42 U.S.C. § 5044 — Special limitations

Page 6283 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5044 tending faction or group, in an election for public or party office; (B) any activity to provide voters or pro- spective voters with transportation to the polls or similar assistance in connection with any such election; or (C) any voter registration activity; except that programs assisted under this chap- ter may make voter registration applications and nonpartisan voter registration information available to the public on the premises of such programs. (2) In carrying out any voter registration ac- tivity permitted under paragraph (1), an indi- vidual who is affiliated with, or employed to carry out, a program assisted under this chapter shall not— (A) indicate a preference with respect to any candidate, political party, or election issue; or (B) seek to influence the political or party affiliation, or voting decision, of any indi- vidual. (c) Prohibition on influencing passage or defeat of legislation No funds appropriated to carry out this chap- ter shall be used by any program assisted under this chapter in any activity for the purpose of influencing the passage or defeat of legislation or proposals by initiative petition, except— (1) in any case in which a legislative body, a committee of a legislative body, or a member of a legislative body requests any volunteer in, or employee of, such a program to draft, re- view, or testify regarding measures or to make representations to such legislative body, com- mittee, or member; or (2) in connection with an authorization or appropriations measure directly affecting the operation of the program. (d) Enforcement; rules and regulations The Director, after consultation with the Of- fice of Personnel Management, shall issue rules and regulations to provide for the enforcement of this section, which shall include provisions for summary suspension of assistance for no more than thirty days until notice and an oppor- tunity to be heard can be provided or other ac- tion necessary to permit enforcement on an emergency basis. (Pub. L. 93–113, title IV, § 403, Oct. 1, 1973, 87 Stat. 408; Pub. L. 96–143, §§ 8, 18(c)(1), Dec. 13, 1979, 93 Stat. 1077, 1083; Pub. L. 96–187, title I, § 112(e)(1), Jan. 8, 1980, 93 Stat. 1366; Pub. L. 99–551, § 10(i)(6), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 363, title IV, § 405(a)(7), Sept. 21, 1993, 107 Stat. 907, 920.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), 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. CODIFICATION References in subsec. (a) to ‘‘section 30101(1) of title 52’’ and to ‘‘section 30101(3) of title 52’’ were formerly references to ‘‘section 431(1) of title 2’’ and to ‘‘section 431(3) of title 2’’, respectively, and were updated to re- flect the editorial reclassification of section 431 of Title 2, The Congress, to section 30101 of Title 52, Voting and Elections. See 1980 Amendment note below. AMENDMENTS 1993—Subsec. (a). Pub. L. 103–82, § 405(a)(7), sub- stituted ‘‘administered by the Corporation under this chapter’’ for ‘‘administered by the ACTION Agency’’ and ‘‘of the Corporation’’ for ‘‘of the ACTION Agency’’. Subsec. (b)(1). Pub. L. 103–82, § 363(3), added par. (1) and struck out former par. (1) which read as follows: ‘‘Programs assisted under this chapter shall not be car- ried on in a manner involving the use of funds, the pro- vision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (A) any partisan or non-partisan political activity or any other political activity associated with a candidate, or contending fac- tion or group, in an election for public or party office, (B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (C) any voter registration activity.’’ Subsec. (b)(2). Pub. L. 103–82, § 363(3), added par. (2). Former par. (2) redesignated subsec. (c). Subsec. (c). Pub. L. 103–82, § 363(1), (2), redesignated subsec. (b)(2) as subsec. (c) and subpars. (A) and (B) as pars. (1) and (2), respectively. Former subsec. (c) redes- ignated (d). Subsec. (d). Pub. L. 103–82, § 363(1), redesignated sub- sec. (c) as (d). 1986—Subsec. (a). Pub. L. 99–551 substituted ‘‘an offi- cial capacity’’ for ‘‘his official capacity’’. 1980—Subsec. (a). Pub. L. 96–187 substituted ‘‘section 431(1) of title 2’’ and ‘‘section 431(3) of title 2’’ for ‘‘sec- tion 431(a) of title 2’’ and ‘‘section 431(c) of title 2’’, re- spectively. See Codification note above. 1979—Pub. L. 96–143, § 8(a), inserted ‘‘or the outcome of any election to any State or local public office,’’ after ‘‘Federal office,’’ and ‘‘(when referring to an elec- tion for Federal office)’’ before ‘‘has the same mean- ing’’. Subsec. (b). Pub. L. 96–143, § 8(b), designated existing provisions as par. (1), cls. (1) to (3) thereof as cls. (A) to (C), and last sentence thereof as subsec. (c), and added par. (2). Subsec. (c). Pub. L. 96–143, §§ 8(b)(3), 18(c)(1), des- ignated as subsec. (c) provisions formerly contained in last sentence of subsec. (b) and, as so designated, sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 363 of 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. Amendment by section 405(a)(7) of Pub. L. 103–82 ef- fective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Govern- ment Organization and Employees. 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. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections. § 5044. Special limitations (a) Volunteer activities; limitation The Director shall prescribe regulations and shall carry out the provisions of this chapter so Page 6284 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5044 1 So in original. as to assure that the service of volunteers as- signed, referred, or serving pursuant to grants, contracts, or agreements made under this chap- ter is limited to activities which would not oth- erwise be performed by employed workers or other volunteers (not including participants under this chapter and the National and Com- munity Service Act of 1990 (42 U.S.C. 12501 et seq.)), and which will not supplant the hiring of or result in the displacement of employed work- ers or other volunteers (not including partici- pants under this chapter and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),,1 or impair existing contracts for serv- ice. (b) Support costs All support, including transportation provided to volunteers under this chapter, shall be fur- nished at the lowest possible costs consistent with the effective operation of volunteer pro- grams. (c) Compensation of supervising agencies or or- ganizations No agency or organization to which volunteers are assigned hereunder, or which operates or su- pervises any volunteer program hereunder, shall request or receive any compensation from such volunteers or from beneficiaries for services of volunteers supervised by such agency or organi- zation. (d) Labor or antilabor organization activities; funds use prohibition No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or antilabor organization or related activ- ity. (e) Selection procedure Persons serving as volunteers under this chap- ter shall provide such information concerning their qualifications, including their ability to perform their assigned tasks, and their integ- rity, as the Director shall prescribe and shall be subject to such procedures for selection and ap- proval as the Director determines are necessary to carry out the purposes of this chapter. The Director may establish such special procedures for the recruitment, selection, training, and as- signment of low-income residents of the area to be served by a program under this chapter who wish to become volunteers as the Director deter- mines will further the purposes of this chapter. (f) Government assistance; eligibility; special limitations (1) Notwithstanding any other provision of law except as may be provided expressly in limita- tion of this subsection, payments to volunteers under this chapter shall not in any way reduce or eliminate the level of or eligibility for assist- ance or services any such volunteers may be re- ceiving under any governmental program, ex- cept that this paragraph shall not apply in the case of such payments when the Director deter- mines that the value of all such payments, ad- justed to reflect the number of hours such vol- unteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or the minimum wage, under the laws of the State where such volunteers are serving, whichever is the greater. (2) Notwithstanding any other provision of law, a person enrolled for full-time service as a volunteer under subchapter I of this chapter who was otherwise entitled to receive assistance or services under any governmental program prior to such volunteer’s enrollment shall not be de- nied such assistance or services because of such volunteer’s failure or refusal to register for, seek, or accept employment or training during the period of such service. (Pub. L. 93–113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408; Pub. L. 96–143, § 9, Dec. 13, 1979, 93 Stat. 1077; Pub. L. 98–288, § 19, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 10(i)(7), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 364, Sept. 21, 1993, 107 Stat. 908; Pub. L. 111–13, title II, § 2151, Apr. 21, 2009, 123 Stat. 1591.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (e), and (f), 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 National and Community Service Act of 1990, re- ferred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§ 12501 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (f)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13 inserted ‘‘or other volunteers (not including participants under this chap- ter and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),’’ after ‘‘employed work- ers’’ in two places. 1993—Subsec. (c). Pub. L. 103–82, § 364(1), inserted ‘‘from such volunteers or from beneficiaries’’ after ‘‘compensation’’. Subsecs. (f), (g). Pub. L. 103–82, § 364(2), (3), redesig- nated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: ‘‘Notwithstanding any other pro- vision of law, the Director shall assign or delegate any substantial responsibility for carrying out programs under this chapter only to persons appointed or em- ployed pursuant to clauses (1) and (2) of section 5042 of this title, and persons assigned or delegated such sub- stantial responsibilities on October 1, 1973, and who are receiving compensation in accordance with provisions of law other than the applicable provisions of title 5 on such date shall, by operation of law on such date, be as- signed a grade level pursuant to such latter provisions so as to fix the compensation of such persons under such authority at no less than their compensation rate on the day preceding such date.’’ 1986—Subsec. (e). Pub. L. 99–551 substituted ‘‘the Di- rector’’ for ‘‘he’’ before ‘‘determines will’’. 1984—Subsec. (f). Pub. L. 98–288 struck out ‘‘and ex- cept as provided in the second sentence of this sub- section’’ after ‘‘Notwithstanding any other provision of law’’ and struck out ‘‘The Director may personally make exceptions to the requirements set forth in the Page 6285 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5048 first sentence of this subsection for persons he finds will be assigned to carrying out functions under the Peace Corps Act (22 U.S.C. 2501 et seq.) within six months after October 1, 1973.’’ 1979—Subsec. (g). Pub. L. 96–143 designated existing provisions as par. (1), inserted ‘‘, except that this para- graph shall not apply in the case of such payments when the Director determines that the value of all such payments, adjusted to reflect the number of hours such volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938 or the minimum wage, under the laws of the State where such volunteers are serving, whichever is the greater’’ after ‘‘governmental pro- gram’’, and added par. (2). 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. § 5045. Repealed. Pub. L. 98–288, § 20(a), May 21, 1984, 98 Stat. 195 Section, Pub. L. 93–113, title IV, § 405, Oct. 1, 1973, 87 Stat. 409; Pub. L. 94–293, § 5(a), May 27, 1976, 90 Stat. 526; Pub. L. 96–470, title I, § 113, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96–533, title VI, § 602(b), Dec. 16, 1980, 94 Stat. 3156, provided for a National Voluntary Service Advi- sory Council. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 98–288, § 20(a), May 21, 1984, 98 Stat. 195, pro- vided that the repeal of this section is effective Jan. 1, 1986. § 5046. Labor standards for federally assisted projects, buildings, and works All laborers and mechanics employed by con- tractors or subcontractors in the construction, alteration or repair, including painting and decorating of projects, buildings and works which are federally assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the local- ity as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to such labor standards, the au- thority and functions set forth in Reorganiza- tion Plan Number 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 3145 of title 40. (Pub. L. 93–113, title IV, § 406, 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. Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ sub- stituted for ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, ch. 492, as amended; 40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 5047. Repealed. Pub. L. 103–82, title III, § 365, Sept. 21, 1993, 107 Stat. 908 Section, Pub. L. 93–113, title IV, § 407, Oct. 1, 1973, 87 Stat. 410; Pub. L. 98–288, § 21, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 3(b), Oct. 27, 1986, 100 Stat. 3072; Pub. L. 101–204, title IV, § 401, Dec. 7, 1989, 103 Stat. 1814, re- quired annual report on activities under section 4953 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 4951 of this title. § 5048. Joint funding; single non-Federal share requirement; grant or contract requirement waiver Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to an agency or organization as- sisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, notwithstanding any other provision of law, in such cases, a single non-Federal share require- ment may be established according to the pro- portion of funds advanced by each agency. When the principal agency involved is the Corpora- tion, it may waive any grant or contract re- quirement (as defined by such regulations) under or pursuant to any law other than this chapter, which requirement is inconsistent with the similar requirements under or pursuant to this chapter. (Pub. L. 93–113, title IV, § 408, Oct. 1, 1973, 87 Stat. 410; Pub. L. 103–82, title IV, § 405(a)(8), Sept. 21, 1993, 107 Stat. 920.) 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 1993—Pub. L. 103–82 substituted ‘‘the Corporation’’ for ‘‘the ACTION Agency’’.