255
before the ACTION Agency at the time this
subsection takes effect, with respect to func-
tions transferred by this subsection but such
proceedings and applications shall be continued.
Orders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if
this subsection had not been enacted, and or-
ders issued in any such proceedings shall con-
tinue in effect until modified, terminated, su-
perseded, or revoked by a duly authorized offi-
cial, by a court of competent jurisdiction, or by
operation of law. Nothing in this subparagraph
shall be deemed to prohibit the discontinuance
or modification of any such proceeding under
the same terms and conditions and to the same
extent that such proceeding could have been
discontinued or modified if this subsection had
not been enacted.
(C) SUITS
NOT
AFFECTED.—The provi-
sions of this subsection shall not affect suits
commenced before the effective date of this sub-
section, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered
256
in the same manner and with the same effect
as if this subsection had not been enacted.
(D) NONABATEMENT
OF
ACTIONS.—No
suit, action, or other proceeding commenced by
or against the ACTION Agency, or by or
against any individual in the official capacity of
such individual as an officer of the ACTION
Agency, shall abate by reason of the enactment
of this subsection.
(E) ADMINISTRATIVE ACTIONS RELATING
TO PROMULGATION OF REGULATIONS.—Any ad-
ministrative action relating to the preparation
or promulgation of a regulation by the AC-
TION Agency relating to a function transferred
under this subsection may be continued by the
Corporation with the same effect as if this sub-
section had not been enacted.
(9) SEVERABILITY.—If a provision of this sub-
section or its application to any person or cir-
cumstance is held invalid, neither the remainder of
this subsection nor the application of the provision
to other persons or circumstances shall be affected.
(10) TRANSITION.—Prior to, or after, any
transfer of a function under this subsection, the
Chairperson is authorized to utilize—
257
(A) the services of such officers, employ-
ees, and other personnel of the ACTION Agen-
cy with respect to functions that will be or have
been transferred to the Corporation by this sub-
section; and
(B) funds appropriated to such functions
for such period of time as may reasonably be
needed to facilitate the orderly implementation
of this subsection.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), this section, and the amendments made
by this section, shall take effect—
(A) 18 months after the date of enactment
of this Act; or
(B) on such earlier date as the President
shall determine to be appropriate and announce
by proclamation published in the Federal Reg-
ister.
(2) TRANSITION.—Subsection (c)(10) shall take
effect on the date of enactment of this Act.
258
SEC. 204. ACTIONS UNDER THE NATIONAL SERVICE LAWS
TO BE SUBJECT TO THE AVAILABILITY OF AP-
PROPRIATIONS.
No action involving the obligation or expenditure of
funds may be taken under a national service law (as de-
fined in section 101(14) of the National and Community
Service Act of 1990 (42 U.S.C. 12511(14)) unless and
until the Corporation for National Service has sufficient
appropriations available at the time such action is taken
to satisfy the obligation to be incurred or make the ex-
penditure to be made.
TITLE III—REAUTHORIZATION
Subtitle A—National and
Community Service Act of 1990
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 501 of the National and Community Service
Act of 1990 (42 U.S.C. 12681) is amended to read as
follows:
‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—
‘‘(1) SUBTITLE B.—There are authorized to be
appropriated to provide financial assistance under
subtitle B of title I, $45,000,000 for fiscal year
1994, and such sums as may be necessary for each
of the fiscal years 1995 through 1996.
259
‘‘(2) SUBTITLES C, D, AND H.—There are au-
thorized to be appropriated to provide financial as-
sistance under subtitles C and H of title I, and to
provide national service educational awards under
subtitle D of title I, $389,000,000 for fiscal year
1994, and such sums as may be necessary for each
of the fiscal years 1995 through 1996. Of the funds
appropriated under this paragraph for a fiscal year,
not more than 15 percent of such funds may be
made available to provide financial assistance for ac-
tivities in subtitle H, section 125, or section 126.
‘‘(3) ADMINISTRATION.—There are authorized
to be appropriated for the administration of this Act
(including subtitle G) such sums as may be nec-
essary for each of the fiscal years 1994 through
1996.
‘‘(b) TITLE III.—There are authorized to be appro-
priated to carry out title III $5,000,000 for each of the
fiscal years 1994 through 1996.
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Funds ap-
propriated under this section shall remain available until
expended.
‘‘(d) SPECIFICATION OF BUDGET FUNCTION.—The
authorizations of appropriations contained in this section
shall be considered to be a component of budget function
260
500 as used by the Office of Management and Budget to
cover education, training, employment, and social services,
and, as such, shall be considered as related to the pro-
grams of the Departments of Labor, Health and Human
Services, and Education for budgetary purposes.’’.
Subtitle B—Domestic Volunteer
Service Act of 1973
SEC. 311. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Domestic Volunteer Service Act Amendments of 1993’’.
(b) REFERENCES.—Except as otherwise specifically
provided, whenever in this subtitle an amendment or re-
peal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950
et seq.).
CHAPTER 1—VISTA AND OTHER ANTI-
POVERTY PROGRAMS
SEC. 321. PURPOSE OF THE VISTA PROGRAM.
The last sentence of section 101 (42 U.S.C. 4951)
is amended to read as follows: ‘‘In addition, the objectives
of this part are to generate the commitment of private
sector resources, to encourage volunteer service at the
261
local level, and to strengthen local agencies and organiza-
tions to carry out the purpose of this part.’’.
SEC. 321A. ASSISTANT DIRECTOR FOR VISTA PROGRAM.
(a) IN GENERAL.—Section 102 (42 U.S.C. 4952) is
amended by striking ‘‘The Director’’ and inserting ‘‘This
part shall be administered by the Assistant Director ap-
pointed pursuant to section 195(a)(2) of the National and
Community Service Act of 1990. Such Director’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the effective date of sec-
tion 203(b).
SEC. 322. SELECTION AND ASSIGNMENT OF VISTA VOLUN-
TEERS.
(a) VOLUNTEER ASSIGNMENTS.—Section 103(a) (42
U.S.C. 4953(a)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘a public’’ and inserting ‘‘public’’;
(2) in paragraph (2), by striking ‘‘and’’ at the
end;
(3) in paragraph (3), by striking ‘‘illiterate or
functionally illiterate youth and other individuals,’’;
(4) in paragraph (5), by striking ‘‘and’’ at the
end;
(5) in paragraph (6)—
262
(A) by striking ‘‘or the Community Eco-
nomic’’ and inserting ‘‘the Community Eco-
nomic’’;
(B) by inserting ‘‘or other similar Acts,’’
after ‘‘1981,’’; and
(C) by striking the period and inserting ‘‘;
and’’; and
(6) by adding at the end the following new
paragraph:
‘‘(7) in strengthening, supplementing, and ex-
panding efforts to address the problem of illiteracy
throughout the United States.’’.
(b) RECRUITMENT PROCEDURES.—Section 103(b)
(42 U.S.C. 4953(b)) is amended—
(1) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(2)(A) The Director shall establish and maintain
within the national headquarters of the ACTION Agency
(or any successor entity of such agency) a volunteer place-
ment office which shall be responsible for all functions re-
lated to the recruitment and placement of volunteers
under this part. Such functions and activities shall be car-
ried out in coordination or in conjunction with recruitment
263
and placement activities carried out under the National
Service Trust Act of 1993.’’;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(2) by striking paragraphs (4) and (6); and
(3) by redesignating paragraphs (5) and (7) as
paragraphs (4) and (6), respectively.
(c) PUBLIC AWARENESS AND RECRUITMENT.—Sub-
section (c) of section 103 (42 U.S.C. 4953(c)) is amend-
ed—
(1) in paragraph (1)—
(A) in the 1st sentence by striking ‘‘re-
gional or State employees designated in sub-
paragraphs (C) and (D) of subsection (b)(2)’’
and inserting ‘‘personnel described in sub-
section (b)(2)(C)’’;
(B) in the 2nd sentence, by striking ‘‘shall
include’’ and inserting ‘‘may include’’;
(C) by redesignating subparagraphs (F)
and (G) as subparagraphs (G) and (H), respec-
tively; and
(D) by inserting after subparagraph (E)
the following new subparagraph:
264
‘‘(F) publicizing educational awards avail-
able under the National Service Trust Act of
1993;’’;
(2) by striking paragraphs (4) and (5); and
(3) by redesignating paragraph (6) as para-
graph (4).
(d) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—Section 103 (42 U.S.C. 4953) is amended by add-
ing at the end the following new subsection:
‘‘(h) The Director is encouraged to enter into agree-
ments with other Federal agencies to use VISTA volun-
teers in furtherance of program objectives that are consist-
ent with the purposes described in section 101.’’.
SEC. 323. TERMS AND PERIODS OF SERVICE.
(a) CLARIFICATION AND PERIODS OF SERVICE.—
Subsection (b) of section 104 (42 U.S.C. 4954(b)) is
amended to read as follows:
‘‘(b)(1) Volunteers serving under this part may be en-
rolled 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 en-
rolled for periods of service of less than 1 year if the Direc-
tor determines, on an individual basis, that a period of
265
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 deter-
mined by the Director. No volunteer shall serve for more
than a total of 5 years under this part.’’.
(b) SUMMER PROGRAM.—Section 104 (42 U.S.C.
4954) is amended by adding at the end the following new
subsection:
‘‘(e)(1) Notwithstanding any other provision of this
part, the Director may enroll full-time VISTA summer as-
sociates in a program for the summer months only, under
such terms and conditions as the Director shall determine
to be appropriate. Such individuals shall be assigned to
projects that meet the criteria set forth in section 103(a).
‘‘(2) In preparing reports relating to programs under
this Act, the Director shall report on participants, costs,
and accomplishments under the summer program sepa-
rately.
‘‘(3) The limitation on funds appropriated for grants
and contracts, as contained in section 108, shall not apply
to the summer program.’’.
SEC. 324. SUPPORT FOR VISTA VOLUNTEERS.
(a) POSTSERVICE STIPEND.—Section 105(a)(1) (42
U.S.C. 4955(a)(1)) is amended—
266
(1) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’; and
(2) by striking the second sentence and insert-
ing the following:
‘‘(B) Such stipend shall not exceed $95 per month
in fiscal year 1994, but shall be set at a minimum of $100
per month during the service of the volunteer after Oc-
tober 1, 1994. The Director may provide a stipend of a
maximum of $200 per month in the case of persons who
have served as volunteers under this part for at least 1
year and who, in accordance with standards established
in such regulations as the Director shall prescribe, have
been designated volunteer leaders on the basis of experi-
ence and special skills and a demonstrated leadership
among volunteers.
‘‘(C) The Director shall not provide a stipend under
this subsection to an individual who elects to receive a na-
tional service education award under subtitle D of title I
of the National and Community Service Act of 1990.’’.
(b) SUBSISTENCE ALLOWANCE.—Section 105(b) (42
U.S.C. 4955(b)) is amended—
(1) in paragraph (3)—
(A) by striking subparagraph (A);
(B) in subparagraph (B), by striking the
subparagraph designation; and
267
(C) by adding at the end the following new
sentence: ‘‘The Director shall review such ad-
justments on an annual basis to ensure that the
adjustments are current.’’; and
(2) by striking paragraph (4).
SEC. 325. PARTICIPATION OF YOUNGER AND OLDER PER-
SONS.
Section 107 (42 U.S.C. 4957) is amended to read as
follows:
‘‘SEC. 107. PARTICIPATION OF YOUNGER AND OLDER PER-
SONS.
‘‘In carrying out this part and part C, the Director
shall take necessary steps, including the development of
special projects, where appropriate, to encourage the full-
est participation of individuals 18 through 27 years of age,
and individuals 55 years of age and older, in the various
programs and activities authorized under such parts.’’.
SEC. 326. LITERACY ACTIVITIES.
Section 109 (42 U.S.C. 4959) is amended—
(1) in subsection (g)—
(A) by striking paragraph (1); and
(B) by striking the paragraph designation
of paragraph (2); and
(2) in subsection (h)—
268
(A) in paragraph (1) by striking ‘‘para-
graphs (2) and (3)’’ and inserting ‘‘paragraph
(2)’’; and
(B) by striking paragraph (3).
SEC. 327. APPLICATIONS FOR ASSISTANCE.
Section 110 (42 U.S.C. 4960) is amended to read as
follows:
‘‘SEC. 110. APPLICATIONS FOR ASSISTANCE.
‘‘In reviewing an application for assistance under this
part, the Director shall not deny such assistance to any
project or program, or any public or private nonprofit or-
ganization, solely on the basis of the duration of the assist-
ance such project, program, or organization has received
under this part prior to the date of submission of the ap-
plication. The Director shall grant assistance under this
part on the basis of merit and to accomplish the goals
of the VISTA program, and shall consider the needs and
requirements of projects in existence on such date as well
as potential new projects.’’.
SEC. 328. REPEAL OF AUTHORITY FOR STUDENT COMMU-
NITY SERVICE PROGRAMS.
Part B of title I (42 U.S.C. 4971 et seq.) is amended
by repealing section 114 (42 U.S.C. 4974).
269
SEC. 329. UNIVERSITY YEAR FOR VISTA.
(a) PROGRAM TITLE.—Part B of title I (42 U.S.C.
4971 et seq.) is amended—
(1) in the part heading to read as follows:
‘‘PART B—UNIVERSITY YEAR FOR VISTA’’;
(2) by striking ‘‘University Year for ACTION’’
each place that such term appears in such part and
inserting ‘‘University Year for VISTA’’;
(3) by striking ‘‘UYA’’ each place that such
term appears in such part and inserting ‘‘UYV’’;
and
(4) in section 112 (42 U.S.C. 4972) by striking
the section heading and inserting the following new
section heading:
‘‘AUTHORITY TO OPERATE UNIVERSITY YEAR FOR VISTA
PROGRAM’’.
(b) SPECIAL
CONDITIONS.—Section 113(a) (42
U.S.C. 4973(a)) is amended—
(1) by striking ‘‘of not less than the duration
of an academic year’’ and inserting ‘‘of not less than
the duration of an academic semester or its equiva-
lent’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Volunteers may receive a living allowance
and such other support or allowances as the Director
determines to be appropriate.’’.
270
SEC. 330. AUTHORITY TO ESTABLISH AND OPERATE SPE-
CIAL 
VOLUNTEER 
AND 
DEMONSTRATION
PROGRAMS.
Section 122 (42 U.S.C. 4992) is amended to read as
follows:
‘‘SEC. 122. AUTHORITY TO ESTABLISH AND OPERATE SPE-
CIAL 
VOLUNTEER 
AND 
DEMONSTRATION
PROGRAMS.
‘‘(a) IN GENERAL.—The Director is authorized to
conduct special volunteer programs for demonstration pro-
grams, or award grants to or enter into contracts with
public or nonprofit organizations to carry out such pro-
grams. Such programs shall encourage wider volunteer
participation on a full-time, part-time, or short-term basis
to further the purpose of this part, and identify particular
segments of the poverty community that could benefit
from volunteer and other antipoverty efforts.
‘‘(b) ASSIGNMENT AND SUPPORT OF VOLUNTEERS.—
The assignment of volunteers under this section, and the
provision of support for such volunteers, including any
subsistence allowances and stipends, shall be on such
terms and conditions as the Director shall determine to
be appropriate, but shall not exceed the level of support
provided under section 105. Projects using volunteers who
do not receive stipends may also be supported under this
section.
271
‘‘(c) CRITERIA AND PRIORITIES.—In carrying out
this section and section 123, the Director shall establish
criteria and priorities for awarding grants and entering
into contracts under this part in each fiscal year. No grant
or contract exceeding $100,000 shall be made under this
part unless the recipient of the grant or contractor has
been selected by a competitive process that includes public
announcement of the availability of funds for such grant
or contract, general criteria for the selection of recipients
or contractors, and a description of the application process
and application review process.’’.
SEC. 331. TECHNICAL AND FINANCIAL ASSISTANCE.
Section 123 (42 U.S.C. 4993) is amended to read as
follows:
‘‘SEC. 123. TECHNICAL AND FINANCIAL ASSISTANCE.
‘‘The Director may provide technical and financial as-
sistance to Federal agencies, State and local governments
and agencies, private nonprofit organizations, employers,
and other private organizations that utilize or desire to
utilize volunteers in carrying out the purpose of this
part.’’.
SEC. 332. ELIMINATION OF SEPARATE AUTHORITY FOR
DRUG ABUSE PROGRAMS.
Section 124 (42 U.S.C. 4994) is repealed.
272
CHAPTER 2—NATIONAL SENIOR
VOLUNTEER CORPS
SEC. 341. NATIONAL SENIOR VOLUNTEER CORPS.
(a) TITLE HEADING.—The heading for title II is
amended to read as follows:
‘‘TITLE II—NATIONAL SENIOR VOLUNTEER
CORPS’’.
(b) REFERENCES.—
(1) Section 200(1) (42 U.S.C. 5000(1)) is
amended by striking ‘‘Older American Volunteer
Programs’’ and inserting ‘‘National Senior Volunteer
Corps’’.
(2) The heading for section 221 (42 U.S.C.
5021) is amended by striking ‘‘OLDER AMERICAN
VOLUNTEER PROGRAMS’’ and inserting ‘‘NATIONAL
SENIOR VOLUNTEER CORPS’’.
(3) Section 224 (42 U.S.C. 5024) is amended—
(A) in the section heading by striking
‘‘OLDER
AMERICAN
VOLUNTEER
PROGRAMS’’
and inserting ‘‘NATIONAL SENIOR VOLUNTEER
CORPS’’; and
(B) by striking ‘‘volunteer projects for
Older Americans’’ and inserting ‘‘National Sen-
ior Volunteer Corps projects’’.