per month during the volunteer's 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 who, in accordance with standards established in regulations which the Director shall prescribe, have been designated volunteer leaders on the basis of experience and special skills and a demonstrated leadership among volunteers. (2) Stipends shall be payable only upon completion of a period of service, except that in extraordinary circumstances the Director may from time to time advance all or a portion of the accrued stipend to or on behalf of a volunteer. In the event of the death of a volunteer during service, the amount of any unpaid stipend shall be paid in accordance with the provisions of section 5582 of Title 5. (b) Description of allowances and support services. The Director shall also provide volunteers such living, travel (including travel to and from places of training), and leave allowances, and such housing, supplies, equipment, subsistence, clothing, health and dental care, transportation, supervision, technical assistance, and such other support as he deems necessary and appropriate to carry out the purpose and provisions of this part, and shall insure that each such volunteer has available such allowances and support as will enable the volunteer to carry out the purpose and provisions of this part and to effectively perform the work to which such volunteer is assigned. (Pub. L. 93–113, title I, § 105, Oct. 1, 1973, 87 Stat. 398.) § 4956. Participation of program beneficiaries. To the maximum extent practicable, the people of the communities to be served by volunteers under this subchapter shall participate in planning, developing, and implementing programs thereunder, and the Director, after consultation with sponsoring agencies (including volunteers assigned to them) and the people served by such agencies, shall take all necessary steps to establish, in regulations he shall prescribe, a continuing mechanism for the meaningful participation of such program beneficiaries. (Pub. L. 93-113, title I, § 106, Oct. 1, 1973, 87 Stat. 398.) § 4957. Participation of older persons. In carrying out this part and part C of this subchapter, the Director shall take necessary steps, including the development of special projects, where appropriate, to encourage the fullest participation of older persons and older persons membership groups as volunteers and participant agencies in the various programs and activities authorized under such parts and, because of the high proportion of older persons within the poverty group, shall encourage the development of a variety of volunteer services to older persons, including special projects, to assure that such persons are served in proportion to their need. (Pub. L. 93-113, title I, § 107, Oct. 1, 1973, 87 Stat. 399.) PART B.-SERVICE-LEARNING PROGRAMS PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 5041, 5055 of this title. § 4971. Congressional statement of purpose. This part provides for the University Year for ACTION (UYA) program of full-time volunteer service by students enrolled in institutions of higher education, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems by enabling students at such cooperating institutions to perform meaningful and constructive volunteer service in connection with the satisfaction of such students' course work during their periods of service while attending such institutions, in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by persons afflicted with such problems. Its purpose further is to encourage other students and faculty members to engage, on a part-time, self-supporting basis, in such volunteer service and work along with volunteers serving under this part; and to promote participation by such institutions in meeting the needs of the poor in the surrounding community through expansion of service-learning programs and otherwise. Its purpose further is to provide for a program of parttime or short-term service-learning by secondary and post-secondary school students to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems. (Pub. L. 93-113, title I, § 111, Oct. 1, 1973, 87 Stat. 399.) § 4972. Authority to operate University Year for ACTION program; institutional benefits affecting stipend for volunteers. Except as otherwise provided in this part, the Director is authorized to conduct or make grants and contracts for, or both, programs to carry out the purposes of this part in accordance with the authorities and subject to the restrictions in the provisions of part A of this subchapter, except for the provisions of sections 4953 (d) and 4954(d) of this title, and except that the Director may, in accordance with regulations he shall prescribe, determine to reduce or eliminate the stipend for volunteers serving under this part on the basis of the value of benefits provided such volunteers by the institution in question (including the reduction or waiver of tuition). (Pub. L. 93–113, title I, § 112, Oct. 1, 1973, 87 Stat. 399.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4973 of this title. § 4973. Special conditions. (a) Academic credit. Volunteers serving under this part shall be enrolled for periods of service as provided for in subsection (b) of section 4954 of this title, and may receive academic credit for such service in accordance with the regulations of the sponsoring institution of higher education. (b) Participation of student volunteers and educational institutions. Grants to and contracts with institutions to administer programs under this part shall provide that prospective student volunteers shall participate substantially in the planning of such programs and that such institutions shall make available to the poor in the surrounding community all available facilities, including human resources, of such institutions in order to assist in meeting the needs of such poor persons. (c) Financial assistance limitation; commitment stipulations; monitoring of compliance with commitment; compliance information to Secretary. (1) In making grants or contracts for the administration of UYA programs under this part, the Director shall insure that financial assistance under this chapter to programs carried out pursuant to section 4972 of this title shall not exceed 90 per centum of the total cost (including planning costs) of such program during the first year and such amounts less than 90 per centum as the Director, in consultation with the institution, may determine for not more than four additional years, including years in which support was received under title VIII of the Economic Opportunity Act of 1964, as amended (sections 2991-2994d of this title). Each such grant or contract shall stipulate that the institution will make every effort to (A) assume an increasing proportion of the cost of continuing a program carrying out the purpose of this part while the institution receives support under this part: (B) waive or otherwise reduce tuition for participants in such program, where such waiver is not prohibited by law; (C) utilize students and faculty at such institution to carry out, on a self-supporting basis, appropriate planning for such programs; and (D) maintain similar service-learning programs after such institution no longer receives support under this part. (2) The Director shall take necessary steps to monitor the extent of compliance by such institutions with commitments entered into under paragraph (1) of this subsection and shall advise the Secretary of Health, Education, and Welfare of the extent of each such institution's compliance. (Pub. L. 93-113, title I, § 113, Oct. 1, 1973, 87 Stat. 399.) REFERENCE IN TEXT Title VII of the Economic Opportunity Act of 1964, as amended, referred to in subsec. (c) (1), was repealed by section 603 of Pub. L. 93-113, was formerly classified to sections 2991, 2992, to 2992b, 2993 to 2993b, and 2994 to 2994d of this title, and is now covered by this chapter. For specific successor sections to the repealed provisions, ese Distribution Table set out under such former sections. § 4974. Special service-learning programs. (a) Financial assistance limitation for programs and projects described in section 4953 (a) and (c) of this title. Of the funds appropriated for the operation of programs under this part, up to 10 per centum may be used, notwithstanding any other provisions of this part, to encourage and enable students in secondary, secondary vocational, and post-secondary schools to participate in service-learning programs on an in- or out-of-school basis in assignment of a character and on such terms and conditions as described in subsections (a) and (c) of section 4953 of this title. (b) Federal employee status prohibition. Persons serving as volunteers under this section shall not be deemed to be Federal employees for any purpose. (c) Living and other support or allowances. The Director may provide volunteers serving under this section a living allowance and only such other support or allowances as he determines, pursuant to regulations which he shall prescribe, are required because of unusual or special circumstances affecting the program. (Pub. L. 93-113, title I, § 114, Oct. 1, 1973, 87 Stat. 400.) PART C.-SPECIAL VOLUNTEER PROGRAMS PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 4957, 5055 of this title. § 4991. Congressional statement of purpose. This part provides for special emphasis and demonstration volunteer programs, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen and supplement efforts to meet a broad range of human, social, and environmental needs, particularly those related to poverty, by encouraging and enabling persons from all walks of life and from all age groups to perform meaningful and constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may help to meet such needs. (Pub. L. 93-113, title I, § 121, Oct. 1, 1973, 87 Stat. 400.) § 4992. Authority to establish and operate special volunteer programs or demonstration programs. (a) Youthful offender incarceration alternatives; veterans educational opportunities; drug abusers counseling; periods of service; identification of segments of poverty community which could benefit from volunteer and other antipoverty efforts. The Director is authorized to conduct or make grants or contracts, or both, for special volunteer programs or demonstration programs (such as but not limited to a program to provide alternatives to the incarceration of youthful offenders; a program to promote educational opportunities for veterans; and a program to provide community-based peer group outreach and counseling for drug abusers) designed to stimulate and initiate improved methods of providing volunteer services, to encourage wider volunteer participation on a full-time, part-time, or shortterm basis to further the purpose of this part, and to identify particular segments of the poverty community which could benefit from volunteer and other antipoverty efforts. (b) Assignment of volunteers; terms and conditions. Except as provided in subsection (c) of this section, assignment of volunteers under this section shall be on such terms and conditions as the Director shall determine, pursuant to regulations which he shall prescribe. (c) Allowances and stipends; extent and amount. The Director, in accordance with regulations he shall prescribe, may provide to persons serving as full-time volunteers in a program of at least one year's duration under this part such allowances and stipends, to the extent and in amounts not in excess of those authorized to be provided under part A of this subchapter, as he determines are necessary to carry out the purpose of this part. (Pub. L. 93-113, title I, § 122, Oct. 1, 1973, 87 Stat. 401.) SUBCHAPTER II.-NATIONAL OLDER AMERI- PART A.-RETIRED SENIOR VOLUNTEER PROGRAM PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 5082 of this title. § 5001. Grants and contracts for volunteer service projects. (a) Approval of programs; rules and regulations. In order to help retired persons to avail themselves of opportunities for volunteer service in their community, the Director is authorized to make grants to State agencies (established or designated pursuant to section 3024 (a) (1) of this title) or grants to or contracts with other public and nonprofit private agencies and organizations to pay part or all of the costs for the development or operation, or both, of volunteer service programs under this section, if he determines, in accordance with regulations he shall prescribe, that (1) volunteers will not be reimbursed for other than transportation, meals, and other out-ofpocket expenses incident to the provision of services under this part; (2) only individuals aged sixty or over will be enrolled as volunteers to provide services under this part (except for administrative purposes), and such services will be performed in the community where such individuals reside or in nearby communities either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private nonprofit organizations (other than political parties), other than projects involving the construction, operation, or maintenance of so much of any facility used or to be used for sectarian instruction or as a place for religious worship; (3) the program includes such short-term training as may be necessary to make the most effective use of the skills and talents of participating volunteers and individuals, and provide for the payment of the reasonable expenses of such volunteers while undergoing such training; and (4) the program is being established and will be carried out with the advice of persons competent in the field of service involved, and of persons with interest in and knowledge of the needs of older persons. (b) Conditions upon award of grant or contract. The Director shall not award any grant or contract under this part for a project in any State to any agency or organization unless, if such State has a State agency established or designated pursuant to section 3024 (a) (1) of this title, such agency itself is the recipient of the award or such agency has been afforded at least sixty days in which to review the project application and make recommendations thereon. (Pub. L. 93-113, title II, § 201, Oct. 1, 1973, 87 Stat. 401.) PART B.-FOSTER GRANDPARENT PROGRAM AND OLDER PART REFERRED TO IN OTHER SECTIONS § 5011. Grants and contracts for volunteer service projects. (a) Foster grandparent projects; amount. The Director is authorized to make grants to or contracts with public and nonprofit private agencies and organizations to pay part or all of the cost of development and operation of projects (including direct payments to volunteers serving under this part) designed for the purpose of providing opportunities for low-income persons aged sixty or over to serve as volunteers to provide supportive person-toperson services in health, education, welfare, and related settings to children having exceptional needs, including services by volunteers serving as "foster grandparents" to children receiving care in hospitals, homes for dependent and neglected children, or other establishments providing care for children with special needs. The Director may approve assistance in excess of 90 per centum of the costs of the development and operation of such projects only if he determines, in accordance with regulations he shall prescribe establishing objective criteria, that such action is required in furtherance of the purpose of this section. Provision for such assistance shall be effective as of September 19, 1972. In the case of any project with respect to which, prior to such date, a grant or contract has been made under section 3044b (a) of this title or with respect to any project under the Foster Grandparent program in effect prior to September 17, 1969, contributions in cash or in kind from the Bureau of Indian Affairs, Department of the Interior, toward the cost of the project may be counted as part of the cost thereof which is met from non-Federal sources. (b) Services as senior health aides and senior companions. The Director is also authorized to make grants or contracts to carry out the purpose described in subsection (a) of this section in the case of persons (other than children) having exceptional needs, including services by volunteers serving as "senior health aides" to work with persons receiving home health care, nursing care, or meals on wheels or other nutritional services, and as "senior companions" to persons having developmental disabilities or other special needs for companionship. (Pub. L. 93– 113, title II, § 211, Oct. 1, 1973, 87 Stat. 402.) REFERENCES IN TEXT Section 3044b of this title, referred to in subsec. (a). related to grants and contracts for Foster Grandparent projects and for services as senior health aides and senior companions, amount of award, method of payment, and exclusion as income of compensation to individual volunteers, was repealed by section 604 (a) of Pub. L. 93-113, and is now covered by this section and sections 5022 and 5058 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5082 of this title. § 5012. Conditions of grants and contracts; "community action agency" defined. (a) (1) In carrying out this part, the Director shall insure that volunteers receiving assistance in any project are older persons of low income who are no longer in the regular work force. (2) The Director shall not award a grant or contract under this part which involves a project proposed to be carried out throughout the State or over an area more comprehensive than one community unless (A) the State agency established or designated under section 3024(a) (1) of this title is the applicant for such grant or contract or, if not, such agency has been afforded a reasonable opportunity to apply for and receive such award and to administer or supervise the administration of the project; and (B) in cases in which such agency is not the grantee or contractor (including cases to which clause (A) applies but in which such agency has not availed itself of the opportunity to apply for and receive such award), the application contains or is supported by satisfactory assurances that the project has been developed, and will to the extent appropriate to be conducted, in consultation with, or with the participation of, such agency. (3) The Director shall not award a grant or contract under this part which involves a project proposed to be undertaken entirely in a community served by a community action agency unless (A) such agency is the applicant for such grant or contract or, if not, such agency has been afforded a reasonable opportunity to apply for and receive such award and to administer or supervise the administration of the project; (B) in cases in which such agency is not the grantee or contractor (including cases to which clause (A) applies but in which such agency has not availed itself of the opportunity to apply for and receive such award), the application contains or is supported by satisfactory assurances that the project has been developed, and will to the extent appropriate be conducted in consultation with, or with the participation of, such agency; and (C) if such State has a State agency established or designated pursuant to section 3024 (a)(1) of this title, such agency has been afforded at least forty-five days in which to review the project application and make recommendations thereon. (b) The term "community action agency" as used in this section means a community action agency as defined in title II of the Economic Opportunity Act of 1964, as amended (sections 2781-2837 of this title). (Pub. L. 93-113, title II, § 212, Oct. 1, 1973, 87 Stat. 402.) PART C.-GENERAL PROVISIONS § 5021. Coordination with other Federal programs. In carrying out this subchapter, the Director shall consult with the Office of Economic Opportunity, the Departments of Labor and Health, Education, and Welfare, and any other Federal agencies administering relevant programs with a view to achieving optimal coordination with such other programs, and shall promote the coordination of projects under this subchapter with other public or private programs or projects carried out at State and local levels. Such Federal agencies shall cooperate with the Director in disseminating information about the availability of assistance under this subchapter and in promoting the identification and interest of low-income and other older persons whose services may be utilized in projects under this subchapter. (Pub. L. 93-113, title II, § 221, Oct. 1, 1973, 87 Stat. 403.) § 5022. Payments; adjustments; advances or reimbursement; installments; conditions. Payments under this subchapter pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions, as the Director may determine. (Pub. L. 93-113, title II, § 222, Oct. 1, 1973, 87 Stat. 403.) § 5023. Minority group participation. The Director shall take appropriate steps to insure that special efforts are made to recruit, select, and assign qualified individuals sixty years and older from minority groups to serve as volunteers under this subchapter. (Pub. L. 93–113, title II, § 223, Oct. 1, 1973, 87 Stat. 404.) SUBCHAPTER III.-NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSINESS EXPERIENCE SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 5058, 5083 of this title. § 5031. Congressional statement of purpose. This subchapter provides for programs in which persons with business experience volunteer to assist persons, especially those who are economically disadvantaged, engaged in, or who seek to engage in, small business enterprises, and to make available their expertise as volunteers in programs authorized by, or of a character eligible for assistance under, this chapter, the Economic Opportunity Act of 1964, as amended (chapter 34 of this title) (particularly subchapter VII thereof), or the Small Business Act (chapter 14A of Title 15). The purpose of this title is to utilize the skills and expertise of persons with business experience to assist persons in, or seeking to enter, business enterprises, or to carry out management and financial counseling activities in furtherance of the purposes of this chapter. (Pub. L. 93-113, title III, § 301, Oct. 1, 1973, 87 Stat. 404.) § 5032. Authority to establish, coordinate, and operate programs. (a) Volunteer program inclusion of Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE); direction of Administrator of financial or management counseling assistance from Small Business Administration. The Director is authorized to establish and conduct, and to recruit, select, and train volunteers for (and to make grants or enter into contracts therefor), volunteer programs, including a Service Corps of Retired Executives (SCORE) and an Active Corps of Executives (ACE) and programs in which SCORE and ACE volunteers expand the application of their expertise beyond Small Business Administration clients, to carry out the purpose of this subchapter: Provided, however, That the services of volunteers who are assisting persons or enterprises seeking to obtain, or receiving, financial or management counseling assistance from the Small Business Administration shall be performed under the direction of the Administrator of the Small Business Administration (hereinafter referred to in this subchapter as the "Administrator") pursuant to section 637(b)(1) of Title 15. (b) Assignment of volunteers; terms and conditions. The assignment of volunteers engaged in programs under this subchapter shall be on such terms and conditions as the Director may determine, except that he shall prescribe such terms and conditions in agreement with the Administrator with respect to the service of volunteers described in the proviso in subsection (a) of this section. (c) Federal employee status for purpose of Federal tort claims; expenses, reimbursement; travel expenses; Small Business Administration loan applicants service prohibition. (1) Such volunteers, while carrying out activities under this subchapter and section 637(b)(1), of Title 15, shall be deemed Federal employees for the purpose of the Federal tort claims provisions in Title 28. (2) The Director is authorized to reimburse such volunteers only for such necessary out-of-pocket expenses incident to their provision of services under this chapter as he shall determine, in accordance with regulations which he shall prescribe, and, while they are carrying out such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of Title 5 for individuals serving without pay. (3) Such volunteers shall in no way (A) participate for the benefit of the Small Business Administration (rather than on behalf of their clients) in any screening or evaluation activities in connection with applications for loans from such Administration, or (B) provide services to a client of such Administration with a delinquent loan outstanding, except upon a specific request signed by such client for assistance in connection with such matter. (d) Cooperation of Small Business Administration and ACTION Agency in making office facilities and supplies available. The Director and the Administrator shall cooperate in order to make available to such volunteers, or groups thereof, such use of the office facilities and related supplies, materials, and services of the Small Business Administration and the ACTION Agency as they deem appropriate to assist such volunteers to carry out such activities, including authorized meetings of groups of volunteers. (e) Preferred application of subchapter provisions. Except as otherwise provided in this chapter, activities authorized to be carried out both by this subchapter and by section 637(b) (1) of Title 15 shall be carried out under this subchapter to the maximum extent feasible. (Pub. L. 93-113, title III, § 302, Oct. 1, 1973, 87 Stat. 404.) REFERENCES IN TEXT Federal tort claims provisions in Title 28, referred to in subsec. (c) (1), are classified to sections 1346 (b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure. SUBCHAPTER IV.-ADMINISTRATION AND COORDINATION SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 5084 of this title. § 5041. ACTION Agency; establishment; officials of ACTION Agency: Director, Deputy Director, Associate Director and Deputy Associate Directors for Domestic and Anti-Poverty Operations; Associate Director for International Operations, and Assistant Directors; appointment, compensation, and functions. There is hereby established in the executive branch of the Government an agency to be known as the ACTION Agency. Such Agency shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of Title 5. There shall also be in such agency a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of Title 5. The Deputy Director shall perform such functions as the Director shall from time to time prescribe, and shall act as Director of the ACTION Agency during the absence or disability of the Director. There shall also be in such agency two Associate Directors who shall be appointed by the President by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of Title 5. One such Associate Director shall be designed "Associate Director for Domestic and Anti-Poverty Operations" and shall carry out operational responsibility for all programs authorized under this chapter, and the other such Associate Director shall be designated "Associate Director for International Operations" and shall carry out operational responsibility for all programs authorized under the Peace Corps Act (section 2501 et seq. of Title 22). There shall also be in such agency no more than two Assistant Directors appointed by the President by and with the advice and consent of the Senate, who shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of Title 5. Each such Assistant Director shall perform such |