper use

-STATUTE-

Whoever falsely -

(1) advertises or represents; or

(2) publishes or displays any sign, symbol, or advertisement,

reasonably calculated to convey the impression,

that an entity is affiliated with, funded by, or operating under

the authority of the Corporation, VISTA, or any of the programs of

the National Senior Volunteer Corps may be enjoined under an action

filed by the Attorney General, on a complaint by the Director.

-SOURCE-

(Pub. L. 93-113, title IV, Sec. 425, as added and amended Pub. L.

103-82, title III, Sec. 370, title IV, Sec. 405(a)(11), Sept. 21,

1993, 107 Stat. 909, 921.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 405(a)(11), substituted "the

Corporation" for "ACTION" in concluding provisions.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 405(a)(11) of Pub. L. 103-82 effective Apr.

4, 1994, see section 406(b) of Pub. L. 103-82, set out as a note

under section 8332 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 392 of Pub. L.

103-82, set out as an Effective Date of 1993 Amendment note under

section 4951 of this title.

-End-

-CITE-

42 USC SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-End-

-CITE-

42 USC Sec. 5081 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 5081. National Volunteer Antipoverty Programs

-STATUTE-

(a) Authorizations

(1) Volunteers in Service to America

There are authorized to be appropriated to carry out parts A

and B of subchapter I of this chapter, excluding section 4959 of

this title, $56,000,000 for fiscal year 1994, and such sums as

may be necessary for each of the fiscal years 1995 and 1996.

(2) Literacy activities

There are authorized to be appropriated to carry out section

4959 of this title, $5,600,000 for fiscal year 1994, and such

sums as may be necessary for each of the fiscal years 1995 and

1996.

(3) Special volunteer programs

There are authorized to be appropriated to carry out part C of

subchapter I of this chapter, excluding section 4995 (!1) of this

title, such sums as may be necessary for each of the fiscal years

1994 through 1996.

(4) Literacy challenge grants

There are authorized to be appropriated to carry out section

4995 (!1) of this title, such sums as may be necessary for each

of the fiscal years 1994 through 1996.

(5) Specification of budget function

The authorizations of appropriations contained in this

subsection shall be considered to be a component of budget

function 500 as used by the Office of Management and Budget to

cover education, training, employment, and social services, and,

as such, shall be considered to be related to the programs of the

Departments of Labor, Health and Human Services, and Education

for budgetary purposes.

(b) Subsistence

The minimum level of an allowance for subsistence required under

section 4955(b)(2) of this title, to be provided to each volunteer

under subchapter I of this chapter, may not be reduced or limited

in order to provide for an increase in the number of volunteer

service years under part A of subchapter I of this chapter.

No part of the funds appropriated to carry out part A of

subchapter I of this chapter may be used to provide volunteers or

assistance to any program or project authorized under part B or C

of subchapter I of this chapter, or under subchapter II of this

chapter, unless the program or project meets the antipoverty

criteria of part A of subchapter I of this chapter.

(d) Availability

Amounts appropriated for part A of subchapter I of this chapter

shall remain available for obligation until the end of the fiscal

year following the fiscal year for which the amounts were

appropriated.

(e) Volunteer service requirement

(1) Volunteer service years

Of the amounts appropriated under this section for parts A, B,

and C of subchapter I of this chapter, including section 4995 of

this title, there shall first be available for part A of

subchapter I of this chapter, including sections 4954(e) and 4959

of this title, an amount not less than the amount necessary to

provide 3,700 volunteer service years in fiscal year 1994, 4,000

volunteer service years in fiscal year 1995, and 4,500 volunteer

service years in fiscal year 1996.

(2) Plan

If the Director determines that funds appropriated to carry out

part A, B, or C of subchapter I of this chapter are insufficient

to provide for the years of volunteer service required by

paragraph (1), the Director shall submit a plan to the relevant

authorizing and appropriations committees of Congress that will

detail what is necessary to fully meet this requirement.

-SOURCE-

(Pub. L. 93-113, title V, Sec. 501, Oct. 1, 1973, 87 Stat. 415;

Pub. L. 94-293, Sec. 6(a), May 27, 1976, 90 Stat. 526; Pub. L.

96-143, Sec. 15(a), (b), Dec. 13, 1979, 93 Stat. 1082; Pub. L.

97-35, title VI, Sec. 607(a), Aug. 13, 1981, 95 Stat. 486; Pub. L.

98-288, Sec. 27(a), May 21, 1984, 98 Stat. 196; Pub. L. 99-551,

Sec. 9(a), Oct. 27, 1986, 100 Stat. 3076; Pub. L. 99-570, title IV,

Sec. 4301(2), Oct. 27, 1986, 100 Stat. 3207-153; Pub. L. 100-690,

title III, Sec. 3402, Nov. 18, 1988, 102 Stat. 4253; Pub. L.

101-204, title VIII, Secs. 801, 802, Dec. 7, 1989, 103 Stat. 1823,

1824; Pub. L. 102-73, title VII, Sec. 701(b), July 25, 1991, 105

Stat. 359; Pub. L. 103-82, title III, Sec. 381, Sept. 21, 1993, 107

Stat. 913.)

-REFTEXT-

REFERENCES IN TEXT

Section 4995 of this title, referred to in subsec. (a)(3), (4),

was in the original a reference to section 125, meaning section 125

of Pub. L. 93-113, which has been translated as reading section 124

of Pub. L. 93-113 to reflect the probable intent of Congress and

the renumbering of section 125 of Pub. L. 93-113 as section 124 by

Pub. L. 103-82, title III, Sec. 333(2), Sept. 21, 1993, 107 Stat.

903. Pub. L. 93-113 does not contain a section 125.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

provisions authorizing appropriations for parts A, B, and C of

subchapter I of this chapter for fiscal years 1994 through 1996 for

provisions authorizing appropriations for such parts for fiscal

years 1987 through 1993.

1991 - Subsec. (c). Pub. L. 102-73 designated existing provisions

as par. (1), redesignated former pars. (1) and (2) as subpars. (A)

and (B), respectively, of par. (1), and added pars. (2) and (3).

1989 - Subsec. (a)(1). Pub. L. 101-204, Sec. 801(a), inserted

provision authorizing appropriations for fiscal years 1990 through

1993.

Subsec. (a)(2). Pub. L. 101-204, Sec. 801(b)(1), inserted

provision authorizing appropriations for fiscal years 1990 through

1993.

Subsec. (a)(3). Pub. L. 101-204, Sec. 801(b)(2), substituted

"1987 through 1993" for "1987, 1988, and 1989".

Subsec. (b). Pub. L. 101-204, Sec. 801(c), inserted provision

authorizing appropriations for fiscal years 1990 through 1993.

Subsec. (c). Pub. L. 101-204, Sec. 801(d)(1), inserted provision

authorizing appropriations for fiscal years 1990 through 1993 to

carry out part C of subchapter I of this chapter.

Pub. L. 101-204, Sec. 801(d)(2), inserted provision authorizing

appropriations for fiscal years 1992 and 1993 for support of drug

abuse prevention.

Subsec. (d)(1)(D) to (G). Pub. L. 101-204, Sec. 801(e), added

subpars. (D) to (G).

Subsec. (d)(4). Pub. L. 101-204, Sec. 802, added par. (4).

1988 - Subsec. (c). Pub. L. 100-690, Sec. 3402(1), inserted

"(other than section 4994(b) of this title)" after "of this

chapter" and inserted provisions at end relating to additional

authorization of appropriations for support of drug abuse

prevention in fiscal years 1989 through 1991.

Subsec. (d)(1). Pub. L. 100-690, Sec. 3402(2), substituted

"subchapter I of this chapter (other than section 4994(b) of this

title)" for "subchapter I of this chapter".

1986 - Subsecs. (a), (b). Pub. L. 99-551 added subsecs. (a) and

(b) and struck out former subsecs. (a) and (b) which read as

follows:

"(a) There is authorized to be appropriated to carry out part A

of subchapter I of this chapter $17,000,000 for fiscal year 1984,

$20,000,000 for fiscal year 1985, and $25,000,000 for fiscal year

1986.

"(b) There is authorized to be appropriated to carry out part B

of subchapter I of this chapter $1,800,000 for the fiscal year 1984

and for each of the fiscal years 1985 and 1986."

Subsec. (c). Pub. L. 99-570 inserted at end "In addition to the

amounts authorized to be appropriated by the preceding sentence,

there is authorized to be appropriated the aggregate sum of

$5,500,000 for fiscal years 1987 and 1988 to be made available for

drug abuse prevention."

Pub. L. 99-551 added subsec. (c) and struck out former subsec.

to carry out part C of subchapter I of this chapter $1,984,000 for

the fiscal year 1984 and for each of the fiscal years 1985 and

1986."

Subsec. (d)(1). Pub. L. 99-551 added par. (1) and struck out

former par. (1) which read as follows: "Of the amounts appropriated

under this section for parts A, B, and C of subchapter I of this

chapter, there shall first be available for part A of subchapter I

of this chapter an amount not less than the amount necessary to

provide -

"(A) 2,000 years of volunteer service in fiscal year 1984;

"(B) 2,200 years of volunteer service in fiscal year 1985; and

"(C) 2,400 years of volunteer service in fiscal year 1986."

1984 - Pub. L. 98-288 designated existing provisions as subsec.

(a), substituted "There is authorized to be appropriated to carry

out part A of subchapter I of this chapter $17,000,000 for fiscal

year 1984, $20,000,000 for fiscal year 1985, and $25,000,000 for

fiscal year 1986" for "There is authorized to be appropriated to

carry out subchapter I of this chapter $25,763,000 for fiscal year

1982 and $15,391,000 for fiscal year 1983. Of the amounts

appropriated under this section, not less than $16,000,000 shall

first be available for carrying out part A of subchapter I of this

chapter for fiscal year 1982, and not less than $8,000,000 shall

first be available for carrying out part A of subchapter I of this

chapter for fiscal year 1983", and added subsecs. (b) to (e).

1981 - Pub. L. 97-35 substituted provisions relating to

authorization and availability of funds for fiscal years 1982 and

1983, for provisions relating to authorization and availability of

funds for fiscal year ending June 30, 1974, through fiscal year

ending Sept. 30, 1981.

1979 - Subsec. (a). Pub. L. 96-143, Sec. 15(a), inserted

"September 30, 1979, September 30, 1980, and September 30, 1981,"

after "September 30, 1978," and substituted "this section for the

purpose of carrying out subchapter I of this chapter" for "this

subchapter".

Subsec. (c). Pub. L. 96-143, Sec. 15(b), added subsec. (c).

1976 - Subsec. (a). Pub. L. 94-293 inserted "September 30, 1977,

and September 30, 1978," after "June 30, 1976".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

ADDITIONAL APPROPRIATIONS AUTHORIZATION

Additional appropriations authorization for meeting increase in

stipend to volunteers under section 4955(a)(1) of this title, see

section 5(b) of Pub. L. 94-130, set out as a note under section

4955 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4953, 4958, 5084, 12651d

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5082 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 5082. National Senior Volunteer Corps

-STATUTE-

(a) Retired and Senior Volunteer Program

There are authorized to be appropriated to carry out part A of

subchapter II of this chapter, $45,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996.

(b) Foster Grandparent Program

There are authorized to be appropriated to carry out part B of

subchapter II of this chapter, $85,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996.

There are authorized to be appropriated to carry out part C of

subchapter II of this chapter, $40,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996.

(d) Demonstration programs

There are authorized to be appropriated to carry out part E of

subchapter II of this chapter, such sums as may be necessary for

each of the fiscal years 1994 through 1996.

-SOURCE-

(Pub. L. 93-113, title V, Sec. 502, Oct. 1, 1973, 87 Stat. 415;

Pub. L. 94-135, title II, Sec. 205(a), Nov. 28, 1975, 89 Stat. 727;

Pub. L. 95-478, title IV, Sec. 402(d), Oct. 18, 1978, 92 Stat.

1558; Pub. L. 97-35, title VI, Sec. 607(b), Aug. 13, 1981, 95 Stat.

486; Pub. L. 98-288, Sec. 28, May 21, 1984, 98 Stat. 197; Pub. L.

99-551, Sec. 9(b)-(d), Oct. 27, 1986, 100 Stat. 3077; Pub. L.

101-204, title VIII, Sec. 804, title IX, Sec. 902(7), Dec. 7, 1989,

103 Stat. 1824, 1826; Pub. L. 103-82, title III, Sec. 382, Sept.

21, 1993, 107 Stat. 914.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally, substituting

subsecs. (a) to (d) authorizing appropriations for parts A, B, C,

and E of subchapter II of this chapter for fiscal years 1994

through 1996 for former subsecs. (a) to (c) authorizing

appropriations for parts A, B, and C of such subchapter for fiscal

years 1989 through 1993.

1989 - Pub. L. 101-204, Sec. 902(7), struck out "National" before

"Older Americans" in section catchline.

Subsec. (a). Pub. L. 101-204, Sec. 804(a), inserted "not less

than the amount appropriated in the previous fiscal year and not

more than" after "to be appropriated", struck out provisions

authorizing appropriations for fiscal years 1986 through 1988, and

inserted provisions authorizing appropriations for fiscal years

1990 through 1993.

Subsec. (b). Pub. L. 101-204, Sec. 804(b), inserted "not less

than the amount appropriated in the previous fiscal year and not

more than" after "to be appropriated", struck out provisions

authorizing appropriations for fiscal years 1986 through 1988, and

inserted provisions authorizing appropriations for fiscal years

1990 through 1993.

Subsec. (c). Pub. L. 101-204, Sec. 804(c), inserted "not less

than the amount appropriated in the previous fiscal year and not

more than" after "to be appropriated", struck out provisions

authorizing appropriations for fiscal years 1986 through 1988, and

inserted provisions authorizing appropriations for fiscal years

1990 through 1993.

1986 - Subsec. (a). Pub. L. 99-551, Sec. 9(b), inserted ",

$32,000,000 for fiscal year 1987, $33,280,000 for fiscal year 1988,

and $34,610,000 for fiscal year 1989" and struck out "$30,412,000

for fiscal year 1983, $29,700,000 for fiscal year 1984, $30,400,000

for fiscal year 1985, and" after "to be appropriated".

Subsec. (b). Pub. L. 99-551, Sec. 9(c), inserted ", $60,000,000

for fiscal year 1987, $62,400,000 for fiscal year 1988, and

$64,900,000 for fiscal year 1989" and struck out "$52,650,000 for

fiscal year 1983, $54,300,000 for fiscal year 1984, $56,700,000 for

fiscal year 1985, and" after "to be appropriated".

Subsec. (c). Pub. L. 99-551, Sec. 9(d), inserted ", $29,740,000

for fiscal year 1987, $30,930,000 for fiscal year 1988, and

$32,170,000 for fiscal year 1989" and struck out "$17,607,000 for

fiscal year 1983, $27,800,000 for fiscal year 1984, $28,200,000 for

fiscal year 1985, and" after "to be appropriated".

1984 - Subsec. (a). Pub. L. 98-288, Sec. 28(a), struck out

"$28,691,000 for fiscal year 1982 and" after "to be appropriated",

and inserted "$29,700,000 for fiscal year 1984, $30,400,000 for

fiscal year 1985, and $31,100,000 for fiscal year 1986".

Subsec. (b). Pub. L. 98-288, Sec. 28(b), struck out "$49,670,000

for fiscal year 1982 and" after "to be appropriated", and inserted

"$54,300,000 for fiscal year 1984, $56,700,000 for fiscal year

1985, and $58,700,000 for fiscal year 1986".

Subsec. (c). Pub. L. 98-288, Sec. 28(c), struck out "$16,610,000

for fiscal year 1982 and" after "to be appropriated", and inserted

"$27,800,000 for fiscal year 1984, $28,200,000 for fiscal year

1985, and $28,600,000 for fiscal year 1986".

1981 - Subsec. (a). Pub. L. 97-35, Sec. 607(b)(1), substituted

provisions authorizing appropriations for fiscal years 1982 and

1983, for provisions authorizing appropriations for fiscal year

ending June 30, 1974, through fiscal year ending Sept. 30, 1981.

Subsec. (b). Pub. L. 97-35, Sec. 607(b)(2), substituted

provisions authorizing appropriations for fiscal years 1982 and

1983, for provisions relating to authorization, availability, and

allocation of appropriations from fiscal year ending June 30, 1974,

through fiscal year ending Sept. 30, 1981.

Subsec. (c). Pub. L. 97-35, Sec. 607(b)(3), added subsec. (c).

1978 - Subsec. (a). Pub. L. 95-478, Sec. 402(d)(1), authorized

appropriations of $25,000,000; $30,000,000; and $35,000,000 for

fiscal years ending Sept. 30, 1979, through 1981.

Subsec. (b)(2). Pub. L. 95-478, Sec. 402(d)(2), authorized

appropriations of $55,000,000; $62,500,000; and $70,000,000 for

fiscal years ending Sept. 30, 1979, through 1981, for carrying out

part B programs of the subchapter.

1975 - Subsec. (a). Pub. L. 94-135, Sec. 205(a)(1), authorized

appropriations of $6,000,000 for period beginning July 1, 1976, and

ending Sept. 30, 1976, and $22,000,000 for fiscal years ending

Sept. 30, 1977, and 1978.

Subsec. (b). Pub. L. 94-135, Sec. 205(a)(2), authorized

appropriations of $10,750,000 for period beginning July 1, 1976,

and ending Sept. 30, 1976, and $43,000,000 for fiscal years ending

Sept. 30, 1977, and 1978, in introductory text; $8,750,000 for

period beginning July 1, 1976, and ending Sept. 30, 1976, and

$35,000,000 for fiscal years ending Sept. 30, 1977, and 1978, in

cl. (A); and $2,000,000 for period beginning July 1, 1976, and

ending Sept. 30, 1976, and $8,000,000 for fiscal years ending Sept.

30, 1977, and 1978, in cl. (B).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at the close of Sept. 30,

1978, see section 504 of Pub. L. 95-478, set out as a note under

section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5021, 5025, 5084 of this

title.

-End-

-CITE-

42 USC Sec. 5083 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 5083. Repealed. Pub. L. 95-510, Sec. 102(b), Oct. 24, 1978, 92

Stat. 1781

-MISC1-

Section, Pub. L. 93-113, title V, Sec. 503, Oct. 1, 1973, 87

Stat. 415; Pub. L. 94-293, Sec. 6(b), May 27, 1976, 90 Stat. 526,

authorized appropriations for national volunteer programs to assist

small businesses and promote volunteer service by persons with

business experience.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 105 of Pub. L. 95-510,

set out as an Effective Date of 1978 Amendment note under section

634 of Title 15, Commerce and Trade.

-End-

-CITE-

42 USC Sec. 5084 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 5084. Administration and coordination

-STATUTE-

(a) In general

For each of the fiscal years 1994 through 1996, there are

authorized to be appropriated for the administration of this

chapter as provided for in subchapter IV of this chapter, 18

percent of the total amount appropriated under sections 5081 and

5082 of this title with respect to such year.

(b) Evaluation

For each of the fiscal years 1994 through 1996, the Director is

authorized to expend not less than 2 1/2 percent, and not more

than 5 percent, of the amount appropriated under subsection (a) of

this section, for the purposes prescribed in section 5056 of this

title.

-SOURCE-

(Pub. L. 93-113, title V, Sec. 504, Oct. 1, 1973, 87 Stat. 416;

Pub. L. 94-293, Sec. 6(c), May 27, 1976, 90 Stat. 526; Pub. L.

96-143, Sec. 15(c), Dec. 13, 1979, 93 Stat. 1082; Pub. L. 97-35,

title VI, Sec. 607(c), Aug. 13, 1981, 95 Stat. 487; Pub. L. 98-288,

Sec. 29, May 21, 1984, 98 Stat. 197; Pub. L. 99-551, Sec. 9(e),

Oct. 27, 1986, 100 Stat. 3077; Pub. L. 99-570, title IV, Sec.

4301(3), Oct. 27, 1986, 100 Stat. 3207-153; Pub. L. 101-204, title

VIII, Sec. 803, Dec. 7, 1989, 103 Stat. 1824; Pub. L. 103-82, title

III, Sec. 383, Sept. 21, 1993, 107 Stat. 915.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82 amended section generally. Prior to

amendment, section read as follows:

"(a) There is authorized to be appropriated for the

administration of this chapter, as authorized in subchapter IV of

this chapter, $25,312,000 for each of the fiscal years 1987, 1988,

and 1989. In addition to the amounts authorized to be appropriated

for the administration of this chapter by the preceding sentence,

there is authorized to be appropriated the aggregate sum of

$500,000 for fiscal years 1987 and 1988 to be available for support

of drug abuse prevention.

"(b) For each of the fiscal years 1990 through 1993, there is

authorized to be appropriated for the administration of this

chapter, as authorized in subchapter IV of this chapter, 20 percent

of the total amount appropriated under sections 5081 and 5082 of

this title."

1989 - Pub. L. 101-204 designated existing provisions as subsec.

(a) and added subsec. (b).

1986 - Pub. L. 99-570 inserted at end "In addition to the amounts

authorized to be appropriated for the administration of this

chapter by the preceding sentence, there is authorized to be

appropriated the aggregate sum of $500,000 for fiscal years 1987

and 1988 to be available for support of drug abuse prevention."

Pub. L. 99-551 substituted "$25,312,000 for each of the fiscal

years 1987, 1988, and 1989" for "$25,800,000 for fiscal year 1984,

$27,000,000 for fiscal year 1985, and $28,000,000 for fiscal year

1986".

1984 - Pub. L. 98-288 substituted "$25,800,000 for fiscal year

1984, $27,000,000 for fiscal year 1985, and $28,000,000 for fiscal

year 1986" for "$30,091,000 for fiscal year 1982 and $29,348,000

for fiscal year 1983".

1981 - Pub. L. 97-35 substituted provisions authorizing

appropriations for fiscal years 1982 and 1983, for provisions

authorizing appropriations for fiscal year ending June 30, 1974,

through fiscal year ending Sept. 30, 1981.

1979 - Pub. L. 96-143 inserted "September 30, 1979, September 30,

1980, and September 30, 1981," after "September 30, 1978,".

1976 - Pub. L. 94-293 inserted "September 30, 1977, and September

30, 1978," after "June 30, 1976,".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as

otherwise provided, see section 11 of Pub. L. 99-551, set out as an

Effective Date note under section 4950 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 3142.

-End-

-CITE-

42 USC Sec. 5085 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER V - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 5085. Availability of appropriations

-STATUTE-

Notwithstanding any other provision of law, unless enacted in

express and specific limitation of the provisions of this section,

funds appropriated for any fiscal year to carry out any program

under this chapter or any predecessor authority shall remain

available, in accordance with the provisions of this chapter, for

obligation and expenditure until expended.

-SOURCE-

(Pub. L. 93-113, title V, Sec. 505, Oct. 1, 1973, 87 Stat. 416.)

-End-

-CITE-

42 USC SUBCHAPTER VI - YOUTHBUILD PROJECTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER VI - YOUTHBUILD PROJECTS

-HEAD-

SUBCHAPTER VI - YOUTHBUILD PROJECTS

-End-

-CITE-

42 USC Secs. 5091 to 5091n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 66 - DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER VI - YOUTHBUILD PROJECTS

-HEAD-

Secs. 5091 to 5091n. Repealed. Pub. L. 103-82, title III, Sec. 385,

Sept. 21, 1993, 107 Stat. 915

-MISC1-

Section 5091, Pub. L. 93-113, title VII, Sec. 701, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3172, set

forth purpose of this subchapter.

Section 5091a, Pub. L. 93-113, title VII, Sec. 702, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3173,

authorized Federal grants for Youthbuild projects.

Section 5091b, Pub. L. 93-113, title VII, Sec. 703, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3173,

related to service in construction and rehabilitation projects.

Section 5091c, Pub. L. 93-113, title VII, Sec. 704, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3174,

related to education and job training services.

Section 5091d, Pub. L. 93-113, title VII, Sec. 705, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3174, set

forth permitted uses of funds provided under this subchapter.

Section 5091e, Pub. L. 93-113, title VII, Sec. 706, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3175, set

forth eligibility requirements for participants.

Section 5091f, Pub. L. 93-113, title VII, Sec. 707, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3175,

provided living allowance for full-time program participants.

Section 5091g, Pub. L. 93-113, title VII, Sec. 708, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3176,

directed that services and activities be carried out through

arrangements or under contracts with certain entities.

Section 5091h, Pub. L. 93-113, title VII, Sec. 709, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3176,

directed prescribing of standards for evaluating performance of

projects.

Section 5091i, Pub. L. 93-113, title VII, Sec. 710, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3176,

related to applications for grants.

Section 5091j, Pub. L. 93-113, title VII, Sec. 711, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3177, set

forth criteria for selection of projects.

Section 5091k, Pub. L. 93-113, title VII, Sec. 712, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3177,

authorized management and technical assistance for projects.

Section 5091l, Pub. L. 93-113, title VII, Sec. 713, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3178,

defined terms for purposes of this subchapter.

Section 5091m, Pub. L. 93-113, title VII, Sec. 715, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3179;

amended Pub. L. 102-10, Sec. 10, Mar. 12, 1991, 105 Stat. 32,

directed issuance of necessary regulations.

Section 5091n, Pub. L. 93-113, title VII, Sec. 716, as added Pub.

L. 101-610, title II, Sec. 211, Nov. 16, 1990, 104 Stat. 3179,

authorized appropriations to carry out this subchapter.

EFFECTIVE DATE OF REPEAL

Subchapter repealed effective Oct. 1, 1993, see section 392 of

Pub. L. 103-82, set out as an Effective Date of 1993 Amendment note

under section 4951 of this title.

-End-

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