Authorizing Citation

VISTA Authorizing Citation 42 USC 4953.pdf

VISTA Sponsor Survey

Authorizing Citation

OMB: 3045-0191

Document [pdf]
Download: pdf | pdf
§ 4952

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sons affected by such problems.’’ for ‘‘exploit opportunities for self-advancement by persons afflicted with
such problems.’’ and in third sentence ‘‘at the local
level, to support efforts by local agencies and community organizations to achieve long-term sustainability
of projects, and to strengthen local agencies and community organizations to carry out the objectives of
this part.’’ for ‘‘at the local level, and to strengthen
local agencies and organizations to carry out the purpose of this part.’’
1993—Pub. L. 103–82 amended last sentence generally.
Prior to amendment last sentence read as follows: ‘‘In
addition the objective of this part is to generate the
commitment of private sector resources and to encourage volunteer service at the local level to carry out the
purposes set forth in this section.’’
1984—Pub. L. 98–288, in second sentence, inserted ‘‘and
alleviate’’ after ‘‘eliminate’’, struck out ‘‘human, social, and environmental’’ after ‘‘poverty-related’’, inserted ‘‘, all geographical areas,’’ after ‘‘all walks of
life’’ and ‘‘low-income individuals,’’ before ‘‘elderly’’,
and inserted at end ‘‘In addition the objective of this
part is to generate the commitment of private sector
resources and to encourage volunteer service at the
local level to carry out the purposes set forth in this
section.’’
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–82, title III, § 392, Sept. 21, 1993, 107 Stat.
917, provided that: ‘‘This subtitle [subtitle B (§§ 311–392)
of title III of Pub. L. 103–82, enacting sections 5028,
5028a, and 5065 of this title, amending this section, sections 4952 to 4955, 4957, 4959, 4960, 4971 to 4973, 4992, 4993,
5000, 5001, 5011, 5013, 5021, 5024 to 5026, 5041 to 5044, 5055,
5057, 5062, 5081, 5082, and 5084 of this title, and sections
8143, 8332, 8334, 8411, and 8422 of Title 5, Government Organization and Employees, repealing sections 4974, 4994,
5012, 5047, 5060, and 5091 to 5091n of this title, enacting
provisions set out as notes under sections 4950 and 4952
of this title and section 8332 of Title 5, and amending
provisions set out as notes under sections 4950 and 5001
of this title] shall become effective on October 1, 1993.’’

§ 4952. Authority to operate VISTA program
This part shall be administered by one of the
Assistant Directors appointed pursuant to section 12651e(d)(1)(A) of this title. Such Director
may recruit, select, and train persons to serve in
full-time volunteer programs consistent with
the provisions and to carry out the purpose of
this part.
(Pub. L. 93–113, title I, § 102, Oct. 1, 1973, 87 Stat.
396; Pub. L. 98–288, § 3, May 21, 1984, 98 Stat. 189;
Pub. L. 101–204, title I, § 101(d)(1), Dec. 7, 1989, 103
Stat. 1811; Pub. L. 103–82, title III, § 322(a), Sept.
21, 1993, 107 Stat. 899.)
AMENDMENTS
1993—Pub. L. 103–82 substituted ‘‘This part shall be
administered by one of the Assistant Directors appointed pursuant to section 12651e(d)(1)(A) of this title.
Such Director’’ for ‘‘The Director’’.
1989—Pub. L. 101–204 struck out subsec. (a) designation before ‘‘The Director may’’, struck out subsec. (b)
which related to replacement of applicants who become
unavailable for service, and struck out subsec. (c)
which related to age quotas.
1984—Subsec. (a). Pub. L. 98–288 designated existing
provisions as subsec. (a) and added subsecs. (b) and (c).
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–82, title III, § 322(b), Sept. 21, 1993, 107
Stat. 899, provided that: ‘‘The amendments made by

Page 5652

subsection (a) [amending this section] shall take effect
on the effective date of section 203(b).’’ [Section 203(b)
of Pub. L. 103–82 is effective 18 months after Sept. 21,
1993, or on such earlier date as the President shall determine to be appropriate and announce by proclamation in the Federal Register, see section 203(d) of Pub.
L. 103–82, set out as a note under section 12651 of this
title.]

§ 4953. Selection and assignment of volunteers
(a) Covered projects and programs
The Director, on the receipt of applications by
public or nonprofit private organizations to receive volunteers under this part, may assign volunteers selected under subsection (b) to work in
appropriate projects and programs sponsored by
such organizations, including work—
(1) in meeting the health, education, welfare,
or related needs of Indians living on 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, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands;
(2) in the care and rehabilitation of mentally
ill, developmentally disabled, and other individuals with disabilities, especially individuals with severe disabilities;
(3) in addressing the problems of the homeless, unemployed individuals, and low-income
youths;
(4) in addressing the special needs connected
with alcohol and drug abuse through prevention, education, rehabilitation, treatment, and
related activities, consistent with the purpose
of this part;
(5) in addressing significant health care
problems, including mental illness, chronic
and life-threatening illnesses, and health care
for homeless individuals (especially homeless
children) through prevention, treatment, and
community-based care activities;
(6) in connection with programs or activities
authorized, supported, or of a character eligible for assistance under this chapter or the
Community Service Block Grant Act [42
U.S.C. 9901 et seq.], titles VIII and X of the
Economic Opportunity Act of 1964 [42 U.S.C.
2991 et seq., 2996 et seq.], the Head Start Act
[42 U.S.C. 9831 et seq.], the Community Economic Development Act of 1981 [42 U.S.C. 9801
et seq.], or other similar Acts, in furtherance
of the purpose of this subchapter;
(7) in strengthening, supplementing, and expanding efforts to address the problem of illiteracy throughout the United States;
(8) in assisting with the reentry and reintegration of formerly incarcerated youth
and adults into society, including providing
training and counseling in education, employment, and life skills;
(9) in developing and carrying out financial
literacy, financial planning, budgeting, saving,
and reputable credit accessibility programs in
low-income communities, including those programs that educate individuals about financing home ownership and higher education;
(10) in initiating and supporting beforeschool and after-school programs, serving children in low-income communities, that may en-

Page 5653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

gage participants in mentoring, tutoring, life
skills and study skills programs, service-learning, physical, nutrition, and health education
programs, and other activities addressing the
needs of the children;
(11) in establishing and supporting community economic development initiatives, with a
priority on work on such initiatives in rural
areas and the other areas where such initiatives are needed most;
(12) in assisting veterans and their family
members through establishing or augmenting
programs that assist such persons with access
to legal assistance, health care (including
mental health care), employment counseling
or training, education counseling or training,
affordable housing, and other support services;
and
(13) in addressing the health and wellness of
individuals in low-income communities and
individuals in underserved communities, including programs to increase access to preventive services, insurance, and health services.
(b) Recruitment and placement procedures for
local and national placement of volunteers;
establishment, requirements, etc.
(1) The Director shall establish placement procedures that involve sponsoring organizations
and that offer opportunities for both local and
national placement of volunteers for service
under this part.
(2)(A) The Director shall establish and maintain within the national headquarters of the
Corporation (or any successor entity of such
agency) a volunteer placement office which
shall be responsible for all functions related to
the recruitment and placement of volunteers
under this part. Such functions and activities
shall be carried out in coordination or in conjunction with recruitment and placement activities carried out under the National and Community Service Act of 1990 [42 U.S.C. 12501 et seq.].
(B) Such volunteer placement office shall develop, operate, and maintain a current and comprehensive database that provides information—
(i) to individuals, with respect to specific opportunities for service as a volunteer with approved projects or programs to which no volunteer has been assigned; and
(ii) to approved projects or programs, with
respect to the availability of individuals
whose applications for service as a volunteer
have been approved and who are awaiting an
assignment with a specific project or program.
(C) The Director shall assign or hire as necessary, such additional national, regional, and
State personnel to carry out the functions described in this subsection and subsection (c) as
may be necessary to ensure that such functions
are carried out in a timely and effective manner.
The Director shall give priority in the hiring of
such additional personnel to individuals who
have formerly served as volunteers under this
part and to individuals who have specialized experience in the recruitment and management of
volunteers.
(3) Volunteers shall be selected from among
qualified individuals submitting an application
for such service at such time, in such form, and
containing such information as may be nec-

§ 4953

essary to evaluate the suitability of each individual for such service and to determine, in accordance with paragraph (7),1 the most appropriate assignment for each such volunteer. The
Director shall approve the application of each
individual who applies in conformance with this
subsection and who, on the basis of the information provided in the application, is determined
by the Director to be qualified to serve as a volunteer under this part.
(4) The Director shall ensure that applications
for service as a volunteer under this part are
available to the public on request to the Corporation (including any State or regional offices
of the Agency) 2 and that an individual making
such request is informed of the manner in which
such application is required to be submitted. A
completed application may be submitted by any
interested individual to, and shall be accepted
by, any office of the Corporation.
(5)(A) The Director shall provide for the assignment of each applicant approved as a volunteer under this part to a project or program that
is, to the maximum extent practicable, consistent with the abilities, experiences, and preferences of such applicant that are set forth in
the application described in paragraph (4) and
the needs and preferences of projects or programs approved for the assignment of such volunteers.
(B) In carrying out subparagraph (A), the Director shall utilize the database established
under paragraph (2)(B).
(C) A sponsoring organization of VISTA may
recruit volunteers for service under this part.
The Director shall give a locally recruited volunteer priority for placement in the sponsoring
organization of VISTA that recruited such volunteer.
(D) A volunteer under this part shall not be assigned to any project or program without the express approval and consent of such project or
program.
(E) If an applicant under this part who is recruited locally becomes unavailable for service
prior to the commencement of service, the recipient of the project grant or contract that was
designated to receive the services of such applicant may replace such applicant with another
qualified applicant approved by the Director.
(F) If feasible and appropriate, low-income
community volunteers shall be given the option
of serving in the home communities of such volunteers in teams with nationally recruited specialist volunteers. The Director shall attempt to
assign such volunteers to serve in the home or
nearby communities of such volunteers and
shall make national efforts to attract other individuals to serve in the VISTA program. The
Director shall also, in the assignment of volunteers under this subparagraph, recognize that
community-identified needs that cannot be met
in the local area and the individual desires of
VISTA volunteers in regard to the service in
various geographical areas of the United States
should be taken into consideration.
1 So
2 So

in original. Probably should be paragraph ‘‘(5)’’.
in original. Probably should be ‘‘the Corporation)’’.

§ 4953

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Public awareness and recruit activities; dissemination of information; reimbursement of
costs; coordination; obligation of funds
(1) The Director, in conjunction with the personnel described in subsection (b)(2)(C), shall engage in public awareness and recruitment activities. Such activities may include—
(A) public service announcements through
the Internet and related technologies, radio,
television, and the print media;
(B) advertising through the Internet and related technologies, print media, direct mail,
and other means;
(C) disseminating information about opportunities for service as a volunteer under this
part to relevant entities including institutions
of higher education and other educational institutions (including libraries), professional
associations,
community-based
agencies,
youth service and volunteer organizations,
business organizations, labor unions, senior
citizens organizations, State or local offices of
economic development, State employment security agencies, employment offices, and other
institutions and organizations from or
through which potential volunteers may be recruited;
(D) disseminating such information through
presentations made personally by employees
of the Corporation or other designees of the
Director, to students and faculty at institutions of higher education and to other entities
described in subparagraph (C), including presentations made at the facilities, conventions,
or other meetings of such entities;
(E) publicizing the student loan deferment
and forgiveness opportunities available to
VISTA volunteers under parts B and E of title
IV of the Higher Education Act of 1965 [20
U.S.C. 1071 et seq., 1087aa et seq.] and including such information in all applications and
recruitment materials;
(F) publicizing national service educational
awards available under the National and Community Service Act of 1990 [42 U.S.C. 12501 et
seq.];
(G) providing, on request, technical assistance with the recruitment of volunteers under
this part to programs and projects receiving
assistance under this part; and
(H) maintaining and publicizing a national
toll-free telephone number through which individuals may obtain information about opportunities for service as a volunteer under
this part and request and receive an application for such service.
(2) In designing and implementing the activities authorized under this section, the Director
shall seek to involve individuals who have formerly served as volunteers under this part to assist in the dissemination of information concerning the program established under this part.
The Director may reimburse the costs incurred
by such former volunteers for such participation, including expenses incurred for travel.
(3) The Director shall consult with the Director of the Peace Corps to coordinate the recruitment and public awareness activities carried out
under this subsection with those of the Peace
Corps and to develop joint procedures and ac-

Page 5654

tivities for the recruitment of volunteers to
serve under this part.
(d) Provision of plans to volunteers for job advancement; coordination with private industry councils or local workforce investment
boards
The Director shall provide each low-income
community volunteer with an individual plan
for job advancement or for transition to a situation leading to gainful employment. Whenever
feasible, such efforts shall be coordinated with
an appropriate local workforce development
board established under section 3122 of title 29.
(e) Educational and vocational counseling for
volunteers; Director to provide
The Director may provide or arrange for educational and vocational counseling of volunteers
and recent former volunteers under this part to
(1) 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 (2) promote the
development of appropriate opportunities for
the use of such skills and experience, and the
placement therein of such volunteers.
(f) Terms and conditions; restrictions on political
activities; place of service
Except as provided in subsection (e), the 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.
(g) Program or project submittal to Governor;
commencement and termination of service
Volunteers under this part shall not be assigned to work in a program or project in any
community unless the application for such program or project contains evidence of local support and has been submitted to the Governor or
other chief executive officer of the State concerned. In the event of a timely request in writing, supported by a statement of reasons, by the
Governor or other chief executive officer of the
State concerned, the Director shall terminate a
program or project or the assignment of a volunteer to a program or project not later than 30
days after the date such request is received by
the Director, or at such later date as is agreed
upon by the Director and such Governor or other
chief executive officer.
(h) Interagency agreements
The Director is encouraged to enter into
agreements with other Federal agencies to use
VISTA volunteers in furtherance of program objectives that are consistent with the purposes
described in section 4951 of this title.
(i) Agreements with nonprofit organizations
The Director may enter into agreements under
which public and private nonprofit organizations, with sufficient financial capacity and size,
pay for all or a portion of the costs of supporting
the service of volunteers under this part.

Page 5655

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 93–113, title I, § 103, Oct. 1, 1973, 87 Stat.
396; Pub. L. 96–143, § 2, Dec. 13, 1979, 93 Stat. 1074;
Pub. L. 98–288, § 4(a)–(c)(1), (d), May 21, 1984, 98
Stat. 189, 190; Pub. L. 99–551, § 3(a), Oct. 27, 1986,
100 Stat. 3071; Pub. L. 101–204, title I, § 101(a), (b),
(d)(2), title VII, § 701, Dec. 7, 1989, 103 Stat. 1807,
1809, 1811, 1820; Pub. L. 103–82, title III, § 323, title
IV, § 405(a)(2)–(4), Sept. 21, 1993, 107 Stat. 899, 920;
Pub. L. 103–304, § 3(b)(7), (8), Aug. 23, 1994, 108
Stat. 1568; Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 405(d)(36)(A), (f)(28)(A)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–427, 2681–434; Pub. L. 111–13,
title II, § 2102, Apr. 21, 2009, 123 Stat. 1582; Pub. L.
113–128, title V, § 512(h), July 22, 2014, 128 Stat.
1708.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(6), was in the
original ‘‘this Act’’, meaning Pub. L. 93–113, Oct. 1, 1973,
87 Stat. 394, known as the Domestic Volunteer Service
Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 4950 of this
title and Tables.
The Community Service Block Grant Act, referred to
in subsec. (a)(6), probably means the Community Services Block Grant Act, which is subtitle B (§ 671 et seq.)
of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511,
which is classified generally to chapter 106 (§ 9901 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 9901 of this title and Tables.
The Economic Opportunity Act of 1964, referred to in
subsec. (a)(6), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat.
508. Titles VIII and X of the Act are classified generally
to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.),
respectively, of chapter 34 of this title. For complete
classification of this Act to the Code, see Tables.
The Head Start Act, referred to in subsec. (a)(6), is
subchapter B (§§ 635–657) of chapter 8 of subtitle A of
title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499,
which is classified generally to subchapter II (§ 9831 et
seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 9801 of this title and Tables.
The Community Economic Development Act of 1981,
referred to in subsec. (a)(6), is subchapter A (§§ 611–633)
of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
Aug. 13, 1981, 95 Stat. 489, which is classified generally
to subchapter I (§ 9801 et seq.) of chapter 105 of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
this title and Tables.
The National and Community Service Act of 1990, referred to in subsecs. (b)(2)(A) and (c)(1)(F), is Pub. L.
101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified
principally to chapter 129 (§ 12501 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 12501 of this title
and Tables.
The Higher Education Act of 1965, referred to in subsec. (c)(1)(E), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219.
Parts B and E of title IV of the Higher Education Act
of 1965 are classified to parts B (§ 1071 et seq.) and E
(§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set
out under section 1001 of Title 20 and Tables.
AMENDMENTS
2014—Subsec. (d). Pub. L. 113–128 substituted ‘‘employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 3122 of title 29.’’
for ‘‘employment. Whenever feasible, such efforts shall
be coordinated with an appropriate local workforce investment board established under section 2832 of title
29.’’.

§ 4953

2009—Subsec. (a)(1). Pub. L. 111–13, § 2102(1)(A), inserted ‘‘the Commonwealth of the Northern Mariana Islands,’’ after ‘‘American Samoa,’’.
Subsec. (a)(2). Pub. L. 111–13, § 2102(1)(B), substituted
‘‘individuals with disabilities, especially individuals
with severe disabilities;’’ for ‘‘handicapped individuals,
especially those with severe handicaps;’’.
Subsec. (a)(3). Pub. L. 111–13, § 2102(1)(C), substituted
‘‘unemployed individuals,’’ for ‘‘the jobless, the hungry,’’.
Subsec. (a)(4). Pub. L. 111–13, § 2102(1)(D), substituted
‘‘through prevention, education, rehabilitation, treatment,’’ for ‘‘prevention, education,’’.
Subsec. (a)(5). Pub. L. 111–13, § 2102(1)(E), substituted
‘‘mental illness, chronic and life-threatening illnesses,’’
for ‘‘chronic and life-threatening illnesses’’.
Subsec. (a)(6). Pub. L. 111–13, § 2102(1)(F)(i), which directed substitution of ‘‘Head Start Act’’ for ‘‘Headstart
act’’, was executed by making the substitution for
‘‘Headstart Act’’ to reflect the probable intent of Congress.
Subsec. (a)(8) to (13). Pub. L. 111–13, § 2102(1)(F)(ii)–(H),
added pars. (8) to (13).
Subsec. (b)(1). Pub. L. 111–13, § 2102(2)(A), substituted
‘‘placement procedures that involve sponsoring organizations and’’ for ‘‘recruitment and placement procedures’’.
Subsec. (b)(2)(A). Pub. L. 111–13, § 2102(2)(B)(i), substituted ‘‘Community Service Act of 1990.’’ for ‘‘Community Service Trust Act of 1993. Upon the transfer of
the functions of the ACTION Agency to the Corporation for National and Community Service, the office established under this subparagraph shall be merged with
the recruitment office of such Corporation. At no time
after such transfer of functions shall more than one office responsible primarily for recruitment exist within
the Corporation.’’
Subsec. (b)(2)(B). Pub. L. 111–13, § 2102(2)(B)(ii), substituted ‘‘database that provides’’ for ‘‘central information system that shall, on request, promptly provide’’
in introductory provisions.
Subsec. (b)(2)(C). Pub. L. 111–13, § 2102(2)(B)(iii), inserted ‘‘and management’’ after ‘‘the recruitment’’ in
second sentence.
Subsec. (b)(5)(B). Pub. L. 111–13, § 2102(2)(C), substituted ‘‘database’’ for ‘‘information system’’.
Subsec. (c)(1)(A). Pub. L. 111–13, § 2102(3)(A)(i), inserted ‘‘the Internet and related technologies,’’ before
‘‘radio,’’.
Subsec. (c)(1)(B). Pub. L. 111–13, § 2102(3)(A)(ii), inserted ‘‘Internet and related technologies,’’ before
‘‘print media,’’.
Subsec. (c)(1)(C). Pub. L. 111–13, § 2102(3)(A)(iii), inserted ‘‘State or local offices of economic development,
State employment security agencies, employment offices,’’ before ‘‘and other institutions’’.
Subsec. (c)(1)(F). Pub. L. 111–13, § 2102(3)(A)(iv), substituted ‘‘Community Service Act of 1990’’ for ‘‘Community Service Trust Act of 1993’’.
Subsec. (c)(4). Pub. L. 111–13, § 2102(3)(B), struck out
par. (4) which read as follows: ‘‘Beginning in fiscal year
1991 and for each fiscal year thereafter, for the purpose
of carrying out this subsection, the Director shall obligate not less than 1.5 percent of the amounts appropriated for each fiscal year under section 5081(a) of this
title.’’
Subsec. (d). Pub. L. 111–13, § 2102(4), struck out ‘‘private industry council established under the Job Training Partnership Act or’’ after ‘‘coordinated with an appropriate’’. See 1998 Amendment note below.
Subsec. (g). Pub. L. 111–13, § 2102(5), struck out ‘‘, and
such Governor or other chief executive officer has not,
within 45 days of the date of such submission, notified
the Director in writing, supported by a statement of
reasons, that such Governor or other chief executive officer disapproves such program or project’’ before period at end of first sentence.
Subsec. (i). Pub. L. 111–13, § 2102(6), added subsec. (i).
1998—Subsec. (d). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(28)(A)], which directed amendment of the second

§ 4953

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sentence to read ‘‘private industry council established
under the Job Training Partnership Act or’’, was not
executed, to reflect the probable intent of Congress and
subsequent amendment by Pub. L. 111–13, § 2102(4).
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(36)(A)], substituted ‘‘Whenever feasible, such efforts shall be coordinated with an appropriate private industry council
established under the Job Training Partnership Act or
local workforce investment board established under
section 2832 of title 29.’’ for ‘‘Whenever feasible, such efforts shall be coordinated with an appropriate private
industry council under the Job Training Partnership
Act.’’
1994—Subsec. (b)(5), (6). Pub. L. 103–304, § 3(b)(7), redesignated par. (6) as (5).
Subsec. (c)(1)(F). Pub. L. 103–304, § 3(b)(8), realigned
margin.
1993—Subsec. (a). Pub. L. 103–82, § 323(a)(1), substituted ‘‘public’’ for ‘‘a public’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 103–82, § 323(a)(2), directed
amendment of par. (2) by striking ‘‘and’’ at end. See
1984 Amendment note below.
Subsec. (a)(3). Pub. L. 103–82, § 323(a)(3), struck out
‘‘illiterate or functionally illiterate youth and other
individuals,’’ after ‘‘the hungry,’’.
Subsec. (a)(5). Pub. L. 103–82, § 323(a)(4), struck out
‘‘and’’ at end.
Subsec. (a)(6). Pub. L. 103–82, § 323(a)(5), struck out
‘‘or’’ before ‘‘the Community Economic’’, inserted ‘‘or
other similar Acts,’’ before ‘‘in furtherance of’’, and
substituted ‘‘; and’’ for period at end.
Subsec. (a)(7). Pub. L. 103–82, § 323(a)(6), added par. (7).
Subsec. (b)(2)(A). Pub. L. 103–82, § 405(a)(2), substituted ‘‘the Corporation (or any’’ for ‘‘the ACTION
Agency (or any’’.
Pub. L. 103–82, § 323(b)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
‘‘The Director shall establish and maintain within the
national headquarters of the ACTION Agency a volunteer placement office. The office shall be headed by an
individual designated by the Director to be the national Administrator of Recruitment and Placement,
who shall be responsible for carrying out the functions
described in this subsection and subsection (c) and all
other functions delegated by the Director relating to
the recruitment and placement of volunteers under this
part.’’
Subsec. (b)(2)(C), (D). Pub. L. 103–82, § 323(b)(1)(B), (C),
redesignated subpar. (D) as (C) and struck out former
subpar. (C) which read as follows: ‘‘The Director shall,
at a minimum, designate one employee of the ACTION
Agency in each region of the United States whose primary duties and responsibilities shall be to assist the
Administrator in carrying out the functions described
in this subsection and subsection (c).’’
Subsec. (b)(4). Pub. L. 103–82, § 405(a)(3), substituted
‘‘the Corporation’’ for ‘‘the ACTION Agency’’ in two
places.
Pub. L. 103–82, § 323(b)(2), (3), redesignated par. (5) as
(4) and struck out former par. (4) which read as follows:
‘‘Each application for service as a volunteer under this
part shall—
‘‘(A) indicate the period of time during which the
applicant is available to serve as a volunteer under
this part;
‘‘(B) describe the previous education, training, military and work experience, and any other relevant
skills or interests of the applicant;
‘‘(C) specify the State or geographic region in which
the applicant prefers to be assigned; and
‘‘(D) specify—
‘‘(i) the type of project or program to which the
applicant prefers to be assigned; or
‘‘(ii) the particular project or program to which
the applicant prefers to be assigned.’’
Subsec. (b)(5) to (7). Pub. L. 103–82, § 323(b)(2), (3), redesignated pars. (5) and (7) as (4) and (6), respectively,
and struck out former par. (6) which read as follows:
‘‘Completed applications received by the ACTION

Page 5656

Agency shall be forwarded to the regional ACTION office representing the State in which such applicant resides. The regional or State employees designated in
subparagraphs (C) and (D) of paragraph (2) shall assist
in evaluating such applications and, to the extent feasible and appropriate, interviewing applicants.’’
Subsec. (c)(1). Pub. L. 103–82, § 323(c)(1)(A), (B), in introductory provisions, substituted ‘‘personnel described
in subsection (b)(2)(C)’’ for ‘‘regional or State employees designated in subparagraphs (C) and (D) of subsection (b)(2)’’ and ‘‘Such activities may include’’ for
‘‘Such activities shall include’’.
Subsec. (c)(1)(D). Pub. L. 103–82, § 405(a)(4), substituted
‘‘the Corporation’’ for ‘‘the ACTION Agency’’.
Subsec. (c)(1)(F) to (H). Pub. L. 103–82, § 323(c)(1)(C),
(D), added subpar. (F) and redesignated former subpars.
(F) and (G) as (G) and (H), respectively.
Subsec. (c)(4) to (6). Pub. L. 103–82, § 323(c)(2), (3), redesignated par. (6) as (4) and struck out former par. (4)
which required Director to develop annual plan for recruitment of volunteers under this part and former par.
(5) which required that at least 20 percent of volunteers
under this part be between ages 18 and 27 and that at
least 20 percent be 55 or older.
Subsec. (h). Pub. L. 103–82, § 323(d), added subsec. (h).
1989—Pub. L. 101–204, § 101(d)(2)(A), substituted ‘‘Selection and assignment’’ for ‘‘Assignment’’ in section
catchline.
Subsec. (a). Pub. L. 101–204, § 101(d)(2)(B), inserted introductory provisions and struck out former introductory provisions which read as follows: ‘‘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 the local communities in which the volunteers were recruited in appropriate projects and programs, including work—’’.
Subsec. (a)(5), (6). Pub. L. 101–204, § 701, added par. (5)
and redesignated former par. (5) as (6).
Subsec. (b). Pub. L. 101–204, § 101(a), amended subsec.
(b) generally. Prior to amendment subsec. (b) read as
follows: ‘‘The Director shall establish, at a cost not to
exceed $250,000, procedures to recruit and place individuals from all walks of life, age groups, economic levels,
and geographic areas to serve as VISTA volunteers.
The procedures shall include an information system to
ensure that potential applicants are made aware of the
broad range of VISTA volunteer opportunities and a
system to identify and place qualified volunteers where
their skills are most needed. The Director shall also establish procedures for national and local recruitment,
media and public awareness efforts, and specialized
campaigns designed to recruit recent college graduates,
special skilled volunteers, and individuals 55 years of
age and older. The Director, wherever feasible and appropriate, shall assign low-income community volunteers to serve in their home communities in teams with
nationally recruited specialist volunteers. The Director
shall make efforts to assign volunteers to serve in their
home or nearby communities and shall make national
efforts to attract other volunteers to serve in the
VISTA program. The Director shall also, in the assignment of volunteers, recognize that the community
identified needs which cannot be met in the local area,
and the individual desires of VISTA volunteers in regard to placement in various geographic areas of the
Nation, should be taken into consideration.’’
Subsecs. (c) to (e). Pub. L. 101–204, § 101(b), added subsec. (c) and redesignated former subsecs. (c) and (d) as
(d) and (e), respectively.
Subsec. (f). Pub. L. 101–204, § 101(b)(1), (d)(2)(C), redesignated subsec. (e) as (f) and substituted reference to
subsec. (e) of this section for reference to subsec. (d) of
this section. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 101–204, § 101(b)(1), redesignated
former subsec. (f) as (g).
1986—Subsec. (b). Pub. L. 99–551 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘The Director, wherever feasible and appropriate,
shall assign low-income community volunteers to serve
in their home communities in teams with nationally

Page 5657

TITLE 42—THE PUBLIC HEALTH AND WELFARE

recruited specialist volunteers. The Director shall
make efforts to assign volunteers to serve in their
home communities or in nearby communities and shall
make national efforts to attract other volunteers to
serve in the VISTA program.’’
1984—Subsec. (a). Pub. L. 98–288, § 4(a)(1), inserted ‘‘in
the local communities in which the volunteers were recruited’’ and inserted ‘‘, including work’’ in provisions
before par. (1).
Subsec. (a)(2). Pub. L. 98–288, § 4(a)(2), which directed
substitution of a semicolon for ‘‘, under the supervision
of nonprofit institutions or facilities, and’’, was executed by making the substitution for ‘‘, under the supervision of nonprofit institutions or facilities; and’’ to
reflect the probable intent of Congress.
Subsec. (a)(3), (4). Pub. L. 98–288, § 4(a)(4), added pars.
(3) and (4). Former par. (3) redesignated (5).
Subsec. (a)(5). Pub. L. 98–288, § 4(a)(3), (4), redesignated par. (3) as (5), and substituted ‘‘the Community
Service Block Grant Act, titles VIII and X of the Economic Opportunity Act of 1964, the Headstart Act, or
the Community Economic Development Act of 1981,’’
for ‘‘the Economic Opportunity Act of 1964, as amended’’.
Subsec. (b). Pub. L. 98–288, § 4(b), substituted ‘‘The Director shall make efforts to assign volunteers to serve
in their home communities or in nearby communities
and shall make national efforts to attract other volunteers to serve in the VISTA program’’ for ‘‘Not later
than 30 days after 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. The Director shall offer to
provide each volunteer enrolled for a period of full-time
service of not less than one year under this subchapter,
and, upon the request of such volunteer, provide such
volunteer with an individual and updated plan as described in the preceding two sentences’’.
Subsecs. (c), (d). Pub. L. 98–288, § 4(c)(1)(B), added subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated subsecs. (e) and (f), respectively.
Subsec. (e). Pub. L. 98–288, § 4(c)(1)(A), redesignated
subsec. (c) as (e).
Subsec. (f). Pub. L. 98–288, § 4(c)(1)(A), (d), redesignated subsec. (d) as (f), and substituted ‘‘work in a program or project in any community unless the application for such program or project contains evidence of
local support and’’ for ‘‘duties or work in a program or
project in any State unless such program or project’’.
1979—Subsec. (b). Pub. L. 96–143, § 2(a), substituted
‘‘Not later than 30 days after’’ for ‘‘Prior to’’ and inserted provisions that the Director offer to provide
each volunteer enrolled for a period of full-time service
of not less than one year under this subchapter, and,
upon the request of such volunteer, provide such volunteer with an individual and updated plan as described
in the preceding two sentences.
Subsec. (d). Pub. L. 96–143, § 2(b), inserted ‘‘in a program or project’’ after ‘‘work’’ and ‘‘or project’’ after
‘‘program’’ and inserted provisions requiring notification by a Governor or other chief executive officer to
the Director that such Governor or other chief executive officer has disapproved a program or project under
this section and requiring the Director to terminate a
program or project under this section in the event of a
timely request by the Governor or other chief executive
officer not later than 30 days after the date such request is received or at such date agreed upon by the Director and such Governor or other chief executive officer.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out

§ 4954

as an Effective Date note under section 3101 of Title 29,
Labor.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment
by
section
101(f)
[title
VIII,
§ 405(d)(36)(A)] of Pub. L. 105–277 effective Oct. 21, 1998,
and amendment by section 101(f) [title VIII,
§ 405(f)(28)(A)] of Pub. L. 105–277 effective July 1, 2000,
see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L.
105–277, set out as a note under section 3502 of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–304, § 3(b)(10), Aug. 23, 1994, 108 Stat. 1568,
provided that:
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the amendments made by this subsection
[amending this section and sections 5024, 12591, 12602,
12615, 12619, 12622, 12651d, 12653, and 12655n of this title]
shall take effect on the date of the enactment of this
Act [Aug. 23, 1994].
‘‘(B) RETROACTIVE EFFECTIVE DATE.—The amendments
made by paragraphs (1) and (2) [amending sections
12651d and 12655n of this title] shall take effect as of October 1, 1993.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 323 of Pub. L. 103–82 effective
Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as
a note under section 4951 of this title.
Amendment by section 405(a)(2) to (4) of Pub. L.
103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L.
103–82, set out as a note under section 8332 of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–551 effective Oct. 1, 1986,
except as otherwise provided, see section 11 of Pub. L.
99–551, set out as an Effective Date note under section
4950 of this title.

§ 4954. Terms and periods of service
(a) Personal commitment; scope of commitment
Volunteers serving under this part shall be required to make a full-time personal commitment to combating poverty and poverty-related
problems. To the maximum extent practicable,
the requirement for full-time commitment shall
include a commitment to live among and at the
economic level of the people served, and to 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) Minimum period of service; critical scarceskill needs exception; reenrollment; limitation
(1) Volunteers serving under this part may be
enrolled initially for periods of service of not
less than 1 year, nor more than 2 years, except
as provided in paragraph (2) or subsection (e).
(2) Volunteers serving under this part may be
enrolled for periods of service of less than 1 year
if the Director determines, on an individual
basis, that a period of service of less than 1 year
is necessary to meet a critical scarce skill need.
(3) Volunteers serving under this part may be
reenrolled for periods of service in a manner to
be determined by the Director. No volunteer


File Typeapplication/pdf
File Modified2019-12-14
File Created2019-12-14

© 2024 OMB.report | Privacy Policy