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42 U.S.C. § 5011 — Grants and contracts for individual serv-
Federal law — U.S. Code and appendices · legal_authorities
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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
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
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
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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
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
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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5000
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