42 U.S.C. § 5001 — Grants and contracts for volunteer serv-

Page 6270 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5000 SUBCHAPTER II—NATIONAL SENIOR SERVICE CORPS Editorial Notes CODIFICATION Pub. L. 111–13, title II, § 2141, Apr. 21, 2009, 123 Stat. 1584, substituted ‘‘SERVICE’’ for ‘‘VOLUNTEER’’ in heading. § 5000. Statement of purpose It is the purpose of this subchapter to pro- vide— (1) opportunities for senior service to meet unmet local, State, and national needs in the areas of education, public safety, emergency and disaster preparedness, relief, and recovery, health and human needs, and the environment; (2) for the National Senior Service Corps, comprised of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and dem- onstration and other programs, to empower people 55 years of age or older to contribute to their communities through service, enhance the lives of those who serve and those whom they serve, and provide communities with val- uable services; (3) opportunities for people 55 years of age or older, through the Retired and Senior Volun- teer Program, to share their knowledge, expe- riences, abilities, and skills for the betterment of their communities and themselves; (4) opportunities for low-income people 55 years of age or older, through the Foster Grandparents Program, to have a positive im- pact on the lives of children in need; and (5) opportunities for low-income people 55 years of age or older, through the Senior Com- panion Program, to provide support services and companionship to other older individuals through volunteer service. (Pub. L. 93–113, title II, § 200, as added Pub. L. 101–204, title V, § 501, Dec. 7, 1989, 103 Stat. 1815; amended Pub. L. 103–82, title III, §§ 341(b)(1), 342(b), Sept. 21, 1993, 107 Stat. 904; Pub. L. 111–13, title II, § 2142, Apr. 21, 2009, 123 Stat. 1584.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–13 amended section generally. Prior to amendment, section set forth a statement of pur- poses regarding the National Senior Volunteer Corps. 1993—Par. (1). Pub. L. 103–82, §§ 341(b)(1), 342(b), sub- stituted ‘‘National Senior Volunteer Corps’’ for ‘‘Older American Volunteer Programs’’ and ‘‘Retired and Sen- ior Volunteer Program’’ for ‘‘retired senior volunteer program’’. Par. (2). Pub. L. 103–82, § 342(b), substituted ‘‘Retired and Senior Volunteer Program’’ for ‘‘retired senior vol- unteer program’’. 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. PART A—RETIRED AND SENIOR VOLUNTEER PROGRAM § 5001. Grants and contracts for volunteer serv- ice projects (a) Approval of projects; rules and regulations In order to help retired individuals and work- ing older individuals to share their experiences, abilities, and skills to improve their commu- nities 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) or grants to or contracts with other public and nonprofit private agencies and organiza- tions to pay part or all of the costs for the devel- opment or operation, or both, of volunteer serv- ice 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 provi- sion of services under this part; (2) only individuals 55 years of age or older will be enrolled as volunteers to provide serv- ices under this part (except for administrative purposes), and such services will be performed in the community where such individuals re- side 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 involv- ing the construction, operation, or mainte- nance 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 ex- penses of such volunteers while undergoing such training; and (4) the project is being designed and imple- mented with the advice of persons competent in the field of service to be provided, as well as persons who have expertise in the manage- ment of volunteers and the needs of older indi- viduals. (b) Proportion of required local contribution; ex- ceptions In no event shall the required proportion of the local contribution (including in-kind con- tributions) 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 cen- tum in any subsequent such years: Provided, however, That the Director may make excep- tions in cases of demonstrated need, determined (in accordance with regulations which the Direc- tor shall prescribe) on the basis of the financial capability of a particular recipient of assistance under this section, to permit a lesser local con- tribution proportion than any required contribu- tion proportion established by the Director in generally applicable regulations. Page 6271 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5001 1 So in original. Probably should be ‘‘performance’’. (c) Conditions upon award of grant or contract The Director shall not award any grant or con- tract under this part for a project in any State to any agency or organization unless, if such State has a State agency established or des- ignated pursuant to section 3025(a)(1) of this title, 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 there- on. (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 1 measures es- tablished under subsection (g); and (B) awarded through a competitive process described in paragraph (2). (2)(A) The Corporation shall promulgate regu- lations establishing the competitive process re- quired under paragraph (1)(B), and make such regulations available to the public, not later than 18 months after April 21, 2009. The Corpora- tion shall consult with the directors of programs receiving grants under this section during the development and implementation of the com- petitive process. (B) The competitive process required by sub- paragraph (A) shall— (i) include the use of a peer review panel, in- cluding members with expertise in senior serv- ice and aging, to review applications; (ii) include site inspections of programs as- sisted under this section, as appropriate; (iii) in the case of an applicant who has pre- viously received a grant or contract for a pro- gram 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 ag- gregate number of volunteer service years for a given geographic service area that is not less than the aggregate number of volun- teer service years supported under this sec- tion 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, 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 regula- tions establishing the evaluation process re- quired under paragraph (1), and make such regu- lations available to the public, not later than 18 months after April 21, 2009. The Corporation shall consult with the directors of programs re- ceiving grants under this section during the de- velopment and implementation of the evalua- tion process. (3) The evaluation process required under paragraph (1) shall— (A) include performance measures, out- comes, and other criteria established under subsection (g); and (B) evaluate the extent to which the recipi- ent of the grant or contract meets or exceeds such performance measures, outcomes, and other criteria through a review of the recipi- ent. (4) To the maximum extent practicable, the Corporation shall provide that each evaluation required by this subsection is conducted by a re- view team that— (A) includes individuals who are knowledge- able about programs assisted under this sec- tion; (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 para- graph (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 weak- nesses and assists with program improvement; and (B) be used as the basis for program im- provement, and for the provision of training and technical assistance. (g) Performance measures, outcomes, and other criteria (1) The Corporation shall, with particular at- tention to the different needs of rural and urban programs assisted under this section, develop performance measures, outcomes, and other cri- teria for programs assisted under this section that— Page 6272 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5001 (A) include an assessment of the strengths and areas in need of improvement of a pro- gram 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 com- munity-based organizations, units of govern- ment, and entities providing services to sen- iors, taking into account barriers to such col- laboration 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 sub- section may be updated or modified as nec- essary, in consultation with directors of pro- grams 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, de- termine that a performance measure, outcome, or criterion established under this subsection is operationally problematic, and may, in con- sultation 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, out- come, 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, out- come, or criteria established under this sub- section, the Corporation shall initiate proce- dures to terminate the program in accordance with section 5052 of this title. (h) Training and technical assistance The Chief Executive Officer shall develop pro- cedures by which programs assisted under this section may receive training and technical as- sistance, which may include regular monitoring visits to assist programs in meeting the per- formance measures, outcomes, and criteria. (i) Temporary continuation of programs that fail to meet performance measures (1) Notwithstanding subsection (g)(3) or sec- tion 5052 of this title, the Corporation shall con- tinue to fund a program assisted under this sec- tion that has failed to meet or exceed the per- formance measures, outcomes, and other cri- teria 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 pro- gram, 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 con- duct 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 con- tinued 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 con- tinued under paragraph (1) during this period and may provide training and technical assist- ance to assist such recipient in meeting the per- formance 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 prior- ities. (Pub. L. 93–113, title II, § 201, Oct. 1, 1973, 87 Stat. 401; Pub. L. 93–351, § 4, July 12, 1974, 88 Stat. 357; Pub. L. 95–478, title IV, § 402(a), Oct. 18, 1978, 92 Stat. 1556; Pub. L. 98–288, § 14(a), (b), May 21, 1984, 98 Stat. 192; Pub. L. 101–204, title IX, § 902(2), Dec. 7, 1989, 103 Stat. 1826; Pub. L. 103–82, title III, § 343, Sept. 21, 1993, 107 Stat. 904; Pub. L. 111–13, title II, § 2143, Apr. 21, 2009, 123 Stat. 1584.) Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 2143(1)(A), sub- stituted ‘‘share their experiences, abilities, and skills to improve their communities and themselves through service in their communities,’’ for ‘‘avail themselves of opportunities for volunteer service in their commu- nity,’’ in introductory provisions. Subsec. (a)(2). Pub. L. 111–13, § 2143(1)(B), struck out ‘‘, and individuals 60 years of age or older will be given priority for enrollment,’’ before ‘‘as volunteers’’. Subsec. (a)(4). Pub. L. 111–13, § 2143(1)(C), substituted ‘‘designed and implemented’’ for ‘‘established and will be carried out’’ and ‘‘field of service to be provided, as well as persons who have expertise in the management of volunteers and the needs of older individuals.’’ for ‘‘field of service involved, and of persons with interest in and knowledge of the needs of older persons.’’ Subsecs. (e) to (j). Pub. L. 111–13, § 2143(2), added sub- secs. (e) to (j). 1993—Subsec. (a). Pub. L. 103–82, § 343(1), substituted ‘‘retired individuals and working older individuals’’ for ‘‘retired persons’’ in introductory provisions. Subsec. (a)(2). Pub. L. 103–82, § 343(2), substituted ‘‘55 years of age or older’’ for ‘‘aged sixty or over’’ and in- serted ‘‘, and individuals 60 years of age or older will be given priority for enrollment,’’ after ‘‘will be enrolled’’. 1989—Subsec. (a). Pub. L. 101–204, § 902(2)(A), sub- stituted ‘‘projects’’ for ‘‘programs’’ in introductory provisions. Subsec. (a)(3), (4). Pub. L. 101–204, § 902(2)(B), sub- stituted ‘‘project’’ for ‘‘program’’. 1984—Subsec. (a). Pub. L. 98–288, § 14(a), substituted ‘‘the Director’’ for ‘‘he’’ in two places in provisions be- fore par. (1). Subsec. (b). Pub. L. 98–288, § 14(b), substituted ‘‘and 30 per centum in any subsequent such years’’ for ‘‘30 per Page 6273 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5011 1 See References in Text note below. centum in the third such year, 40 per centum in the fourth such year, and 50 per centum in any subsequent such years’’. 1978—Subsec. (a). Pub. L. 95–478, § 402(a)(1), sub- stituted reference to section ‘‘3025(a)(1)’’ for ‘‘3024(a)(1)’’ of this title. Subsec. (c). Pub. L. 95–478, § 402(a)(1), (2), substituted reference to section ‘‘3025(a)(1)’’ for ‘‘3024(a)(1)’’ of this title and decreased period for review to ‘‘forty-five’’ from ‘‘sixty’’ days. Subsec. (d). Pub. L. 95–478, § 402(a)(3), added subsec. (d). 1974—Subsecs. (b), (c). Pub. L. 93–351 added subsec. (b) and redesignated former subsec. (b) as (c). 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 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. AGING RESOURCE SPECIALISTS FOR COORDINATION OF NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS WITH STATE AND COMMUNITY PROGRAMS ON AGING AND NUTRITION PROGRAMS FOR ELDERLY; DESIGNA- TION; DUTIES; DEFINITIONS Pub. L. 94–135, title II, § 205(c), Nov. 28, 1975, 89 Stat. 727, as amended by Pub. L. 103–82, title III, § 341(b)(4), title IV, § 405(i), Sept. 21, 1993, 107 Stat. 904, 921, pro- vided that: ‘‘(1) In order to provide maximum coordination be- tween programs carried out under title III and title VII of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.; 42 U.S.C. 3045 et seq.) and National Senior Volun- teer Corps [now National Senior Service Corps] pro- grams carried out under title II of the Domestic Volun- teer Service Act of 1973 (42 U.S.C. 5001 et seq.) [42 U.S.C. 5000 et seq.], in order to enhance the effectiveness of the support provided to such National Senior Volunteer Corps programs by the Corporation for National and Community Service, the Chief Executive Officer of the Corporation shall designate an aging resource spe- cialist with respect to programs carried out in each State under title II of the Domestic Volunteer Service Act of 1973 [this subchapter]. ‘‘(2)(A) Each aging resource specialist designated under paragraph (1) shall be qualified to serve in such capacity by appropriate experience and training, and shall be stationed in a State office of the Corporation. ‘‘(B) The primary responsibility of each aging re- source specialist shall be— ‘‘(i) to support programs carried out under title II of the Domestic Volunteer Service Act of 1973 [this subchapter] in any State or other jurisdiction served by the State office involved; and ‘‘(ii) to seek to coordinate such programs with pro- grams carried out under title III and title VII of the Older Americans Act of 1965 [sections 3021 et seq. and 3045 et seq. of this title] in any such State or other jurisdiction. ‘‘(3) For purposes of this subsection— ‘‘(A) the term ‘Corporation’ means the Corporation for National and Community Service established by section 191 of the National and Community Service Act of 1990 [42 U.S.C. 12651].[;] ‘‘(B) the term ‘primary responsibility’ means the devotion of more than one-half of regular working hours to the performance of duties described in para- graph (2)(B); and ‘‘(C) the term ‘State’ means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands.’’ [For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.] PART B—FOSTER GRANDPARENT PROGRAM § 5011. Grants and contracts for individual serv- ice 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 individ- uals serving under this part) designed for the purpose of providing opportunities for low-in- come persons age 55 or over to provide sup- portive person-to-person services in health, edu- cation, welfare, and related settings to children having special or exceptional needs or cir- cumstances identified as limiting their aca- demic, social, or emotional development. 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 re- ceiving services provided by day care centers, schools, early intervention programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), Head Start agencies under the Head Start Act [42 U.S.C. 9831 et seq.], or other programs, establishments, and institu- tions providing services for children having spe- cial or exceptional needs or circumstances iden- tified as limiting their academic, social, or emo- tional development. Individual foster grand- parents 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 as- sistance 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, Depart- ment of the Interior, toward the cost of the project may be counted as part of the cost there- of which is met from non-Federal sources. (b) Person-to-person services to children in an individual service project by public or pri- vate nonprofit agency; authority and criteria for determinations; mutual agreements be- tween parties (1) Any public or private nonprofit agency or organization responsible for providing person-to-