Volume 100 · 3071
Public Law 99–551
To extend and improve the Domestic Volunteer Service Act of 1973.
Approved October 27, 1986
Statutory text
An Act
To extend and improve the Domestic Volunteer Service Act of 1973.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Domestic Volunteer Service Act Amendments of 1986”.
SEC. 2. VOLUNTEERISM POLICY.
Volunteerism Policy.—
The Domestic Volunteer Service Act of 1973 (hereinafter in this Act referred to as “the Act”) is amended
42 USC 4951 note.
by inserting immediately after the table of contents the following new section:
“Sec. 2. “volunteerism policy
(a) Because of the long-standing importance of volunteerism
throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of both young and older citizens.
“(b) The purpose of ACTION, the Federal domestic volunteer
Disadvantaged persons.
Aged persons.
State and local governments.
agency, is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, ACTION shall utilize to the fullest extent the programs authorized under this Act, coordinate with other Federal, State, and local agencies and utilize the energy, innovative spirit, experience, and skills of all Americans.”.
Conforming Amendment.—
The table of contents of the Act is amended by inserting before the item relating to title I the following:
SEC. 3. ASSIGNMENT OF VOLUNTEERS.
Recruitment and Assignment.—
Section 103(b) of the Act is
amended to read as follows:
“(b) 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.”.
(b) 42 USC 5047. Reports.—
Section 407 of the Act is amended—
by inserting “(a)” after “407.”; and
by adding the following subsection:
“(b) Not later than 120 days after the end of each fiscal year, the Director shall prepare and submit to the appropriate committees of
the Congress a report describing activities under section 103(b).”.
SEC. 4. ESTABLISHMENT OF VISTA LITERACY CORPS.
Establishment of Literacy Corps.—
The Act is amended by
inserting after section 108 the following new section:
“Sec. 109. “vista literacy corps
(a) As part of the Volunteers in Service to America program established under this part, the Director shall establish a VISTA Literacy Corps for the purpose of developing, strengthening, supplementing, and expanding efforts of both public and nonprofit organizations at the local, State, and Federal level to mobilize local, State, Federal, and private sector financial and volunteer resources to address the problem of illiteracy throughout the United States.
“(b) The Director shall assign volunteers to projects and programs that meet the antipoverty criteria of part A that provide assistance to functionally illiterate and illiterate individuals who are unserved or underserved by literacy education programs, with special emphasis upon disadvantaged individuals having the highest risk of illiteracy, and individuals with the lowest reading and educational level of competence.
“(c) (1) The Director shall assign volunteers under this subsection to projects and programs that utilize volunteers to address the needs of illiterate individuals.
“(2) Libraries.Employment and unemployment.
Programs and projects under this subsection may be administered by public or private nonprofit agencies and organizations including local, State, and national literacy councils and organizations; community-based nonprofit organizations; local and State education agencies; local and State agencies administering adult basic education programs; educational institutions; libraries; anti-poverty organizations; local, municipal, and State governmental entities, and administrative entities designated to administer job
29 USC 1501 note.
training plans under the Job Training Partnership Act.
“(3) In the assignment of volunteers under this subsection the Director shall give priority consideration to—
“(A) programs and projects that assist illiterate individuals in greatest need of assistance residing in unserved or underserved areas with the highest concentrations of illiteracy and of low income individuals and families;
“(B) projects and programs serving individuals reading at the zero to fourth grade levels;
“(C) projects and programs focusing on providing literacy services to high risk populations;
“(D) projects and programs operating in areas with the highest concentration of individuals and families living at or below the poverty level;
“(E) projects and programs providing literacy services to parents
Children and youth.
of disadvantaged children between the ages of two and eight, who may be educationally at risk; and
“(F) Statewide programs and projects that encourage the creation of new literacy efforts, encourage the coordination of intrastate literacy efforts and provide technical assistance to local literacy efforts.
“(d) (1) The Director shall assign volunteers under this subsection to projects and programs that primarily utilize volunteers to tutor illiterate individuals.
“(2) Programs and projects under this subsection may be administered
Libraries.
Employment and unemployment.
by local public or private nonprofit agencies and organizations including local literacy councils and organizations, community-based nonprofit organizations, local educational agencies, local agencies administering adult basic education programs, local educational institutions, libraries, antipoverty organizations, local and municipal governmental entities, and administrative entities designated to administer job training plans under the Job Training Partnership Act.
29 USC 1501 note.
“(3) In the assignment of volunteers under this subsection the Director shall give priority consideration to local programs and projects that assist illiterate individuals in greatest need of assistance residing in unserved or underserved areas with the highest concentrations of illiteracy and of low income individuals and families.
“(e) The Director shall ensure an equitable distribution of volunteers under this section in accordance with the equitable distribution requirement of section 414 of this Act.
“(f) The VISTA Literacy Corps shall consist of all volunteers serving under part A working on literacy projects and programs.
“(g) (1) Funds made available under section 501(a) for the purposes
of this section shall be used to supplement and not supplant the level of services provided under part A in fiscal year 1986 to address the problem of illiteracy.
“(2) In any fiscal year in which the services provided under part A are reduced, the services provided under this section shall be proportionately reduced.”.
Conforming Amendment.—
The table of contents of the Act is amended by inserting after the item relating to section 108 the
following:
SEC. 5. SERVICE LEARNING PROGRAMS.
Section 111 of the Act is amended—
by inserting “(a)” after the section designation;
by striking out the second and third sentences of such section; and
by adding the following new subsection:
“(b) This part provides for the University Year for ACTION (UYA)
Education.
Schools and colleges.
program of full-time volunteer service by students enrolled in institutions of higher education. The purpose of the UYA program is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems by enabling students at cooperating institutions to perform meaningful and constructive volunteer service in connection with the satisfaction of course-work while attending such institutions. Volunteer service under this part is conducted in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by individuals experiencing such problems.”.
SEC. 6. SERVICES TO INDIANS.
(a) 42 USC 4992. Special Volunteer Programs.—
Section 122(a)(1) of the Act is amended by inserting “(including Indian reservations)” after “rural areas”.
(b) 42 USC 5061. Definitions.—
Section 421 of the Act is amended—
by striking “and” at the end of paragraph (3);
by striking the period at the end of paragraph (4) and inserting and”; and
by adding the following paragraph:
“(5) State and local governments.Alaska.
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
43 USC 1601 note.
Act) 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.”.
SEC. 7. VOLUNTEERS SERVING WITHOUT STIPEND.
(a) 42 USC 5011. Volunteer Service Projects.—
Section 211 of the Act is amended—
in the first sentence of subsection (d) by inserting “low-income” after “provide to”, and
by adding at the end thereof the following:
“(f) Regulations.
(1) (A) Except as provided in subparagraphs (B) and (C), individuals who are not low-income persons may serve as volunteers under this part, in accordance with such regulations as the Director shall issue, if such individuals serve without receiving any allowance, stipend, or other financial support under this part except reimbursement for transportation, meals, and out-of-pocket expenses incident to serving under this part.
“(B) Regulations.
The regulations issued by the Director to carry out this part (other than any regulations relating to allowances, stipends, and other financial support authorized by subsection (d) to be paid under this part to low-income persons) shall apply to all volunteers under this part, without regard to whether such volunteers are eligible to receive a stipend under subsection (d).
“(C) Individuals who are not low-income persons may not serve as volunteers under this part in any community in which there are volunteers serving under part A of this title.
“(2)Grants.Contracts.
(A) Except as provided in subparagraph (B), each recipient of a grant or contract to carry out a project under this part shall give equal treatment to all volunteers who participate in such project, without regard to whether such volunteers are eligible to receive a stipend under subsection (d).
“(B) An individual who is not a low-income person may not become a volunteer under this part if allowing such individual to become a volunteer under this part would prevent a low-income individual from becoming a volunteer under this part or would displace a low-income person from being such a volunteer.
“(3) The Director may not require as a
Grants.
Contracts.
condition of receiving a grant or contract to carry out a project under this part, any applicant for such grant or contract—
“(A) to accept individuals who are not low-income persons to serve as volunteers under this part; or
“(B) to solicit locally generated contributions, in cash or in kind, to support such individuals.
“(4) Funds appropriated to carry out this part may not be used to pay any cost, including any administrative cost, incurred in connection with volunteers under this part who do not receive a stipend under subsection (d). Such cost incurred with respect to a volunteer may be paid with—
“(A) funds received by the Director as unrestricted gifts;
Gifts and property.
“(B) funds received by the Director as gifts to pay such cost;
“(C) funds contributed by such volunteer; or
“(D) locally generated contributions in excess of the amount
Grants.
Contracts.
required to be contributed under subsection (a), in the discretion of the recipient of a grant or contract under such subsection.”.
Section 211(f)(3) of the Domestic Volunteer Service Act of 1973,
Grants.
Contracts.
Ante, p. 3074.
42 USC 5011 note.
as added by paragraph (1), shall apply with respect to grants and contracts made under section 211(a) of such Act before the date of the enactment of this Act.
Senior Companion Program.—
Section 213(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013(b)) is amended to read as follows:
“(b) Subsections (d), (e), and (f) of section 211, and such other provisions of part B as the Director determines to be necessary, shall apply to this part, except that for purposes of this part any reference in such subsections and such provisions to part B shall be deemed to be a reference to this part.”.
SEC. 8. EVALUATION.
General Authority.—
Section 416(a) of the Act is amended to
read as follows:
“(a) The Director shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals, in general, and in relation to their cost, their impact on related programs, and their structure and mechanism for delivery of services. Each program shall be evaluated at least once every three years. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. Such evaluation shall also measure and evaluate compliance with the equitable distribution requirement of section 414 of this Act.”.
Title II Evaluation and Report to Congress.—
Section 416 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5056) is amended—
by redesignating subsection (f) as subsection (g), and
by inserting after subsection (e) the following:
“(f) Not later than December 31, 1988, the Director shall—
“(1) evaluate the impact of ACTION Agency programs carried out under title II that relate to services that assist families
42 USC 5001 et seq.
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 title II without receiving a stipend have on such programs and shall include in such evaluation—
“(A) information on adminstrative 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) Reports.
submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report summarizing in detail the results of the evaluations made under paragraphs (1) and (2).”.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
National Volunteer Antipoverty Programs.—
Section 501
of the Act is amended by striking subsections (a), (b), (c), and (d)(1) and inserting the following:
“Sec. 501.
(a) (1) There is authorized to be appropriated to carry
Ante, p. 3072.
out part A of title I (except section 109) $25,000,000 for fiscal year 1987, $26,000,000 for fiscal year 1988, and $27,040,000 for fiscal year 1989.
“(2) There is authorized to be appropriated to carry out section 109(c) and to expand the number of VISTA Literacy Corps volunteers in literacy programs and projects under part A of title I of this Act $2,000,000 for fiscal year 1987, $3,000,000 for fiscal year 1988, and $5,000,000 for fiscal year 1989.
“(3) There is authorized to be appropriated to carry out section 109(d) and to expand the number of VISTA Literacy Corps volunteers in literacy programs and projects under part A of title I of this Act $1,000,000 for each of the fiscal years 1987, 1988, and 1989.
“(b) There is authorized to be appropriated to carry out part B of
title I of this Act $1,800,000 for each of the fiscal years 1987, 1988, and 1989.
“(c) There is authorized to be appropriated to carry out part C of
title I of this Act $1,984,000 for each of the fiscal years 1987, 1988, and 1989.
“(d) (1) Of the amounts appropriated under this section for parts A, B, and C of title I and for sections 109(c) and 109(d), there shall first be available for part A of title I (other than section 109), an amount not less than the amount necessary to provide—
“(A) 2,400 years of volunteer service in fiscal year 1987;
“(B) 2,500 years of volunteer service in fiscal year 1988; and
“(C) 2,600 years of volunteer service in fiscal year 1989.”.
Retired Senior Volunteer Program.—
Section 502(a) of the
Act is amended—
by striking out “$30,412,000” and all that follows through “1985, and”, and
by inserting after “1986” the following: “, $32,000,000 for fiscal year 1987, $33,280,000 for fiscal year 1988, and $34,610,000 for fiscal year 1989”.
Foster Grandparents and Older American Community Service Programs.—
Section 502(b) of the Act is amended—
by striking out “$52,650,000” and all that follows through “1985, and”, and
by inserting after “1986” the following: “, $60,000,000 for fiscal year 1987, $62,400,000 for fiscal year 1988, and $64,900,000 for fiscal year 1989”.
Senior Companions Program.—
Section 502(c) of the Act is amended—
by striking out “$17,607,000” and all that follows through “1985, and”, and
inserting after “1986” the following: “, $29,740,000 for fiscal year 1987, $30,930,000 for fiscal year 1988, and $32,170,000 for fiscal year 1989”.
Administration and Coordination.—
Section 504 of the Act is
amended by striking out “$25,800,000” and all that follows and inserting “$25,312,000 for each of the fiscal years 1987, 1988, and 1989.”.
SEC. 10. TECHNICAL AMENDMENTS.
Part Heading Correction.—
The heading of part C of title II of the Act is amended to
read as follows:
“Part C— Senior Companion Program”.
The item for part C of title II in the table of contents of the Act is amended to read as follows:
Conforming Amendment.—
Section 16(a) of the Domestic Volunteer Service Act Amendments of 1984 is amended by striking out “Part C” and
inserting in lieu thereof “Part D”.
Section 16(b) of such Act is amended by
striking out “part C” and inserting in lieu thereof “part D”.
Section Heading Correction.—
The heading of section 213 of the Act is amended by striking out “the program” and inserting in lieu thereof “volunteer service projects”.
The item for section 213 in the table of contents of the Act is amended by striking out “the program” and inserting in lieu thereof “volunteer service projects”.
Punctuation.—
Section 122(a)(1) of the Act is amended by
striking out a semicolon each place it appears and inserting in lieu thereof a comma.
Reference.—
The fifth sentence of section 401 of the Act is
amended by striking out “level 5” and inserting in lieu thereof “level V”.
Punctuation.—
Section 402(a)(1) of the Act (as redesignated by
section 5(1) of this Act) is amended by inserting a comma immediately before “except” the second time it appears.
(g) 42 USC 5059. Punctuation.—
Section 419 of the Act is amended by striking out “to this Act” and inserting in lieu thereof “to this Act)”.
(h) 42 USC 5061. Reference.—
Section 421(1) of the Act is amended by striking out “agency” and inserting in lieu thereof “Agency”.
Use of Gender Neutral Terminology.—
(1) 42 USC 4955.
Section 105(b) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(2) 42 USC 4972.
Section 112 of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(3) 42 USC 4974.
Section 114(c) of the Act is amended by striking out “he” each time it appears and inserting in lieu thereof “the Director”.
(4) 42 USC 4992.
Section 122(b) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(5)42 USC 5042.
Section 402(a) of the Act (as redesignated by section 5(1) of this Act) is amended by striking out “him” and inserting in lieu thereof “the Director”.
Section 402(a)(3) of the Act is amended by striking out “his functions” and inserting in lieu thereof “the functions of the Director”.
Section 402(a)(7) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 402(a)(8) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 402(a)(10) of the Act is amended by striking out “him” each time it appears and inserting in lieu thereof “the Director”.
Section 402(a)(11)(B) of the Act is amended by striking out “him” and inserting in lieu thereof “the Director”.
Section 402(a)(11)(B)(ii) of the Act is amended by striking out “his intention” and inserting in lieu thereof “the intention of the Director”.
Section 402(a)(14) is amended by striking out “he” and inserting in lieu thereof “the Director”.
(6) 42 USC 5043.
Section 403(a) of the Act is amended by striking out “his official capacity” and inserting in lieu thereof “an official capacity”.
(7) 42 USC 5044.
Section 404(e) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(8) 42 USC 5052.
Section 412(a) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(9) 42 USC 5055.
Section 415(d) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.
(10)42 USC 5041 note.
Section 601(c) of the Act is amended by striking out “his designee” and inserting in lieu thereof “the designee of the Director”.
Section 601(e) of the Act is amended by striking out “his
42 USC 5041 note.
official capacity” and inserting in lieu thereof “an official capacity”.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act
42 USC 4950 note.
shall take effect October 1, 1986.
Approved October 27, 1986.