42 U.S.C. § 5081 — National Volunteer Antipoverty Programs

Page 6295 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5081 ter and the relevant provisions of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), particularly the provisions of sec- tion 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 serv- ice laws. (Pub. L. 93–113, title IV, § 426, as added Pub. L. 111–13, title II, § 2156, Apr. 21, 2009, 123 Stat. 1592.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. The National and Community Service Act of 1990, re- ferred to in text, is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitle F of title I of the Act is classified principally to division F (§ 12631 et seq.) of subchapter I of chapter 129 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. SUBCHAPTER V—AUTHORIZATION OF APPROPRIATIONS § 5081. National Volunteer Antipoverty Programs (a) Authorizations (1) Volunteers in Service to America There are authorized to be appropriated to carry out part A of subchapter I $100,000,000 for fiscal year 2010 and such sums as may be nec- essary 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 subchapter I such sums as may be necessary for each of fiscal years 2010 through 2014. (3) Specification of budget function The authorizations of appropriations con- tained 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 consid- ered to be related to the programs of the De- partments of Labor, Health and Human Serv- ices, and Education for budgetary purposes. (b) Subsistence The minimum level of an allowance for sub- sistence required under section 4955(b)(2) of this title, to be provided to each volunteer under subchapter 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 sub- chapter I. (c) Limitation No part of the funds appropriated to carry out part A of subchapter I may be used to provide volunteers or assistance to any program or project authorized under part C of subchapter I, or under subchapter II, unless the program or project meets the antipoverty criteria of part A of subchapter I. (d) Availability Amounts appropriated for part A of sub- chapter I shall remain available for obligation until the end of the fiscal year following the fis- cal year for which the amounts were appro- priated. (Pub. L. 93–113, title V, § 501, Oct. 1, 1973, 87 Stat. 415; Pub. L. 94–293, § 6(a), May 27, 1976, 90 Stat. 526; Pub. L. 96–143, § 15(a), (b), Dec. 13, 1979, 93 Stat. 1082; Pub. L. 97–35, title VI, § 607(a), Aug. 13, 1981, 95 Stat. 486; Pub. L. 98–288, § 27(a), May 21, 1984, 98 Stat. 196; Pub. L. 99–551, § 9(a), Oct. 27, 1986, 100 Stat. 3076; Pub. L. 99–570, title IV, § 4301(2), Oct. 27, 1986, 100 Stat. 3207–153; Pub. L. 100–690, title III, § 3402, Nov. 18, 1988, 102 Stat. 4253; Pub. L. 101–204, title VIII, §§ 801, 802, Dec. 7, 1989, 103 Stat. 1823, 1824; Pub. L. 102–73, title VII, § 701(b), July 25, 1991, 105 Stat. 359; Pub. L. 103–82, title III, § 381, Sept. 21, 1993, 107 Stat. 913; Pub. L. 111–13, title II, § 2161(a), Apr. 21, 2009, 123 Stat. 1592.) Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 2161(a)(1), added pars. (1) and (2), redesignated par. (5) as (3), and struck out former pars. (1) to (4), which read as follows: ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.—There are authorized to be appropriated to carry out parts A and B of subchapter I of this chapter, excluding section 4959 of this title, $56,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ‘‘(2) LITERACY ACTIVITIES.—There are authorized to be appropriated to carry out section 4959 of this title, $5,600,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ‘‘(3) SPECIAL VOLUNTEER PROGRAMS.—There are au- thorized to be appropriated to carry out part C of sub- chapter I of this chapter, excluding section 4995 of this title, such sums as may be necessary for each of the fis- cal years 1994 through 1996. ‘‘(4) LITERACY CHALLENGE GRANTS.—There are author- ized to be appropriated to carry out section 4995 of this title, such sums as may be necessary for each of the fis- cal years 1994 through 1996.’’ Subsec. (c). Pub. L. 111–13, § 2161(a)(2), substituted ‘‘part C’’ for ‘‘part B or C’’. Subsec. (e). Pub. L. 111–13, § 2161(a)(3), struck out sub- sec. (e). Text read as follows: ‘‘(1) VOLUNTEER SERVICE YEARS.—Of the amounts ap- propriated under this section for parts A, B, and C of subchapter I of this chapter, including section 4995 of this title, there shall first be available for part A of subchapter I of this chapter, including sections 4954(e) and 4959 of this title, an amount not less than the amount necessary to provide 3,700 volunteer service years in fiscal year 1994, 4,000 volunteer service years in fiscal year 1995, and 4,500 volunteer service years in fis- cal year 1996. ‘‘(2) PLAN.—If the Director determines that funds ap- propriated to carry out part A, B, or C of subchapter I of this chapter are insufficient to provide for the years of volunteer service required by paragraph (1), the Di- rector shall submit a plan to the relevant authorizing and appropriations committees of Congress that will detail what is necessary to fully meet this require- ment.’’ 1993—Pub. L. 103–82 amended section generally, sub- stituting provisions authorizing appropriations for Page 6296 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5082 parts A, B, and C of subchapter I of this chapter for fis- cal years 1994 through 1996 for provisions authorizing appropriations for such parts for fiscal years 1987 through 1993. 1991—Subsec. (c). Pub. L. 102–73 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added pars. (2) and (3). 1989—Subsec. (a)(1). Pub. L. 101–204, § 801(a), inserted provision authorizing appropriations for fiscal years 1990 through 1993. Subsec. (a)(2). Pub. L. 101–204, § 801(b)(1), inserted pro- vision authorizing appropriations for fiscal years 1990 through 1993. Subsec. (a)(3). Pub. L. 101–204, § 801(b)(2), substituted ‘‘1987 through 1993’’ for ‘‘1987, 1988, and 1989’’. Subsec. (b). Pub. L. 101–204, § 801(c), inserted provision authorizing appropriations for fiscal years 1990 through 1993. Subsec. (c). Pub. L. 101–204, § 801(d)(1), inserted provi- sion authorizing appropriations for fiscal years 1990 through 1993 to carry out part C of subchapter I of this chapter. Pub. L. 101–204, § 801(d)(2), inserted provision author- izing appropriations for fiscal years 1992 and 1993 for support of drug abuse prevention. Subsec. (d)(1)(D) to (G). Pub. L. 101–204, § 801(e), added subpars. (D) to (G). Subsec. (d)(4). Pub. L. 101–204, § 802, added par. (4). 1988—Subsec. (c). Pub. L. 100–690, § 3402(1), inserted ‘‘(other than section 4994(b) of this title)’’ after ‘‘of this chapter’’ and inserted provisions at end relating to ad- ditional authorization of appropriations for support of drug abuse prevention in fiscal years 1989 through 1991. Subsec. (d)(1). Pub. L. 100–690, § 3402(2), substituted ‘‘subchapter I of this chapter (other than section 4994(b) of this title)’’ for ‘‘subchapter I of this chapter’’. 1986—Subsecs. (a), (b). Pub. L. 99–551 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: ‘‘(a) There is authorized to be appropriated to carry out part A of subchapter I of this chapter $17,000,000 for fiscal year 1984, $20,000,000 for fiscal year 1985, and $25,000,000 for fiscal year 1986. ‘‘(b) There is authorized to be appropriated to carry out part B of subchapter I of this chapter $1,800,000 for the fiscal year 1984 and for each of the fiscal years 1985 and 1986.’’ Subsec. (c). Pub. L. 99–570 inserted at end ‘‘In addi- tion to the amounts authorized to be appropriated by the preceding sentence, there is authorized to be appro- priated the aggregate sum of $5,500,000 for fiscal years 1987 and 1988 to be made available for drug abuse pre- vention.’’ Pub. L. 99–551 added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘There is authorized to be appropriated to carry out part C of subchapter I of this chapter $1,984,000 for the fiscal year 1984 and for each of the fiscal years 1985 and 1986.’’ Subsec. (d)(1). Pub. L. 99–551 added par. (1) and struck out former par. (1) which read as follows: ‘‘Of the amounts appropriated under this section for parts A, B, and C of subchapter I of this chapter, there shall first be available for part A of subchapter I of this chapter an amount not less than the amount necessary to pro- vide— ‘‘(A) 2,000 years of volunteer service in fiscal year 1984; ‘‘(B) 2,200 years of volunteer service in fiscal year 1985; and ‘‘(C) 2,400 years of volunteer service in fiscal year 1986.’’ 1984—Pub. L. 98–288 designated existing provisions as subsec. (a), substituted ‘‘There is authorized to be ap- propriated to carry out part A of subchapter I of this chapter $17,000,000 for fiscal year 1984, $20,000,000 for fis- cal year 1985, and $25,000,000 for fiscal year 1986’’ for ‘‘There is authorized to be appropriated to carry out subchapter I of this chapter $25,763,000 for fiscal year 1982 and $15,391,000 for fiscal year 1983. Of the amounts appropriated under this section, not less than $16,000,000 shall first be available for carrying out part A of subchapter I of this chapter for fiscal year 1982, and not less than $8,000,000 shall first be available for carrying out part A of subchapter I of this chapter for fiscal year 1983’’, and added subsecs. (b) to (e). 1981—Pub. L. 97–35 substituted provisions relating to authorization and availability of funds for fiscal years 1982 and 1983, for provisions relating to authorization and availability of funds for fiscal year ending June 30, 1974, through fiscal year ending Sept. 30, 1981. 1979—Subsec. (a). Pub. L. 96–143, § 15(a), inserted ‘‘Sep- tember 30, 1979, September 30, 1980, and September 30, 1981,’’ after ‘‘September 30, 1978,’’ and substituted ‘‘this section for the purpose of carrying out subchapter I of this chapter’’ for ‘‘this subchapter’’. Subsec. (c). Pub. L. 96–143, § 15(b), added subsec. (c). 1976—Subsec. (a). Pub. L. 94–293 inserted ‘‘September 30, 1977, and September 30, 1978,’’ after ‘‘June 30, 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. 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. ADDITIONAL APPROPRIATIONS AUTHORIZATION Additional appropriations authorization for meeting increase in stipend to volunteers under section 4955(a)(1) of this title, see section 5(b) of Pub. L. 94–130, formerly set out as a note under section 4955 of this title. § 5082. National Senior Service Corps (a) Retired and Senior Volunteer Program There are authorized to be appropriated to carry out part A of subchapter II, $70,000,000 for fiscal year 2010, and such sums as may be nec- essary for each of the fiscal years 2011 through 2014. (b) Foster Grandparent Program There are authorized to be appropriated to carry out part B of subchapter II, $115,000,000 for fiscal year 2010, and such sums as may be nec- essary 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 subchapter II, $55,000,000 for fiscal year 2010, and such sums as may be nec- essary for each of the fiscal years 2011 through 2014. (d) Demonstration programs There are authorized to be appropriated to carry out part E of subchapter II, such sums as may be necessary for each of the fiscal years 2010 through 2014. (Pub. L. 93–113, title V, § 502, Oct. 1, 1973, 87 Stat. 415; Pub. L. 94–135, title II, § 205(a), Nov. 28, 1975, 89 Stat. 727; Pub. L. 95–478, title IV, § 402(d), Oct.