
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4959]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
          SUBCHAPTER I--NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS
 
                Part A--Volunteers in Service to America
 
Sec. 4959. VISTA Literacy Corps


(a) Establishment

    As part of the Volunteers in Service to America program established 
under this part, the Director shall establish a VISTA Literacy Corps for 
the purpose of developing, strengthening, supplementing, and expanding 
efforts of both public and nonprofit organizations at the local, State, 
and Federal level to mobilize local, State, Federal, and private sector 
financial and volunteer resources to address the problem of illiteracy 
throughout the United States.

(b) Assignment of volunteers to projects and programs meeting 
        antipoverty criteria and providing assistance to illiterates who 
        are underserved by education programs

    The Director shall assign volunteers to projects and programs that 
meet the antipoverty criteria of this part that provide assistance to 
functionally illiterate and illiterate individuals who are unserved or 
underserved by literacy education programs, with special emphasis upon 
disadvantaged individuals having the highest risk of illiteracy, and 
individuals with the lowest reading and educational level of competence.

(c) Assignment of volunteers to projects and programs utilizing 
        volunteers to address needs of illiterate individuals; 
        administration of programs by public or private nonprofit 
        organizations; considerations governing assignment of volunteers

    (1) The Director shall assign volunteers under this subsection to 
projects and programs that utilize volunteers to address the needs of 
illiterate individuals.
    (2) Programs and projects under this subsection may be administered 
by public or private nonprofit agencies and organizations including 
local, State, and national literacy councils and organizations; 
community-based nonprofit organizations; local and State education 
agencies; local and State agencies administering adult basic education 
programs; educational institutions; libraries; antipoverty 
organizations; local, municipal, and State governmental entities, and 
administrative entities designated to administer job training plans 
under the Job Training Partnership Act [29 U.S.C. 1501 et seq.] and 
eligible providers of employment and training activities under subtitle 
B of title I of the Workforce Investment Act of 1998 [29 U.S.C. 2811 et 
seq.].
    (3) In the assignment of volunteers under this subsection the 
Director shall give priority consideration to--
        (A) programs and projects that assist illiterate individuals in 
    greatest need of assistance residing in unserved or underserved 
    areas with the highest concentrations of illiteracy and of low 
    income individuals and families;
        (B) projects and programs serving individuals reading at the 
    zero to fourth grade levels;
        (C) projects and programs focusing on providing literacy 
    services to high risk populations;
        (D) projects and programs operating in areas with the highest 
    concentration of individuals and families living at or below the 
    poverty level;
        (E) projects and programs providing literacy services to parents 
    of disadvantaged children between the ages of two and eight, who may 
    be educationally at risk; and
        (F) Statewide programs and projects that encourage the creation 
    of new literacy efforts, encourage the coordination of intrastate 
    literacy efforts and provide technical assistance to local literacy 
    efforts.

(d) Assignment of volunteers to projects and programs utilizing 
        volunteers to tutor illiterate individuals; administration of 
        programs by local public or private nonprofit organizations; 
        considerations in assignment of volunteers

    (1) The Director shall assign volunteers under this subsection to 
projects and programs that primarily utilize volunteers to tutor 
illiterate individuals.
    (2) Programs and projects under this subsection may be administered 
by local public or private nonprofit agencies and organizations 
including local literacy councils and organizations, community-based 
nonprofit organizations, local educational agencies, local agencies 
administering adult basic education programs, local educational 
institutions, libraries, antipoverty organizations, local and municipal 
governmental entities, and administrative entities designated to 
administer job training plans under the Job Training Partnership Act [29 
U.S.C. 1501 et seq.] and eligible providers of employment and training 
activities under subtitle B of title I of the Workforce Investment Act 
of 1998 [29 U.S.C. 2811 et seq.].
    (3) In the assignment of volunteers under this subsection the 
Director shall give priority consideration to local programs and 
projects that assist illiterate individuals in greatest need of 
assistance residing in unserved or underserved areas with the highest 
concentrations of illiteracy and of low income individuals and families.

(e) Equitable distribution of volunteers

    The Director shall ensure an equitable distribution of volunteers 
under this section in accordance with the equitable distribution 
requirement of section 5054 of this title.

(f) Membership of VISTA Literacy Corps

    The VISTA Literacy Corps shall consist of all volunteers serving 
under this part working on literacy projects and programs.

(g) Proportionate reduction of services

    In any fiscal year in which the services provided under this part 
are reduced, the services provided under this section shall be 
proportionately reduced.

(h) Assignment of individual to service in general program regarding 
        literacy; priority

    (1) Subject to paragraph (2), with respect to any individual 
providing volunteer services in the program under this section regarding 
literacy, the Director may, with the written consent of the individual, 
assign the individual to serve in the general program under this part 
regarding literacy.
    (2) To the extent practicable and without undue delay, the Director 
shall ensure that a volunteer under this section is assigned to the 
vacancy created within the relevant literacy project or program 
established under this section.

(Pub. L. 93-113, title I, Sec. 109, as added Pub. L. 99-551, Sec. 4(a), 
Oct. 27, 1986, 100 Stat. 3072; amended Pub. L. 101-204, title VI, 
Sec. 601, Dec. 7, 1989, 103 Stat. 1819; Pub. L. 103-82, title III, 
Sec. 327, Sept. 21, 1993, 107 Stat. 902; Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 405(d)(36)(B), (f)(28)(B)], Oct. 21, 1998, 
112 Stat. 2681-337, 2681-427, 2681-434.)

               Amendment of Subsections (c)(2) and (d)(2)

        Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(28)(B), 
    (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-434, 2681-435, 
    provided that, effective July 1, 2000, subsections (c)(2) and (d)(2) 
    of this section are amended by striking ``administrative entities 
    designated to administer job training plans under the Job Training 
    Partnership Act and''.

                       References in Text

    The Job Training Partnership Act, referred to in subsecs. (c)(2) and 
(d)(2), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, 
which is classified generally to chapter 19 (Sec. 1501 et seq.) of Title 
29, Labor. For complete classification of this Act to the Code, see 
Short Title note set out under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsecs. (c)(2) 
and (d)(2), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. 
Subtitle B of title I of the Act is classified generally to subchapter 
II (Sec. 2811 et seq.) of chapter 30 of Title 29, Labor. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 9201 of Title 20, Education, and Tables.


                               Amendments

    1998--Subsecs. (c)(2), (d)(2). Pub. L. 105-277, Sec. 101(f) [title 
VIII, Sec. 405(d)(36)(B)], substituted ``administrative entities 
designated to administer job training plans under the Job Training 
Partnership Act and eligible providers of employment and training 
activities under subtitle B of title I of the Workforce Investment Act 
of 1998'' for ``administrative entities designated to administer job 
training plans under the Job Training Partnership Act''.
    1993--Subsec. (g). Pub. L. 103-82, Sec. 327(1), struck out par. (1) 
and struck out par. (2) designation before ``In any fiscal''. Prior to 
amendment, par. (1) read as follows: ``Funds made available under 
section 5081(a) of this title for the purposes of this section shall be 
used to supplement and not supplant the level of services provided under 
this part in fiscal year 1986 to address the problem of illiteracy. The 
Director shall ensure that records are maintained to indicate the degree 
of compliance with this requirement.''
    Subsec. (h)(1), (3). Pub. L. 103-82, Sec. 327(2), substituted 
``paragraph (2)'' for ``paragraphs (2) and (3)'' in par. (1) and struck 
out par. (3) which read as follows: ``Nothing in this subsection shall 
diminish or otherwise affect the requirement in subsection (g)(1) of 
this section that funds made available for this section shall be used to 
supplement and not to supplant the 1986 level of literacy services 
provided under this part.''
    1989--Subsec. (g)(1). Pub. L. 101-204, Sec. 601(1), inserted at end 
``The Director shall ensure that records are maintained to indicate the 
degree of compliance with this requirement.''
    Subsec. (h). Pub. L. 101-204, Sec. 601(2), added subsec. (h).


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(36)(B)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(28)(B)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 392 
of Pub. L. 103-82, set out as a note under section 4951 of this title.


                             Effective Date

    Section effective Oct. 1, 1986, except as otherwise provided, see 
section 11 of Pub. L. 99-551, set out as a note under section 4950 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5081 of this title.
