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National Service – Volume 1 – 42 USC, Chapter 66, VISTA [Volunteers in Service To America] [binder]
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National Service – Volume 1 – 42 USC, Chapter 66, VISTA [Volunteers in Service To America] [binder]
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FOIA Number: 2013-0661-F (2)
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Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
National Service
Series/Staff Member:
Rick Allen
Subseries:
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1292
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National Service - Volume I - 42 USC, Chapter 66, VISTA [Volunteers in Service to America]
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Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a tabbed divider. Given our
digitization capabilities, we are sometimes unable to adequately
scan such dividers. The title from the original document is
indicated below.
42
VISTA
Ch
66
Divider Title:
CHAPTER 66-DOMESTIC VOLUNTEER SERVICES
SUBCHAPTER I-NATIONAL VOLUNTEER
ANTIPOVERTY PROGRAMS
PART A-VOLUNTEERS IN SERVICE TO AMERICA
Sec.
4951. Congressional statement of purpose.
4952. Authority to operate Vista program.
4953. Assignment of volunteers.
(a) Programs or projects for Indians, migratory and seasonal
farmworkers and their families, residents of certain areas,
mentally ill, developmentally disabled, and other handi-
capped individuals, and persons eligible for assistance un-
der this chapter or for economic opportunity assistance.
(b) Home community services of teams of low-income communi-
ty volunteers and nationally recruited specialist volunteers;
individual plans for low-income community volunteers;
updating and review of individual plans.
(c) Terms and conditions; restrictions on political activities;
place of service.
(d) Program or project submittal to Governor; commencement
and termination of service.
4954. Terms and periods of service.
(a) Personal commitment; scope of commitment.
(b) Minimum period of service; critical scarce-skill needs excep-
tion; reenrollment; limitation.
(c) Oath or affirmation.
(d) Grievance and personal view presentation procedure; notice
and hearing; information.
4955. Support services.
(a) Stipend; limitation; volunteer leaders; payment upon com-
pletion of term; advancement of accrued stipend; benefici-
ary of deceased volunteer.
(b) Description of allowances and support services.
4956. Participation of program beneficiaries.
4957. Participation of older persons.
4958. Limitation on funds appropriated for grants and contracts for direct
cost of supporting volunteers in programs or projects.
PART B-SERVICE-LEARNING PROGRAMS
4971. Congressional statement of purpose.
565
4972. Authority to operate University Year for ACTION program; insti-
tutional benefits affecting stipend for volunteers.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
Sec.
Sec.
4973. Special conditions.
5011. Grants and contracts for individual service projects-Continued
(a) Academic credit.
(b) Person-to-person services to children in an individual service
project by public or private nonprofit agency; authority
(b) Participation of student volunteers and educational institu-
and criteria for determinations; mutual agreements be-
tions.
tween parties.
(c) Financial assistance limitation; commitment stipulations;
(c) Definitions.
monitoring of compliance with commitment; compliance
(d) Domestic Volunteer Service; allowances, stipends, and other
information to Secretary.
support.
4974. Special service-learning programs.
(e) Additional definitions.
(a) Authority of Director to grant and contract.
5012. Conditions of grants and contracts; "community action agency" de-
(b) Federal employee status prohibition.
fined.
(c) Living and other support or allowances.
PART C-SENIOR COMPANIONS PROGRAM
PART C-SPECIAL VOLUNTEER PROGRAMS
5013. Grants and contracts; applicability of other laws.
4991. Congressional statement of purpose.
PART D-GENERAL PROVISIONS
4992. Authority to establish and operate special volunteer programs or
5021. Coordination with other Federal programs.
demonstration programs.
5022. Payments; adjustments; advances or reimbursement; installments;
(a) Youthful offender incarceration alternatives; veterans educa-
conditions.
tional opportunities; drug abusers counseling; assistance
5023. Minority group participation.
to victims of domestic violence; periods of service; identi-
fication of segments of poverty community which could
SUBCHAPTER III-NATIONAL VOLUNTEER PROGRAMS
benefit from volunteer and other antipoverty efforts.
TO ASSIST SMALL BUSINESSES AND PROMOTE
(b) Assignment of volunteers; terms and conditions.
VOLUNTEER SERVICE BY PERSONS
(c) Allowances, supports, services, and stipends for part-time and
WITH BUSINESS EXPERIENCE
full-time volunteers.
4993. Technical and financial assistance to Federal agencies, etc., for im-
5031, 5032. Repealed.
provement of volunteer programs; purposes and methods of assis-
SUBCHAPTER IV-ADMINISTRATION
tance.
AND COORDINATION
SUBCHAPTER II-NATIONAL OLDER AMERICAN
5041. ACTION Agency; establishment; officials of ACTION Agency:
VOLUNTEER PROGRAMS
Director, Deputy Director, Associate Director and Deputy Asso-
ciate Directors for Domestic and Anti-Poverty Operations, and
Assistant Directors; appointment, compensation, and functions.
PART A-RETIRED SENIOR VOLUNTEER PROGRAM
5042. Authority of Director.
5001. Grants and contracts for volunteer service projects.
(1) Appointment and compensation of personnel.
(a) Approval of programs; rules and regulations.
(2) Employment and compensation of experts and consultants.
(3) Reimbursement of other Federal agencies for performance of
(b) Proportion of required local contribution; exceptions.
provisions; delegation of functions.
(c) Conditions upon award of grant or contract.
(4) Utilization of services and facilities of Federal and State agen-
(d) Volunteer service as employment.
cies.
(5) Acceptance of gifts, devises, and bequests.
PART B-FOSTER GRANDPARENT PROGRAM
(6) Acceptance of voluntary and uncompensated services.
5011. Grants and contracts for individual service projects.
(7) Allocation and expenditure of funds; transfer of funds to
(a) Foster Grandparent projects; amount.
other Federal agencies.
166
167
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
Sec.
Sec.
5042. Authority of Director-Continued
5052. Suspension and termination of financial assistance; procedures; no-
(8) Dissemination of data and information.
tice and hearing; emergency situations; refunding applications.
(9) Seal.
5053. Repealed.
(10) Collection or compromise of obligations.
5054. Distribution of benefits between rural and urban areas.
(11) Expenditures for printing and binding, rent, and repairs, al-
5055. Application of Federal law.
teration, and improvement of buildings.
(a) General rule.
(12) Grants or contracts for assignment or referral of volunteers;
(b) Specific Federal legislation.
payment of program costs.
(c) Subsequent government employment.
(13) Educational and vocational counseling.
(d) Competitive service.
(14) Specific necessary or appropriate functions.
(e) References in other laws to service under provisions relating
to Volunteers in Service to America deemed references to
(15) Other necessary or appropriate functions.
service under subchapter I of this chapter.
5043. Political activities.
(a) Funds use prohibition; "election" and "Federal office" de-
(f) Civil actions.
fined.
5056. Evaluation of programs and projects.
(b) Prohibition on program identification.
(a) General objectives; persons conducting the evaluation.
(c) Enforcement; rules and regulations.
(b) General standards; publication; reports of ensuing actions.
5044. Special limitations.
(c) Opinions of participants.
(a) Volunteer activities; limitation.
(d) Summaries of results; publication.
(e) Federal property.
(b) Support costs.
(c) Compensation of supervising agencies or organizations.
(f) Funds limitation; reduction of allotments.
5057. Nondiscrimination.
(d) Labor or antilabor organization activities; funds use prohibi-
5058. Eligibility for other benefits.
tion.
5059. Legal expenses.
(e) Selection procedure.
5060. Requirements for prescribing regulations.
(f) Delegation of functions; compensation: conversion require-
(a) Definitions.
ment; Peace Corps exceptions.
(b) Citations.
(g) Government assistance; eligibility; special limitations.
(c) Publication in Federal Register; effective date; opportunity
5045. National Voluntary Service Advisory Council.
to comment.
(a) Establishment; membership; appointment and term; repre-
(d) Transmission of copy of regulation to Congress; hardship ex-
sentation of interests; temporary and permanent chairper-
ception.
son; initial and annual meetings; compensation and travel
(e) Schedule of final regulations.
expenses; ex officio membership.
5061. Definitions.
(b) Functions of Council.
5062. Audit.
(c) Repealed.
(a) Recordkeeping.
(d) Applicability of provisions to National Advisory Council to
(b) Access to books, documents, papers, and records; limita-
ACTION Agency established by administrative action af-
tions.
ter January 1, 1976.
5063. Reduction of paperwork.
5046. Labor standards for federally assisted projects, buildings, and works.
5064. Review of project renewals.
5047. Report to President for transmittal to Congress.
5048. Joint funding; single non-Federal share requirement; grant or con-
SUBCHAPTER V-AUTHORIZATION OF APPROPRIATIONS
tract requirement waiver.
5049. Prohibition of Federal control of educational institution or school
5081. National Volunteer Antipoverty Programs.
5082. National Older Americans Volunteer Programs.
system.
5050. Coordination with other programs.
5083. Repealed.
5051. Performance of functions by existing departments or offices rather
5084. Administration and coordination.
than new departments or offices.
5085. Availability of appropriations.
169
168
42 $ 49..
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
3
4992 and 5084 of this title, and amended pro-
Short Title. Section I of Pub.L. 93-113
Cross References
visions set out as a note under section 4955 of
provided: "That this Act [which enacted this
this title] may be cited as the 'Domestic Vol-
chapter, amended former section 3067 of this
Agreements between states and Secretary to entitle students to receive federal interest subsidy
unteer Service Act Amendments of 1979'."
title and section 8332(b)(7) of Title 5, Gov.
payments where Secretary determines student loan insurance program provides for non-
payment of principal but accrual of interest for not in excess of three years during which
Short Title of 1976 Amendment. Pub.L.
ernment Organization and Employees, and
borrower is full-time volunteer under this chapter, see section 1078 of Title 20, Educa-
94-293, § 1, May 27, 1976, 90 Stat. 525, pro-
repealed sections 2991, 2992 to 2992b, 2993
vided: "That this Act [enacting sections 4958
to 2993b, 2994 to 2994d, and 3044 to 3044e
tion.
and 4993 of this title, amending sections
of this title, and enacted provisions set out as
Insurability of low-interest loans to students in institutions of higher education evidenced by
4974, 4992, 5011, 5042, 5045, 5081, 5083, and
notes under this section and section 5041 of
written agreements providing for nonpayment of principal but accrual of interest for not
in excess of three years during which borrower is in service as full-time volunteer under
5084 of this title, repealing section 5053 of
this title] may be cited as the 'Domestic Vol-
this chapter, see section 1077 of Title 20.
this title, and enacting provision set out as a
unteer Service Act of 1973'."
Loan principal and interest repayments on direct loans to institutions of higher education not
note under section 4958 of this title] may be
Legislative History. For legislative history
required for full-time volunteers under this chapter, see section 1087dd of Title 20.
cited as the 'Domestic Volunteer Service Act
and purpose of Pub.L. 93-113, see 1973 U.S.
State plan for provision of services for persons with developmental disabilities required to pro-
Amendments of 1976'."
Code Cong. and Adm.News, p. 2155.
vide for use of volunteers under this chapter, see section 6063 of this title.
Library References
SUBCHAPTER I-NATIONAL VOLUNTEER
Social Security and Public Welfare 5.
C.J.S. Social Security and Public Welfare
United States @82(4).
§§ 6, 7.
ANITPOVERTY PROGRAMS
C.J.S. United States § 122.
Cross References
Insurability of loans to graduate students in health professions schools evidenced by written
§ 4952. Authority to operate Vista program
agreements providing for nonpayment of principal but accrual of interest for not in ex-
The Director may recruit, select, and train persons to serve in full-time
cess of three years during which borrower is in service as full-time volunteer under this
volunteer programs consistent with the provisions and to carry out the pur-
subchapter, see section 294d of this title.
pose of this part.
PART A-VOLUNTEERS IN SERVICE TO AMERICA
(Pub.L. 93-113, Title I, § 102, Oct. 1, 1973, 87 Stat. 396.)
Historical Note
Cross References
Period of service of full-time volunteer in one-year program under this part as creditable period
Legislative History. For legislative history
of civil service employment, see section 8332 of Title 5, Government Organization and
and purpose of Pub.L. 93-113, see 1973 U.S.
Code Cong. and Adm.News, p. 2155.
Employees.
§
4951. Congressional statement of purpose
§ 4953. Assignment of volunteers
This part provides for the Volunteers in Service to America (VISTA) pro-
(a) Programs or projects for Indians, migratory and seasonal farmworkers and their
families, residents of certain areas, mentally III, developmentally disabled, and
gram of full-time volunteer service, together with appropriate powers and
other handicapped individuals, and persons eligible for assistance under
responsibilities designed to assist in the development and coordination of
this chapter or for economic opportunity assistance
such program. The purpose of this part is to strengthen and supplement
The Director, upon request of Federal, State, or local agencies, or private
efforts to eliminate poverty and poverty-related human, social, and environ-
nonprofit organizations, may assign such volunteers to work in the several
mental problems in the United States by encouraging and enabling persons
from all walks of life and all age groups, including elderly and retired Amer-
States in appropriate projects and programs-
icans, to perform meaningful and constructive volunteer service in agencies,
(1) in meeting the health, education, welfare, or related needs of In-
institutions, and situations where the application of human talent and dedi-
dians living on reservations or Federal trust lands, of migratory and
cation may assist in the solution of poverty and poverty-related problems
seasonal farmworkers and their families, and of residents of the District
and secure and exploit opportunities for self-advancement by persons afflict-
of Columbia, the Commonwealth of Puerto Rico, Guam, American Sa-
ed with such problems.
moa, or the Virgin Islands;
(Pub.L. 93-113, Title I, § 101, Oct. 1, 1973, 87 Stat. 396.)
(2) in the care and rehabilitation of mentally ill, developmentally dis-
abled, and other handicapped individuals, especially those with severe
Historical Note
handicaps, under the supervision of nonprofit institutions or facilities;
Short Title of 1979 Amendment. Pub.L.
sections 4953, 4955, 4958, 4973, 4974, 4992,
and
96-143, § 1, Dec. 13, 1979, 93 Stat. 1074,
5021, 5043, 5044, 5050, 5055, 5057, 5058,
5060, 5081, and 5084 of this title, enacted
(3) in connection with programs or activities authorized, supported,
provided: "That this Act [which enacted sec-
tions 5063 and 5064 of this title, amended
provisions set out as notes under sections
or of a character eligible for assistance under this chapter or the Eco-
170
171
CH. 66 DOMESTIC VOLUNTEER SERVICES
54
42 § 49.
PUBLIC HEALTH AND WELFARE
nomic Opportunity Act of 1964, as amended [42 U.S.C.A. § 2701 et
Historical Note
seq.] in furtherance of the purpose of this subchapter.
References in Text. This chapter, referred
visions that the Director offer to provide each
to in subsec. (a)(3), in the original read "this
volunteer enrolled for a period of full-time
Act" meaning Pub.L. 93-113, Oct. 1, 1973,
service of not less than one year under this
(b) Home community services of teams of low-income community vol-
87 Stat. 396, known as the Domestic Volun-
subchapter, and, upon the request of such
unteers and nationally recruited specialist volunteers; Individual
teer Service Act of 1973, which enacted this
volunteer, provide such volunteer with an in-
plans for low-Income community volunteers; updating
and review of Individual plans
chapter, amended section 3067 of this title
dividual and updated plan as described in the
and section 8332 of Title 5, Government Or-
preceding two sentences.
The Director, wherever feasible and appropriate, shall assign low-income
ganization and Employees, repealed sections
2991, 2992 to 2992b, 2993 to 2993b, 2994 to
Subsec. (d). Pub.L. 96-143, § 2(b), insert-
community volunteers to serve in their home communities in teams with
2994d, and 3044 to 3044e of this title, and en-
ed "in a program or project" following
nationally recruited specialist volunteers. Not later than 30 days after the
acted provisions set out as notes under sec-
"work" and "or project" following "pro-
assignment of any such community volunteer, the Director shall insure that
tions 4951 and 5041 of this title.
gram" and added provisions requiring notifi-
each such volunteer is provided an individual plan designed to provide an
cation by a Governor or other chief executive
The Economic Opportunity Act of 1964,
opportunity for job advancement or for transition to a situation leading to
officer to the Director that such Governor or
referred to in subsec. (a)(3), is Pub.L. 88-452,
other chief executive officer has disapproved
gainful employment. One hundred and twenty days prior to the completion
Aug. 20, 1964, 78 Stat. 508, as amended,
a program or project under this section and
of such community volunteer's term of service, the Director shall insure that
which was classified generally to chapter 34
requiring the Director to terminate a program
such plan is updated and reviewed with the volunteer. The Director shall
(section 2701 et seq.) of this title prior to re-
or project under this section in the event of a
offer to provide each volunteer enrolled for a period of full-time service of
peal, except for Titles VIII and X, by Pub.L.
timely request by the Governor or other chief
97-35, Title VI, § 683(a), Aug. 13, 1981, 95
not less than one year under this subchapter, and, upon the request of such
executive officer not later than 30 days after
Stat. 519. Titles VIII and x of the Act are
the date such request is received or at such
volunteer, provide such volunteer with an individual and updated plan as
classified generally to subchapters VIII (sec-
date agreed upon by the Director and such
described in the preceding two sentences.
tion 2991 et seq.) and X (section 2996 et seq.)
Governor or other chief executive officer.
of chapter 34 of this title. For complete clas-
sification of this Act to the Code, see Tables
Legislative History. For legislative history
volume.
(c) Terms and conditions; restrictions on political
and purpose of Pub.L. 93-113, see 1973 U.S.
activities; place of service
1979 Amendment. Subsec. (b). Pub.L.
Code Cong. and Adm.News, p. 2155. See,
96-143, § 2(a), substituted "Not later than
also, Pub.L. 96-143, 1979 U.S.Code Cong.
Except as provided in subsection (d) of this section, the assignment of
30 days after" for "Prior to" and added pro-
and Adm.News, p. 2183.
volunteers under this section shall be on such terms and conditions (includ-
ing restrictions on political activities that appropriately recognize the special
status of volunteers living among the persons or groups served by programs
§
4954.
Terms and periods of service
to which they have been assigned) as the Director may determine, including
work assignments in their own or nearby communities.
(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 human, so-
(d) Program or project submittal to Governor; commencement
cial, and environmental problems. To the maximum extent practicable, this
and termination of service
shall include a commitment to live among and at the economic level of the
Volunteers under this part shall not be assigned to duties or work in a
people served, and to remain available for service without regard to regular
program or project in any State unless such program or project has been
working hours, at all times during their periods of service, except for au-
submitted to the Governor or other chief executive officer of the State con-
thorized periods of leave.
cerned, and such Governor or other chief executive officer has not, within
45 days of the date of such submission, notified the Director in writing,
(b) Minimum period of service; critical scarce-skill needs
supported by a statement of reasons, that such Governor or other chief ex-
exception; reenrollment; limitation
ecutive officer disapproves such program or project. In the event of a time-
ly request in writing, supported by a statement of reasons, by the Governor
Volunteers serving under this part may be enrolled for periods of service
or other chief executive officer of the State concerned, the Director shall
not exceeding two years, but for not less than one-year periods of service,
terminate a program or project or the assignment of a volunteer to a pro-
except that volunteers serving under this part may be enrolled for periods of
gram or project not later than 30 days after the date such request is received
service of less than one year when the Director determines, on an individual
by the Director, or at such later date as is agreed upon by the Director and
basis, that a period of service of less than one year is necessary to meet a
such Governor or other chief executive officer.
critical scarce-skill need. Volunteers serving under this part may be reen-
rolled for periods of service totaling not more than two years. No volunteer
(Pub.L. 93-113, Title I, § 103, Oct. 1, 1973, 87 Stat. 396; Pub.L. 96-143, § 2, Dec.
shall serve for more than a total of five years under this part.
13, 1979, 93 Stat. 1074.)
173
172
42 § 49.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
6
stipend, or any part of the accrued stipend, may be paid to the volunteer, or,
(c) Oath or affirmation
on behalf of the volunteer, to members of the volunteer's family or others
Volunteers under this part shall, upon enrollment, take the oath of office
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
as prescribed in section 2504(j) of Title 22, except that persons legally resid-
accordance with the provisions of section 5582 of Title 5.
ing 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
(b) Description of allowances and support services
Director determines that the service of such persons will further the inter-
ests of the United States. Such persons shall take such alternative oath or
The Director shall also provide volunteers such living, travel (including
affirmation as the Director shall deem appropriate.
travel to and from places of training), and leave allowances, and such hous-
ing, supplies, equipment, subsistence, clothing, health and dental care, trans-
(d) Grievance and personal view presentation procedure;
portation, supervision, technical assistance, and such other support as he
notice and hearing; information
deems necessary and appropriate to carry out the purpose and provisions of
The Director shall establish a procedure, including notice and opportunity
this part, and shall insure that each such volunteer has available such al-
to be heard, for volunteers under this part to present and obtain resolution
lowances and support as will enable the volunteer to carry out the purpose
of grievances and to present their views in connection with the terms and
and provisions of this part. and to effectively perform the work to which
conditions of their service. The Director shall promptly provide to each
such volunteer is assigned.
volunteer in service on October 1, 1973, and to each such volunteer begin-
(Pub.L. 93-113, Title I, § 105, Oct. 1, 1973, 87 Stat. 398; Pub.L. 94-130, § 5(a),
ning service thereafter, information regarding such procedure and the terms
Nov. 14, 1975, 89 Stat. 684; Pub.L. 96-143, § 3, Dec. 13, 1979, 93 Stat. 1074.)
and conditions of their service.
Historical Note
(Pub.L. 93-113, Title I, § 104, Oct. 1, 1973, 87 Stat. 397.)
1979 Amendment. Subsec. (a)(2). Pub.L.
Pub.L. 96-143, § 17, Dec. 13, 1979, 93 Stat.
Historical Note
96-143 substituted "under such circum-
1082, provided that: "There are authorized
stances as the Director shall determine, in ac-
to be appropriated, in addition to the sums
Legislative History. For legislative history
cordance with regulations which the director
authorized to be appropriated pursuant to
and purpose of Pub.L. 93-113, see 1973 U.S.
shall prescribe, the accrued stipend, or any
section 501 of such Act [section 5081 of this
Code Cong. and Adm.News, p. 2155.
part of the accrued stipend, may be paid to
title], such additional sums as may be neces-
the volunteer, or, on behalf of the volunteer,
sary to carry out the amendments made by
Code of Federal Regulations
to members of the volunteer's family or
subsection (a) of this section [to subsec. (a)(1)
others during the period of the volunteer's
of this section]."
VISTA volunteers, procedures applicable, see 45 CFR 1218.1 et seq.
Volunteer grievance procedure, see 45 CFR 1211.1-1 et seq.
service" for "in extraordinary circumstances
Legislative History. For legislative history
the Director may from time to time advance
and purpose of Pub.L. 93-113, see 1973 U.S.
all or a portion of the accrued stipend to or
Code Cong. and Adm.News, p. 2155. See,
§ 4955. Support services
on behalf of a volunteer".
also, Pub.L. 94-130, 1975 U.S.Code Cong.
1975 Amendment. Subsec. (a)(1). Pub.L.
and Adm.News, p. 1214; Pub.L. 96-143,
(a) Stipend; limitation; volunteer leaders; payment upon completion of
94-130 substituted "shall not exceed $75" for
1979 U.S.Code Cong. and Adm.News, p.
term; advancement of accrued stipend; beneficiary
"shall not exceed $50".
2183.
of deceased volunteer
Additional Appropriations Authorization.
(1) The Director may provide a stipend to volunteers, while they are in
Section 5(b) of Pub.L. 94-130, as amended by
training and during their assignments, enrolled for periods of service of not
Code of Federal Regulations
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 en-
VISTA volunteer leaders, qualifications, etc., see 45 CFR 1217.1 et seq.
rolled under this part for an extended period of service not totaling one
year. Such stipend shall not exceed $75 per month during the volunteer's
§ 4956. Participation of program beneficiaries
service, except that the Director may provide a stipend not to exceed $75
per month in the case of persons who have served for at least one year and
To the maximum extent practicable, the people of the communities to be
who, in accordance with standards established in regulations which the Di-
served by volunteers under this subchapter shall participate in planning, de-
rector shall prescribe, have been designated volunteer leaders on the basis of
veloping, and implementing programs thereunder, and the Director, after
experience and special skills and a demonstrated leadership among volun-
consultation with sponsoring agencies (including volunteers assigned to
them) and the people served by such agencies, shall take all necessary steps
teers.
to establish, in regulations he shall prescribe, a continuing mechanism for
(2) Stipends shall be payable only upon completion of a period of service,
the meaningful participation of such program beneficiaries.
except that under such circumstances as the Director shall determine, in
accordance with regulations which the Director shall prescribe, the accrued
(Pub.L. 93-113, Title I, § 106, Oct. 1, 1973, 87 Stat. 398.)
175
174
42 § 495
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
Historical Note
supporting volunteers unless the recipient of each such grant or contract has
been selected through a competitive process which includes—
Legislative History. For legislative history
and purpose of Pub.L. 93-113, see 1973 U.S.
(1) public announcements of the availability of funds for such grants
Code Cong. and Adm.News, p. 2155.
or contracts, general criteria for the selection of new recipients, and a
description of the application process and the application review pro-
Code of Federal Regulations
cess; and
Participation requirements, see 45 CFR 1222.1 et seq.
(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
§
4957. Participation of older persons
of this part, the particular poverty or poverty-related human, social, or
In carrying out this part and part C of this subchapter, the Director shall
environmental problems on which the grant or contract will focus, and
take necessary steps, including the development of special projects, where
any such grant or contract shall specifically so identify such problems.
appropriate, to encourage the fullest participation of older persons and older
(Pub.L. 93-113, Title I, § 108, as added Pub.L. 94-293, § 4(a)(1), May 27, 1976, 90
persons membership groups as volunteers and participant agencies in the
Stat. 525, and amended Pub.L. 96-143, § 4, Dec. 13, 1979, 93 Stat. 1075.)
various programs and activities authorized under such parts and, because of
Historical Note
the high proportion of older persons within the poverty group, shall en-
courage the development of a variety of volunteer services to older persons,
1979 Amendment. Subsec. (a). Pub.L.
this section [enacting this section and amend-
including special projects, to assure that such persons are served in propor-
96-143, § 4, designated existing provisions as
ing section 5042 of this title, respectively]
subsec. (a) and, in subsec. (a) as so designat-
shall be effective on October 1, 1976, and
tion to their need.
ed, substituted "16" for "20", inserted "Dur-
shall not apply to any agreement for the as-
(Pub.L. 93-113, Title I, § 107, Oct. 1, 1973, 87 Stat. 399.)
ing the fiscal year ending September 30,
signment of volunteers entered into before
1980", and added pars. (1) and (2).
such date during the period of any such
Subsec. (b). Pub.L. 96-143, § 4(b), added
agreement."
Historical Note
subsec. (b).
Legislative History. For legislative history
Legislative History. For legislative history
Effective Date. Section 4(c) of Pub.L.
and purpose of Pub.L. 96-143, see 1979 U.S.
94-293 provided that: "The amendments
Code Cong. and Adm.News, p. 2183.
and purpose of Pub.L. 93-113, see 1973 U.S.
Code Cong. and Adm.News, p. 2155.
made by subsection (a) and subsection (b) of
PART B-SERVICE-LEARNING PROGRAMS
§
4958. Limitation on funds appropriated for grants and con-
tracts for direct cost of supporting volunteers in pro-
Cross References
Period of service of full-time volunteer in one-year program under this part as creditable period
grams or projects
of civil service employment, see section 8332 of Title 5, Government Organization and
(a) Of funds appropriated for the purpose of this part under section 5081
Employees.
of this title, not more than 16 per centum for the fiscal year ending Septem-
ber 30, 1977, and for each fiscal year thereafter, may be obligated for the
§
4971.
Congressional statement of purpose
direct cost of supporting volunteers in programs or projects carried out pur-
suant to grants and contracts made under section 5042(12) of this title.
This part provides for the University Year for ACTION (UYA) program
During the fiscal year ending September 30, 1980-
of full-time volunteer service by students enrolled in institutions of higher
education, together with approporiate powers and responsibilities designed
(1) in no event may in excess of $5,800,000 be used pursuant to
to assist in the development and coordination of such programs. The pur-
grants and contracts under this part for the direct cost of supporting
pose of this part is to strengthen and supplement efforts to eliminate poverty
such volunteers; and
and poverty-related human, social, and environmental problems by enabling
(2) funds obligated pursuant to such grants and contracts for such
students at such cooperating institutions to perform meaningful and con-
cost may be used to support no greater number of years of volunteer
structive volunteer service in connection with the satisfaction of such stu-
service than the number of such years supported during the fiscal year
dents' course work during their periods of service while attending such insti-
ending September 30, 1979, pursuant to grants and contracts for such
tutions, in agencies, institutions, and situations where the application of
human talent and dedication may assist in the solution of poverty and pov-
cost.
erty-related problems and secure and exploit opportunities for self-advance-
(b) No funds shall be obligated under this part pursuant to grants or con-
ment by persons afflicted with such problems. Its purpose further is to
tracts made after December 13, 1979, for new projects for the direct cost of
encourage other students and faculty members to engage, on a part-time,
176
177
42 § 49%
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
3
self-supporting basis, in such volunteer service and work along with volun-
part may receive academic credit for such service in accordance with the
teers serving under this part; and to promote participation by such institu-
regulations of the sponsoring institution of higher education.
tions in meeting the needs of the poor in the surrounding community
through expansion of service-learning programs and otherwise. Its purpose
(b) Participation of student volunteers and educational institutions
further is to provide for a program of part-time or short-term service-
Grants to and contracts with institutions to administer programs under
learning by secondary and post-secondary school students to strengthen and
this part shall provide that prospective student volunteers shall participate
supplement efforts to eliminate poverty and poverty-related human, social,
substantially in the planning of such programs and that such institutions
and environmental problems.
shall make available to the poor in the surrounding community all available
(Pub.L. 93-113, Title I, § 111, Oct. 1, 1973, 87 Stat. 399.)
facilities, including human resources, of such institutions in order to assist in
meeting the needs of such poor persons.
Historical Note
Legislative History. For legislative history
(c) Financial assistance limitation; commitment stipulations; monitoring of
and purpose of Pub.L. 93-113, see 1973 U.S.
compliance with commitment; compliance information to Secretary
Code Cong. and Adm.News, p. 2155.
(1) In making grants or contracts for the administration of UYA pro-
grams under this part, the Director shall insure that financial assistance un-
Library References
der this chapter to programs carried out pursuant to section 4972 of this
Social Security and Public Welfare 05.
C.J.S. Social Security and Public Welfare
title shall not exceed 90 per centum of the total cost (including planning
United States 82(4).
§§ 6, 7.
C.J.S. United States § 122.
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 deter-
mine for not more than four additional years, including years in which sup-
§ 4972.
Authority to operate University Year for ACTION pro-
port was received under title VIII of the Economic Opportunity Act of
gram; institutional benefits affecting stipend for volun-
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
teers
increasing proportion of the cost of continuing a program carrying out the
Except as otherwise provided in this part, the Director is authorized to
purpose of this part while the institution receives support under this part;
conduct or make grants and contracts for, or both, programs to carry out
(B) waive or otherwise reduce tuition for participants in such program,
the purposes of this part in accordance with the authorities and subject to
where such waiver is not prohibited by law; (C) utilize students and faculty
the restrictions in the provisions of part A of this subchapter, except for the
at such institution to carry out, on a self-supporting basis, appropriate plan-
provisions of sections 4953(d) and 4954(d) of this title, and except that the
ning for such programs; and (D) maintain similar service-learning programs
Director may, in accordance with regulations he shall prescribe, determine
after such institution no longer receives support under this part.
to reduce or eliminate the stipend for volunteers serving under this part on
(2) The Director shall take necessary steps to monitor the extent of com-
the basis of the value of benefits provided such volunteers by the institution
pliance by such institutions with commitments entered into under paragraph
in question (including the reduction or waiver of tuition).
(1) of this subsection and shall advise the Secretary of Health and Human
(Pub.L. 93-113, Title I, § 112, Oct. 1, 1973, 87 Stat. 399.)
Services of the extent of each such institution's compliance.
(Pub.L. 93-113, Title I, § 113, Oct. 1, 1973, 87 Stat. 399; Pub.L. 96-143, § 5, Dec.
Historical Note
13, 1979, 93 Stat. 1075; Pub.L. 97-35, Title VI, § 608(f)(1), Aug. 13, 1981, 95 Stat.
Legislative History. For legislative history
488.)
and purpose of Pub.L. 93-113, see 1973 U.S.
Code Cong. and Adm.News, p. 2155.
Historical Note
References in Text. This chapter, referred
The Economic Opportunity Act of 1964, as
to in subsec. (c)(1), in the original read "this
amended, referred to in subsec. (c)(1), is Pub.
$ 4973. Special conditions
Act" meaning Pub.L. 93-113, Oct. 1, 1973,
L. 88-452, Aug. 20, 1964, 78 Stat. 508, as
(a) Academic credit
87 Stat. 396, known as the Domestic Volun-
amended. Title VIII of such Act probably
teer Service Act of 1973, which enacted this
means Title VIII of Pub.L. 88-452 as added
Volunteers serving under this part shall be enrolled for periods of service
chapter, amended section 3067 of this title
by Pub.L. 89-794, Title VIII, § 801, Nov. 8,
as provided for in subsection (b) of section 4954 of this title, except that
and section 8332 of Title 5, Government Or-
1966, 80 Stat. 1472, and generally revised and
volunteers serving in the University Year for ACTION program may be
ganization and Employees, repealed sections
amended by Pub.L. 90-222, Title I, $ 110,
2991, 2992 to 2992b, 2993 to 2993b, 2994 to
Dec. 23, 1967, 81 Stat. 722, which was classi-
enrolled for periods of service of not less than the duration of an academic
2994d, and 3044 to 3044e of this title, and en-
fied generally to subchapter VIII (section
year, but volunteers enrolled for less than 12 months shall not receive sti-
acted provisions set out as notes under sec-
2991 et seq.) of chapter 34 of this title. Title
pends under section 4955(a)(1) of this title. Volunteers serving under this
tions 4951 and 5041 of this title.
VIII of the Economic Opportunity Act of
178
179
CH. 66 DOMESTIC VOLUNTEER SERVICES
4
42 § 49,
PUBLIC HEALTH AND WELFARE
1964 as so added and amended was repealed
program may be enrolled for periods of ser-
PART C-SPECIAL VOLUNTEER PROGRAMS
by Pub.L. 93-113, Title VI, § 603, and its
vice of not less than the duration of an aca-
provisions are now covered by this chapter.
demic year, but volunteers enrolled for less
For complete classification of this Act to the
than 12 months shall not receive stipends un-
Cross References
Code, see Short Title note set out under sec-
der section 4955(a)(1) of this title. Volun-
Period of service of full-time volunteer in one-year program under this part as creditable period
tion 2701 of this title and Tables volume.
teers serving under this part" for "and".
of civil service employment, see section 8332 of Title 5, Government Organization and
1981 Amendment. Subsec. (c)(2). Pub.L.
Legislative History. For legislative history
Employees.
97-35 substituted reference to Secretary of
and purpose of Pub.L. 93-113, see 1973 U.S.
Health and Human Services, for reference to
Code Cong. and Adm.News, p. 2155. See,
Secretary of Health, Education, and Welfare.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
$
4991. Congressional statement of purpose
and Adm.News, p. 2183; Pub.L. 97-35, 1981
1979 Amendment. Subsec. (a). Pub.L.
U.S.Code Cong. and Adm.News, p. 396.
This part provides for special emphasis and demonstration volunteer pro-
96-143 substituted "except that volunteers
grams, together with appropriate powers and responsibilities designed to as-
serving in the University Year for ACTION
sist 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
§
4974. Special service-learning programs
human, social, and environmental needs, particularly those related to pover-
ty, by encouraging and enabling persons from all walks of life and from all
age groups to perform meaningful and constructive volunteer service in
(a) Authority of Director to grant and contract
agencies, institutions, and situations where the application of human talent
The Director is authorized to make grants and contracts for projects and
and dedication may help to meet such needs.
programs which encourage and enable students in secondary, secondary vo-
(Pub.L. 93-113, Title I, § 121, Oct. 1, 1973, 87 Stat. 400.)
cational, and post-secondary schools to participate in service-learning pro-
grams on an in-school or out-of-school basis in assignments of a character
Historical Note
and on such terms and conditions as are described in subsections (a) and (c)
Legislative History. For legislative history
of section 4953 of this title.
and purpose of Pub.L. 93-113, see 1973 U.S.
Code Cong. and Adm.News, p. 2155.
(b) Federal employee status prohibition
Library References
Persons serving as volunteers under this section shall not be deemed to be
Social Security and Public Welfare as.
C.J.S. Social Security and Public Welfare
Federal employees for any purpose.
United States 82(4).
§§ 6, 7.
C.J.S. United States § 122.
(c) Living and other support or allowances
The Director may provide volunteers serving under this section a living
§
4992. Authority to establish and operate special volunteer
allowance and only such other support or allowances as he determines, pur-
programs or demonstration programs
suant to regulations which he shall prescribe, are required because of un-
(a) Youthful offender incarceration alternatives; veterans educational opportunities;
usual or special circumstances affecting the program.
drug abusers counseling; assistance to victims of domestic violence; periods
(Pub.L. 93-113, Title I, § 114, Oct. 1, 1973, 87 Stat. 400; Pub.L. 94-293, § 2, May
of service; identification of segments of poverty community which
could benefit from volunteer and other antipoverty efforts
27, 1976, 90 Stat. 525; Pub.L. 96-143, § 6, Dec. 13, 1979, 93 Stat. 1075; Pub.L.
97-35, Title VI, § 608(a), Aug. 13, 1981, 95 Stat. 487.)
(1) The Director is authorized to conduct or make grants or contracts, or
both, for special volunteer programs in urban and rural areas or demonstra-
Historical Note
tion programs (such as but not limited to a program to provide alternatives
propriated in any fiscal year for the purposes
to the incarceration of youthful offenders; a program to promote education-
1981 Amendment. Subsec. (a). Pub.L.
97-35 substituted provisions relating to au-
of the University Year for ACTION exceed-
al opportunities for veterans; a program to provide community-based peer
thority of Director to make grants and con-
ing $6,700,000.
group outreach and counseling for drug abusers, a program of assistance to
tracts, for provisions relating to limitation on
Legislative History. For legislative history
victims of domestic violence, a program to provide technical and manage-
financial assistance for programs and projects
and purpose of Pub.L. 93-113, see 1973 U.S.
ment assistance to distressed communities, a program designed to provide
under section 4953(a) and (c) of this title.
Code Cong. and Adm.News, p. 2155. See,
1979 Amendment. Subsec. (a). Pub.L.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
personal and group financial counseling to low-income and fixed-income in-
and Adm.News, p. 2183; Pub.L. 97-35, 1981
dividuals (utilizing volunteers with specialized or technical expertise), and a
96-143 substituted "22" for "10" and
"$4,000,000" for "$6,700,000".
U.S.Code Cong. and Adm.News, p. 396.
Helping Hand program) designed to stimulate and initiate improved meth-
ods of providing volunteer services, to encourage wider volunteer participa-
1976 Amendment. Subsec. (a). Pub.L.
94-293 added provisions relating to funds ap-
tion on a full-time, part-time, or short-term basis to further the purpose of
181
180
42 § 495.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
this part, and to identify particular segments of the poverty community
visions are applied to the service of volunteers enrolled under such part
which could benefit from volunteer and other antipoverty efforts. In carry-
A.
ing out programs authorized by this part, the Director is authorized to pro-
(Pub.L. 93-113, Title I, § 122, Oct. 1, 1973, 87 Stat. 401; Pub.L. 94-293, § 3(a),
vide for the recruitment, selection, and training of volunteers.
May 27, 1976, 90 Stat. 525; Pub.L. 96-143, § 7(a)-(c), Dec. 13, 1979, 93 Stat. 1075,
1076.)
(2) For purposes of this subsection, the term "Helping Hand" program
means a program utilizing person-to-person services to reduce the necessity
Historical Note
for institutionalization (in hospitals, mental institutions, nursing homes, oth-
1979 Amendment. Subsec. (a). Pub.L.
rector to undertake and support volunteer
er extended-care settings, and other facilities) and to ameliorate residential
96-143, 7(a), (b), designated existing provi-
service programs, and recruit, etc., volunteers
isolation (through senior centers, half-way house facilities, and other resi-
sions as par. (1) and, in par. (1) as so desig-
to carry out this part.
nated, inserted "in urban and rural areas" fol-
dential settings) of older persons, handicapped persons, and other affected
Report on Programs, Activities, Grants,
lowing "volunteer programs" and ", a
and Contracts Resulting from Amendment by
persons, stressing interactions between persons from various age groups,
program of assistance to victims of domestic
Section 7 of Pub.L. 96-143. Section 7(d) of
particularly young and old, and carried out in coordination with the appro-
violence, a program to provide technical and
Pub.L. 96-143 provided that: "Not later than
priate State system for the protection and advocacy of the rights of persons
management assistance to distressed commu-
18 months after funds are first made available
with developmental disabilities established pursuant to section 6012 of this
nities, a program designed to provide personal
to carry out activities under the amendments
and group financial counseling to low-income
to part C of title I of the Act [this part] made
title.
and fixed-income individuals (utilizing volun-
by this section, the Director of the ACTION
teers with specialized or technical expertise),
Agency shall submit to the appropriate com-
and a Helping Hand program" following
mittees of the Congress a report on programs,
(b) Assignment of volunteers; terms and conditions
"drug abusers", added provisions authorizing
activities, grants, and contracts so carried out,
the Director to provide for the recruitment,
including a description of all programs estab-
Except as provided in subsection (c) of this section, assignment of volun-
selection, and training of volunteers in carry-
lished and contracts and grants made under
teers under this section shall be on such terms and conditions as the Direc-
ing out programs authorized by this part, and
such amended provisions, the amounts of
added par. (2).
funds obligated for such programs, activities,
tor shall determine, pursuant to regulations which he shall prescribe.
Subsec. (c). Pub.L. 96-143, § 7(c), added
grants, and contracts under such amended
provisions permitting support payments to
provisions, and the specific arrangements for
part-time volunteers enrolled for at least 20
the conduct of evaluations of such programs,
(c) Allowances, supports, services, and stipends for
hours of service per week for at least 26 con-
activities, grants, and contracts pursuant to
part-time and full-time volunteers
secutive weeks and provisions applying sec-
section 417 of the Act [section 5057 of this
tions 4953(b), (d), 4954(d), and 4955(a) of
title]."
(1) The Director, in accordance with regulations which the Director shall
this title to full-time full-year volunteers
Legislative History. For legislative history
prescribe, may provide to volunteers enrolled for periods of part-time service
whose service is similar in character to that of
and purpose of Pub.L. 93-113, see 1973 U.S.
VISTA volunteers.
of not less than 20 hours per week for not less than 26 consecutive weeks
Code Cong. and Adm.News, p. 2155. See,
under this part such allowances, support, and services as are described in
1976 Amendment. Subsec. (c). Pub.L.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
94-293 added provision authorizing the Di-
and Adm.News, p. 2183.
section 4955(b) of this title and as the Director determines are necessary to
carry out the purpose of this part, and shall apply the provisions of sections
EXECUTIVE ORDER NO. 12034
4954(c) and 4955(b) of this title to the service of volunteers enrolled for full-
Jan. 10, 1978, 43 F.R. 1917
time service under this part.
APPOINTMENT OF FORMER ACTION COOPERATIVE VOLUNTEERS
TO THE CIVILIAN CAREER SERVICE
(2) The Director, in accordance with regulations which the Director shall
prescribe with respect to volunteers enrolled for periods of full-time service
By virtue of the authority vested in me by
rolled as a Volunteer in such program prior
Sections 3301 and 3302 of Title 5 of the Unit-
to October 1, 1976, shall be eligible for non-
of not less than one year under this part-
ed States Code [Sections 3301 and 3302 of Ti-
competitive appointment to the Civilian Ca-
tle 5, Government Organization and Employ-
reer Service in the same manner as that pro-
(A) may provide to such volunteers such stipends, in total amounts
ees], and as President of the United States of
vided for Peace Corps Volunteers by
not in excess of stipends provided under section 4955(a) of this title to
America, it is hereby ordered as follows:
Executive Order No. 11103 of April 10, 1963
volunteers serving under part A of this subchapter, as the Director de-
Section 1. Any person who is certified by
[set out as a note under section 2504 of Title
termines are necessary to carry out the purpose of this part; and
the Director of ACTION as having served
22, Foreign Relations and Intercourse].
satisfactorily as a full-time ACTION Com-
Sec. 2. This Order shall be effective 60
(B) to the extent that the terms and conditions of the service of such
munity Volunteer (including Criminal Justice
days after the date of signature and its appli-
volunteers are of similar character to the terms and conditions of the
Volunteers, Volunteers in Justice, and
cability to persons who have completed their
VETREACH Volunteers) for a period of ser-
volunteer service on or before that date shall
service of volunteers enrolled under part A of this subchapter, shall
vice of at least one year under Part C of Title
begin on such effective date.
apply to the service of such volunteers enrolled under this part the pro-
I of the Domestic Volunteer Service Act of
JIMMY CARTER
visions of sections 4953(b) relating to low-income community volun-
1973 (Public Law 93-113) [Part C of sub-
teers, 4953(d), 4954(d), and 4955(a) of this title to the extent such pro-
chapter I of this chapter], and who was en-
183
182
42 § 4.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
projects involving the construction, operation, or maintenance of so
Code of Federal Regulations
much of any facility used or to be used for sectarian instruction or as a
ACTION Cooperative Volunteer Program, policies, etc., see 45 CFR 1213.1-1 et seq.
place for religious worship;
(3) the program includes such short-term training as may be necessa-
§ 4993. Technical and financial assistance to Federal agencies,
Γy to make the most effective use of the skills and talents of participat-
etc., for improvement of volunteer programs; purposes
ing volunteers and individuals, and provide for the payment of the rea-
sonable expenses of such volunteers while undergoing such training;
and methods of assistance
and
The Director may provide technical and financial assistance to Federal
agencies, State and local governments and agencies, and private nonprofit
(4) the program is being established and will be carried out with the
organizations, which utilize or desire to utilize volunteers in connection with
advice of persons competent in the field of service involved, and of per-
sons with interest in and knowledge of the needs of older persons.
carrying out the purpose of this part. Such assistance may be used to facili-
tate and improve (1) methods of recruiting, training, or utilizing volunteers,
(b) Proportion of required local contribution; exceptions
or (2) the administration of volunteer programs. In providing such techni-
cal and financial assistance, the Director shall utilize, to the maximum ex-
In no event shall the required proportion of the local contribution (includ-
tent feasible, existing programs, and shall seek to avoid duplication of ex-
ing in-kind contributions) for a grant or contract made under this section be
isting programs in the public or private sectors.
more than 10 per centum in the first year of assistance under this section, 20
(Pub.L. 93-113, Title I, § 123, as added Pub.L. 94-293, § 3(b)(1), May 27, 1976, 90
per centum in the second such year, 30 per centum in the third such year,
40 per centum in the fourth such year, and 50 per centum in any subsequent
Stat. 525.)
such years: Provided, however, That the Director may make exceptions in
SUBCHAPTER II-NATIONAL OLDER AMERICAN
cases of demonstrated need, determined (in accordance with regulations
which the Director shall prescribe) on the basis of the financial capability of
VOLUNTEER PROGRAMS
a particular recipient of assistance under this section, to permit a lesser local
contribution proportion than any required contribution proportion estab-
Cross References
lished by the Director in generally applicable regulations.
Cooperation between Commissioner of Administration on Aging under Older Americans Act
of 1965 and Director of ACTION agency, see section 3013 of this title.
(c) Conditions upon award of grant or contract
PART A-RETIRED SENIOR VOLUNTEER PROGRAM
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
§
5001. Grants and contracts for volunteer service projects
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
(a) Approval of programs; rules and regulations
afforded at least forty-five days in which to review the project application
In order to help retired persons to avail themselves of opportunities for
and make recommendations thereon.
volunteer service in their community, the Director is authorized to make
grants to State agencies (established or designated pursuant to section
(d) Volunteer service as employment
3025(a)(1) of this title) or grants to or contracts with other public and non-
Notwithstanding any other provision of law, volunteer service under this
profit private agencies and organizations to pay part or all of the costs for
part shall not be deemed employment for any purpose which the Director
the development or operation, or both, of volunteer service programs under
finds is not fully consistent with the provisions and in furtherance of the
this section, if he determines, in accordance with regulations he shall pre-
purpose of this part.
scribe, that-
(Pub.L. 93-113, Title II, § 201, Oct. 1, 1973, 87 Stat. 401; Pub.L. 93-351, § 4, July
(1) volunteers will not be reimbursed for other than transportation,
12, 1974, 88 Stat. 357; Pub.L. 95-478, Title IV, § 402(a), Oct. 18, 1978, 92 Stat.
meals, and other out-of-pocket expenses incident to the provision of ser-
1556.)
vices under this part;
Historical Note
(2) only individuals aged sixty or over will be enrolled as volunteers
1978
Amendment.
Subsec.
(a).
Pub.L.
(1)" for "3024(a)(1)" of this title and de-
to provide services under this part (except for administrative purposes),
95-478, § 402(a)(1), substituted reference to
creased the period for review to "forty-five"
and such services will be performed in the community where such indi-
section "3025(a)(1)" for "3024(a)(1)" of this
from "sixty" days.
viduals reside or in nearby communities either (A) on publicly owned
title.
Subsec. (d). Pub.L. 95-402(a)(3), added
and operated facilities or projects, or (B) on local projects sponsored by
Subsec. (c), Pub.L. 95-478, § 402(a)(1),
subsec.
(d).
private nonprofit organizations (other than political parties), other than
(2), substituted reference to section "3025(a)
T. U.S.C.A. §§ 4541 to 6500-8
185
184
42 § 5
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4
1974 Amendment. Subsec. (b). Pub.L.
rience and training, and shall be stationed in
tunities for low-income persons aged sixty or over to provide supportive per-
93-351 added subsec. (b). Former subsec.
a State office of the ACTION Agency.
son-to-person services in health, education, welfare, and related settings to
(b) redesignated (c).
"(B) The primary responsibility of each ag-
children having exceptional needs, including services by individuals serving
Subsec. (c). Pub.L. 93-351 redesignated
ing resource specialist shall be-
as "foster grandparents" to children receiving care in hospitals, homes for
former subsec. (b) as (c).
"(i) to support programs carried out un-
Effective Date of 1978 Amendment.
dependent and neglected children, or other establishments providing care for
der title II of the Domestic Volunteer Ser-
Amendment by Pub.L. 95-478 effective at the
vice Act of 1973 [this subchapter] in any
children with special needs. The Director may approve assistance in excess
close of Sept. 30, 1978, see section 504 of
State or other jurisdiction served by the
of 90 per centum of the costs of the development and operation of such
Pub.L. 95-478, set out as an Effective Date of
State office involved; and
projects only if he determines, in accordance with regulations he shall pre-
1978 Amendment note under section 3001 of
this title.
"(ii) to seek to coordinate such pro-
scribe establishing objective criteria, that such action is required in further-
grams with programs carried out under ti-
ance of the purpose of this section. Provision for such assistance shall be
Aging Resource Specialists for Coordina-
tle III and title VII of the Older Americans
tion of National Older American Volunteer
effective as of September 19, 1972. In the case of any project with respect
Act of 1965 [section 3021 et seq. and 3045
Programs with State and Community Pro-
to which, prior to such date, a grant or contract has been made under sec-
et seq. of this title] in any such State or
grams on Aging and Nutrition Programs for
other jurisdiction.
tion 3044b(a) of this title or with respect to any project under the Foster
Elderly; Designation; Duties; Definitions.
Grandparent program in effect prior to September 17, 1969, contributions in
Pub.L. 94-135, Title II, § 205(c), Nov. 28,
"(3) For purposes of this subsection-
cash or in kind from the Bureau of Indian Affairs, Department of the Interi-
1975, 89 Stat. 727, provided that:
"(A) the term 'ACTION Agency' means
or, toward the cost of the project may be counted as part of the cost thereof
"(1) In order to provide maximum coordi-
the ACTION Agency established by sec-
nation between programs carried out under
tion 401 of the Act (42 U.S.C. 5041) [sec-
which is met from non-Federal sources.
title III and title VII of the Older Americans
tion 5041 of this title];
Act of 1965 (42 U.S.C. 3021 et seq.; 42
"(B) the term "primary responsibility'
(b) Person-to-person services to children in an individual service project by
U.S.C. 3045 et seq.) [section 3021 et seq. and
means the devotion of more than one-half
public or private nonprofit agency; authority and criteria for
3045 et seq. of this title] and national older
of regular working hours to the perform-
determinations; mutual agreements between parties
American volunteer programs carried out un-
ance of duties described in paragraph (2)
der title II of the Domestic Volunteer Service
(1) Any public or private nonprofit agency or organization responsible for
(B); and
Act of 1973 (42 U.S.C. 5001 et seq.) [this sub-
providing person-to-person services to a child in a project carried out under
chapter], and in order to enhance the effec-
"(C) the term 'State' means the several
subsection (a) of this section shall have the exclusive authority to determine,
tiveness of the support provided to such na-
States, the District of Columbia, the Virgin
Islands, Puerto Rico, Guam, American Sa-
pursuant to the provisions of paragraph (2) of this subsection-
tional older American volunteer programs by
the ACTION Agency, the Director of the
moa, and the Trust Territory of the Pacific
(A) which children may receive supportive person-to-person services
ACTION Agency shall designate an aging re-
Islands."
under such project; and
source specialist with respect to programs
Legislative History. For legislative history
carried out in each State under title II of the
and purpose of Pub.L. 93-113, see 1973 U.S.
(B) the period of time during which such services shall be continued
Domestic Volunteer Service Act of 1973 [this
Code Cong. and Adm.News, p. 2155. See,
in the case of each individual child.
subchapter].
also, Pub.L. 93-351, 1974 U.S.Code Cong.
"(2)(A) Each aging resource specialist des-
and Adm.News, p. 3708; Pub.L. 95-478,
(2) In the event that such an agency or organization determines that it is
ignated under paragraph (1) shall be qualified
1978 U.S.Code Cong. and Adm.News, p.
in the best interests of a mentally retarded child receiving, and of a particu-
to serve in such capacity by appropriate expe-
3388.
lar foster grandparent providing, services in such a project, such relationship
may be continued after the child reaches the chronological age of 21: Pro-
Code of Federal Regulations
vided, That such child was receiving such services prior to attaining the
Retired Senior Volunteer Program, policies, etc., see 45 CFR 1209.1-1 et seq.
chronological age of 21.
Library References
(3) Any determination made by a public or nonprofit private agency or
C.J.S. Social Security and Public Welfare
organization under paragraphs (1) and (2) of this subsection shall be made
Social Security and Public Welfare as.
United States 82(2, 4).
§§ 6, 7.
through mutual agreement by all parties involved with respect to the provi-
C.J.S. United States § 122.
sion of services to the child involved.
PART B-FOSTER GRANDPARENT PROGRAM
(c) Definitions
For the purposes of this section, the terms "child" and "children" mean
§ 5011.
Grants and contracts for individual service projects
any individual or individuals who are less than 21 years of age.
(a) Foster Grandparent projects; amount
The Director is authorized to make grants to or contracts with public and
(d) Domestic Volunteer Service; allowances, stipends, and other support
nonprofit private agencies and organizations to pay part or all of the cost of
The Director, in accordance with regulations he shall prescribe, may pro-
development and operation of projects (including direct payments to indi-
vide to persons serving as volunteers under this part, such allowances, sti-
viduals serving under this part) designed for the purpose of providing oppor-
pends, and other support as he determines are necessary to carry out the
186
187
42 § 5
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
purpose of this part. Any stipend or allowance provided under this subsec-
tion shall not be less than $2 per hour, except that (1) no increase in the
Library References
stipend or allowance shall be made pursuant to this sentence unless the
funds appropriated for carrying out this part are sufficient to maintain for
Social Security and Public Welfare as
C.J.S. Social Security and Public Welfare
the fiscal year in question a number of participants to serve under this part
United States 82(2, 4).
§§ 6, 7.
C.J.S. United States § 122.
at least equal to the number of such participants serving during the preced-
ing fiscal year, and (2) in the event that sufficient appropriations for any
fiscal year are not available to increase any such stipend or allowance pro-
vided to $2 per hour, the Director shall increase the stipend or allowance to
§
5012. Conditions of grants and contracts; "community action
such amount as appropriations for such year permit consistent with clause
agency" defined
(1) of this exception.
(a)(1) In carrying out this part, the Director shall insure that individuals
(e) Additional definitions
receiving assistance in any project are older persons of low income who are
For the purposes of this part, the terms "low-income person" and "person
no longer in the regular work force.
of low income" mean (1) any person whose income is not more than 125
(2)(A) The Director shall award a grant or contract under this part for a
percent of the poverty line set forth in section 2971d of this title; and (2)
any person considered a poor or low-income person under section 5061(4) of
project to be carried out over an area in a State more comprehensive than
this title, with special consideration for participation in projects under this
one community, to the State agency established or designated pursuant to
section 3025(a)(1) of this title, unless (i) the State has not established or
part provided to persons described in clause (2).
designated such an agency; or (ii) such agency has been afforded at least 45
(Pub.L. 93-113, Title II, § 211, Oct. 1, 1973, 87 Stat. 402; Pub.L. 94-135, Title II,
days to (I) review the project application made by a prospective grantee or
§ 205(b)(1), (2), Nov. 28, 1975, 89 Stat. 727; Pub.L. 94-293, § 7, May 27, 1976, 90
contractor other than such agency for a project to be carried out in such
Stat. 526; Pub.L. 95-478, Title IV, § 402(b), Oct. 18, 1978, 92 Stat. 1557; Pub.L.
State; and (II) make recommendations thereon. In the event that such an
97-35, Title VI, § 608(b), Aug. 13, 1981, 95 Stat. 487.)
established or designated State agency is not awarded the grant or contract,
Historical Note
any application approved for a project in such State shall contain or be sup-
1976 Amendment. Subsecs. (c), (d). Pub.
ported by satisfactory assurances that the project has been developed, and
References in Text. Section 3044b of this
title, referred to in subsec. (a), related to
L. 94-293 added subsees. (c) and (d).
will, to the extent feasible, be conducted, in consultation with, or with the
grants and contracts for Foster Grandparent
1975 Amendment. Subsec. (a). Pub.L.
participation of, such agency.
projects and for services as senior health aides
94-135, § 205(b)(1), substituted "individuals"
and senior companions, amount of award,
for "volunteers" where appearing the first
(B) The Director shall award a grant or contract under this part for a
method of payment, and exclusion as income
and third places and struck out "serve as vol-
project to be carried out entirely in a community served by a community
of compensation to individual volunteers, was
unteers to" preceding "provide supportive
repealed by section 604(a) of Pub.L. 93-113,
action agency, to such agency unless such agency and the State agency es-
person-to-person services".
and is now covered by this section and sec-
tablished or designated pursuant to section 3025(a)(1) of this title have been
Subsec. (b). Pub.L. 94-135, § 205(b)(2),
tions 5022 and 5058 of this title.
afforded at least 45 days to (i) review the project application made by a
substituted "individuals" for "volunteers".
Section 2971d of this title, referred to in
Effective Date of 1978 Amendment.
prospective grantee or contractor other than either such agency for a project
subsec. (e), was repealed by Pub.L. 97-35, Ti-
Amendment by Pub.L. 95-478 effective at the
to be carried out in such community; and (ii) make recommendations there-
tle VI, § 683(a), Aug. 13, 1981, 95 Stat. 519.
close of Sept. 30, 1978, see section 504 of
on. In the event that such a community action agency or such an estab-
1981 Amendment. Subsec. (b). Pub.L.
Pub.L. 95-478, set out as an Effective Date of
lished or designated State agency is not awarded the grant or contract, any
97-35, § 608(b), redesignated former subsec.
1978 Amendment note under section 3001 of
application approved for a project to be carried out entirely in such commu-
(c) as (b). Former subsec. (b), which related
this title.
nity shall contain or be supported by satisfactory assurances that the project
to service as senior health aides and senior
Legislative History. For legislative history
companions was struck out.
and purpose of Pub.L. 93-113, see 1973 U.S.
has been developed, and will, to the extent feasible, be conducted, in consul-
Code Cong. and Adm.News, p. 2155. See,
tation with, or with the participation of, such community action agency.
Subsecs. (c) to (f). Pub.L. 97-35, § 608(b)
also, Pub.L. 94-135, 1975 U.S.Code Cong.
(2), redesignated former subsecs. (c) to (f) as
and Adm.News, p. 1252; Pub.L. 95-478,
(b) The term "community action agency" as used in this section means a
(b) to (e), respectively.
1978 U.S.Code Cong. and Adm.News, P.
community action agency as defined in Title II of the Economic Opportuni-
1978 Amendment. Subsecs. (e), (f). Pub.
3388; Pub.L. 97-35, 1981 U.S.Code Cong.
and Adm.News, p. 396.
ty Act of 1964, as amended (42 U.S.C. 2781-2837).
L. 95-478 added subsecs. (e) and (f).
(Pub.L. 93-113, Title II, § 212, Oct. 1, 1973, 87 Stat. 402; Pub.L. 94-135, Title II,
Code of Federal Regulations
§ 205(b)(3), Nov. 28, 1975, 89 Stat. 727; Pub.L. 95-478, Title IV, § 402(c), Oct. 18,
Foster Grandparent Program, policies, etc., see 45 CFR 1208.1-1 et seq.
1978, 92 Stat. 1557.)
Senior Companions Program, policies, etc., see 45 CFR 1207.1-1 et seq.
188
189
42 § 50..
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
Historical Note
Library References
References in Text. The Economic Op-
program and older American community ser-
Social Security and Public Welfare 174. C.J.S. Social Security and Public Welfare
portunity Act of 1964, referred to in subsec.
vice program for projects to be carried out
§ 94.
(b), is Pub.L. 88-452, Aug. 20, 1964, 78 Stat.
entirely in a community served by a commu-
508, as amended. Title II of the Economic
nity action agency, now covered in par. (2)
Opportunity Act of 1964 was classified gener-
(B).
PART D-GENERAL PROVISIONS
ally to subchapter II (section 2781 et seq.) of
chapter 34 of this title prior to repeal by Pub.
1975 Amendment. Subsec. (a)(1). Pub.L.
L. 97-35, Title VI, § 683(a), Aug. 13, 1981,
94-135 substituted "individuals" for "volun-
§ 5021. Coordination with other Federal programs
95 Stat. 519. For complete classification of
teers".
In carrying out this subchapter, the Director shall consult with the De-
this Act to the Code, see Tables volume.
Effective Date of 1978 Amendment.
partments of Labor and Health and Human Services, and any other Federal
1978 Amendment. Subsec. (a)(2). Pub.L.
Amendment by Pub.L. 95-478 effective at the
95-478 incorporated existing text in provi-
agencies administering relevant programs with a view to achieving optimal
close of Sept. 30, 1978, see section 504 of
sions designated as subpar. (A), deleted provi-
coordination with such other programs, and shall promote the coordination
Pub.L. 95-478, set out as an Effective Date of
sion for carrying out projects throughout the
1978 Amendment note under section 3001 of
of projects under this subchapter with other public or private programs or
State, and prohibits awards of grants or con-
this title.
projects carried out at State and local levels. Such Federal agencies shall
tracts where there is no State agency either
cooperate with the Director in disseminating information about the availa-
established or designated or the State agency
Legislative History. For legislative history
has the application under review before mak-
and purpose of Pub.L. 93-113, see 1973 U.S.
bility of assistance under this subchapter and in promoting the identification
ing recommendations concerning the project,
Code Cong. and Adm.News, p. 2155. See,
and interest of low-income and other older persons whose services may be
and added subpar. (B) covering subject mat-
also, Pub.L. 94-135, 1975 U.S.Code Cong.
utilized in projects under this subchapter.
ter of former par. (3).
and Adm.News, p. 1252; Pub.L. 95-478,
(Pub.L. 93-113, Title II, § 221, Oct. 1, 1973, 87 Stat. 403; Pub.L. 96-143, § 18(b),
Subsec. (a)(3). Pub.L. 95-478 struck out
1978 U.S.Code Cong. and Adm.News, p.
Dec. 13, 1979, 93 Stat. 1083; Pub.L. 97-35, Title VI, § 608(f)(2), Aug. 13, 1981, 95
par. (3) provisions for the foster grandparent
3388.
Stat. 488.)
PART C-SENIOR COMPANIONS PROGRAM
Historical Note
$ 5013. Grants and contracts; applicability of other laws
1981 Amendment. Pub.L. 97-35 substitut-
Legislative History. For legislative history
(a) The Director is authorized to make grants to or contracts with public
ed "Health and Human Services" for
and purpose of Pub.L. 93-113, see 1973 U.S.
and nonprofit private agencies and organizations to pay part or all of the
"Health, Education, and Welfare" and struck
Code Cong. and Adm.News, p. 2155. See,
out reference to the Community Services Ad-
also, Pub.L. 96-143, 1979 U.S.Code Cong.
cost of development and operation of projects (including direct payments to
ministration.
and Adm.News, p. 2183; Pub.L. 97-35, 1981
individuals serving under this part in the same manner as provided in sec-
U.S.Code Cong. and Adm.News, p. 396.
tion 5011(a) of this title) designed for the purpose of providing opportunities
1979 Amendment. Pub.L. 96-143 substi-
tuted "Community Services Administration"
for low-income persons aged 60 or over to serve as "senior companions" to
for "Office of Economic Opportunity".
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
Library References
or other nutrition services; services designed to help persons deinstitutional-
Social Security and Public Welfare as.
C.J.S. Social Security and Public Welfare
ized from mental hospitals, nursing homes, and other institutions; and ser-
United States 82(2, 4).
§§ 6, 7.
C.J.S. United States § 122.
vices designed to assist persons having developmental disabilities and other
special needs for companionship.
(b) The provisions of section 5011(d) of this title and section 5011(e) of
this title and such other provisions of part B of this subchapter as the Direc-
§ 5022. Payments; adjustments; advances or reimbursement;
tor determines to be necessary shall apply to the provisions of this part.
installments; conditions
(Pub.L. 93-113, Title II, § 213, as added Pub.L. 97-35, Title VI, § 608(c)(2), Aug.
Payments under this subchapter pursuant to a grant or contract may be
13, 1981, 95 Stat. 487.)
made (after necessary adjustment, in the case of grants, on account of previ-
ously made overpayments or underpayments) in advance or by way of reim-
Historical Note
bursement, in such installments and on such conditions, as the Director may
Legislative History. For legislative history
determine.
and purpose of Pub.L. 97-35, see 1981 U.S.
(Pub.L. 93-113, Title II, § 222, Oct. 1, 1973, 87 Stat. 403.)
Code Cong. and Adm.News, p. 396.
191
190
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
42 § 5022
PUBLIC HEALTH AND WELFARE
There shall also be in such agency a Deputy Director who shall be ap-
pointed by the President, by and with the advice and consent of the Senate,
Historical Note
and shall be compensated at the rate provided for level IV of the Executive
Legislative History. For legislative history
Schedule under section 5315 of Title 5. The Deputy Director shall perform
and purpose of Pub.L. 93-113, see 1973 U.S.
such functions as the Director shall from time to time prescribe, and shall
Code Cong. and Adm.News, p. 2155.
act as Director of the ACTION Agency during the absence or disability of
the Director. There shall also be in such agency one Associate Director
§ 5023. Minority group participation
who shall be appointed by the President by and with the advice and consent
The Director shall take appropriate steps to insure that special efforts are
of the Senate, and shall be compensated at the rate provided for level V of
made to recruit, select, and assign qualified individuals sixty years and older
the Executive Schedule under section 5316 of Title 5. Such Associate Di-
from minority groups to serve as volunteers under this subchapter.
rector shall be designated "Associate Director for Domestic and Anti-Pover-
ty Operations" and shall carry out operational responsibility for all pro-
(Pub.L. 93-113, Title II, § 223, Oct. 1, 1973, 87 Stat. 404.)
grams authorized under this chapter. There shall also be in such agency no
more than two Assistant Directors appointed by the President by and with
Historical Note
the advice and consent of the Senate, who shall be compensated at the rate
Legislative History. For legislative history
provided for level V of the Exécutive Schedule under section 5316 of Title 5.
and purpose of Pub.L. 93-113, see 1973 U.S.
Each such Assistant Director shall perform such staff and support functions
Code Cong. and Adm.News, p. 2155.
for such Associate Directors as the Director shall from time to time pre-
SUBCHAPTER III-NATIONAL VOLUNTEER PROGRAMS
scribe. There shall also be in such agency one Deputy Associate Director,
under the Associate Director for Domestic and Anti-Poverty Operations,
TO ASSIST SMALL BUSINESSES AND PROMOTE
primarily responsible for programs carried out under parts A and B of sub-
VOLUNTEER SERVICE BY PERSONS
chapter I of this chapter and one Deputy Associate Director, under the As-
WITH BUSINESS EXPERIENCE
sociate Director for Domestic and Anti-Poverty Operations, primarily re-
sponsible for programs carried out under subchapter II of this chapter, each
§§ 5031, 5032.
Repealed. Pub.L. 95-510, § 102(a), Oct.
of whom shall be appointed by the Director.
24, 1978, 92 Stat. 1781
(Pub.L. 93-113, Title IV, § 401, Oct. 1, 1973, 87 Stat. 405; Pub.L. 96-533, Title VI,
§ 602(a), Dec. 16, 1980, 94 Stat. 3155.)
Historical Note
Historical Note
Section 5031, Pub.L. 93-113, Title III,
grams. See section 637 of Title 15, Com-
§ 301, Oct. 1, 1973, 87 Stat. 404, set out the
merce and Trade.
References in Text. This chapter, referred
relating to SCORE and ACE Programs to
Congressional statement of purpose in enact-
to in text, in the original read "this Act"
Small Business Administration, see Ex. Ord.
Effective Date of Repeal. Repeal of sec-
tions effective Oct. 1, 1979, see section 105 of
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
No. 11871, eff. July 18, 1975, 40 F.R. 30915,
ing this subchapter.
Pub.L. 95-510, set out as an Effective Date of
396, known as the Domestic Volunteer Ser-
set out as a note under section 641 of Title
Section 5032, Pub.L. 93-113, Title III,
1978 Amendment note under section 634 of
vice Act of 1973, which enacted this chapter,
15, Commerce and Trade.
§ 302, Oct. 1, 1973, 87 Stat. 404, related to
the authority of the Director to establish, co-
Title 15, Commerce and Trade.
amended section 3067 of this title and section
8332 of Title 5, Government Organization
Peace Corps Established as Agency within
ordinate and operate national volunteer pro-
and Employees, repealed sections 2991, 2992
ACTION Agency. For establishment of the
to 2992b, 2993 to 2993b, 2994 to 2994d, and
Peace Corps as an agency within ACTION
SUBCHAPTER IV-ADMINISTRATION
3044 to 3044e of this title, and enacted provi-
Agency, see section 1-101 of Ex. Ord. No.
sions set out as notes under sections 4951 and
12137, May 16, 1979, 44 F.R. 29023, eff. May
AND COORDINATION
5041 of this title.
16, 1979, set out as a note under section 2501
of Title 22, Foreign Relations and Inter-
1980 Amendment. Pub.L. 96-533 substi-
§ 5041.
ACTION Agency; establishment; officials of ACTION
course.
tuted "one Associate Director" for "two As-
Agency: Director, Deputy Director, Associate Director
sociate Directors", and "Such Associate Di-
Coordination between Directors of Peace
rector" for "One such Associate Director"
Corps and ACTION Agency. For require-
and Deputy Associate Directors for Domestic and Anti-
and struck out ", and the other such Associ-
ment that the Directors of ACTION Agency
Poverty Operations, and Assistant Directors; appoint-
ate Director shall be designated 'Associate
and Peace Corps consult and coordinate to
Director for International Operations' and
assure that the functions of the Director of
ment, compensation, and functions
shall carry out operational responsibility for
the Peace Corps under the Peace Corps Act,
There is hereby established in the executive branch of the Government an
all programs authorized under the Peace
section 2501 et seq. of Title 22, are carried
agency to be known as the ACTION Agency. Such Agency shall be head-
Corps Act (22 U.S.C. 2501 et seq.)".
out consistently with the functions of the Di-
Transfer of Functions. Transfer of func-
rector of ACTION Agency under this chap-
ed by a Director who shall be appointed by the President, by and with the
tions, powers, and duties vested in ACTION
ter, see section 1-112 of Ex. Ord. No. 12137,
advice and consent of the Senate, and shall be compensated at the rate pro-
Agency or its Director under this subchapter
May 16, 1979, 44 F.R. 29023, eff. May 16,
vided for level III of the Executive Schedule under section 5314 of Title 5.
193
42 § 50
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4
1979, set out as a note under section 2501 of
1964, as amended (42 U.S.C. 2991-2994d)
Title 22, Foreign Relations and Intercourse.
[former sections 2991 to 2994d of this title]
(2) Employment and.compensation of experts and consultants
Supersedure of 1971 Reorg. Plan No. 1.
on the effective date of this Act [Oct. 1,
Section 601 of Pub.L. 93-113 provided that:
1973], shall continue in full force and effect
(A) employ experts and consultants or organizations thereof as author-
until modified, superseded, or revoked by the
ized by section 3109 of Title 5, except that no individual may be employed
"(a) [Superseded provisions] Sections 1,
Director.
under the authority of this subsection for more than one hundred days in
2(a), 3, and 4 of Reorganization Plan Number
1 of 1971 (July 1, 1971) are hereby supersed-
"(d) [References to ACTION or Director
any fiscal year; (B) compensate individuals so employed at rates not in ex-
ed.
of ACTION] All references to ACTION, or
cess of the daily equivalent of the rate payable to a GS-18 employee under
the Director of ACTION in any statute, reor-
section 5332 of such Title, including traveltime; (C) allow such individuals,
"(b) [Transfer of functions; personnel,
ganization plan, Executive order, regulation,
property, records, and unexpended funds] The
while away from their homes or regular places of business, travel expenses
or other official document or proceeding
personnel, property, records, and unexpended
shall, on and after the effective date of this
(including per diem in lieu of subsistence) as authorized by section 5703 of
balances of appropriations, allocations, and
Act [Oct. 1, 1973], be deemed to refer to the
such title for persons in the Government service employed intermittently,
other funds employed, used, held, available,
ACTION Agency established by section 401
while so employed; and (D) annually renew contracts for such employment
or to be made available in connection with
[this section] and the Director thereof.
the functions transferred to the Director of
under this clause;
the ACTION Agency by sections 2(a) and 4
"(e) [Abatement of actions or proceedings]
of such reorganization plan are hereby trans-
No suit, action, or other proceeding, and no
(3) Reimbursement of other Federal agencies for performance
ferred to the ACTION Agency established by
cause of action, by or against the agency
of provisions; delegation of functions
section 401 [this section]. All grants, con-
known as ACTION created by such reorgani-
tracts, and other agreements awarded or en-
zation plan, or any action by any officer
with the approval of the President, arrange with and reimburse the heads
tered into under the authority of such reor-
thereof acting in his official capacity, shall
of other Federal agencies for the performance of any of the provisions of
ganization plan will be recognized under
abate by reason of enactment of this Act [this
this chapter and, as necessary or appropriate, delegate any of his functions
comparable provisions of this Act [this chap-
chapter].
ter] so that there is no disruption of ongoing
under this chapter and authorize the redelegation thereof subject to provi-
activities for which there is continuing au-
"(f) [Continuation of prior appointments]
sions to assure the maximum possible liaison between the ACTION Agency
thority.
Persons appointed by the President, by and
and such other agencies at all operating levels, which shall include the fur-
with the advice and consent of the Senate, to
"(c) [Continuing effectiveness of official
positions requiring such advice and consent
nishing of complete operational information by such other agencies to the
actions and continuation of volunteer ser-
under such reorganization plan may continue
ACTION Agency and the furnishing of such information by the ACTION
vices] All official actions taken by the Direc-
to serve in the same capacity in the ACTION
Agency to such other agencies;
tor of the ACTION Agency, his designee, or
Agency without the necessity of an additional
any other person under the authority of such
appointment by the President or further such
reorganization plan which are in force on the
advice and consent by the Senate."
(4) Utilization of services and facilities of Federal and State agencies
effective date of this Act [Oct. 1, 1973] and
for which there is continuing authority under
Legislative History. For legislative history
with their consent, utilize the services and facilities of Federal agencies
the provisions of this Act [this chapter], and
and purpose of Pub.L. 93-113, see 1973 U.S.
without reimbursement, and, with the consent of any State or a political
the length of the period of service of volun-
Code Cong. and Adm.News, p. 2155. See,
subdivision of a State, accept and utilize the services and facilities of the
teers serving or undergoing training under ti-
also, Pub.L. 96-533, 1980 U.S.Code Cong.
agencies of such State or subdivision without reimbursement;
tle VIII of the Economic Opportunity Act of
and Adm.News, p. 6540.
Library References
(5) Acceptance of gifts, devises, and bequests
Social Security and Public Welfare 5.
C.J.S. Social Security and Public Welfare
accept in the name of the ACTION Agency, and employ or dispose of in
United States 82(4).
§§ 6, 7.
furtherance of the purposes of this chapter, or of any subchapter thereof,
C.J.S. United States § 122.
any money or property, real, personal, or mixed, tangible or intangible, re-
ceived by gift, devise, bequest, or otherwise;
§
5042. Authority of Director
(6) Acceptance of voluntary and uncompensated services
In addition to the authority conferred upon him by other sections of this
accept voluntary and uncompensated services;
chapter, the Director is authorized to-
(7) Allocation and expenditure of funds; transfer of
(1) Appointment and compensation of personnel
funds to other Federal agencies
appoint in accordance with the Civil Service laws such personnel as may
allocate and expend, or transfer to other Federal agencies for expenditure,
be necessary to enable the ACTION Agency to carry out its functions, and,
funds made available under this chapter as he deems necessary to carry out
except as otherwise provided herein, fix the compensation of such personnel
the provisions hereof, including expenditure for construction, repairs, and
in accordance with chapter 51 of Title 5;
capital improvements;
194
195
42 § 56
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
poverty as members of the helping professions, and (B) promote the devel-
(8) Dissemination of data and information
opment, and the placement therein of such volunteers, of appropriate oppor-
disseminate, without regard to the provisions of section 3204 of Title 39,
tunities for the use of such skills and experience;
data and information, in such form as he shall deem appropriate to public
agencies, private organizations, and the general public;
(14) Specific necessary or appropriate functions
(9) Seal
establish such policies, standards, criteria, and procedures, prescribe such
rules and regulations, enter into such contracts and agreements with public
adopt an official seal, which shall be judicially noticed;
agencies and private organizations and persons, and make such payments (in
lump sum or installments, and in advance or by way of reimbursement, and
(10) Collection or compromise of obligations
in the case of grants otherwise authorized under this chapter, with necessary
collect or compromise all obligations to or held by him and all legal or
adjustments on account of overpayments and underpayments) as are neces-
equitable rights accruing to him in connection with the payment of obliga-
sary or appropriate to carry out the provisions of this chapter; and
tions in accordance with sections 3701(1) and 3711 of Title 31.
(15) Other necessary or appropriate functions
(11) Expenditures for printing and binding, rent, and repairs,
alteration, and improvement of buildings
generally perform such functions and take such steps, consistent with the
expend funds made available for purposes of this chapter as follows: (A)
purposes and provisions of this chapter, as he deems necessary or appropri-
for printing and binding, in accordance with applicable law and regulations;
ate to carry out the provisions of this chapter.
and (B) without regard to any other law or regulation, for rent of buildings
(Pub.L. 93-13, Title IV, § 402, Oct. 1, 1973, 87 Stat. 406; Pub.L. 94-293, § 4(b),
and space in buildings and for repair, alteration, and improvement of build-
May 27, 1976, 90 Stat. 526; Pub.L. 97-214, § 10(b)(2), July 12, 1982, 96 Stat. 175.)
ings and space in buildings rented by him; but the Director shall not utilize
the authority contained in this subclause (B)—
Historical Note
(i) except when necessary to obtain an item, service, or facility,
References in Text. This chapter, referred
4958 of this title" for "for volunteers serving
to in introductory clause and in pars. (3), (5),
under part A of subchapter I thereof'.
which is required in the proper administration of this chapter, and
(7), (11), (12), (13), (14), and (15) in the origi-
which otherwise could not be obtained, or could not be obtained in the
Effective Date of 1982 Amendment.
nal read "this Act" meaning Pub.L. 93-113,
Amendment by Pub.L. 97-214 effective on
quantity or quality needed, or at the time, in the form, or under the
Oct. 1, 1973, 87 Stat. 396, known as the Do-
Oct. 1, 1982, and applicable to military con-
conditions in which, it is needed, and
mestic Volunteer Service Act of 1973, which
enacted this chapter, amended former section
struction projects, and to construction and ac-
(ii) prior to having given written notification to the Administrator of
3067 of this title and section 8332(b)(7) of Ti-
quisition of military family housing before,
on, or after such date, see section 12(a) of
General Services (if the exercise of such authority would affect an activ-
tle 5, Government Organization and Employ-
Pub.L. 97-214, set out as an Effective Date
ity which otherwise would be under the jurisdiction of the General Ser-
ees, repealed sections 2991, 2992 to 2992b,
note under section 2801 of Title 10, Armed
vices Administration) of his intention to exercise such authority, the
2993 to 2993b, 2994 to 2994d, and 3044 to
Forces.
3044e of this title, and enacted provisions set
item, service, or facility with respect to which such authority is pro-
out as notes under sections 4951 and 5041 of
Effective Date of 1976 Amendment.
posed to be exercised, and the reasons and justifications for the exercise
this title.
Amendment by Pub.L. 94-293 effective on
of such authority;
The Civil Service laws, referred to in par.
Oct. 1, 1976 and not applicable to any agree-
(1), are set forth in Title 5, Government Or-
ment for the assignment of volunteers entered
(12) Grants or contracts for assignment or referral of
ganization and Employees. See, particularly,
into before such date during the period of any
volunteers; payment of program costs
section 3301 et seq. of that title.
such agreement, see section 4(c) of Pub.L.
Codification. In par. (10), "sections
94-293, set out as an Effective Date note un-
notwithstanding any other provision of law, make grants to or contracts
3701(1) and 3711 of title 31" was substituted
der section 4958 of this title.
with Federal or other public departments or agencies and private nonprofit
for "the Federal Claims Collection Act of
Additional Functions of Director. For ad-
organizations for the assignment or referral of volunteers under this chapter
1966 (31 U.S.C. 951-53)" on authority of
ditional functions of the Director of AC-
(except as provided in section 4958 of this title), which may provide that the
Pub.L. 97-258, § 4(b), Sept. 13, 1982, 96
TION Agency relating to mitigating commu-
Stat. 1067, the first section of which enacted
agency or organization shall pay all or a part of the costs of the program;
nity problems, fostering voluntary action,
Title 31, Money and Finance.
initiating proposals for more effective applica-
1982 Amendment. Par. (7). Pub.L.
tion of voluntary action in federal programs,
(13) Educational and vocational counseling
97-214, § 10(b)(2), struck out "(without re-
and making grants for voluntary action pro-
provide or arrange for educational and vocational counseling of volun-
gard to the provisions of section 4774(d) of
grams, see section 1-601 of Ex. Ord. No.
Title 10)," following "the provisions hereof,
12137, May 16, 1979, 44 F.R. 29023, eff. May
teers and recent former volunteers under this chapter to (A) encourage them
including".
16, 1979, set out as a note under section 2501
to use in the national interest the skills and experience which they have
1976 Amendment. Par. (12). Pub.L.
of Title 22, Foreign Relations and Inter-
derived from their training and service, particularly working in combating
94-293 substituted "as provided in section
course.
196
197
42 § 5042
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
Legislative History. For legislative history
also, Pub.L. 97-214, 1982 U.S.Code Cong.
and purpose of Pub.L. 93-113. see 1973 U.S.
and Adm.News. p. 441.
(c) Enforcement; rules and regulations
Code Cong. and Adm.News, p. 2155. See,
The Director, after consultation with the Office of Personnel Manage-
ment, shall issue rules and regulations to provide for the enforcement of this
Code of Federal Regulations
section, which shall include provisions for summary suspension of assistance
Availability of information, see 1215.1 et seq.
for no more than thirty days until notice and an opportunity to be heard
Employee conduct and responsibilities, see 45 CFR 1201.735-101 et seq.
can be provided or other action necessary to permit enforcement on an
Official seal, see 45 CFR 1204.1 et seq.
emergency basis.
(Pub.L. 93-113, Title IV, § 403, Oct. 1, 1973, 87 Stat. 408; Pub.L. 96-143, §§ 8,
18(c)(1), Dec. 13, 1979, 93 Stat: 1077, 1083; Pub.L. 96-187, Title I, § 112(e)(1),
§ 5043. Political activities
Jan. 8, 1980, 93 Stat. 1366.)
Historical Note
(a) Funds use prohibition; "election" and "Federal office" defined
References in Text. This chapter, referred
to (3) thereof as cls. (A) to (C), and last sen-
No part of any funds appropriated to carry out this chapter, or any pro-
to in subsecs. (a) and (b), in the original read
tence thereof as subsec. (c) and added par.
gram administered by the ACTION Agency, shall be used to finance, direct-
"this Act" meaning Pub.L. 93-113, Oct. 1,
(2).
1973, 87 Stat. 396, known as the Domestic
ly or indirectly, any activity designed to influence the outcome of any elec-
Subsec. (c). Pub.L. 96-143, §§ 8(b)(3),
Volunteer Service Act of 1973, which enacted
18(c)(1), designated as subsec. (c) provisions
tion to Federal office, or the outcome of any election to any State or local
this chapter, amended section 3067 of this ti-
formerly contained in last sentence of subsec.
public office, or any voter registration activity, or to pay the salary of any
tle and section 8332 of Title 5, Government
(b) and, as so designated, substituted "Office
officer or employee of the ACTION Agency, who, in his official capacity as
Organization and Employees, repealed sec-
of Personnel Management" for "Civil Service
such an officer or employee, engages in any such activity. As used in this
tions 2991, 2992 to 2992b, 2993 to 2993b,
Commission".
2994 to 2994d, and 3044 to 3044e of this title,
section, the term "election" (when referring to an election for Federal office)
Effective Date of 1980 Amendment.
and enacted provisions set out as notes under
Amendment by Pub.L. 96-187 effective on
has the same meaning given such term by section 431(1) of Title 2, and the
sections 4951 and 5041 of this title.
Jan. 8, 1980, see section 301(a) of Pub.L.
term "Federal office" has the same meaning given such term by section
1980 Amendment. Subsec. (a). Pub.L.
96-187, set out as an Effective Date of 1980
431(3) of Title 2.
96-187 substituted "section 431(1) of title 2"
Amendment note under section 431 of Title
and "section 43(3) of title 2" for "section
2, The Congress.
431(a) of title 2" and "section 431(c) of title
Legislative History. For legislative history
2", respectively.
(b) Prohibition on program identification
and purpose of Pub.L. 93-113, see 1973 U.S.
1979 Amendment. Subsec. (a). Pub.L.
Code Cong. and Adm.News, p. 2155. See,
(1) Programs assisted under this chapter shall not be carried on in a man-
96-143, § 8(a), inserted "or the outcome of
also, Pub.L. 96-143, 1979 U.S.Code Cong.
ner involving the use of funds, the provision of services, or the employment
any election to any State or local public of-
and Adm.News, p. 2183; Pub.L. 96-187,
or assignment of personnel in a manner supporting or resulting in the identi-
fice," following "Federal office," and "(when
1979 U.S.Code Cong. and Adm.News, p.
referring to an election for Federal office)"
2860.
fication of such programs with (A) any partisan or non-partisan political
preceding "has the same meaning".
activity or any other political activity associated with a candidate, or con-
Subsec. (b). Pub.L. 96-143, § 8(b), desig-
tending faction or group, in an election for public or party office, (B) any
nated existing provisions as par. (1), cls. (1)
activity to provide voters or prospective voters with transportation to the
polls or similar assistance in connection with any such election, or (C) any
Library References
voter registration activity.
United States 82(6).
C.J.S. United States § 122.
(2) 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 influ-
§ 5044. Special limitations
encing the passage or defeat of legislation or proposals by initiative petition,
except-
(a) Volunteer activities; limitation
(A) in any case in which a legislative body, a committee of a legisla-
The Director shall prescribe regulations and shall carry out the provisions
tive body, or a member of a legislative body requests any volunteer in,
of this chapter so as to assure that the service of volunteers assigned, re-
or employee of, such a program to draft, review, or testify regarding
ferred, or serving pursuant to grants, contracts, or agreements made under
measures or to make representations to such legislative body, commit-
this chapter is limited to activities which would not otherwise be performed
tee, or member; or
by employed workers and which will not supplant the hiring of or result in
(B) in connection with an authorization or appropriations measure
the displacement of employed workers, or impair existing contracts for ser-
directly affecting the operation of the program.
vice.
199
108
42 $ 50
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
governmental program, except that this paragraph shall not apply in the
(b) Support costs
case of such payments when the Director determines that the value of all
All support, including transportation provided to volunteers under this
such payments, adjusted to reflect the number of hours such volunteers are
chapter, shall be furnished at the lowest possible costs consistent with the
serving, is equivalent to or greater than the minimum wage then in effect
effective operation of volunteer programs.
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 serv-
(c) Compensation of supervising agencies or organizations
ing, whichever is the greater.
No agency or organization to which volunteers are assigned hereunder, or
(2) Notwithstanding any other provision of law, a person enrolled for
which operates or supervises any volunteer program hereunder, shall request
full-time service as a volunteer under subchapter I of this chapter who was
or receive any compensation for services of volunteers supervised by such
otherwise entitled to receive assistance or services under any governmental
agency or organization.
program prior to such volunteer's enrollment shall not be denied such assis-
tance or services because of such volunteer's failure or refusal to register for,
(d) Labor or antilabor organization activities; funds use prohibition
seek, or accept employment or training during the period of such service.
No funds authorized to be appropriated herein shall be directly or indi-
(Pub.L. 93-113, Title IV, § 404, Oct. 1, 1973, 87 Stat. 408; Pub.L. 96-143, § 9,
rectly utilized to finance labor or antilabor organization or related activity.
Dec. 13, 1979, 93 Stat. 1077.)
(e) Selection procedure
Historical Note
Persons serving as volunteers under this chapter shall provide such infor-
References in Text. This chapter, referred
which is classified principally to chapter 8
mation concerning their qualifications, including their ability to perform
to in subsecs. (a), (b), (e), (f), and (g), in the
(section 201 et seq.) of Title 29, Labor. For
their assigned tasks, and their integrity, as the Director shall prescribe and
original read "this Act" meaning Pub.L.
complete classification of this Act to the
93-113, Oct. 1, 1973, 87 Stat. 396, known as
Code, see section 201 of Title 29 and Tables
shall be subject to such procedures for selection and approval as the Direc-
the Domestic Volunteer Service Act of 1973,
volume.
tor determines are necessary to carry out the purposes of this chapter. The
which enacted this chapter, amended section
1979 Amendment. Subsec. (g). Pub.L.
Director may establish such special procedures for the recruitment, selec-
3067 of this title and section 8332 of Title 5,
96-143 designated existing provisions as par.
tion, training, and assignment of low-income residents of the area to be
Government Organization and Employees, re-
(1) and, in par. (1) as so designated, inserted
pealed sections 2991, 2992 to 2992b, 2993 to
", except that this paragraph shall not apply
served by a program under this chapter who wish to become volunteers as
2993b, 2994 to 2994d, and 3044 to 3044e of
in the case of such payments when the Direc-
he determines will further the purposes of this chapter.
this title, and enacted provisions set out as
tor determines that the value of all such pay-
notes under sections 4951 and 5041 of this ti-
ments, adjusted to reflect the number of
(f) Delegation of functions; compensation: conversion
tle.
hours such volunteers are serving, is equiva-
requirement; Peace Corps exceptions
The Peace Corps Act, referred to in subsec.
lent to or greater than the minimum wage
Notwithstanding any other provision of law and except as provided in the
(f), is Pub.L. 87-293, Sept. 22, 1961, 75 Stat.
then in effect under the Fair Labor Standards
612, which is classified principally to chapter
Act of 1938 or the minimum wage, under the
second sentence of this subsection, the Director shall assign or delegate any
34 (section 2501 et seq.) of Title 22, Foreign
laws of the State where such volunteers are
substantial responsibility for carrying out programs under this chapter only
Relations and Intercourse. For complete
serving, whichever is the greater" following
to persons appointed or employed pursuant to clauses (1) and (2) of section
classification of this Act to the Code see
"governmental program" and added par. (2).
5042 of this title, and persons assigned or delegated such substantial respon-
Short Title note set out under section 2501 of
Legislative History. For legislative history
Title 22 and Tables volume.
and purpose of Pub.L. 93-113, see 1973 U.S.
sibilities on October 1, 1973, and who are receiving compensation in accor-
The Fair Labor Standards Act of 1938, re-
Code Cong. and Adm.News, p. 2155. See,
dance with provisions of law other than the applicable provisions of Title 5
ferred to in subsec. (g)(1), is Act June 25,
also, Pub.L. 96-143, 1979 U.S.Code Cong.
on such date shall, by operation of law on such date, be assigned a grade
1938, c. 676, 52 Stat. 1060, as amended,
and Adm.News, p. 2183.
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
Code of Federal Regulations
day preceding such date. The Director may personally make exceptions to
Limitations applicable, see 45 CFR 1216.1-1 et seq.
the requirement set forth in the first sentence of this subsection for persons
he finds will be assigned to carrying out functions under the Peace Corps
Notes of Decisions
Act (22 U.S.C. 2501 et seq.) within six months after October 1, 1973.
Eligibility for government assistance 2
posed budget cutbacks and teacher layoffs in
Labor or antilabor organization activity 1
schools serving community violated subsec.
(g) Government assistance; eligibility; special limitations
(d) of this section which prohibits use of ap-
propriated funds to finance labor organization
(1) Notwithstanding any other provision of law except as may be provid-
was contrary to meaning and intent of this
ed expressly in limitation of this subsection, payments to volunteers under
1. Labor or antilabor organization activity
section, which was intended to prevent tax-
this chapter shall not in any way reduce or eliminate the level of or eligibili-
Finding that VISTA volunteer's activities
payers' money from being used to finance la-
ty for assistance or services any such volunteers may be receiving under any
in organizing demonstration protesting pro-
bor union organization and related activities
200
201
42 § 504
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
Note 1
or antiunion groups and their activities.
may be receiving under any governmental
rector and Deputy Director of the ACTION Agency shall be ex officio
Kensington Joint Action Council v. Pauken,
program," intended its use of phrase "any
members of the Council.
D.C.Pa.1982, 531 F.Supp. 656.
governmental program" to extend proscrip-
In light of overwhelming uncontradicted
tion of that provision to states and their polit-
evidence showing absence of any union con-
ical subdivisions in respect of local welfare
(b) Functions of Council
nection with demonstration organized by
programs receiving no federal financial assis-
The Council shall-
VISTA volunteer to protest proposed cut-
tance. Gilbert v. State, Dept. of Human Ser-
backs and reductions in educational programs
vices, Division of Public Welfare, 1979, 400
(1) advise the Director with respect to policy matters arising in the
other than to focus mayor's attention on con-
A.2d 803, 167 N.J.Super. 217.
administration of this chapter; and
cerns of parents in community, ACTION Di-
In view of subsec. (g)(1) of this section pro-
rector's decisions that actions taken by volun-
(2) upon the request of the Director, review the effectiveness and the
viding that payments to VISTA volunteers
teer were labor related in violation of subsec.
"shall not in any way reduce or eliminate the
operation of programs under this chapter and make recommendations
(d) of this section and that termination of
level of or eligibility for assistance or services
(including such proposals for changes in this chapter as the Council
VISTA sponsor was therefore required were
any such volunteers may be receiving under
deems approporiate) concerning (A) the improvement of such pro-
arbitrary and capricious. Id.
any governmental program," recipient's state
grams, (B) the elimination of duplication of effort, and (C) the coordi-
2. Eligibility for government assistance
general assistance benefits could not be termi-
nated on grounds that recipient's receipt of
nation of such programs with other Federal programs designed to assist
Decision of Department of Public Welfare
VISTA stipend caused her monthly income to
the beneficiaries of this chapter.
discontinuing claimant's welfare benefits after
exceed level of eligibility for general assis-
she reported workmen's compensation bene-
tance. Id.
(c) Repealed. Pub.L. 96-470, Title I, § 113, Oct. 19, 1980, 94 Stat. 2240
fits received after claimant was injured while
working under VISTA program, even though
Prior to administrative letter of June 23,
her earnings as a VISTA volunteer were ex-
1975, income earned as VISTA volunteer was
(d) Applicability of provisions to National Advisory Council to ACTION
empted for purposes of calculating public as-
to be treated as income fully exempted from
Agency established by administrative action after January 1, 1976
sistance benefits, did not constitute a clear
consideration in determining eligibility for
public assistance in home relief category.
In the event that a National Advisory Council to the ACTION Agency is
abuse of discretion or a clearly arbitrary ac-
tion. Savko v. Com., Dept. of Public Wel-
Rae v. Berger, 1975, 373 N.Y.S.2d 775, 84
established by administrative action after January 1, 1976, the provisions of
fare, 1979, 407 A.2d 152, 47 Pa.Cmwlth. 168.
Misc.2d 474.
subsections (a), (b), and (c) of this section shall apply to any such Council.
Congress in enacting legislation establishing
The Department of Social and Rehabilita-
(Pub.L. 93-113, Title IV, § 405, Oct. 1, 1973, 87 Stat. 409; Pub.L. 94-293, § 5(a),
VISTA program, which provided in part un-
tion Services could not reduce its assistance
May 27, 1976, 90 Stat. 526; Pub.L. 96-470, Title I, § 113, Oct. 19, 1980, 94 Stat.
der subsec. (g)(1) of this section that pay-
to VISTA employee by the $250 per month
2240; Pub.L. 96-533, Title VI, § 602(b), Dec. 16, 1980, 94 Stat. 3156.)
ments to volunteers "shall not in any way re-
received by him as compensation. In re Mc-
duce or eliminate the level of eligibility for
Ghee, 1980, 618 P.2d 859, 5 Kan.App.2d
Historical Note
assistance or services any such volunteers
461.
References in Text. This chapter, referred
Subsec. (c). Pub.L. 96-470, struck out
to in subsecs. (a), and (b), in the original read
subsec. (c), which provided that, not later
§
5045. National Voluntary Service Advisory Council
"this Act" meaning Pub.L. 93-113, Oct. 1,
than Jan.1 of each calendar year beginning
1973, 87 Stat. 396, known as the Domestic
with calendar year 1975, the Council make an
(a) Establishment; membership; appointment and term; representation of
Volunteer Service Act of 1973, which enacted
annual report of its findings and recommen-
interests; temporary and permanent chairperson; Initial and annual
this chapter, amended section 3067 of this ti-
dations to the President for transmittal by the
meetings; compensation and travel expenses;
tle and section 8332 of Title 5, Government
President to Congress together with the com-
ex officio membership
Organization and Employees, repealed sec-
ments and recommendations of the President.
tions 2991, 2992 to 2992b, 2993 to 2993b,
1976 Amendment. Subsec. (d). Pub.L.
There is hereby established in the ACTION Agency a National Voluntary
2994 to 2994d, and 3044 to 3044e of this title,
94-293 added subsec. (d).
Service Advisory Council (hereinafter referred to as the "Council") to be
and enacted provisions set out as notes under
Termination of Advisory Councils. Advi-
composed of not more than twenty-five members appointed, not later than
sections 4951 and 5041 of this title.
sory councils established after Jan. 5, 1973 to
ninety days after October 1, 1973, by and serving at the pleasure of the
1980 Amendments. Subsec. (a). Pub.L.
terminate not later than the expiration of the
President. Such members shall be representative of public and private orga-
96-533, § 602(b)(1), struck out "and the
two-year period beginning on the date of its
nizations, groups, and individuals interested in serving and benefited by pro-
Peace Corps Act (22 U.S.C. 2501 et seq.)"
establishment unless in the case of a council
following "under this chapter".
established by the President or an officer of
grams carried out under this chapter. The President shall designate a tem-
the federal government, such council is re-
porary chairperson from such members and shall call the initial meeting of
Subsec. (b)(1). Pub.L. 96-533, § 602(b)
newed by appropriate action prior to the end
the Council within thirty days after appointment of such Council. Mem-
(2), struck out "and the Peace Corps Act (22
of such period, or in the case of a council es-
U.S.C. 2501 et seq.)" following "this chap-
bers of the Council shall designate a permanent chairperson from such
tablished by the Congress, its duration is oth-
ter".
erwise provided by law, see sections 3(2) and
members and shall meet at the call of such chairperson, but not less than
Subsec. (b)(2). Pub.L. 96-533, § 602(b)
14 of Pub.L. 92-463, Oct. 6, 1972, 86 Stat.
four times in each year. Members of the Council, other than those regular-
(3), struck out "and the Peace Corps Act"
770, 776, set out in the Appendix to Title 5,
ly employed by the Federal Government, while attending meetings of such
following "under this chapter" and "and such
Government Organization and Employees.
Council shall receive compensation and travel expenses as provided in sec-
Act" following "in this chapter" and "of this
Legislative History. For legislative history
tion 5042(2) of this title with respect to experts and consultants. The Di-
chapter", respectively.
and purpose of Pub.L. 93-113, see 1973 U.S.
202
203
42 § 50s.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
9
Code Cong. and Adm.News, p. 2155. See,
1980 U.S.Code Cong. and Adm.News, p.
§ 5048. Joint funding; single non-Federal share requirement;
also, Pub.L. 96-470, 1980 U.S.Code Cong.
6540.
and Adm.News, p. 4675; Pub.L. 96-533,
grant or contract requirement waiver
Pursuant to regulations prescribed by the President, and to the extent
consistent with the other provisions of this chapter, where funds are provid-
§
5046.
Labor standards for federally assisted projects, build-
ed for a single project by more than one Federal agency to an agency or
ings, and works
organization assisted under this chapter, the Federal agency principally in-
volved may be designated to act for all in administering the funds provided,
All laborers and mechanics employed by contractors or subcontractors in
and, notwithstanding any other provision of law, in such cases, a single non-
the construction, alteration or repair, including painting and decorating of
Federal share requirement may be established according to the proportion of
projects, buildings and works which are federally assisted under this chapter
funds advanced by each agency. When the principal agency involved is the
shall be paid wages at rates not less than those prevailing on similar con-
ACTION Agency, it may waive any grant or contract requirement (as de-
struction in the locality as determined by the Secretary of Labor in accor-
fined by such regulations) under or pursuant to any law other than this
dance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5).
chapter, which requirement is inconsistent with the similar requirements un-
The Secretary of Labor shall have, with respect to such labor standards, the
der or pursuant to this chapter.
authority and functions set forth in Reorganization Plan Number 14 of 1950
(15 F.R. 3176; 64 Stat. 1267) and in section 276c of Title 40.
(Pub.L. 93-113, Title IV, § 408, Oct. 1, 1973, 87 Stat. 410.)
(Pub.L. 93-113, Title IV, § 406, Oct. 1, 1973, 87 Stat. 410.)
Historical Note
References in Text. This chapter, referred
dent under this section delegated to the Ad-
Historical Note
to in text, in the original read "this Act"
ministrator of General Services, see section 3
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
of Ex. Ord. No. 11867, eff. June 19, 1975, 40
References in Text. This chapter, referred
amended, which is classified generally to sec-
396, known as the Domestic Volunteer Ser-
F.R. 26253, set out as a note under section
to in text, in the original read "this Act"
tions 276a to 276a-5 of Title 40, Public
vice Act of 1973, which enacted this chapter,
4252 of this title, and policy functions trans-
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
Buildings, Property, and Works. For com-
amended section 3067 of this title and section
ferred to Director of Office of Managment
396, known as the Domestic Volunteer Ser-
plete classification of this Act to the Code,
8332 of Title 5, Government Organization
and Budget, see section 1 of Ex. Ord. No.
vice Act of 1973, which enacted this chapter,
see Short Title note set out under section
and Employees, repealed sections 2991, 2992
11893, eff. Dec. 31, 1975, 41 F.R. 1040, set
amended section 3067 of this title and section
276a of Title 40 and Tables volume.
to 2992b, 2993 to 2993b, 2994 to 2994d, and
out as a note under section 4252 of this title.
8332 of Title 5, Government Organization
3044 to 3044e of this title, and enacted provi-
Legislative History. For legislative history
and Employees, repealed sections 2991, 2992
Reorganization Plan Numbered 14 of 1950,
sions set out as notes under sections 4951 and
and purpose of Pub.L. 93-113, see 1973 U.S.
to 2992b, 2993 to 2993b, 2994 to 2994d, and
referred to in text, is set out in the Appendix
5041 of this title.
Code Cong. and Adm.News, p. 2155.
3044 to 3044e of this title, and enacted provi-
to Title 5, Government Organization and Em-
Delegation of Authority to Issue Joint
sions set out as notes under sections 4951 and
ployees.
Funding Regulations. Authority of the Presi-
5041 of this title.
Legislative History. For legislative history
The Davis-Bacon Act, referred to in text, is
and purpose of Pub.L. 93-113, see 1973 U.S.
Code of Federal Regulations
Act Mar. 3, 1931, c. 411, 46 Stat. 1494, as
Code Cong. and Adm.News, p. 2155.
Budgetary implementation requirements, see 45 CFR 1228.1 et seq.
Code of Federal Regulations
§ 5049. Prohibition of Federal control of educational institution
Interpretation of fringe benefits provisions, see 29 CFR 5.20 et seq.
or school system
Nothing contained in this chapter shall be construed to authorize any de-
$
5047. Report to President for transmittal to Congress
partment, agency, officer, or employee of the United States to exercise any
direction, supervision, or control over the curriculum, program of instruc-
Not later than one hundred and twenty days after the end of each fiscal
tion, administration, or personnel of any education institution or school sys-
year, the Director shall prepare and submit to the President for transmittal
tem.
by the President to the Congress a full and complete report on the activities
(Pub.L. 93-113, Title IV, § 409, Oct. 1, 1973, 87 Stat. 410.)
of the ACTION Agency during such year.
Historical Note
(Pub.L. 93-113, Title IV, § 407, Oct. 1, 1973, 87 Stat. 410.)
References in Text. This chapter, referred
8332 of Title 5, Government Organization
to in text, in the original read "this Act"
and Employees, repealed sections 2991, 2992
Historical Note
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
to 2992b, 2993 to 2993b, 2994 to 2994d, and
396, known as the Domestic Volunteer Ser-
3044 to 3044e of this title, and enacted provi-
Legislative History. For legislative history
vice Act of 1973, which enacted this chapter,
sions set out as notes under sections 4951 and
and purpose of Pub.L. 93-113, see 1973 U.S.
amended section 3067 of this title and section
5041 of this title.
Code Cong. and Adm.News, P. 2155.
205
204
$ 5049
PUBLIC HEALTH AND WELFARE
H. 66 DOMESTIC VOLUNTEER SERVICES
42 s
Legislative History. For legislative history
and purpose of Pub.L. 93-113, see 1973 U.S.
Historical Note
Code Cong. and Adm.News, p. 2155.
References in Text. This chapter, referred
to 2992b, 2993 to 2993b, 2994 to 2994d, and
to in text, in the original read "this Act"
3044 to 3044e of this title, and enacted provi-
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
sions set out as notes under sections 4951 and
§
5050. Coordination with other programs
396, known as the Domestic Volunteer Ser-
5041 of this title.
vice Act of 1973, which enacted this chapter,
The Director shall take necessary steps to coordinate volunteer programs
amended section 3067 of this title and section
Legislative History. For legislative history
authorized under this chapter with one another, with community action
8332 of Title 5, Government Organization
and purpose of Pub.L. 93-113, see 1973 U.S.
programs, and with other related Federal, State, and local programs. The
and Employees, repealed sections 2991, 2992
Code Cong. and Adm.News, p. 2155.
Director shall also consult with the heads of other Federal, State, and local
agencies responsible for programs related to the purposes of this chapter
§
5052. Suspension and termination of financial assistance;
with a view to encouraging greater use of volunteer services in those pro-
grams and establishing in connection with them systematic procedures for
procedures; notice and hearing; emergency situations;
the recruitment, referral, or necessary preservice orientation or training of
refunding applications
volunteers serving pursuant to this chapter. The Director, in consultation
The Director is authorized, in accordance with the provisions of this sec-
with the Director of the Office of Personnel Management and the Secretar-
tion, to suspend further payments or to terminate payments under any con-
ies of Labor, Commerce, and the Treasury and officials of other appropriate
tract or grant providing assistance under this chapter, whenever he deter-
departments and agencies, shall take all appropriate steps to encourage State
mines there is a material failure to comply with the applicable terms and
and local governments, charitable and service organizations, and private em-
conditions of any such grant or contract. The Director shall prescribe pro-
ployers (1) to take into account experience in volunteer work in the consid-
cedures to insure that-
eration of applicants for employment; and (2) to make provisions for the
VETERANS
(1) assistance under this chapter shall not be suspended for failure to
listing and description of volunteer work on all employment application
forms.
comply with applicable terms and conditions, except in emergency situ-
ations for thirty days; nor shall an application for refunding under this
(Pub.L. 93-113, Title IV, § 410, Oct. 1, 1973, 87 Stat. 410; Pub.L. 96-143, § 10,
chapter be denied, unless the recipient has been given reasonable notice
Dec. 13, 1979, 93 Stat. 1078.)
and opportunity to show cause why such action should not be taken;
and
Historical Note
(2) assistance under this chapter shall not be terminated for failure
References in Text. This chapter, referred
tion with the Director of the Office of Person-
nel Management and the Secretaries of Labor,
to comply with applicable terms and conditions unless the recipient has
to in text, in the original read "this Act"
LIBRARY
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
Commerce, and the Treasury and officials of
been afforded reasonable notice and opportunity for a full and fair
396, known as the Domestic Volunteer Ser-
other appropriate departments and agencies
hearing.
vice Act of 1973, which enacted this chapter,
to take steps to encourage employers to re-
view the consideration they give volunteer
(Pub.L. 93-113, Title IV, § 412, Oct. 1, 1973, 87 Stat. 411.)
amended section 3067 of this title and section
8332 of Title 5, Government Organization
service in the information requested on their
and Employees, repealed sections 2991, 2992
standard application forms.
Historical Note
to 2992b, 2993 to 2993b, 2994 to 2994d, and
Legislative History. For legislative history
References in Text. This chapter, referred
to 2992b, 2993 to 2993b, 2994 to 2994d, and
3044 to 3044e of this title, and enacted provi-
and purpose of Pub.L. 93-113, see 1973 U.S.
to in text, in the original read "this Act"
3044 to 3044e of this title, and enacted provi-
sions set out as notes under sections 4951 and
Code Cong. and Adm.News, p. 2155. See,
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
sions set out as notes under sections 4951 and
5041 of this title.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
396, known as the Domestic Volunteer Ser-
5041 of this title.
1979 Amendment. Pub.L. 96-143 added
and Adm.News, p. 2183.
vice Act of 1973, which enacted this chapter,
provisions requiring the Director in consulta-
amended section 3067 of this title and section
Legislative History. For legislative history
8332 of Title 5, Government Organization
and purpose of Pub.L. 93-113, see 1973 U.S.
and Employees, repealed sections 2991, 2992
Code Cong. and Adm.News, p. 2155.
§
5051. Performance of functions by existing departments or
Code of Federal Regulations
offices rather than new departments or offices
Procedures applicable, see 45 CFR 1206.1-1 et seq.
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 appro-
Notes of Decisions
priated to carry out this chapter shall be used to establish any new depart-
Burden of proof 6
Nature of show cause proceeding 4
ment or office when the intended function is being performed by an existing
Issues or decisions reviewable 7
Notice 5
department or office.
Refunding applications
Rules and regulations 1
Generally 2
Scope of review 8
(Pub.L. 93-113, Title IV, § 411, Oct. 1, 1973, 87 Stat. 411.)
Discretion of Director 3
206
207
42 § 50
PUBLIC HEALTH AND WELFARE
Note 1
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
3
1. Rules and regulations
their dissatisfaction with recipient's adminis-
Federal agency charged with administering
tration of grant long before nonrenewal deci-
Fiscal Year Transition Period of July 1,
poses of former provisions of this section, see
this chapter is not held to strict compliance
sion, reasons provided by federal agency in
1976, through September 30, 1976, Deemed
section 205(18) of Pub.L. 94-274, Apr. 21,
with implementing regulations; so long as it
tentative decision not to renew were specific
Part of Fiscal Year Beginning October 1,
1976, 90 Stat. 393, set out as a note under
has substantially complied with content and
and identified each of areas to be addressed
1976. Fiscal year transition period of July 1,
section 5532 of Title 5, Government Organi-
spirit of rules, its actions will not be faulted
by recipient at show-cause meeting, and re-
1976, through Sept. 30, 1976, deemed part of
zation and Employees.
for merely technical omissions absent show-
cipient responded in detail to each of claims
fiscal year beginning Oct. 1, 1976, for pur-
ing of prejudice. Community Action Organi-
in lengthy submission prepared prior to meet-
zation of Erie County, Inc. V. Action, D.C.
ing with officials of administering agency,
N.Y.1982, 546 F.Supp. 494.
record showed that recipient was adequately
§
5054. Distribution of benefits between rural and urban areas
apprised in advance of reasons for federal
2. Refunding applications-Generally
agency's determination so as to allow it to
The Director shall adopt appropriate administrative measures to assure
Although section 5012 of this title and reg-
prepare for show-cause meeting and thus its
that the benefits of and services under this chapter will be distributed equita-
ulations governing selection of grantees state
procedural rights under this chapter had not
bly between residents of rural and urban areas.
preference for sponsorship by community ac-
been abridged in such respect. Community
tion agency, no such preferred status is ac-
Action Organization of Erie County, Inc. V.
(Pub.L. 93-113, Title IV, § 414, Oct. 1, 1973, 87 Stat. 411.)
corded by renewal provisions of this section;
Action, D.C.N.Y.1982, 546 F.Supp. 494.
Historical Note
all grantees are governed by same procedures
and are entitled to no more than show-cause
References in Text. This chapter, referred
Director of the ACTION Agency shall sub-
meeting in which to state their cause for re-
6. Burden of proof
to in text, in the original read "this Act"
mit to the appropriate committees of the Con-
newal. Community Action Organization of
Federal agency charged with administering
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
gress a report specifying the special needs and
Erie County, Inc. v. Action, D.C.N.Y.1982,
this chapter was not required to convince
396, known as the Domestic Volunteer Ser-
circumstances to be addressed in designing
546 F.Supp. 494.
grant recipient of merits of nonrenewal of
vice Act of 1973, which enacted this chapter,
programs under the Domestic Volunteer Ser-
Recipient of funds under this chapter can
grant in meeting to show cause why recipi-
amended section 3067 of this title and section
vice Act of 1973 [this chapter] for implemen-
have no property interest in continued fund-
ent's application for refunding should not be
8332 of Title 5, Government Organization
tation in rural areas. Such report shall in-
ing upon expiration of grant. Id.
denied; rather, obligation was solely on recip-
and Employees, repealed sections 2991, 2992
clude a detailed statement of the manner in
ient to persuade federal officials that recipient
to 2992b, 2993 to 2993b, 2994 to 2994d, and
which the Director intends to address such
3. Discretion of Director
was entitled to renewal. Community Action
3044 to 3044e of this title, and enacted provi-
needs and circumstances, together with a
Intent of this section, and implementing
Organization of Erie County, Inc. V. Action,
sions set out as notes under sections 4951 and
timetable for designing and implementing
regulations, providing that application for re-
D.C.N.Y.1982, 546 F.Supp. 494.
5041 of this title
such programs."
funding shall not be denied "unless the recipi-
Rural Program Report. Pub.L. 96-143,
Legislative History. For legislative history
ent has been given reasonable notice and op-
7. Issues or decisions reviewable
§ 16, Dec. 13, 1979, 93 Stat. 1082, provided
and purpose of Pub.L. 93-113, see 1973 U.S.
portunity to show cause why such action
that: "Not later than February 1, 1980, the
Code Cong. and Adm.News, p. 2155.
should not be taken" is to reserve to officials
Discretion of federal agency charged with
of administering federal agency broad discre-
administering this chapter does not include
tion in determining whether to renew grants.
right to dispense with minimal procedural
Community Action Organization of Erie
rights accorded applicant and applicant may
§ 5055. Application of Federal law
County, Inc. v. Action, D.C.N.Y.1982, 546
obtain judicial intervention to insure that im-
(a) General rule
F.Supp. 494.
plementing regulations are complied with by
agency. Community Action Organization of
Except as provided in subsections (b), (c), (d), and (e) of this section,
4. Nature of show cause proceeding
Erie County, Inc. V. Action, D.C.N.Y.1982,
volunteers under this chapter shall not be deemed Federal employees and
Show-cause proceeding as to why recipi-
546 F.Supp. 494.
shall not be subject to the provisions of laws relating to Federal officers and
ent's application for refunding under this
chapter should not be denied is informal
employees and Federal employment.
meeting, not a trial. Community Action Or-
8. Scope of review
ganization of Erie County, Inc. v. Action,
Breadth of discretion vested in federal
(b) Specific Federal legislation
D.C.N.Y.1982, 546 F.Supp. 494.
agency charged with administering this chap-
ter severely restricts scope of judicial review
Individuals enrolled as volunteers for periods of full-time service, or, as
5.
Notice
on merits. Community Action Organization
the Director deems appropriate in accordance with regulations, for periods
Where officials of federal agency charged
of Erie County, Inc. V. Action, D.C.N.Y.
of part-time service of not less than 20 hours per week for not less than 26
with administering this chapter had indicated
1982, 546 F.Supp. 494.
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
$
5053.
Repealed. Pub.L. 94-293, § 5(b)(1), May 27, 1976, 90
of Title 5, be deemed persons employed in the executive branch of the Fed-
eral Government, (2) for the purposes of the Internal Revenue Code of 1954
Stat. 526
(26 U.S.C. 1 et seq.) and Title II of the Social Security Act (42 U.S.C. 401
Historical Note
et seq.), be deemed employees of the United States, and any service per-
Section, Pub.L. 93-113, Title IV, § 413,
1974, and the three succeeding fiscal years,
formed by an individual as a volunteer (including training) shall be deemed
Oct. 1, 1973, 87 Stat. 411, authorized the Di-
and authorizing Congress to appropriate such
to be performed in the employ of the United States, (3) for the purposes of
rector to carry out the programs of this chap-
sums as necessary for each fiscal year.
the Federal Tort Claims provisions of Title 28, be deemed employees of the
ter during the fiscal year ending June 30,
United States, (4) for the purposes of subchapter I of chapter 81 of Title 5
208
42 § 50
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
4.
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
(e) References in other laws to service under provisions relating to
Volunteers in Service to America deemed references to
"employee" as defined in section 8101 of Title 5, and the provisions of that
service under subchapter I of this chapter
subchapter shall apply except as follows: (A) in computing compensation
benefits for disability or death, the annual rate of pay of a volunteer enrolled
Notwithstanding any other provision of law, all references in any other
for a period of full-time service under such subchapter I of this chapter shall
law to persons serving as volunteers under Title VIII of the Economic Op-
be deemed to be that received under the entrance salary for a grade GS-7
portunity Act of 1964, as amended [42 U.S.C.A. § 2991 et seq.], shall be
employee, and the annual rate of pay of a volunteer enrolled for a period of
deemed to be references to persons serving as full-time volunteers in a pro-
part-time service under such subchapter I of this chapter shall be deemed to
gram of at least one year's duration under part A, B, or C of subchapter I of
be such entry salary or an appropriate portion thereof as determined by the
this chapter.
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
(f) Civil actions
following the date on which the injured volunteer is terminated, and (5) be
(1) The remedy-
deemed employees of the United States for the purposes of section 5584 of
(A) against the United States provided by sections 1346(b) and 2672
Title 5 (and stipends and allowances paid under this chapter shall be consid-
of Title 28, or
ered as pay for such purposes).
(B) through proceedings for compensation or other benefits from the
(c) Subsequent government employment
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
Any period of service of a volunteer enrolled in a program for a period of
Title 28,
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
for damages for personal injury, including death, allegedly arising from mal-
period of service of at least one year under part B or C of subchapter I of
practice or negligence of a physician, dentist, podiatrist, optometrist, nurse,
this chapter, shall be credited in connection with subsequent employment in
physician assistant, expanded-function dental auxiliary, pharmacist, or
the same manner as a like period of civilian employment by the United
paramedical (for example, medical and dental technicians, nursing assist-
States Government-
ants, and therapists) or other supporting personnel in furnishing medical
care or treatment while in the exercise of such person's duties as a volunteer
(1) for the purposes of any Act establishing a retirement system for
enrolled under subchapter I of this chapter shall be exclusive of any other
civilian employees of any United States Government agency; and
civil action or proceeding by reason of the same subject matter against such
(2) except as otherwise determined by the President, for the purposes
person (or such person's estate) whose action or omission gave rise to such
of determining seniority, reduction in force, and layoff rights, leave en-
claim.
titlement, and other rights and privileges based upon length of service
(2) The Attorney General of the United States shall defend any civil ac-
under the laws administered by the Office of Personnel Management,
tion or proceeding brought in any court against any person referred to in
the Foreign Service Act of 1980 [22 U.S.C.A. § 3901 et seq.], and every
paragraph (1) of this subsection (or such person's estate) for any such dam-
other Act establishing or governing terms and conditions of service of
age or injury. Any such person against whom such civil action or proceed-
civilian employees of the United States Government: Provided, That
ing is brought shall deliver, within such time after date of service or knowl-
service of a volunteer shall not be credited toward completion of any
edge of service as determined by the Attorney General, all process served
probationary or trial period or completion of any service requirement
upon such person or an attested true copy thereof to such person's immedi-
for career appointment.
ate supervisor or to whomever is designated by the Director to receive such
papers, and such person shall promptly furnish copies of the pleading and
(d) Competitive service
process therein to the United States attorney for the district embracing the
Volunteers serving in programs for periods of service of at least one year
place wherein the proceeding is brought and to the Attorney General.
under part A of subchapter I of this chapter, and volunteers serving for such
(3) Upon a certification by the Attorney General that the defendant was
periods under Title VIII of the Economic Opportunity Act of 1964, as
acting in the scope of such person's volunteer assignment at the time of the
amended (42 U.S.C. 2991-2994d), including those whose service was com-
incident out of which the suit arose, any such civil action or proceeding
pleted under such Act, who the Director determines, in accordance with
commenced in a State court shall be removed without bond at any time
regulations he shall prescribe, have successfully completed their periods of
before trial by the Attorney General to the district court of the United
service, shall be eligible for appointment in the competitive service in the
States of the district and division embracing the place wherein it is pending
same manner as Peace Corps volunteers as prescribed in Executive Order
and the proceeding deemed a tort action brought against the United States
Number 11103 (April 10, 1963).
under the provisions of Title 28 and all references thereto. After removal
210
211
42 $ 505.
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
of this chapter for periods of service of at
Subsec. (f). Pub.L.96-143, § 11(b), added
the United States shall have available all defenses to which it would have
least one year" and in cl. (4)(A) "the annual
subsec. (f).
been entitled if the action had originally been commenced against the Unit-
rate of pay of a volunteer enrolled for a peri-
Effective Date of 1980 Amendment.
ed States. Should a district court of the United States determine on a hear-
od of full-time service under such subchapter
Amendment by Pub.L. 96-465 effective Feb.
ing on a motion to remand held before a trial on the merits that the volun-
I of this chapter shall be deemed to be that
15, 1981, except as otherwise provided, see
teer whose act or omission gave rise to the suit was not acting within the
received under the entrance salary for a grade
section 2403 of Pub.L. 96-465, set out as an
GS-7 employee, and the annual rate of pay of
Effective Date note under section 3901 of Ti-
scope of such person's volunteer assignment, the case shall be remanded to
a volunteer enrolled for a period of part-time
tle 22, Foreign Relations and Intercourse.
the State court.
service under such subchapter I of this chap-
Legislative History. For legislative history
(4) The Attorney General may compromise or settle any claim asserted in
ter shall be deemed to be such entry salary or
and purpose of Pub.L. 93-113, see 1973 U.S.
an appropriate portion thereof as determined
such civil action or proceeding in the manner provided in section 2677 of
Code Cong. and Adm.News, p. 2155. See,
by the Director" for "the monthly pay of a
also, Pub.L. 96-143, 1979 U.S.Code Cong.
Title 28 and with the same effect.
volunteer shall be deemed that received under
and Adm.News, p. 2183; Pub.L. 96-465,
(Pub.L. 93-113, Title IV, § 415, Oct. 1, 1973, 87 Stat. 411; Pub.L. 96-143, §§ 11,
the entrance salary for a grade GS-7 employ-
1980 U.S.Code Cong. and Adm.News, p.
ee" and added cl. (5).
18(c)(2), Dec. 13, 1979, 93 Stat. 1078, 1083; Pub.L. 96-465, Title XXII, § 2206(h),
4419.
Oct. 17, 1980, 94 Stat. 2163.)
Subsec. (c)(2). Pub.L. 96-143, § 18(c)(2),
substituted "Office of Personnel Manage-
ment" for "Civil Service Commission".
Historical Note
References in Text. This chapter, referred
Code, see Short Title note set out under sec-
EXECUTIVE ORDER NO. 11561
to in subsecs. (a) and (b)(5), in the original
tion 3901 of Title 22 and Tables volume.
Sept. 25, 1970, 35 F.R. 14981, as amended by Ex. Ord. No. 12107,
read "this Act" meaning Pub.L. 93-113, Oct.
The Economic Opportunity Act of 1964, as
Dec. 28, 1978, 44 F.R. 1055.
1, 1973, 87 Stat. 396, as amended, known as
amended, referred to in subsecs. (d) and (e),
the Domestic Volunteer Service Act of 1973,
is Pub.L. 88-452, Aug. 20, 1964, 78 Stat. 508,
DELEGATION OF AUTHORITY
which enacted this chapter, amended section
as amended. Title VIII of such Act, proba-
3067 of this title and section 8332 of Title 5,
bly means Title VIII of Pub.L. 88-452 as
By virtue of the authority vested in me by
the Office of Personnel Management to the
Government Organization and Employees, re-
added by Pub.L. 89-794, Title VIII, § 801,
section 301 of Title 3 of the United States
extent that such authority is with respect to
pealed sections 2991, 2992 to 2992b, 2993 to
Nov. 8, 1966, 80 Stat. 1472, and generally re-
Code [section 301 of Title 3; The President],
the laws administered by the Office, and (2)
2993b, 2994 to 2994d, and 3044 to 3044e of
vised and amended by Pub.L. 90-222, Title I,
and as President of the United States, the au-
to the Secretary of State to the extent that
this title, and enacted provisions set out as
§ 110, Dec. 23, 1967, 81 Stat. 722, which was
thority conferred upon the President by that
such authority is with respect to the Foreign
notes under sections 4951 and 5041 of this ti-
classified generally to subchapter VIII (sec-
portion of section 833(c)(2) of the Economic
Service Act of 1946, as amended [section 801
tle.
tion 2991 et seq.) of chapter 34 of this title.
Opportunity Act of 1964 (42 U.S.C. 2994b(c)
et seq. of Title 22, Foreign Relations and In-
The Internal Revenue Code of 1954, re-
Title VIII of the Economic Opportunity Act
(2)) [former section 2994b(c)(2) of this title,
tercourse].
ferred to in subsec. (b), is set out in Title 26,
of 1964 as so added and amended was re-
now subsec. (c)(2) of this section] which reads
RICHARD NIXON
Internal Revenue Code.
pealed by Pub.L. 93-113, Title VI, § 603,
"except as otherwise determined by the Presi-
and its provisions are now covered by this
dent" is hereby delegated as follows: (1) To
The Social Security Act, referred to in sub-
chapter. For complete classification of this
sec. (b)(2) is Act Aug. 14, 1935, c. 531, 49
Act to the Code, see Short Title note set out
Code of Federal Regulations
Stat. 620, as amended. Title II of the Social
under section 2701 of this title and Tables
Security Act is classified generally to sub-
volume.
Eligibility for appointment to competitive service, see 45 CFR 1219.1 et seq.
chapter II (section 401 et seq.) of chapter 7 of
Executive Order Number 11103 (April 10,
this title. For complete classification of this
Act to the Code, see section 1305 of this title
1963), referred to in subsec.(d), is set out un-
der section 2504 of Title 22, Foreign Rela-
§
5056.
Evaluation of programs and projects
and Tables volume.
tions and Intercourse.
(a) General objectives; persons conducting the evaluation
Federal Tort Claims provisions of Title 28,
1980 Amendment. Subsec. (c)(1). Pub.L.
referred to in subsec. (b)(3), are the Federal
96-465, § 2206(h)(1), substituted "any" for
The Director shall periodically measure and evaluate the impact of all
Tort Claims Act, which is classified generally
"section 1092(a)(1) of title 22 and every oth-
programs authorized by this chapter, their effectiveness in achieving stated
to section 1346(b) and to chapter 171 (section
er".
2671 et seq.) of Title 28, Judiciary and Judi-
goals in general, and in relation to their cost, their impact on related pro-
Subsec. (c)(2). Pub.L. 96-465, § 2206(h)
cial Procedure.
grams, and their structure and mechanisms for delivery of services. Evalua-
(2), substituted "Foreign Service Act of 1980"
GS-7, referred to in subsec. (b)(4), is con-
for "Foreign Service Act of 1946".
tions shall be conducted by persons not immediately involved in the admin-
tained in the General Schedule which is set
1979 Amendment. Subsec. (b). Pub.L.
istration of the program or project evaluated.
out under section 5332 of Title 5, Govern-
96-143, § 11(a), substituted in provisions pre-
ment Organization and Employees.
ceding cl. (1) "as volunteers for periods of
(b) General standards; publication; reports of ensuing actions
The Foreign Service Act of 1980, referred
full-time service, or, as the Director deems
to in subsec. (c)(2), is Pub.L. 96-465, Oct. 17,
appropriate in accordance with regulations,
The Director shall develop and publish general standards for evaluation
1980, 94 Stat. 2071, which is classified princi-
for periods of part-time service of not less
of program and project effectiveness in achieving the objectives of this chap-
pally to chapter 52 (section 3901 et seq.) of
than 20 hours per week for not less than 26
ter. Reports submitted pursuant to section 5047 of this title shall describe
Title 22, Foreign Relations and Intercourse.
consecutive weeks, under subchapter I of this
the actions taken as a result of evaluations carried out under this section.
For complete classification of this Act to the
chapter" for "in programs under subchapter I
213
212
42 §
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
(b) No person in the United States shall on the ground of sex be excluded
(c) Opinions of participants
from participation in, be denied the benefits of, be subjected to discrimina-
tion under, or be denied employment in connection with, any program or
In carrying out evaluations under this subchapter, the Director shall,
activity receiving assistance under this chapter. The Director shall enforce
whenever possible, arrange to obtain the opinions of program and project
the provisions of the preceding sentence in accordance with section 2000d-1
participants about the strengths and weaknesses of such programs and
of this title. Section 2000d-2 of this title shall apply with respect to any
projects.
action taken by the Director to enforce such sentence. This section shall
not be construed as affecting any other legal remedy that a person may have
(d) Summaries of results; publication
if that person is excluded from participation in, denied the benefits of, sub-
The Director shall publish summaries of the results of evaluations of pro-
jected to discrimination under, or denied employment in connection with
gram and project impact and effectiveness no later than sixty days after the
any program or activity receiving assistance under this chapter.
completion thereof.
(c)(1) The Director shall apply the nondiscrimination policies and author-
ities set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C.
(e) Federal property
2000e-16), in Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et
The Director shall take the necessary action to assure that all studies,
seq.), and in the Age Discrimination Act of 1975 (Public Law 94-135, Title
evaluations, proposals, and data produced or developed with Federal funds
III; 42 U.S.C. 6101 et seq.) to applicants for enrollment for service as vol-
shall become the property of the United States.
unteers, and to volunteers serving, under this chapter and the Peace Corps
Act (22 U.S.C. 2501 et seq.). Any remedies available to individuals under
(f) Funds limitation; reduction of allotments
such laws, other than the right of appeal to the Civil Service Commission
authorized by section 717 of the Civil Rights Act of 1964 [42 U.S.C.A.
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 con-
§ 2000e-16], and transferred to the Equal Employment Opportunity Com-
mission by Reorganization Plan Number 1 of 1978, shall be available to
duct program and project evaluations (directly, or by grants or contracts) as
required by this chapter. In the case of allotments from such an appropria-
such applicants or volunteers.
tion, the amount available for such allotments (and the amount deemed ap-
(2) Not later than 90 days after December 13, 1979, the Director, after
propriate therefor) shall be reduced accordingly.
consultation with the Equal Employment Opportunity Commission with re-
gard to the application of the policies set forth in section 717 of the Civil
(Pub.L. 93-113, Title IV, § 416, Oct. 1, 1973, 87 Stat. 412.)
Rights Act of 1964 (42 U.S.C. 2000e-16) and with the Interagency Coordi-
Historical Note
nating Council, established by section 507 of the Rehabilitation Act of 1973
[29 U.S.C.A. § 794c], and the Interagency Committee on Handicapped Em-
References in Text. This chapter, referred
tions 2991, 2992 to 2992b, 2993 to 2993b,
ployees, established by section 501(a) of the Rehabilitation Act of 1973 (29
to in subsecs. (a), (b), and (f), in the original
2994 to 2994d, and 3044 to 3044e of this title,
read "this Act" meaning Pub.L. 93-113, Oct.
and enacted provisions set out as notes under
U.S.C. 791(a)), with regard to the application of the policies set forth in
1, 1973, 87 Stat. 396, known as the Domestic
sections 4951 and 5041 of this title.
Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), and, not
Volunteer Service Act of 1973, which enacted
later than 90 days after the Secretary of Health and Human Services pub-
this chapter, amended section 3067 of this ti-
Legislative History. For legislative history
lishes final general regulations to carry out the Age Discrimination Act of
tle and section 8332 of Title 5, Government
and purpose of Pub.L. 93-113, see 1973 U.S.
Organization and Employees, repealed sec-
Code Cong. and Adm.News, p. 2155.
1975 (Public Law 94-135, Title III; 42 U.S.C. 6101 et seq.), and after con-
sultation with the Secretary with regard to the application of the policies set
forth in such Act, shall prescribe regulations establishing the procedures for
§ 5057. Nondiscrimination
the application of such policies and the provision of such remedies so as to
promote the enrollment and service of persons as volunteers without regard
(a) The Director shall not provide financial assistance for any program
to the discriminatory factors described in such laws.
under this chapter unless the grant, contract, or agreement with respect to
such program specifically provides that no person with responsibilities in the
(Pub.L. 93-113, Title IV, § 417, Oct. 1, 1973, 87 Stat. 413; Pub.L. 96-143, § 12,
operation of such program will discriminate with respect to any such pro-
Dec. 13, 1979, 93 Stat. 1079; Pub.L. 97-35, Title VI, § 608(f)(3), Aug. 13, 1981, 95
gram because of race, creed, belief, color, national origin, sex, age, handicap,
Stat. 488.)
or political affiliation. For purposes of this subsection, and for purposes of
Historical Note
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section
References in Text. This chapter, referred
amended section 3067 of this title and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrim-
to in text, in the original read "this Act"
8332 of Title 5, Government Organization
ination Act of 1975 (Public Law 94-135, Title III; 42 U.S.C. 6101 et seq.),
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
and Employees, repealed sections 2991, 2992
any program, project, or activity to which volunteers are assigned under this
396, known as the Domestic Volunteer Ser-
to 2992b, 2993 to 2993b, 2994 to 2994d, and
vice Act of 1973, which enacted this chapter,
3044 to 3044e of this title, and enacted provi-
chapter shall be deemed to be receiving Federal financial assistance.
215
214
42 § 50
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
sions set out as notes under sections 4951 and
Stat. 612, as amended, which is classified
efit payments, or minimum wage laws. This section shall become effective
5041 of this title.
principally to chapter 34 (section 2501 et
with respect to all payments made after October 1, 1973.
The Civil Rights Act of 1964, referred to in
seq.) of Title 22, Foreign Relations and Inter-
course. For complete classification of this
(Pub.L. 93-113, Title IV, § 418, Oct. 1, 1973, 87 Stat. 413; Pub.L. 96-143, § 18(a)
subsec. (a), is Pub.L. 88-352, July 2, 1964, 78
Act to the Code, see Short Title note set out
(2), Dec. 13, 1979, 93 Stat. 1083.)
Stat. 241, as amended. Title VI of the Civil
under section 2501 of Title 22 and Tables vol-
Rights Act of 1964 is classified generally to
Historical Note
subchapter V (section 2000d et seq.) of chap-
ume.
ter 21 of this title. Section 717 of such Act,
Reorganization Plan Number 1 of 1978, re-
1979 Amendment. Pub.L. 96-143 substi-
Code Cong. and Adm.News, p. 2155. See,
referred to in subsec. (c), is classified to sec-
ferred to in subsec. (c)(1), is set out in the
tuted "subchapter II of this chapter" for
also, Pub.L. 96-143, 1979 U.S.Code Cong.
tion 2000e-16 of this title. For complete
Appendix to Title 5, Government Organiza-
"subchapters II and III of this chapter".
and Adm.News, p. 2183.
classification of this Act to the Code, see
tion and Employees.
Legislative History. For legislative history
Short Title note set out under section 2000a
1981 Amendment. Subsec. (c)(2). Pub.L.
and purpose of Pub.L. 93-113, see 1973 U.S.
of this title and Tables volume.
97-35 substituted reference to the Secretary
The Age Discrimination Act of 1975, re-
of Health and Human Services for references
ferred to in subsecs. (a) and (c), is Pub.L.
to the Secretary of Health and Human Re-
§ 5059. Legal expenses
94-135, Title III, Nov. 28, 1975, 89 Stat. 728,
sources and the Secretary of Health, Educa-
Notwithstanding any other provision of law and pursuant to regulations
as amended, which is classified generally to
tion, and Welfare.
chapter 76 (section 6101 et seq.) of this title.
which the Director shall prescribe, counsel may be employed and counsel
For complete classification of this Act to the
1979 Amendment. Subsec. (a). Pub.L.
fees, court costs, bail, and other expenses incidental to the defense of volun-
Code, see Short Title note set out under sec-
96-143, § 12(a), inserted "handicap," follow-
tion 6101 of this title and Tables volume.
ing "age," and added provisions requiring
teers may be paid in judicial or administrative proceedings to which full-
that for purposes of this subsection, and for
time volunteers (or part-time volunteers when such proceeding arises direct-
The Rehabilitation Act of 1973, referred to
purposes of Title VI of the Civil Rights Act
ly out of the performance of activities pursuant to this chapter or section
in subsec. (c), is Pub.L. 93-112, Sept. 26,
of 1964, section 794 of Title 29, and the Age
637(b)(1) of Title 15) serving under this chapter have been made parties.
1973, 87 Stat. 355, as amended. Title V of
Discrimination Act of 1975, any program,
the Rehabilitation Act of 1973 is classified
project, or activity to which volunteers are as-
(Pub.L. 93-113, Title IV, § 419, Oct. 1, 1973, 87 Stat. 413.)
generally to subchapter V (section 790 et seq.)
signed under this chapter be deemed to be re-
of chapter 16 of Title 29, Labor. Section 504
ceiving Federal financial assistance.
Historical Note
of such Act, referred to in subsec. (a), is clas-
sified to section 794 of Title 29. Section
Subsec. (c). Pub.L. 96-143, § 12(b), add-
References in Text. This chapter, referred
to 2992b, 2993 to 2993b, 2994 to 2994d, and
501(a) of such Act, referred to in subsec. (c),
ed subsec. (c).
to in text, in the original read "this Act"
3044 to 3044e of this title, and enacted provi-
is classified to section 791(a) of Title 29. For
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
sions set out as notes under sections 4951 and
Legislative History. For legislative history
396, known as the Domestic Volunteer Ser-
5041 of this title.
complete classification of this Act to the
and purpose of Pub.L. 93-113, see 1973 U.S.
vice Act of 1973, which enacted this chapter,
Code, see Short Title note set out under sec-
Code Cong. and Adm.News, p. 2155. See,
amended section 3067 of this title and section
Legislative History. For legislative history
tion 701 of Title 29 and Tables volume.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
8332 of Title 5, Government Organization
and purpose of Pub.L. 93-113, see 1973 U.S.
The Peace Corps Act, referred to in subsec.
and Adm.News, p. 2183; Pub.L. 97-35, 1981
and Employees, repealed sections 2991, 2992
Code Cong. and Adm.News, p. 2155.
(c)(1), is Pub.L. 87-293, Sept. 22, 1961, 75
U.S.Code Cong. and Adm.News, p. 396.
Code of Federal Regulations
West's Federal Forms
Payment procedures, see 45 CFR 1220.1-1 et seq.
Complaints, see §§ 1850.5 to 1850.15.
§
5060. Requirements for prescribing regulations
Code of Federal Regulations
(a) Definitions
Program requirements, see 45 CFR 1203.1 et seq.
For purposes of this section-
Library References
(1) the term "regulation" means any rule, regulation, guideline, in-
Civil Rights 9.5.
C.J.S. Civil Rights §§ 56 to 58.
terpretation, order, or requirement of general applicability prescribed
by the Director pursuant to this chapter; and
(2) the term "Committees" means the Committee on Education and
§
5058. Eligibility for other benefits
Labor of the House of Representatives and the Committee on Labor
and Human Resources of the Senate.
Notwithstanding any other provision of law, no payment for supportive
services or reimbursement of out-of-pocket expenses made to persons serv-
(b) Citations
ing 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 unem-
Regulations prescribed by the Director or by any other officer of the AC-
ployment, temporary disability, retirement, public assistance, or similar ben-
TION Agency, in connection with, or affecting, the administration of any
T. 42USCA §§ 4541 to 6500-9
217
216
42 § 5
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
program carried out under this chapter shall contain, immediately following
this subsection cannot be met, the Director shall submit a notice of such
each substantive provision of such regulations, citations to the particular
determination, including a statement of the reasons therefor, to the Commit-
section or sections of statutory law or other legal authority upon which such
tees and shall submit a new schedule which shall then be considered, for the
provision is based.
purposes of this subsection, as the schedule originally submitted in connec-
tion with the enactment of the Act involved.
(c) Publication in Federal Register; effective date; opportunity to comment
(Pub.L. 93-113, Title IV, § 420, Oct. 1, 1973, 87 Stat. 414; Pub.L. 96-143, § 13(a),
(1) Except as provided in paragraph (2)(B) of this subsection, no pro-
Dec. 13, 1979, 93 Stat. 1080.)
posed regulation prescribed pursuant to this chapter for the administration
Historical Note
of any program carried out under this chapter may take effect until 30 cal-
endar days after it is published in the Federal Register.
References in Text. This chapter, referred
1979 Amendment. Pub.L. 96-143 substi-
to in text, in the original read "this Act"
tuted provisions relating to requirements for
(2)(A) During the 30-day period before the date upon which such regula-
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
prescribing regulations for provisions requir-
tion is to be effective, the Director shall, in accordance with the provisions
396, known as the Domestic Volunteer Ser-
ing all rules, regulations, guidelines, instruc-
of section 553 of Title 5, offer any interested party an opportunity to make
vice Act of 1973, which enacted this chapter,
tions, and application forms published or
amended section 3067 of this title and section
promulgated pursuant to this chapter to be
comment upon, and take exception to, such regulation and shall reconsider
8332 of Title 5, Government Organization
published in the Federal Register at least 30
any such regulation upon which comment is made or to which exception is
and Employees, repealed sections 2991, 2992
days prior to their effective date.
taken.
to 2992b, 2993 to 2993b, 2994 to 2994d, and
Legislative History. For legislative history
3044 to 3044e of this title, and enacted provi-
and purpose of Pub.L. 93-113, see 1973 U.S.
(B) If the Director determines that the 30-day requirement in paragraph
sions set out as notes under sections 4951 and
Code Cong. and Adm.News, p. 2155. See,
(1) of this subsection would cause undue delay in the implementation of a
5041 of this title.
also, Pub.L. 96-143, 1979 U.S.Code Cong.
regulation, thereby causing substantial hardship for the intended benefi-
and Adm.News, p. 2183.
ciaries of any program carried out under this chapter, the Director may
waive the application of such requirement and shall immediately submit a
notice of such determination and waiver, including a statement of the rea-
§ 5061. Definitions
sons therefor, to the Committees.
For the purposes of this chapter-
(1) the term "Director" means the Director of the ACTION agency;
(d) Transmission of copy of regulation to Congress; hardship exception
(2) the terms "United States" and "States" mean the several States,
Concurrently with the publication in the Federal Register of any final
the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and
regulation, a copy of such final regulation shall be transmitted to the Speak-
American Samoa and, for the purposes of subchapter II of this chapter,
er of the House of Representatives and the President of the Senate. Except
the Trust Territory of the Pacific Islands;
as is provided in the following sentence, no such final regulation may take
VETERANS ADMINISTRA"
effect until 45 calendar days after such transmission. If the Director deter-
(3) the term "nonprofit" as applied to any agency, institution, or or-
mines that such 45-day requirement would cause undue delay in the imple-
ganization means an agency, institution, or organization which is, or is
mentation of the regulation, thereby causing substantial hardship for the in-
owned and operated by, one or more corporations or associations no
tended beneficiaries of any program carried out under this chapter, the
part of the net earnings of which inures, or may lawfully inure, to the
Director may waive the application of such requirement and shall promptly
benefit of any private shareholder or individual; and
submit a notice of such determination and waiver, including a statement of
(4) the term "poor" or "low-income" persons, individuals, or volun-
the reasons therefor, to the Committees.
teers means such individuals whose incomes fall at or below the poverty
line as set forth in section 2971d of this title: Provided, That in deter-
(e) Schedule of final regulations
mining who is "poor" or "low-income", the Director shall take into
Not later than 60 days after the date of the enactment of any Act affect-
consideration existing poverty guidelines as appropriate to local situa-
ing the administration of any program carried out under this chapter, the
tions.
Director shall submit to the Committees a schedule in accordance with
(Pub.L. 93-113, Title IV, § 421, Oct. 1, 1973, 87 Stat. 414.)
which the Director has planned to prescribe final regulations implementing
such Act or part of such Act. Such schedule shall provide that all such
Historical Note
final regulations shall be prescribed not later than 180 days after the submis-
References in Text. This chapter, referred
tle and section 8332 of Title 5, Government
sion of such schedule. Except as is provided in the following sentence, all
to in introductory clause in the original read
Organization and Employees, repealed sec-
"this Act" meaning Pub.L. 93-113, Oct. 1,
tions 2991, 2992 to 2992b, 2993 to 2993b,
such final regulations shall be prescribed in accordance with such schedule.
1973, 87 Stat. 396, known as the Domestic
2994 to 2994d, and 3044 to 3044e of this title,
If the Director determines that, due to circumstances unforeseen at the time
Volunteer Service Act of 1973, which enacted
and enacted provisions set out as notes under
of the submission of any such schedule, the schedule submitted pursuant to
this chapter, amended section 3067 of this ti-
sections 4951 and 5041 of this title.
218
219
42 § 5
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
42
Section 2971d of this title, referred to in
Legislative History. For legislative history
par. (4), was repealed by Pub.L. 97-35, Title
and purpose of Pub.L. 93-113, see 1973 U.S.
Historical Note
VI, § 683(a), Aug. 13, 1981, 95 Stat. 519.
Code Cong. and Adm.News, p. 2155.
References in Text. This chapter, referred
tions 2991, 2992 to 2992b, 2993 to 2993b,
to in text, in the original read "this Act"
2994 to 2994d, and 3044 to 3044e of this title,
§ 5062. Audit
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
and enacted provisions set out as notes under
396, as amended, known as the Domestic
sections 4951 and 5041 of this title.
(a) Recordkeeping
Volunteer Service Act of 1973, which enacted
this chapter, amended section 3067 of this ti-
Legislative History. For legislative history
Each recipient of Federal grants, subgrants, contracts, subcontracts, or
tle and section 8332 of Title 5, Government
and purpose of Pub.L. 96-143, see 1979 U.S.
loans entered into under this chapter other than by formal advertising, and
Organization and Employees, repealed sec-
Code Cong. and Adm.News, p. 2183.
which are otherwise authorized by this chapter, shall keep such records as
the Director 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
§ 5064. Review of project renewals
assistance is given or used, the amount of that portion of the cost of the
If the executive authority of any State or local government submits to the
project or undertaking supplied by other sources, and such other records as
Director, not later than 30 days before the expiration of any contract or
will facilitate an effective audit.
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
(b) Access to books, documents, papers, and records; limitations
such statement and take it into account in determining whether to renew
The Director and the Comptroller General of the United States, or any of
such contract or grant; and (2) submit to such executive authority a written
their duly authorized representatives, shall, until the expiration of three
statement of reasons regarding the Director's determination with respect to
years after completion of the project or undertaking referred to in subsection
such renewal and specifically with respect to any objection so submitted.
(a) of this section, have access for the purpose of audit and examination to
(Pub.L. 93-113, Title IV, § 424, as added Pub.L. 96-143, § 14(a), Dec. 13, 1979, 93
any books, documents, papers, and records of such recipients which in the
Stat. 1081.)
opinion of the Director or the Comptroller General may be related or perti-
nent to the grants, contracts, subcontracts, subgrants, or loans referred to in
Historical Note
subsection (a) of this section.
(Pub.L. 93-113, Title IV, § 422, Oct. 1, 1973, 87 Stat. 414.)
References in Text. This chapter, referred
tions 2991, 2992 to 2992b, 2993 to 2993b,
to in text, in the original read "this Act"
2994 to 2994d, and 3044 to 3044e of this title,
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
and enacted provisions set out as notes under
Historical Note
396, as amended, known as the Domestic
sections 4951 and 5041 of this title.
2991, 2992 to 2992b, 2993 to 2993b, 2994 to
Volunteer Service Act of 1973, which enacted
References in Text. This chapter, referred
to in subsec. (a), in the original read "this
2994d, and 3044 to 3044e of this title, and en-
this chapter, amended section 3067 of this ti-
Legislative History. For legislative history
tle and section 8332 of Title 5, Government
and purpose of Pub.L. 96-143, see 1979 U.S.
Act" meaning Pub.L. 93-113, Oct. 1, 1973,
acted provisions set out as notes under sec-
87 Stat. 396, known as the Domestic Volun-
Organization and Employees, repealed sec-
Code Cong. and Adm.News, p. 2183.
tions 4951 and 5041 of this title.
teer Service Act of 1973, which enacted this
chapter, amended section 3067 of this title
Legislative History. For legislative history
and section 8332 of Title 5, Government Or-
and purpose of Pub.L. 93-113, see 1973 U.S.
ganization and Employees, repealed sections
Code Cong. and Adm.News, p. 2155.
SUBCHAPTER V-AUTHORIZATION OF APPROPRIATIONS
5063. Reduction of paperwork
§ 5081. National Volunteer Antipoverty Programs
There is authorized to be appropriated to carry out subchapter I of this
In order to reduce unnecessary, duplicative, or disruptive demands for
information, the director, in consultation with other appropriate agencies
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
and organizations, shall continually review and evaluate all requests for in-
formation made under this chapter and take such action as may be necessa-
$16,000,000 shall first be available for carrying out part A of subchapter I of
ry to reduce the paperwork required under this chapter. The Director shall
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
request only such information as the Director deems essential to carry out
the purposes and provisions of this chapter.
year 1983.
(Pub.L. 93-113, Title IV, § 423, as added Pub.L. 96-143, § 14(a), Dec. 13, 1979, 93
(Pub.L. 93-113, Title V, § 501, Oct. 1, 1973, 87 Stat. 415; Pub.L. 94-293, § 6(a),
Stat. 1081.)
May 27, 1976, 90 Stat. 526; Pub.L. 96-143, § 15(a), (b), Dec. 13, 1979, 93 Stat.
1082; Pub.L. 97-35, Title VI, § 607(a), Aug. 13, 1981, 95 Stat. 486.)
220
221
42 §
PUBLIC HEALTH AND WELFARE
CH. 66 DOMESTIC VOLUNTEER SERVICES
84
1975 Amendment. Subsec. (a). Pub.L.
fiscal years ending Sept. 30, 1977, and 1978,
Historical Note
94-135, § 205(a)(1), authorized appropria-
in cl. (B).
tions of $6,000,000 for period beginning July
1981 Amendment. Pub.L. 97-35 substitut-
1976 Amendment. Subsec. (a). Pub.L.
Effective Date of 1978 Amendment.
1, 1976, and ending Sept. 30, 1976, and
ed provisions relating to authorization and
94-293 added "September 30, 1977, and Sep-
$22,000,000 for fiscal years ending Sept. 30,
Amendment by Pub.L. 95-478 effective at the
availability of funds for fiscal years 1982, and
tember 30, 1978," following "June 30, 1976".
close of Sept. 30, 1978, see section 504 of
1977, and 1978.
1983, for provisions relating to authorization
Pub.L. 95-478, set out as an Effective Date of
and availability of funds for the fiscal year
Additional Appropriations Authorization.
Subsec. (b). Pub.L. 94-135, § 205(a)(2),
1978 Amendment note under section 3001 of
ending June 30, 1974, through the fiscal year
Additional appropriations authorization for
authorized appropriations of $10,750,000 for
this title.
ending Sept. 30, 1981.
meeting increase in stipend to volunteers un-
period beginning July 1, 1976, and ending
der section 4955(a)(1) of this title, see section
Sept. 30, 1976, and $43,000,000 for fiscal
Legislative History. For legislative history
1979 Amendment. Subsec. (a). Pub.L.
5(b) of Pub.L. 94-130, set out as a note under
years ending Sept. 30, 1977, and 1978, in in-
and purpose of Pub.L. 93-113, see 1973 U.S.
96-143, § 15(a), inserted "September 30,
section 4955 of this title.
troductory text; $8,750,000 for period begin-
Code Cong. and Adm.News, p. 2155. See,
1979, September 30, 1980, and September 30,
ning July 1, 1976, and ending Sept. 30, 1976,
also, Pub.L. 94-135, 1975 U.S.Code Cong.
1981," following "September 30, 1978," and
Legislative History. For legislative history
and $35,000,000 for fiscal years ending Sept.
and Adm.News, p. 1252; Pub.L. 95-478,
substituted "this section for the purpose of
and purpose of Pub.L. 93-113, see 1973 U.S.
30, 1977, and 1978, in cl. (A); and
1978 U.S.Code Cong. and Adm.News, p.
carrying out subchapter I of this chapter" for
Code Cong. and Adm.News, p. 2155. See,
$2,000,000 for period beginning July 1, 1976,
3388; Pub.L. 97-35, 1981 U.S.Code Cong.
"this subchapter".
also, Pub.L. 96-143, 1979 U.S.Code Cong.
and ending Sept. 30, 1976, and $8,000,000 for
and Adm.News, p. 396.
Subsec. (c). Pub.L. 96-143, § 15(b), add-
and Adm.News, p. 2183; Pub.L. 97-35, 1981
ed subsec. (c).
U.S.Code Cong. and Adm.News, p. 396.
§ 5083. Repealed. Pub.L. 95-510, § 102(b), Oct. 24, 1978, 92
Library References
Stat. 1781
Social Security and Public Welfare as.
C.J.S. Social Security and Public Welfare
United States 82(4).
§§ 6,7.
Historical Note
C.J.S. United States § 122.
Section, Pub.L. 93-113, Title V, § 503,
Effective Date of Repeal. Repeal of sec-
Oct. 1, 1973, 87 Stat. 415; Pub.L. 94-293,
tion effective Oct. 1, 1979, see section 105 of
§ 5082. National Older Americans Volunteer Programs
§ 6(b), May 27, 1976, 90 Stat. 526, author-
Pub.L. 95-510, set out as an Effective Date of
ized appropriations for national volunteer
1978 Amendment note under section 634 of
Title 15, Commerce and Trade.
(a) There is authorized to be appropriated $28,691,000 for fiscal year
programs to assist small businesses and pro-
mote volunteer service by persons with busi-
1982 and $30,412,000 for fiscal year 1983, for the purpose of carrying out
ness experience.
programs under part A of subchapter II of this chapter.
(b) There is authorized to be appropriated $49,670,000 for fiscal year
1982 and $52,650,000 for fiscal year 1983, for the purpose of carrying out
§
5084. Administration and coordination
programs under part B of subchapter II of this chapter.
There is authorized to be appropriated for the administration of this chap-
ter, as authorized in subchapter IV of this chapter, $30,091,000 for fiscal
(c) There is authorized to be appropriated $16,610,000 for fiscal year
year 1982 and $29,348,000 for fiscal year 1983.
1982 and $17,607,000 for fiscal year 1983, for the purpose of carrying out
part C of subchapter II of this chapter.
(Pub.L. 93-113, Title V, § 504, Oct. 1, 1973, 87 Stat. 416; Pub.L. 94-293, § 6(c),
May 27, 1976, 90 Stat. 526; Pub.L. 96-143, § 15(c), Dec. 13, 1979, 93 Stat. 1082;
(Pub.L. 93-113, Title V, § 502, Oct. 1, 1973, 87 Stat. 415; Pub.L. 94-135, Title II,
Pub.L. 97-35, Title VI, § 607(c), Aug. 13, 1981, 95 Stat. 487.)
§ 205(a), Nov. 28, 1975, 89 Stat. 727; Pub.L. 95-478, Title IV, § 402(d), Oct. 18,
1978, 92 Stat. 1558; Pub.L. 97-35, Title VI, § 607(b), Aug. 13, 1981, 95 Stat. 486.)
Historical Note
References in Text. This chapter, referred
ending June 30, 1974, through the fiscal year
Historical Note
to in text, in the original read "this Act"
ending Sept. 30, 1981.
1981 Amendment. Subsec. (a). Pub.L.
Subsec. (c). Pub.L. 97-35, § 607(b) added
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
1979 Amendment. Pub.L. 96-143 inserted
97-35, § 607(b)(1), substituted provisions au-
subsec. (c).
396, known as the Domestic Volunteer Ser-
"September 30, 1979, September 30, 1980,
thorizing appropriations for the fiscal years
vice Act of 1973, which enacted this chapter,
1978 Amendment. Subsec. (a). Pub.L.
and September 30, 1981," following "Septem-
1982 and 1983, for provisions authorizing ap-
amended section 3067 of this title and section
ber 30, 1978,".
propriations for the fiscal year ending June
95-478, § 402(d)(1), authorized appropria-
8332 of Title 5, Government Organization
30, 1974, through the fiscal year ending Sept.
tions of $25,000,000; $30,000,000; and
and Employees, repealed sections 2991, 2992
1976 Amendment. Pub.L. 94-293 added
30, 1981.
$35,000,000 for fiscal years ending Sept. 30,
to 2992b, 2993 to 2993b, 2994 to 2994d, and
"September 30, 1977, and September 30,
1979, through 1981.
3044 to 3044e of this title, and enacted provi-
1978," following "June 30, 1976,".
Subsec. (b). Pub.L. 97-35, § 607(b)(2),
substituted provisions authorizing appropria-
Subsec. (b)(2). Pub.L. 95-478,
sions set out as notes under sections 4951 and
Legislative History. For legislative history
tions for fiscal years 1982 and 1983, for provi-
402(d)(2), authorized appropriations of
5041 of this title.
and purpose of Pub.L. 93-113, see 1973 U.S.
sions relating to authorization, availability,
$55,000,000; $62,500,000; and $70,000,000
1981 Amendment. Pub.L. 97-35 substitut-
Code Cong. and Adm.News, p. 2155. See,
and allocation of appropriations from the fis-
for fiscal years ending Sept. 30, 1979, through
ed provisions authorizing appropriations for
also, Pub.L. 96-143, 1979 U.S.Code Cong.
cal year ending June 30, 1974, through the
1981, for carrying out part B programs of the
fiscal years 1982 and 1983, for provisions au-
and Adm.News, p. 2183; Pub.L. 97-35, 1981
fiscal year ending Sept. 30, 1981.
subchapter.
thorizing appropriations for the fiscal year
U.S.Code Cong. and Adm.News, p. 396.
222
223
42 $
PUBLIC HEALTH AND WELFARE
§ 5085.
Availability of appropriations
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 predeces-
sor authority shall remain available, in accordance with the provisions of
this chapter, for obligation and expenditure until expended.
(Pub.L. 93-113, Title V, § 505, Oct. 1, 1973, 87 Stat. 416.)
Historical Note
References in Text. This chapter, referred
tions 2991, 2992 to 2992b, 2993 to 2993b,
to in text, in the original read "this Act"
2994 to 2994d, and 3044 to 3044e of this title,
meaning Pub.L. 93-113, Oct. 1, 1973, 87 Stat.
and enacted provisions set out as notes under
396, as amended, known as the Domestic
sections 4951 and 5041 of this title.
Volunteer Service Act of 1973, which enacted
this chapter, amended section 3067 of this ti-
Legislative History. For legislative history
tle and section 8332 of Title 5, Government
and purpose of Pub.L. 93-113, see 1973 U.S.
Organization and Employees, repealed sec-
Code Cong. and Adm.News, p. 2155.
tio