
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: 42USC5001]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER II--NATIONAL SENIOR VOLUNTEER CORPS
 
              Part A--Retired and Senior Volunteer Program
 
Sec. 5001. Grants and contracts for volunteer service projects


(a) Approval of projects; rules and regulations

    In order to help retired individuals and working older individuals 
to avail themselves of opportunities for volunteer service in their 
community, the Director is authorized to make grants to State agencies 
(established or designated pursuant to section 3025(a)(1) of this title) 
or grants to or contracts with other public and nonprofit private 
agencies and organizations to pay part or all of the costs for the 
development or operation, or both, of volunteer service 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, 
    and individuals 60 years of age or older will be given priority for 
    enrollment, 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 established and will be carried out 
    with the advice of persons competent in the field of service 
    involved, and of persons with interest in and knowledge of the needs 
    of older persons.

(b) Proportion of required local contribution; exceptions

    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, and 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) Conditions upon award of grant or contract

    The Director shall not award any grant or contract under this part 
for a project in any State to any agency or organization unless, if such 
State has a State agency established or designated pursuant to section 
3025(a)(1) of this title, such agency itself is the recipient of the 
award or such agency has been afforded at least forty-five days in which 
to review the project application and make recommendations thereon.

(d) Volunteer service as employment

    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.

(Pub. L. 93-113, title II, Sec. 201, Oct. 1, 1973, 87 Stat. 401; Pub. L. 
93-351, Sec. 4, July 12, 1974, 88 Stat. 357; Pub. L. 95-478, title IV, 
Sec. 402(a), Oct. 18, 1978, 92 Stat. 1556; Pub. L. 98-288, Sec. 14(a), 
(b), May 21, 1984, 98 Stat. 192; Pub. L. 101-204, title IX, Sec. 902(2), 
Dec. 7, 1989, 103 Stat. 1826; Pub. L. 103-82, title III, Sec. 343, Sept. 
21, 1993, 107 Stat. 904.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-82, Sec. 343(1), substituted 
``retired individuals and working older individuals'' for ``retired 
persons'' in introductory provisions.
    Subsec. (a)(2). Pub. L. 103-82, Sec. 343(2), substituted ``55 years 
of age or older'' for ``aged sixty or over'' and inserted ``, and 
individuals 60 years of age or older will be given priority for 
enrollment,'' after ``will be enrolled''.
    1989--Subsec. (a). Pub. L. 101-204, Sec. 902(2)(A), substituted 
``projects'' for ``programs'' in introductory provisions.
    Subsec. (a)(3), (4). Pub. L. 101-204, Sec. 902(2)(B), substituted 
``project'' for ``program''.
    1984--Subsec. (a). Pub. L. 98-288, Sec. 14(a), substituted ``the 
Director'' for ``he'' in two places in provisions before par. (1).
    Subsec. (b). Pub. L. 98-288, Sec. 14(b), substituted ``and 30 per 
centum in any subsequent such years'' for ``30 per centum in the third 
such year, 40 per centum in the fourth such year, and 50 per centum in 
any subsequent such years''.
    1978--Subsec. (a). Pub. L. 95-478, Sec. 402(a)(1), substituted 
reference to section ``3025(a)(1)'' for ``3024(a)(1)'' of this title.
    Subsec. (c). Pub. L. 95-478, Sec. 402(a)(1), (2), substituted 
reference to section ``3025(a)(1)'' for ``3024(a)(1)'' of this title and 
decreased period for review to ``forty-five'' from ``sixty'' days.
    Subsec. (d). Pub. L. 95-478, Sec. 402(a)(3), added subsec. (d).
    1974--Subsecs. (b), (c). Pub. L. 93-351 added subsec. (b) and 
redesignated former subsec. (b) as (c).


                    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 of 1978 Amendment

    Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978, 
see section 504 of Pub. L. 95-478, set out as a note under section 3001 
of this title.


 Aging Resource Specialists for Coordination of National Older American 
   Volunteer Programs With State and Community Programs on Aging and 
    Nutrition Programs for Elderly; Designation; Duties; Definitions

    Pub. L. 94-135, title II, Sec. 205(c), Nov. 28, 1975, 89 Stat. 727, 
as amended by Pub. L. 103-82, title III, Sec. 341(b)(4), title IV, 
Sec. 405(i), Sept. 21, 1993, 107 Stat. 904, 921, provided that:
    ``(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 
Senior Volunteer Corps programs carried out under title II of the 
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.) [42 
U.S.C. 5000 et seq.], in order to enhance the effectiveness of the 
support provided to such National Senior Volunteer Corps programs by the 
Corporation for National and Community Service, the Chief Executive 
Officer of the Corporation 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 [this subchapter].
    ``(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 
Corporation.
    ``(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 [this subchapter] 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 
    [sections 3021 et seq. and 3045 et seq. of this title] in any such 
    State or other jurisdiction.
    ``(3) For purposes of this subsection--
        ``(A) the term `Corporation' means the Corporation for National 
    and Community Service established by section 191 of the National and 
    Community Service Act of 1990 [42 U.S.C. 12651].[;]
        ``(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.''
    [For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.]
