42 U.S.C. § 4953 — Selection and assignment of volunteers

Page 6258 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4952 Pub. L. 103–82, title III, § 321, Sept. 21, 1993, 107 Stat. 899; Pub. L. 111–13, title II, § 2101, Apr. 21, 2009, 123 Stat. 1581.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–13 substituted in second sentence ‘‘increase opportunities for self-advancement by per- sons affected by such problems.’’ for ‘‘exploit opportu- nities for self-advancement by persons afflicted with such problems.’’ and in third sentence ‘‘at the local level, to support efforts by local agencies and commu- nity organizations to achieve long-term sustainability of projects, and to strengthen local agencies and com- munity organizations to carry out the objectives of this part.’’ for ‘‘at the local level, and to strengthen local agencies and organizations to carry out the pur- pose of this part.’’ 1993—Pub. L. 103–82 amended last sentence generally. Prior to amendment last sentence read as follows: ‘‘In addition the objective of this part is to generate the commitment of private sector resources and to encour- age volunteer service at the local level to carry out the purposes set forth in this section.’’ 1984—Pub. L. 98–288, in second sentence, inserted ‘‘and alleviate’’ after ‘‘eliminate’’, struck out ‘‘human, so- cial, and environmental’’ after ‘‘poverty-related’’, in- serted ‘‘, all geographical areas,’’ after ‘‘all walks of life’’ and ‘‘low-income individuals,’’ before ‘‘elderly’’, and inserted at end ‘‘In addition the objective of this part is to generate the commitment of private sector resources and to encourage volunteer service at the local level to carry out the purposes set forth in this section.’’ 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 Pub. L. 103–82, title III, § 392, Sept. 21, 1993, 107 Stat. 917, provided that: ‘‘This subtitle [subtitle B (§§ 311–392) of title III of Pub. L. 103–82, enacting sections 5028, 5028a, and 5065 of this title, amending this section, sec- tions 4952 to 4955, 4957, 4959, 4960, 4971 to 4973, 4992, 4993, 5000, 5001, 5011, 5013, 5021, 5024 to 5026, 5041 to 5044, 5055, 5057, 5062, 5081, 5082, and 5084 of this title, and sections 8143, 8332, 8334, 8411, and 8422 of Title 5, Government Or- ganization and Employees, repealing sections 4974, 4994, 5012, 5047, 5060, and 5091 to 5091n of this title, enacting provisions set out as notes under sections 4950 and 4952 of this title and section 8332 of Title 5, and amending provisions set out as notes under sections 4950 and 5001 of this title] shall become effective on October 1, 1993.’’ § 4952. Authority to operate VISTA program This part shall be administered by one of the Assistant Directors appointed pursuant to sec- tion 12651e(d)(1)(A) of this title. Such Director may recruit, select, and train persons to serve in full-time volunteer programs consistent with the provisions and to carry out the purpose of this part. (Pub. L. 93–113, title I, § 102, Oct. 1, 1973, 87 Stat. 396; Pub. L. 98–288, § 3, May 21, 1984, 98 Stat. 189; Pub. L. 101–204, title I, § 101(d)(1), Dec. 7, 1989, 103 Stat. 1811; Pub. L. 103–82, title III, § 322(a), Sept. 21, 1993, 107 Stat. 899.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–82 substituted ‘‘This part shall be administered by one of the Assistant Directors ap- pointed pursuant to section 12651e(d)(1)(A) of this title. Such Director’’ for ‘‘The Director’’. 1989—Pub. L. 101–204 struck out subsec. (a) designa- tion before ‘‘The Director may’’, struck out subsec. (b) which related to replacement of applicants who become unavailable for service, and struck out subsec. (c) which related to age quotas. 1984—Subsec. (a). Pub. L. 98–288 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–82, title III, § 322(b), Sept. 21, 1993, 107 Stat. 899, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the effective date of section 203(b).’’ [Section 203(b) of Pub. L. 103–82 is effective 18 months after Sept. 21, 1993, or on such earlier date as the President shall de- termine to be appropriate and announce by proclama- tion in the Federal Register, see section 203(d) of Pub. L. 103–82, set out as a note under section 12651 of this title.] § 4953. Selection and assignment of volunteers (a) Covered projects and programs The Director, on the receipt of applications by public or nonprofit private organizations to re- ceive volunteers under this part, may assign vol- unteers selected under subsection (b) to work in appropriate projects and programs sponsored by such organizations, including work— (1) in meeting the health, education, welfare, or related needs of Indians living on reserva- tions or Federal trust lands, of migratory and seasonal farmworkers and their families, and of residents of the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Commonwealth of the North- ern Mariana Islands, or the Virgin Islands; (2) in the care and rehabilitation of mentally ill, developmentally disabled, and other indi- viduals with disabilities, especially individ- uals with severe disabilities; (3) in addressing the problems of the home- less, unemployed individuals, and low-income youths; (4) in addressing the special needs connected with alcohol and drug abuse through preven- tion, education, rehabilitation, treatment, and related activities, consistent with the purpose of this part; (5) in addressing significant health care problems, including mental illness, chronic and life-threatening illnesses, and health care for homeless individuals (especially homeless children) through prevention, treatment, and community-based care activities; (6) in connection with programs or activities authorized, supported, or of a character eligi- ble for assistance under this chapter or the Community Service Block Grant Act [42 U.S.C. 9901 et seq.], titles VIII and X of the Economic Opportunity Act of 1964 [42 U.S.C. 2991 et seq., 2996 et seq.], the Head Start Act [42 U.S.C. 9831 et seq.], the Community Eco- nomic Development Act of 1981 [42 U.S.C. 9801 et seq.], or other similar Acts, in furtherance of the purpose of this subchapter; (7) in strengthening, supplementing, and ex- panding efforts to address the problem of illit- eracy throughout the United States; Page 6259 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4953 1 So in original. Probably should be paragraph ‘‘(5)’’. 2 So in original. Probably should be ‘‘the Corporation)’’. (8) in assisting with the reentry and re- integration of formerly incarcerated youth and adults into society, including providing training and counseling in education, employ- ment, and life skills; (9) in developing and carrying out financial literacy, financial planning, budgeting, saving, and reputable credit accessibility programs in low-income communities, including those pro- grams that educate individuals about financ- ing home ownership and higher education; (10) in initiating and supporting before- school and after-school programs, serving chil- dren in low-income communities, that may en- gage participants in mentoring, tutoring, life skills and study skills programs, service-learn- ing, physical, nutrition, and health education programs, and other activities addressing the needs of the children; (11) in establishing and supporting commu- nity economic development initiatives, with a priority on work on such initiatives in rural areas and the other areas where such initia- tives are needed most; (12) in assisting veterans and their family members through establishing or augmenting programs that assist such persons with access to legal assistance, health care (including mental health care), employment counseling or training, education counseling or training, affordable housing, and other support services; and (13) in addressing the health and wellness of individuals in low-income communities and individuals in underserved communities, in- cluding programs to increase access to preven- tive services, insurance, and health services. (b) Recruitment and placement procedures for local and national placement of volunteers; establishment, requirements, etc. (1) The Director shall establish placement pro- cedures that involve sponsoring organizations and that offer opportunities for both local and national placement of volunteers for service under this part. (2)(A) The Director shall establish and main- tain within the national headquarters of the Corporation (or any successor entity of such agency) a volunteer placement office which shall be responsible for all functions related to the recruitment and placement of volunteers under this part. Such functions and activities shall be carried out in coordination or in con- junction with recruitment and placement activi- ties carried out under the National and Commu- nity Service Act of 1990 [42 U.S.C. 12501 et seq.]. (B) Such volunteer placement office shall de- velop, operate, and maintain a current and com- prehensive database that provides information— (i) to individuals, with respect to specific op- portunities for service as a volunteer with ap- proved projects or programs to which no vol- unteer has been assigned; and (ii) to approved projects or programs, with respect to the availability of individuals whose applications for service as a volunteer have been approved and who are awaiting an assignment with a specific project or program. (C) The Director shall assign or hire as nec- essary, such additional national, regional, and State personnel to carry out the functions de- scribed in this subsection and subsection (c) as may be necessary to ensure that such functions are carried out in a timely and effective manner. The Director shall give priority in the hiring of such additional personnel to individuals who have formerly served as volunteers under this part and to individuals who have specialized ex- perience in the recruitment and management of volunteers. (3) Volunteers shall be selected from among qualified individuals submitting an application for such service at such time, in such form, and containing such information as may be nec- essary to evaluate the suitability of each indi- vidual for such service and to determine, in ac- cordance with paragraph (7),1 the most appro- priate assignment for each such volunteer. The Director shall approve the application of each individual who applies in conformance with this subsection and who, on the basis of the informa- tion provided in the application, is determined by the Director to be qualified to serve as a vol- unteer under this part. (4) The Director shall ensure that applications for service as a volunteer under this part are available to the public on request to the Cor- poration (including any State or regional offices of the Agency) 2 and that an individual making such request is informed of the manner in which such application is required to be submitted. A completed application may be submitted by any interested individual to, and shall be accepted by, any office of the Corporation. (5)(A) The Director shall provide for the as- signment of each applicant approved as a volun- teer under this part to a project or program that is, to the maximum extent practicable, con- sistent with the abilities, experiences, and pref- erences of such applicant that are set forth in the application described in paragraph (4) and the needs and preferences of projects or pro- grams approved for the assignment of such vol- unteers. (B) In carrying out subparagraph (A), the Di- rector shall utilize the database established under paragraph (2)(B). (C) A sponsoring organization of VISTA may recruit volunteers for service under this part. The Director shall give a locally recruited vol- unteer priority for placement in the sponsoring organization of VISTA that recruited such vol- unteer. (D) A volunteer under this part shall not be as- signed to any project or program without the ex- press approval and consent of such project or program. (E) If an applicant under this part who is re- cruited locally becomes unavailable for service prior to the commencement of service, the re- cipient of the project grant or contract that was designated to receive the services of such appli- cant may replace such applicant with another qualified applicant approved by the Director. (F) If feasible and appropriate, low-income community volunteers shall be given the option of serving in the home communities of such vol- unteers in teams with nationally recruited spe- Page 6260 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4953 cialist volunteers. The Director shall attempt to assign such volunteers to serve in the home or nearby communities of such volunteers and shall make national efforts to attract other in- dividuals to serve in the VISTA program. The Director shall also, in the assignment of volun- teers under this subparagraph, recognize that community-identified needs that cannot be met in the local area and the individual desires of VISTA volunteers in regard to the service in various geographical areas of the United States should be taken into consideration. (c) Public awareness and recruit activities; dis- semination of information; reimbursement of costs; coordination; obligation of funds (1) The Director, in conjunction with the per- sonnel described in subsection (b)(2)(C), shall en- gage in public awareness and recruitment activi- ties. Such activities may include— (A) public service announcements through the Internet and related technologies, radio, television, and the print media; (B) advertising through the Internet and re- lated technologies, print media, direct mail, and other means; (C) disseminating information about oppor- tunities for service as a volunteer under this part to relevant entities including institutions of higher education and other educational in- stitutions (including libraries), professional associations, community-based agencies, youth service and volunteer organizations, business organizations, labor unions, senior citizens organizations, State or local offices of economic development, State employment se- curity agencies, employment offices, and other institutions and organizations from or through which potential volunteers may be re- cruited; (D) disseminating such information through presentations made personally by employees of the Corporation or other designees of the Director, to students and faculty at institu- tions of higher education and to other entities described in subparagraph (C), including pres- entations made at the facilities, conventions, or other meetings of such entities; (E) publicizing the student loan deferment and forgiveness opportunities available to VISTA volunteers under parts B and E of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 1087aa et seq.] and includ- ing such information in all applications and recruitment materials; (F) publicizing national service educational awards available under the National and Com- munity Service Act of 1990 [42 U.S.C. 12501 et seq.]; (G) providing, on request, technical assist- ance with the recruitment of volunteers under this part to programs and projects receiving assistance under this part; and (H) maintaining and publicizing a national toll-free telephone number through which in- dividuals may obtain information about op- portunities for service as a volunteer under this part and request and receive an applica- tion for such service. (2) In designing and implementing the activi- ties authorized under this section, the Director shall seek to involve individuals who have for- merly served as volunteers under this part to as- sist in the dissemination of information con- cerning the program established under this part. The Director may reimburse the costs incurred by such former volunteers for such participa- tion, including expenses incurred for travel. (3) The Director shall consult with the Direc- tor of the Peace Corps to coordinate the recruit- ment and public awareness activities carried out under this subsection with those of the Peace Corps and to develop joint procedures and ac- tivities for the recruitment of volunteers to serve under this part. (d) Provision of plans to volunteers for job ad- vancement; coordination with private indus- try councils or local workforce investment boards The Director shall provide each low-income community volunteer with an individual plan for job advancement or for transition to a situa- tion leading to gainful employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 3122 of title 29. (e) Educational and vocational counseling for volunteers; Director to provide The Director may provide or arrange for edu- cational and vocational counseling of volunteers and recent former volunteers under this part to (1) encourage them to use, in the national inter- est, the skills and experience which they have derived from their training and service, particu- larly working in combating poverty as members of the helping professions, and (2) promote the development of appropriate opportunities for the use of such skills and experience, and the placement therein of such volunteers. (f) Terms and conditions; restrictions on political activities; place of service Except as provided in subsection (e), the as- signment of volunteers under this section shall be on such terms and conditions (including re- strictions on political activities that appro- priately recognize the special status of volun- teers living among the persons or groups served by programs to which they have been assigned) as the Director may determine, including work assignments in their own or nearby commu- nities. (g) Program or project submittal to Governor; commencement and termination of service Volunteers under this part shall not be as- signed to work in a program or project in any community unless the application for such pro- gram or project contains evidence of local sup- port and has been submitted to the Governor or other chief executive officer of the State con- cerned. In the event of a timely request in writ- ing, supported by a statement of reasons, by the Governor or other chief executive officer of the State concerned, the Director shall terminate a program or project or the assignment of a volun- teer to a program or project not later than 30 days after the date such request is received by the Director, or at such later date as is agreed upon by the Director and such Governor or other chief executive officer. Page 6261 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4953 (h) Interagency agreements The Director is encouraged to enter into agreements with other Federal agencies to use VISTA volunteers in furtherance of program ob- jectives that are consistent with the purposes described in section 4951 of this title. (i) Agreements with nonprofit organizations The Director may enter into agreements under which public and private nonprofit organiza- tions, with sufficient financial capacity and size, pay for all or a portion of the costs of supporting the service of volunteers under this part. (Pub. L. 93–113, title I, § 103, Oct. 1, 1973, 87 Stat. 396; Pub. L. 96–143, § 2, Dec. 13, 1979, 93 Stat. 1074; Pub. L. 98–288, § 4(a)–(c)(1), (d), May 21, 1984, 98 Stat. 189, 190; Pub. L. 99–551, § 3(a), Oct. 27, 1986, 100 Stat. 3071; Pub. L. 101–204, title I, § 101(a), (b), (d)(2), title VII, § 701, Dec. 7, 1989, 103 Stat. 1807, 1809, 1811, 1820; Pub. L. 103–82, title III, § 323, title IV, § 405(a)(2)–(4), Sept. 21, 1993, 107 Stat. 899, 920; Pub. L. 103–304, § 3(b)(7), (8), Aug. 23, 1994, 108 Stat. 1568; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(36)(A), (f)(28)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434; Pub. L. 111–13, title II, § 2102, Apr. 21, 2009, 123 Stat. 1582; Pub. L. 113–128, title V, § 512(h), July 22, 2014, 128 Stat. 1708.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(6), was in the original ‘‘this Act’’, meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. The Community Service Block Grant Act, referred to in subsec. (a)(6), probably means the Community Serv- ices Block Grant Act, which is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 9901 of this title and Tables. The Economic Opportunity Act of 1964, referred to in subsec. (a)(6), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.), respectively, of chapter 34 of this title. For complete classification of this Act to the Code, see Tables. The Head Start Act, referred to in subsec. (a)(6), is subchapter 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 classi- fication of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. The Community Economic Development Act of 1981, referred to in subsec. (a)(6), is subchapter A (§§ 611–633) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 489, which is classified generally to subchapter I (§ 9801 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. The National and Community Service Act of 1990, re- ferred to in subsecs. (b)(2)(A) and (c)(1)(F), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§ 12501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (c)(1)(E), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B and E of title IV of the Higher Education Act of 1965 are classified to parts B (§ 1071 et seq.) and E (§ 1087aa et seq.), respectively, of subchapter IV of chap- ter 28 of Title 20, Education. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. AMENDMENTS 2014—Subsec. (d). Pub. L. 113–128 substituted ‘‘em- ployment. Whenever feasible, such efforts shall be co- ordinated with an appropriate local workforce develop- ment board established under section 3122 of title 29.’’ for ‘‘employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce in- vestment board established under section 2832 of title 29.’’ 2009—Subsec. (a)(1). Pub. L. 111–13, § 2102(1)(A), in- serted ‘‘the Commonwealth of the Northern Mariana Is- lands,’’ after ‘‘American Samoa,’’. Subsec. (a)(2). Pub. L. 111–13, § 2102(1)(B), substituted ‘‘individuals with disabilities, especially individuals with severe disabilities;’’ for ‘‘handicapped individuals, especially those with severe handicaps;’’. Subsec. (a)(3). Pub. L. 111–13, § 2102(1)(C), substituted ‘‘unemployed individuals,’’ for ‘‘the jobless, the hun- gry,’’. Subsec. (a)(4). Pub. L. 111–13, § 2102(1)(D), substituted ‘‘through prevention, education, rehabilitation, treat- ment,’’ for ‘‘prevention, education,’’. Subsec. (a)(5). Pub. L. 111–13, § 2102(1)(E), substituted ‘‘mental illness, chronic and life-threatening illnesses,’’ for ‘‘chronic and life-threatening illnesses’’. Subsec. (a)(6). Pub. L. 111–13, § 2102(1)(F)(i), which di- rected substitution of ‘‘Head Start Act’’ for ‘‘Headstart act’’, was executed by making the substitution for ‘‘Headstart Act’’ to reflect the probable intent of Con- gress. Subsec. (a)(8) to (13). Pub. L. 111–13, § 2102(1)(F)(ii)–(H), added pars. (8) to (13). Subsec. (b)(1). Pub. L. 111–13, § 2102(2)(A), substituted ‘‘placement procedures that involve sponsoring organi- zations and’’ for ‘‘recruitment and placement proce- dures’’. Subsec. (b)(2)(A). Pub. L. 111–13, § 2102(2)(B)(i), sub- stituted ‘‘Community Service Act of 1990.’’ for ‘‘Com- munity Service Trust Act of 1993. Upon the transfer of the functions of the ACTION Agency to the Corpora- tion for National and Community Service, the office es- tablished under this subparagraph shall be merged with the recruitment office of such Corporation. At no time after such transfer of functions shall more than one of- fice responsible primarily for recruitment exist within the Corporation.’’ Subsec. (b)(2)(B). Pub. L. 111–13, § 2102(2)(B)(ii), sub- stituted ‘‘database that provides’’ for ‘‘central informa- tion system that shall, on request, promptly provide’’ in introductory provisions. Subsec. (b)(2)(C). Pub. L. 111–13, § 2102(2)(B)(iii), in- serted ‘‘and management’’ after ‘‘the recruitment’’ in second sentence. Subsec. (b)(5)(B). Pub. L. 111–13, § 2102(2)(C), sub- stituted ‘‘database’’ for ‘‘information system’’. Subsec. (c)(1)(A). Pub. L. 111–13, § 2102(3)(A)(i), in- serted ‘‘the Internet and related technologies,’’ before ‘‘radio,’’. Subsec. (c)(1)(B). Pub. L. 111–13, § 2102(3)(A)(ii), in- serted ‘‘Internet and related technologies,’’ before ‘‘print media,’’. Subsec. (c)(1)(C). Pub. L. 111–13, § 2102(3)(A)(iii), in- serted ‘‘State or local offices of economic development, State employment security agencies, employment of- fices,’’ before ‘‘and other institutions’’. Subsec. (c)(1)(F). Pub. L. 111–13, § 2102(3)(A)(iv), sub- stituted ‘‘Community Service Act of 1990’’ for ‘‘Commu- nity Service Trust Act of 1993’’. Subsec. (c)(4). Pub. L. 111–13, § 2102(3)(B), struck out par. (4) which read as follows: ‘‘Beginning in fiscal year 1991 and for each fiscal year thereafter, for the purpose Page 6262 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4953 of carrying out this subsection, the Director shall obli- gate not less than 1.5 percent of the amounts appro- priated for each fiscal year under section 5081(a) of this title.’’ Subsec. (d). Pub. L. 111–13, § 2102(4), struck out ‘‘pri- vate industry council established under the Job Train- ing Partnership Act or’’ after ‘‘coordinated with an ap- propriate’’. See 1998 Amendment note below. Subsec. (g). Pub. L. 111–13, § 2102(5), struck out ‘‘, and such Governor or other chief executive officer has not, within 45 days of the date of such submission, notified the Director in writing, supported by a statement of reasons, that such Governor or other chief executive of- ficer disapproves such program or project’’ before pe- riod at end of first sentence. Subsec. (i). Pub. L. 111–13, § 2102(6), added subsec. (i). 1998—Subsec. (d). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(28)(A)], which directed amendment of the second sentence to read ‘‘private industry council established under the Job Training Partnership Act or’’, was not executed, to reflect the probable intent of Congress and subsequent amendment by Pub. L. 111–13, § 2102(4). Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(36)(A)], sub- stituted ‘‘Whenever feasible, such efforts shall be co- ordinated with an appropriate private industry council established under the Job Training Partnership Act or local workforce investment board established under section 2832 of title 29.’’ for ‘‘Whenever feasible, such ef- forts shall be coordinated with an appropriate private industry council under the Job Training Partnership Act.’’ 1994—Subsec. (b)(5), (6). Pub. L. 103–304, § 3(b)(7), redes- ignated par. (6) as (5). Subsec. (c)(1)(F). Pub. L. 103–304, § 3(b)(8), realigned margin. 1993—Subsec. (a). Pub. L. 103–82, § 323(a)(1), sub- stituted ‘‘public’’ for ‘‘a public’’ in introductory provi- sions. Subsec. (a)(2). Pub. L. 103–82, § 323(a)(2), directed amendment of par. (2) by striking ‘‘and’’ at end. See 1984 Amendment note below. Subsec. (a)(3). Pub. L. 103–82, § 323(a)(3), struck out ‘‘illiterate or functionally illiterate youth and other individuals,’’ after ‘‘the hungry,’’. Subsec. (a)(5). Pub. L. 103–82, § 323(a)(4), struck out ‘‘and’’ at end. Subsec. (a)(6). Pub. L. 103–82, § 323(a)(5), struck out ‘‘or’’ before ‘‘the Community Economic’’, inserted ‘‘or other similar Acts,’’ before ‘‘in furtherance of’’, and substituted ‘‘; and’’ for period at end. Subsec. (a)(7). Pub. L. 103–82, § 323(a)(6), added par. (7). Subsec. (b)(2)(A). Pub. L. 103–82, § 405(a)(2), sub- stituted ‘‘the Corporation (or any’’ for ‘‘the ACTION Agency (or any’’. Pub. L. 103–82, § 323(b)(1)(A), amended subpar. (A) gen- erally. Prior to amendment, subpar. (A) read as follows: ‘‘The Director shall establish and maintain within the national headquarters of the ACTION Agency a volun- teer placement office. The office shall be headed by an individual designated by the Director to be the na- tional Administrator of Recruitment and Placement, who shall be responsible for carrying out the functions described in this subsection and subsection (c) and all other functions delegated by the Director relating to the recruitment and placement of volunteers under this part.’’ Subsec. (b)(2)(C), (D). Pub. L. 103–82, § 323(b)(1)(B), (C), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘The Director shall, at a minimum, designate one employee of the ACTION Agency in each region of the United States whose pri- mary duties and responsibilities shall be to assist the Administrator in carrying out the functions described in this subsection and subsection (c).’’ Subsec. (b)(4). Pub. L. 103–82, § 405(a)(3), substituted ‘‘the Corporation’’ for ‘‘the ACTION Agency’’ in two places. Pub. L. 103–82, § 323(b)(2), (3), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘Each application for service as a volunteer under this part shall— ‘‘(A) indicate the period of time during which the applicant is available to serve as a volunteer under this part; ‘‘(B) describe the previous education, training, mili- tary and work experience, and any other relevant skills or interests of the applicant; ‘‘(C) specify the State or geographic region in which the applicant prefers to be assigned; and ‘‘(D) specify— ‘‘(i) the type of project or program to which the applicant prefers to be assigned; or ‘‘(ii) the particular project or program to which the applicant prefers to be assigned.’’ Subsec. (b)(5) to (7). Pub. L. 103–82, § 323(b)(2), (3), re- designated pars. (5) and (7) as (4) and (6), respectively, and struck out former par. (6) which read as follows: ‘‘Completed applications received by the ACTION Agency shall be forwarded to the regional ACTION of- fice representing the State in which such applicant re- sides. The regional or State employees designated in subparagraphs (C) and (D) of paragraph (2) shall assist in evaluating such applications and, to the extent fea- sible and appropriate, interviewing applicants.’’ Subsec. (c)(1). Pub. L. 103–82, § 323(c)(1)(A), (B), in in- troductory provisions, substituted ‘‘personnel described in subsection (b)(2)(C)’’ for ‘‘regional or State employ- ees designated in subparagraphs (C) and (D) of sub- section (b)(2)’’ and ‘‘Such activities may include’’ for ‘‘Such activities shall include’’. Subsec. (c)(1)(D). Pub. L. 103–82, § 405(a)(4), substituted ‘‘the Corporation’’ for ‘‘the ACTION Agency’’. Subsec. (c)(1)(F) to (H). Pub. L. 103–82, § 323(c)(1)(C), (D), added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively. Subsec. (c)(4) to (6). Pub. L. 103–82, § 323(c)(2), (3), re- designated par. (6) as (4) and struck out former par. (4) which required Director to develop annual plan for re- cruitment of volunteers under this part and former par. (5) which required that at least 20 percent of volunteers under this part be between ages 18 and 27 and that at least 20 percent be 55 or older. Subsec. (h). Pub. L. 103–82, § 323(d), added subsec. (h). 1989—Pub. L. 101–204, § 101(d)(2)(A), substituted ‘‘Se- lection and assignment’’ for ‘‘Assignment’’ in section catchline. Subsec. (a). Pub. L. 101–204, § 101(d)(2)(B), inserted in- troductory provisions and struck out former introduc- tory provisions which read as follows: ‘‘The Director, upon request of Federal, State, or local agencies, or pri- vate nonprofit organizations, may assign such volun- teers to work in the several States in the local commu- nities in which the volunteers were recruited in appro- priate projects and programs, including work—’’. Subsec. (a)(5), (6). Pub. L. 101–204, § 701, added par. (5) and redesignated former par. (5) as (6). Subsec. (b). Pub. L. 101–204, § 101(a), amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: ‘‘The Director shall establish, at a cost not to exceed $250,000, procedures to recruit and place individ- uals from all walks of life, age groups, economic levels, and geographic areas to serve as VISTA volunteers. The procedures shall include an information system to ensure that potential applicants are made aware of the broad range of VISTA volunteer opportunities and a system to identify and place qualified volunteers where their skills are most needed. The Director shall also es- tablish procedures for national and local recruitment, media and public awareness efforts, and specialized campaigns designed to recruit recent college graduates, special skilled volunteers, and individuals 55 years of age and older. The Director, wherever feasible and ap- propriate, shall assign low-income community volun- teers to serve in their home communities in teams with nationally recruited specialist volunteers. The Director shall make efforts to assign volunteers to serve in their home or nearby communities and shall make national efforts to attract other volunteers to serve in the VISTA program. The Director shall also, in the assign- ment of volunteers, recognize that the community identified needs which cannot be met in the local area, Page 6263 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4954 and the individual desires of VISTA volunteers in re- gard to placement in various geographic areas of the Nation, should be taken into consideration.’’ Subsecs. (c) to (e). Pub. L. 101–204, § 101(b), added sub- sec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (f). Pub. L. 101–204, § 101(b)(1), (d)(2)(C), redes- ignated subsec. (e) as (f) and substituted reference to subsec. (e) of this section for reference to subsec. (d) of this section. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 101–204, § 101(b)(1), redesignated former subsec. (f) as (g). 1986—Subsec. (b). Pub. L. 99–551 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The Director, wherever feasible and appropriate, shall assign low-income community volunteers to serve in their home communities in teams with nationally recruited specialist volunteers. The Director shall make efforts to assign volunteers to serve in their home communities or in nearby communities and shall make national efforts to attract other volunteers to serve in the VISTA program.’’ 1984—Subsec. (a). Pub. L. 98–288, § 4(a)(1), inserted ‘‘in the local communities in which the volunteers were re- cruited’’ and inserted ‘‘, including work’’ in provisions before par. (1). Subsec. (a)(2). Pub. L. 98–288, § 4(a)(2), which directed substitution of a semicolon for ‘‘, under the supervision of nonprofit institutions or facilities, and’’, was exe- cuted by making the substitution for ‘‘, under the su- pervision of nonprofit institutions or facilities; and’’ to reflect the probable intent of Congress. Subsec. (a)(3), (4). Pub. L. 98–288, § 4(a)(4), added pars. (3) and (4). Former par. (3) redesignated (5). Subsec. (a)(5). Pub. L. 98–288, § 4(a)(3), (4), redesig- nated par. (3) as (5), and substituted ‘‘the Community Service Block Grant Act, titles VIII and X of the Eco- nomic Opportunity Act of 1964, the Headstart Act, or the Community Economic Development Act of 1981,’’ for ‘‘the Economic Opportunity Act of 1964, as amend- ed’’. Subsec. (b). Pub. L. 98–288, § 4(b), substituted ‘‘The Di- rector shall make efforts to assign volunteers to serve in their home communities or in nearby communities and shall make national efforts to attract other volun- teers to serve in the VISTA program’’ for ‘‘Not later than 30 days after the assignment of any such commu- nity volunteer, the Director shall insure that each such volunteer is provided an individual plan designed to provide an opportunity for job advancement or for transition to a situation leading to gainful employ- ment. One hundred and twenty days prior to the com- pletion of such community volunteer’s term of service, the Director shall insure that such plan is updated and reviewed with the volunteer. The Director shall offer to provide each volunteer enrolled for a period of full-time service of not less than one year under this subchapter, and, upon the request of such volunteer, provide such volunteer with an individual and updated plan as de- scribed in the preceding two sentences’’. Subsecs. (c), (d). Pub. L. 98–288, § 4(c)(1)(B), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated subsecs. (e) and (f), respectively. Subsec. (e). Pub. L. 98–288, § 4(c)(1)(A), redesignated subsec. (c) as (e). Subsec. (f). Pub. L. 98–288, § 4(c)(1)(A), (d), redesig- nated subsec. (d) as (f), and substituted ‘‘work in a pro- gram or project in any community unless the applica- tion for such program or project contains evidence of local support and’’ for ‘‘duties or work in a program or project in any State unless such program or project’’. 1979—Subsec. (b). Pub. L. 96–143, § 2(a), substituted ‘‘Not later than 30 days after’’ for ‘‘Prior to’’ and in- serted provisions that the Director offer to provide each volunteer enrolled for a period of full-time service of not less than one year under this subchapter, and, upon the request of such volunteer, provide such volun- teer with an individual and updated plan as described in the preceding two sentences. Subsec. (d). Pub. L. 96–143, § 2(b), inserted ‘‘in a pro- gram or project’’ after ‘‘work’’ and ‘‘or project’’ after ‘‘program’’ and inserted provisions requiring notifica- tion by a Governor or other chief executive officer to the Director that such Governor or other chief execu- tive officer has disapproved a program or project under this section and requiring the Director to terminate a program or project under this section in the event of a timely request by the Governor or other chief executive officer not later than 30 days after the date such re- quest is received or at such date agreed upon by the Di- rector and such Governor or other chief executive offi- cer. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. 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 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(36)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(28)(A)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–304, § 3(b)(10), Aug. 23, 1994, 108 Stat. 1568, provided that: ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the amendments made by this subsection [amending this section and sections 5024, 12591, 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of this title] shall take effect on the date of the enactment of this Act [Aug. 23, 1994]. ‘‘(B) RETROACTIVE EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) [amending sections 12651d and 12655n of this title] shall take effect as of Oc- tober 1, 1993.’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 323 of Pub. L. 103–82 effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as a note under section 4951 of this title. Amendment by section 405(a)(2) to (4) of Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–551 effective Oct. 1, 1986, except as otherwise provided, see section 11 of Pub. L. 99–551, set out as an Effective Date note under section 4950 of this title. § 4954. Terms and periods of service (a) Personal commitment; scope of commitment Volunteers serving under this part shall be re- quired to make a full-time personal commit- ment to combating poverty and poverty-related problems. To the maximum extent practicable, the requirement for full-time commitment shall include a commitment to live among and at the economic level of the people served, and to re- main available for service without regard to reg- ular working hours, at all times during their pe- riods of service, except for authorized periods of leave.