Authority to Collect

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

1

DOMESTIC VOLUNTEER SERVICE ACT OF 1973
(Public Law 93–113, Oct. 1, 1973; 42 U.S.C. 4950 et seq.)
[As Amended Through P.L. 111–13, Enacted April 21, 2009]
AN ACT 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
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) SHORT TITLE.—This Act may be cited as

the ‘‘Domestic Volunteer Service Act of 1973’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Volunteerism policy.
TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.

PART A—VOLUNTEERS IN SERVICE TO AMERICA
Statement of purpose.
Authority to operate VISTA program.
Selection and assignment of volunteers.
Terms and periods of service.
Support service.
Participation of beneficiaries.
Participation of younger and older persons.
Limitation.
Applications for assistance.

PART C—SPECIAL VOLUNTEER PROGRAMS
Sec. 121. Statement of purpose.
Sec. 122. Authority to establish and operate special volunteer and demonstration
programs.
Sec. 123. Technical and financial assistance.
TITLE II—NATIONAL SENIOR SERVICE CORPS
Sec. 200. Statement of purpose.
PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM
Sec. 201. Grants and contracts for volunteer service projects.
PART B—FOSTER GRANDPARENT PROGRAM
Sec. 211. Grants and contracts for volunteer service projects.
1 Public Law 111–13 (enacted on April 21, 2009) amends the Domestic Volunteer Service Act.
Section 6101(a) of such Public Law provides as follows:

(a) IN GENERAL.—This Act, and the amendments made by this Act, take effect on October 1,
2009.
The text of the Domesitic Volunteer Service Act (as amended) are shown here.

3

Sec. 2

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

4

PART C—SENIOR COMPANION PROGRAM
Sec. 213. Grants and contracts for volunteer service projects.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

221.
222.
223.
224.
225.
226.
227.
228.

PART D—GENERAL PROVISIONS
Promotion of National Senior Service Corps.
Payments.
Minority population participation.
Use of locally generated contributions in National Senior Service Corps.
Programs of national significance.
Adjustments to Federal financial assistance.
Multiyear grants or contracts.
Acceptance of donations.

PART E—DEMONSTRATION PROGRAMS
Sec. 231. Authority of Director.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

403.
404.
406.
408.
409.
410.
411.
412.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

414.
415.
416.
417.
418.
419.
421.
422.
423.
424.
425.
426.

TITLE IV—ADMINISTRATION AND COORDINATION
Political activities.
Special limitations.
Labor standards.
Joint funding.
Prohibition of Federal control.
Coordination with other programs.
Prohibition.
Notice and hearing procedures for suspension and termination of financial
assistance.
Distribution of benefits between rural and urban areas.
Application of Federal law.
Evaluation.
Nondiscrimination provisions.
Eligibility for other benefits.
Legal expenses.
Definitions.
Audit.
Reduction of paperwork.
Review of project renewals.
Protection against improper use.
Provisions under the National and Community Service Act of 1990.

Sec.
Sec.
Sec.
Sec.

501.
502.
504.
505.

TITLE V—AUTHORIZATION OF APPROPRIATIONS
National volunteer antipoverty programs.
National Senior Service Corps.
Administration and coordination.
Availability of appropriations.

Sec.
Sec.
Sec.
Sec.

TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS
601. Supersedence of Reorganization Plan No. 1 of July 1, 1971.
602. Creditable service for civil service retirement.
603. Repeal of title VIII of the Economic Opportunity Act.
604. Repeal of title VI of the Older Americans Act.
VOLUNTEERISM POLICY

SEC. 2. (a) Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of individuals of all ages and backgrounds.
(b) The purpose of this Act is to foster and expand voluntary
citizen service in communities throughout the Nation in activities
designed to help the poor, the disadvantaged, the vulnerable, and
the elderly. In carrying out this purpose, the Corporation for National and Community Service shall utilize to the fullest extent the
programs authorized under this Act, coordinate with other Federal,
State, and local agencies, expand relationships with, and support

5

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 103

for, the efforts of civic, community, and educational organizations,
and utilize the energy, innovative spirit, experience, and skills of
all Americans.
(42 U.S.C. 4950)

TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS
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 and
alleviate poverty and poverty-related problems in the United States
by encouraging and enabling persons from all walks of life, all geographical areas, and all age groups, including low-income individuals, elderly and retired Americans, to perform meaningful and
constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and increase opportunities for self-advancement by persons affected by such problems. In addition, the objectives of this part are
to generate the commitment of private sector resources, to encourage volunteer service at the local level, to support efforts by local
agencies and community organizations to achieve long-term sustainability of projects, and to strengthen local agencies and community organizations to carry out the objectives of this part.
(42 U.S.C. 4951)
AUTHORITY TO OPERATE VISTA PROGRAM

SEC. 102. This part shall be administered by one of the Assistant Directors appointed pursuant to section 194(d)(1)(A) of the National and Community Service Act of 1990. Such Director may recruit, select, and train persons to serve in full-time volunteer programs consistent with the provisions and to carry out the purpose
of this part.
(42 U.S.C. 4952)
SELECTION AND ASSIGNMENT OF VOLUNTEERS

SEC. 103. (a) The Director, on the receipt of applications by
public or nonprofit private organizations to receive volunteers
under this part, may assign volunteers selected under subsection
(b) to work in appropriate projects and programs sponsored by such
organizations, including work—
(1) in meeting the health, education, welfare, or related
needs of Indians living on reservations or Federal trust lands,
of migratory and seasonal farmworkers and their families, and
of residents of the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, or the Virgin Islands;

Sec. 103

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

6

(2) in the care and rehabilitation of mentally ill, developmentally disabled, and other individuals with disabilities, especially individuals with severe disabilities;
(3) in addressing the problems of the homeless, unemployed individuals, and low-income youths;
(4) in addressing the special needs connected with alcohol
and drug abuse through prevention, education, rehabilitation,
treatment, and related activities, consistent with the purpose
of this part;
(5) in addressing significant health care problems, including mental illness, chronic and life-threatening illnesses, and
health care for homeless individuals (especially homeless children) through prevention, treatment, and community-based
care activities;
(6) in connection with programs or activities authorized,
supported, or of a character eligible for assistance under this
Act or the Community Service Block Grant Act, titles VIII and
X of the Economic Opportunity Act of 1964, the Head Start
Act, the Community Economic Development Act of 1981, or
other similar Acts, in furtherance of the purpose of this title;
(7) in strengthening, supplementing, and expanding efforts
to address the problem of illiteracy throughout the United
States;
(8) in assisting with the reentry and reintegration of formerly incarcerated youth and adults into society, including
providing training and counseling in education, employment,
and life skills;
(9) in developing and carrying out financial literacy, financial planning, budgeting, saving, and reputable credit accessibility programs in low-income communities, including those
programs that educate individuals about financing home ownership and higher education;
(10) in initiating and supporting before-school and afterschool programs, serving children in low-income communities,
that may engage participants in mentoring, tutoring, life skills
and study skills programs, service-learning, physical, nutrition,
and health education programs, and other activities addressing
the needs of the children;
(11) in establishing and supporting community economic
development initiatives, with a priority on work on such initiatives in rural areas and the other areas where such initiatives
are needed most;
(12) in assisting veterans and their family members
through establishing or augmenting programs that assist such
persons with access to legal assistance, health care (including
mental health care), employment counseling or training, education counseling or training, affordable housing, and other
support services; and
(13) in addressing the health and wellness of individuals
in low-income communities and individuals in underserved
communities, including programs to increase access to preventive services, insurance, and health services.
(b)(1) The Director shall establish placement procedures that
involve sponsoring organizations and that offer opportunities for

7

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 103

both local and national placement of volunteers for service under
this part.
(2)(A) The Director shall establish and maintain within the national headquarters of the Corporation (or any successor entity of
such agency) a volunteer placement office which shall be responsible for all functions related to the recruitment and placement of
volunteers under this part. Such functions and activities shall be
carried out in coordination or in conjunction with recruitment and
placement activities carried out under the National and Community Service Act of 1990.
(B) Such volunteer placement office shall develop, operate, and
maintain a current and comprehensive database that provides information—
(i) to individuals, with respect to specific opportunities for
service as a volunteer with approved projects or programs to
which no volunteer has been assigned; and
(ii) to approved projects or programs, with respect to the
availability of individuals whose applications for service as a
volunteer have been approved and who are awaiting an assignment with a specific project or program.
(C) The Director shall assign or hire as necessary, such additional national, regional, and State personnel to carry out the functions described in this subsection and subsection (c) as may be necessary to ensure that such functions are carried out in a timely and
effective manner. The Director shall give priority in the hiring of
such additional personnel to individuals who have formerly served
as volunteers under this part and to individuals who have specialized experience in the recruitment and management of volunteers.
(3) Volunteers shall be selected from among qualified individuals submitting an application for such service at such time, in
such form, and containing such information as may be necessary
to evaluate the suitability of each individual for such service and
to determine, in accordance with paragraph (7), the most appropriate assignment for each such volunteer. The Director shall approve the application of each individual who applies in conformance
with this subsection and who, on the basis of the information provided in the application, is determined by the Director to be qualified to serve as a volunteer under this part.
(4) The Director shall ensure that applications for service as a
volunteer under this part are available to the public on request to
the Corporation (including any State or regional offices of the
Agency) and that an individual making such request is informed of
the manner in which such application is required to be submitted.
A completed application may be submitted by any interested individual to, and shall be accepted by, any office of the Corporation.
(5)(A) The Director shall provide for the assignment of each applicant approved as a volunteer under this part to a project or program that is, to the maximum extent practicable, consistent with
the abilities, experiences, and preferences of such applicant that
are set forth in the application described in paragraph (4) and the
needs and preferences of projects or programs approved for the assignment of such volunteers.
(B) In carrying out subparagraph (A), the Director shall utilize
the database established under paragraph (2)(B).

Sec. 103

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

8

(C) A sponsoring organization of VISTA may recruit volunteers
for service under this part. The Director shall give a locally recruited volunteer priority for placement in the sponsoring organization of VISTA that recruited such volunteer.
(D) A volunteer under this part shall not be assigned to any
project or program without the express approval and consent of
such project or program.
(E) If an applicant under this part who is recruited locally becomes unavailable for service prior to the commencement of service, the recipient of the project grant or contract that was designated to receive the services of such applicant may replace such
applicant with another qualified applicant approved by the Director.
(F) If feasible and appropriate, low-income community volunteers shall be given the option of serving in the home communities
of such volunteers in teams with nationally recruited specialist volunteers. The Director shall attempt to assign such volunteers to
serve in the home or nearby communities of such volunteers and
shall make national efforts to attract other individuals to serve in
the VISTA program. The Director shall also, in the assignment of
volunteers under this subparagraph, recognize that communityidentified needs that cannot be met in the local area and the individual desires of VISTA volunteers in regard to the service in various geographical areas of the United States should be taken into
consideration.
(c)(1) The Director, in conjunction with the personnel described
in subsection (b)(2)(C), shall engage in public awareness and recruitment activities. Such activities may include—
(A) public service announcements through the Internet
and related technologies, radio, television, and the print media;
(B) advertising through the Internet and related technologies, print media, direct mail, and other means;
(C) disseminating information about opportunities for service as a volunteer under this part to relevant entities including
institutions of higher education and other educational institutions (including libraries), professional associations, community-based agencies, youth service and volunteer organizations,
business organizations, labor unions, senior citizens organizations, State or local offices of economic development, State employment security agencies, employment offices, and other institutions and organizations from or through which potential
volunteers may be recruited;
(D) disseminating such information through presentations
made personally by employees of the Corporation or other designees of the Director, to students and faculty at institutions
of higher education and to other entities described in subparagraph (C), including presentations made at the facilities, conventions, or other meetings of such entities;
(E) publicizing the student loan deferment and forgiveness
opportunities available to VISTA volunteers under parts B and
E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) and including such information in all applications
and recruitment materials;

9

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 103

(F) publicizing national service educational awards available under the National and Community Service Act of 1990;
(G) providing, on request, technical assistance with the recruitment of volunteers under this part to programs and
projects receiving assistance under this part; and
(H) maintaining and publicizing a national toll-free telephone number through which individuals may obtain information about opportunities for service as a volunteer under this
part and request and receive an application for such service.
(2) In designing and implementing the activities authorized
under this section, the Director shall seek to involve individuals
who have formerly served as volunteers under this part to assist
in the dissemination of information concerning the program established under this part. The Director may reimburse the costs incurred by such former volunteers for such participation, including
expenses incurred for travel.
(3) The Director shall consult with the Director of the Peace
Corps to coordinate the recruitment and public awareness activities
carried out under this subsection with those of the Peace Corps and
to develop joint procedures and activities for the recruitment of volunteers to serve under this part.
(d) The Director shall provide each low-income community volunteer with an individual plan for job advancement or for transition to a situation leading to gainful employment. Whenever feasible, such efforts shall be coordinated with an appropriate local
workforce investment board established under section 117 of the
Workforce Investment Act of 1998. 1
(e) The Director may provide or arrange for educational and
vocational counseling of volunteers and recent former volunteers
under this part to (1) encourage them to use, in the national interest, the skills and experience which they have derived from their
training and service, particularly working in combating poverty as
members of the helping professions, and (2) promote the development of appropriate opportunities for the use of such skills and experience, and the placement therein of such volunteers.
(f) Except as provided in subsection (e), the assignment of volunteers under this section shall be on such terms and conditions
(including restrictions on political activities that appropriately recognize the special status of volunteers living among the persons or
groups served by programs to which they have been assigned) as
the Director may determine, including work assignments in their
own or nearby communities.
(g) Volunteers under this part shall not be assigned to work in
a program or project in any community unless the application for
such program or project contains evidence of local support and has
been submitted to the Governor or other chief executive officer of
the State concerned. In the event of a timely request in writing,
supported by a statement of reasons, by the Governor or other chief
executive officer of the State concerned, the Director shall terminate a program or project or the assignment of a volunteer to a
program or project not later than 30 days after the date such re1 Effective July 1, 2000, Public Law 105–277 attempts to amend the second sentence of subsection (d) to read as follows: ‘‘private industry council established under the Job Training Partnership Act or’’. The amendment probably should just strike the quoted matter.

Sec. 104

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

10

quest is received by the Director, or at such later date as is agreed
upon by the Director and such Governor or other chief executive officer.
(h) The Director is encouraged to enter into agreements with
other Federal agencies to use VISTA volunteers in furtherance of
program objectives that are consistent with the purposes described
in section 101.
(i) The Director may enter into agreements under which public
and private nonprofit organizations, with sufficient financial capacity and size, pay for all or a portion of the costs of supporting the
service of volunteers under this part.
(42 U.S.C. 4953)
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 problems. To the maximum extent practicable, the requirement for full-time commitment shall include a
commitment to live among and at the economic level of the people
served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave.
(b)(1) Volunteers serving under this part may be enrolled initially for periods of service of not less than 1 year, nor more than
2 years, except as provided in paragraph (2) or subsection (e).
(2) Volunteers serving under this part may be enrolled for periods of service of less than 1 year if the Director determines, on an
individual basis, that a period of service of less than 1 year is necessary to meet a critical scarce skill need.
(3) Volunteers serving under this part may be reenrolled for
periods of service in a manner to be determined by the Director.
No volunteer shall serve for more than a total of 5 years under this
part.
(c) Volunteers under this part shall, upon enrollment, take the
oath of office as prescribed for persons appointed to any office of
honor or profit by section 3331 of title 5, United States Code, and
shall swear (or affirm) that the volunteer does not advocate the
overthrow of the constitutional form of government of the United
States and that the volunteer is not a member of an organization
that advocates the overthrow of the constitutional form of government of the United States, knowing that such organization so advocates, except that persons legally residing within a State but who
are not citizens or nationals of the United States, may serve under
this part without taking or subscribing to such oath, if the Director
determines that the service of such persons will further the interests of the United States. Such persons shall take such alternative
oath or affirmation as the Director shall deem appropriate.
(d) The Director shall establish a procedure, including notice
and opportunity to be heard, for volunteers under this part to
present and obtain resolution of grievances and to present their
views in connection with the terms and conditions of their service.
The Director shall promptly provide to each volunteer in service on
the date of enactment of this Act, and to each such volunteer begin-

11

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 105

ning service thereafter, information regarding such procedure and
the terms and conditions of their service.
(e)(1) Notwithstanding any other provision of this part, the Director may enroll full-time VISTA summer associates in a program
for the summer months only, under such terms and conditions as
the Director shall determine to be appropriate. Such individuals
shall be assigned to projects that meet the criteria set forth in section 103(a).
(2) In preparing reports relating to programs under this Act,
the Director shall report on participants, costs, and accomplishments under the summer program separately.
(3) The limitation on funds appropriated for grants and contracts, as contained in section 108, shall not apply to the summer
program.
(42 U.S.C. 4954)
SUPPORT SERVICE

SEC. 105. (a)(1)(A) The Director may provide a stipend to volunteers, while they are in training and during their assignments,
enrolled for periods of service of not less than one year under this
part, except that the Director may, on an individual basis, make
an exception to provide a stipend to a volunteer enrolled under this
part for an extended period of service not totaling one year.
(B) Such stipend shall be set at a rate that is not less than a
minimum of $125 per month and not more than a maximum of
$150 per month, subject to the availability of funds to provide such
a maximum rate. The Director may provide a stipend set at a rate
that is not more than a maximum of $250 per month in the case
of persons who have served as volunteers under this part for at
least 1 year and who, in accordance with standards established in
such regulations as the Director shall prescribe, have been designated volunteer leaders on the basis of experience and special
skills and a demonstrated leadership among volunteers.
(C) The Director shall not provide a stipend under this subsection to an individual who elects to receive a national service
educational award under subtitle D of title I of the National and
Community Service Act of 1990.
(2) Stipends shall be payable only upon completion of a period
of service, except that under such circumstances as the Director
shall determine, in accordance with regulations which the Director
shall prescribe, the accrued stipend, or any part of the accrued stipend, may be paid to the volunteer, or, on behalf of the volunteer,
to members of the volunteer’s family or others during the period of
the volunteer’s service. In the event of the death of a volunteer during service, the amount of any unpaid stipend shall be paid in accordance with the provisions of section 5582 of title 5, United
States Code.
(b)(1) The Director shall also provide volunteers such living,
travel (including travel to and from places of training and to and
from locations to which volunteers are assigned during periods of
service) and leave allowances, and such housing, supplies, equipment, subsistence, clothing, health and dental care, transportation,
supervision, preservice training and where appropriate in-service

Sec. 106

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

12

training, technical assistance and such other support as the Director deems necessary and appropriate to carry out the purpose and
provisions of this part, and shall insure that each such volunteer
has available such allowances and support as will enable the volunteer to carry out the purpose and provisions of this part and to effectively perform the work to which such volunteer is assigned.
(2) The Director shall set the subsistence allowance for volunteers under paragraph (1) for each fiscal year so that—
(A) the minimum allowance is not less than an amount
equal to 95 percent of such poverty line (as defined in section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) for a single individual as expected for each fiscal
year; and
(B) the average subsistence allowance, excluding allowances for Hawaii, Guam, American Samoa, and Alaska, is no
less than 105 percent of such poverty line.
(3) The Director shall adjust the subsistence allowances for volunteers serving in areas that have a higher cost of living than the
national average to reflect such higher cost. The Director shall review such adjustments on an annual basis to ensure that the adjustments are current.
(c)(1) The Director shall—
(A) make child care available for children of each volunteer
enrolled under this part who need such child care in order to
participate as volunteers; or
(B) provide a child care allowance to each such volunteer
who needs such assistance in order to participate as volunteers.
(2) The Corporation shall establish guidelines regarding the
circumstances under which child care shall be made available
under this subsection and the value of any child care allowance to
be provided.
(42 U.S.C. 4955)
PARTICIPATION OF BENEFICIARIES

SEC. 106. To the maximum extent practicable, the people of the
communities to be served by volunteers under this title shall participate in planning, developing, and implementing programs thereunder, and the Director, after consultation with sponsoring agencies (including volunteers assigned to them) and the people served
by such agencies, shall establish in regulations a continuing mechanism for the meaningful participation of such program beneficiaries.
(42 U.S.C. 4956)
SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PERSONS.

In carrying out this part and part C, the Director shall take
necessary steps, including the development of special projects,
where appropriate, to encourage the fullest participation of individuals 18 through 27 years of age, and individuals 55 years of age
and older, in the various programs and activities authorized under
such parts.
(42 U.S.C. 4957)

13

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 109

LIMITATION

SEC. 108. (a) Of funds appropriated for the purpose of this part
under section 501, not more than 30 percent for the fiscal year ending September 30, 1984, and for each fiscal year thereafter, may be
obligated for the direct cost of supporting volunteers in programs
or projects carried out pursuant to grants and contracts made
under section 402(12).
(b) No funds shall be obligated under this part pursuant to
grants or contracts made after the date of the enactment of the Domestic Volunteer Service Act Amendments of 1979 for new projects
for the direct cost of supporting volunteers unless the recipient of
each such grant or contract has been selected through a competitive process which includes—
(1) public announcements of the availability of funds for
such grants or contracts, general criteria for the selection of
new recipients, and a description of the application process and
the application review process; and
(2) a requirement that each applicant for any such grant
or contract identify, with sufficient particularity to assure that
the assignments of volunteers under such grants and contracts
will carry out the purpose of this part, the particular poverty
or poverty-related problems on which the grant or contract will
focus, and any such grant or contract shall specifically so identify such problems.
(42 U.S.C. 4958)
SEC. 109. APPLICATIONS FOR ASSISTANCE.

In reviewing an application for assistance under this part, the
Director shall not deny such assistance to any project or program,
or any public or private nonprofit organization, solely on the basis
of the duration of the assistance such project, program, or organization has received under this part prior to the date of submission
of the application. The Director shall grant assistance under this
part on the basis of merit and to accomplish the goals of the VISTA
program, and shall consider the needs and requirements of projects
in existence on such date as well as potential new projects.
(42 U.S.C. 4960)

PART C—SPECIAL VOLUNTEER PROGRAMS 1
STATEMENT OF PURPOSE

SEC. 121. This part provides for special emphasis and demonstration volunteer programs, together with appropriate powers
and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to
strengthen and supplement efforts to meet a broad range of needs,
particularly those related to poverty, by encouraging and enabling
persons from all walks of life and from all age groups to perform
meaningful and constructive volunteer service in agencies, institutions, and organizations where the application of human talent and
dedication may help to meet such needs. It is the further purpose
1 So

13.

in law. There is no part B. See amendment made by section 2121 of Public Law 111–

Sec. 122

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

14

of this part to provide technical and financial assistance to encourage voluntary organizations and volunteer efforts at the national,
State, and local level.
(42 U.S.C. 4991)
SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPECIAL VOLUNTEER AND DEMONSTRATION PROGRAMS.
(a) IN GENERAL.—The Director is authorized to conduct special

volunteer programs for demonstration programs, or award grants
to or enter into contracts with public or nonprofit organizations to
carry out such programs. Such programs shall encourage wider volunteer participation on a full-time, part-time, or short-term basis
to further the purpose of this part, and identify particular segments of the poverty community that could benefit from volunteer
and other antipoverty efforts.
(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—The assignment of volunteers under this section, and the provision of support
for such volunteers, including any subsistence allowances and stipends, shall be on such terms and conditions as the Director shall
determine to be appropriate, but shall not exceed the level of support provided under section 105. Projects using volunteers who do
not receive stipends may also be supported under this section.
(c) CRITERIA AND PRIORITIES.—In carrying out this section and
section 123, the Director shall establish criteria and priorities for
awarding grants and entering into contracts under this part in
each fiscal year. No grant or contract exceeding $100,000 shall be
made under this part unless the recipient of the grant or contractor
has been selected by a competitive process that includes public announcement of the availability of funds for such grant or contract,
general criteria for the selection of recipients or contractors, and a
description of the application process and application review process.
(42 U.S.C. 4992)
SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.

The Director may provide technical and financial assistance to
Federal agencies, State and local governments and agencies, private nonprofit organizations, employers, and other private organizations that utilize or desire to utilize volunteers in carrying out
the purpose of this part.
(42 U.S.C. 4993)

TITLE II—NATIONAL SENIOR SERVICE CORPS
SEC. 200. STATEMENT OF PURPOSE.

It is the purpose of this title to provide—
(1) opportunities for senior service to meet unmet local,
State, and national needs in the areas of education, public
safety, emergency and disaster preparedness, relief, and recovery, health and human needs, and the environment;
(2) for the National Senior Service Corps, comprised of the
Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and
demonstration and other programs, to empower people 55
years of age or older to contribute to their communities

15

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 201

through service, enhance the lives of those who serve and those
whom they serve, and provide communities with valuable services;
(3) opportunities for people 55 years of age or older,
through the Retired and Senior Volunteer Program, to share
their knowledge, experiences, abilities, and skills for the betterment of their communities and themselves;
(4) opportunities for low-income people 55 years of age or
older, through the Foster Grandparents Program, to have a
positive impact on the lives of children in need; and
(5) opportunities for low-income people 55 years of age or
older, through the Senior Companion Program, to provide support services and companionship to other older individuals
through volunteer service.
(42 U.S.C. 5000)

PART A—RETIRED

AND

SENIOR VOLUNTEER PROGRAM

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 201. (a) In order to help retired individuals and working
older individuals to share their experiences, abilities, and skills to
improve their communities and themselves through service in their
communities, the Director is authorized to make grants to State
agencies (established or designated pursuant to section 305(a)(1) of
the Older Americans Act of 1965, as amended (42 U.S.C.
3025(a)(1))) or grants to or contracts with other public and nonprofit private agencies and organizations to pay part or all of the
costs for the development or operation, or both, of volunteer service
projects under this section, if the Director determines, in accordance with regulations the Director shall prescribe, that—
(1) volunteers will not be reimbursed for other than transportation, meals, and other out-of-pocket expenses incident to
the provision of services under this part;
(2) only individuals 55 years of age or older will be enrolled as volunteers to provide services under this part (except
for administrative purposes), and such services will be performed in the community where such individuals reside or in
nearby communities either (A) on publicly owned and operated
facilities or projects, or (B) on local projects sponsored by private nonprofit organizations (other than political parties),
other than projects involving the construction, operation, or
maintenance of so much of any facility used or to be used for
sectarian instruction or as a place for religious worship;
(3) the project includes such short-term training as may be
necessary to make the most effective use of the skills and talents of participating volunteers and individuals, and provide
for the payment of the reasonable expenses of such volunteers
while undergoing such training; and
(4) the project is being designed and implemented with the
advice of persons competent in the field of service to be provided, as well as persons who have expertise in the management of volunteers and the needs of older individuals.

Sec. 201

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

16

(b) In no event shall the required proportion of the local contribution (including in-kind contributions) for a grant or contract
made under this section be more than 10 per centum in the first
year of assistance under this section, 20 per centum in the second
such year, 30 per centum in any subsequent such years: Provided,
however, That the Director may make exceptions in cases of demonstrated need, determined (in accordance with regulations which
the Director shall prescribe) on the basis of the financial capability
of a particular recipient of assistance under this section, to permit
a lesser local contribution proportion than any required contribution proportion established by the Director in generally applicable
regulations.
(c) 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 305(a)(1) of the Older Americans Act of 1965,
as amended (42 U.S.C. 3025(a)(1)), such agency itself is the recipient of the award or such agency has been afforded at least fortyfive days in which to review the project application and make recommendations thereon.
(d) Notwithstanding any other provision of law, volunteer service under this part shall not be deemed employment for any purpose which the Director finds is not fully consistent with the provisions and in furtherance of the purpose of this part.
(e)(1) Beginning with fiscal year 2013 and for each fiscal year
thereafter, each grant or contract awarded under this section, for
such a year, shall be—
(A) awarded for a period of 3 years, with an option for a
grant renewal of 3 years if the grantee meets the performances
measures established under subsection (g); and
(B) awarded through a competitive process described in
paragraph (2).
(2)(A) The Corporation shall promulgate regulations establishing the competitive process required under paragraph (1)(B),
and make such regulations available to the public, not later than
18 months after the date of the enactment of the Serve America
Act. The Corporation shall consult with the directors of programs
receiving grants under this section during the development and implementation of the competitive process.
(B) The competitive process required by subparagraph (A)
shall—
(i) include the use of a peer review panel, including members with expertise in senior service and aging, to review applications;
(ii) include site inspections of programs assisted under this
section, as appropriate;
(iii) in the case of an applicant who has previously received
a grant or contract for a program under this section, include
an evaluation of the program conducted by a review team, as
described in subsection (f);
(iv) ensure that—
(I) the grants or contracts awarded under this section
through the competitive process for a grant or contract
cycle support an aggregate number of volunteer service

17

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 201

years for a given geographic service area that is not less
than the aggregate number of volunteer service years supported under this section for such service area for the previous grant or contract cycle;
(II) the grants or contracts awarded under this section
through the competitive process for a grant or contract
cycle maintain a similar program distribution, as compared to the program distribution for the previous grant or
contract cycle; and
(III) every effort is made to minimize the disruption to
volunteers; and
(v) include the use of performance measures, outcomes,
and other criteria established under subsection (g).
(f)(1) Notwithstanding section 412, and effective beginning 180
days after the date of enactment of the Serve America Act, each
grant or contract under this section that expires in fiscal year 2011,
2012, or 2013 shall be subject to an evaluation process conducted
by a review team described in paragraph (4). The evaluation process shall be carried out, to the maximum extent practicable, in fiscal year 2010, 2011, and 2012, respectively.
(2) The Corporation shall promulgate regulations establishing
the evaluation process required under paragraph (1), and make
such regulations available to the public, not later than 18 months
after the date of enactment of the Serve America Act. The Corporation shall consult with the directors of programs receiving grants
under this section during the development and implementation of
the evaluation process.
(3) The evaluation process required under paragraph (1)
shall—
(A) include performance measures, outcomes, and other
criteria established under subsection (g); and
(B) evaluate the extent to which the recipient of the grant
or contract meets or exceeds such performance measures, outcomes, and other criteria through a review of the recipient.
(4) To the maximum extent practicable, the Corporation shall
provide that each evaluation required by this subsection is conducted by a review team that—
(A) includes individuals who are knowledgeable about programs assisted under this section;
(B) includes current or former employees of the Corporation who are knowledgeable about programs assisted under
this section;
(C) includes representatives of communities served by volunteers of programs assisted under this section; and
(D) shall receive periodic training to ensure quality and
consistency across evaluations.
(5) The findings of an evaluation described in this subsection
of a program described in paragraph (1) shall—
(A) be presented to the recipient of the grant or contract
for such program in a timely, transparent, and uniform manner that conveys information of program strengths and weaknesses and assists with program improvement; and
(B) be used as the basis for program improvement, and for
the provision of training and technical assistance.

Sec. 201

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

18

(g)(1) The Corporation shall, with particular attention to the
different needs of rural and urban programs assisted under this
section, develop performance measures, outcomes, and other criteria for programs assisted under this section that—
(A) include an assessment of the strengths and areas in
need of improvement of a program assisted under this section;
(B) include an assessment of whether such program has
adequately addressed population and community-wide needs;
(C) include an assessment of the efforts of such program
to collaborate with other community-based organizations, units
of government, and entities providing services to seniors, taking into account barriers to such collaboration that such program may encounter;
(D) include a protocol for fiscal management that shall be
used to assess such program’s compliance with the program requirements for the appropriate use of Federal funds;
(E) include an assessment of whether the program is in
conformity with the eligibility, outreach, enrollment, and other
requirements for programs assisted under this section; and
(F) contain other measures of performance developed by
the Corporation, in consultation with the review teams described in subsection (f)(4).
(2)(A) The performance measures, outcomes, and other criteria
established under this subsection may be updated or modified as
necessary, in consultation with directors of programs under this
section, but not earlier than fiscal year 2014.
(B) For each fiscal year preceding fiscal year 2014, the Corporation may, after consulting with directors of the programs under
this section, determine that a performance measure, outcome, or
criterion established under this subsection is operationally problematic, and may, in consultation with such directors and after notifying the authorizing committees—
(i) eliminate the use of that performance measure, outcome
or criterion; or
(ii) modify that performance measure, outcome, or criterion
as necessary to render it no longer operationally problematic.
(3) In the event that a program does not meet one or more of
the performance measures, outcome, or criteria established under
this subsection, the Corporation shall initiate procedures to terminate the program in accordance with section 412.
(h) The Chief Executive Officer shall develop procedures by
which programs assisted under this section may receive training
and technical assistance, which may include regular monitoring
visits to assist programs in meeting the performance measures,
outcomes, and criteria.
(i)(1) Notwithstanding subsection (g)(3) or section 412, the Corporation shall continue to fund a program assisted under this section that has failed to meet or exceed the performance measures,
outcomes, and other criteria established under this subsection for
not more than 12 months if the competitive process established
under subsection (e) does not result in a successor grant or contract
for such program, in order to minimize the disruption to volunteers
and the disruption of services.

19

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 211

(2) In the case where a program is continued under paragraph
(1), the Corporation shall conduct outreach regarding the availability of a grant under this section for the area served by such
program and establish a new competition for awarding the successor program to the continued program. The recipient operating
the continued program shall remain eligible for the new competition.
(3) The Corporation may monitor the recipient of a grant or
contract supporting a program continued under paragraph (1) during this period and may provide training and technical assistance
to assist such recipient in meeting the performance measures for
such program.
(j) The Corporation shall develop and disseminate an online resource guide for programs under this section not later than 180
days after the date of enactment of the Serve America Act, which
shall include—
(1) examples of high-performing programs assisted under
this section;
(2) corrective actions for underperforming programs; and
(3) examples of meaningful outcome-based performance
measures, outcomes, and criteria that capture a program’s mission and priorities.
(42 U.S.C. 5001)

PART B—FOSTER GRANDPARENT PROGRAM
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 211. (a) The Director is authorized to make grants to or
contracts with public and nonprofit private agencies and organizations to pay part or all of the cost of development and operation
of projects (including direct payments to individuals serving under
this part) designed for the purpose of providing opportunities for
low-income persons age 55 or over to provide supportive person-toperson services in health, education, welfare, and related settings
to children having special or exceptional needs or circumstances
identified as limiting their academic, social, or emotional development. Such services may include services by individuals serving as
foster grandparents to children who are individuals with disabilities, who have chronic health conditions, who are receiving care in
hospitals, who are residing in homes for dependent and neglected
children, or who are receiving services provided by day care centers, schools, early intervention programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.),
Head Start agencies under the Head Start Act, or other programs,
establishments, and institutions providing services for children
having special or exceptional needs or circumstances identified as
limiting their academic, social, or emotional development. Individual foster grandparents may provide person-to-person services
to one or more children, depending on the needs of the project and
local site. The Director may approve assistance in excess of 90 per
centum of the costs of the development and operation of such
projects only if the Director determines, in accordance with regulations the Director shall prescribe establishing objective criteria,
that such action is required in furtherance of the purpose of this

Sec. 211

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

20

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
611(a) of the Older Americans Act of 1965, as amended (42 U.S.C.
3044b) 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)(1) Any public or private nonprofit agency or organization
responsible for providing person-to-person services to a child in a
project carried out under subsection (a) of this section shall have
the exclusive authority to determine, pursuant to the provisions of
paragraph (2) of this subsection 1—
(A) which children may receive supportive person-to-person services under such project;
(B) the period of time during which such services shall be
continued in the case of each individual child; and
(C) whether it is in the best interest of the child receiving,
and the particular foster grandparent providing, services in
such a project, to continue the relationship between the child
and the grandparent under this part after the child reaches
the age of 21, if such child is an individual with a disability
who was receiving such services prior to attaining the age of
21.
(2) If an assignment of a foster grandparent under this part is
suspended or discontinued, the replacement of that foster grandparent shall be determined in a manner consistent with paragraph
(3).
(3) Any determination made by a public or nonprofit private
agency or organization under paragraphs (1) and (2) of this subsection shall be made through mutual agreement by all parties involved with respect to the provision of services to the child involved.
(c) For the purposes of this section, the terms ‘‘child’’ and ‘‘children’’ mean any individual or individuals who are less than 21
years of age.
(d) The Director, in accordance with regulations the Director
shall prescribe, may provide to low-income persons serving as volunteers under this part, such allowances, stipends, and other support as the Director determines are necessary to carry out the purpose of this part. Any stipend or allowance provided under this section shall not be less than $3.00 per hour, except that (1) such stipend or allowance shall not be increased as a result of an amendment made to this sentence unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in
1 Section

2144(2)(A)(i) of Public Law 111–13 provides as follows:

(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by striking ‘‘shall have’’ and all
that follows through ‘‘(2) of the subsection’’ and inserting ‘‘may determine’’;
The amendment was not executed because the amendment probably should have been to
strike ‘‘shall have’’ and all that follows through ‘‘(2) of [this] subsection’’ and inserting ‘‘may determine’’.

21

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 211

question a number of participants to serve under this part at least
equal to the number of such participants serving during the preceding fiscal year, and (2) in the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or allowance provided to the minimum hourly rate specified
in this sentence, the Director shall increase the stipend or allowance to such amount as appropriations for such year permit consistent with clause (1) of this exception. In establishing the amount
of, and the effective date for, such adjustment, the Director, in consultation with the State Commissions on National and Community
Service (as established under section 178 of the National and Community Service Act of 1990) and the heads of the State offices established under section 195 of such Act, shall consider the effect
such adjustment will have on the ability of non-federally funded
volunteer programs similar to the programs under this title to
maintain their current level of volunteer hours.
(e) For purposes of this part, the terms ‘‘low-income person’’
and ‘‘person of low income’’ mean—
(1) any person whose income is not more than 200 percent
of the poverty line defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) and adjusted by
the Director in the manner described in such section; and
(2) any person whose income is not more that 100 percent
of such poverty line, as so adjusted and determined by the Director after taking into consideration existing poverty guidelines as appropriate to local situations.
Persons described in paragraph (2) shall be given special consideration for participation in projects under this part.
(f)(1)(A) Except as provided in subparagraph (B), individuals
who are not low-income persons may serve as volunteers under this
part, in accordance with such regulations as the Director shall
issue, if such individuals serve without receiving any allowance,
stipend, or other financial support under this part except reimbursement for transportation, meals, and out-of-pocket expenses incident to serving under this part.
(B) The regulations issued by the Director to carry out this
part (other than any regulations relating to allowances, stipends,
and other financial support authorized by subsection (d) to be paid
under this part to low-income persons) shall apply to all volunteers
under this part, without regard to whether such volunteers are eligible to receive a stipend under subsection (d).
(2)(A) Except as provided in subparagraph (B), each recipient
of a grant or contract to carry out a project under this part shall
give equal treatment to all volunteers who participate in such
project, without regard to whether such volunteers are eligible to
receive a stipend under subsection (d).
(B) An individual who is not a low-income person may not become a volunteer under this part if allowing such individual to become a volunteer under this part would prevent a low-income individual from becoming a volunteer under this part or would displace
a low-income person from being such a volunteer.

Sec. 213

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

22

(3) 1 The Director may not take into consideration or require as
a condition of receiving a grant or contract to carry out a project
under this part, any applicant for such grant or contract—
(A) to accept or recruit individuals who are not low-income
persons to serve as volunteers under this part; or
(B) to solicit locally generated contributions, in cash or in
kind, to support such individuals.
The Director may not coerce any applicant for, or recipient of, such
grant or contract to engage in conduct described in subparagraph
(A) or (B).
(4) Funds appropriated to carry out this part may not be used
to pay any cost, including any administrative cost, incurred in connection with volunteers under this part who do not receive a stipend under subsection (d). Such cost incurred with respect to a volunteer may be paid with—
(A) funds received by the Director as unrestricted gifts;
(B) funds received by the Director as gifts to pay such cost;
(C) funds contributed by such volunteer; or
(D) locally generated contributions in excess of the amount
required to be contributed under subsection (a), in the discretion of the recipient of a grant or contract under such subsection.
(42 U.S.C. 5011)

PART C—SENIOR COMPANION PROGRAM
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 213. (a) The Director is authorized to make grants to or
contracts with public and nonprofit private agencies and organizations to pay part or all of the cost of development and operation
of projects (including direct payments to individuals serving under
this part in the same manner as provided in section 211(a)) designed for the purpose of providing opportunities for low-income
persons age 55 or older to serve as ‘‘senior companions’’ to persons
with exceptional needs. Senior companions may provide services
designed to help older persons requiring long-term care, including
services to persons receiving home health care, nursing care, homedelivered meals or other nutritional services; services designed to
help persons deinstitutionalized from mental hospitals, nursing
homes, and other institutions; and services designed to assist persons having developmental disabilities and other special needs for
companionship.
(b) Subsections (d), (e), and (f) of section 211, and such other
provisions of part B as the Director determines to be necessary,
shall apply to this part, except that for purposes of this part any
reference in such subsections and such provisions to part B shall
be deemed to be a reference to this part.
(c)(1) The Director is authorized to make grants or contracts
after subsection (a) for senior companion projects to assist homebound elderly individuals to remain in their own homes and to en1 Section

7(a) of Public Law 99–551, approved October 27, 1987, provides as follows:
‘‘(2) Section 211(f)(3) of the Domestic Volunteer Service Act of 1973, as added by paragraph
(1), shall apply with respect to grants and contracts made under section 211(a) of such Act before the date of the enactment of this Act.’’.

23

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 221

able institutionalized elderly individuals to return to home care
settings.
(2)(A) The Director is authorized to recruit, subject to subparagraph (B), senior companion volunteer trainers who on the basis of
experience (such as, doctors, nurses, home economists, social workers) will be used to train senior companion volunteers to participate in and monitor initial and continuing needs assessments and
appropriate in-home services for senior companion volunteer recipients. The needs assessments and in-home services shall be coordinated with and supplement existing community based home health
and long-term care systems. The Director may also use senior companion volunteer leaders, who on the basis of experience as volunteers, special skills, and demonstrated leadership abilities may
spend time in the program (in addition to their regular assignment)
to assist newer senior companion volunteers in performing their assignments and in coordinating activities of such volunteers.
(B) Senior companion volunteer trainers recruited under subparagraph (A) of this paragraph shall not be paid stipends.
(42 U.S.C. 5013)

PART D—GENERAL PROVISIONS
PROMOTION OF NATIONAL SENIOR SERVICE CORPS

SEC. 221. (a)(1) In carrying out this title, the Director shall
consult with the Departments of Labor and Health and Human
Services, and any other Federal agencies administering relevant
programs with a view to achieving optimal coordination with such
other programs, and shall promote the coordination of projects
under this title 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 title and in promoting the
identification and interest of low-income and other older persons
whose services may be utilized in projects under this title. 1
(2) To the maximum extent practicable, the Director shall
enter into agreements with—
1 Section 205(c) of Public Law 94–135, supra, provides that:
‘‘(c)(1) In order to provide maximum coordination between programs carried out under title
III and title VII of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.; 42 U.S.C. 3045
et seq.) and national older American volunteer programs carried out under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.), and in order to enhance the effectiveness of the support provided to such national older American volunteer programs by the ACTION Agency, the Director of the ACTION Agency shall designate an aging resource specialist
with respect to programs carried out in each State under title II of the Domestic Volunteer Service Act of 1973.
‘‘(2)(A) Each aging resource specialist designated under paragraph (1) shall be qualified to
serve in such capacity by appropriate experience and training, and shall be stationed in a State
office of the ACTION Agency.
‘‘(B) The primary responsibility of each aging resource specialist shall be—
‘‘(i) to support programs carried out under title II of the Domestic Volunteer Service Act
of 1973 in any State or other jurisdiction served by the State office involved; and
‘‘(ii) to seek to coordinate such programs with programs carried out under title III and
title VII of the Older Americans Act of 1965 in any such State or other jurisdiction.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘ACTION Agency’ means the ACTION Agency established by section 401
of the Act (42 U.S.C. 5041);
‘‘(B) the term ‘primary responsibility’ means the devotion of more than one-half of regular
working hours to the performance of duties described in paragraph (2)(B); and
‘‘(C) the term ‘State’ means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands.’’

Sec. 222

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

24

(A) the Department of Health and Human Services to—
(i) involve retired and senior volunteers, and foster
grandparents, in Head Start programs;
(ii) involve retired and senior volunteers, and senior
companions, in providing services authorized by title III of
the Older Americans Act of 1965; and
(iii) promote the recognition of such volunteers who
are qualified to provide in-home services for reimbursement under title XVIII of the Social Security Act for providing such services;
(B) the Department of Education to promote intergenerational tutoring and mentoring for at-risk children; and
(C) the Environmental Protection Agency to support conservation efforts.
(b)(1) In carrying out this title, the Director shall encourage
and facilitate the efforts of private organizations to promote the
programs established in parts A, B, and C and the involvement of
older individuals as volunteers in such programs.
(2) The Director shall take appropriate actions to ensure that
special efforts are made to publicize the programs established in
parts A, B, and C, in order to facilitate recruitment efforts, to encourage greater participation of volunteers of all ages and backgrounds, living in urban or rural communities, and to emphasize
the value of volunteering to the health and well-being of volunteers
and the communities of such volunteers. Such actions shall include
informing recipients of grants and contracts under this title of all
informational materials available from the Director.
(3) From funds appropriated under section 502, the Director
shall expend not less than $375,000 in each fiscal year to carry out
paragraph (2).
(42 U.S.C. 5021)
PAYMENTS

SEC. 222. Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of
grants, on account of previoulsy made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions, as the Director may determine.
(42 U.S.C. 5022)
MINORITY POPULATION PARTICIPATION

SEC. 223. The Director shall take appropriate steps to insure
that special efforts are made to recruit, select, and assign qualified
individuals age 55 years or older from minority populations to
serve as volunteers under this title.
(42 U.S.C. 5023)
USE OF LOCALLY GENERATED CONTRIBUTIONS IN NATIONAL SENIOR
SERVICE CORPS

SEC. 224. Whenever locally generated contributions made to
National Senior Service Corps projects under this title are in excess
of the amount required by the Director, the Director may not re-

25

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 225

strict the manner in which contributions are expended if expenditures from locally generated contributions are not inconsistent with
the provisions of this Act.
(42 U.S.C. 5024)
PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. 225. (a)(1) With not less than one-third of the funds made
available under subsection (d) in each fiscal year, the Director shall
make grants under the programs authorized in parts A, B, and C
to support programs that address national problems of local concern.
(2) An applicant for a grant under paragraph (1) shall determine whether the program to be supported by the grant is a program under part A, B, or C, and shall submit an application as required for such program.
(3) Each program for which a grant is received under this subsection shall be carried out in accordance with the requirements
applicable to the program under part A, B, or C under which the
program supported by such grant is to be carried out.
(4) To the maximum extent practicable, the Director shall ensure that not less than 25 percent of the funds appropriated under
this section are used to award grants—
(A) to applicants for grants under this section that are not
receiving assistance from the Corporation at the time of such
grant award; or
(B) to applicants from locations where no programs supported under part A, B, or C are in effect at the time of such
grant award.
(5) Notwithstanding paragraph (4), if, for a fiscal year, less
than 25 percent of the applicants for grants under this section are
applicants described in paragraph (4), the Director may use an
amount that is greater than 75 percent of the funds appropriated
under this subsection to award grants to applicants that are already receiving assistance from the Corporation at the time of such
grant award.
(b) The Director shall make grants under subsection (a) to support one or more of the following programs to address problems
that concern the Nation:
(1) Programs that assist individuals with chronic and debilitating illnesses, such as acquired immune deficiency syndrome.
(2) Programs designed to decrease drug and alcohol abuse
through education, prevention, treatment, and rehabilitation.
(3) Programs that work with teenage parents.
(4) Programs that establish and support mentoring programs for low-income youth, including mentoring programs
that match such youth with mentors and match such youth
with employment and training programs, including apprenticeship programs.
(5) Programs that provide adult and school-based literacy
assistance, including literacy programs that serve youth, and
adults, with limited English proficiency.

Sec. 225

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

26

(6) Programs that provide respite care, including care for
elderly individuals and for children and individuals with disabilities or chronic illnesses who are living at home.
(7) Programs that provide before-school and after-school
activities, serving children in low-income communities, that
may engage participants in mentoring relationships, tutoring,
life skills, and study skills programs, service-learning, physical,
nutrition, and health education programs, and other activities
addressing the needs of the children in the communities, including children of working parents.
(8) Programs that serve children who are enrolled in child
care programs, giving priority to such programs that serve children with special needs.
(9) Programs that provide care to developmentally disabled
adults who reside at home and in community-based settings,
including programs that, when appropriate, involve older developmentally disabled individuals as volunteers under this
title.
(10) Programs that provide volunteer tutors to assist students, on a one-to-one basis, to improve the academic achievement of such students.
(11) Programs that engage older individuals with children
and youth to complete service in energy conservation, environmental stewardship, or other environmental needs of a community, including service relating to conducting energy audits, insulating homes, or conducting other activities to promote energy efficiency.
(12) Programs that reach out to organizations (such as
labor unions and profitmaking organizations) not previously involved in addressing national problems of local concern.
(13) Programs that provide for outreach to increase participation of members of ethnic groups who have limited English
proficiency.
(14) Programs in which the grant recipients involved collaborate with criminal justice professionals and organizations
in order to provide prevention programs that serve low-income
youth or youth reentering society after incarceration and their
families, which prevention programs may include mentoring,
counseling, or employment counseling.
(15) Programs that support the community integration of
individuals with disabilities.
(16) Programs that provide health, education, and welfare
services that augment the activities of State and local agencies,
to be carried out in a fiscal year for which the aggregate
amount of funds available to such agencies is not less than the
annual average aggregate amount of funds available to such
agencies for the period of 3 fiscal years preceding such fiscal
year.
(c)(1) In order for an applicant to be eligible to receive a grant
under subsection (a), such applicant shall demonstrate to the Director that such grant will be used to increase the total number of volunteers supported by such applicant and that such applicant has
expertise applicable to implementing the proposed program for
which the applicant is requesting the grant.

27

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 227

(2) Funds made available under subsection (d) shall be used to
supplement and not supplant the number of volunteers engaged in
activities under parts A, B, and C (without regard to this section)
addressing the problem for which such funds are awarded unless
such sums are an extension of funds previously provided under this
section.
(d)(1) Except as provided in paragraph (2), from the amounts
appropriated under subsection (a), (b), (c), or (d) of section 502, for
each fiscal year there shall be available to the Director such sums
as may be necessary to make grants under subsection (a).
(2) No funds shall be available to the Director to make grants
under subsection (a) for a fiscal year unless the amounts appropriated under subsections (a), (b), and (c) of section 502 and available for such fiscal year to carry out parts A, B, and C (without
regard to this section) are sufficient to maintain the number of
projects and volunteers funded under parts A, B, and C, respectively, in the preceding fiscal year.
(e) The Director shall widely disseminate information on
grants that may be made under subsection (a) to field personnel of
the Corporation and to community volunteer organizations that request such information.
(42 U.S.C. 5025)
ADJUSTMENTS TO FEDERAL FINANCIAL ASSISTANCE

SEC. 226. (a)(1) In determining the amount of Federal financial
assistance to be provided under this title to applicants, the Director
shall consider the impact of changes in the Consumer Price Index
For All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor on the administrative costs of operating the projects for which such assistance will be provided.
(2) The Director shall, to the fullest extent practicable, make
appropriate adjustments in the amount referred to in paragraph (1)
to ensure the effective administration of such projects.
(b) The Director shall take reasonable actions to inform applicants for such assistance that such adjustments may be available.
(42 U.S.C. 5026)
MULTIYEAR GRANTS OR CONTRACTS

SEC. 227. (a)(1) Subject to paragraph (2) and the availability of
funds, the Director may make a grant or enter into a contract
under part A, B, or C for a period not to exceed 3 years. Each applicant who receives a grant, or enters into a contract, under such
part for a period exceeding 1 year shall comply with such regulations as the Director may issue to require such applicant—
(A) to demonstrate that such applicant is in compliance
with such part and with the terms and conditions of such grant
or contract; and
(B) to provide information to update the application submitted to obtain such grant or contract.
(2) If the amount appropriated for any fiscal year to carry out
part A, B, or C in a period during which multiyear grants or contracts are in effect under such part is less than the amount appropriated to carry out such part in the first fiscal year in such period,

Sec. 228

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

28

then the amounts payable under all such grants and contracts in
effect in such period under such part shall be reduced pro rata.
(b) The Director shall require each applicant for a multiyear
grant or contract under this section, to document or describe in the
application any meaningful administrative savings that will result
from such multiyear grant or contract.
(c) If an applicant does not receive a multiyear grant or contract under this section, the Director shall consider such applicant
for a single-year grant or contract.
(d) If the Director approves an application for a contract or
grant to carry out a project for a multiyear period as referred to
in subsection (a), the Director shall ensure that such project shall
be treated in the same manner as a single-year contract or grant
with respect to—
(1) the overall level of funding for such project;
(2) any adjustments to Federal financial assistance that
may be available under section 226; and
(3) the renewal of funding on the expiration of the term of
such contract or grant.
(42 U.S.C. 5027)
SEC. 228. ACCEPTANCE OF DONATIONS.
(a) IN GENERAL.—Except as provided

in subsection (b), an entity receiving assistance under this title may accept donations, including donations in cash or in kind fairly evaluated, including
plant, equipment, or services.
(b) EXCEPTION.—An entity receiving assistance under this title
to carry out an activity shall not accept donations from the beneficiaries of the activity.
(42 U.S.C. 5027a)

PART E—DEMONSTRATION PROGRAMS
SEC. 231. AUTHORITY OF DIRECTOR.
(a) IN GENERAL.—The Director

is authorized to make grants to
or enter into contracts with public or nonprofit organizations, including organizations funded under part A, B, or C, for the purposes of demonstrating innovative activities involving older Americans as volunteers. The Director may support under this part both
volunteers receiving stipends and volunteers not receiving stipends.
(b) ACTIVITIES.—An organization that receives a grant or enters into a contract under subsection (a) may use funds made available through the grant or contract for activities such as—
(1) linking youth groups and older American organizations
in volunteer activities;
(2) involving older volunteers in programs and activities
different from programs and activities supported in the community; and
(3) testing whether older American volunteer programs
may contribute to new objectives or certain national priorities.
(42 U.S.C. 5028)

29

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 403

SEC. 232. PROHIBITION.

The Director may not reduce the activities, projects, or volunteers funded under the other parts of this title in order to support
projects under this part.
(42 U.S.C. 5028a)

[TITLE III—Repealed]
TITLE IV—ADMINISTRATION AND COORDINATION
[Sec. 401 Repealed] 1
[Sec. 402 Repealed] 2
POLITICAL ACTIVITIES

SEC. 403. (a) No part of any funds appropriated to carry out
this Act, or any program administered by the Corporation under
this Act, shall be used to finance, directly or indirectly, and activity
designed to influence the outcome of any election to Federal office,
or the outcome of any election to any State or local public office,
or any voter registration activity, or to pay the salary of any officer
or employee of the Corporation, who, in an official capacity as such
an officer or employee, engages in any such activity. As used in this
section, the term ‘‘election’’ has the same meaning (when referring
to an election for Federal office) given such term by section 301(1)
of the Federal Election Campaign Act of 1971 (Public Law 92–225),
and the term ‘‘Federal office’’ has the same meaning given such
term by section 301(3) of such Act.
(b)(1) Programs assisted under this Act shall not be carried on
in a manner involving the use of funds, the provision of services,
or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with—
(A) any partisan or nonpartisan political activity associated with a candidate, or a contending faction or group, in an
election for public or party office;
(B) any activity to provide voters or prospective voters
with transportation to the polls or similar assistance in connection with any such election; or
(C) any voter registration activity;
except that programs assisted under this Act may make voter registration applications and nonpartisan voter registration information available to the public on the premises of such programs.
(2) In carrying out any voter registration activity permitted
under paragraph (1), an individual who is affiliated with, or employed to carry out, a program assisted under this Act shall not—
(A) indicate a preference with respect to any candidate, political party, or election issue; or
(B) seek to influence the political or party affiliation, or
voting decision, of any individual.
(c) No funds appropriated to carry out this Act shall be used
by any program assisted under this Act in any activity for the pur1 Section
2 Section

401 was repealed by section 203(b) of Public Law 103–82.
402 was repealed by section 203(b) of Public Law 103–82.

Sec. 404

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

30

pose of influencing the passage of defeat of legislation or proposals
by initiative petition, except—
(1) in any case in which a legislative body, a committee of
a legislative body, or a member of a legislative body requests
any volunteer in, or employee of, such a program to draft, review, or testify regarding measures or to make representations
to such legislative body, committee, or member; or
(2) in connection with an authorization or appropriations
measure directly affecting the operation of the program.
(d) The Director, after consultation with the Office of Personnel
Management, shall issue rules and regulations to provide for the
enforcement of this section, which shall include provisions for summary suspension of assistance for no more than thirty days until
notice and an opportunity to be heard can be provided or other action necessary to permit enforcement on an emergency basis.
(42 U.S.C. 5043)
SPECIAL LIMITATIONS

SEC. 404. (a) The Director shall prescribe regulations and shall
carry out the provisions of this Act so as to assure that the service
of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this Act is limited to activities
which would not otherwise be performed by employed workers or
other volunteers (not including participants under this Act and the
National and Community Service Act of 1990 (42 U.S.C. 12501 et
seq.)), and which will not supplant the hiring of or result in the displacement of employed workers or other volunteers (not including
participants under this Act and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),, 1 or impair existing contracts for service.
(b) All support, including transportation provided to volunteers
under this Act, shall be furnished at the lowest possible costs consistent with the effective operation of volunteer programs.
(c) No agency or organization to which volunteers are assigned
hereunder, or which operates or supervises any voluntary program
hereunder, shall request or receive any compensation from such
volunteers or from beneficiaries for services of volunteers supervised by such agency or organization.
(d) No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or anti-labor organization or related activity.
(e) Persons serving as volunteers under this Act 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 Act. 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 Act who wish to become volunteers as the Director
determines will further the purposes of this Act.
1 Two commas in section 404(a) so in law. See amendment made by section 2151 of Public
Law 111–13.

31

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 408

(f)(1) Notwithstanding any other provision of law except as
may be provided expressly in limitation of this subsection, payments to volunteers under this Act shall not in any way reduce or
eliminate the level of or eligibility for assistance or services any
such volunteers may be receiving under any governmental program, except that this paragraph shall not apply in the case of
such payments when the Director determines that the value of all
such payments, adjusted to reflect the number of hours such volunteers are serving, is equivalent to or greater than the minimum
wage then in effect under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) or the minimum wage, under the laws of the
State where such volunteers are serving, whichever is the greater.
(2) Notwithstanding any other provision of law, a person enrolled for full-time service as a volunteer under title I of this Act
who was otherwise entitled to receive assistance or services under
any governmental program prior to such volunteer’s enrollment
shall not be denied such assistance or services because of such volunteer’s failure or refusal to register for, seek, or accept employment or training during the period of such service.
(42 U.S.C. 5044)

[Sec. 405 Repealed] 1
LABOR STANDARDS

SEC. 406. All laborers and mechanics employed by contractors
or subcontractors in the construction, alteration or repair, including
painting and decorating of projects, buildings and works which are
federally assisted under this Act 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 DavisBacon Act, as amended (40 U.S.C. 276a—276a–5). The Secretary of
Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of
1950 (15 F.R. 3176; 64 Stat. 1267) and in section 2 of the Act of
June 1, 1934, as amended (48 Stat. 948, ch. 492, as amended; 40
U.S.C. 276c).
(42 U.S.C. 5046)

[Sec. 407 Repealed] 2
JOINT FUNDING

SEC. 408. Pursuant to regulations prescribed by the President,
and to the extent consistent with the other provisions of this Act,
where funds are provided for a single project by more than one
Federal agency to an agency or organization assisted under this
Act, 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 nonFederal share requirement may be established according to the proportion of funds advanced by each agency. When the principal
agency involved is the Corporation, it may waive any grant or contract requirement (as defined by such regulations) under or pursu1 Section
2 Section

405 was repealed by section 20 of Public Law 98–288, effective January 1, 1986.
407 was repealed by section 367 of Public Law 103–82.

Sec. 409

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

32

ant to any law other than this Act, which requirement is inconsistent with the similar requirements under or pursuant to this
Act.
(42 U.S.C. 5048)
PROHIBITION OF FEDERAL CONTROL

SEC. 409. Nothing contained in this Act 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.
(42 U.S.C. 5049)
COORDINATION WITH OTHER PROGRAMS

SEC. 410. The Director shall take necessary steps to coordinate
volunteer programs authorized under this Act with one another,
with community action programs, and with other related Federal,
State, and local programs. The Director shall also consult with the
heads of other Federal, State, and local agencies responsible for
programs related to the purposes of this Act 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 Act. The Director, in consultation with the Director of the Office of Personnel Management
and the Secretaries of Labor, Commerce, and the Treasury and officials of other appropriate departments and agencies, shall take all
appropriate steps to encourage State and local governments, charitable and service organizations, and private employers (1) to take
into account experience in volunteer work in the consideration of
applicants for employment; and (2) to make provisions for the listing and description of volunteer work on all employment application forms.
(42 U.S.C. 5050)
PROHIBITION

SEC. 411. In order to assure that existing Federal agencies are
used to the fullest extent possible in carrying out the purposes of
this Act, no funds appropriated to carry out this Act shall be used
to establish any new department or office when the intended function is being performed by an existing department or office.
(42 U.S.C. 5051)
NOTICE AND HEARING PROCEDURES FOR SUSPENSION AND
TERMINATION OF FINANCIAL ASSISTANCE

SEC. 412. (a) The Director is authorized, in accordance with the
provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance
under this Act, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of
any such grant or contract. The Director shall prescribe procedures
to insure that—

33

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 415

(1) assistance under this Act shall not be suspended for
failure to comply with applicable terms and conditions, except
in emergency situations for thirty days;
(2) an application for refunding under this Act may not be
denied unless the recipient has been given (A) notice at least
75 days before the denial of such application of the possibility
of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken;
(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the
grant or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing
officer, who has been agreed to by the recipient and the Agency; and
(4) assistance under this Act shall not be terminated for
failure to comply with applicable terms and conditions unless
the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the
recipient agency.
(42 U.S.C. 5052)

[Sec. 413, Repealed.] 1
DISTRIBUTION OF BENEFITS BETWEEN RURAL AND URBAN AREAS

SEC. 414. The Director shall adopt appropriate administrative
measures to assure that the benefits of and services under this Act
will be distributed equitably between residents of rural and urban
areas.
(42 U.S.C. 5054)
APPLICATION OF FEDERAL LAW

SEC. 415. (a) Except as provided in subsections (b), (c), (d), and
(e) of this section, volunteers under this Act 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) Individuals enrolled as volunteers for periods of full-time
service, or, as the Director deems appropriate in accordance with
regulations, for periods of part-time service of not less than 20
hours per week for not less than 26 consecutive weeks, under title
I of this Act: shall, with respect to such service or training, (1) for
the purposes of subchapter III of chapter 73 of title 5, United
States Code, be deemed persons employed in the executive branch
of the Federal Government, (2) for the purposes of the Internal
Revenue Code of 1954 (26 U.S.C. 1 et seq.) and title II of the Social
Security Act (42 U.S.C. 401 et seq.), be deemed employees of the
United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the
employ of the United States, (3) for the purposes of the Federal
1 Section

413 was repealed by section 5(a) of P.L. 94–293.

Sec. 415

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

34

Tort Claims provisions of title 28, United States Code, be deemed
employees of the United States, (4) for the purposes of subchapter
1 of chapter 81 of title 5, United States Code (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, United States
Code, and the provisions of that subchapter shall apply except as
follows: (A) in computing compensation benefits for disability or
death, the annual rate of pay of a volunteer enrolled for a period
of full-time service under such title I shall be deemed to be that
received under the entrance salary for an employee at grade GS–
5 of the General Schedule under section 5332 of title 5, United
States Code, and the annual rate of pay of a volunteer enrolled for
a period or part-time service under such title I shall be deemed to
be such entry salary or an appropriate portion thereof as determined by the Director, and subsections (a) and (b) of section 8113
of title 5, United States Code, shall apply, and (B) compensation for
disability shall not begin to accrue until the day following the date
on which the injured volunteer is terminated, and (5) be deemed
employees of the United States for the purposes of section 5584 of
title 5, United States Code (and stipends and allowances paid
under this Act shall be considered as pay for such purposes).
(c) 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 title I
of this Act, 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 (as such part was in effect on the day before the date
of enactment of the Serve America Act) or C of title I of this Act,
shall be credited in connection with subsequent employment in the
same manner as a like period of civilian employment by the United
States Government—
(1) for the purposes of any Act establishing a retirement
system for civilian employees of any United States Government
agency; and
(2) except as otherwise determined by the President, for
the purposes of determining seniority, reduction in force, and
layoff rights, leave entitlement, and other rights and privileges
based upon length of service under the laws administered by
the Office of Personnel Management, the Foreign Service Act
of 1980, 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) Volunteers serving in programs for periods of service of at
least one year under part A of title I of this Act, and volunteers
serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991–2994d), including
those whose service was completed under such Act, who the Director determines, in accordance with regulations the Director shall
prescribe, have successfully completed their periods of service, shall
be eligible for appointment in the competitive service in the same

35

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 415

manner as Peace Corps volunteers as prescribed in Executive
Order Number 11103 (April 10, 1963).
(e) 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 (as
such part was in effect on the day before the date of enactment of
the Serve America Act), or C of title I of this Act.
(f)(1) The remedy—
(A) against the United States provided by sections 1346(b)
and 2672 of title 28, United States Code, or
(B) through proceedings for compensation or other benefits
from the United States as provided by any other law, where
the availability of such benefits precludes a remedy under section 1346(b) or 2672 of such title 28,
for damages for personal injury, including death, allegedly arising
from malpractice or negligence of a physician, dentist, podiatrist,
optometrist, nurse, physician assistant, expanded-function dental
auxiliary, pharmacist, or paramedical (for example, medical and
dental technicians, nursing assistants, and therapists) or other
supporting personnel in furnishing medical care or treatment while
in the exercise of such person’s duties as a volunteer enrolled
under title I of this Act shall be exclusive of any other civil action
or proceeding by reason of the same subject matter against such
person (or such person’s estate) whose action or omission gave rise
to such claim.
(2) The Attorney General of the United States shall defend any
civil action or proceeding brought in any court against any person
referred to in paragraph (1) of this subsection (or such person’s estate) for any such damage or injury. Any such person against
whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate supervisor or to whomever is designated by the Director to receive
such papers, and such person shall promptly furnish copies of the
pleading and process therein to the United States attorney for the
district embracing the place wherein the proceeding is brought and
to the Attorney General.
(3) Upon a certification by the Attorney General that the defendant was acting in the scope of such person’s volunteer assignment at the time of the incident out of which the suit arose, any
such civil action or proceeding commenced in a State court shall be
removed without bond at any time before trial by the Attorney
General to the district court of the United States of the district and
division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States
under the provisions of title 28, United States Code, and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action
had originally been commenced against the United States. Should
a district court of the United States determine on a hearing on a
motion to remand held before a trial on the merits that the volun-

Sec. 416

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

36

teer whose act or omission gave rise to the suit was not acting
within the scope of such person’s volunteer assignment, the case
shall be remanded to the State court.
(4) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided
in section 2677 of title 28, United States Code, and with the same
effect.
(42 U.S.C. 5055)
EVALUATION

SEC. 416. (a) The Director shall measure and evaluate the impact of all programs authorized by this Act, 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. Each program shall be evaluated at least
once every three years. Evaluations shall be conducted by persons
not immediately involved in the administration of the program or
project evaluated. Such evaluation shall also measure and evaluate
compliance with the equitable distribution requirement of section
414 of this Act.
(b) The Director shall develop and publish general standards
for evaluation of program and project effectiveness in achieving the
objectives of this Act. Reports submitted pursuant to section 407
shall describe the actions taken as a result of evaluations carried
out under this section.
(c) In carrying out evaluations under this title, 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) 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) 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) Not later than December 31, 1988, the Director shall—
(1) evaluate the impact of Corporation programs carried
out under title II that relate to services that assist families
caring for frail and disabled adult family members and shall
include in such evaluation information on—
(A) the range and extent of service needs of, and the
services provided to, family caregivers assisted by volunteers;
(B) the characteristics of volunteers and the skills,
training, and supervision necessary to provide various
types of volunteer assistance to family caregivers;
(C) administrative costs, including recruitment, training, and supervision costs, associated with volunteer assistance to family caregivers; and
(D) such other issues as may be relevant to provide
services to assist family caregivers;
(2) evaluate the impact that volunteers who participate in
programs under parts B and C of title II without receiving a

37

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 417

stipend have on such programs and shall include in such evaluation—
(A) information on administrative costs associated
with such volunteers;
(B) a comparison of the quality of services provided by
such volunteers and the quality of services provided by volunteers who receive a stipend under such parts, including
the rate of absenteeism and turnover; and
(C) a review of the effect that participation by volunteers who do not receive such stipend have on the administration of such programs; and
(3) submit to the authorizing committees a report summarizing in detail the results of the evaluations made under paragraphs (1) and (2).
(g) The Director is authorized to use such sums as are required, but not to exceed 1 per centum of the funds appropriated
under this Act, to conduct program and project evaluations (directly, or by grants or contracts) as required by this Act. 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.
(42 U.S.C. 5056)
SEC. 417. NONDISCRIMINATION PROVISIONS.
(a) IN GENERAL.—
(1) BASIS.—An individual with responsibility

for the operation of a program that receives assistance under this Act shall
not discriminate against a participant in, or member of the
staff of, such program on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member
is a qualified individual with a disability.
(2) DEFINITION.—As used in paragraph (1), the term
‘‘qualified individual with a disability’’ has the meaning given
the term in section 101(8) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12111(8)).
(b) FEDERAL FINANCIAL ASSISTANCE.—Any assistance provided
under this Act shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.).
(c) RELIGIOUS DISCRIMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
individual with responsibility for the operation of a program
that receives assistance under this Act shall not discriminate
on the basis of religion against a participant in such program
or a member of the staff of such program who is paid with
funds received under this Act.
(2) EXCEPTION.—Paragraph (1) shall not apply to the employment, with assistance provided under this Act, of any
member of the staff, of a program that receives assistance
under this Act, who was employed with the organization oper-

Sec. 418

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

38

ating the program on the date the grant under this Act was
awarded.
(d) RULES AND REGULATIONS.—The Director shall promulgate
rules and regulations to provide for the enforcement of this section
that shall include provisions for summary suspension of assistance
for not more than 30 days, on an emergency basis, until notice and
an opportunity to be heard can be provided.
(42 U.S.C. 5057)
ELIGIBILITY FOR OTHER BENEFITS

SEC. 418. Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to title II of this Act shall
be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, temporary disability, retirement, public assistance, workers’ compensation or similar benefit
payments, or minimum wage laws. This section shall become effective with respect to all payments made after the effective date of
this Act.
(42 U.S.C. 5058)
LEGAL EXPENSES

SEC. 419. 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 Act), serving under
this Act have been made parties.
(42 U.S.C. 5059)
DEFINITIONS

SEC. 421. For the purposes of this Act—
(1) the term ‘‘Director’’ means the Chief Executive Officer
of the Corporation for National and Community Service appointed under section 193 of the National and Community
Service Act of 1990;
(2) the terms ‘‘United States’’ and ‘‘States’’ mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, the American Samoa, the Commonwealth of the
Northern Mariana Islands, and, for the purposes of title II of
this Act, the Trust Territory of the Pacific Islands;
(3) the term ‘‘nonprofit’’ as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private
shareholder or individual;
(4) the term ‘‘poor’’ or ‘‘low-income’’ persons, individuals, or
volunteers means such individuals whose incomes fall at or
below the poverty line as set forth in section 625 of the Economic Opportunity Act of 1964, as amended by Public Law 92–

39

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 421

424 (42 U.S.C. 2971d): Provided, That in determining who is
‘‘poor’’ or ‘‘low-income’’, the Director shall take into consideration existing poverty guidelines as appropriate to local situations;
(5) the terms ‘‘public agencies or organizations’’ and ‘‘Federal, State, or local agencies’’ shall include any Indian tribe,
band, nation, or other organized group or community (including any Alaskan native village or regional village corporation
as defined in or established pursuant to the Alaska Native
Claims Settlement Act) which is recognized by the United
States or the State in which it resides as eligible for special
programs and services provided to Indians because of their status as Indians;
(6) the term ‘‘poverty line for a single individual’’ means
such poverty line as established by the Director of the Office
of Management and Budget in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2));
(7) the term ‘‘Corporation’’ means the Corporation for National and Community Service established under section 191 of
the National and Community Service Act of 1990;
(8) the term ‘‘foster grandparent’’ means a volunteer in the
Foster Grandparent Program;
(9) the term ‘‘Foster Grandparent Program’’ means the
program established under part B of title II;
(10) except as provided in section 417, the term ‘‘individual
with a disability’’ has the meaning given the term in section
7(20)(B) of the Rehabilitation Act of 1973;
(11) the term ‘‘Inspector General’’ means the Inspector
General of the Corporation;
(12) the term ‘‘national senior volunteer’’ means a volunteer in the National Senior Service Corps;
(13) the term ‘‘National Senior Service Corps’’ means the
programs established under parts A, B, C, and E of title II;
(14) the term ‘‘Retired and Senior Volunteer Program’’
means the program established under part A of title II;
(15) the term ‘‘retired or senior volunteer’’ means a volunteer in the Retired and Senior Volunteer Program;
(16) the term ‘‘senior companion’’ means a volunteer in the
Senior Companion Program;
(17) the term ‘‘Senior Companion Program’’ means the program established under part C of title II;
(18) the terms ‘‘VISTA’’ and ‘‘Volunteers in Service to
America’’ mean the program established under part A of title
I;
(19) the term ‘‘VISTA volunteer’’ means a volunteer in
VISTA; and
(20) the term ‘‘authorizing committees’’ means the Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate.
(42 U.S.C. 5061)

Sec. 422

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

40

AUDIT

SEC. 422. (a) Each recipient of Federal grants, subgrants, contracts, subcontracts, or loans entered into under this Act other
than by formal advertising, and which are otherwise authorized by
this Act, shall keep such records as the Director or the Inspector
General shall prescribe, including records which fully disclose the
amount and disposition by such recipient of the proceeds of such
assistance, the total cost of the project or undertaking in connection
with which such assistance is given or used, the amount of that
portion of the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective audit.
(b) The Director, the Inspector General, and the Comptroller
General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of
this section, have access for the purpose of audit and examination
to any books, documents, papers, and records of such recipients
which in the opinion of the Director, the Inspector General, or the
Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or loans referred to in subsection
(a).
(42 U.S.C. 5062)
REDUCTION OF PAPERWORK

SEC. 423. In order to reduce unnecessary, duplicative, or disruptive demands for information, the Director, in consultation with
other appropriate agencies and organizations, shall continually review and evaluate all requests for information made under this Act
and take such action as may be necessary to reduce the paper work
required under this Act. The Director shall request only such information as the Director deems essential to carry out the purposes
and provisions of this Act.
(42 U.S.C. 5063)
REVIEW OF PROJECT RENEWALS

SEC. 424. If the executive authority of any State of local government submits to the director, not later than 30 days before the
expiration of any contract or grant to carry out any project under
this Act, a statement which objects to the renewal of such contract
or grant, then the Director shall (1) review such statement and
take it into account in determining whether to renew such contract
or grant; and (2) submit to such executive authority a written
statement of reasons regarding the Director’s determination with
respect to such renewal and specifically with respect to any objection so submitted.
(42 U.S.C. 5064)
SEC. 425. PROTECTION AGAINST IMPROPER USE.

Whoever falsely—
(1) advertises or represents; or
(2) publishes or displays any sign, symbol, or advertisement, reasonably calculated to convey the impression,

41

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 502

that an entity is affiliated with, funded by, or operating under the
authority of the Corporation, VISTA, or any of the programs of the
National Senior Service Corps may be enjoined under an action
filed by the Attorney General, on a complaint by the Director.
(42 U.S.C. 5065)
SEC. 426. PROVISIONS UNDER THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990.

The Corporation shall carry out this Act in accordance with the
provisions of this Act and the relevant provisions of the National
and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), particularly the provisions of section 122 and subtitle F of title I of the
National and Community Service Act of 1990 (42 U.S.C. 12572,
12631 et seq.) relating to the national service laws.
(42 U.S.C. 5066)

TITLE V—AUTHORIZATION OF APPROPRIATIONS
SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS.
(a) AUTHORIZATIONS.—
(1) VOLUNTEERS IN SERVICE TO AMERICA.—There

are authorized to be appropriated to carry out part A of title I
$100,000,000 for fiscal year 2010 and such sums as may be
necessary for each of the fiscal years 2011 through 2014.
(2) SPECIAL VOLUNTEER PROGRAMS.—There are authorized
to be appropriated to carry out part C of title I such sums as
may be necessary for each of fiscal years 2010 through 2014.
(3) SPECIFICATION OF BUDGET FUNCTION.—The authorizations of appropriations contained in this subsection shall be
considered to be a component of budget function 500 as used
by the Office of Management and Budget to cover education,
training, employment, and social services, and, as such, shall
be considered to be related to the programs of the Departments
of Labor, Health and Human Services, and Education for budgetary purposes.
(b) SUBSISTENCE.—The minimum level of an allowance for subsistence required under section 105(b)(2), to be provided to each
volunteer under title I, may not be reduced or limited in order to
provide for an increase in the number of volunteer service years
under part A of title I.
(c) LIMITATION.—No part of the funds appropriated to carry out
part A of title I may be used to provide volunteers or assistance
to any program or project authorized under part C of title I, or
under title II, unless the program or project meets the antipoverty
criteria of part A of title I.
(d) AVAILABILITY.—Amounts appropriated for part A of title I
shall remain available for obligation until the end of the fiscal year
following the fiscal year for which the amounts were appropriated.
(42 U.S.C. 5081)
SEC. 502. NATIONAL SENIOR SERVICE CORPS.
(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—There

are authorized to be appropriated to carry out part A of title II,
$70,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2014.

Sec. 505

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

42

(b) FOSTER GRANDPARENT PROGRAM.—There are authorized to
be appropriated to carry out part B of title II, $115,000,000 for fiscal year 2010, and such sums as may be necessary for each of the
fiscal years 2011 through 2014.
(c) SENIOR COMPANION PROGRAM.—There are authorized to be
appropriated to carry out part C of title II, $55,000,000 for fiscal
year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2014.
(d) DEMONSTRATION PROGRAMS.—There are authorized to be
appropriated to carry out part E of title II, such sums as may be
necessary for each of the fiscal years 2010 through 2014.
(42 U.S.C. 5082)

[Sec. 503. Repealed. P.L. 95–510, sec. 102(b) October 24, 1978,
92 Stat. 1781.]
SEC. 504. ADMINISTRATION AND COORDINATION.
(a) IN GENERAL.—For each of the fiscal years

2010 through
2014, there are authorized to be appropriated for the administration of this Act as provided for in title IV, 18 percent of the total
amount appropriated under sections 501 and 502 with respect to
such year.
(b) EVALUATION.—For each of the fiscal years 2010 through
2014, the Director is authorized to expend not less than 21⁄2 percent, and not more than 5 percent, of the amount appropriated
under subsection (a), for the purposes prescribed in section 416.
(42 U.S.C. 5084)
AVAILABILITY OF APPROPRIATIONS

SEC. 505. 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 Act or any predecessor authority shall remain
available, in accordance with the provisions of this Act, for obligation and expenditure until expended.
(42 U.S.C. 5085)

TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS
SUPERSEDENCE OF REORGANIZATION PLAN NUMBER 1 OF JULY 1, 1971

SEC. 601. (a) Sections 1, 2(a), 3, and 4 of the Reorganization
Plan Number 1 of 1971 (July 1, 1971) are hereby superseded.
(b) The personnel, property, records, and unexpected balances
of appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the functions transferred to the Director of the ACTION Agency by sections
2(a) and 4 of such reorganization plan are hereby transferred to the
ACTION Agency established by section 401. All grants, contracts,
and other agreements awarded or entered into under the authority
of such reorganization plan will be recognized under comparable
provisions of this Act so that there is no disruption of ongoing activities for which there is continuing authority.
(c) All official actions taken by the Director of the ACTION
Agency, the designee of the Director, or any other person under the

43

DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 604

authority of such reorganization plan which are in force on the effective date of this Act and for which there is continuing authority
under the provisions of this Act, and the length of the period of
service of volunteers serving or under going training under title
VIII of the Economic Opportunity Act of 1964, as amended (42
U.S.C. 2991–2994d) on the effective date of this Act, shall continue
in full force and effect until modified, superseded, or revoked by the
Director.
(d) All references to ACTION, or the Director of ACTION in
any statute, reorganization plan, Executive order, regulation, or
other official document or proceeding shall, on and after the effective date of this Act, be deemed to refer to the ACTION Agency established by section 401 and the Director thereof.
(e) No suit, action or other proceeding, and no cause of action,
by or against the agency known as ACTION created by such reorganization plan, or any action by any officer thereof acting in an
official capacity, shall abate by reason of enactment of this Act.
(f) Persons appointed by the President, by and with the advice
and consent of the Senate, to positions requiring such advice and
consent under such reorganization plan may continue to serve in
the same capacity in the ACTION Agency without the necessity of
an additional appointment by the President or further such advice
and consent by the Senate.
CREDITABLE SERVICE FOR CIVIL SERVICE RETIREMENT

SEC. 602. Section 8332(b)(7) of title 5, United States Code (relating to creditable service to civil service retirement), is amended
by inserting a comma and ‘‘or a period of service of a full-time volunteer enrolled in a program of at least one year’s duration under
part A, B, or C of title I of the Domestic Volunteer Service Act of
1973 (—U.S.C.—)’’ after ‘‘Economic Opportunity Act of 1964’’.
REPEAL OF TITLE VIII OF THE ECONOMIC OPPORTUNITY ACT

SEC. 603. Title VIII of the Economic Opportunity Act of 1964,
as amended (42 U.S.C. 2991–2994d), is hereby repealed.
REPEAL OF TITLE VI OF THE OLDER AMERICANS ACT

SEC. 604. (a) Title VI of the Older Americans Act of 1965, as
amended (42 U.S.C. 3044–3044e), is hereby repealed.
(b) Section 908 of the Older Americans Comprehensive Services AmendmentsAct of 1973 (Public Law 93–29) is amended by
striking out ‘‘1973,’’ and ‘‘1974,’’ and inserting in lieu thereof
‘‘1974,’’ and ‘‘1975,’’, respectively.