07 STAT. 393 80 Stat. 415. anoe. (e) The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing examiners appointed under this subsection. Technical assist- (f) The departments or agencies specified in subsection (a) of this section shall make available to the Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the Board may appoint such other advisers, technical experts, and consultants as it deems necessary to assist it in carrying out its functions under this section. Special advisory and technical experts and consultants appointed pursuant to this subsection shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the daily pay rate, for a person employed as a GS-18 under section 5332 of title 45, United States Code, including traveltime, and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently. 5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Report to Congress. Report to the Appropriation. Ante, p. 361. (g) The Board shall, at the end of each fiscal year, report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the Board, and the reports and recommendations described in clauses (5) and (6) of subsection (b) of this section. The Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers to handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Board shall, prior to January 1, 1975, submit each such report, together with its recommendations, to the President and the Congress. The Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after the date of enactment of this Act. (h) There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section $1,000,000 each for the fiscal years ending June 30, 1974, and June 30, 1975. EMPLOYMENT UNDER FEDERAL CONTRACTS SEC. 503. (a) Any contract in excess of $2.500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7(6). The provisions of this section shall apply to any subcontract in excess of $2.500 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. 87 STAT 394 (c) The requirements of this section may be waived, in whole or in Waiver part, by the President with respect to a particular contract or sub- authority. contract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. NONDISCRIMINATION UNDER FEDERAL GRANTS SEC. 504. No otherwise qualified handicapped individual in the United States, as defined in section 7(6), shall, solely by reason of his Ante, p. 361. handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Approved September 26, 1973. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-244 (Comm. on Education and Labor) and SENATE REPORTS: No. 93-318 accompanying S. 1875 (Comm. on Labor CONGRESSIONAL RECORD, Vol. 119 (1973): June 5, considered and passed House. July 18, considered and passed Senate, amended, in lieu of S. 1875. Sept. 13, Senate agreed to conference report. Sept. 18, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 9, No. 39: 93rd Congress, S. 1148 An Art To provide for the operation of programs by the ACTION Agency, to establish certain new such programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the Trated States of America in Congress assembled. That this Act, with Domestic the following table of contents, may be cited as the "Domestic Volun- Volunteer teer Service Act of 1973": TABLE OF CONTENTS TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS PART A-VOLUNTEERS IN SERVICE TO AMERICA Sec. 101. Statement of purpose Bee 102 Authority to operate VISTA program. Sec. 104. Terms and periods of service. See 108 Participation of beneficiaries. PART B-SERVICE-LEARNING PROGRAMS Sec. 111. Statement of purpose. Sec. 112. Authority to operate University Year for ACTION program. Sec. 114. Special service-learning programs. Service Act of 1973. PART C-SPECIAL VOLUNTEER PROGRAMS Sec. 121. Statement of purpose. Sec. 122. Authority to establish and operate programs. TITLE II—NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS PART A-RETIRED SENIOR VOLUNTEER PROGRAM Sec. 201. Grants and contracts for volunteer service projects. PART B-FOSTER GRANDPARENT PROGRAM AND OLDER AMERICAN COMMUNITY TITLE III-NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL Sec. 301. Statement of purpose. Sec. 302. Authority to establish, coordinate, and operate programs. TITLE IV-ADMINISTRATION AND COORDINATION Sec. 401. Establishment of agency. Sec. 402. Authority of the Director. Sec. 403. Political activities. Sec. 404. Special limitations. Sec. 405. National Voluntary Service Advisory Council. Sec. 406. Labor standards. Sec. 407. Reports. Sec. 408. Joint funding. Sec. 409. Prohibition of Federal control. Sec. 410. Coordination with other programs. 87 STAT. 394 87 STAT. 395 87 STAT, 395 87 STAT. 396 TABLE OF CONTENTS-Continued TITLE IV-ADMINISTRATION AND COORDINATION—Continued Sec. 411. Prohibition. Sec. 412. Notice and hearing procedures for suspension and termination of firancial assistance. Sec. 413. Duration of program. Sec. 414. Distribution of benefits between rural and urban areas. Sec. 415. Application of Federal law. Sec. 416. Evaluation. Sec. 417. Nondiscrimination. Sec. 418. Eligibility for other benefits. Sec. 419. Legal expenses. Sec. 420. Guidelines. Sec. 422. Audit. TITLE V-AUTHORIZATION OF APPROPRIATIONS Sec. 501. National volunteer antipoverty programs. Sec. 502. National older Americans volunteer programs. Sec. 503. National volunteer programs to assist small businesses and promote volunteer service by persons with business experience. Sec. 504. Administration and coordination. Sec. 505. Availability of appropriations. TITLE VI-AMENDMENTS TO OTHER LAWS AND REPEALERS Sec. C01. Supersedence of Reorganization Plan No. 1 of July 1, 1971. Sec. 602. Creditable service for civil service retirement. Sec. 603. Repeal of title VIII of the Economic Opportunity Act. Sec. 601. Repeal of title VI of the Older Americans Act. TITLE I-NATIONAL VOLUNTEER ANTIPOVERTY PART A-VOLUNTEERS IN SERVICE TO AMERICA STATEMENT OF PURPOSE SEC. 101. This part provides for the Volunteers in Service to America (VISTA) program of full-time volunteer service, together with appropriate powers and responsibilities designed to assist in the development and coordination of such program. The purpose of this part is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems in the United States by encouraging and enabling persons from all walks of life and all age groups, including elderly and retired Americans, to perform meaningful and constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by persons afflicted with such problems. AUTHORITY TO OPERATE VISTA PROGRAM SEC. 102. The Director may recruit, select, and train persons to serve in full-time volunteer programs consistent with the provisions and to carry out the purpose of this part. ASSIGNMENT OF VOLUNTEERS SEC. 103. (a) The Director, upon request of Federal, State, or local agencies, or private nonprofit organizations, may assign such volunteers to work in the several States in appropriate projects and programs (1) in meeting the health, education, welfare, or related needs of Indians living on reservations or Federal trust lands, of migratory and seasonal farmworkers and their families, and of residents of the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, or the Virgin Islands; (2) in the care and rehabilitation of mentally ill, developmentally disabled, and other handicapped individuals, especially those with severe handicaps, under the supervision of nonprofit institutions or facilities; and 78 Stat. 508. (3) in connection with programs or activities authorized, supported, or of a character eligible for assistance under this Act or the Economic Opportunity Act of 1964, as amended (42 U.S.C. chapter 34) in furtherance of the purpose of this title. (b) The Director, wherever feasible and appropriate, shall assign 42 USC 2701 low-income community volunteers to serve in their home communities note.. in teams with nationally recruited specialist volunteers. Prior to the assignment of any such community volunteer, the Director shall insure that each such volunteer is provided an individual plan designed to provide an opportunity for job advancement or for transition to a situation leading to gainful employment. One hundred and twenty days prior to the completion of such community volunteer's term of service, the Director shall insure that such plan is updated and reviewed with the volunteer. (c) Except as provided in subsection (d), the assignment of volunteers under this section shall be on such terms and conditions (including restrictions on political activities that appropriately recognize the special status of volunteers living among the persons or groups served by programs to which they have been assigned) as the Director may determine, including work assignments in their own or nearby communities. 87 STAT, 396 87 STAT. 397 (d) Volunteers under this part shall not be assigned to duties or Program, work in any State unless such program has been submitted to the Gov- submittal ernor or other chief executive officer of the State concerned, and has to Governor. not been disapproved by him within forty-five days of such submission. The assignment of a volunteer shall be terminated by the Director when so requested by the Governor or chief executive officer of the State concerned not later than thirty days after such request has been made, or at a time after such request has been made as agreed upon by such Governor or chief executive officer of the State concerned and the Director. TERMS AND PERIODS OF SERVICE SEC. 104. (a) Volunteers serving under this part shall be required to make a full-time personal commitment to combating poverty and poverty-related human, social, and environmental problems. To the maximum extent practicable, this shall include a commitment to live among and at the economic level of the people served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave. (b) Volunteers serving under this part may be enrolled for periods of service not exceeding two years, but for not less than one-year periods of service, except that volunteers serving under this part may be enrolled for periods of service of less than one year when the Director determines, on an individual basis, that a period of service of less than one year is necessary to meet a critical scarce-skill need. Volunteers serving under this part may be reenrolled for periods of service totaling not more than two years. No volunteer shall serve Limitation. for more than a total of five years under this part. |