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42 U.S.C. § 5012 — Grants and contracts for volunteer service projects

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5012 — 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 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 3025(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1&num=0&edition=prelim)) 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

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Source file: Laws/federal/codes/united-states-code/title-42/section-5012-grants-and-contracts-for-volunteer-service-projects--f083b2b934.md
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Source location: Title 42, Chapter 66, § 5012; chapter-066-domestic-volunteer-services.md

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**(a) Approval of projects; rules and regulations** 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 3025(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1&num=0&edition=prelim)) 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. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1&num=0&edition=prelim), 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. **(e) Duration of grant or contract; competitive process** (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 11 So in original. Probably should be “performance”. 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 April 21, 2009. 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 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) Evaluation process** (1) Notwithstanding [section 5052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5052&num=0&edition=prelim), and effective beginning 180 days after April 21, 2009, 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 April 21, 2009. 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. **(g) Performance measures, outcomes, and other criteria** (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 5052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5052&num=0&edition=prelim). **(h) Training and technical assistance** 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) Temporary continuation of programs that fail to meet performance measures** (1) Notwithstanding subsection (g)(3) or [section 5052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5052&num=0&edition=prelim), 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. (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) Online resource guide** The Corporation shall develop and disseminate an online resource guide for programs under this section not later than 180 days after April 21, 2009, 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5000 — 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5000

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4950 — Repealed. Pub. L. 103–82, title III, § 385, Sept. 21, 1993, 107 Stat. 915

### Statutory Notes Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter. Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects. Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects. Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services. Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter. Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants. Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants. Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4950

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4951 — Volunteerism policy

**(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 chapter 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 chapter, coordinate with other Federal, State, and local agencies, expand relationships with, and support for, the efforts of civic, community, and educational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4951

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3021 — Purpose and program

**(a) Congressional declaration of purpose** (1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to— (A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services; (B) remove individual and social barriers to economic and personal independence for older individuals; (C) provide a continuum of care for vulnerable older individuals; (D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (E) measure impacts related to social determinants of health of older individuals. (2) The persons referred to in paragraph (1) include— (A) State agencies and area agencies on aging; (B) other State agencies, including agencies that administer home and community care programs; (C) Indian tribes, tribal organizations, and Native Hawaiian organizations; (D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers; (E) organizations representing or employing older individuals or their families; and (F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3021

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5052 — Performance of functions by existing departments or offices rather than new departments or offices

In order to assure that existing Federal agencies are used to the fullest extent possible in carrying out the purposes of this chapter, no funds appropriated to carry out this chapter shall be used to establish any new department or office when the intended function is being performed by an existing department or office.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5052

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1681 — Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. **(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12651 — Criminal history checks

**(a) In general** Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals. **(b) Requirements** A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include— (1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 11 See References in Text note below. and (2) (A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or (B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. **(c) Eligibility prohibition** An individual shall be ineligible to serve in a position described under subsection (a) if such individual— (1) refuses to consent to the criminal history check described in subsection (b); (2) makes a false statement in connection with such criminal history check; (3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 1 or (4) has b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5001 — Repealed. Pub. L. 111–13, title II, § 2132, Apr. 21, 2009, 123 Stat. 1584

### Statutory Notes Section, Pub. L. 93–113, title I, § 124, formerly § 125, as added Pub. L. 102–73, title VII, § 701(a)(1), July 25, 1991, 105 Stat. 358; renumbered § 124 and amended Pub. L. 103–82, title III, § 333(2), title IV, § 405(a)(5), Sept. 21, 1993, 107 Stat. 903, 920, authorized the Director to award literacy challenge grants to eligible public agencies and private organizations. A prior section 124 of Pub. L. 93–113 was classified to [section 4994 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4994&num=0&edition=prelim) prior to repeal by Pub. L. 103–82. #### Effective Date of Repeal Repeal effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under [section 4950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4950&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5012 — Repealed. Pub. L. 103–82, title III, § 346,

Page 6276 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5012 1 So in original. Probably should be ‘‘under’’. 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, § 504(1), inserted be- fore period at end ‘‘unless such individuals have been referred previously for possible placement as volun- teers under part A of this subchapter and such place- ment did not occur’’. Subsec. (f)(3). Pub. L. 101–204, § 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 con- duct described in subparagraph (A) or (B).’’ 1986—Subsec. (d). Pub. L. 99–551, § 7(a)(1)(A), inserted ‘‘low-income’’ after ‘‘may provide to’’. Subsec. (f). Pub. L. 99–551, § 7(a)(1)(B), added subsec. (f). 1984—Subsec. (a). Pub. L. 98–288, § 14(c)(1), substituted ‘‘the Director’’ for ‘‘he’’ in two places. Subsec. (b)(2). Pub. L. 98–288, § 14(c)(2), inserted at end ‘‘If the particular foster grandparent subject to the de- termination under this paragraph becomes unavailable to serve after such determination is made, the agency or organization may select another foster grand- parent.’’ Subsec. (d). Pub. L. 98–288, § 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, § 14(c)(4), in amending sub- sec. (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 sect

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5012

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