
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: 42USC5011]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER II--NATIONAL SENIOR VOLUNTEER CORPS
 
                   Part B--Foster Grandparent Program
 
Sec. 5011. Grants and contracts for individual service projects


(a) Foster Grandparent projects; amount

    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 aged sixty or 
over to provide supportive person-to-person services in health, 
education, welfare, and related settings to children having exceptional 
needs. 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 H \1\ of the Individuals with 
Disabilities Education Act (20 U.S.C. 1471 et seq.), Head Start agencies 
under the Head Start Act [42 U.S.C. 9831 et seq.], or any of a variety 
of other programs, establishments, and institutions providing services 
for children with special or exceptional needs. 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 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 3044b(a) \1\ of this title 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(b) Person-to-person services to children in an individual service 
        project by public or private nonprofit agency; authority and 
        criteria for determinations; mutual agreements between parties

    (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--
        (A) which children may receive supportive person-to-person 
    services under such project; and
        (B) the period of time during which such services shall be 
    continued in the case of each individual child.

    (2) In the event that such an agency or organization determines that 
it is in the best interests of a mentally retarded child receiving, and 
of a particular foster grandparent providing, services in such a 
project, such relationship may be continued after the child reaches the 
chronological age of 21: Provided, That such child was receiving such 
services prior to attaining the chronological age of 21. If the 
particular foster grandparent subject to the determination under this 
paragraph becomes unavailable to serve after such determination is made, 
the agency or organization may select another foster grandparent.
    (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) ``Child'' and ``children'' defined

    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) Domestic Volunteer Service; allowances, stipends, and other support

    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 
$2.45 per hour on and after October 1, 1993, and shall be adjusted once 
prior to December 31, 1997, to account for inflation, as determined by 
the Director and rounded to the nearest five cents, 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 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 12638 of this title) and 
the heads of the State offices established under section 12651f of this 
title, shall consider the effect such adjustment will have on the 
ability of non-federally funded volunteer programs similar to the 
programs under this subchapter to maintain their current level of 
volunteer hours.

(e) ``Low-income person'' and ``person of low income'' defined

    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 125 per centum of 
    the poverty line defined in section 9902(2) of this title and 
    adjusted by the Director in the manner described in such section; 
    and
        (2) any person whose income is not more than 100 per centum 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) Persons entitled to serve as volunteers; application of regulations 
        to volunteers; equal treatment to all volunteers by recipients 
        of grants; conditions of grants; use of funds; payment of costs

    (1)(A) Except as provided in subparagraphs (B) and (C), 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) of this section 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) of this section.
    (C) Individuals who are not low-income persons may not serve as 
volunteers under this part in any community in which there are 
volunteers serving under part A of this subchapter unless such 
individuals have been referred previously for possible placement as 
volunteers under part A of this subchapter and such placement did not 
occur.
    (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) of this section.
    (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.
    (3) 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) of this section. 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) of this section, in 
    the discretion of the recipient of a grant or contract under such 
    subsection.

(Pub. L. 93-113, title II, Sec. 211, Oct. 1, 1973, 87 Stat. 402; Pub. L. 
94-135, title II, Sec. 205(b)(1), (2), Nov. 28, 1975, 89 Stat. 727; Pub. 
L. 94-293, Sec. 7, May 27, 1976, 90 Stat. 526; Pub. L. 95-478, title IV, 
Sec. 402(b), Oct. 18, 1978, 92 Stat. 1557; Pub. L. 97-35, title VI, 
Sec. 608(b), Aug. 13, 1981, 95 Stat. 487; Pub. L. 98-288, Sec. 14(c), 
May 21, 1984, 98 Stat. 192; Pub. L. 99-551, Sec. 7(a)(1), Oct. 27, 1986, 
100 Stat. 3074; Pub. L. 101-204, title V, Secs. 503, 504, Dec. 7, 1989, 
103 Stat. 1817; Pub. L. 103-82, title III, Secs. 344, 345, Sept. 21, 
1993, 107 Stat. 904, 905.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (a), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, 
as amended. Part H of the Act was classified generally to subchapter 
VIII (Sec. 1471 et seq.) of chapter 33 of Title 20, Education, prior to 
repeal by Pub. L. 105-17, title II, Sec. 203(b), June 4, 1997, 111 Stat. 
157, effective July 1, 1998. For complete classification of this Act to 
the Code, see section 1400 of Title 20 and Tables.
    The Head Start Act, referred to in subsec. (a), is subchapter B 
(Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, 
Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally 
to subchapter II (Sec. 9831 et seq.) of chapter 105 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 9801 of this title and Tables.
    Section 3044b of this title, referred to in subsec. (a), related to 
grants and contracts for Foster Grandparent projects and for services as 
senior health aides and senior companions, amount of award, method of 
payment, and exclusion as income of compensation to individual 
volunteers, was repealed by section 604(a) of Pub. L. 93-113, and is 
covered by this section and sections 5022 and 5058 of this title.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-82, Sec. 344, struck out ``, 
including services by individuals serving as `foster grandparents' to 
children receiving care in hospitals, homes for dependent and neglected 
children, or other establishments providing care for children with 
special needs'' after ``having exceptional needs'' in first sentence and 
inserted after first sentence ``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 H of the 
Individuals with Disabilities Education Act (20 U.S.C. 1471 et seq.), 
Head Start agencies under the Head Start Act, or any of a variety of 
other programs, establishments, and institutions providing services for 
children with special or exceptional needs. Individual foster 
grandparents may provide person-to-person services to one or more 
children, depending on the needs of the project and local site.''
    Subsec. (d). Pub. L. 103-82, Sec. 345, in second sentence 
substituted ``Any stipend or allowance provided under this section shall 
not be less than $2.45 per hour on and after October 1, 1993, and shall 
be adjusted once prior to December 31, 1997, to account for inflation, 
as determined by the Director and rounded to the nearest five cents,'' 
for ``Any stipend or allowance provided under this subsection shall not 
be less than $2.20 per hour until October 1, 1990, $2.35 per hour during 
fiscal year 1991, and $2.50 per hour on and after October 1, 1992,'' and 
inserted sentence at end relating to consideration of effect of 
adjustment on non-federally funded volunteer programs.
    1989--Subsec. (d). Pub. L. 101-204, Sec. 503, inserted ``until 
October 1, 1990, $2.35 per hour during fiscal year 1991, and $2.50 per 
hour on and after October 1, 1992'' after ``$2.20 per hour'' in 
introductory provisions, substituted ``such stipend or allowance shall 
not be increased as a result of an amendment made'' for ``no increase in 
the stipend of allowance shall be made pursuant'' in cl. (1), and 
substituted ``the minimum hourly rate specified in this sentence'' for 
``$2.20 per hour'' in cl. (2).
    Subsec. (f)(1)(C). Pub. L. 101-204, Sec. 504(1), inserted before 
period at end ``unless such individuals have been referred previously 
for possible placement as volunteers under part A of this subchapter and 
such placement did not occur''.
    Subsec. (f)(3). Pub. L. 101-204, Sec. 504(2), inserted ``take into 
consideration or'' after ``may not'', inserted ``or recruit'' after 
``accept'' in subpar. (A), and inserted at end ``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).''
    1986--Subsec. (d). Pub. L. 99-551, Sec. 7(a)(1)(A), inserted ``low-
income'' after ``may provide to''.
    Subsec. (f). Pub. L. 99-551, Sec. 7(a)(1)(B), added subsec. (f).
    1984--Subsec. (a). Pub. L. 98-288, Sec. 14(c)(1), substituted ``the 
Director'' for ``he'' in two places.
    Subsec. (b)(2). Pub. L. 98-288, Sec. 14(c)(2), inserted at end ``If 
the particular foster grandparent subject to the determination under 
this paragraph becomes unavailable to serve after such determination is 
made, the agency or organization may select another foster 
grandparent.''
    Subsec. (d). Pub. L. 98-288, Sec. 14(c)(3), substituted ``the 
Director'' for ``he'' in two places and ``$2.20'' for ``$2'' in two 
places.
    Subsec. (e). Pub. L. 98-288, Sec. 14(c)(4), in amending subsec. (e) 
generally, substituted ``poverty line defined in section 9902(2) of this 
title and adjusted by the Director in the manner described in such 
section'' for ``poverty line set forth in section 2971d of this title'' 
and ``any person whose income is not more than 100 per centum of such 
poverty line, as so adjusted and determined by the Director after taking 
into consideration existing poverty guidelines as appropriate to local 
situations'' for ``any person considered a poor or low-income person 
under section 5061(4) of this title''.
    1981--Subsecs. (b) to (f). Pub. L. 97-35, Sec. 608(b), struck out 
subsec. (b) which related to service as senior health aides and senior 
companions, and redesignated subsecs. (c) to (f) as (b) to (e), 
respectively.
    1978--Subsecs. (e), (f). Pub. L. 95-478 added subsecs. (e) and (f).
    1976--Subsecs. (c), (d). Pub. L. 94-293 added subsecs. (c) and (d).
    1975--Subsec. (a). Pub. L. 94-135, Sec. 205(b)(1), substituted 
``individuals'' for ``volunteers'' where appearing first and third 
places and struck out ``serve as volunteers to'' before ``provide 
supportive person-to-person services''.
    Subsec. (b). Pub. L. 94-135, Sec. 205(b)(2), substituted 
``individuals'' for ``volunteers''.


                    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 1986 Amendment

    Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as 
otherwise provided, see section 11 of Pub. L. 99-551, set out as an 
Effective Date note under section 4950 of this title.
    Section 7(a)(2) of Pub. L. 99-551 provided that: ``Section 211(f)(3) 
of the Domestic Volunteer Service Act of 1973 [subsec. (f)(3) of this 
section], 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 [Oct. 27, 1986].''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5013, 12653 of this title.
