text:
Page:United States Statutes at Large Volume 87.djvu/421

 87 STAT.]

PUBLIC LAW 9 3 - 1 1 2 - S E P T. 26, 1973

(c) The functions assigned to the Secretary by this section shall not be delegated to any persons not assigned to and operating in the Ofl&ce of the Secretary, except that he may establish an Office for the Handicapped in the office of an appropriate Assistant Secretary of the Department of Health, Education, and Welfare to carry out such functions. (d) There are authorized to be appropriated for carrying out this section $500,000 each for the fiscal years ending June 30, 1974, and June 30, 1975. (e) Not later than thirty days after the appropriation Act containing sums for carrying out the provisions of this Act is enacted for each fiscal year, the Secretary shall set aside out of sums available to carry out this section or otherwise available pursuant to any other Act, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section and shall notify the appropriate committees of the Congress of the amount so set aside, the number of personnel necessary for such purpose, and the basis for his determination under this subsection and his reasons therefor. SHELTERED W O R K S H O P

389

j^^^f^^ ^°ed"^^ establishment.

Appropriation, ?""'^^' avaiiTion'of'c^ngrrs-" sionai committees.

STUDY

SEC. 406. (a) The Secretary shall conduct an original study of the role of sheltered workshops in the rehabilitation and employment of handicapped individuals, including a study of wage payments in sheltered workshops. The study shall incorporate guidelines which are consistent with criteria provided in resolutions adopted by the Committee on Labor and Public Welfare of the United States Senate or the Committee on Education and Labor of the United States House of Representatives, or both. (b) The study shall include site visits to sheltered workshops, interviews with handicapped trainees or clients, and consultations with interested individuals and groups and State agencies designated pursuant to section 101. (c) Any contracts awarded for the purpose of carrying out all or part of this study shall not be made with individuals or groups with a financial or other direct interest in sheltered workshops. (d) The Secretary shall report to the Congress his findings and recommendations with respect to such study within twenty-four months after the date of enactment of this Act.

^"'e* p- 363.

Report to °"^'"^^^'

STATE ALLOCATION STUDY

SEC. 407. (a) The Secretary shall conduct a thorough study of the allotment of funds among the States for grants for basic vocational rehabilitation services authorized under part B of title I of this Act, including a consideration of— (1) the needs of individuals requiring vocational rehabilitation services; (2) the financial capability of the States to furnish vocational rehabilitation assistance including, on a State-by-State basis, per capita income, per capita costs of services rendered, State tax rates, and the ability and willingness of a State to provide the non-Federal share of the costs of rendering such services; (3) the continuing demand upon the States to furnish vocational rehabilitation services, together with a consideration of the factor that no State would receive less Federal financial assistance under such part than it received under section 2 of the Vocational Rehabilitation Act in the fiscal year immediately prior to the enactment of this Act.

^"'^' P- 37O.

^^ Stat. 1282.

�


text:
Page:United States Statutes at Large Volume 87.djvu/422

 390 Report to Congress.

PUBLIC LAW 93-112-SEPT. 26, 1973

[87 STAT.

(b) Not later than June 30, 1974, the Secretary shall report to the Congress his findings and recommendations, including recommendations for additional legislation, with respect to the study required by this section, which report shall include recommendations with respect to allotment of Federal funds among the States and the Federal share of the cost of furnishing vocational rehabilitation services by the States. TITLE V—MISCELLANEOUS EFFECT ON EXISTING LAW

Repeal. 68 Stat. 652; 79 Stat. 1282; 82 Stat. 297. Unused funds. Savings provision.

Appropriations, extension.

SEC. 500. (a) The Vocational Rehabilitation Act (29 U.S.C. 31 et seq.) is repealed ninety days after the date of enactment of this Act and references to such Vocational Rehabilitation Act in any other provision of law shall, ninety days after such date, be deemed to be references to the Rehabilitation Act of 1973. Unexpended appropriations for carrying out the Vocational Rehabilitation Act may be made available to carry out this Act, as directed by the President. Approved State plans for vocational rehabilitation, approved projects, and contractual arrangements authorized under the Vocational Rehabilitation Act will be recognized under comparable provisions of this Act so that there is no disruption of ongoing activities for which there is continuing authority. (b) The authorizations of appropriations in the Vocational Rehabilitation Act are hereby extended at the level specified for the fiscal year 1972 for the fiscal year 1973. EMPLOYMENT OF HANDICAPPED INDIVIDUALS

Interagency Committee on Handicapped Employees. Establishment. 83 Stat. 864. 5 USC 5315 note.

Committee functions.

Federal agencies, affirmative action program plans.

SEC. 501. (a) There is established within the Federal Government an Interagency Committee on Handicapped Employees (hereinafter in this section referred to as the "Committee"), comprised of such members as the President may select, including the following (or their designees whose positions are Executive Level IV or higher): the Chairman of the Civil Service Commission, the Administrator of Veterans' Affairs, and the Secretaries of Labor and Health, Education, and Welfare. The Secretary of Health, Education, and Welfare and the Chairman of the Civil Service Commission shall serve as co-chairmen of the Committee. The resources of the President's Committees on Employment of the Handicapped and on Mental Retardation shall be made fully available to the Committee. I t shall be the purpose and function of the Committee (1) to provide a focus for Federal and other employment of handicapped individuals, and to review, on a periodic basis, in cooperation with the Civil Service Commission, the adequacy of hiring, placement, and advancement practices with respect to handicapped individuals, by each department, agency, and instrumentality in the executive branch of Government, and to insure that the special needs of such individuals are being met; and (2) to consult with the Civil Service Commission to assist the Commission to carry out its responsibilities under subsections (b), (c), and (d) of this section. On the basis of such review and consultation, the Committee shall periodically make to the Civil Service Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Civil Service Commission shall timely transmit to the appropriate committees of Congress any such recommendations. (b) Each department, agency, and instrumentality (including the United States Postal Service and the Postal Rate Commission) in the executive branch shall, within one hundred and eighty days after the date of enactment of this Act, submit to the Civil Service Commission

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 87.djvu/423

 87 STAT. ]

PUBLIC LAW 93-112~SEPT. 26, 1973

391

and to the Committee an affirmative action program plan for the hiring, placement, and advancement of handicapped individuals in such department, agency, or instrumentality. Such plan shall include a description of the extent to which and methods whereby the special needs of handicapped employees are being met. Such plan shall be updated annually, and shall be reviewed annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, placement, and advancement opportunities for handicapped individuals. (c) The Civil Service Commission, after consultation with the Com- i„^f'|^^a\"^'e^. mittee, shall develop and recommend to the Secretary for referral to ployment. the appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of individuals who have received rehabilitation services under State vocational rehabilitation programs, veterans' programs, or any other program for handicapped individuals, including the promotion of job opportunities for such individuals. The Secretary shall encourage such State agencies to adopt and implement such policies and procedures. (d) The Civil Service Commission, after consultation with the Com- ^^^^^°^^J^°f°^' mittee, shall, on June 30, 1974, and at the end of each subsequent fiscal g r e s s i o n a l comyear, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advancement of handicapped individuals by each department, agency, and instrumentality and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with recommendations as to legislation which have been submitted to the Civil Service Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such report shall also include an evaluation by the Committee of the effectiveness of the Civil Service Commission's activities under subsections (b) and (c) of this section. (e) An individual who, as a part of his individualized written unpaid Federal rehabilitation program under a State plan approved under this Act, ^""^ experience. participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work rates of compensation, leave, unemployment compensation, and Federal employee benefits. (f)(1) The Secretary of Labor and the Secretary of Health, Educa- Federal agency tion, and Welfare are authorized and directed to cooperate with the '=°°P^'"^*'°"President's Committee on Employment of the Handicapped in carrying out its functions, (2) I n selecting personnel to fill all positions on the President's Committee on Employment of the Handicapped, special consideration shall be given to qualified handicapped individuals. ARCHITECTURAL

A N D TRANSPORTATION BARRIERS C O M P L I A N C E BOARD

SEC. 502. (a) There is established within the Federal Government Establishment; the Architectural and Transportation Barriers Compliance Board '"^'""^^^P* (hereinafter referred to as the "Board") which shall be composed of the heads of each of the following departments or agencies (or their designees whose positions are Executive Level IV or higher): ^^ ^*^*- ^^• (1) Department of Health, Education, and Welfare; noLV^*^ ^^^ ^ (2) Department of Transportation; (3) Department of Housing and Urban Development; (4) Department of Labor;

�


text:
Page:United States Statutes at Large Volume 87.djvu/424

 392

82 Stat. 718; 84 Stat. 49. 42 USC 4151,

International Accessibility Symbol, promotion. Reports to President and Congress.

Transportation barriers.

5 USC 551, 701.

PUBLIC LAW 93-112-SEPT. 26, 1973

[87 STAT.

'5) Department of the Interior; [Q) General Services Administration; (7) United States Postal Service; and (8) Veterans' Administration. (b) I t shall be the function of the Board to: (1) insure compliance with the standards prescribed by the General Services Administration, the Department of Defense, and the Department of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968 (Public Law 90-480), as amended by the Act of March 5, 1970 (Public Law 91-205); (2) investigate and examine alternative approaches to the architectural, transportation, and attitudinal barriers confronting handicapped individuals, particularly with respect to public buildings and monuments, parks and parklands, public transportation (including air, water, and surface transportation whether interstate, foreign, intrastate, or local), and residential and institutional housing; (3) determine what measures are being taken by Federal, State, and local governments and by other public or nonprofit agencies to eliminate the barriers described in clause (2) of this subsection; (4) promote the use of the International Accessibility Symbol in all public facilities that are in compliance with the standards prescribed by the Administrator of the General Services Administration, the Secretary of Defense, and the Secretary of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968; (5) make to the President and to Congress reports which shall describe in detail the results to its investigations under clauses (2) and (3) of this subsection; and (6) make to the President and to the Congress such recommendations for legislation and administration as it deems necessary or desirable to eliminate the barriers described in clause (2) of this subsection. (c) The Board shall also (1)(A) determine how and to what extent transportation barriers impede the mobility of handicapped individuals and aged handicapped individuals and consider ways in which travel expenses in connection with transportation to and from work for handicapped individuals can be met or subsidized when such individuals are unable to use mass transit systems or need special equipment in private transportation, and (B) consider the housing needs of handicapped individuals; (2) determine what measures are being taken, especially by public and other nonprofit agencies and groups having an interest in and a capacity to deal with such problems, (A) to eliminate barriers from public transportation systems (including vehicles used in such systems), and to prevent their incorporation in new or expanded transportation systems and (B) to make housing available and accessible to handicapped individuals or to meet sheltered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transportation and housing for handicapped individuals, including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward such goals or whose cooperation is essential to effective and comprehensive action. (d) I n carrying out its functions under this section, the Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to insure compliance with the provisions of the Acts cited in subsection (b). The provisions of subchapter II of chapter 5. and chapter 7 of title 5, United States Code, shall apply to procedures under this section, and an order of compliance issued by the Board shall be a final order for purposes of judicial review.

�


text:
Page:United States Statutes at Large Volume 87.djvu/425

 87 STAT. ]

PUBLIC LAW 93-112-SEPT. 26, 1973

(e) The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing examiners appointed under this subsection. (f) The departments or agencies specified in subsection (a) of this section shall make available to the Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the Board may appoint such other advisers, technical experts, and consultants as it deems necessary to assist it in (tarrying out its functions under this section. Special advisory and technical experts and consultants appointed pursuant to this subsection shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the daily pay rate, for a person employed as a GS-18 under section .5332 of title 45, United States Code, including traveltime, and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently. (g) The Board shall, at the end of each fiscal year, report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the Board, and the reports and recommendations described in clauses (5) and (6) of subsection (b) of this section. The Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers to handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Board shall, prior to January 1, 1975, submit each such report, together with its recommendations, to the President and the Congress. The Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after the date of enactment of this Act. (h) There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section $1,000,000 each for the fiscal years ending June 30, 1974, and June 30, 1975.

393

80 Stat. 415. Technical assistance.,

5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Report to Congress.

Report to the President and Congress.

Appropriation.

KMPLOYMEXT UXnEK FEOPmAL CONTRACTS

SEC. 503. (a) Any contract in excess of $2,500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7(6). The provisions of this section shall apply to any subcontract in excess of $2,500 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals,

Ante, p. 361.

�


text: The Transit of Venus

title: The Transit of Venus


text:
Page:United States Statutes at Large Volume 87.djvu/426

 394

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. Waiver authority. (Q) f h e requirements of this section may be waived, in whole or in part, by the President with respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. NONDISCRIMINATION UNDER FEDERAL GRANTS

Ante, p. 361.

SEC. 504. No otherwise qualified handicapped individual in the United States, as defined in section 7(6), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Approved September 26, 1973. Public Law 93-113

October 1, 1973 [s. 1148]

AN ACT To provide for the operation of programs by the ACTION Agency, to establish certain new such programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the D omestic voiun- United States of America in Congress assembled, That this Act, with teer m's^^'"'''^ ^""^ ° the following table of contents, may be cited as the "Domestic Volunteer Service Act of 1973": T A B L E O F CONTENTS TITLE I—NATIONAL V O L U N T E E R A N T I P O V E R T Y PROGRAMS P A E T A—VOLUNTEERS I N

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107.

SERVICE TO AMERICA

Statement of purpose. Authority to operate VISTA program. Assignment of volunteers. Term s and periods of service. Support services. Participation of beneficiaries. Participation of older persons.

,

-

,;..

P A R T B—SERVICE-LEARNING PROGRAMS

Sec. Sec. Sec. Sec.

111. 112. 113. 114.

Statement of purpose. Authority to operate University Year for ACTION program. Special conditions. Special service-learning programs. P A R T C—SPECIAL. VOLUNTEEE PROGRAMS

Sec. 121. Statement of purpose. Sec. 122. Authority to establish and operate programs.

.:

�


text:
Page:United States Statutes at Large Volume 87.djvu/427

 87 STAT. ]

PUBLIC LA\V 93-113-OCT. 1, 1973 TABLE OF CONTENTS—Continued

TITLE II—NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS PART A—RETIEED SENIOR VOLUNTEEE PBOGEAM

Sec. 201. Grants and contracts for volunteer service projects. PAET B—FOSTER GEANDPARENT PEOOEAH AND OLDES AMERICAN COMMUNITY SERVICE PROGRAMS

Sec. 211. Grants and contracts for volunteer service projects. Sec. 212. Conditions of grants and contracts. PAET C—GENEEAL PROVISIONS

Sec. 221. Coordination with other Federal programs. Sec. 222. Payments. Sec. 223. Minority group participation. TITLE III—NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSINESS EXPERIENCE Sec. 301. Statement of purpose. Sec. 302. Authority to establish, coordinate, and operate programs. TITLE IV—ADMINISTRATION AND COORDINATION Sec. 401. Establishment of agency. Sec. 402. Authority of the Director. Sec. 403. Political activities. Sec. 404. Special limitations. Sec. 405. National Voluntary Service Advisory Council. Sec. 406. Labor standard's. Sec. 407. Imports. Sec. 408. Joint funding. Sec. 409. Prohibition of Federal control. Sec. 410. Coordination with other programs. Sec. 411. Prohibition. Sec. 412. Notice and hearing procedures for suspension and termination of financial assistance. Sec. 413. Duration of program. Sec. 414. Distribution of benefits between rural and urban areas. Sec. 415. Application of Federal law. Sec. 416. Evaluation. Sec. 417. Nondiscrimination. Sec. 418. Eligibility for other benefits. Sec. 419. Legal expenses. Sec. 420. Guidelines. Sec. 421. Definitions. Sec. 422. Audit. TITLE V—AUTHORIZATION OF APPROPRIATIONS Sec. 501. National volunteer antipoveity programs. Sec. 502. National older Americans volunteer programs. Sec. 503. National volunteer programs to assist small businesses and x'romote volunteer service by persons with business experience. Sec. 504. Administration and coordination. Sec. 505. Availability of appropriations.

395

�


text:
Page:United States Statutes at Large Volume 87.djvu/428

 396

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

TABLE OF CONTENTS—Continued TITLE VI—AMENDMENTS TO OTHER LAWS AND REPEALERS Sec. Sec. Sec. Sec.

eoi. Supersedence of Reorganization Plan No. 1 of July 1, 1971. 602. Creditable service for civil service retirement. 603. Repeal of title VIII of the Economic Opportunity Act. 604. Repeal of title VI of the Older Americans Act.

TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS PART A—VOLUNTEERS IX SERVICE TO AMERICA S T x \ T E M ENT OF PURPOSE

SEC. 101. This part provides for the Volunteers in Service to America ( VI S T A) program of full-time volunteer service, together with appropriate powers and responsibilities designed to assist in the development and coordination of such program. The purpose of this part is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems in the United States by encouraging and enabling persons from all walks of life and all age groups, including elderly and retired Americans, to perform meaningful and constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement Dy persons afflicted with such problems. AUTHORITY TO OPERATE VISTA PROGRAM

SEC. 102. The 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. ASSIGNMENT

78 Stat. 508. note."^^ ^^°^

O F VOLUNTEERS

SEC. 103. (a) The Director, upon request of Federal, State, or local agencies, or private nonprofit organizations, may assign such volunteers to work in the several States in appropriate projects and programs— (1) in meeting the health, education, welfare, or related needs of Indians living on reservations 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, American Samoa, or the Virgin Islands; (2) in the care and rehabilitation of mentally ill, developmentally disabled, and other handicapped individuals, especially those with severe handicaps, under the supervision of nonprofit institutions or facilities; and (3) in connection with programs or activities authorized, supported, or of a character eligible for assistance under this Act or the Economic Opportunity Act of 1964, as amended (42 U.S.C. chapter 34) in furtherance of the purpose of this title, (b) The Director, wherever feasible and appi-opriate, shall assign low-income community volunteers to serve in their home communities

�


text:
Page:United States Statutes at Large Volume 87.djvu/429

 87 STAT. ]

PUBLIC LAW 93-113-OCT. 1, 1973

397

in teams with nationally recruited specialist volunteers. Prior to the assignment of any such community 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 employment. One hundred and twenty days prior to the completion of such community volunteer's term of service, the Director shall insure that such plan is updated and reviewed with the volunteer. (c) Except as provided in subsection (d), the assignment of volunteers under this section shall be on such terms and conditions (including restrictions on political activities that appropriately recognize the special status of volunteers 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 communities. (d) Volunteers under this part shall not be assigned to duties or ^^^°F.^"li ^"^ ! •

m

^

1

1 1

!

•

!

1 / ^

mittal to Governor.

work m any btate unless such program has been submitted to the Governor or other chief executive officer of the State concerned, and has not been disapproved by him within forty-five days of such submission. The assignment of a volunteer shall be terminated by the Director when so requested by the Governor or chief executive officer of the State concerned not later than thirty days after such request has been made, or at a time after such request has been made as agreed upon by such Governor or chief executive officer of the State concerned and the Director. TERMS AXD PERIODS OF SERVICE

SEC. 104. (a) Volunteers serving under this part shall be required to make a full-time personal commitment to combating poverty and poverty-related human, social, and environmental problems. To the maximum extent practicable, this shall include a commitment to live among and at the economic level of the people served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave. (b) Volunteers serving under this part may be enrolled for periods of service not exceeding two years, but for not less than one-year periods of service, except that volunteers serving under this part may be enrolled for periods of service of less than one year when the Director determines, on an individual basis, that a period of service of less than one year is necessary to meet a critical scarce-skill need. Volunteers serving under this part may be reenrolled for periods of service totaling not more than two years. No volunteer shall serve for more than a total of five years under this part. (c) Volunteers under this part shall, upon enrollment, take the oath of office as prescribed in section 5(j) of the Peace Corps Act, as amended (22 U.S.C. 2504(j)), except that persons legally residing within a State but who are not citizens or nationals of the United States, may serve under this part without taking or subscribing to such oath, if the Director determines that the service of such persons will further the interests of the United States. Such persons shall take such alternative oath or affirmation as the Director shall deem appropriate.

Limitation.

75 Stat. 613.

�


text:
Page:United States Statutes at Large Volume 87.djvu/430

 398 Hearing opportunity.

PUBLIC LAW 93-113-OCT. 1, 1973

[87

STAT.

(d) The Director shall establish a procedure, including notice and opportunity to be heard, for volunteers under this part to present and obtain resolution of grievances and to present their views in connection with the terms and conditions of their service. The Director shall promptly provide to each volunteer in service on the date of enactment of this Act, and to each such volunteer beginning service thereafter, information regarding such procedure and the terms and conditions of their service. SUPPORT SERVICES

Stipends.

Limitation.

Payment.

80 Stat. 495.

SEC. 105. (a)(1) The Director may provide a stipend to volunteers, while they are in training and during their assignments, enrolled for periods of service of not less than one year under this part, except that the Director may, on an individual basis, make an exception to provide a stipend to a volunteer enrolled under this part for an extended period of service not totaling one year. Such stipend shall not exceed $50 per month during the volunteer's service, except that the Director may provide a stipend not to exceed $75 per month in the case of persons who have served for at least one year and who, in accordance with standards established in regulations which the Director shall prescribe, have been designated volunteer leaders on the basis of experience and special skills and a demonstrated leadership among volunteers. (2) Stipends shall be payable only upon completion of a period of service, except that in extraordinary circumstances the Director may from time to time advance all or a portion of the accrued stipend to or on behalf of a volunteer. In the event of the death of a volunteer during service, the amount of any unpaid stipend shall be paid in accordance with the provisions of section 5582 of title 5, United States Code. (b) The Director shall also provide volunteers such living, travel (including travel to and from places of training), and leave allowances, and such housing, supplies, equipment, subsistence, clothing, health and dental care, transportation, supervision, technical assistance, and such other support as he deems necessary and appropriate to carry out the purpose and provisions of this part, and shall insure that each such volunteer has available such allowances and support as will enable the volunteer to carry out the purpose and provisions of this part and to effectively perform the work to which such volunteer is assigned. PARTICIPATION OF BENEFICIARIES

SEC. 106. To the maximum extent practicable, the people of the communities to be served by volunteers under this title shall participate in planning, developing, and implementing programs thereunder, and the Director, after consultation with sponsoring agencies (including volunteers assigned to them) and the people served by such agencies, shall take all necessary steps to establish, in regulations he shall prescribe, a continuing mechanism for the meaningful participation of such program beneficiaries.

�


text:
Page:United States Statutes at Large Volume 87.djvu/431

 87 STAT. ]

PUBLIC LAW 93-113-OCT. 1, 1973

399

PARTICIPATIOISr OF OLDER PERSONS

SEC. 107. I n carrying out this part and part C of this title, the Director shall take necessary steps, including the development of special projects, where appropriate, to encourage the fullest participation of older persons and older persons membership groups as volunteers and participant agencies in the various programs and activities authorized under such parts and, because of the high proportion of older persons within the poverty group, shall encourage the development of a variety of volunteer services to older persons, including special projects, to assure that such persons are served in proportion to their need.

P°^t' P- '*OO.

PART B—SERVICE-LEARNING PROGRAMS STATEMENT OF PURPOSE

SEC. 111. This part provides for the University Year for ACTION ( U Y A) program of full-time volunteer service by students enrolled in institutions of higher education, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems by enabling students at such cooperating institutions to perform meaningful and constructive volunteer service in connection with the satisfaction of such students' course work during their periods of service while attending such institutions, in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and povertyrelated problems and secure and exploit opportunities for selfadvancement by persons afflicted with such problems. Its purpose further is to encourage other students and faculty members to engage, on a part-time, self-supporting basis, in such volunteer service and work along with volunteers serving under this part; and to promote participation by such institutions in meeting the needs of the poor in the surrounding community through expansion of service-learning programs and otherwise. Its purpose further is to provide for a program of part-time or short-term service—learning by secondary and post-secondary school students to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems. AUTHORITY TO OPERATE UNIVERSITY YEAR FOR ACTION PROGRAM

SEC. 112. Except as otherwise provided in this part, the Director is authorized to conduct or make grants and contracts for, or both, programs to carry out the purposes of this part in accordance with the authorities and subject to the restrictions in the provisions of part A of this title, except for the provisions of sections 103(d) and 104(d), and except that the Director may, in accordance with regulations he shall prescribe, determine to reduce or eliminate the stipend for volunteers serving under this part on the basis of the value of benefits provided such volunteers by the institution in question (including the reduction or waiver of tuition). SPECIAL CONDITIONS

SEC. 113. (a) Volunteers serving under this part shall be enrolled service, acafor periods of service as provided for in subsection (b) of section 104, '^^"""'^ credit. and may receive academic credit for such service in accordance with the regulations of the sponsoring institution of higher education.

�


text:
Page:United States Statutes at Large Volume 87.djvu/432

 400

PUBLIC LAW 93-113-OCT. 1, 1973

86*813^*703^^'

(b) Grants to and contracts with institutions to administer programs under this part shall provide that prospective student volunteers shall participate substantially in the planning of such programs and that such institutions shall make available to the poor in the surrounding community all available facilities, including human resources, of such institutions in order to assist in meeting the needs of such poor persons. (c)(1) I n making grants or contracts for the administration of U Y A programs under this part, the Director shall insure that financial assistance under this Act to programs carried out pursuant to section 112 of this part shall not exceed 90 per centum of the total cost (including planning costs) of such program during the first year and such amounts less than 90 per centum as the Director, in consultation with the institution, may determine for not more than four additional years, including years in which support was received under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991-2994d). Each such grant or contract shall stipulate that the institution will make every effort to (A) assume an increasing proportion of the cost of continuing a program carrying out the purpose of this part while the institution receives support under this part; (B) waive or otherwise reduce tuition for participants in such program, where such waiver is not prohibited by law; (C) utilize students and faculty at such institution to carry out, on a self-supporting basis, appropriate planning for such programs; and (D) maintain similar service-learning programs after such institution no longer receives support under this part. (2) The Director shall take necessary steps to monitor the extent of compliance by such institutions with commitments entered into under paragraph (1) of this subsection and shall advise the Secretary of Health, Education, and Welfare of the extent of each such institution's compliance. SPECIAL SERVICE-LEARNING

Ante,

p. 396.

LWing auowance.

[87 STAT.

PROGRAMS

SEC. 114. (a) Of the funds appropriated for the operation of programs under this part, up to 10 per centum may be used, notwithstanding any other provisions of this part, to encourage and enable students in secondary, secondary vocational, and post-secondary schools to participate in service-learning programs on an in- or outof-school basis in assignments of a character and on such terms and conditions as described in subsections (a) and (c) of section 103. (b) Persons serving as volunteers under this section shall not be deemed to be Federal employees for any purpose. (Q) Xhc Dircctor may provide volunteers serving under this section a living allowance and only such other support or allowances as he determines, pursuant to regulations which he shall prescribe, are required because of unusual or special circumstances affecting the program. PART C—SPECIAL VOLUNTEER PROGRAMS STATEMENT OF PURPOSE

SEC. 121. This part provides for special emphasis and demonstration volunteer programs, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen and supplement efforts to meet a broad range of human, social, and environmental needs, particularly those related to poverty, by encouraging and enabling persons from all walks of life and from all age groups

�


text:
Page:United States Statutes at Large Volume 87.djvu/433

 87

PUBLIC LAW 93-113-OCT. 1, 1973

STAT.]

401

to perform meaningful and constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may help to meet such needs. AUTHORITY

TO E S T A B L I S H

A X D OPERATE

PROGRAMS

SEC. 122. (a) The Director is authorized to conduct or make grants or contracts, or both, for special volunteer programs or demonstration programs (such as but not limited to a program to provide alternatives to the incarceration of youthful offenders; a program to projnote educational opportunities for veterans; and a program to provide community-based peer group outreach and counseling for drug abusers) designed to stimulate and initiate improved methods of providing volunteer services, to encourage wider volunteer participation on a full-time, part-time, or short-term basis to further the purpose of this part, and to identify particular segments of the poverty community which could benefit from volunteer and other antipoverty efforts. (b) Except as provided in subsection (c) of this section, assignment of volunteers under this section shall be on such terms and conditions as the Director shall determine, pursuant to regulations which he shall prescribe. (c) The Director, in accordance with regulations he shall prescribe, may provide to persons serving as full-time volunteers in a program of at least one year's duration under this part such allowances and stipends, to the extent and in amounts not in excess of those authorized to be provided under part A of this title; as he determines are necessary to carry out the purpose of this part. TITLE II—NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS PART A—RETIRED SENIOR VOLUNTEER PROGRAM GRANTS A N D CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

SEC. 201. (a) I n order to help retired persons to avail themselves of opportunities for volunteer service in their community, the Director is authorized to make grants to State agencies (established or designated pursuant to section 304(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3024(a)(1))) or grants to or contracts with other public and nonprofit private agencies and organizations to pay part or all of the costs for the development or operation, or both, of A'olunteer service programs under this section, if he determines, in accordance with regulations he shall prescribe, that— (1) volunteers will not be reimbursed for other than transportation, meals, and other out-of-pocket expenses incident to the provision of services under this part; (2) only individuals aged sixty or over will be enrolled as volunteers to provide services under this part (except for administrative purposes), and such services will be performed in the community where such individuals reside or in nearby communities either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private nonprofit organizations (other than political parties), other than projects involving the construction, operation, or maintenance of so much of any facility used or to be used for sectarian instruction or as a place for religious worship;

22-150 O - 75 - 28

Ante,p.3».

�


text:
Page:United States Statutes at Large Volume 87.djvu/434

 402

PUBLIC LAW 93-113-OCT. 1, 1973

Ante, p. 38.

[87 STAT.

(3) the program includes such short-term training as may be necessary to make the most effective use of the skills and talents of participating volunteers and individuals, and provide for the payment of the reasonable expenses of such volunteers while undergoing such training; and (4) the program is being established and will be carried out with the advice of persons competent in the field of service involved, and of persons with interest in and knowledge of the needs of older persons, (b) The Director shall not award any grant or contract under this part for a project in any State to any agency or organization unless, if such State has a State agency established or designated pursuant to section 304(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3024(a)(1)), such agency itself is the recipient of the award or such agency has been afforded at least sixty days in which to review the project application and make recommendations thereon. PART

B—FOSTER

GRANDPARENT PROGRAM AND OLDER COMMUNITY SERVICE PROGRAMS

AMERICAN

GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS

Ante,

p. 55.

SEC. 211. (a) 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 volunteers serving under this part) designed for the purpose of providing opportunities for low-income persons aged sixty or over to serve as volunteers to provide supportive person-to-person services in health, education, welfare, and related settings to children having exceptional needs, including services by volunteers 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. The Director may approve assistance in excess of 90 per centum of the costs of the development and operation of such projects only if he determines, in accordance with regulations he shall prescribe establishing objective criteria, that such action is required m furtherance of the purpose of this section. Provision for such assistance shall be effective as of September 19, 1972. I n the case of any project with respect to which, prior to such date, a grant or contract has been made under section 611(a) of the Older Americans Act of 1965, as amended (42 U.S.C. 3044b) 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, Department of the Interior, toward the cost of the project may be counted as part of the cost thereof which is met from non-Federal sources. (b) The Director is also authorized to make grants or contracts to carry out the purpose described in subsection (a) of this section in the case of persons (other than children) having exceptional needs, including services by volunteers serving as "senior health aides" to work with persons receiving home health care, nursing care, or meals on wheels or other nutritional services, and as "senior companions" to persons having developmental disabilities or other special needs for companionship. CONDITIONS OF GRANTS A N D CONTRACTS

SEC. 212. (a)(1) I n carrying out this part, the Director shall insure that volunteers receiving assistance in any project are older persons of low income who are no longer in the regular work force.

�


text:
Page:United States Statutes at Large Volume 87.djvu/435

 87 STAT.]

PUBLIC LAW 93-113-OGT. 1, 1973

403

(2) The Director shall not award a grant or contract under this part which involves a project proposed to be carried out throughout the State or over an area more comprehensive than one community unless— (A) the State agency established or designated under section 304(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3024(a)(1)) is the applicant for such grant or contract Ante, p. 38. or, if not, such agency has been afforded a reasonable opportunity to apply for and receive such award and to administer or supervise the administration of the project; and (B) in cases in which such agency is not the grantee or contractor (including cases to which clause (A) applies but in which such agency has not availed itself of the opportunity to apply for and receive such award), the application contains or is supported by satisfactory assurances that the project has been developed, and will to the extent appropriate be conducted, in consultation with, or with the participation of, such agency. (3) The Director shall not award a grant or contract under this part which involves a project proposed to be undertaken entirely in a community served by a community action agency unless— (A) such agency is the applicant for such grant or contract or, if not, such agency has been afforded a resonable opportunity to apply for and receive such award and to administer or supervise the administration of the project; (B) in cases in which such agency is not the grantee or contractor (including cases to which clause (A) applies but in which such agency has not availed itself of the opportunity to apply for and receive such award), the application contains or is supported by satisfactory assurances that the project has been developed, and will to the extent appropriate be conducted in consultation with, or with the participation of, such agency; and (C) if such State has a State agency established or designated pursuant to section 304(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3024(a)(1)), such agency has been afforded at least forty-five days in which to review the project application and make recommendations thereon. ^ (b) The term "community action agency" as used in this section tiol^^agency!'^ ^'^' means a community action agency as defined in title II of the Eco81 Stat. 690. nomic Opportunity Act of 1964, as amended (42 U.S.C. 2781-2837). PART C—GENERAL PROVISIONS COORDINATION WITH OTHER FEDERAL PROGRAMS

SEC. 221. In carrying out this title, the Director shall consult with the Office of Economic Opportunity, the Departments of Labor and Health, Education, and Welfare, and any other Federal agencies administering relevant programs with a view to achieving optimal coordination with such other programs, and shall promote the coordination of projects under this title with other public or private programs or projects carried out at State and local levels. Such Federal agencies shall cooperate with the Director in disseminating information about the availability of assistance under this title and in promoting the identification and interest of low-income and other older persons whose services may be utilized in projects under this title. PAYMENTS

SEC. 222. Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on

�


text:
Page:United States Statutes at Large Volume 87.djvu/436

 404

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

account of previously made overpayments or underpayments) i n advance or by way of reimbursement, in such installments and on such conditions, as the Director may determine. M I N O R I T Y GROUP PARTICIPATION

SEC. 223. The Director shall take appropriate steps to insure that special efforts are made to recruit, select, and assign qualified individuals sixty years and older from minority groups to serve as volunteers under this title. TITLE III — N A T I O N A L V O L U N T E E E P R O G R A M S TO A S S I S T SMALL B U S I N E S S E S A N D P R O M O T E VOLUNTEER SERVICE BY PERSONS W I T H BUSINESS EXPERIENCE STATEMENT OF PURPOSE

86 Stat. 697. 42 USC 2981. 72 Stat. 384. 15 USC 631 note.

SEC. 301. This title provides for programs in which persons with business experience volunteer to assist persons, especially those who are economically disadvantaged, engaged in, or who seek to engage in, small business enterprises, and to make available their expertise as volunteers in programs authorized by, or of a character eligible for assistance under, this Act, the Economic Opportunity Act of 1964, as amended (42 U.S.C. chap. 34) (particularly title VII thereof), or the Small Business Act (15 U.S.C. chap. 14A). The purpose of this title is to utilize the skills and expertise of persons with business experience to assist persons in, or seeking to enter, business enterprises, or to carry out management and financial counseling activities m furtherance of the purposes of this Act. AUTHORITY TO E S T A B L I S H, COORDINATE, A N D OPERATE PROGRAMS

Service Corps of g^c. 302. (a) The Dlrector is authorized to establish and conduct, tives^seo^RE)^ Ac- ^^d to rccruit, select, and train volunteers for (and to make grants or tive Corps of Ex- eutcr iuto contracts therefor), volunteer programs, including a Service ecutive^ (ACE). Corps of Retired Executives (SCORE) and an Active Corps of Executives (ACE) and programs in which SCORE and A C E volunteers expand the application of their expertise beyond Small Business Administration clients, to carry out the purpose of this title: Provided, however, That the services of volunteers who are assisting persons or enterprises seeking to obtain, or receiving, financial or management counseling assistance from the Small Business Administration shall be performed under the direction of the Administrator of the Small Business Administration (hereinafter referred to in this title as the "Administrator") pursuant to section 8(b)(1) of the Small Business 72 Stat. 389; Act (15 U.S.C. 6 3 7 (b)(1)). 80 Stat. 1295. (b) The assignment of volunteers engaged in programs under this Assignment, terms and condititle shall be on such terms and conditions as the Director may detertions. mine, except that he shall prescribe such terms and conditions in agreement with the Administrator with respect to the service of volunteers described in the proviso in subsection (a) of this section. (c)(1) Such volunteers, while carrying out activities under this title and section 8(b)(1) of the Small Business Act (15 U.S.C. 637 (b)(1)), shall be deemed Federal employees for the purpose of the 28 USC 2671. Federal tort claims provisions in title 28, United States Code. E x p e n s e s, reim(2) The Director is authorized to reimburse such volunteers only bursement. for such necessary out-of-pocket expenses incident to their provision of services under this Act as he shall determine, in accordance with regulations which he shall prescribe, and, while they are carrying out

�


text:
Page:United States Statutes at Large Volume 87.djvu/437

 87 STAT. ]

PUBLIC LAW 93-113-OCT. 1, 1973

such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for individuals serving without pay. (3) Such volunteers shall in no way (A) participate for the benefit of the Small Business Administration (rather than on behalf of their clients) in any screening or evaluation activities in connection with applications for loans from such Administration, or (B) provide services to a client of such Administration with a delinquent loan outstanding, except upon a specific request signed by such client for assistance in connection with such matter. (d) The Director and the Administrator shall cooperate in order to make available to such volunteers, or groups thereof, such use of the office facilities and related supplies, materials, and services of the Small Business Administration and the ACTION Agency as they deem appropriate to assist such volunteers to carry out such activities, including authorized meetings of groups of volunteers. (e) Except as otherwise provided in this Act, activities authorized to be carried out both by this title and by section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1)) shall be carried out under this title to the maximum extent feasible.

405

80 Stat. 499; 83 Stat. 190. Service to SBA loan a p p l i c a n t s, prohibition.

Office f a c i l i t i e s and s u p p l i e s, availability.

72 Stat. 389; 80 Stat. 1295.

TITLE IV — ADMINISTRATION AND C O O R D I N A T I O N ESTABLISHMENT

OF AGENCY

401. There is hereby established in the executive branch of ACTION Agency. the Government an agency to be known as the ACTION Agency. Such Agency shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. 80 Stat. 460; There shall also be in such agency a Deputy Director who shall be 33 Stat. 864. appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Deputy Director shall perform such functions as the Director shall from time to time prescribe, and shall act as Director of the ACTION Agency during the absence or disability of the Director. There shall also be in such agency two Associate Directors who shall be appointed by the President by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. One such Associate Director shall be designated "Associate A s s o c i a t e Director Director for Domestic and Anti-Poverty Operations" and shall carry and for Domestic Anti-Poverty out operational responsibility for all programs authorized under this operation Act, and the other such Associate Director shall be designated "Asso- tor ^orin^ermi-"^'^ ciate Director for International Operations" and shall carry out tionai operations. operational responsibility ior all programs authorized under the Peace Corps Act (22 U.S.C. 2501 et seq.). There shall also be in such 75 Stat. 612. agency no more than two Assistant Directors appointed by the President by and with the advice and consent of the Senate, who shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. Each such Assistant Director shall perform such staff and support functions for such Associate Directors as the Director shall frorrt time to time prescribe. SEC.

�


text:
Page:United States Statutes at Large Volume 87.djvu/438

 PUBLIC LAW 93-113~OCT. 1, 1973

406

Ante, 399.

Ante,

pp. 396,

p. 401.

There shall also be in such agency one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under parts A and B of title I of this Act and one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under title II of this Act, each of whom shall be appointed by the Director. AUTHORITY OF THE

P e r s o n n e l, appointment.

80 Stat. 443. 5 USC 5101. E x p e r t s and consultants. 80 Stat. ' 4 1 6.

5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. 5 USC 5703.

Delegation of functions.

Federal and nonFederal a g e n c i e s, services and facilities, utilization.

Gifts or bequests, accept-

70A Stat. 269.

[87 STAT.

DIRECTOR

SEC. 402. In addition to the authority conferred upon him by other sections of this Act, the Director is authorized to— (1) appoint in accordance with the Civil Service laws such personnel as may be necessary to enable the ACTION Agency to carry out its functions, and, except as otherwise provided herein, fix the compensation of such personnel in accordance with chapter 51 of title 5, United States Code; (2)(A) employ experts and consultants or organizations thereof as authorized by section 3109 of title 5, United States Code, except that no individual may be employed under the authority of this subsection for more than one hundred days in any fiscal year; (B) compensate individuals so employed at rates not in excess of the daily equivalent of the rate payable to a GS-18 employee under section 5332 of such title, including traveltime; (C) allow such individuals, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently, while so employed; and (D) annually renew contracts for such employment under this clause; (3) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act and, as necessary or appropriate, delegate any of his functions under this Act and authorize the redelegation thereof subject to provisions to assure the maximum possible liaison between the ACTION Agency and such other agencies at all operating levels, which shall include the furnishing of complete operational information by such other agencies to the ACTION Agency and the furnishing of such information by the ACTION Agency to such other agencies; (4) with their consent, utilize the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or a political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivision without reimbursement; (5) accept in the name of the ACTION Agency, and employ or dispose of in furtherance of the purposes of this Act, or of any title thereof, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; (6) accept voluntary and uncompensated services; (7) allocate and expend, or transfer to other Federal agencies for expenditure, funds made available under this Act as he deems necessary to carry out the provisions hereof, including (without regard to the provisions of section 4774(d) of title 10, United States Code), expenditure for construction, repairs, and capital improvements;

�


text:
Page:United States Statutes at Large Volume 87.djvu/439

 87 STAT.]

PUBLIC LAW 93-113-OCT. 1, 1973

(8) disseminate, -withoiit regard to the provisions of section such form as he shall deem appropriate to public agencies, private organizations, and the general public; (9) adopt an oiRcial seal, which shall be judicially noticed; (10) collect or compromise all obligations to or held by him and all legal or equitable rights accruing to him in connection with the payment of obligations in accordance with Federal Claims Collection Act of 1966 (31 U.S.C. 951-53); (11) expend funds made available for purposes of this Act as follows: (A) for printing and binding, in accordance with applicable law and regulations; and (B) without regard to any other law or regulation, for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by him; but the Director shall not utilize the authority contained in this subclause (B) — (i) except when necessary to obtain an item, service, or facility, which is required m the proper administration of this Act, and which otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which, it is needed, and (ii) prior to having given written notification to the Administrator of General Services (if the exercise of such authority would affect an activity which otherwise would be under the jurisdiction of the General Services Administration) of his intention to exercise such authority, the item, service, or facility with respect to which such authority is proposed to be exercised, and the reasons and justifications for the exercise of such authority; (12) notwithstanding any other provision of law, make grants to or contracts with Federal or other public departments or agencies and private nonprofit organizations for the assignment or referral of volunteers under this Act (except for volunteers serving under part A of title I thereof), which may provide that the agency or organization shall pay all or a part of the costs of the program; (13) provide or arrange for educational and vocational counseling of volunteers and recent former volunteers under this Act to (A) encourage them to use in the national interest the skills and experience which they have derived from their training and service, particularly working in combating poverty as members of the helping professions, and (B) promote the development, and the placement therein of such volunteers, of appropriate opportunities for the use of such skills and experience; (14) establish such policies, standards, criteria, and procedures, prescribe such rules and regulations, enter into such contracts and agreements with public agencies and private organizations and persons, and make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants otherwise authorized under this Act, with necessary adjustments on account of overpayments and underpayments) as are necessary or appropriate to carry out the provisions of this Act; and (15) generally perform such functions and take such steps, consistent with the purposes and provisions of this Act, as he deems necessary or appropriate to carry out the provisions of this Act.
 * 5204 of title 39, United States Code, data and information, in

407 Information dissemination. 84 Stat. 752. Official seal.

80 Stat. 308. Funds, expenditure.

Grants or contracts.

Ante, p. 396.

Educational and vocational counseling.

Rules and regulations.

�


text:
Page:United States Statutes at Large Volume 87.djvu/440

 408

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

POLITICAL ACTIVITIES Funds, prohibition.

"Election." 86 Stat. 11. 2 USC 431. "Federal office."

Enforcement, rules and regulations.

SEC. 403. (a) No part of any funds appropriated to carry out this Act, or any program administered by the ACTION Agency, shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the ACTION Agency, vs^ho, in his official capacity as such an officer or employee, engages in any such activity. As used in this section, the term "election" has the same meaning given such term by section 301(a) of the Federal Election Campaign Act of 1971 (Public Law 92-225), and the term "Federal office" has the same meaning given such term by section 301(c) of such Act. (b) Programs assisted under this Act shall not be carried on in a manner involving the use of funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office, (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (3) any voter registration activity. The Director, after consultation with the Civil Service Commission, shall issue rules and regulations to provide for the enforcement of this section, which shall include provisions for summary suspension of assistance for no more than thirty days until notice and an opportunity to be heard can be provided or other action necessary to permit enforcement on an emergency basis. SPECIAL LIMITATIONS

Volunteer activities.

Support costs.

Funds for labor or antilabor organization activities, prohibition. Selection procedure s.

SEC. 404. (a) The Director shall prescribe regulations and shall carry out the provisions of this Act so as to assure that the service of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this Act is limited to activities which would not otherwise be performed by employed workers and which will not supplant the hiring of or result in the displacement of employed workers, or impair existing contracts for service. (b) All support, including transportation provided to volunteers under this Act, shall be furnished at the lowest possible costs consistent with the effective operation of volunteer programs. (c) No agency or organization to which volunteers are assigned hereunder, or which operates or supervises any volunteer program hereunder, shall request or receive any compensation for services of volunteers supervised by such agency or organization. (d) No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or antilabor organization or related activity. (e) Persons serving as volunteers under this Act shall provide such information concerning their qualifications, including their ability to perform their assigned tasks, and their integrity, as the Director shall prescribe and shall be subject to such procedures for selection and approval as the Director determines are necessary to carry out the purposes of this Act. The Director may establish such special procedures for the recruitment, selection, training, and assignment of lowincome residents of the area to be served by a program under this Act who wish to become volunteers as he determines will further the purposes of this Act.

�


text:
Page:United States Statutes at Large Volume 87.djvu/441

 87

STAT.]

PUBLIC LAW 93-113-OCT. 1, 1973

(f) Xotwithstandiii«>- any other provision of law and except as provided in the second sentence of this subsection, the Director shall assign or delegate any substantial responsibility for carrying out programs under this Act only to persons appointed or employed pursuant to clauses (1) and (2) of section 402, and persons assigned or delegated such substantial responsibilities on the effective date of this Act and who are receiving compensation in accordance with provisions of law other than the applicable provisions of title 5, United States Code, on such date shall, by operation of law on such date, be assigned a grade level pursuant to such latter provisions so as to fix the compensation of such persons under such authority at no less than their compensation rate on the day preceding such date. The Director may personally make exceptions to the requirement set forth in the first sentence of this subsection for persons he finds will be assigned to carrying out functions under the Peace Corps Act (22 U.S.C. 2501 et seq.) within six months after the effective date of this Act. (g) Notwithstanding any other provision of law except as may be provided expressly in limitation of this subsection, payments to volunteers under this Act shall not in any way reduce or eliminate the level of or eligibility for assistance or services any such volunteers may be receiving under any governmental program.

409 Compensation conversion requirement.

5 USC 101 &t seq.

Exceptions.

75 Stat. 612. Government assistance, eligibility.

XATIOXAL VOLUNTARY SERVICE ADVISORY COUNCIL

SEC. 405. (a) There is hereby established in the ACTION Agency a Establishment. National Voluntary Service Advisory Council (hereinafter referred to as the "Council") to be composed of not more than twenty-five members appointed, not later than ninety days after the date of the enactment of this Act, by and serving at the pleasure of the President. Such members shall be representative of public and private organizations, groups, and individuals interested in serving and benefited by programs carried out under this Act and the Peace Corps Act (22 U.S.C. 2501 et seq.). The President shall designate a temporary chairperson from such members and shall call the initial meeting of the Council within thirty days after appointment of such Council. Members of the Council shall designate a permanent chairperson from such members and shall meet at the call of such chairperson, but not less than four times in each year. Members of the Council, other than those Pay and travel regularly employed by the Federal Government, while attending meet- expenses. ings of such Council shall receive compensation and travel expenses as provided in section 402(2) of this Act with respect to experts and consultants. The Director and Deputy Director of the ACTION Agency shall be ex officio members of the Council. Functions. (b) The Council shall— (1) advise the Director with respect to policy matters arising in the administration of this Act and the Peace Corps Act (22 U.S.C. 2501 et seq.); and (2) upon the request of the Director, review the effectiveness and the operation of programs under this Act and the Peace Corps Act and make recommendations (including such proposals for changes in such Acts as the Council deems appropriate) concerning (A) the improvement of such programs, (B) the elimination of duplication of effort, and (C) the coordination of such programs with other Federal programs designed to assist the beneficiaries of such Acts. Report to Presi(c) Not later than January 1 of each calendar year beginning with ^^^^^ for transmittal dent ^^^ the calendar year 1975, the Council shall make an annual report of To^'congre its findings and recommendations to the President for transmittal by the President to the Congress together with his comments and recommendations.

�


text:
Page:United States Statutes at Large Volume 87.djvu/442

 410

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

LABOR STANDARDS

49 Stat. 1011; 78 Stat. 238.

5 USC app.

SEC. 406. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, includingpainting and decorating of projects, buildings and works which are federally assisted under this Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, ch. 492, as amended; 40 U.S.C. 276c). REPORTS

Report to P r e s i dent for transmittal to C o n g r e s s.

SEC. 407. Not later than one hundred and twenty days after the end of each fiscal year, the Director shall prepare and submit to the President for transmittal by the President to the Congress a full and complete report on the activities of the ACTION Agency during such year. JOINT FUNDING

Grant or contract requirement, waiver.

"'"''

'•'"•""'

-•:••-•--•

-"..

SEC. 408. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, notwithstanding any other provision of law, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the ACTION Agency, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this Act, which requirement is inconsistent with the similar requirements under or pursuant to this Act. P R O H I B I T I O N OF FEDERAL CONTROL

SEC. 409. Nothing contained in this Act shall be consti-ued to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any education institution or school system. COORDINATION W I T H OTHER

PROGRAMS

SEC. 410. The Director shall take necessary steps to coordinate volunteer programs authorized under this Act with one another, with community action programs, and with other related Federal, State, and local programs. The Director shall also consult with the heads of other Federal, State, and local agencies responsible for programs related to the purposes of this Act with a view to encouraging greater use of volunteer services in those programs and establishing in connection with them systematic procedures for the recruitment, referral, or necessary preservice orientation or training of volunteers serving pursuant to this Act.

�


text:
Page:United States Statutes at Large Volume 87.djvu/443

 87 STAT. ]

PUBLIC LAW 93-113-OGT. 1, 1973

411

I'ROHIBITIOX

SEC. 411. In oider to assure that existing Federal agencies are used to the fullest extent possible in carrying out the purposes of this Act. no funds appropriated to carry out this Act shall be used to establisli any new department or office when the intended function is being performed by an existing department or office. NOTICE AND H E A R IX G PROCEDURES FOR S U S P E N S I O N TERMINATION OF F I N A N C I A L ASSISTANCE

AND

SEC. 412. The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this Act, whenever he determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that— (1) assistance under this Act shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days, nor shall an application for refunding under this Act be denied, unless the recipient has been given reasonable notice and opportunity to show cause why such action should not be taken; and (2) assistance under this Act shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing. DURATION OF PROGRAM

'"

'

1,;,,

SEC. 418. The Director shall carry out the programs provided for in this Act during the fiscal year ending June 30, 1974, and the three succeeding fiscal years. For each such fiscal year, only such sums may be appropriated as the Congress may authorize by law. DISTRIBUTION OF B E N E F I T S B E T W E E N RURAL A N D URBAN AREAS

SEC. 414. The Director shall adopt appropriate administrative measures to assure that the benefits of and services under this Act will be distributed equitably between residents of rural and urban areas. APPLICATION OF FEDERAL L A W

SEC. 415. (a) Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this Act shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment. (b) Individuals enrolled in programs under title I of this Act for '*"'®' P- ^^^• periods of service of at least one year shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of title 5, United States Code, be deemed persons employed in the execu- 5°u|c*7 ^^^' five branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and title II of ^^^ ^'^'- ^• the Social Security Act (42 LLS.C. 401 et seq.), be deemed employees " ^*^'- ^^^'•• of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of title 28, United States Code, be deemed go^stfraoe*^' employees of the United States, and (4) for the purposes of 28 USC 2671. subchapter I of chapter 81 of title 5, United States Code (relative ^ use sioi.

�


text:
Page:United States Statutes at Large Volume 87.djvu/444

 412

80 Stat. 532.

5 USC 5332 note. 80 Stat. 540.

Subsequent government employment. Ante, p. 396.

74 Stat. 844.

60 Stat. 999. 22 USC 801 note.

81 Stat. 722.

22 USC 2504 note.

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply except as follows: (A) in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS-7 employee, and subsections (a) and (b) of section 8113 of title 5, United States Code, shall apply, and (B) compensation for disability shall not begin to accrue until the day following the date on which the injured volunteer is terminated. (c) Any period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of title I of this Act, and any period of full-time service of a volunteer enrolled in a program for a period of service of at least one year under part B or C of title I of this Act, shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government— (1) for the purposes of section 852(a)(1) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1092(a)(1)), and every other Act establishing a retirement system for civilian employees of any United States Government agency; and (2J except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment. (d) Volunteers serving in programs for periods of service of at least one year under part A of title I of this Act, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991-2994d), including those whose service was completed under such Act, who the Director determines, in accordance with regulations he shall prescribe, have successfully completed their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963). (e) Notwithstanding any other provision of law, all references in any other law to persons serving as volunteers under title VIII of the Economic Opportunity Act of 1964, as amended, shall be deemed to be references to persons serving as full-time volunteers in a program of at least one year's duration under part A, B, or C of title I of this Act. EVALUATION

Standards, publication.

SEC. 416. (a) The Director shall periodically measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. (b) The Director shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objec-

�


text:
Page:United States Statutes at Large Volume 87.djvu/445

 87 STAT. ]

PUBLIC LAW 93-113-OCT. 1, 1973

413

tives of this Act. Reports submitted pursuant to section 407 shall describe the actions taken as a result of evaluations carried out under this section. (c) I n carrying out evaluations under this title, the Director shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of such programs and projects. (d) The Director shall publish summaries of the results of evalua- su1tT''"u'bru:a°uon' tions of program and project impact and effectiveness no later than sixty days after the completion thereof. (e) The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. (f) The Director is authorized to use such sums as are required, but not to exceed 1 per centum of the funds appropriated under this Act, to conduct program and project evaluations (directly, or by grants or contracts) as required by this Act. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriate therefor) shall be reduced accordingly. NONDISCRIMINATION

SEC. 417. (a) The Director shall not provide financial assistance for any program under this Act unless the grant, contract, or agreement with respect to such program specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any such program because of race, creed, belief, color, national origin, sex, age, or political affiliation. (b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with, any program or activity receiving assistance under this Act. The Director shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-l). Section 603 of such Act shall apply with respect to any action taken by the Director to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act.

78 Stat. 252,253. '*^ ^^^ ^

ELIGIBILITY FOR OTHER BENEFITS

SEC. 418. Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to titles II and III of this Act shall ^^"^^' ^^' '*'^^' be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, temporary disability, retirement, public assistance, or similar benefit payments, or minimum wage laws. This section shall become effective with respect to all payments made Effective date. after the effective date of this Act. LEGAL EXPENSES

SEC. 419. Notwithstanding any other provision of law and pursuant to regulations which the Director shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or adminis-

�


text:
Page:United States Statutes at Large Volume 87.djvu/446

 414

72 Stat. 384; !1 Stat. 268.

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

trative proceedings to which full-time volunteers (or part-time volunteers when such proceeding arises directly out of the performance of activities pursuant to this Act or section 8(b)(1) of the Small Business Act, as amended (15 U.S.C. 637(b)(1)) serving under this Act have been made parties. GUIDELINES

Publication in Federal Register.

SEC. 420. All rules, regulations, guidelines, instructions, and application forms published or promulgated pursuant to this Act shall be l)ublished in the Federal Register at least thirty days prior to their effective date, DEFINITIONS

Ante, p. 401.

86 Stat. 697.

SEC. 421, For the purposes of this Act— (1) the term "Director" means the Director of the ACTION agency; (2) the terms "United States" and "States" mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico. Guam, and American Samoa and, for the purposes of title II of this Act, the Trust Territory of the Pacific Islands; (3) the term "nonprofit" as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and (4) the term "poor" or "low-income" persons, individuals, or volunteers means such individuals whose incomes fall at or below the poverty line as set forth in section 625 of the Economic Opportunity Act of 1964, as amended by Public Law 92-424 (42 U.S.C. 297ld): Provided, That in determining who is "poor" or "lowincome", the Director shall take into consideration existing poverty guidelines as appropriate to local situations. AUDIT

Recordkeeping.

SEC. 422. (a) Each recipient of Federal grants, subgrants, contracts, subcontracts, or loans entered into under this Act other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Director shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Director or the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or loans referred to in subsection (a).

�


text:
Page:United States Statutes at Large Volume 87.djvu/447

 87 STAT. ]

PUBLIC LAW 93-113-OCT. 1, 1973

415

TITLE V—AUTHORIZATION OF APPROPRIATIONS X A T I O N A L VOLUNTEER A X T I P O V E R T Y PROGRAMS

SEC. 501. (a) There are authorized to be appropriated $37,600,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, for the purpose of carrying out title I of this Act. In each such year, of the sums appropriated pursuant to this title not less than $29,600,000 shall be expended on programs designed to eliminate poverty and poverty-related human, social, and environmental problems. Of this amount not less than $22,300,000 shall be expended on programs authorized under part A of title I in each such fiscal year. (b) Any sums authorized to be appropriated for title I of this Act in excess of $37,600,000 shall be reflected in a commensurate increase in the sums to be made available for part A of such title. N A T I O N A L O L D E R AMERICA N S VOLUNTEER

^"'*' P- 3^^-

PROGRAMS

SEC. 502. (a) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1974, and $20,000,000 each for the fiscal year ending June 30, 1975, and for the fiscal year ending June 30, 1976, respectively, to be used for the purpose of carrying out programs under part A of title II of this Act. (b)(1) There are authorized to be appropriated $32,500,000 for the fiscal year ending June 30, 1974, and $40,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under part B of such title of which (A) $26,500,000 for the fiscal year ending June 30, 1974, and $32,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (a) of section 211, and (B) $6,000,000 for the fiscal year ending June 30, 1974, and $8,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such year's for grants or contracts under subsection (b) of such section. (2) If the sums authorized to be appropriated under paragraph (1) of this subsection are not appropriated and made available in full for each such fiscal year, then such sums as are appropriated and made available for each such fiscal year shall be allocated so that— (A) any amounts appropriated not in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 211 equal $25,000,000 shall be used for grants or contracts under such subsection; and (B) any amounts appropriated in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 211 equals $31,000,000 for the fiscal year ending June 30, 1974, and $33,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be used for grants or contracts for such fiscal years under such subsection.

^"'«' P- ^oi.

Ante. p. 402.

- '

N A T I O N A L VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES A N D PROMOTE VOLUNTEER SERVICE BY PERSONS W I T H B U S I N E S S E X P E R I E N C E

SEC. 503. There are authorized to be appropriated $208,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under title III of t h i s Act.

Ante, p. 404.

�


text:
Page:United States Statutes at Large Volume 87.djvu/448

 416

PUBLIC LAW 93-113-OCT. 1, 1973

[87 STAT.

ADMINISTRATION A N D COORDINATION

Ar.te.p.405.

SEC. 504. There are authorized to be appropriated each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, respectively, such sums as may be necessary for the administration of this j ^ ^ ^ ^g authoHzed in title IV of such Act. AVAILABILITY OF APPROPRIATIONS

SEC. 505. Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program under this Act or any predecessor authority shall remain available, in accordance with the provisions of this Act, for obligation and expenditure until expended. TITLE VI — AMENDMENTS TO OTHER L A W S AND REPEALERS SUPERSEDENCE OF REORGANIZATION P L A N N U M B E R 1 OF J U L Y 1, 1971

SEC. 601. (a) Sections 1, 2 (a), 3, and 4 of Reorganization Plan 85 Stat. 819. Number 1 of 1971 (July 1, 1971) are hereby superseded. Trana^fer^of func(^) The pcrsouuel, f)roperty, records, and unexpended balances of tions. appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Director of the ACTION Agency by sections 2(a) and 4 of such reorganization plan are hereby transferred to the ACl*ION Agency established by section 401. All grants, contracts, and other agreements awarded or entered into under the authority of such reorganization plan will be recognized under comparable provisions of this Act so that there is no disruption of ongoing activities for which there is continuing authority. (c) All official actions taken by the Director of the ACTION Agency, his designee, or any other person under the authority of such reorganization plan which are in force on the effective date of this Act and for which there is continuing authority under the provisions of this Act, and the length of the period of service of volunteers serving or undergoing training under title VIII of the Economic Opportunity 81 Stat. 722. ^ c t of 1964, as amended (42 U.S.C. 2991-2994d) on the effective date of this Act, shall continue in full force and effect until modified, superseded, or revoked by the Director. (d) All references to ACTION, or the Director of ACTION in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding shall, on and after the effective date of this Act, be deemed to refer to the ACTION Agency established by section 401 and the Director thereof. (e) No suit, action, or other proceeding, and no cause of action, by or against the agency known as ACTION created by such reorganization plan, or any action by any officer thereof acting in his official capacity, shall abate by reason of enactment of this Act. (f) Persons appointed by the President, by and with the advice and consent of the Senate, to positions requiring such advice and consent under such reorganization plan may continue to serve in the same capacity in the ACTION Agency without the necessity of an additional appointment by the President or further such advice and consent by the Senate.

�