staff and support functions for such Associate Directors as the Director shall from time to time prescribe. There shall also be in such agency one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under parts A and B of subchapter I of this chapter and one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under subchapter II of this chapter, each of whom shall be appointed by the Director. (Pub. L. 93–113, title IV, § 401, Oct. 1, 1973, 87 Stat. 405.)

SUPERSEDENCE OF 1971 REORG. PLAN No. 1

Section 601 of Pub. L. 93-113 provided that: "(a) [Superseded provisions] Sections 1, 2(a), 3, and 4 of Reorganization Plan Number 1 of 1971 (July 1, 1971) are hereby superseded.

"(b) [Transfer of functions; personnel, property, records, and unexpended funds] The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Director of the ACTION Agency by sections 2(a) and 4 of such reorganization plan are hereby transferred to the ACTION Agency established by section 401 [this section]. All grants, contracts, and other agreements awarded or entered into under the authority of such reorganization plan will be recognized under comparable provisions of this Act [this chapter] so that there is no disruption of ongoing activities for which there is continuing authority.

"(c) [Continuing effectiveness of official actions and continuation of volunteer services] All official actions taken by the Director of the ACTION Agency, his designee, or any other person under the authority of such reorganization plan which are in force on the effective date of this Act [Oct. 1, 1973] and for which there is continuing authority under the provisions of this Act [this chapter], and the length of the period of service of volunteers serving or undergoing training under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991-2994d) on the effective date of this Act, [Oct. 1, 1973], shall continue in full force and effect until modified, superseded, or revoked by the Director.

"(d) [References to ACTION or Director of ACTION] All references to ACTION, or the Director of ACTION in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding shall, on and after the effective date of this Act [Oct. 1, 1973], be deemed to refer to the ACTION Agency established by section 401 [this section] and the Director thereof.

"(e) [Abatement of actions or proceedings] No suit, action, or other proceeding, and no cause of action, by or against the agency known as ACTION created by such reorganization plan, or any action by any officer thereof acting in his official capacity, shall abate by reason of enactment of this Act [this chapter].

"(f) [Continuation of prior appointments] Persons appointed by the President, by and with the advice and consent of the Senate, to positions requiring such advice and consent under such reorganization plan may continue to serve in the same capacity in the ACTION Agency without the necessity of an additional appointment by the President or further such advise and consent by the Senate."

§ 5042. Authority of Director.

In addition to the authority conferred upon him by other sections of this chapter, the Director is authorized to

(1) Appointment and compensation of personnel.

appoint in accordance with the Civil Service laws such personnel as may be necessary to enable the ACTION Agency to carry out its functions, and, except as otherwise provided herein. fix the

compensation of such personnel in accordance with chapter 51 of Title 5;

(2) Employment and compensation of experts and consultants.

(A) employ experts and consultants or organizations thereof as authorized by section 3109 of Title 5, except that no individual may be employed under the authority of this subsection for more than one hundred days in any fiscal year; (B) compensate individuals so employed at rates not in excess of the daily equivalent of the rate payable to a GS-18 employee under section 5332 of such Title, including traveltime; (C) allow such individuals, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such Title for persons in the Government service employed intermittently, while so employed; and (D) annually renew contracts for such employment under this clause;

(3) Reimbursement of other Federal agencies for performance of provisions; delegation of functions.

with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this chapter and, as necessary or appropriate, delegate any of his functions under this chapter and authorize the redelegation thereof subject to provisions to assure the maximum possible liaison between the ACTION Agency and such other agencies at all operating levels, which shall include the furnishing of complete operational information by such other agencies to the ACTION Agency and the furnishing of such information by the ACTION Agency to such other agencies;

(4) Utilization of services and facilities of Federal and State agencies.

with their consent, utilize the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or a political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivision without reimbursement;

(5) Acceptance of gifts, devises, and bequests.

accept in the name of the ACTION Agency, and employ or dispose of in furtherance of the purposes of this chapter, or of any subchapter thereof, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise;

(6) Acceptance of voluntary and uncompensated services.

accept voluntary and uncompensated services; (7) Allocation and expenditure of funds; transfer of funds to other Federal agencies.

allocate and expend, or transfer to other Federal agencies for expenditure, funds made available under this chapter as he deems necessary to carry out the provisions hereof, including (without regard to the provisions of section 4774 (d) of Title 10), expenditure for construction, repairs, and capital improvements;

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(8) Dissemination of data and information.

disseminate, without regard to the provisions of section 3204 of Title 39, data and information, in such form as he shall deem appropriate to public agencies, private organizations, and the general public;

(9) Seal.

adopt an official seal, which shall be judicially noticed;

(10) Collection or compromise of obligations.

collect or compromise all obligations to or held by him and all legal or equitable rights accruing to him in connection with the payment of obligations in accordance with Federal Claims Collection Act of 1966 (sections 951-53 of Title 31); (11) Expenditures for printing and binding, rent, and repairs, alterations, and improvement of buildings.

expend funds made available for purposes of this chapter as follows: (A) for printing and binding, in accordance with applicable law and regulations; and (B) without regard to any other law or regulation, for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by him; but the Director shall not utilize the authority contained in this subclause (B)—

(i) except when necessary to obtain an item, service, or facility, which is required in the proper administration of this chapter, and which otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which, it is needed, and

(ii) prior to having given written notification to the Administrator of General Services (if the exercise of such authority would affect an activity which otherwise would be under the jurisdiction of the General Services Administration) of his intention to exercise such authority, the item, service, or facility with respect to which such authority is proposed to be exercised, and the reasons and justifications for the exercise of such authority;

(12) Grants or contracts for assignment or referral of volunteers; payment of program costs. notwithstanding any other provision of law, make grants to or contracts with Federal or other public departments or agencies and private nonprofit organizations for the assignment or referral of volunteers under this chapter (except for volunteers serving under part A of subchapter I thereof), which may provide that the agency or organization shall pay all or a part of the costs of the program;

(13) Educational and vocational counseling.

provide or arrange for educational and vocational counseling of volunteers and recent former volunteers under this chapter to (A) 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 (B) promote the development, and

the placement therein of such volunteers, of appropriate opportunities for the use of such skills and experience;

(14) Specific necessary or appropriate functions.

establish such policies, standards, criteria, and procedures, prescribe such rules and regulations, enter into such contracts and agreements with public agencies and private organizations and persons, and make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants otherwise authorized under this chapter, with necessary adjustments on account of overpayments and underpayments) as are necessary or appropriate to carry out the provisions of this chapter; and (15) Other necessary or appropriate functions.

generally perform such functions and take such steps, consistent with the purposes and provisions of this chapter, as he deems necessary or appropriate to carry out the provisions of this chapter. (Pub L. 93–113, title IV, § 402, Oct. 1, 1973, 87 Stat. 406.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5044, 5045 of this title.

§ 5043. Political activities.

(a) Funds use prohibition; "election" and "Federal office" defined.

No part of any funds appropriated to carry out this chapter, or any program administered by the ACTION Agency, shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the ACTION Agency, who, in his official capacity as such an officer or employee, engages in any such activity. As used in this section, the term "election" has the same meaning given such term by section 431(a) of Title 2, and the term "Federal office" has the same meaning given such term by section 431(c) of Title 2.

(b) Program identification prohibition; enforcement: rules and regulations; emergencies. Programs assisted under this chapter shall not be carried on in a manner involving the use of funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office, (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (3) any voter registration activity. The Director, after consultation with the Civil Service Commission, shall issue rules and regulations to provide for the enforcement of this section, which shall include provisions for summary suspension of assistance for no more than thirty days until notice and an opportunity to be heard can be provided or other action necessary to permit enforcement on an emergency basis. (Pub. L. 93-113, title IV, § 403, Oct. 1, 1973, 87 Stat. 408.)

§ 5044. Special limitations.

(a) Volunteer activities; limitation.

The Director shall prescribe regulations and shall carry out the provisions of this chapter so as to asure that the service of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this chapter is limited to activities which would not otherwise be performed by employed workers and which will not supplant the hiring of or result in the displacement of employed workers, or impair existing contracts for service.

(b) Support costs.

All support, including transportation provided to volunteers under this chapter, shall be furnished at the lowest possible costs consistent with the effective operation of volunteer programs.

(c) Compensation of supervising agencies or organizations.

No agency or organization to which volunteers are assigned hereunder, or which operates or supervises any volunteer program hereunder, shall request or receive any compensation for services of volunteers supervised by such agency or organization.

(d) Labor or antilabor organization activities; funds use prohibition.

No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or antilabor organization or related activity.

(e) Selection procedure.

Persons serving as volunteers under this chapter shall provide such information concerning their qualifications, including their ability to perform their assigned tasks, and their integrity, as the Director shall prescribe and shall be subject to such procedures for selection and approval as the Director determines are necessary to carry out the purposes of this chapter. The Director may establish such special procedures for the recruitment, selection, training, and assignment of low-income residents of the area to be served by a program under this chapter who wish to become volunteers as he determines will further the purposes of this chapter. (f) Delegation of functions; compensation: conversion requirement; Peace Corps exceptions.

Notwithstanding any other provision of law and except as provided in the second sentence of this subsection, the Director shall assign or delegate any substantial responsibility for carrying out programs under this chapter only to persons appointed or employed pursuant to clauses (1) and (2) of section 5042 of this title, and persons assigned or delegated such substantial responsibilities on October 1, 1973, and who are receiving compensation in accordance with provisions of law other than the applicable provisions of Title 5 on such date shall, by operation of law on such date, be assigned a grade level pursuant to such latter provisions so as to fix the compensation of such persons under such authority at no less than their compensation rate on the day preceding such date. The Director may personally make exceptions to the requirement set forth in the first sentence of this subsection for persons he finds will be assigned to carrying out functions under the Peace Corps Act (section 2501 et seq. of Title 22) within six months after October 1, 1973.

(g) Government assistance; eligibility.

Notwithstanding any other provision of law except as may be provided expressly in limitation of this subsection, payments to volunteers under this chapter shall not in any way reduce or eliminate the level of or eligibility for assistance or services any such volunteers may be receiving under any governmental program. (Pub. L. 93-113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408.)

§ 5045. National Voluntary Service Advisory Council. (a) Establishment; membership; appointment and term; representation of interests; temporary and permanent chairperson; initial and annual meetings; compensation and travel expenses; ex officio membership.

There is hereby established in the ACTION Agency a National Voluntary Service Advisory Council (hereinafter referred to as the "Council") to be composed of not more than twenty-five members appointed, not later than ninety days after October 1, 1973, by and serving at the pleasure of the President. Such members shall be representative of public and private organizations, groups, and individuals interested in serving and benefited by programs carried out under this chapter and the Peace Corps Act (section 2501 et seq. of Title 22). The President shall designate a temporary chairperson from such members and shall call the initial meeting of the Council within thirty days after appointment of such Council. Members of the Council shall designate a permanent chairperson from such members and shall meet at the call of such chairperson, but not less than four times in each year. Members of the Council, other than those regularly employed by the Federal Government, while attending meetings of such Council shall receive compensation and travel expenses as provided in section 5042 (2) of this title with respect to experts and consultants. The Director and Deputy Director of the ACTION Agency shall be ex officio members of the Council. (b) Functions of Council.

The Council shall

(1) advise the Director with respect to policy matters arising in the administration of this chapter and the Peace Corps Act (section 2501 et seq. of Title 22); and

(2) upon the request of the Director, review the effectiveness and the operation of programs under this chapter and the Peace Corps Act and make recommendations (including such proposals for changes in this chapter and such Act as the Council deems appropriate) concerning (A) the improvement of such programs, (B) the elimination of duplication of effort, and (C) the coordination of such programs with other Federal programs designed to assist the beneficiaries of this chapter and such Act.

(c) Report to President for transmittal to Congress.

Not later than January 1 of each calendar year beginning with the calendar year 1975, the Council shall make an annual report of its findings and recommendations to the President for transmittal by the President to the Congress together with his comments and recommendations. (Pub. L. 93-113, title IV, § 405, Oct. 1, 1973, 87 Stat. 409.)

§ 5046. Labor standards for federally assisted projects, buildings, and works.

All laborer and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including painting and decorating of projects, buildings and works which are federally assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 and in section 276c of Title 40. (Pub. L. 93-113, title IV, § 406, Oct. 1, 1973, 87 Stat. 410.) REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in the text, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in the text, is set out in the Appendix to Title 5, Government Organization and Employees.

§ 5047. Report to President for transmittal to Congress.

Not later than one hundred and twenty days after the end of each fiscal year, the Director shall prepare and submit to the President for transmittal by the President to the Congress a full and complete report on the activities of the ACTION Agency during such year. (Pub. L. 93-113, title IV, § 407, Oct. 1, 1973, 87 Stat. 410.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5056 of this title. § 5048. Joint funding; single non-Federal share requirement; grant or contract requirement waiver. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, notwithstanding any other provision of law, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the ACTION Agency, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this chapter, which requirement is inconsistent with the similar requirements under or pursuant to this chapter. (Pub. L. L. 93-113, title IV, § 408, Oct. 1, 1973, 87 Stat. 410.) § 5049. Prohibition of Federal control of educational institution or school system.

Nothing contained in this chapter shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any education institution or school system. (Pub. L. 93-113, title IV, § 409, Oct. 1, 1973, 87 Stat. 410.)

§ 5050. Coordination with other programs.

The Director shall take necessary steps to coordinate volunteer programs authorized under this

chapter with one another, with community action programs, and with other related Federal, State, and local programs. The Director shall also consult with the heads of other Federal, State, and local agencies responsibility for programs related to the purposes of this chapter with a view to encouraging greater use of volunteer services in those programs and establishing in connection with them systematic procedures for the recruitment, referral, or necessary preservice orientation or training of volunteers serving pursuant to this chapter. (Pub. L. 93–113, title IV, § 410, Oct. 1, 1973, 87 Stat. 410.)

§ 5051. Performance of functions by existing departments or offices rather than new departments or offices.

In order to assure that existing Federal agencies are used to the fullest extent possible in carrying out the purposes of this chapter, no funds appropriated to carry out this chapter shall be used to establish any new department or office when the intended function is being performed by an existing department or office. (Pub. L. 93-113, title IV, § 411, Oct. 1, 1973, 87 Stat. 411.)

§ 5052. Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications.

The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this chapter, whenever he determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that

(1) assistance under this chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days, nor shall an application for refunding under this chapter be denied, unless the recipient has been given reasonable notice and opportunity to show cause why such action should not be taken; and

(2) assistance under this chapter shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.

(Pub. L. 93-113, title IV, § 412, Oct. 1, 1973, 87 Stat. 411.)

§ 5053. Duration of program; authorization of appropriations.

The Director shall carry out the programs provided for in this chapter during the fiscal year ending June 30, 1974, and the three succeeding fiscal years. For each such fiscal year, only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 93-113, title IV, § 413, Oct. 1, 1973, 87 Stat. 411.)

§ 5054. Distribution of benefits between rural and urban areas.

The Director shall adopt appropriate administrative measures to assure that the benefits of and services under this chapter will be distributed equitably between residents of rural and urban areas. (Pub. L. 93-113, title IV, § 414, Oct. 1, 1973, 87 Stat. 411.)

§ 5055. Application of Federal law. (a) General rule.

Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment.

(b) Specific Federal legislation.

Individuals enrolled in programs under subchapter I of this chapter for periods for service of at least one year shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of Title 5, be deemed persons employed in the executive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1954 (section 1 et seq. of Title 26) and title II of the Social Security Act (section 401 et seq. of this title), be deemed employees of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of Title 28, be deemed employees of the United States, and (4) for the purposes of subchapter I of chapter 81 of Title 5 (relative to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of Title 5, and the provisions of that subchapter shall apply except as follows: (A) in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS-7 employee, and subsection (a) and (b) of section 8113 of Title 5 shall apply, and (B) compensation for disability shall not begin to accrue until the day following the date on which the injured volunteer is terminated.

(c) Subsequent government employment.

Any period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of subchapter I of this chapter, and any period of full-time service of a volunteer enrolled in a program for a period of service of at least one year under part B or C of subchapter I of this chapter, shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government

(1) for the purposes of section 1092 (a)(1) of Title 22 and every other Act establishing a retirement system for civilian employees of any United States Government agency; and

(2) except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or

trial period or completion of any service requirement for career appointment.

(d) Same; competitive service.

Volunteers serving in programs for periods of service of at least one year under part A of subchapter I of this chapter, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (sections 2991-2994d of this title), including those whose service was completed under such Act, who the Director determines, in accordance with regulations he shall prescribe, have successfully completed their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963).

(e) References in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter.

Notwithstanding any other provision of law, all references in any other law to persons serving as volunteers under title VIII of the Economic Opportunity Act of 1964, as amended, shall be deemed to be references to persons serving as full-time volunteers in a program of at least one year's duration under part A, B, or C of subchapter I of this chapter. (Pub. L. 93-113, title IV, § 415, Oct. 1, 1973, 87 Stat. 411.)

REFERENCES IN TEXT

Federal Tort Claims provisions of Title 28, referred to in subsec. (b) (3), are classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure. Entrance salary for a grade GS-7 employee, referred to in subsec. (b) (4), is set out in the General Schedule in section 5332 of Title 5, Government Organization and Employees.

Foreign Service Act of 1946, referred to in subsec. (c) (2), is classified to chapter 14 of Title 22, Foreign Relations and Intercourse.

Title VIII of the Economic Opportunity Act of 1964, as amended, referred to in subsecs. (d) and (e), was repealed by section 603 of Pub. L. 93-113, was formerly classified to sections 2991, 2992 to 2992b, 2993 to 2993b, and 2994 to 2994d of this title, and is now covered by this chapter. For specific successor sections to the repealed provisions, see Distribution Table set-out under such former sections. Executive Order Number 11103 (April 10, 1963), referred to in subsec. (d), is set out under section 2504 of Title 22, Foreign Relations and Intercourse.

Ex. ORD. No. 11561. DELEGATION OF AUTHORITY Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, provided:

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the authority conferred upon the President by that portion of section 833 (c) (2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2994b (c) (2)) [former section 2994b (c) (2) of this title, now subsec. (c) (2) of this section] which reads "except as otherwise determined by the President" is hereby delegated as follows: (1) To the Civil Service Commission to the extent that such authority is with respect to the laws administered by the Commission, and (2) to the Secretary of State to the extent that such authority is with respect to the Foreign Service Act of 1946, as amended [section 801 et seq. of Title 22, Foreign Relations and Intercourse].

§ 5056. Evaluation of programs and projects.

(a) General objectives; persons conducting the evaluation.

The Director shall periodically measure and evaluate the impact of all programs authorized by this