42 U.S.C. § 4958 — Limitation on funds appropriated for

Page 6266 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4956 1993—Subsec. (a)(1). Pub. L. 103–82, § 325(a), designated first sentence as subpar. (A), added subpars. (B) and (C), and struck out former second sentence which read as follows: ‘‘Such stipend shall not exceed $75 per month in fiscal year 1990, $90 per month in fiscal year 1991, and $95 per month in subsequent fiscal years during the vol- unteer’s service, except that the Director may provide a stipend not to exceed $75 per month in fiscal year 1990, $90 per month in fiscal year 1991, and $95 per month in subsequent fiscal years in the case of persons who have served for at least one year and who, in ac- cordance with standards established in regulations which the Director shall prescribe, have been des- ignated volunteer leaders on the basis of experience and special skills and a demonstrated leadership among volunteers.’’ Subsec. (b)(3). Pub. L. 103–82, § 325(b)(1), struck out subpar. (A), struck out subpar. (B) designation before ‘‘The Director shall adjust’’, and inserted at end: ‘‘The Director shall review such adjustments on an annual basis to ensure that the adjustments are current.’’. Prior to amendment, subpar. (A) read as follows: ‘‘The Director shall consult with regional and State offices of the ACTION Agency to make a determination of the cost of living within each State and whether there are significant local price differentials within the State.’’ Subsec. (b)(4). Pub. L. 103–82, § 325(b)(2), struck out par. (4) which read as follows: ‘‘The Director, in coordi- nation with regional and State offices of the ACTION Agency and taking into account paragraphs (2) and (3), shall establish a method for setting subsistence allow- ances. The Director shall submit a report on such methods to the appropriate authorizing committees of Congress not later than 90 days after the date of enact- ment of the fiscal year 1990 appropriation.’’ Subsec. (c). Pub. L. 103–82, § 325(c), added subsec. (c). 1989—Subsec. (a)(1). Pub. L. 101–204, § 102(1), sub- stituted ‘‘$75 per month in fiscal year 1990, $90 per month in fiscal year 1991, and $95 per month in subse- quent fiscal years’’ for ‘‘$75 per month’’ in two places. Subsec. (b). Pub. L. 101–204, § 102(2), designated exist- ing provisions as par. (1), substituted ‘‘places of train- ing and to and from locations to which volunteers are assigned during periods of service)’’ for ‘‘places of training),’’, and added pars. (2) to (4). 1986—Subsec. (b). Pub. L. 99–551 substituted ‘‘the Di- rector’’ for ‘‘he’’ before ‘‘deems’’. 1984—Subsec. (b). Pub. L. 98–288 inserted ‘‘pre-service training and where appropriate in-service training,’’. 1979—Subsec. (a)(2). Pub. L. 96–143 substituted ‘‘under such circumstances as the Director shall determine, in accordance with regulations which the director shall prescribe, the accrued stipend, or any part of the ac- crued stipend, may be paid to the volunteer, or, on be- half of the volunteer, to members of the volunteer’s family or others during the period of the volunteer’s service’’ for ‘‘in extraordinary circumstances the Direc- tor may from time to time advance all or a portion of the accrued stipend to or on behalf of a volunteer’’. 1975—Subsec. (a)(1). Pub. L. 94–130 substituted ‘‘shall not exceed $75’’ for ‘‘shall not exceed $50’’. 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 Pub. L. 94–130, § 5(b), Nov. 14, 1975, 89 Stat. 684, as amended by Pub. L. 96–143, § 17, Dec. 13, 1979, 93 Stat. 1082, authorized additional appropriations, beyond those authorized pursuant to section 5081 of this title, to carry out the amendment made to this section by section 5(a) of Pub. L. 94–130. § 4956. Participation of program beneficiaries To the maximum extent practicable, the peo- ple of the communities to be served by volun- teers under this subchapter shall participate in planning, developing, and implementing pro- grams thereunder, and the Director, after con- sultation with sponsoring agencies (including volunteers assigned to them) and the people served by such agencies, shall establish in regu- lations, a continuing mechanism for the mean- ingful participation of such program bene- ficiaries. (Pub. L. 93–113, title I, § 106, Oct. 1, 1973, 87 Stat. 398; Pub. L. 98–288, § 7, May 21, 1984, 98 Stat. 191.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–288 substituted ‘‘establish in regula- tions’’ for ‘‘take all necessary steps to establish, in reg- ulations he shall prescribe’’. § 4957. Participation of younger and older per- sons In carrying out this part and part C, the Direc- tor shall take necessary steps, including the de- velopment of special projects, where appro- priate, to encourage the fullest participation of individuals 18 through 27 years of age, and indi- viduals 55 years of age and older, in the various programs and activities authorized under such parts. (Pub. L. 93–113, title I, § 107, Oct. 1, 1973, 87 Stat. 399; Pub. L. 103–82, title III, § 326, Sept. 21, 1993, 107 Stat. 901.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–82 amended section generally. Prior to amendment, section read as follows: ‘‘In carrying out this part and part C of this subchapter, the Direc- tor shall take necessary steps, including the develop- ment of special projects, where appropriate, to encour- age the fullest participation of older persons and older persons membership groups as volunteers and partici- pant agencies in the various programs and activities authorized under such parts and, because of the high proportion of older persons within the poverty group, shall encourage the development of a variety of volun- teer services to older persons, including special projects, to assure that such persons are served in pro- portion to their need.’’ Statutory Notes and Related Subsidiaries 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. § 4958. Limitation on funds appropriated for grants and contracts for direct cost of sup- porting volunteers in programs or projects (a) Of funds appropriated for the purpose of this part under section 5081 of this title, not Page 6267 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4971 to 4973 1 See References in Text note below. more than 30 percent for the fiscal year ending September 30, 1984, and for each fiscal year thereafter, may be obligated for the direct cost of supporting volunteers in programs or projects carried out pursuant to grants and contracts made under section 5042(12) 1 of this title. (b) No funds shall be obligated under this part pursuant to grants or contracts made after De- cember 13, 1979, for new projects for the direct cost of supporting volunteers unless the recipi- ent of each such grant or contract has been se- lected through a competitive process which in- cludes— (1) public announcements of the availability of funds for such grants or contracts, general criteria for the selection of new recipients, and a description of the application process and the application review process; and (2) a requirement that each applicant for any such grant or contract identify, with suffi- cient particularity to assure that the assign- ments of volunteers under such grants and contracts will carry out the purpose of this part, the particular poverty or poverty-related problems on which the grant or contract will focus, and any such grant or contract shall specifically so identify such problems. (Pub. L. 93–113, title I, § 108, as added Pub. L. 94–293, § 4(a)(1), May 27, 1976, 90 Stat. 525; amend- ed Pub. L. 96–143, § 4, Dec. 13, 1979, 93 Stat. 1075; Pub. L. 98–288, § 8, May 21, 1984, 98 Stat. 191; Pub. L. 101–204, title VII, § 703, Dec. 7, 1989, 103 Stat. 1821.) Editorial Notes REFERENCES IN TEXT Section 5042 of this title, referred to in subsec. (a), was repealed by Pub. L. 103–82, title II, § 203(b), Sept. 21, 1993, 107 Stat. 892. AMENDMENTS 1989—Subsec. (a). Pub. L. 101–204 substituted ‘‘30 per- cent’’ for ‘‘16 per centum’’. 1984—Subsec. (a). Pub. L. 98–288, § 8(1), (2), substituted ‘‘1984’’ for ‘‘1977’’, and struck out ‘‘During the fiscal year ending September 30, 1980—(1) in no event may in excess of $5,800,000 be used pursuant to grants and con- tracts under this part for the direct cost of supporting such volunteers; and (2) funds obligated pursuant to such grants and contracts for such cost may be used to support no greater number of years of volunteer service than the number of such years supported during the fis- cal year ending September 30, 1979, pursuant to grants and contracts for such cost.’’ Subsec. (b)(2). Pub. L. 98–288, § 8(3), struck out ‘‘human, social, or environmental’’ after ‘‘poverty-re- lated’’. 1979—Subsec. (a). Pub. L. 96–143, § 4, designated exist- ing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted ‘‘16’’ for ‘‘20’’, inserted ‘‘During the fiscal year ending September 30, 1980’’, and added pars. (1) and (2). Subsec. (b). Pub. L. 96–143, § 4(b), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 94–293, § 4(c), May 27, 1976, 90 Stat. 526, pro- vided that: ‘‘The amendments made by subsection (a) and subsection (b) of this section [enacting this section and amending section 5042 of this title] shall be effec- tive on October 1, 1976, and shall not apply to any agreement for the assignment of volunteers entered into before such date during the period of any such agreement.’’ § 4959. Repealed. Pub. L. 111–13, title II, § 2104, Apr. 21, 2009, 123 Stat. 1583 Section, Pub. L. 93–113, title I, § 109, as added Pub. L. 99–551, § 4(a), Oct. 27, 1986, 100 Stat. 3072; amended Pub. L. 101–204, title VI, § 601, Dec. 7, 1989, 103 Stat. 1819; Pub. L. 103–82, title III, § 327, Sept. 21, 1993, 107 Stat. 902; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(36)(B), (f)(28)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434, related to the VISTA Literacy Corps. Statutory Notes and Related Subsidiaries 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. § 4960. Applications for assistance In reviewing an application for assistance under this part, the Director shall not deny such assistance to any project or program, or any public or private nonprofit organization, solely on the basis of the duration of the assistance such project, program, or organization has re- ceived under this part prior to the date of sub- mission of the application. The Director shall grant assistance under this part on the basis of merit and to accomplish the goals of the VISTA program, and shall consider the needs and re- quirements of projects in existence on such date as well as potential new projects. (Pub. L. 93–113, title I, § 109, formerly § 110, as added Pub. L. 101–204, title I, § 103, Dec. 7, 1989, 103 Stat. 1812; amended Pub. L. 103–82, title III, § 328, Sept. 21, 1993, 107 Stat. 902; renumbered § 109, Pub. L. 111–13, title II, § 2105, Apr. 21, 2009, 123 Stat. 1583.) Editorial Notes PRIOR PROVISIONS A prior section 109 of Pub. L. 93–113 was classified to section 4959 of this title, prior to repeal by Pub. L. 111–13, title II, § 2104, Apr. 21, 2009, 123 Stat. 1583, effec- tive Oct. 1, 2009. AMENDMENTS 1993—Pub. L. 103–82 amended section generally, sub- stituting present provisions for provisions which re- lated to: in subsec. (a), duration; in subsec. (b), consid- eration of application; in subsec. (c), new project or program; in subsec. (d), renewal of assistance; in sub- sec. (e), eligibility; and in subsec. (f), notice. Statutory Notes and Related Subsidiaries 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 B—UNIVERSITY YEAR FOR VISTA § 4971 to 4973. Repealed. Pub. L. 111–13, title II, § 2121, Apr. 21, 2009, 123 Stat. 1584 Section 4971, Pub. L. 93–113, title I, § 111, Oct. 1, 1973, 87 Stat. 399; Pub. L. 98–288, § 9, May 21, 1984, 98 Stat. 191; Pub. L. 99–551, § 5, Oct. 27, 1986, 100 Stat. 3073; Pub. L.