42 U.S.C. § 5049 — Prohibition of Federal control of edu-

Page 6286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5049 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees. Executive Documents DELEGATION OF FUNCTIONS Authority of President under this section delegated to Director of Office of Management and Budget, see section 1 of Ex. Ord. No. 11893, eff. Dec. 31, 1975, 41 F.R. 1040, set out as a note under section 7103 of Title 31, Money and Finance. § 5049. Prohibition of Federal control of edu- cational institution or school system Nothing contained in this chapter shall be construed to authorize any department, agency, officer, or employee of the United States to ex- ercise any direction, supervision, or control over the curriculum, program of instruction, admin- istration, or personnel of any education institu- tion or school system. (Pub. L. 93–113, title IV, § 409, Oct. 1, 1973, 87 Stat. 410.) 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. § 5050. Coordination with other programs The Director shall take necessary steps to co- ordinate volunteer programs authorized under this chapter with one another, with community action programs, and with other related Fed- eral, State, and local programs. The Director shall also consult with the heads of other Fed- eral, State, and local agencies responsible for programs related to the purposes of this chapter with a view to encouraging greater use of volun- teer services in those programs and establishing in connection with them systematic procedures for the recruitment, referral, or necessary preservice orientation or training of volunteers serving pursuant to this chapter. The Director, in consultation with the Director of the Office of Personnel Management and the Secretaries of Labor, Commerce, and the Treasury and offi- cials of other appropriate departments and agen- cies, shall take all appropriate steps to encour- age State and local governments, charitable and service organizations, and private employers (1) to take into account experience in volunteer work in the consideration of applicants for em- ployment; and (2) to make provisions for the listing and description of volunteer work on all employment application forms. (Pub. L. 93–113, title IV, § 410, Oct. 1, 1973, 87 Stat. 410; Pub. L. 96–143, § 10, Dec. 13, 1979, 93 Stat. 1078.) 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. AMENDMENTS 1979—Pub. L. 96–143 inserted provisions requiring the Director in consultation with the Director of the Office of Personnel Management and the Secretaries of Labor, Commerce, and the Treasury and officials of other ap- propriate departments and agencies to take steps to en- courage employers to review the consideration they give volunteer service in the information requested on their standard application forms. § 5051. Performance of functions by existing de- partments or offices rather than new depart- ments or offices In order to assure that existing Federal agen- cies 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 per- formed by an existing department or office. (Pub. L. 93–113, title IV, § 411, 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. § 5052. Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications (a) The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assist- ance under this chapter, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall pre- scribe procedures to insure that— (1) assistance under this chapter shall not be suspended for failure to comply with applica- ble terms and conditions, except in emergency situations for thirty days; (2) an application for refunding under this chapter may not be denied unless the recipient has been given (A) notice at least 75 days be- fore the denial of such application of the possi- bility of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken; (3) in any case where an application for re- funding is denied for failure to comply with the terms and conditions of the grant or con- tract award, the recipient shall be afforded an