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42 U.S.C. § 4953 — Selection and assignment of volunteers

submitted 53 years ago by Pub. L. 93-113 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,138 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes VISTA volunteer assignments to specified projects and sets recruitment, placement, awareness, counseling, assignment, and interagency rules. It covers health, poverty, education, veterans, community, and other listed needs.

(a) Covered projects and programs. After receiving an application from a public or nonprofit private organization, the Director may assign selected volunteers to suitable projects or programs it sponsors, including work: (1) meeting health, education, welfare, or related needs of Indians on reservations or Federal trust lands, migratory or seasonal farmworkers and families, and residents of the listed territories and the District of Columbia; (2) caring for and rehabilitating people with mental illness, developmental disabilities, or other disabilities, especially severe disabilities; (3) addressing homelessness, unemployment, and low-income youth; (4) addressing alcohol and drug abuse through prevention, education, rehabilitation, treatment, and related activities consistent with this part; (5) addressing major health-care problems, including mental illness, chronic or life-threatening illness, and care for homeless people, especially children, through prevention, treatment, and community care; (6) programs eligible under this chapter, the Community Service Block Grant Act, specified titles of the Economic Opportunity Act, the Head Start Act, the Community Economic Development Act of 1981, or similar Acts, to further this subchapter; (7) strengthening, supplementing, and expanding literacy efforts nationwide; (8) helping formerly incarcerated youth and adults reenter and reintegrate, including education, employment, and life-skills training and counseling; (9) financial-literacy, planning, budgeting, saving, and reputable-credit-access programs in low-income communities, including homeownership and higher-education financing education; (10) before- and after-school programs for children in low-income communities, including mentoring, tutoring, life and study skills, service learning, physical, nutrition, and health education, and other activities addressing children’s needs; (11) community economic development, prioritizing rural and most-needed areas; (12) assistance to veterans and family members with legal help, health care including mental health care, employment and education counseling or training, affordable housing, and other support; and (13) health and wellness in low-income and underserved communities, including increased access to prevention, insurance, and health services. (b) Recruitment and placement. (1) The Director must create placement procedures involving sponsoring organizations and offering local and national placements. (2)(A) The Director must maintain a national headquarters volunteer-placement office responsible for recruitment and placement, coordinated with the National and Community Service Act activities. (B) The office must maintain a current, comprehensive database showing individuals’ specific unfilled approved opportunities and approved applicants awaiting assignment. (C) The Director must assign or hire enough national, regional, and State personnel for timely, effective work under (b) and (c), prioritizing former volunteers and people experienced in volunteer recruitment and management. (3) Volunteers must be selected from qualified applicants whose applications contain information needed to assess suitability and assignment. The Director must approve an applicant who complies and is found qualified. (4) Applications must be publicly available on request from the Corporation, including State or regional offices, and the requester must be told how to submit one. Any interested person may submit a completed application to any Corporation office, which must accept it. (5)(A) The Director must assign each approved applicant, as far as practicable, to a project matching the applicant’s abilities, experience, and stated preferences and the project’s needs and preferences. (B) The Director must use the database. (C) A VISTA sponsor may recruit volunteers, and a locally recruited volunteer gets priority for placement with that sponsor. (D) A volunteer may not be assigned without the project’s express approval and consent. (E) If a locally recruited applicant becomes unavailable before service starts, the grant or contract recipient designated to receive the service may replace the applicant with another qualified applicant approved by the Director. (F) When feasible and appropriate, low-income community volunteers may choose to serve at home with nationally recruited specialists. The Director must try to assign them at home or nearby and make national efforts to attract others. Assignments must consider community needs that cannot be met locally and volunteers’ wishes about geographic service. (c) Public awareness and recruitment. (1) With (b)(2)(C) personnel, the Director must conduct awareness and recruitment, which may include (A) Internet, radio, television, and print public-service announcements; (B) Internet, print, direct-mail, and other advertising; (C) information to higher-education and other schools including libraries, professional associations, community agencies, youth and volunteer groups, businesses, unions, senior groups, economic-development offices, employment-security agencies, employment offices, and other recruitment sources; (D) personal presentations to students, faculty, and those entities; (E) publicizing VISTA student-loan deferment and forgiveness and including it in applications and recruitment materials; (F) publicizing national-service education awards; (G) recruitment technical assistance on request to assisted programs and projects; and (H) a publicized national toll-free number for information and applications. (2) The Director must seek former volunteers’ help in distributing information and may reimburse their participation costs, including travel. (3) The Director must consult the Peace Corps Director to coordinate recruitment and awareness and develop joint recruitment procedures and activities. (d) The Director must give each low-income community volunteer an individual plan for job advancement or transition toward gainful work and, when feasible, coordinate it with a local workforce board under section 3122 of title 29. (e) The Director may provide or arrange educational and vocational counseling for volunteers and recent former volunteers to encourage national-interest use of their skills, especially against poverty in helping professions, and to develop and place them in suitable opportunities. (f) Except as (e) provides, assignments are on terms set by the Director, including suitable political-activity restrictions recognizing volunteers’ special status among served people and assignments in their own or nearby communities. (g) A volunteer cannot be assigned in a community unless the project application shows local support and was submitted to the State Governor or other chief executive. On a timely written request with reasons, the Director must end the project or assignment within 30 days, or a later date agreed with that official. (h) The Director is encouraged to make agreements with federal agencies to use VISTA volunteers for objectives consistent with section 4951. (i) The Director may make agreements under which sufficiently large and financially capable public or private nonprofits pay all or part of volunteer-support costs.

the actual law source: uscode.house.gov ↗public domain
(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 before-school and after-school programs, serving children in low-income communities, that may engage 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 necessary 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.

(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 activities 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-113 · 87 Stat. 396
  • 1979Amended · Pub. L. 96-143 · 93 Stat. 1074
  • 1984Amended · Pub. L. 98-288 · 98 Stat. 189, 190
  • 1986Amended · Pub. L. 99-551 · 100 Stat. 3071
  • 1989Amended · Pub. L. 101-204 · 103 Stat. 1807, 1809, 1811, 1820
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 899, 920
  • 1994Amended · Pub. L. 103-304 · 108 Stat. 1568
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2009Amended · Pub. L. 111-13 · 123 Stat. 1582
  • 2014Amended · Pub. L. 113-128 · 128 Stat. 1708

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-113 on 1973-10-01.

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