§ 5044. Special limitations.

(a) Volunteer activities; limitation.

The Director shall prescribe regulations and shall carry out the provisions of this chapter so as to asure that the service of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this chapter is limited to activities which would not otherwise be performed by employed workers and which will not supplant the hiring of or result in the displacement of employed workers, or impair existing contracts for service.

(b) Support costs.

All support, including transportation provided to volunteers under this chapter, shall be furnished at the lowest possible costs consistent with the effective operation of volunteer programs.

(c) Compensation of supervising agencies or organizations.

No agency or organization to which volunteers are assigned hereunder, or which operates or supervises any volunteer program hereunder, shall request or receive any compensation for services of volunteers supervised by such agency or organization.

(d) Labor or antilabor organization activities; funds use prohibition.

No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or antilabor organization or related activity.

(e) Selection procedure.

Persons serving as volunteers under this chapter shall provide such information concerning their qualifications, including their ability to perform their assigned tasks, and their integrity, as the Director shall prescribe and shall be subject to such procedures for selection and approval as the Director determines are necessary to carry out the purposes of this chapter. The Director may establish such special procedures for the recruitment, selection, training, and assignment of low-income residents of the area to be served by a program under this chapter who wish to become volunteers as he determines will further the purposes of this chapter. (f) Delegation of functions; compensation: conversion requirement; Peace Corps exceptions.

Notwithstanding any other provision of law and except as provided in the second sentence of this subsection, the Director shall assign or delegate any substantial responsibility for carrying out programs under this chapter only to persons appointed or employed pursuant to clauses (1) and (2) of section 5042 of this title, and persons assigned or delegated such substantial responsibilities on October 1, 1973, and who are receiving compensation in accordance with provisions of law other than the applicable provisions of Title 5 on such date shall, by operation of law on such date, be assigned a grade level pursuant to such latter provisions so as to fix the compensation of such persons under such authority at no less than their compensation rate on the day preceding such date. The Director may personally make exceptions to 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 Act (section 2501 et seq. of Title 22) within six months after October 1, 1973.

(g) Government assistance; eligibility.

Notwithstanding any other provision of law except as may be provided expressly in limitation of this subsection, payments to volunteers under this chapter shall not in any way reduce or eliminate the level of or eligibility for assistance or services any such volunteers may be receiving under any governmental program. (Pub. L. 93-113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408.)

§ 5045. National Voluntary Service Advisory Council. (a) Establishment; membership; appointment and term; representation of interests; temporary and permanent chairperson; initial and annual meetings; compensation and travel expenses; ex officio membership.

There is hereby established in the ACTION Agency a National Voluntary Service Advisory Council (hereinafter referred to as the "Council") to be composed of not more than twenty-five members appointed, not later than ninety days after October 1, 1973, by and serving at the pleasure of the President. Such members shall be representative of public and private organizations, groups, and individuals interested in serving and benefited by programs carried out under this chapter and the Peace Corps Act (section 2501 et seq. of Title 22). The President shall designate a temporary chairperson from such members and shall call the initial meeting of the Council within thirty days after appointment of such Council. Members of the Council shall designate a permanent chairperson from such members and shall meet at the call of such chairperson, but not less than four times in each year. Members of the Council, other than those regularly employed by the Federal Government, while attending meetings of such Council shall receive compensation and travel expenses as provided in section 5042 (2) of this title with respect to experts and consultants. The Director and Deputy Director of the ACTION Agency shall be ex officio members of the Council. (b) Functions of Council.

The Council shall

(1) advise the Director with respect to policy matters arising in the administration of this chapter and the Peace Corps Act (section 2501 et seq. of Title 22); and

(2) upon the request of the Director, review the effectiveness and the operation of programs under this chapter and the Peace Corps Act and make recommendations (including such proposals for changes in this chapter and such Act as the Council deems appropriate) concerning (A) the improvement of such programs, (B) the elimination of duplication of effort, and (C) the coordination of such programs with other Federal programs designed to assist the beneficiaries of this chapter and such Act.

(c) Report to President for transmittal to Congress.

Not later than January 1 of each calendar year beginning with the calendar year 1975, the Council shall make an annual report of its findings and recommendations to the President for transmittal by the President to the Congress together with his comments and recommendations. (Pub. L. 93-113, title IV, § 405, Oct. 1, 1973, 87 Stat. 409.)

§ 5046. Labor standards for federally assisted projects, buildings, and works.

All laborer and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including painting and decorating of projects, buildings and works which are federally assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 and in section 276c of Title 40. (Pub. L. 93-113, title IV, § 406, Oct. 1, 1973, 87 Stat. 410.) REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in the text, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in the text, is set out in the Appendix to Title 5, Government Organization and Employees.

§ 5047. Report to President for transmittal to Congress.

Not later than one hundred and twenty days after the end of each fiscal year, the Director shall prepare and submit to the President for transmittal by the President to the Congress a full and complete report on the activities of the ACTION Agency during such year. (Pub. L. 93-113, title IV, § 407, Oct. 1, 1973, 87 Stat. 410.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5056 of this title. § 5048. Joint funding; single non-Federal share requirement; 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 provided for a single project by more than one Federal agency to an agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, notwithstanding any other provision of law, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the ACTION Agency, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this chapter, which requirement is inconsistent with the similar requirements under or pursuant to this chapter. (Pub. L. L. 93-113, title IV, § 408, Oct. 1, 1973, 87 Stat. 410.) § 5049. Prohibition of Federal control of educational institution or school system.

Nothing contained in this chapter shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any education institution or school system. (Pub. L. 93-113, title IV, § 409, Oct. 1, 1973, 87 Stat. 410.)

§ 5050. Coordination with other programs.

The Director shall take necessary steps to coordinate volunteer programs authorized under this

chapter with one another, with community action programs, and with other related Federal, State, and local programs. The Director shall also consult with the heads of other Federal, State, and local agencies responsibility for programs related to the purposes of this chapter with a view to encouraging greater use of volunteer services in those programs and establishing in connection with them systematic procedures for the recruitment, referral, or necessary preservice orientation or training of volunteers serving pursuant to this chapter. (Pub. L. 93-113, title IV, § 410, Oct. 1, 1973, 87 Stat. 410.)

§ 5051. Performance of functions by existing departments or offices rather than new departments or offices.

In order to assure that existing Federal agencies are used to the fullest extent possible in carrying out the purposes of this chapter, no funds appropriated to carry out this chapter shall be used to establish any new department or office when the intended function is being performed by an existing department or office. (Pub. L. 93-113, title IV, § 411, Oct. 1, 1973, 87 Stat. 411.)

§ 5052. Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications.

The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this chapter, whenever he determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that—

(1) assistance under this chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days, nor shall an application for refunding under this chapter be denied, unless the recipient has been given reasonable notice and opportunity to show cause why such action should not be taken; and

(2) assistance under this chapter shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.

(Pub. L. 93-113, title IV, § 412, Oct. 1, 1973, 87 Stat. 411.)

§ 5053. Duration of program; authorization of appropriations.

The Director shall carry out the programs provided for in this chapter during the fiscal year ending June 30, 1974, and the three succeeding fiscal years. For each such fiscal year, only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 93-113, title IV, § 413, Oct. 1, 1973, 87 Stat. 411.)

§ 5054. Distribution of benefits between rural and urban areas.

The Director shall adopt appropriate administrative measures to assure that the benefits of and services under this chapter will be distributed equitably between residents of rural and urban areas. (Pub. L. 93-113, title IV, § 414, Oct. 1, 1973, 87 Stat. 411.)

§ 5055. Application of Federal law. (a) General rule.

Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment.

(b) Specific Federal legislation.

Individuals enrolled in programs under subchapter I of this chapter for periods for service of at least one year shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of Title 5, be deemed persons employed in the executive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1954 (section 1 et seq. of Title 26) and title II of the Social Security Act (section 401 et seq. of this title), be deemed employees of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of Title 28, be deemed employees of the United States, and (4) for the purposes of subchapter I of chapter 81 of Title 5 (relative to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of Title 5, and the provisions of that subchapter shall apply except as follows: (A) in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS-7 employee, and subsection (a) and (b) of section 8113 of Title 5 shall apply, and (B) compensation for disability shall not begin to accrue until the day following the date on which the injured volunteer is terminated.

(c) Subsequent government employment.

Any period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of subchapter I of this chapter, and any period of full-time service of a volunteer enrolled in a program for a period of service of at least one year under part B or C of subchapter I of this chapter, shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government

(1) for the purposes of section 1092 (a)(1) of Title 22 and every other Act establishing a retirement system for civilian employees of any United States Government agency; and

(2) except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or

trial period or completion of any service requirement for career appointment.

(d) Same; competitive service.

Volunteers serving in programs for periods of service of at least one year under part A of subchapter I of this chapter, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (sections 2991-2994d of this title), including those whose service was completed under such Act, who the Director determines, in accordance with regulations he shall prescribe, have successfully completed their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963).

(e) References in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter.

Notwithstanding any other provision of law, all references in any other law to persons serving as volunteers under title VIII of the Economic Opportunity Act of 1964, as amended, shall be deemed to be references to persons serving as full-time volunteers in a program of at least one year's duration under part A, B, or C of subchapter I of this chapter. (Pub. L. 93-113, title IV, § 415, Oct. 1, 1973, 87 Stat. 411.)

REFERENCES IN TEXT

Federal Tort Claims provisions of Title 28, referred to in subsec. (b) (3), are classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure. Entrance salary for a grade GS-7 employee, referred to in subsec. (b) (4), is set out in the General Schedule in section 5332 of Title 5, Government Organization and Employees.

Foreign Service Act of 1946, referred to in subsec. (c) (2), is classified to chapter 14 of Title 22, Foreign Relations and Intercourse.

Title VIII of the Economic Opportunity Act of 1964, as amended, referred to in subsecs. (d) and (e), 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, see Distribution Table set-out under such former sections. Executive Order Number 11103 (April 10, 1963), referred to in subsec. (d), is set out under section 2504 of Title 22, Foreign Relations and Intercourse.

Ex. ORD. No. 11561. DELEGATION OF AUTHORITY Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, provided:

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the authority conferred upon the President by that portion of section 833 (c) (2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2994b (c) (2)) [former section 2994b (c) (2) of this title, now subsec. (c) (2) of this section] which reads "except as otherwise determined by the President" is hereby delegated as follows: (1) To the Civil Service Commission to the extent that such authority is with respect to the laws administered by the Commission, and (2) to the Secretary of State to the extent that such authority is with respect to the Foreign Service Act of 1946, as amended [section 801 et seq. of Title 22, Foreign Relations and Intercourse].

§ 5056. Evaluation of programs and projects. (a) General objectives; persons conducting the evaluation.

The Director shall periodically measure and evaluate the impact of all programs authorized by this

chapter, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated.

(b) General standards; publication; reports of ensuing actions.

The Director shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this chapter. Reports submitted pursuant to section 5047 of this title shall describe the actions taken as a result of evaluations carried out under this section.

(c) Opinions of participants.

In carrying out evaluations under this subchapter, the Director shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of such programs and projects.

(d) Summaries of results; publication.

The Director shall publish summaries of the results of evaluations of program and project impact and effectiveness no later than sixty days after the completion thereof.

(e) Federal property.

The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States.

(f) Funds limitation; reduction of allotments.

The Director is authorized to use such sums as are required, but not to exceed 1 per centum of the funds appropriated under this chapter, to conduct program and project evaluations (directly, or by grants or contracts) as required by this chapter. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriate therefor) shall be reduced accordingly. (Pub. L. 93-113, title IV, § 416, Oct. 1, 1973, 87 Stat. 412.)

§ 5057. Nondiscrimination.

(a) The Director shall not provide financial assistance for any program under this chapter unless the grant, contract, or agreement with respect to such program specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any such program because of race, creed, belief, color, national origin, sex, age, or political affiliation.

(b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with, any program or activity receiving assistance under this chapter. The Director shall enforce the provisions of the preceding sentence in accordance with section 2000d-1 of this title. Section 2000d-2 of this title shall apply with respect to any 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 if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied em

ployment in connection with any program or activity receiving assistance under this chapter. (Pub. L. 93– 113, title IV, § 417, Oct. 1, 1973, 87 Stat. 413.)

§ 5058. Eligibility for other benefits.

Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to subchapters II and III of this chapter shall be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, temporary disability, retirement, public assistance, or similar benefit payments, or minimum wage laws. This section shall become effective with respect to all payments made after October 1, 1973. (Pub. L. 93113, title IV, § 418, Oct. 1, 1973, 87 Stat. 413.)

§ 5059. Legal expenses.

Notwithstanding any other provision of law and pursuant to regulations which the Director shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings to which full-time volunteers (or part-time volunteers when such proceeding arises directly out of the performance of activities pursuant to this chapter or section 637(b) (1) of Title 15 serving under this chapter have been made parties. (Pub. L. 93-113, title IV, § 419, Oct. 1, 1973, 87 Stat. 413.)

§ 5060. Rules, regulations, guidelines, instructions, and application forms; publication in Federal Register. All rules, regulations, guidelines, instructions, and application forms published or promulgated pursuant to this chapter shall be published in the Federal Register at least thirty days prior to their effective date (Pub. L. 93-113, title IV, § 420, Oct. 1, 1973, 87 Stat. 414.)

§ 5061. Definitions.

For the purposes of this chapter—

(1) the term "Director" means the Director of the ACTION agency;

(2) the terms "United States" and "States" mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and America Samoa and, for the purposes of subchapter II of this chapter, the Trust Territory of the Pacific Islands;

(3) the term "nonprofit" as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and

(4) the term "poor" or "low-income" persons, individuals, or volunteers means such individuals whose incomes fall at or below the poverty line as set forth in section 2971d of this title: Provided, That in determining who is "poor" or "lowincome", the Director shall take into consideration existing poverty guidelines as appropriate to local situations.

(Pub. L. 93-113, title IV, § 421, Oct. 1, 1973, 87 Stat. 414.)

§ 5062. Audit.

(a) Recordkeeping.

Each recipient of Federal grants, subgrants, contracts, subcontracts, or loans entered into under this chapter other than by formal advertising, and which are otherwise authorized by this chapter, shall keep such records as the Director shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) Access to books, documents, papers, and records; limitations.

The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Director or the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or loans referred to in subsection (a) of this section. (Pub. L. 93-113, title IV, § 422, Oct. 1, 1973, 87 Stat. 414.)

SUBCHAPTER V.-AUTHORIZATION OF

APPROPRIATIONS

§ 5081. National Volunteer Antipoverty Programs. (a) There are authorized to be appropriated $37,600,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, for the purpose of carrying out subchapter I of this chapter. In each such year, of the sums appropriated pursuant to this subchapter not less than $29,600,000 shall be expended on programs designed to eliminate poverty and poverty-related human, social, and environmental problems. Of this amount not less than $22,300,000 shall be expended on programs authorized under part A of subchapter I of this chapter in each such fiscal year.

(b) Any sums authorized to be appropriated for subchapter I of this chapter in excess of $37,600,000 shall be reflected in a commensurate increase in the sums to be made available for Part A of such subchapter. (Pub. L. 93–113, title V, § 501, Oct. 1, 1973, 87 Stat. 415.)

§ 5082. National Older Americans Volunteer Programs. (a) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1974, and $20,000,000 each for the fiscal year ending June 30, 1975, and for the fiscal year ending June 30, 1976, respectively, to be used for the purpose of carrying out programs under part A of subchapter II of this chapter.

(b) (1) There are authorized to be appropriated $32,500,000 for the fiscal year ending June 30, 1974, and $40,000,000 each for the fiscal years ending

June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under part B of such subchapter of which (A) $26,500,000 for the fiscal year ending June 30, 1974, and $32,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (a) of section 5011 of this title, and (B) $6,000,000 for the fiscal year ending June 30, 1974, and $8,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (b) of such section.

(2) If the sums authorized to be appropriated under paragraph (1) of this subsection are not appropriated and made available in full for each such fiscal year, then such sums as are appropriated and made available for each such fiscal year shall be allocated so that

(A) any amounts appropriated not in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 5011 of this title equal $25,000,000 shall be used for grants or contracts under such subsection; and

(B) any amounts appropriated in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 5011 of this title equals $31,000,000 for the fiscal year ending June 30, 1974, and $33,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be used for grants or contracts for such fiscal years under such subsection.

(Pub. L. 93-113, title V, § 502, Oct. 1, 1973, 87 Stat. 415.)

§ 5083. National Volunteer Programs to Assist Small Businesses and Promote Volunteer Service by Persons with Business Experience.

There are authorized to be appropriated $208,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under subchapter III of this chapter. (Pub. L. 93-113, title V, § 503, Oct. 1, 1973, 87 Stat. 415.)

§ 5084. Administration and coordination.

There are authorized to be appropriated each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, respectively, such sums as may be necessary for the administration of this chapter as authorized in subchapter IV of this chapter. (Pub. L. 93-113, title V, § 504, Oct. 1, 1973, 87 Stat. 416.) § 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 predecessor 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.)