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42 U.S.C. § 5011 — Grants and contracts for individual serv-

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42 U.S.C. § 5011 — Grants and contracts for individual serv-

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 I

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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- Page 6274 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5011 person services to a child in a project carried out under subsection (a) of this section may de- termine— (A) which children may receive supportive person-to-person services under such project; (B) the period of time during which such services shall be continued in the case of each individual child; and (C) whether it is in the best interest of the child receiving, and the particular foster grandparent providing, services in such a project, to continue the relationship between the child and the grandparent under this part after the child reaches the age of 21, if such child is an individual with a disability who was receiving such services prior to attaining the age of 21. (2) If an assignment of a foster grandparent under this part is suspended or discontinued, the replacement of that foster grandparent shall be determined in a manner consistent with para- graph (3). (3) Any determination made by a public or nonprofit private agency or organization under paragraphs (1) and (2) of this subsection shall be made through mutual agreement by all parties involved with respect to the provision of serv- ices to the child involved. (c) ‘‘Child’’ and ‘‘children’’ defined For the purposes of this section, the terms ‘‘child’’ and ‘‘children’’ mean any individual or individuals who are less than 21 years of age. (d) Domestic Volunteer Service; allowances, sti- pends, and other support The Director, in accordance with regulations the Director shall prescribe, may provide to low- income persons serving as volunteers under this part, such allowances, stipends, and other sup- port as the Director determines are necessary to carry out the purpose of this part. Any stipend or allowance provided under this section shall not be less than $3.00 per hour, except that (1) such stipend or allowance shall not be increased as a result of an amendment made to this sen- tence unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in question a number of participants to serve under this part at least equal to the number of such participants serving during the preceding fiscal year, and (2) in the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or al- lowance provided to the minimum hourly rate specified in this sentence, the Director shall in- crease the stipend or allowance to such amount as appropriations for such year permit con- sistent with clause (1) of this exception. In es- tablishing the amount of, and the effective date for, such adjustment, the Director, in consulta- tion with the State Commissions on National and Community Service (as established under section 12638 of this title) and the heads of the State offices established under section 12651f of this title, shall consider the effect such adjust- ment will have on the ability of non-federally funded volunteer programs similar to the pro- grams under this subchapter to maintain their current level of volunteer hours. (e) ‘‘Low-income person’’ and ‘‘person of low in- come’’ defined For purposes of this part, the terms ‘‘low-in- come person’’ and ‘‘person of low income’’ mean— (1) any person whose income is not more than 200 percent of the poverty line defined in section 9902(2) of this title and adjusted by the Director in the manner described in such sec- tion; and (2) any person whose income is not more than 100 percent of such poverty line, as so ad- justed and determined by the Director after taking into consideration existing poverty guidelines as appropriate to local situations. Persons described in paragraph (2) shall be given special consideration for participation in projects under this part. (f) Persons entitled to serve as volunteers; appli- cation of regulations to volunteers; equal treatment to all volunteers by recipients of grants; conditions of grants; use of funds; payment of costs (1)(A) Except as provided in subparagraph (B), individuals who are not low-income persons may serve as volunteers under this part, in accord- ance with such regulations as the Director shall issue, if such individuals serve without receiving any allowance, stipend, or other financial sup- port under this part except reimbursement for transportation, meals, and out-of-pocket ex- penses incident to serving under this part. (B) The regulations issued by the Director to carry out this part (other than any regulations relating to allowances, stipends, and other fi- nancial support authorized by subsection (d) to be paid under this part to low-income persons) shall apply to all volunteers under this part, without regard to whether such volunteers are eligible to receive a stipend under subsection (d). (2)(A) Except as provided in subparagraph (B), each recipient of a grant or contract to carry out a project under this part shall give equal treatment to all volunteers who participate in such project, without regard to whether such volunteers are eligible to receive a stipend under subsection (d). (B) An individual who is not a low-income per- son may not become a volunteer under this part if allowing such individual to become a volun- teer under this part would prevent a low-income individual from becoming a volunteer under this part or would displace a low-income person from being such a volunteer. (3) The Director may not take into consider- ation or require as a condition of receiving a grant or contract to carry out a project under this part, any applicant for such grant or con- tract— (A) to accept or recruit individuals who are not low-income persons to serve as volunteers under this part; or (B) to solicit locally generated contribu- tions, in cash or in kind, to support such indi- viduals. The Director may not coerce any applicant for, or recipient of, such grant or contract to engage in conduct described in subparagraph (A) or (B). Page 6275 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5011 (4) Funds appropriated to carry out this part may not be used to pay any cost, including any administrative cost, incurred in connection with volunteers under this part who do not receive a stipend under subsection (d). Such cost incurred with respect to a volunteer may be paid with— (A) funds received by the Director as unre- stricted gifts; (B) funds received by the Director as gifts to pay such cost; (C) funds contributed by such volunteer; or (D) locally generated contributions in excess of the amount required to be contributed under subsection (a), in the discretion of the recipient of a grant or contract under such subsection. (Pub. L. 93–113, title II, § 211, Oct. 1, 1973, 87 Stat. 402; Pub. L. 94–135, title II, § 205(b)(1), (2), Nov. 28, 1975, 89 Stat. 727; Pub. L. 94–293, § 7, May 27, 1976, 90 Stat. 526; Pub. L. 95–478, title IV, § 402(b), Oct. 18, 1978, 92 Stat. 1557; Pub. L. 97–35, title VI, § 608(b), Aug. 13, 1981, 95 Stat. 487; Pub. L. 98–288, § 14(c), May 21, 1984, 98 Stat. 192; Pub. L. 99–551, § 7(a)(1), Oct. 27, 1986, 100 Stat. 3074; Pub. L. 101–204, title V, §§ 503, 504, Dec. 7, 1989, 103 Stat. 1817; Pub. L. 103–82, title III, §§ 344, 345, Sept. 21, 1993, 107 Stat. 904, 905; Pub. L. 108–446, title III, § 305(k), Dec. 3, 2004, 118 Stat. 2806; Pub. L. 111–13, title II, § 2144, Apr. 21, 2009, 123 Stat. 1588.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (a), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified gen- erally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Head Start Act, referred to in subsec. (a), is sub- chapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. Section 3044b of this title, referred to in subsec. (a), related to grants and contracts for Foster Grandparent projects and for services as senior health aides and sen- ior companions, amount of award, method of payment, and exclusion as income of compensation to individual volunteers, was repealed by Pub. L. 93–113, title VI, § 604(a), Oct. 1, 1973, 87 Stat. 417, and is covered by this section and sections 5022 and 5058 of this title. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 2144(1), in first sen- tence, substituted ‘‘age 55’’ for ‘‘aged sixty’’ and ‘‘chil- dren having special or exceptional needs or cir- cumstances identified as limiting their academic, so- cial, or emotional development’’ for ‘‘children having exceptional needs’’, and, in second sentence, struck out ‘‘any of a variety of’’ before ‘‘other programs’’ and sub- stituted ‘‘children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development’’ for ‘‘children with special or exceptional needs’’. Subsec. (b)(1). Pub. L. 111–13, § 2144(2)(A)(i), which di- rected substitution of ‘‘may determine’’ for ‘‘ ‘shall have’ and all that follows through ‘(2) of the sub- section’ ’’ in introductory provisions, was executed by making the substitution for ‘‘shall have the exclusive authority to determine, pursuant to the provisions of paragraph (2) of this subsection’’ to reflect the probable intent of Congress. Subsec. (b)(1)(C). Pub. L. 111–13, § 2144(2)(A)(ii)–(iv), added subpar. (C). Subsec. (b)(2). Pub. L. 111–13, § 2144(2)(B), added par. (2) and struck out former par. (2) which read as follows: ‘‘In the event that such an agency or organization de- termines that it is in the best interests of a mentally retarded child receiving, and of a particular foster grandparent providing, services in such a project, such relationship may be continued after the child reaches the chronological age of 21: Provided, That such child was receiving such services prior to attaining the chronological age of 21. If the particular foster grand- parent subject to the determination under this para- graph becomes unavailable to serve after such deter- mination is made, the agency or organization may se- lect another foster grandparent.’’ Subsec. (d). Pub. L. 111–13, § 2144(3), substituted ‘‘$3.00 per hour, except’’ for ‘‘$2.45 per hour on and after Octo- ber 1, 1993, and shall be adjusted once prior to Decem- ber 31, 1997, to account for inflation, as determined by the Director and rounded to the nearest five cents, ex- cept’’. Subsec. (e)(1). Pub. L. 111–13, § 2144(4)(A), substituted ‘‘200 percent’’ for ‘‘125 per centum’’. Subsec. (e)(2). Pub. L. 111–13, § 2144(4)(B), substituted ‘‘percent’’ for ‘‘per centum’’. Subsec. (f)(1)(A). Pub. L. 111–13, § 2144(5)(A), sub- stituted ‘‘subparagraph (B)’’ for ‘‘subparagraphs (B) and (C)’’. Subsec. (f)(1)(C). Pub. L. 111–13, § 2144(5)(B), struck out subpar. (C) which read as follows: ‘‘Individuals who are not low-income persons may not serve as volunteers under this part in any community in which there are volunteers serving under part A of this subchapter un- less such individuals have been referred previously for possible placement as volunteers under part A of this subchapter and such placement did not occur.’’ 2004—Subsec. (a). Pub. L. 108–446 substituted ‘‘part C’’ for ‘‘part H’’ and ‘‘1431 et seq.’’ for ‘‘1471 et seq.’’. 1993—Subsec. (a). Pub. L. 103–82, § 344, struck out ‘‘, including services by individuals serving as ‘foster grandparents’ to children receiving care in hospitals, homes for dependent and neglected children, or other establishments providing care for children with special needs’’ after ‘‘having exceptional needs’’ in first sen- tence and inserted after first sentence ‘‘Such services may include services by individuals serving as foster grandparents to children who are individuals with dis- abilities, 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 H of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1471 et seq.), Head Start agencies under the Head Start Act, or any of a variety of other programs, establishments, and institutions providing services for children with special or exceptional needs. 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.’’ Subsec. (d). Pub. L. 103–82, § 345, in second sentence substituted ‘‘Any stipend or allowance provided under this section shall not be less than $2.45 per hour on and after October 1, 1993, and shall be adjusted once prior to December 31, 1997, to account for inflation, as deter- mined by the Director and rounded to the nearest five cents,’’ for ‘‘Any stipend or allowance provided under this subsection shall not be less than $2.20 per hour until October 1, 1990, $2.35 per hour during fiscal year 1991, and $2.50 per hour on and after October 1, 1992,’’ and inserted sentence at end relating to consideration of effect of adjustment on non-federally funded volun- teer programs. 1989—Subsec. (d). Pub. L. 101–204, § 503, inserted ‘‘until October 1, 1990, $2.35 per hour during fiscal year 1991, and $2.50 per hour on and after October 1, 1992’’ after ‘‘$2.20 per hour’’ in introductory provisions, substituted ‘‘such stipend or allowance shall not be increased as a result of an amendment made’’ for ‘‘no increase in the Page 6276 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5012 1 So in original. Probably should be ‘‘under’’. stipend of allowance shall be made pursuant’’ in cl. (1), and substituted ‘‘the minimum hourly rate specified in this sentence’’ for ‘‘$2.20 per hour’’ in cl. (2). Subsec. (f)(1)(C). Pub. L. 101–204, § 504(1), inserted be- fore period at end ‘‘unless such individuals have been referred previously for possible placement as volun- teers under part A of this subchapter and such place- ment did not occur’’. Subsec. (f)(3). Pub. L. 101–204, § 504(2), inserted ‘‘take into consideration or’’ after ‘‘may not’’, inserted ‘‘or recruit’’ after ‘‘accept’’ in subpar. (A), and inserted at end ‘‘The Director may not coerce any applicant for, or recipient of, such grant or contract to engage in con- duct described in subparagraph (A) or (B).’’ 1986—Subsec. (d). Pub. L. 99–551, § 7(a)(1)(A), inserted ‘‘low-income’’ after ‘‘may provide to’’. Subsec. (f). Pub. L. 99–551, § 7(a)(1)(B), added subsec. (f). 1984—Subsec. (a). Pub. L. 98–288, § 14(c)(1), substituted ‘‘the Director’’ for ‘‘he’’ in two places. Subsec. (b)(2). Pub. L. 98–288, § 14(c)(2), inserted at end ‘‘If the particular foster grandparent subject to the de- termination under this paragraph becomes unavailable to serve after such determination is made, the agency or organization may select another foster grand- parent.’’ Subsec. (d). Pub. L. 98–288, § 14(c)(3), substituted ‘‘the Director’’ for ‘‘he’’ in two places and ‘‘$2.20’’ for ‘‘$2’’ in two places. Subsec. (e). Pub. L. 98–288, § 14(c)(4), in amending sub- sec. (e) generally, substituted ‘‘poverty line defined in section 9902(2) of this title and adjusted by the Director in the manner described in such section’’ for ‘‘poverty line set forth in section 2971d of this title’’ and ‘‘any person whose income is not more than 100 per centum of such poverty line, as so adjusted and determined by the Director after taking into consideration existing poverty guidelines as appropriate to local situations’’ for ‘‘any person considered a poor or low-income person under section 5061(4) of this title’’. 1981—Subsecs. (b) to (f). Pub. L. 97–35, § 608(b), struck out subsec. (b) which related to service as senior health aides and senior companions, and redesignated subsecs. (c) to (f) as (b) to (e), respectively. 1978—Subsecs. (e), (f). Pub. L. 95–478 added subsecs. (e) and (f). 1976—Subsecs. (c), (d). Pub. L. 94–293 added subsecs. (c) and (d). 1975—Subsec. (a). Pub. L. 94–135, § 205(b)(1), sub- stituted ‘‘individuals’’ for ‘‘volunteers’’ where appear- ing first and third places and struck out ‘‘serve as vol- unteers to’’ before ‘‘provide supportive person-to-per- son services’’. Subsec. (b). Pub. L. 94–135, § 205(b)(2), substituted ‘‘in- dividuals’’ for ‘‘volunteers’’. 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. Pub. L. 99–551, § 7(a)(2), Oct. 27, 1986, 100 Stat. 3075, provided that: ‘‘Section 211(f)(3) of the Domestic Volun- teer Service Act of 1973 [subsec. (f)(3) of this section], as added by paragraph (1), shall apply with respect to grants and contracts made under section 211(a) of such Act before the date of the enactment of this Act [Oct. 27, 1986].’’ 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. § 5012. Repealed. Pub. L. 103–82, title III, § 346, Sept. 21, 1993, 107 Stat. 905 Section, Pub. L. 93–113, title II, § 212, Oct. 1, 1973, 87 Stat. 402; Pub. L. 94–135, title II, § 205(b)(3), Nov. 28, 1975, 89 Stat. 727; Pub. L. 95–478, title IV, § 402(c), Oct. 18, 1978, 92 Stat. 1557; Pub. L. 101–204, title IX, § 902(4), Dec. 7, 1989, 103 Stat. 1826, set forth conditions of grants and contracts and defined ‘‘community action agency’’. 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. PART C—SENIOR COMPANION PROGRAM § 5013. Grants and contracts for volunteer serv- ice projects (a) Costs of project development and operation 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 in the same manner as provided in section 5011(a) of this title) de- signed for the purpose of providing opportunities for low-income persons age 55 or older to serve as ‘‘senior companions’’ to persons with excep- tional needs. Senior companions may provide services designed to help older persons requiring long-term care, including services to persons re- ceiving home health care, nursing care, home- delivered meals or other nutrition services; serv- ices designed to help persons deinstitutionalized from mental hospitals, nursing homes, and other institutions; and services designed to assist per- sons having developmental disabilities and other special needs for companionship. (b) Application of other laws Subsections (d), (e), and (f) of section 5011 of this title, and such other provisions of part B as the Director determines to be necessary, shall apply to this part, except that for purposes of this part any reference in such subsections and such provisions to part B shall be deemed to be a reference to this part. (c) Senior companion projects to assist home- bound elderly (1) The Director is authorized to make grants or contracts after 1 subsection (a) for senior companion projects to assist homebound elderly individuals to remain in their own homes and to enable institutionalized elderly individuals to return to home care settings. (2)(A) The Director is authorized to recruit, subject to subparagraph (B), senior companion volunteer trainers who on the basis of experi- ence (such as, doctors, nurses, home economists, social workers) will be used to train senior com- panion volunteers to participate in and monitor

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1431 — Findings and policy

**(a) Findings** Congress finds that there is an urgent and substantial need— (1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life; (2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age; (3) to maximize the potential for individuals with disabilities to live independently in society; (4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and (5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care. **(b) Policy** It is the policy of the United States to provide financial assistance to States— (1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families; (2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and (4) to encourage States to expand opportunities for children under 3 years of age who would be at risk

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1431

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1431 — Findings and policy

Page 986 TITLE 20—EDUCATION § 1431 by States to local educational agencies and inter- mediate educational units, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec- tive Oct. 1, 1997. Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13, 1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8, 1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment and operation of regional and Federal resource centers. Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13, 1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8, 1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct. 30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3), Oct. 20, 1994, 108 Stat. 4023, related to services for deaf- blind children and youth. Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8, 1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title IX, § 901(b)(100)–(106), Oct. 30

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1431

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1471 — Purposes

The purposes of this part are to ensure that— (1) children with disabilities and their parents receive training and information designed to assist the children in meeting developmental and functional goals and challenging academic achievement goals, and in preparing to lead productive independent adult lives; (2) children with disabilities and their parents receive training and information on their rights, responsibilities, and protections under this chapter, in order to develop the skills necessary to cooperatively and effectively participate in planning and decision making relating to early intervention, educational, and transitional services; (3) parents, teachers, administrators, early intervention personnel, related services personnel, and transition personnel receive coordinated and accessible technical assistance and information to assist such personnel in improving early intervention, educational, and transitional services and results for children with disabilities and their families; and (4) appropriate technology and media are researched, developed, and demonstrated, to improve and implement early intervention, educational, and transitional services and results for children with disabilities and their families.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1471

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1471 — Parent training and information centers

Page 1015 TITLE 20—EDUCATION § 1471 this title) such sums as may be necessary for each of the fiscal years 2005 through 2010. (b) Reservation From amounts appropriated under subsection (a) for fiscal year 2005, the Secretary shall re- serve $1,000,000 to carry out the study authorized in section 1464(c) of this title. From amounts ap- propriated under subsection (a) for a succeeding fiscal year, the Secretary may reserve an addi- tional amount to carry out such study if the Secretary determines the additional amount is necessary. (Pub. L. 91–230, title VI, § 667, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2787.) PART C—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES § 1470. Purposes The purposes of this part are to ensure that— (1) children with disabilities and their par- ents receive training and information designed to assist the children in meeting develop- mental and functional goals and challenging academic achievement goals, and in preparing to lead productive independent adult lives; (2) children with disabilities and their par- ents receive training and information on their rights, responsibilities, and protections under this chapter, in order to develop the skills nec- essary to cooperatively and effectively partici- pate in planning and decision making relating to early intervention, educational, and transi- tional services; (3) parents, teachers, administrators, early intervention personnel, related services per- sonnel, and transition personnel receive co- ordinated and accessible technical assistance and information to assist such personnel in improving early intervention, educational, and transitional services and results for chil- dren with disabilities and their families; and (4) appropriate te

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1471

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12651 — Criminal history checks

**(a) In general** Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals. **(b) Requirements** A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include— (1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 11 See References in Text note below. and (2) (A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or (B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. **(c) Eligibility prohibition** An individual shall be ineligible to serve in a position described under subsection (a) if such individual— (1) refuses to consent to the criminal history check described in subsection (b); (2) makes a false statement in connection with such criminal history check; (3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 1 or (4) has b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12651 — Corporation for National and Commu-

Page 8386 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651 (A) serves in a position in which the indi- vidual receives a living allowance, stipend, national service educational award, or sal- ary through a program receiving assistance under the national service laws; and (B) as a result of such individual’s service in such position, has or will have access, on a recurring basis, to— (i) children age 17 years or younger; (ii) individuals age 60 years or older; or (iii) individuals with disabilities. (3) Exceptions The provisions of this subsection shall not apply to an entity— (A) where the service provided by individ- uals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period; (B) where the cost to the entity of com- plying with this subsection is prohibitive; (C) where the entity is not authorized, or is otherwise unable, under State law, to ac- cess the national criminal history back- ground check system of the Federal Bureau of Investigation; (D) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history back- ground check system of the Federal Bureau of Investigation; or (E) to which the Corporation otherwise provides an exemption from this subsection for good cause. (Pub. L. 101–610, title I, § 189D, as added and amended Pub. L. 111–13, title I, §§ 1612, 1614(a), Apr. 21, 2009, 123 Stat. 1540, 1541.) Editorial Notes REFERENCES IN TEXT The Adam Walsh Child Protection and Safety Act of 2006, referred to in subsecs. (b)(1), (c)(3), and (d)(1)(A), is Pub. L. 109–248, July 27, 2006, 120 Stat. 587, which was classified principally to chapter 151 (§ 16901 et seq.) of this title, prior to editorial reclassification

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12651

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3021 — Purpose and program

**(a) Congressional declaration of purpose** (1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to— (A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services; (B) remove individual and social barriers to economic and personal independence for older individuals; (C) provide a continuum of care for vulnerable older individuals; (D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (E) measure impacts related to social determinants of health of older individuals. (2) The persons referred to in paragraph (1) include— (A) State agencies and area agencies on aging; (B) other State agencies, including agencies that administer home and community care programs; (C) Indian tribes, tribal organizations, and Native Hawaiian organizations; (D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers; (E) organizations representing or employing older individuals or their families; and (F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3021

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3021 — Purpose and program

Page 5713 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3021 of’’ after ‘‘appropriated for’’ and substituted ‘‘2001, 2002, 2003, 2004, and 2005’’ for ‘‘1992, 1993, 1994, and 1995.’’ Subsecs. (b), (c). Pub. L. 106–501, § 205(2), added sub- secs. (b) and (c) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘There are au- thorized to be appropriated for salaries and expenses of the Administration on Aging— ‘‘(1) $17,000,000 for fiscal year 1992, $20,000,000 for fis- cal year 1993, $24,000,000 for fiscal year 1994, and $29,000,000 for fiscal year 1995; and ‘‘(2) such additional sums as may be necessary for each such fiscal year to enable the Assistant Sec- retary to provide for not fewer than 300 full-time em- ployees (or the equivalent thereof) in the Administra- tion on Aging.’’ 1993—Subsec. (b)(2). Pub. L. 103–171 substituted ‘‘As- sistant Secretary’’ for ‘‘Commissioner’’. § 3020g. National Technical Assistance Center on Grandfamilies and Kinship Families (a) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $10,000,000, to remain available through September 30, 2025, for the Secretary, acting through the Administrator of the Administra- tion for Community Living, to establish, di- rectly or through grants or contracts, a Na- tional Technical Assistance Center on Grandfamilies and Kinship Families (in this sec- tion referred to as the ‘‘Center’’) to provide training, technical assistance, and resources for government programs, nonprofit and other com- munity-based organizations, and Indian Tribes, Tribal organizations, and urban Indian organiza- tions, that serve grandf

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3021

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3045 — Untitled legal text

Page 5788 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 3045 to 3045i Section 3044d, Pub. L. 89–73, title VI, § 613, as added Pub. L. 91–69, § 9, Sept. 17, 1969, 83 Stat. 113; amended Pub. L. 93–29, title VI, § 603(c), May 3, 1973, 87 Stat. 55, related to interagency cooperation. Section 3044e, Pub. L. 89–73, title VI, § 614, as added Pub. L. 91–69, § 9, Sept. 17, 1969, 83 Stat. 114; amended Pub. L. 93–29, title VI, § 604, May 3, 1973, 87 Stat. 55, re- lated to authorization of appropriations. SUBCHAPTER VII—NUTRITION PROGRAM FOR THE ELDERLY §§ 3045 to 3045i. Repealed. Pub. L. 95–478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558 Section 3045, Pub. L. 89–73, title VII, § 701, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 88, stated Con- gressional findings and declaration of policy. Section 3045a, Pub. L. 89–73, title VII, § 702, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 89; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 93–644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, related to administration of program. See section 3021(b) of this title. Section 3045b, Pub. L. 89–73, title VII, § 703, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 90; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 94–135, title I, § 114(i), (j), Nov. 28, 1975, 89 Stat. 726, related to allotment of funds. See section 3024 of this title. Section 3045c, Pub. L. 89–73, title VII, § 704, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57, related to payment of grants. See section 3029(a) of this title. Section 3045d, Pub. L. 89–73, title VII, § 705, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3045

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5000 — Authority of Director

**(a) In general** The Director is authorized to make grants to or enter into contracts with public or nonprofit organizations, including organizations funded under part A, B, or C, for the purposes of demonstrating innovative activities involving older Americans as volunteers. The Director may support under this part both volunteers receiving stipends and volunteers not receiving stipends. **(b) Activities** An organization that receives a grant or enters into a contract under subsection (a) may use funds made available through the grant or contract for activities such as— (1) linking youth groups and older American organizations in volunteer activities; (2) involving older volunteers in programs and activities different from programs and activities supported in the community; and (3) testing whether older American volunteer programs may contribute to new objectives or certain national priorities.

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