42 U.S.C. § 5055 — Application of Federal law

Page 6287 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5055 opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and (4) assistance under this chapter shall not be terminated for failure to comply with applica- ble terms and conditions unless the recipient has been afforded reasonable notice and oppor- tunity for a full and fair hearing. (b) In order to assure equal access to all recipi- ents, such hearings or other meetings as may be necessary to fulfill the requirements of this sec- tion shall be held at locations convenient to the recipient agency. (Pub. L. 93–113, title IV, § 412, Oct. 1, 1973, 87 Stat. 411; Pub. L. 98–288, § 22, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 10(i)(8), Oct. 27, 1986, 100 Stat. 3078.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–551 substituted ‘‘the Di- rector’’ for ‘‘he’’ before ‘‘determines’’ in first sentence. 1984—Subsec. (a). Pub. L. 98–288 designated existing provisions as subsec. (a), substituted a semicolon for ‘‘nor shall an application for refunding under this chap- ter be denied, unless the recipient has been given rea- sonable notice and opportunity to show why such ac- tion should not be taken; and’’ in par. (1), added pars. (2) and (3), redesignated former par. (2) as (4), and added subsec. (b). Statutory Notes and Related Subsidiaries 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. § 5053. Repealed. Pub. L. 94–293, § 5(b)(1), May 27, 1976, 90 Stat. 526 Section, Pub. L. 93–113, title IV, § 413, Oct. 1, 1973, 87 Stat. 411, authorized Director to carry out programs of this chapter during fiscal year ending June 30, 1974, and three succeeding fiscal years, and authorizing Congress to appropriate such sums as necessary for each fiscal year. § 5054. Distribution of benefits between rural and urban areas The Director shall adopt appropriate adminis- trative measures to assure that the benefits of and services under this chapter will be distrib- uted equitably between residents of rural and urban areas. (Pub. L. 93–113, title IV, § 414, Oct. 1, 1973, 87 Stat. 411.) 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. Statutory Notes and Related Subsidiaries RURAL PROGRAM REPORT Pub. L. 96–143, § 16, Dec. 13, 1979, 93 Stat. 1082, provided that not later than Feb. 1, 1980, the Director of the AC- TION Agency was to submit to appropriate committees of Congress a report specifying special needs and cir- cumstances to be addressed in designing programs under Domestic Volunteer Service Act of 1973 [this chapter] for implementation in rural areas, such report to include a detailed statement of manner in which Di- rector intended to address such needs and cir- cumstances, together with a timetable for designing and implementing such programs. § 5055. Application of Federal law (a) General rule Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment. (b) Specific Federal legislation Individuals enrolled as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of title 5, be deemed persons employed in the exec- utive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) and title II of the Social Security Act (42 U.S.C. 401 et seq.), be deemed employees of the United States, and any service performed by an individual as a volunteer (in- cluding training) shall be deemed to be per- formed in the employ of the United States, (3) for the purposes of the Federal Tort Claims pro- visions of title 28, be deemed employees of the United States, (4) for the purposes of subchapter I of chapter 81 of title 5 (relative to compensa- tion to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term ‘‘em- ployee’’ as defined in section 8101 of title 5, and the provisions of that subchapter shall apply ex- cept as follows: (A) in computing compensation benefits for disability or death, the annual rate of pay of a volunteer enrolled for a period of full-time service under such subchapter I shall be deemed to be that received under the en- trance salary for an employee at grade GS–5 of the General Schedule under section 5332 of title 5, and the annual rate of pay of a volunteer en- rolled for a period of part-time service under such subchapter I shall be deemed to be such entry salary or an appropriate portion thereof as determined by the Director, and subsections (a) and (b) of section 8113 of title 5 shall apply, and (B) compensation for disability shall not begin to accrue until the day following the date on Page 6288 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5055 which the injured volunteer is terminated, and (5) be deemed employees of the United States for the purposes of section 5584 of title 5 (and sti- pends and allowances paid under this chapter shall be considered as pay for such purposes). (c) Subsequent Government employment Any period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of subchapter I of this chapter, and any period of full-time service of a volunteer enrolled in a program for a period of service of at least one year under part B (as such part was in effect on the day before April 21, 2009) or C of subchapter I of this chapter, shall be credited in connection with subsequent em- ployment in the same manner as a like period of civilian employment by the United States Gov- ernment— (1) for the purposes of any Act establishing a retirement system for civilian employees of any United States Government agency; and (2) except as otherwise determined by the President, for the purposes of determining se- niority, reduction in force, and layoff rights, leave entitlement, and other rights and privi- leges based upon length of service under the laws administered by the Office of Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], and every other Act es- tablishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward comple- tion of any probationary or trial period or completion of any service requirement for ca- reer appointment. (d) Competitive service Volunteers serving in programs for periods of service of at least one year under part A of sub- chapter I of this chapter, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991–2994d), including those whose service was completed under such Act, who the Director de- termines, in accordance with regulations the Di- rector shall prescribe, have successfully com- pleted their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963). (e) References in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter Notwithstanding any other provision of law, all references in any other law to persons serv- ing as volunteers under title VIII of the Eco- nomic Opportunity Act of 1964, as amended [42 U.S.C. 2991 et seq.], shall be deemed to be ref- erences to persons serving as full-time volun- teers in a program of at least one year’s dura- tion under part A, B (as such part was in effect on the day before April 21, 2009), or C of sub- chapter I of this chapter. (f) Civil actions (1) The remedy— (A) against the United States provided by sections 1346(b) and 2672 of title 28 or (B) through proceedings for compensation or other benefits from the United States as pro- vided by any other law, where the availability of such benefits precludes a remedy under sec- tion 1346(b) or 2672 of such title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, podiatrist, optometrist, nurse, physician assistant, ex- panded-function dental auxiliary, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing med- ical care or treatment while in the exercise of such person’s duties as a volunteer enrolled under subchapter I of this chapter shall be ex- clusive of any other civil action or proceeding by reason of the same subject matter against such person (or such person’s estate) whose ac- tion or omission gave rise to such claim. (2) The Attorney General of the United States shall defend any civil action or proceeding brought in any court against any person referred to in paragraph (1) of this subsection (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an at- tested true copy thereof to such person’s imme- diate supervisor or to whomever is designated by the Director to receive such papers, and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought and to the Attorney General. (3) Upon a certification by the Attorney Gen- eral that the defendant was acting in the scope of such person’s volunteer assignment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place where- in it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a district court of the United States de- termine on a hearing on a motion to remand held before a trial on the merits that the volun- teer whose act or omission gave rise to the suit was not acting within the scope of such person’s volunteer assignment, the case shall be re- manded to the State court. (4) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect. (Pub. L. 93–113, title IV, § 415, Oct. 1, 1973, 87 Stat. 411; Pub. L. 96–143, §§ 11, 18(c)(2), Dec. 13, 1979, 93 Stat. 1078, 1083; Pub. L. 96–465, title II, § 2206(h), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. Page 6289 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5056 99–551, § 10(i)(9), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 366, Sept. 21, 1993, 107 Stat. 908; Pub. L. 111–13, title II, § 2152, Apr. 21, 2009, 123 Stat. 1591.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (e) and (f)(1), 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 prin- cipally 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 Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to sub- chapter II (§ 401 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. The Foreign Service Act of 1980, referred to in subsec. (c)(2), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Ta- bles. The Economic Opportunity Act of 1964, as amended, referred to in subsecs. (d) and (e), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title VIII of such Act, probably means title VIII of Pub. L. 88–452 as added by Pub. L. 89–794, title VIII, § 801, Nov. 8, 1966, 80 Stat. 1472, and generally revised and amended by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, which was classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of this title. Title VIII of the Economic Opportunity Act of 1964 as so added and amended was repealed by Pub. L. 93–113, title VI, 603, and its provisions are cov- ered by this chapter. For complete classification of this Act to the Code, see Tables. Executive Order Number 11103 (April 10, 1963), re- ferred to in subsec. (d), is set out under section 2504 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 2009—Subsec. (c). Pub. L. 111–13, § 2152(1), inserted ‘‘(as such part was in effect on the day before April 21, 2009)’’ after ‘‘part B’’ in introductory provisions. Subsec. (e). Pub. L. 111–13, § 2152(2), inserted ‘‘(as such part was in effect on the day before April 21, 2009)’’ after ‘‘A, B’’. 1993—Subsec. (b)(4)(A). Pub. L. 103–82 substituted ‘‘an employee at grade GS–5 of the General Schedule under section 5332 of title 5’’ for ‘‘a grade GS–7 employee’’. 1986—Subsec. (b)(2). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Subsec. (d). Pub. L. 99–551 substituted ‘‘the Director’’ for ‘‘he’’ before ‘‘shall prescribe’’. 1980—Subsec. (c)(1). Pub. L. 96–465, § 2206(h)(1), sub- stituted ‘‘any’’ for ‘‘section 1092(a)(1) of title 22 and every other’’. Subsec. (c)(2). Pub. L. 96–465, § 2206(h)(2), substituted ‘‘Foreign Service Act of 1980’’ for ‘‘Foreign Service Act of 1946’’. 1979—Subsec. (b). Pub. L. 96–143, § 11(a), substituted in provisions preceding cl. (1) ‘‘as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter’’ for ‘‘in programs under subchapter I of this chapter for periods of service of at least one year’’ and in cl. (4)(A) ‘‘the annual rate of pay of a volunteer en- rolled for a period of full-time service under such sub- chapter I shall be deemed to be that received under the entrance salary for a grade GS–7 employee, and the an- nual rate of pay of a volunteer enrolled for a period of part-time service under such subchapter I shall be deemed to be such entry salary or an appropriate por- tion thereof as determined by the Director’’ for ‘‘the monthly pay of a volunteer shall be deemed that re- ceived under the entrance salary for a grade GS–7 em- ployee’’ and added cl. (5). Subsec. (c)(2). Pub. L. 96–143, § 18(c)(2), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (f). Pub. L. 96–143, § 11(b), added subsec. (f). 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. Executive Documents EX. ORD. NO. 11561. DELEGATION OF AUTHORITY Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, pro- vided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the authority conferred upon the President by that portion of section 833(c)(2) of the Eco- nomic Opportunity Act of 1964 (42 U.S.C. 2994b(c)(2)) [former section 2994b(c)(2) of this title, now subsec. (c)(2) of this section] which reads ‘‘except as otherwise determined by the President’’ is hereby delegated as follows: (1) To the Office of Personnel Management to the extent that such authority is with respect to the laws administered by the Commission, and (2) to the Secretary of State to the extent that such authority is with respect to the Foreign Service Act of 1980, as amended [22 U.S.C. 3901 et seq.]. § 5056. Evaluation of programs and projects (a) General objectives; persons conducting the evaluation The Director shall measure and evaluate the impact of all programs authorized by this chap- ter, their effectiveness in achieving stated goals, in general, and in relation to their cost, their impact on related programs, and their structure and mechanism for delivery of services. Each program shall be evaluated at least once every three years. Evaluations shall be conducted by persons not immediately involved in the admin- istration of the program or project evaluated. Such evaluation shall also measure and evaluate compliance with the equitable distribution re- quirement of section 5054 of this title. (b) General standards; publication; reports of en- suing actions The Director shall develop and publish general standards for evaluation of program and project