Authorizing Citation

§ 5000

TITLE 42—THE PUBLIC HEALTH AND WELFARE

105 Stat. 358; renumbered § 124 and amended Pub. L.
103–82, title III, § 333(2), title IV, § 405(a)(5), Sept. 21, 1993,
107 Stat. 903, 920, authorized the Director to award literacy challenge grants to eligible public agencies and
private organizations.

Page 5514

EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.

PRIOR PROVISIONS

EFFECTIVE DATE OF 1993 AMENDMENT

A prior section 124 of Pub. L. 93–113 was classified to
section 4994 of this title prior to repeal by Pub. L.
103–82.

Amendment by Pub. L. 103–82 effective Oct. 1, 1993,
see section 392 of Pub. L. 103–82, set out as a note under
section 4951 of this title.

EFFECTIVE DATE OF REPEAL

PART A—RETIRED AND SENIOR VOLUNTEER
PROGRAM

Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.

SUBCHAPTER II—NATIONAL SENIOR
SERVICE CORPS
CODIFICATION
Pub. L. 111–13, title II, § 2141, Apr. 21, 2009, 123 Stat.
1584, substituted ‘‘SERVICE’’ for ‘‘VOLUNTEER’’ in
heading.

§ 5000. Statement of purpose
It is the purpose of this subchapter to provide—
(1) opportunities for senior service to meet
unmet local, State, and national needs in the
areas of education, public safety, emergency
and disaster preparedness, relief, and recovery,
health and human needs, and the environment;
(2) for the National Senior Service Corps,
comprised of the Retired and Senior Volunteer
Program, the Foster Grandparent Program,
and the Senior Companion Program, and demonstration and other programs, to empower
people 55 years of age or older to contribute to
their communities through service, enhance
the lives of those who serve and those whom
they serve, and provide communities with valuable services;
(3) opportunities for people 55 years of age or
older, through the Retired and Senior Volunteer Program, to share their knowledge, experiences, abilities, and skills for the betterment
of their communities and themselves;
(4) opportunities for low-income people 55
years of age or older, through the Foster
Grandparents Program, to have a positive impact on the lives of children in need; and
(5) opportunities for low-income people 55
years of age or older, through the Senior Companion Program, to provide support services
and companionship to other older individuals
through volunteer service.
(Pub. L. 93–113, title II, § 200, as added Pub. L.
101–204, title V, § 501, Dec. 7, 1989, 103 Stat. 1815;
amended Pub. L. 103–82, title III, §§ 341(b)(1),
342(b), Sept. 21, 1993, 107 Stat. 904; Pub. L. 111–13,
title II, § 2142, Apr. 21, 2009, 123 Stat. 1584.)
AMENDMENTS
2009—Pub. L. 111–13 amended section generally. Prior
to amendment, section set forth a statement of purposes regarding the National Senior Volunteer Corps.
1993—Par. (1). Pub. L. 103–82, §§ 341(b)(1), 342(b), substituted ‘‘National Senior Volunteer Corps’’ for ‘‘Older
American Volunteer Programs’’ and ‘‘Retired and Senior Volunteer Program’’ for ‘‘retired senior volunteer
program’’.
Par. (2). Pub. L. 103–82, § 342(b), substituted ‘‘Retired
and Senior Volunteer Program’’ for ‘‘retired senior volunteer program’’.

§ 5001. Grants and contracts for volunteer service projects
(a) Approval of projects; rules and regulations
In order to help retired individuals and working older individuals to share their experiences,
abilities, and skills to improve their communities and themselves through service in their
communities, the Director is authorized to
make grants to State agencies (established or
designated pursuant to section 3025(a)(1) of this
title) 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 volunteer service projects under this section, if the Director
determines, in accordance with regulations the
Director 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 55 years of age or older
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;
(3) the project 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 project is being designed and implemented with the advice of persons competent
in the field of service to be provided, as well as
persons who have expertise in the management of volunteers and the needs of older individuals.
(b) Proportion of required local contribution; exceptions
In no event shall the required proportion of
the local contribution (including in-kind contributions) for a grant or contract made under
this section be more than 10 per centum in the
first year of assistance under this section, 20 per
centum in the second such year, and 30 per centum in any subsequent such years: Provided,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

however, That the Director may make exceptions in cases of demonstrated need, determined
(in accordance with regulations which the Director shall prescribe) on the basis of the financial
capability of a particular recipient of assistance
under this section, to permit a lesser local contribution proportion than any required contribution proportion established by the Director in
generally applicable regulations.
(c) Conditions upon award of grant or contract
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 3025(a)(1) of this
title, such agency itself is the recipient of the
award or such agency has been afforded at least
forty-five days in which to review the project
application and make recommendations thereon.
(d) Volunteer service as employment
Notwithstanding any other provision of law,
volunteer service under this part shall not be
deemed employment for any purpose which the
Director finds is not fully consistent with the
provisions and in furtherance of the purpose of
this part.
(e) Duration of grant or contract; competitive
process
(1) Beginning with fiscal year 2013 and for each
fiscal year thereafter, each grant or contract
awarded under this section, for such a year,
shall be—
(A) awarded for a period of 3 years, with an
option for a grant renewal of 3 years if the
grantee meets the performances 1 measures established under subsection (g); and
(B) awarded through a competitive process
described in paragraph (2).
(2)(A) The Corporation shall promulgate regulations establishing the competitive process required under paragraph (1)(B), and make such
regulations available to the public, not later
than 18 months after April 21, 2009. The Corporation shall consult with the directors of programs
receiving grants under this section during the
development and implementation of the competitive process.
(B) The competitive process required by subparagraph (A) shall—
(i) include the use of a peer review panel, including members with expertise in senior service and aging, to review applications;
(ii) include site inspections of programs assisted under this section, as appropriate;
(iii) in the case of an applicant who has previously received a grant or contract for a program under this section, include an evaluation
of the program conducted by a review team, as
described in subsection (f);
(iv) ensure that—
(I) the grants or contracts awarded under
this section through the competitive process
for a grant or contract cycle support an aggregate number of volunteer service years
for a given geographic service area that is
1 So

in original. Probably should be ‘‘performance’’.

§ 5001

not less than the aggregate number of volunteer service years supported under this section for such service area for the previous
grant or contract cycle;
(II) the grants or contracts awarded under
this section through the competitive process
for a grant or contract cycle maintain a
similar program distribution, as compared
to the program distribution for the previous
grant or contract cycle; and
(III) every effort is made to minimize the
disruption to volunteers; and
(v) include the use of performance measures,
outcomes, and other criteria established under
subsection (g).
(f) Evaluation process
(1) Notwithstanding section 5052 of this title,
and effective beginning 180 days after April 21,
2009, each grant or contract under this section
that expires in fiscal year 2011, 2012, or 2013 shall
be subject to an evaluation process conducted by
a review team described in paragraph (4). The
evaluation process shall be carried out, to the
maximum extent practicable, in fiscal year 2010,
2011, and 2012, respectively.
(2) The Corporation shall promulgate regulations establishing the evaluation process required under paragraph (1), and make such regulations available to the public, not later than 18
months after April 21, 2009. The Corporation
shall consult with the directors of programs receiving grants under this section during the development and implementation of the evaluation process.
(3) The evaluation process required under
paragraph (1) shall—
(A) include performance measures, outcomes, and other criteria established under
subsection (g); and
(B) evaluate the extent to which the recipient of the grant or contract meets or exceeds
such performance measures, outcomes, and
other criteria through a review of the recipient.
(4) To the maximum extent practicable, the
Corporation shall provide that each evaluation
required by this subsection is conducted by a review team that—
(A) includes individuals who are knowledgeable about programs assisted under this section;
(B) includes current or former employees of
the Corporation who are knowledgeable about
programs assisted under this section;
(C) includes representatives of communities
served by volunteers of programs assisted
under this section; and
(D) shall receive periodic training to ensure
quality and consistency across evaluations.
(5) The findings of an evaluation described in
this subsection of a program described in paragraph (1) shall—
(A) be presented to the recipient of the grant
or contract for such program in a timely,
transparent, and uniform manner that conveys
information of program strengths and weaknesses and assists with program improvement;
and
(B) be used as the basis for program improvement, and for the provision of training
and technical assistance.

§ 5001

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(g) Performance measures, outcomes, and other
criteria
(1) The Corporation shall, with particular attention to the different needs of rural and urban
programs assisted under this section, develop
performance measures, outcomes, and other criteria for programs assisted under this section
that—
(A) include an assessment of the strengths
and areas in need of improvement of a program assisted under this section;
(B) include an assessment of whether such
program has adequately addressed population
and community-wide needs;
(C) include an assessment of the efforts of
such program to collaborate with other community-based organizations, units of government, and entities providing services to seniors, taking into account barriers to such collaboration that such program may encounter;
(D) include a protocol for fiscal management
that shall be used to assess such program’s
compliance with the program requirements for
the appropriate use of Federal funds;
(E) include an assessment of whether the
program is in conformity with the eligibility,
outreach, enrollment, and other requirements
for programs assisted under this section; and
(F) contain other measures of performance
developed by the Corporation, in consultation
with the review teams described in subsection
(f)(4).
(2)(A) The performance measures, outcomes,
and other criteria established under this subsection may be updated or modified as necessary, in consultation with directors of programs under this section, but not earlier than
fiscal year 2014.
(B) For each fiscal year preceding fiscal year
2014, the Corporation may, after consulting with
directors of the programs under this section, determine that a performance measure, outcome,
or criterion established under this subsection is
operationally problematic, and may, in consultation with such directors and after notifying
the authorizing committees—
(i) eliminate the use of that performance
measure, outcome or criterion; or
(ii) modify that performance measure, outcome, or criterion as necessary to render it no
longer operationally problematic.
(3) In the event that a program does not meet
one or more of the performance measures, outcome, or criteria established under this subsection, the Corporation shall initiate procedures to terminate the program in accordance
with section 5052 of this title.
(h) Training and technical assistance
The Chief Executive Officer shall develop procedures by which programs assisted under this
section may receive training and technical assistance, which may include regular monitoring
visits to assist programs in meeting the performance measures, outcomes, and criteria.
(i) Temporary continuation of programs that fail
to meet performance measures
(1) Notwithstanding subsection (g)(3) or section 5052 of this title, the Corporation shall con-

Page 5516

tinue to fund a program assisted under this section that has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection for not
more than 12 months if the competitive process
established under subsection (e) does not result
in a successor grant or contract for such program, in order to minimize the disruption to
volunteers and the disruption of services.
(2) In the case where a program is continued
under paragraph (1), the Corporation shall conduct outreach regarding the availability of a
grant under this section for the area served by
such program and establish a new competition
for awarding the successor program to the continued program. The recipient operating the
continued program shall remain eligible for the
new competition.
(3) The Corporation may monitor the recipient
of a grant or contract supporting a program continued under paragraph (1) during this period
and may provide training and technical assistance to assist such recipient in meeting the performance measures for such program.
(j) Online resource guide
The Corporation shall develop and disseminate
an online resource guide for programs under this
section not later than 180 days after April 21,
2009, which shall include—
(1) examples of high-performing programs
assisted under this section;
(2) corrective actions for underperforming
programs; and
(3) examples of meaningful outcome-based
performance measures, outcomes, and criteria
that capture a program’s mission and priorities.
(Pub. L. 93–113, title II, § 201, Oct. 1, 1973, 87 Stat.
401; Pub. L. 93–351, § 4, July 12, 1974, 88 Stat. 357;
Pub. L. 95–478, title IV, § 402(a), Oct. 18, 1978, 92
Stat. 1556; Pub. L. 98–288, § 14(a), (b), May 21, 1984,
98 Stat. 192; Pub. L. 101–204, title IX, § 902(2), Dec.
7, 1989, 103 Stat. 1826; Pub. L. 103–82, title III,
§ 343, Sept. 21, 1993, 107 Stat. 904; Pub. L. 111–13,
title II, § 2143, Apr. 21, 2009, 123 Stat. 1584.)
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–13, § 2143(1)(A), substituted ‘‘share their experiences, abilities, and skills
to improve their communities and themselves through
service in their communities,’’ for ‘‘avail themselves of
opportunities for volunteer service in their community,’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 111–13, § 2143(1)(B), struck out
‘‘, and individuals 60 years of age or older will be given
priority for enrollment,’’ before ‘‘as volunteers’’.
Subsec. (a)(4). Pub. L. 111–13, § 2143(1)(C), substituted
‘‘designed and implemented’’ for ‘‘established and will
be carried out’’ and ‘‘field of service to be provided, as
well as persons who have expertise in the management
of volunteers and the needs of older individuals.’’ for
‘‘field of service involved, and of persons with interest
in and knowledge of the needs of older persons.’’
Subsecs. (e) to (j). Pub. L. 111–13, § 2143(2), added subsecs. (e) to (j).
1993—Subsec. (a). Pub. L. 103–82, § 343(1), substituted
‘‘retired individuals and working older individuals’’ for
‘‘retired persons’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 103–82, § 343(2), substituted ‘‘55
years of age or older’’ for ‘‘aged sixty or over’’ and inserted ‘‘, and individuals 60 years of age or older will be
given priority for enrollment,’’ after ‘‘will be enrolled’’.
1989—Subsec. (a). Pub. L. 101–204, § 902(2)(A), substituted ‘‘projects’’ for ‘‘programs’’ in introductory
provisions.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (a)(3), (4). Pub. L. 101–204, § 902(2)(B), substituted ‘‘project’’ for ‘‘program’’.
1984—Subsec. (a). Pub. L. 98–288, § 14(a), substituted
‘‘the Director’’ for ‘‘he’’ in two places in provisions before par. (1).
Subsec. (b). Pub. L. 98–288, § 14(b), substituted ‘‘and 30
per centum in any subsequent such years’’ for ‘‘30 per
centum in the third such year, 40 per centum in the
fourth such year, and 50 per centum in any subsequent
such years’’.
1978—Subsec. (a). Pub. L. 95–478, § 402(a)(1), substituted reference to section ‘‘3025(a)(1)’’ for ‘‘3024(a)(1)’’
of this title.
Subsec. (c). Pub. L. 95–478, § 402(a)(1), (2), substituted
reference to section ‘‘3025(a)(1)’’ for ‘‘3024(a)(1)’’ of this
title and decreased period for review to ‘‘forty-five’’
from ‘‘sixty’’ days.
Subsec. (d). Pub. L. 95–478, § 402(a)(3), added subsec.
(d).
1974—Subsecs. (b), (c). Pub. L. 93–351 added subsec. (b)
and redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–82 effective Oct. 1, 1993,
see section 392 of Pub. L. 103–82, set out as a note under
section 4951 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–478 effective at close of
Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out
as a note under section 3001 of this title.
AGING RESOURCE SPECIALISTS FOR COORDINATION OF
NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS
WITH STATE AND COMMUNITY PROGRAMS ON AGING
AND NUTRITION PROGRAMS FOR ELDERLY; DESIGNATION; DUTIES; DEFINITIONS
Pub. L. 94–135, title II, § 205(c), Nov. 28, 1975, 89 Stat.
727, as amended by Pub. L. 103–82, title III, § 341(b)(4),
title IV, § 405(i), Sept. 21, 1993, 107 Stat. 904, 921, provided that:
‘‘(1) In order to provide maximum coordination between programs carried out under title III and title VII
of the Older Americans Act of 1965 (42 U.S.C. 3021 et
seq.; 42 U.S.C. 3045 et seq.) and National Senior Volunteer Corps [now National Senior Service Corps] programs carried out under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.) [42 U.S.C.
5000 et seq.], in order to enhance the effectiveness of
the support provided to such National Senior Volunteer
Corps programs by the Corporation for National and
Community Service, the Chief Executive Officer of the
Corporation shall designate an aging resource specialist with respect to programs carried out in each State
under title II of the Domestic Volunteer Service Act of
1973 [this subchapter].
‘‘(2)(A) Each aging resource specialist designated
under paragraph (1) shall be qualified to serve in such
capacity by appropriate experience and training, and
shall be stationed in a State office of the Corporation.
‘‘(B) The primary responsibility of each aging resource specialist shall be—
‘‘(i) to support programs carried out under title II
of the Domestic Volunteer Service Act of 1973 [this
subchapter] in any State or other jurisdiction served
by the State office involved; and
‘‘(ii) to seek to coordinate such programs with programs carried out under title III and title VII of the
Older Americans Act of 1965 [sections 3021 et seq. and
3045 et seq. of this title] in any such State or other
jurisdiction.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘Corporation’ means the Corporation
for National and Community Service established by

§ 5011

section 191 of the National and Community Service
Act of 1990 [42 U.S.C. 12651].[;]
‘‘(B) the term ‘primary responsibility’ means the
devotion of more than one-half of regular working
hours to the performance of duties described in paragraph (2)(B); and
‘‘(C) the term ‘State’ means the several States, the
District of Columbia, the Virgin Islands, Puerto Rico,
Guam, American Samoa, and the Trust Territory of
the Pacific Islands.’’
[For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.]

PART B—FOSTER GRANDPARENT PROGRAM
§ 5011. Grants and contracts for individual service projects
(a) Foster Grandparent projects; amount
The Director is authorized to make grants to
or contracts with public and nonprofit private
agencies and organizations to pay part or all of
the cost of development and operation of
projects (including direct payments to individuals serving under this part) designed for the
purpose of providing opportunities for low-income persons age 55 or over to provide supportive person-to-person services in health, education, welfare, and related settings to children
having special or exceptional needs or circumstances identified as limiting their academic,
social, or emotional development. Such services
may include services by individuals serving as
foster grandparents to children who are individuals with disabilities, who have chronic health
conditions, who are receiving care in hospitals,
who are residing in homes for dependent and neglected children, or who are receiving services
provided by day care centers, schools, early
intervention programs under part C of the Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.), Head Start agencies under
the Head Start Act [42 U.S.C. 9831 et seq.], or
other programs, establishments, and institutions providing services for children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development. Individual foster grandparents may provide person-to-person services
to one or more children, depending on the needs
of the project and local site. The Director may
approve assistance in excess of 90 per centum of
the costs of the development and operation of
such projects only if the Director determines, in
accordance with regulations the Director shall
prescribe establishing objective criteria, that
such action is required in furtherance of the
purpose of this section. Provision for such assistance shall be effective as of September 19,
1972. In the case of any project with respect to
which, prior to such date, a grant or contract
has been made under section 3044b(a) 1 of this
title or with respect to any project under the
Foster Grandparent program in effect prior to
September 17, 1969, contributions in cash or in
kind from the Bureau of Indian Affairs, 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.
1 See

References in Text note below.