Collapse to view only § 5046. Labor standards for federally assisted projects, buildings, and works

§§ 5041, 5042. Repealed. Pub. L. 103–82, title II, § 203(b), Sept. 21, 1993, 107 Stat. 892
§ 5043. Political activities
(a) Funds use prohibition; “election” and “Federal office” defined
(b) Prohibition on program identification
(1) Programs assisted under this chapter 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—
(A) any partisan or nonpartisan political activity associated with a candidate, or a contending faction or group, in an election for public or party office;
(B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or
(C) any voter registration activity;
except that programs assisted under this chapter may make voter registration applications and nonpartisan voter registration information available to the public on the premises of such programs.
(2) In carrying out any voter registration activity permitted under paragraph (1), an individual who is affiliated with, or employed to carry out, a program assisted under this chapter shall not—
(A) indicate a preference with respect to any candidate, political party, or election issue; or
(B) seek to influence the political or party affiliation, or voting decision, of any individual.
(c) Prohibition on influencing passage or defeat of legislationNo funds appropriated to carry out this chapter shall be used by any program assisted under this chapter in any activity for the purpose of influencing the passage or defeat of legislation or proposals by initiative petition, except—
(1) in any case in which a legislative body, a committee of a legislative body, or a member of a legislative body requests any volunteer in, or employee of, such a program to draft, review, or testify regarding measures or to make representations to such legislative body, committee, or member; or
(2) in connection with an authorization or appropriations measure directly affecting the operation of the program.
(d) Enforcement; rules and regulations
(Pub. L. 93–113, title IV, § 403, Oct. 1, 1973, 87 Stat. 408; Pub. L. 96–143, §§ 8, 18(c)(1), Dec. 13, 1979, 93 Stat. 1077, 1083; Pub. L. 96–187, title I, § 112(e)(1), Jan. 8, 1980, 93 Stat. 1366; Pub. L. 99–551, § 10(i)(6), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 363, title IV, § 405(a)(7), Sept. 21, 1993, 107 Stat. 907, 920.)
§ 5044. Special limitations
(a) Volunteer activities; limitation
(b) Support costs
(c) Compensation of supervising agencies or organizations
(d) Labor or antilabor organization activities; funds use prohibition
(e) Selection procedure
(f) Government assistance; eligibility; special limitations
(1) Notwithstanding any other provision of law except as may be provided expressly in limitation of this subsection, payments to volunteers under this chapter 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, except that this paragraph shall not apply in the case of such payments when the Director determines that the value of all such payments, adjusted to reflect the number of hours such volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or the minimum wage, under the laws of the State where such volunteers are serving, whichever is the greater.
(2) Notwithstanding any other provision of law, a person enrolled for full-time service as a volunteer under subchapter I of this chapter who was otherwise entitled to receive assistance or services under any governmental program prior to such volunteer’s enrollment shall not be denied such assistance or services because of such volunteer’s failure or refusal to register for, seek, or accept employment or training during the period of such service.
(Pub. L. 93–113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408; Pub. L. 96–143, § 9, Dec. 13, 1979, 93 Stat. 1077; Pub. L. 98–288, § 19, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 10(i)(7), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 364, Sept. 21, 1993, 107 Stat. 908; Pub. L. 111–13, title II, § 2151, Apr. 21, 2009, 123 Stat. 1591.)
§ 5045. Repealed. Pub. L. 98–288, § 20(a), May 21, 1984, 98 Stat. 195
§ 5046. Labor standards for federally assisted projects, buildings, and works

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including painting and decorating of projects, buildings and works which are federally assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 3145 of title 40.

(Pub. L. 93–113, title IV, § 406, Oct. 1, 1973, 87 Stat. 410.)
§ 5047. Repealed. Pub. L. 103–82, title III, § 365, Sept. 21, 1993, 107 Stat. 908
§ 5048. Joint funding; single non-Federal share requirement; grant or contract requirement waiver

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

(Pub. L. 93–113, title IV, § 408, Oct. 1, 1973, 87 Stat. 410; Pub. L. 103–82, title IV, § 405(a)(8), Sept. 21, 1993, 107 Stat. 920.)
§ 5049. Prohibition of Federal control of educational institution or school system

Nothing contained in this chapter shall be construed 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.

(Pub. L. 93–113, title IV, § 409, Oct. 1, 1973, 87 Stat. 410.)
§ 5050. Coordination with other programs

The Director shall take necessary steps to coordinate volunteer programs authorized under this chapter 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 chapter 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 chapter. The Director, in consultation with the Director of the Office of Personnel Management and the Secretaries of Labor, Commerce, and the Treasury and officials of other appropriate departments and agencies, shall take all appropriate steps to encourage State and local governments, charitable and service organizations, and private employers (1) to take into account experience in volunteer work in the consideration of applicants for employment; and (2) to make provisions for the listing and description of volunteer work on all employment application forms.

(Pub. L. 93–113, title IV, § 410, Oct. 1, 1973, 87 Stat. 410; Pub. L. 96–143, § 10, Dec. 13, 1979, 93 Stat. 1078.)
§ 5051. Performance of functions by existing departments or offices rather than new departments or offices

In order to assure that existing Federal agencies are used to the fullest extent possible in carrying out the purposes of this chapter, no funds appropriated to carry out this chapter shall be used to establish any new department or office when the intended function is being performed by an existing department or office.

(Pub. L. 93–113, title IV, § 411, Oct. 1, 1973, 87 Stat. 411.)
§ 5052. Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications
(a) 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 chapter, whenever the Director 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 chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days;
(2) an application for refunding under this chapter may not be denied unless the recipient has been given (A) notice at least 75 days before the denial of such application of the possibility of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken;
(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the grant or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and
(4) assistance under this chapter 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.
(b) In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient agency.
(Pub. L. 93–113, title IV, § 412, Oct. 1, 1973, 87 Stat. 411; Pub. L. 98–288, § 22, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 10(i)(8), Oct. 27, 1986, 100 Stat. 3078.)
§ 5053. Repealed. Pub. L. 94–293, § 5(b)(1), May 27, 1976, 90 Stat. 526
§ 5054. Distribution of benefits between rural and urban areas

The Director shall adopt appropriate administrative measures to assure that the benefits of and services under this chapter will be distributed equitably between residents of rural and urban areas.

(Pub. L. 93–113, title IV, § 414, Oct. 1, 1973, 87 Stat. 411.)
§ 5055. Application of Federal law
(a) General rule
(b) Specific Federal legislation
(c) Subsequent Government employmentAny period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of subchapter I of this chapter, 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 (as such part was in effect on the day before April 21, 2009) or C of subchapter I of this chapter, 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 any Act establishing a retirement system for civilian employees of any United States Government agency; and
(2) 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 Office of Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], 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) Competitive service
(e) References in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter
(f) Civil actions
(1) The remedy—
(A) against the United States provided by sections 1346(b) and 2672 of title 28 or
(B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of such title 28,
for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, podiatrist, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of such person’s duties as a volunteer enrolled under subchapter I of this chapter shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such person (or such person’s estate) whose action or omission gave rise to such claim.
(2) The Attorney General of the United States shall defend any civil action or proceeding brought in any court against any person referred to in paragraph (1) of this subsection (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate supervisor or to whomever is designated by the Director to receive such papers, and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought and to the Attorney General.
(3) Upon a certification by the Attorney General that the defendant was acting in the scope of such person’s volunteer assignment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a district court of the United States determine on a hearing on a motion to remand held before a trial on the merits that the volunteer whose act or omission gave rise to the suit was not acting within the scope of such person’s volunteer assignment, the case shall be remanded to the State court.
(4) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect.
(Pub. L. 93–113, title IV, § 415, Oct. 1, 1973, 87 Stat. 411; Pub. L. 96–143, §§ 11, 18(c)(2), Dec. 13, 1979, 93 Stat. 1078, 1083; Pub. L. 96–465, title II, § 2206(h), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–551, § 10(i)(9), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103–82, title III, § 366, Sept. 21, 1993, 107 Stat. 908; Pub. L. 111–13, title II, § 2152, Apr. 21, 2009, 123 Stat. 1591.)
§ 5056. Evaluation of programs and projects
(a) General objectives; persons conducting the evaluation
(b) General standards; publication; reports of ensuing actions
(c) Opinions of participants
(d) Summaries of results; publication
(e) Federal property
(f) Evaluation of programs that relate to services that assist families caring for frail and disabled adult family members; evaluation of impact by volunteers on such programs; report to committees of CongressNot later than December 31, 1988, the Director shall—
(1) evaluate the impact of Corporation programs carried out under subchapter II that relate to services that assist families caring for frail and disabled adult family members and shall include in such evaluation information on—
(A) the range and extent of service needs of, and the services provided to, family caregivers assisted by volunteers;
(B) the characteristics of volunteers and the skills, training, and supervision necessary to provide various types of volunteer assistance to family caregivers;
(C) administrative costs, including recruitment, training, and supervision costs, associated with volunteer assistance to family caregivers; and
(D) such other issues as may be relevant to provide services to assist family caregivers;
(2) evaluate the impact that volunteers who participate in programs under parts B and C of subchapter II without receiving a stipend have on such programs and shall include in such evaluation—
(A) information on adminstrative 2
2 So in original. Probably should be “administrative”.
costs associated with such volunteers;
(B) a comparison of the quality of services provided by such volunteers and the quality of services provided by volunteers who receive a stipend under such parts, including the rate of absenteeism and turnover; and
(C) a review of the effect that participation by volunteers who do not receive such stipend have on the administration of such programs; and
(3) submit to the authorizing committees a report summarizing in detail the results of the evaluations made under paragraphs (1) and (2).
(g) Funds limitation; reduction of allotments
(Pub. L. 93–113, title IV, § 416, Oct. 1, 1973, 87 Stat. 412; Pub. L. 98–288, § 23, May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 8, Oct. 27, 1986, 100 Stat. 3075; Pub. L. 101–204, title IV, § 402, Dec. 7, 1989, 103 Stat. 1815; Pub. L. 103–82, title IV, § 405(a)(9), Sept. 21, 1993, 107 Stat. 920; Pub. L. 111–13, title II, § 2153, Apr. 21, 2009, 123 Stat. 1591.)
§ 5057. Nondiscrimination provisions
(a) In general
(1) Basis
(2) Definition
(b) Federal financial assistance
(c) Religious discrimination
(1) In general
(2) Exception
(d) Rules and regulations
(Pub. L. 93–113, title IV, § 417, Oct. 1, 1973, 87 Stat. 413; Pub. L. 96–143, § 12, Dec. 13, 1979, 93 Stat. 1079; Pub. L. 97–35, title VI, § 608(f)(3), Aug. 13, 1981, 95 Stat. 488; Pub. L. 98–288, § 30(a), May 21, 1984, 98 Stat. 197; Pub. L. 103–82, title III, § 367, Sept. 21, 1993, 107 Stat. 908.)
§ 5058. Eligibility for other benefits

Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to subchapter II of this chapter 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, workers’ compensation, or similar benefit payments, or minimum wage laws. This section shall become effective with respect to all payments made after October 1, 1973.

(Pub. L. 93–113, title IV, § 418, Oct. 1, 1973, 87 Stat. 413; Pub. L. 96–143, § 18(a)(2), Dec. 13, 1979, 93 Stat. 1083; Pub. L. 98–288, § 24, May 21, 1984, 98 Stat. 196.)
§ 5059. Legal expenses

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 administrative proceedings to which full-time volunteers (or part-time volunteers when such proceeding arises directly out of the performance of activities pursuant to this chapter) serving under this chapter have been made parties.

(Pub. L. 93–113, title IV, § 419, Oct. 1, 1973, 87 Stat. 413; Pub. L. 98–288, § 25, May 21, 1984, 98 Stat. 196; Pub. L. 99–551, § 10(g), Oct. 27, 1986, 100 Stat. 3078.)
§ 5060. Repealed. Pub. L. 103–82, title III, § 368, Sept. 21, 1993, 107 Stat. 909
§ 5061. Definitions
For the purposes of this chapter—
(1) the term “Director” means the Chief Executive Officer of the Corporation for National and Community Service appointed under section 12651c of this title;
(2) the terms “United States” and “States” mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and 1
1 So in original. The word “and” probably should not appear.
American Samoa, the Commonwealth of the Northern Mariana Islands, and, for the purposes of subchapter II of this chapter, 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;
(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. 2971d): 2
2 See References in Text note below.
Provided, That in determining who is “poor” or “low-income”, the Director shall take into consideration existing poverty guidelines as appropriate to local situations;
(5) the terms “public agencies or organizations” and “Federal, State, or local agencies” shall include any Indian tribe, band, nation, or other organized group or community (including any Alaskan native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]) which is recognized by the United States or the State in which it resides as eligible for special programs and services provided to Indians because of their status as Indians;
(6) the term “poverty line for a single individual” means such poverty line as established by the Director of the Office of Management and Budget in accordance with section 9902(2) of this title;
(7) the term “Corporation” means the Corporation for National and Community Service established under section 12651 of this title;
(8) the term “foster grandparent” means a volunteer in the Foster Grandparent Program;
(9) the term “Foster Grandparent Program” means the program established under part B of subchapter II;
(10) except as provided in section 5057 of this title, the term “individual with a disability” has the meaning given the term in section 705(20)(B) of title 29;
(11) the term “Inspector General” means the Inspector General of the Corporation;
(12) the term “national senior volunteer” means a volunteer in the National Senior Service Corps;
(13) the term “National Senior Service Corps” means the programs established under parts A, B, C, and E of subchapter II;
(14) the term “Retired and Senior Volunteer Program” means the program established under part A of subchapter II;
(15) the term “retired or senior volunteer” means a volunteer in the Retired and Senior Volunteer Program;
(16) the term “senior companion” means a volunteer in the Senior Companion Program;
(17) the term “Senior Companion Program” means the program established under part C of subchapter II;
(18) the terms “VISTA” and “Volunteers in Service to America” mean the program established under part A of subchapter I;
(19) the term “VISTA volunteer” means a volunteer in VISTA; and
(20) the term “authorizing committees” means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(Pub. L. 93–113, title IV, § 421, Oct. 1, 1973, 87 Stat. 414; Pub. L. 99–551, §§ 6(b), 10(h), Oct. 27, 1986, 100 Stat. 3074, 3078; Pub. L. 101–204, title IV, § 403, title V, § 502(b), Dec. 7, 1989, 103 Stat. 1815, 1817; Pub. L. 103–82, title IV, §§ 401, 404, 405(a)(10), Sept. 21, 1993, 107 Stat. 917, 920, 921; Pub. L. 105–220, title IV, § 414(e), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 108–36, title III, § 306, June 25, 2003, 117 Stat. 825; Pub. L. 111–13, title II, § 2154, Apr. 21, 2009, 123 Stat. 1591.)
§ 5062. Audit
(a) Recordkeeping
(b) Access to books, documents, papers, and records; limitations
(Pub. L. 93–113, title IV, § 422, Oct. 1, 1973, 87 Stat. 414; Pub. L. 103–82, title III, § 369, Sept. 21, 1993, 107 Stat. 909.)
§ 5063. Reduction of paperwork

In order to reduce unnecessary, duplicative, or disruptive demands for information, the Director, in consultation with other appropriate agencies and organizations, shall continually review and evaluate all requests for information made under this chapter and take such action as may be necessary to reduce the paperwork required under this chapter. The Director shall request only such information as the Director deems essential to carry out the purposes and provisions of this chapter.

(Pub. L. 93–113, title IV, § 423, as added Pub. L. 96–143, § 14(a), Dec. 13, 1979, 93 Stat. 1081.)
§ 5064. Review of project renewals

If the executive authority of any State or local government submits to the Director, not later than 30 days before the expiration of any contract or grant to carry out any project under this chapter, a statement which objects to the renewal of such contract or grant, then the Director shall (1) review such statement and take it into account in determining whether to renew such contract or grant; and (2) submit to such executive authority a written statement of reasons regarding the Director’s determination with respect to such renewal and specifically with respect to any objection so submitted.

(Pub. L. 93–113, title IV, § 424, as added Pub. L. 96–143, § 14(a), Dec. 13, 1979, 93 Stat. 1081.)
§ 5065. Protection against improper use
Whoever falsely—
(1) advertises or represents; or
(2) publishes or displays any sign, symbol, or advertisement, reasonably calculated to convey the impression,
that an entity is affiliated with, funded by, or operating under the authority of the Corporation, VISTA, or any of the programs of the National Senior Service Corps may be enjoined under an action filed by the Attorney General, on a complaint by the Director.
(Pub. L. 93–113, title IV, § 425, as added and amended Pub. L. 103–82, title III, § 370, title IV, § 405(a)(11), Sept. 21, 1993, 107 Stat. 909, 921; Pub. L. 111–13, title II, § 2155, Apr. 21, 2009, 123 Stat. 1592.)
§ 5066. Provisions under the National and Community Service Act of 1990

The Corporation shall carry out this chapter in accordance with the provisions of this chapter and the relevant provisions of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), particularly the provisions of section 122 and subtitle F of title I of the National and Community Service Act of 1990 (42 U.S.C. 12572, 12631 et seq.) relating to the national service laws.

(Pub. L. 93–113, title IV, § 426, as added Pub. L. 111–13, title II, § 2156, Apr. 21, 2009, 123 Stat. 1592.)